I beg to move amendment No. 44, in

schedule 25, page 274, line 35, at end insert—

'(1A) In subsection (1)(g) after ''examination)'' there is inserted '', section 52(5) of the Crime and Disorder Act 1998 (adjournment of proceedings under section 51 etc)''.'

With this it will be convenient to discuss Government amendments Nos. 47 and 48.

These are very minor tidying up amendments, which, I should explain to hon. Members, were not included in the letter that I sent to them. Amendment No. 44 makes a consequential amendment to the Supreme Court Act 1981, adding a reference to adjournment under section 52(5) of the Crime and Disorder Act 1998. This is a missed consequential: it is consequential not on this Bill but on a provision in the 1998 Act that was overlooked at the time of enactment. We are tidying up after the event.

Amendments Nos. 47 and 48 remove a redundant reference from section 22 of the Criminal Justice Act 1967, which deals with the power of the High Court to grant or vary bail, and which clause 14 of this Bill amends. The reference is redundant because it could never apply in the circumstances in which section 22, as amended, would operate.

Amendment agreed to.

Amendments made: No. 45, in

schedule 25, page 274, line 38, leave out 'or'.

No. 46, in

schedule 25, page 274, line 38, at end insert—

'(2A) In subsection (1)(g) after subparagraph (iii) there is inserted ''or

(iiia) section 24C (intention as to plea by child or young person: adjournment);''.'

—[Hilary Benn.]

I beg to move amendment No. 957, in

schedule 25, page 274, line 38, at end insert—

Charging etc

Criminal Law Act 1977 (c.45)

2A In section 39 of the Criminal Law Act 1977 (service of summons and citation throughout United Kingdom) for subsection (1) there is substituted—

''(1) The following documents, namely—

(a) a summons requiring a person charged with an offence to appear before a court in England or Wales,

(b) a written charge (within the meaning of section 24 of the Criminal Justice Act 2003) charging a person with an offence,

(c) a requisition (within the meaning of that section) requiring a person charged with an offence to appear before a court in England or Wales, and

(d) any other document which, by virtue of any enactment, may or must be served on a person with, or at the same time as, a document mentioned in paragraph (a), (b) or (c) above,

may, in such manner as may be prescribed by rules of court, be served on him in Scotland or Northern Ireland.''

Magistrates' Courts Act 1980 (c.43)

2B The Magistrates' Courts Act 1980 is amended as follows.

2C (1) Section 1 (issue of summons to accused or warrant for his arrest) is amended as follows.

(2) In subsection (3) after ''section'' there is inserted ''upon an information being laid''.

(3) In subsection (4) after ''summons'' there is inserted '', or a written charge and requisition,''.

(4) In subsection (6) after ''has'' there is inserted '', or a written charge and requisition have,''.

(5) After subsection (6) there is inserted—

''(6A) Where the offence charged is an indictable offence and a written charge and requisition have previously been issued, a warrant may be issued under this section by a justice of the peace upon a copy of the written charge (rather than an information) being laid before the justice by a public prosecutor.''

(6) After subsection (7) there is inserted—

''(7A) For the purposes of subsection (6A) above, a copy of a written charge may be laid before, and a warrant under this section may be issued by, a single justice of the peace.''

2D In section 150(1) (interpretation of other terms) after the definition of ''prescribed'' there is inserted—

'' ''public prosecutor'', ''requisition'' and ''written charge'' have the same meaning as in section 24 of the Criminal Justice Act 2003;''

Prosecution of Offences Act 1985 (c.23)

2E (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation) is amended as follows.

(2) In subsection (1) after the definition of ''public authority'' there is inserted—

'' ''public prosecutor'', ''requisition'' and ''written charge'' have the same meaning as in section 24 of the Criminal Justice Act 2003;''.

(3) In subsection (2), after paragraph (b) there is inserted—

''(ba) where a public prosecutor issues a written charge and requisition for the offence, when the written charge and requisition are issued;''.

Criminal Justice (International Cooperation) Act 1990 (c.5)

2F In section 2(1) of the Criminal Justice (International Cooperation) Act 1990 (service of United Kingdom process overseas) after paragraph (a) there is inserted—

''(aa) a written charge and requisition (within the meaning of section 24 of the Criminal Justice Act 2003) charging a person with an offence and requiring that person to appear before a court in England and Wales; and''.

