"Surcharges — 2 Nov 2004 at 20:15
rose to move, as an amendment to Commons Amendment No. 12, Amendment No. 12B:
12B Leave out lines 4 to 13 and insert-
"( ) In section 4 (finding of unfitness to plead), after subsection (4) insert-
"(4A) Where there is no challenge by either party regarding the question of fitness to be tried the question shall be determined by the court without a jury.".
( ) In subsection (5) (question of fitness to be determined by a jury), for the words "The question of fitness to be tried" substitute "In all other cases the question".
( ) In subsection (6), for "A jury shall not make a determination under subsection (5)" substitute "The court or a jury shall not make a determination under subsection (4A) or (5)".
( ) In section 4A (finding that the accused did the act or omission charged against him), in subsection (1), for "section 4(5) above it is determined by" substitute "section 4(4A) or (5) above it is determined by the court or".
( ) In subsection (5)(a), after "was determined" insert "by a jury".
( ) In subsection (5)(b), after "was determined" insert "by a jury"."
On Question, Whether the said amendment (No. 12B), as an amendment to Commons Amendment No. 12, shall be agreed to?
Their Lordships divided: Contents, 76; Not-Contents, 95.
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