LORDS AMENDMENT

HL Deb 18 November 2003 vol 654 c1910

111Clause 84, page 45, line 7, at end insert—

• "(8) For the purposes of subsection (5), the judge should not regard as a retrial or (on appeal) a review amounting to a retrial, any proceedings that do not in particular include provision for—
1. (a) the suspect to be present at the retrial;
2. (b) the suspect to have like rights to hear and examine witnesses as he would have done at the original trial;
3. (c) the suspect to have the same right to publicly funded legal services as any suspect or defendant."

The Commons disagree to this amendment but propose the following amendment in lieu—

111A Clause 84, page 45, line 7, at end insert—

• "(8) The judge must not decide the question in subsection (5) in the affirmative unless, in any proceedings that it is alleged would constitute a retrial or a review amounting to a retrial, the person would have these rights—
1. (a) the right to defend himself in person or through legal assistance of his own choosing or, if he had not sufficient means to pay for legal assistance, to be given it free when the interests of justice so required;
2. (b) the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him."

Baroness Scotland of Asthal

My Lords. I beg to move that the House do not insist on its Amendment No. 111 to which the Commons have disagreed and do agree with the Commons in Amendment No. 111A in lieu thereof. I have spoken to this amendment with Amendment No. 26A.

Moved, That the House do not insist on its Amendment No. 111 to which the Commons have disagreed and do agree with the Commons in their Amendment No. 111A in lieu thereof.—(Baroness Scotland of Asthal. )

On Question, Motion agreed to.

Lord Grocott

My Lords, I mentioned earlier that it was hoped we would be able to begin consideration of Commons amendments to the Sexual Offences Bill at 6.45 p.m. That remains the position and I therefore beg to move that the House do now adjourn during pleasure until that time.

Moved accordingly, and, on Question, Motion agreed to.

[The Sitting was suspended from 6.19 to 6.45 p.m. ]