Criminal Justice and Public Order Act 1994 (c.33)

2G (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation, etc, of witnesses, jurors and others) is amended as follows.

(2) In subsection (9), for the word ''and'' at the end of the definition of ''potential'' there is substituted—

'' ''public prosecutor'', ''requisition'' and ''written charge'' have the same meaning as in section 24 of the Criminal Justice Act 2003;''.

(3) In subsection (10)(a), after subparagraph (i) there is inserted—

''(ia) when a public prosecutor issues a written charge and requisition in respect of the offence;''.

Drug Trafficking Act 1994 (c.37)

2H (1) Section 60 of the Drug Trafficking Act 1994 (prosecution by order of Commissioners of Customs and Excise) is amended as follows.

(2) In subsection (6) for the word ''and'' at the end of the definition of ''officer'' there is substituted—

'' ''public prosecutor'', ''requisition'' and ''written charge'' have the same meaning as in section 24 of the Criminal Justice Act 2003;''.

(3) In subsection (6A), after paragraph (a) there is inserted—

''(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;''.

Merchant Shipping Act 1995 (c.21)

2I (1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows.

(2) In subsection (2)(a), after subparagraph (i) there is inserted—

''(ia) when a public prosecutor issues a written charge and requisition in respect of the offence;''.

(3) After subsection (2) there is inserted—

''(2A) In subsection (2) above ''public prosecutor'', ''requisition'' and ''written charge'' have the same meaning as in section 24 of the Criminal Justice Act 2003.''

Terrorism Act 2000 (c.11)

2J (1) Paragraph 11 of Schedule 4 to the Terrorism Act 2000 (proceedings for an offence: timing) is amended as follows.

(2) In subparagraph (1), after paragraph (a) there is inserted—

''(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;''.

(3) After subparagraph (2) there is inserted—

''(2A) In subparagraph (1) ''public prosecutor'', ''requisition'' and ''written charge'' have the same meaning as in section 24 of the Criminal Justice Act 2003.''

Proceeds of Crime Act 2002 (c.29)

2K (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.

(2) In subsection (1), after paragraph (a) there is inserted—

''(aa) when a public prosecutor issues a written charge and requisition in respect of the offence;''.

(3) After subsection (8) there is inserted—

''(9) In this section ''public prosecutor'', ''requisition'' and ''written charge'' have the same meaning as in section 24 of the Criminal Justice Act 2003.''.'.

This amendment adds to schedule 25 some minor amendments that are consequential on part 4 and deal with charging. Despite their length, they amend various statutory references to the laying of an information or the issuing of a summons to take account of the new procedure under clause 24 whereby a public prosecutor or, in certain circumstances, the police, instead of laying an information to obtain the issue of a summons, will issue a written charge accompanied by a requisition. That is a change that we debated and agreed.

We have not debated it. We have not touched on it at any point. It was one of the things that caused me particular anxiety, because it constitutes a profound change, and I tabled some probing amendments, but we never reached them. I have to say to the Minister that that was due to the timetable.

I am duly corrected, and I apologise. However, in its wisdom, the Committee approved the clauses. The amendments that will be consequential on the provisions are minor ones.

I am conscious that I must be careful or I shall be ruled out of order. Although the text is highly technical, it cross-references to an issue that the Committee has not so far had the opportunity to consider at all and that, although apparently innocuous, raises a number of important issues. I do not know how much the Minister might be able to help me if I use this as my guideline and keep myself in order. He looks unhappy, I suspect because his notes, written with reference to the original clause, which we never debated, are long consigned to the dustbin.

The issue is narrow. The Minister says that this is about replacing the system of laying of information with the system of issuing written charges. The big distinction that arises, or could do, is that the old system required information to be laid on oath. Police officers had to go before magistrates and take an oath that the information was correct. The new system specifically precludes the need to do that. It is a technical issue, because generally such things go through on the nod. However, under the old system, officers attending in order to issue summonses and lay information rendered themselves liable to prosecution for perjury if they acted maliciously and laid it on insufficient grounds that they knew to be untrue, whereas I am not sure that that applies under the new system.

