Criminal Justice Bill – in a Public Bill Committee am 11:15 am ar 9 Ionawr 2003.
Eric Illsley
Llafur, Barnsley Central
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.
Dominic Grieve
Shadow Minister (Home Affairs)
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.
Harriet Harman
Solicitor General (Law Officers), Member, Labour Party National Executive Committee
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.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
The House of Lords. When used in the House of Lords, this phrase refers to the House of Commons.
