HC Deb 13 April 1994 vol 241 cc390-2

Amendments made: No. 355, in page 146, leave out lines 25 to 27 and insert 'proviso (b) shall be omitted.' No. 357, in page 146, line 27, at end insert—

'Evidence of accused in criminal proceedings

. In section 1 of the Criminal Evidence Act (Northern Ireland) 1923 (competency of accused to give evidence in criminal proceedings)— (a) after the words "Provided as follows:-" there shall be inserted the following proviso— (a) A person so charged shall not be called as a witness in pursuance of this Act except upon his own application;"; (a) proviso (b) shall be omitted.'

No. 302, in page 147, line 38, at end insert—

'Payment of damages by police authority . In section 48(4) of the Police Act 1964 (payment by police authority of damages awarded against constables), after the words "section 14 of this Act" there shall be inserted the words "or section 127 of the Criminal Justice and Public Order Act 1994".'

No. 303, in page 148, line 10, at end insert—

'Payment of damages by Scottish police authority

. In section 39(4) of the Police (Scotland) Act 1967 (payment by police authority of damages awarded against constables), after the words "section 11 of this Act" there shall be inserted the words "or section 127 of the Criminal Justice and Public Order Act 1994".'

No. 88, in page 150, line 16, at end insert— '. —(1) The Protection of Children (Northern Ireland) Order 1978 shall be amended as follows.

(2) In Article 4(1)—

  1. (a) after the word "photograph" there shall be inserted the words "or pseudo-photograph"; and
  2. (b) after the word "photographs" there shall be inserted the words "or pseudo-photographs".

(3) In Article 5(3) and (5), after the word "photographs" there shall be inserted the words "or pseudo-photographs".

(4) In Article 6(1), after the word "photographs" there shall be inserted the words "or pseudo-photographs".

(5) In Article 7(1), after the word "Order" there shall be inserted the words "relating to indecent photographs of children".'.

No. 177, in page 150, line 20, at end insert—

'Procedure for young offenders in cases of grave crimes . In section 24(1)(a) of the Magistrates' Courts Act 1980 (exception to summary trial of children or young persons) the words "he has attained the age of 14 and" shall be omitted.'

No. 360, in page 152, line 46, at end insert—

'(1A) In Article 4—

(a) in paragraph (1)—

  1. (i) for the words "to (7)" there shall be substituted the words "and (4)";
  2. (ii) in sub-paragraph (b), the words "be called upon to" shall be omitted;
  3. (iii) for the words from "if' onwards there shall be substituted the words ", at the conclusion of the evidence for the prosecution, his legal representative informs the court that the accused will give evidence or, where he is unrepresented, the court ascertains from him that he will give evidence";

(b) for paragraphs (2) and (3) there shall be substituted the following paragraph— (2) Where this paragraph applies, the court shall, at the conclusion of the evidence for the prosecution, satisfy itself (in the case of proceedings on indictment conducted with a jury, in the presence of the jury) that the accused is aware that the stage has been reached at which evidence can be given for the defence and that he can, if he wishes, give evidence and that, if he chooses not to give evidence, or having been sworn, without good cause refuses to answer any question, it will be permissible for the court or jury to draw such inferences as appear proper from his failure to give evidence or his refusal, without good cause, to answer any question.";

(c) in paragraph (4)—

  1. (i) at the beginning there shall be inserted the words "Where this paragraph applies,";
  2. (ii) in sub-paragraph (a), for the words "from the refusal as appear proper" there shall be substituted the words "as appear proper from the failure of the accused to give evidence or his refusal, without good cause, to answer any question";
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  3. (d) in paragraph (5), for the words "refusal to be sworn" there shall be substituted the words "failure to do so";
  4. (e) paragraphs (9) and (10) shall be omitted.'

No. 185, in page 156, line 14, at end insert—

'Contracted out prisons: exclusion of search powers

In section 87(3) of the Criminal Justice Act 1991 (provisions of Prison Act 1952 not applying to contracted out prisons), after the word "officers)" there shall be inserted the words "and section 8A (powers of search by authorised employees)".'.

No. 57, in page 156, line 33, at end insert—

'Secure training orders: cost of supervision by probation officer

In section 17 of the Probation Service Act 1993 (probation committee expenditure)—

  1. (a) in subsection (1), for the words "and(5)" there shall be substituted the words "(5) and (5A)"; and
  2. (b) after subsection (5) there shall be inserted the following subsection—

"(5A) Nothing in sections 18 or 19 requires there to be paid out of the metropolitan police fund or defrayed by a local authority any expenses of a probation committee which are defrayed by the Secretary of State under section 3(5A) of the Criminal Justice and Public Order Act 1994.".'—[Mr. Maclean.]

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