The new system is an administrative form of rubber-stamping. That is a significant change, and it is unfortunate that my hopes that it would be debated in Committee have not been realised. Now, seeing that we have an amendment that refers to the matter—I think that I have kept myself in order throughout the process—I should like to raise it with the Minister. He might find that he has speaking notes, because I tabled amendments, which are on the record—this is not ex improviso. Alternatively, he might care to write me a long letter long before Report so that, if I find his answer unsatisfactory, I can do something about it.

I will gladly write the hon. Gentleman the letter that he requests.

On that basis, I cannot take the matter any further; I have put it on the record. I do not have my speaking notes with me, but I remember clearly drafting the amendments in the hope that we should be able to discuss them. Perhaps I should not say this until the end of our proceedings in Committee, but although the Government Whip has been most helpful and we have done our best, it is slightly regrettable that we have still not been able to scrutinise some of the provisions, and this is one of them.

I endorse what the hon. Gentleman says about the Government Whip and the Minister. We are grateful to them and to the Solicitor-General for their co-operation, and no criticism of them is meant. I am also grateful to the Minister for very punctual correspondence about matters that have been raised, and I should like him to pass on thanks to those who assisted him. The only defect has been the inability to debate some provisions. We have tried; the failure is not for want of trying to reach the right balance. However, it is highly unsatisfactory that we have not done that when considering a Bill that deals with whether people are criminals or not.

The Liberal Democrats requested a significant amount of time on Report—the Conservatives or the hon. Member for North Down (Lady Hermon) may well have asked for that too—and I understand that that has found favour with the Government, for which I am grateful. That will give us some comfort. Rather than repeating a point, and on the understanding that the present thinking of Government business managers is that there will be two full days for Report, which is a consolation—although I know that the arrangement is provisional—my hon. Friend and I will work with other members of the Committee and their colleagues to achieve the right balance and to isolate matters that we have not yet been able to debate. In that way we may be able to share out time reasonably on matters of concern, to obtain the maximum opportunity for debate.

Amendment agreed to.

I beg to move amendment No. 1005, in

schedule 25, page 276, line 34, at end insert—

'Indictments Act 1915 (c.90)

24A (1) Section 5 of the Indictments Act 1915 (orders for amendment of indictment, separate trial and postponement of trial) is amended as follows.

(2) In subsection (5)(a) for ''are to'' there is substituted ''(if there is one)''.

(3) In subsection (5)(b) after ''discharged'' there is inserted ''under paragraph (a)''.

Criminal Law Act 1967 (c.58)

24B In section 6(4) of the Criminal Law Act 1967 (trial of offences) after ''jury'' there is inserted ''or otherwise act''.

Criminal Justice Act 1967 (c.80)

24C In section 17 of the Criminal Justice Act 1967 (entry of verdict of not guilty by order of a judge)—

(a) for ''the defendant being given in charge to a jury'' there is substituted ''any further steps being taken in the proceedings'', and

(b) after ''verdict of a jury'' there is inserted ''or a court''.

Criminal Appeal Act 1968 (c.19)

24D In section 7(2)(c) of the Criminal Appeal Act 1968 (power to order retrial)—

(a) for ''the jury were discharged from giving a verdict'' there is substituted ''no verdict was given'', and

(b) for ''convicting him'' there is substituted ''his being convicted''.'.

With this it will be convenient to discuss Government amendments Nos. 1006 to 1017.

Amendments Nos. 1005 to 1017 are minor and consequential amendments to references to

the jury in existing legislation. One of my many missives to members of the Committee was to tell them in general terms about the changes.

Clause 42(4) makes consequential provision on a very general basis for statutory references to a jury or a jury's verdict or finding to be construed as references to a court, except where the context requires otherwise. In essence, where there is provision in the Bill for trial without jury, consequential changes need to be made to various items of legislation to ensure that they are fully consistent with the provisions that we have considered.

