HC Deb 12 June 1996 vol 279 cc390-2

14A. Sections 6 and 7 of the Criminal Law Amendment Act 1867 (statements taken under section 105 of the Magistrates' Courts Act 1980) shall be omitted.'

No. 53, in page 54, line 37, leave out paragraph 22 and insert—

'22.—(1) Section 46 of the Criminal Justice Act 1972 (written statements made outside England and Wales) shall be amended as follows.

(2) In subsection (1) the following words shall be omitted—

  1. (a) "Section 102 of the Magistrates' Courts Act 1980 and";
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  2. (b) "which respectively allow";
  3. (c) "committal proceedings and in other";
  4. (d) "and section 106 of the said Act of 1980";
  5. (e) "which punish the making of;
  6. (f) "102 or";
  7. (g) ", as the case may be".

(3) The following subsections shall be inserted after subsection

(1)—

"(1A) The following provisions, namely—

  1. (a) so much of section 5A of the Magistrates' Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them,
  2. (b) section 5B of that Act, and
  3. (c) section 106 of that Act,
shall apply where written statements are made in Scotland or Northern Ireland as well as where written statements are made in England and Wales.

(1B) The following provisions, namely—

  1. (a) so much of section 5A of the Magistrates' Courts Act 1980 as relates to written statements and to documents or other exhibits referred to in them, and
  2. (b) section 5B of that Act,
shall (subject to subsection (1C) below) apply where written statements are made outside the United Kingdom.

(1C) Where written statements are made outside the United Kingdom—

  1. (a) section 5B of the Magistrates' Courts Act 1980 shall apply with the omission of subsections (2)(b) and (3A);
  2. (b) paragraph 1 of Schedule (Statements and depositions) to the Criminal Procedure and Investigations Act 1996 (use of written statements at trial) shall not apply."

(4) Subsection (2) shall be omitted.'

No. 54, in page 55, line 13, at end insert—

'23A. The following shall be inserted at the end of section 71 of the Police and Criminal Evidence Act 1984 (microfilm copies)—

"Where the proceedings concerned are proceedings before a magistrates' court inquiring into an offence as examining justices this section shall have effect with the omission of the words "authenticated in such manner as the court may approve.'"

No. 55, in page 55, line 33, leave out lines 33 to 37 and insert—

' "(5) This section shall not apply to proceedings before a magistrates' court inquiring into an offence as examining justices.'"

No. 56, in page 55, line 40, leave out lines 40 to 43 and insert—

' "(5) This section shall not apply to proceedings before a magistrates' court inquiring into an offence as examining justices.'"

No. 57, in page 55, line 43, at end insert—

'28A. The following shall be inserted at the end of section 26 of the Criminal Justice Act 1988 (statements in certain documents)—

"This section shall not apply to proceedings before a magistrates' court inquiring into an offence as examining justices."

28B. The following shall be inserted at the end of section 27 of the Criminal Justice Act 1988 (proof of statements contained in documents)—

"This section shall not apply to proceedings before a magistrates' court inquiring into an offence as examining justices.'"—[Mr. Maclean.]

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