I beg to move amendment No. 126, in

clause 19, page 13, line 33, after 'admits', insert 'having taken or refused to take legal advice'.

With this it will be convenient to take the following amendments: No. 143, in

clause 19, page 13, line 33, after 'admits', insert 'freely'.

No. 119, in

clause 19, page 13, line 39, after 'that', insert ', after being offered the opportunity of receiving legal advice,'.

No. 120, in

clause 20, page 14, leave out lines 7 and 8.

We now come to the absolute nub of the five requirements, which is the question whether the person has had legal advice at the time that he consents to being given a conditional caution. It may be implicit that that will happen, but the nature of the procedure is such that it should be made explicit.

I am aware that I am running out of time, so I shall make just two points: it is no fault of the Government Whip, but the way in which we have structured this Committee has left us with insufficient time to discuss not only conditional cautions under part 3 but the charging conditions under part 4, in which there are many important points that require attention yet will simply not be considered. Rather than making a point of order, Mr. Illsley, I simply want to say how much I regret that. We must focus on the key issue of legal advice. I shall pass over all the other amendments in exchange for a response.

I am grateful to have the opportunity to assure the Committee that a suspect, under section 58 of the Police and Criminal Evidence Act 1984, will have had access to legal advice. That is very important.

Furthermore, I welcome the hon. Gentleman's suggestion that he regards the Bill's charging provisions as important. Many people believe that the charging changes are the most important changes in practice. I will continue to give him and his colleagues as much information about it as I can. I hope that we will find another opportunity to debate this, perhaps on Report or in the other place. It is entirely new; it is a big and, I hope, a beneficial change. I, too, regret that I am unable to debate the charging changes.

Yes, it must be a free admission, but I do not think that we need to add ''freely'' as suggested in amendment No. 143. It is implicit; if it was not free it would be wrong. As for amendment No. 126, there must be an option for legal advice. If—

It being twenty-five minutes past Eleven o'clock, The Chairman proceeded to put forthwith the Question already proposed from the Chair.

Amendment negatived.

The Chairman then proceeded to put forthwith the Questions necessary to dispose of the business to be concluded at that time.

Clauses 19 to 23 ordered to stand part of the Bill.