The clause is adapted from section 75(3) of the Terrorism Act 2000, which provides for trials by judge alone in Northern Ireland. We are confident that that general provision, which has apparently worked well in Northern Ireland for several years, will achieve the right result and make the relevant statute law work satisfactorily at a technical level for trials on indictment both with and without juries. However, for the avoidance of doubt, we are making consequential provision in a limited number of cases in which we cannot be sure that the combination of an existing statutory provision and clause 42(4) will produce the right result. That is the purpose of the amendments, which I appreciate are quite lengthy.

Amendment agreed to.

Amendments made: No. 1006, in

schedule 25, page 277, line 4, at end insert—

'Police and Criminal Evidence Act 1984 (c.60)

25A (1) Section 77 of the Police and Criminal Evidence Act 1984 (confessions of mentally handicapped persons) is amended as follows.

(2) In subsection (1) after ''indictment'' there is inserted ''with a jury''.

(3) In subsection (2) after ''indictment'' there is inserted ''with a jury''.

(4) After subsection (2) there is inserted—

''(2A) In any case where at the trial on indictment without a jury of a person for an offence it appears to the court that a warning under subsection (1) above would be required if the trial were with a jury, the court shall treat the case as one in which there is a special need for caution before convicting the accused on his confession.''.'.

No. 1007, in

schedule 25, page 277, line 5, at end insert—

'25B The Criminal Justice Act 1987 is amended as follows.'.

No. 1008, in

schedule 25, page 277, line 6, leave out

'of the Criminal Justice Act 1987 (c.38)'.

No. 1009, in

schedule 25, page 277, line 14, at end insert—

'26A (1) Section 9 (the preparatory hearing) is amended as follows.

(2) In subsection (4)(b) for ''the jury'' there is substituted ''a jury''.

(3) In subsection (13) for ''no jury shall be sworn'' there is substituted ''the preparatory hearing shall not be concluded''.

26B (1) Section 10 (later stages of trial) is amended as follows.

(2) In subsection (2) after ''jury'' there is inserted ''or, in the case of a trial without a jury, the judge''.

(3) In subsection (3) for ''deciding whether to give leave'' there is substituted ''doing anything under subsection (2) above or in deciding whether to do anything under it''.

(4) In subsection (4) for ''Except as provided by this section'' there is substituted ''Except as provided by this section, in the case of a trial with a jury''.'.

No. 1010, in

schedule 25, page 277, line 15, at end insert—

'26C The Prosecution of Offences Act 1985 is amended as follows.

26D In section 7A(6)(a) (powers of non-legal staff) for ''by a jury'' there is substituted ''on indictment''.'.

No. 1011, in

schedule 25, page 277, line 16, leave out

'of the Prosecution of Offences Act 1985 (c.23)'.

No. 1012, in

schedule 25, page 277, line 28, at end insert—

'Criminal Justice and Public Order Act 1994 (c.33)

27A The Criminal Justice and Public Order Act 1994 is amended as follows.

27B In section 35(2) (effect of accused's silence at trial) after ''indictment'' there is inserted ''with a jury''.

27C In section 51(10)(b) (intimidation of witnesses, jurors and others) after ''finding'' there is inserted ''otherwise than in circumstances where the proceedings are continued without a jury''.'.

No. 1013, in

schedule 25, page 277, line 29, at end insert—

'27D The Criminal Procedure and Investigations Act 1996 is amended as follows.'.

No. 1014, in

schedule 25, page 277, line 30, leave out

'of the Criminal Procedure and Investigations Act 1996 (c.25)'.

No. 1015, in

schedule 25, page 277, line 38, at end insert—

'28A In section 31(4)(b) (the preparatory hearing) for ''the jury'' there is substituted ''a jury''.

28B (1) Section 34 (later stages of trial) is amended as follows.

(2) In subsection (2) after ''jury'' there is inserted ''or, in the case of a trial without a jury, the judge''.

(3) In subsection (3) for ''deciding whether to give leave'' there is substituted ''doing anything under subsection (2) or in deciding whether to do anything under it''.

(4) In subsection (4) for ''Except as provided by this section'' there is substituted ''Except as provided by this section, in the case of a trial with a jury''.

28C In section 35(2) (appeals to Court of Appeal) for ''no jury shall be sworn'' there is substituted ''the preparatory hearing shall not be concluded''.

