Part of Criminal Justice Bill – in a Public Bill Committee at 6:30 pm on 21 January 2003.
Hilary Benn
Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)
6:30,
21 January 2003
I am grateful to the hon. Gentleman for that clarification. I did not mean to misrepresent him in any way. The Government feel that this is the right change to make, and that is why we are having this debate. Although I understand the argument behind the Amendment, a person who faces a retrial for a serious offence under Clause 77 is subject to the same safeguards as anyone else who faces a criminal charge, as is set out in the Bail Act 1976. For example, decisions on bail or on remanding in custody are for the courts to take. We have, in particular, made the initial bail decision in retrial cases a matter for the Crown court, in recognition of the nature of the offences and the provisions.
However, I am not persuaded that we should set a precedent for compensation in retrial cases, as it would not be available to any other person remanded in custody who is subsequently found not guilty. The circumstances about which the hon. Gentleman is concerned are indeed a consequence of the change in the law. We think that a change should be made, but his concerns are not sufficient to persuade me that we should not follow the logic of the change that we are making.
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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.