Criminal Justice Bill Marshalled List of Amendments Further Consideration Stage Tuesday 12 March 2013

Amendments tabled up to 9.30am Thursday, 7 March 2013 and selected for debate

Amendment 1 [Negatived on Division]

New Clause

After clause 11 insert -

‘Ending the life of an unborn child

Ending the life of an unborn child

11A.-(1) Without prejudice to section 58 and section 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945 and subject to subsection (2) any person who ends the life of an unborn child at any stage of that child’s development shall be guilty of an offence and liable on conviction on indictment to a period of not more than ten years’ imprisonment and a fine.

(2) It shall be a defence for any person charged with an offence under this section to show-

(a) that the act or acts ending the life of an unborn child were lawfully performed at premises operated by a Health and Social Care Trust, or

(b) that the act or acts ending the life of the unborn child were lawfully performed without fee or reward in circumstances of urgency when access to premises operated by a Health and Social Care Trust was not possible.

(3) For the purposes of this section a person ends the life of an unborn child if that person does any act, or causes or permits any act, with the intention of bringing about the end of the life of an unborn child, and, by reason of any such act, the life of that unborn child is ended.

(4) For the purposes of this section ‘lawfully’ in subsection (2) means in accordance with any defence or exception under section 58 and section 59 of the Offences Against the Person Act 1861 and section 25 of the Criminal Justice Act (Northern Ireland) 1945.’

Mr Paul Givan
Mr Tom Elliott
Mr Alban Maginness
Mr Jim Allister
Mr Jim Wells

Amendment 2 [Made]

New Clause

After clause 12 insert -

‘Criminal proceedings on Sunday

Criminal proceedings on Sunday

12A.-(1) Section 7 of the Sunday Observance Act (Ireland) 1695 (which prohibits the service or execution on a Sunday of any writ, process, warrant, order, judgment or decree, except in certain cases) and any rule of law preventing or restricting the holding of a court on a Sunday do not apply, at any time when this subsection is in operation, in relation to-

(a)  the holding of a magistrates’ court for the purpose of exercising any criminal jurisdiction; or

(b) anything done in the course of, or in connection with, the exercise by a magistrates’ court of any criminal jurisdiction.

(2) Subsection (1)-

(a)  comes into operation on such day as the Department may by order appoint; and

(b) ceases to be in operation one month after that day.

(3) The Department may by order made at any time when subsection (1) is not in operation provide for that subsection to come into operation again on such day as is appointed by the order.

(4) Where subsection (1) comes into operation on a day appointed under subsection (3), it ceases to be in operation one month after that day.

(5) An order under subsection (2) or (3) requires the approval of the First Minister and deputy First Minister acting jointly; and no such order shall be made unless-

(a)  the Chief Constable has requested the Department to make the order; and

(b) the Department, after consulting the Lord Chief Justice, is of the opinion that such exceptional circumstances exist as to justify the making of the order.’

Minister of Justice

Amendment 3 [Made]

Clause 14, Page 13, Line 36

After ‘subsection (2)’ insert ‘and section (Criminal proceedings on Sunday)’

Minister of Justice

Amendment 4 [Made]

Schedule 3, Page 31, Line 20

Leave out ‘under a disability’ and insert ‘unfit to be tried’

Minister of Justice

Amendment 5 [Made]

Schedule 3, Page 31, Line 34

Leave out paragraph 5 and insert -

‘5. In Article 89 (orders and regulations) after paragraph (2) insert-

“(2A) An order under Article 63D(5)(c) shall not be made unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.”.’

Minister of Justice

Amendment 6 [Made]

Schedule 3, Page 31, Line 37

Leave out ‘(b)’ and insert ‘(c)’

Minister of Justice

Amendment 7 [Made]

Long Title

After ‘judiciary’ insert ‘; and to permit criminal proceedings on Sunday at certain times’

Minister of Justice

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