28D In section 36(2) (appeals to House of Lords) for ''no jury shall be sworn'' there is substituted ''the preparatory hearing shall not be concluded''.'.

No. 1016, in

schedule 25, page 277, line 39, leave out 'of that Act'.

No. 1017, in

schedule 25, page 278, line 7, at end insert—

'Crime and Disorder Act 1998 (c.37)

29A In paragraph 2(2) of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal) for ''a jury properly to convict him'' there is substituted ''him to be properly convicted''.

Youth Justice and Criminal Evidence Act 1999 (c.23)

29B The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

29C In section 32 (warning to jury) after ''indictment'' there is inserted ''with a jury''.

29D In section 39(1) (warning to jury) after ''indictment'' there is inserted ''with a jury''.

Antiterrorism, Crime and Security Act 2001 (c.24)

29E In paragraph 19(6)(c) of Schedule 1 to the Antiterrorism, Crime and Security Act 2001 (general interpretation) after ''finding'' there is inserted ''otherwise than in circumstances where the proceedings are continued without a jury''.

Proceeds of Crime Act 2002 (c.29)

29F In section 316(9)(c) of the Proceeds of Crime Act 2002 (general interpretation) after ''finding'' there is inserted ''otherwise than in circumstances where the proceedings are continued without a jury''.'.—[Hilary Benn.]

I beg to move amendment No. 958, in

schedule 25, page 278, line 27, at end insert—

'Criminal Appeal (Northern Ireland) Act 1980 (c.47)

32A (1) Section 19 of the Criminal Appeal (Northern Ireland) Act 1980 (legal aid) is amended as follows.

(2) In subsection (1) after ''an appeal'' there is inserted ''under this Part of this Act''.

(3) In subsection (1A) for ''for the purpose'' there is substituted ''in respect''.

(4) In subsection (1A)(a)—

(a) the words ''application for leave to'' are omitted, and

(b) after ''hearings)'' there is inserted ''or section 41 of the Criminal Justice Act 2003''.

(5) For subsection (1A)(b) there is substituted—

''(b) any other appeal to the Court of Appeal under any Northern Ireland legislation (whenever passed or made) from proceedings before the Crown Court; or

(c) an application for leave to appeal in relation to an appeal mentioned in paragraph (a) or (b) above.''

(6) In subsection (3) for ''an appellant'' there is substituted ''a person''.'.

With this it will be convenient to discuss Government amendments Nos. 976 and 959.

The Government's policy intention is that criminal legal aid should be available for criminal proceedings in Northern Ireland. Existing legal aid legislation does not allow criminal legal aid to be granted for appeals to the Court of Appeal or the House of Lords under part 7, on trials on indictment without a jury, as extended to Northern Ireland, or under the Northern Ireland Order in Council that will be made to extend part 9, on prosecution appeals, to Northern Ireland.

Government amendments Nos. 958 and 959 therefore extend the scope of section 19 of the Criminal Appeal (Northern Ireland) Act 1980 to ensure that criminal legal aid can be granted in Northern Ireland to a person—other than the prosecution—who appears before the Court of Appeal or the House of Lords as a consequence of an appeal under part 7 or under the order extending part 9 to Northern Ireland.

Those changes to legal aid provision in Northern Ireland are consistent with the approach that we have taken in England and Wales, where criminal legal aid is to be made available for such proceedings by way of amendment to secondary legislation.

Government amendment No. 976 will remove a duplication. Members of the Committee will have

spotted that paragraph 33 of schedule 25 duplicates an amendment in paragraph 17 of schedule 1.

May I say how much I welcome the extension of criminal legal aid to Northern Ireland, which brings the provisions in line with those in the rest of the United Kingdom? I appreciate the fact that the Minister is fully implementing the Belfast agreement in recognition of Northern Ireland's constitutional position. That is hugely important, given that criminal justice and justice are not devolved matters—they were not devolved before the suspension of the Assembly and they have still not been devolved. The changes are very welcome.

Amendment agreed to.

Amendment made: No. 976, in

schedule 25, page 278, line 28, leave out from beginning to end of line 6 on page 279.—[Hilary Benn.]

Schedule 25, as amended, agreed to.

Clause 267 ordered to stand part of the Bill.