Clause 41
Coroners and Justice Bill
11:30 am
Frank Cook (Stockton North, Labour)
With this it will be convenient to discuss the following: amendment 206, in clause 41, page 25, line 6, after ‘self-control’, insert ‘caused by gross provocation’.
Amendment 169, in clause 41, page 25, leave out lines 11 and 12.
Amendment 207, in clause 41, page 25, line 17, leave out ‘considered’.
Amendment 170, in clause 41, page 25, leave out lines 18 to 21.
Amendment 2, in clause 41, page 25, line 18, after ‘adduced’, insert
‘by the defendant, whether or not deliberately or, if adduced by another, relied upon by the defendant,’.
Amendment 171, in clause 41, page 25, line 22, leave out ‘(5)’ and insert ‘(1)’.
Government amendment 266.
Clause stand part.
Amendment 3, in clause 42, page 25, line 35, at end insert
‘(provided that D’s fear of serious violence must have been aroused within a period that was in all the circumstances reasonably proximate to the killing of V)’.
Amendment 450, in clause 42, page 25, line 39, leave out paragraph (b).
Amendment 173, in clause 42, page 25, line 39, leave out ‘a’ and insert ‘an objectively’.
Amendment 416, in clause 42, page 25, line 39, leave out ‘seriously’.
Amendment 4, in clause 42, page 25, line 39, at end insert ‘, and
(c) was done or said within a period that was in all the circumstances reasonably proximate to the killing of V’.
Amendment 5, in clause 42, page 25, line 41, at end insert
‘so long as they occurred within a period that was in all the circumstances reasonably proximate to the killing of V’.
Amendment 6, in clause 42, page 25, line 42, leave out subsection (6).
Amendment 417, in clause 42, page 26, line 2, leave out ‘or said’.
Amendment 418, in clause 42, page 26, line 4, leave out ‘seriously’.
Amendment 419, in clause 42, page 26, line 4, leave out ‘or said’.
Amendment 174, in clause 42, page 26, line 5, leave out ‘justified’ and insert ‘justifiable’.
Amendment 420, in clause 42, page 26, line 5, leave out ‘or said’.
Amendment 176, in clause 42, page 26, line 7, leave out paragraph (c) and insert—
‘(6A) Violation of a code of honour or sexual infidelity are not to be regarded without more as circumstances of an extremely grave character for the purposes of subsection 4(a) above.’.
Amendment 7, in clause 42, page 26, line 7, leave out paragraph (c).
Amendment 175, in clause 42, page 26, line 7, leave out ‘or said’.
Amendment 111, in clause 42, page 26, line 8, after ‘disregarded’, insert
‘unless the fact that the thing done or said which constituted sexual infidelity is relevant to other things done or said (or both) which do not constitute sexual infidelity but which are put forward as qualifying under subsection (4) of this section.’.
Clause 42 stand part.
Clause 43 stand part.