"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.

Debate in Parliament | Historical Hansard | Source |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Not-Content)Minority (Content)Turnout
Con0 44 (+1 tell)21.7%
Crossbench4 23.4%
Lab89 (+2 tell) 045.0%
LDem0 26 (+1 tell)39.1%
UUP0 1100.0%
Total:93 7326.0%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

Lord Craig of RadleyCrossbench (front bench)aye
Baroness Masham of IltonCrossbenchaye

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