Double Jeopardy (Scotland) Bill

Transcription

1 Double Jeopardy (Scotland) Bill Groupings of Amendments for Stage 2 This document provides procedural information which will assist in preparing for and following proceedings on the above Bill. The information provided is as follows: the list of groupings (that is, the order in which amendments will be debated). Any procedural points relevant to each group are noted; the text of amendments to be debated during Stage 2 consideration, set out in the order in which they will be debated. THIS LIST DOES NOT REPLACE THE MARSHALLED LIST, WHICH SETS OUT THE AMENDMENTS IN THE ORDER IN WHICH THEY WILL BE DISPOSED OF. Groupings of amendments Admissions to be treated as type of new evidence 32, 33, 34, 35, 36, 37, 38, 39, 40, 41 Notes on amendments in this group Amendment 40 is pre-empted by amendment 11 in the group Minor and technical changes Minor and technical changes 1, 2, 5, 6, 7, 8, 9, 11 Admissions: tests for granting authority for new prosecutions 3, 4, 12, 13 New evidence: tests for granting authority for new prosecutions 20, 21, 22, 23, 24, 25, 28, 29, 30, 31 New evidence: limit on number of applications 26, 27 New prosecutions: leading of evidence 10 Plea in bar of trial: summary cases 14, 15 Eventual death of injured person 16, 17, 18, 19 SP Bill 59-G 1 Session 3 (2011)

2 Amendments in debating order Admissions to be treated as type of new evidence 32 In section 1, page 1, line 15, leave out <, 3> 33 Leave out section 3 34 In section 4, page 4, line 33, at end insert <(3A) For the purposes of subsection (3)(b), new evidence includes a person s admission to having committed the original offence or a relevant offence, made (a) after the acquittal, or (b) before the acquittal but becoming known after the acquittal.> 35 In section 4, page 5, line 9, at end insert <(6A) But where the new evidence is of the type mentioned in subsection (3A), the court must also be satisfied (a) on the balance of probabilities, that the person credibly admitted having committed the original offence or a relevant offence, (b) that evidence is available sufficient to corroborate the admission.> 36 In section 5, page 5, line 19, leave out <, 3(3)(b)> 37 In section 6, page 5, line 32, leave out <, 3> 38 In section 6, page 6, line 6, leave out <, 3> 39 In section 6, page 6, line 8, leave out <, 3> 40 In section 6, page 6, line 19, leave out <, 3> 41 In section 7, page 6, line 27, leave out <, 3>

3 Minor and technical changes 1 In section 2, page 2, line 10, leave out second <or> 2 In section 3, page 3, line 25, leave out <or> 5 In section 4, page 4, line 17, leave out <or> 6 In section 4, page 5, line 1, leave out <accused> and insert <person> 7 In section 4, page 5, line 7, leave out from <(had> to <charged)> in line 8 8 In section 6, page 6, line 6, leave out <, as the case may be,> 9 In section 6, page 6, line 8, leave out <, as the case may be,> 11 In section 6, page 6, line 19, leave out <brought by virtue of section 2, 3 or 4> Admissions: tests for granting authority for new prosecutions 3 In section 3, page 4, leave out lines 4 and 5 4 In section 3, page 4, leave out line 10 and insert <( ) that the case against the person is strengthened substantially by the admission, ( ) that, on the admission and the evidence which was led at the trial in respect of the original offence, it is highly likely that a reasonable jury properly instructed would have convicted the person of (i) the original offence, or (ii) a relevant offence, and> 12 In section 8, page 7, leave out lines 33 and 34

4 13 In section 8, page 7, leave out line 39 and insert <( ) that the case against the person is strengthened substantially by the admission, ( ) that, on the admission and the evidence which was led at the original trial, it is highly likely that a reasonable jury properly instructed would have convicted the person of murder, and> New evidence: tests for granting authority for new prosecutions 20 In section 4, page 4, line 13, leave out from <whether> to <complaint )> in line 14 and insert <after trial in the High Court on indictment (the original indictment )> 21 In section 4, page 4, line 21, leave out <or complaint> 22 In section 4, page 4, line 24, leave out <or complaint> 23 In section 4, page 4, leave out line In section 4, page 4, line 32, after <prosecution> insert <in the High Court> 25 In section 4, page 4, leave out line In section 4, page 5, line 10, leave out subsections (7) and (8) 29 Leave out schedule 1 30 Leave out section In section 16, page 10, line 34, after <order> insert <made by statutory instrument>

5 New evidence: limit on number of applications 26 In section 4, page 4, line 37, leave out <in relation to any particular case> and insert <to set aside the acquittal of an original offence> 27 In section 4, page 4, line 38, at end insert <( ) But an application may not be made to set aside the acquittal of an original offence if the person was charged with, and prosecuted anew for, that offence by virtue of this section.> New prosecutions: leading of evidence 10 In section 6, page 6, line 18, at end insert <(8A) In proceedings in a new prosecution it is competent for either party to lead evidence which it was competent for that party to lead in the proceedings on the original indictment or complaint (the earlier proceedings ). (8B) But the prosecutor must identify in the indictment or complaint in the new prosecution any matters as respects which the prosecutor intends to lead evidence by virtue of subsection (8A) which would not have been competent but for that subsection.> Plea in bar of trial: summary cases 14 In section 9, page 8, line 17, after first <sheriff> insert <, or ( ) a justice of the peace> 15 In section 9, page 8, line 17, after second <sheriff> insert <or justice of the peace> Eventual death of injured person 16 In section 11, page 9, line 20, at end insert <, and (c) in a case where A was acquitted, the condition mentioned in subsection (2A) is satisfied.> 17 In section 11, page 9, line 24, at end insert

6 <(2A) The condition referred to in subsection (1)(c) is that, on the application of the prosecutor and after hearing parties, the High Court is satisfied that it is in the interests of justice to proceed as mentioned in subsection (2).> 18 In schedule 2, page 12, line 15, after <evidence)> insert <, 11(2A) (eventual death of injured person)> 19 In schedule 2, page 12, line 32, leave out paragraph 7