Chamber
Meeting of the Parliament 22 March 2011
22 Mar 2011 · S3 · Meeting of the Parliament
Item of business
Double Jeopardy (Scotland) Bill: Stage 3
Section 4 will permit the retrial of an acquitted person when that person was originally prosecuted in the High Court and new evidence strongly suggests that the case should be retried. Amendment 2 is a minor technical change that is designed to make it clear that that exception covers acquittals secured not only at the original trial, but on appeal.
Amendments 3 and 4 are minor technical amendments inspired by a question that was raised by Robert Brown at stage 2, when he queried whether the reference in section 9 to “justice of the peace” covered stipendiary magistrates. After reflecting on his point, we think that there is a potential gap and that it would be worth making a small modification. The amendment adopts the language used in the Criminal Proceedings etc (Reform) (Scotland) Act 2007, which refers to
“justice of the peace courts”
rather than to individual justices of the peace. The change makes it completely clear that stipendiary magistrates are covered by the provision. I am grateful to Mr Brown.
I move amendment 2.
Amendment 2 agreed to.
Section 9—Plea in bar of trial: nullity of previous trial
Amendments 3 and 4 moved—[Kenny MacAskill]—and agreed to.
After section 12
Amendments 3 and 4 are minor technical amendments inspired by a question that was raised by Robert Brown at stage 2, when he queried whether the reference in section 9 to “justice of the peace” covered stipendiary magistrates. After reflecting on his point, we think that there is a potential gap and that it would be worth making a small modification. The amendment adopts the language used in the Criminal Proceedings etc (Reform) (Scotland) Act 2007, which refers to
“justice of the peace courts”
rather than to individual justices of the peace. The change makes it completely clear that stipendiary magistrates are covered by the provision. I am grateful to Mr Brown.
I move amendment 2.
Amendment 2 agreed to.
Section 9—Plea in bar of trial: nullity of previous trial
Amendments 3 and 4 moved—[Kenny MacAskill]—and agreed to.
After section 12
In the same item of business
The Deputy Presiding Officer (Alasdair Morgan)
SNP
The next item of business is stage 3 proceedings on the Double Jeopardy (Scotland) Bill. In dealing with amendments, members should have in front of them the...
The Deputy Presiding Officer
SNP
The first group of amendments is on minor and technical drafting changes. Amendment 2, in the name of the minister, is grouped with amendments 3 and 4.
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
Section 4 will permit the retrial of an acquitted person when that person was originally prosecuted in the High Court and new evidence strongly suggests that...
The Deputy Presiding Officer
SNP
The second group of amendments concerns disclosure of information. Amendment 1, in the name of the minister, is grouped with amendments 5 and 6.
Kenny MacAskill
SNP
Amendment 1 ensures that the statutory rules of disclosure of evidence apply to all double jeopardy matters. When this Parliament passed the Criminal Justice...
James Kelly (Glasgow Rutherglen) (Lab)
Lab
I support the Government amendments. Disclosure is an important aspect of legal proceedings, and it is a fundamental right of the accused and their legal tea...
Bill Aitken (Glasgow) (Con)
Con
I agree with James Kelly, although perhaps for different reasons. As is generally known, I am a great supporter of the common law, which I believe has served...
The Deputy Presiding Officer
SNP
That ends consideration of amendments.