HL Deb 02 November 2004 vol 666 cc236-7

(1) The Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I.4) is amended as follows.

(2) In Article 49 (finding of unfitness to be tried), in paragraph (4) (question of fitness to be determined by a jury), for the words from "by a jury" to the end substitute "by the court without a jury".

(3) In paragraph (4A) of that Article, for "A jury" substitute "The court".

(4) In paragraph (1) of Article 49A (finding that the accused did the act or omission charged against him), for "jury" substitute "court".

(5) For paragraph (5) of that Article substitute—

(5) Where the question of fitness to be tried was determined after arraignment of the accused, the determination under paragraph(2) is to be made by the jury by whom he was being tried.""

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 13. I spoke to this amendment with Amendment No. 12.

Moved, That the House do agree with the Commons in their Amendment No. 13.—(Baroness Scotland of Asthal.)

[Amendment No. 13A not moved.]

[Amendment No. 13B, as an amendment to Commons Amendment No. 13, not moved.]

On Question, Motion agreed to.