Schedule 12
Coroners and Justice Bill
3:00 pm

Schedule 1A to the Youth Justice and Criminal Evidence Act 1999

Amendments made: 286, in schedule 12, page 146, line 40, at end insert—

‘Murder and manslaughter

A1 Murder in a case where it is alleged that a firearm or knife was used to cause the death in question.

B1 Manslaughter in a case where it is alleged that a firearm or knife was used to cause the death in question.

C1 Murder or manslaughter in a case (other than a case falling within paragraph A1 or B1) where it is alleged that—

(a) the accused was carrying a firearm or knife at any time during the commission of the offence, and

(b) a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

Offences against the Person Act 1861 (c. 100)

D1 An offence under section 18 of the Offences against the Person Act 1861 (wounding with intent to cause grievous bodily harm etc) in a case where it is alleged that a firearm or knife was used to cause the wound or harm in question.

E1 An offence under section 20 of that Act (malicious wounding) in a case where it is alleged that a firearm or knife was used to cause the wound or inflict the harm in question.

F1 An offence under section 38 of that Act (assault with intent to resist arrest) in a case where it is alleged that a firearm or knife was used to carry out the assault in question.

G1 An offence under section 47 of the Offences against the Person Act 1861 (assault occasioning actual bodily harm) in a case where it is alleged that a firearm or knife was used to inflict the harm in question.

H1 An offence under section 18, 20, 38 or 47 of the Offences against the Person Act 1861 in a case (other than a case falling within any of paragraphs D1 to G1) where it is alleged that—

(a) the accused was carrying a firearm or knife at any time during the commission of the offence, and

(b) a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.’.

Amendment 287, in schedule 12, page 148, line 3, at end insert—

‘21A A reference in any of paragraphs A1 to H1 to an offence (“offence A”) includes—

(a) a reference to an attempt to commit offence A in a case where it is alleged that it was attempted to commit offence A in the manner or circumstances described in that paragraph,

(b) a reference to a conspiracy to commit offence A in a case where it is alleged that the conspiracy was to commit offence A in the manner or circumstances described in that paragraph,

(c) a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed in a case where it is alleged that the person intended or believed offence A would be committed in the manner or circumstances described in that paragraph, and

(d) a reference to aiding, abetting, counselling or procuring the commission of offence A in a case where it is alleged that offence A was committed, or the act or omission charged in respect of offence A was done or made, in the manner or circumstances described in that paragraph.’.

Amendment 288, in schedule 12, page 148, line 4, leave out ‘this Schedule’ insert ‘any of paragraphs 1 to 21’.

Amendment 289, in schedule 12, page 148, line 12, at end insert—

‘Interpretation

In this Schedule—

“firearm” has the meaning given by section 57 of the Firearms Act 1968;

“knife” has the meaning given by section 10 of the Knives Act 1997.” ’.—(Bridget Prentice.)

Schedule 12, as amended, agreed to.