Criminal Justice and Immigration Bill — 30 Apr 2008 at 17:25

Clause 42 <[i>Power of Court of Appeal to disregard developments in the law: Northern Ireland]:

moved Amendment No. 12:

Clause 42, leave out Clause 42 and insert the following new Clause-
"Power to dismiss certain appeals following references by the CCRC: Northern Ireland
After section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) insert-

"Appeals following references by the CCRC

13B Power to dismiss certain appeals following references by the CCRC
(1) This section applies where there is an appeal under this Part following a reference by the Criminal Cases Review Commission under section 10(1)(a), (6) or (7) of the Criminal Appeal Act 1995 or section 1(1) of the Criminal Cases Review (Insanity) Act 1999.
(2) Notwithstanding anything in section 2, 12 or 13A of this Act, the Court of Appeal may dismiss the appeal if-

(a) the only ground for allowing it would be that there has been a development in the law since the date of the conviction, verdict or finding that is the subject of the appeal, and(b) the condition in subsection (3) is met.

(3) The condition in this subsection is that if-

(a) the reference had not been made, but(b) the appellant had made (and had been entitled to make) an application for an extension of time within which to seek leave to appeal on the ground of the development in the law,the Court would not think it appropriate to grant the application by exercising the power conferred by section 16(2).""

On Question, amendment agreed to.

Clause 62 <[i>Possession of extreme pornographic images]:

moved Amendment No. 13:

Clause 62, page 49, line 31, leave out paragraph (b) and insert-

"(b) is obscene as defined by section 1 of the Obscene Publications Act 1959 (c. 66) (test of obscenity)."

On Question, Whether the said amendment (No. 13) shall be agreed to?

Their Lordships divided: Contents, 91; Not-Contents, 134.

Debate in Parliament | Source |

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Lord Bell Conaye
Baroness Carnegy of LourConaye
Lord Hodgson of Astley AbbottsCon (front bench)aye
Baroness James of Holland ParkConaye
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Lord Dear Crossbench (front bench)aye
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Lord Armstrong of IlminsterCrossbench (front bench)no
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Lord Elis-Thomas Crossbench (front bench)no
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Lord Harries of PentregarthCrossbench (front bench)no
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Lord Mitchell Lab (minister)no
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Lord Addington LDem (front bench)aye
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Lord Burnett LDem (front bench)aye
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Lord Chidgey LDem (front bench)aye
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Lord Lee of TraffordLDem (front bench)aye
Baroness Linklater of ButterstoneLDem (front bench)aye
Lord Livsey of TalgarthLDem (front bench)aye
Lord Maclennan of RogartLDem (front bench)aye
The Earl of Mar and KellieLDem (front bench)aye
Lord McNally LDem (front bench)aye
Lord Methuen LDem (front bench)aye
Baroness Miller of Chilthorne DomerLDem (front bench)aye
Baroness Neuberger LDem (front bench)aye
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Baroness Northover LDem (front bench)aye
Lord Razzall LDem (front bench)aye
Lord Redesdale LDem (front bench)aye
Lord Roberts of LlandudnoLDem (front bench)tellaye
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Lord Roper LDem (front bench)aye
Lord Russell-Johnston LDemaye
Lord Sandberg LDem (front bench)aye
Lord Shutt of GreetlandLDem (front bench)tellaye
Lord Smith of CliftonLDem (front bench)aye
Lord Steel of AikwoodLDemaye
Lord Taverne LDem (front bench)aye
Lord Thomas of GresfordLDem (front bench)aye
Baroness Tonge LDem (front bench)aye
Lord Tope LDemaye
Lord Tordoff LDem (front bench)aye
Lord Wallace of SaltaireLDem (front bench)aye
Lord Wallace of TankernessLDemaye
Baroness Walmsley LDem (front bench)aye
Lord McAlpine of West GreenOtheraye
Lord Dearing Otherno
Lord Laird UUPaye
Lord Rogan UUPno

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