Clause 35

Serious Crime Bill [Lords] – in a Public Bill Committee at 5:15 pm on 3 July 2007.

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Proceedings in the Crown Court

Photo of Vernon Coaker Vernon Coaker Parliamentary Under-Secretary (Home Office) (Crime Reduction) 5:30, 3 July 2007

I beg to move amendment No. 50, in clause 35, page 23, line 9, leave out subsections (4) and (5) and insert—

‘(4) The Crown Court, when exercising its jurisdiction in England and Wales under this Part, is a criminal court for the purposes of Part 7 of the Courts Act 2003 (c. 39) (procedure rules and practice directions).’.

I apologise to the Committee for having to amend the Bill to clarify which rules committee should make procedure rules in relation to the operation of orders in the Crown court. After further consultation within Government, we have concluded that it would more administratively convenient for the procedure rules in relation to orders made in the Crown court to be made under the provisions of the Courts Act 2003, as that is where the rules in relation to other civil orders on conviction will be made.

Photo of James Brokenshire James Brokenshire Shadow Minister (Home Affairs)

In the context of the previous debate, I rise to highlight the strange irony that the amendment should say that the Crown court is to be termed a criminal court for the purposes of clause 35, notwithstanding the fact that we are apparently talking about civil orders and a civil burden of proof. However, I note what the Minister said about the operation of the orders, even if there is some irony in the relation to the wording proposed.

Amendment agreed to.

Clause 35, as amended, ordered to stand part of the Bill.

Clause 36 ordered to stand part of the Bill.