Clause 34 - Faults in defence disclosure

Criminal Justice Bill – in a Public Bill Committee at 6:00 pm on 9 January 2003.

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Question proposed, That the clause stand part of the Bill.

Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs)

I did not move Amendment No. 194 because I thought that it might be defective. It referred to both comment and inferences. The amendment was inadequate, as it was designed to improve the proposed new Clause 11(6) of the 1996 Act, which refers back to proposed new clause 11(5) of that Act, which breaks the matter down.

My understanding is that under the provisions the leave of the court would no longer be required for comments to be made or for adverse inferences to be drawn in certain circumstances. Must the leave of the court be sought, so that the seeking of an adverse inference always requires judicial sanction? I hope that that is the intention, and assurance of that would be helpful.

Photo of Hilary Benn Hilary Benn Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)

The answer to the hon. Gentleman's question is that leave would be required in relation to witness notices. I hope that that is helpful.

Photo of Hilary Benn Hilary Benn Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)

So will I.

Question put and agreed to.

Clause 34 ordered to stand part of the Bill.

Further consideration adjourned.—[Mr. Heppell.]

Adjourned accordingly at twelve minutes past Six o'clock till Tuesday 14 January at ten minutes past Nine o'clock.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

amendment

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Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.