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Select Committee on Legislation and Security debate -
Wednesday, 2 Oct 1996

SECTION 5.

Amendments Nos. 5 and 6 are consequential on amendment No. 4 and all may be discussed together.

I move amendment No. 4:

In page 6, lines 37 to 45 and in page 7, lines 1 to 12, to delete subsections (2) and (3) and substitute the following:

"(2) In any criminal proceedings a certificate purporting to be signed by a member and stating that—

(a) that member did any one or more of the following namely—

(i) commenced duty, or replaced a specified member on duty, at a specified time at a place—

(I) where the offence to which such proceedings relate is alleged to have been committed,

(II) adjacent to the place referred to in clause I of this sub-paragraph, or

(III) containing evidence of the offence to which the proceedings relate,

or

(ii) remained on duty at a place referred to in subparagraph (i) until a specified time or until replaced at a specified time by a specified member,

or

(b) in relation to a place referred to in paragraph (a) no person entered upon that place during a specified period without the permission of that member and that no evidence at that place was disturbed while he or she was on duty at that place,

shall be admissible as evidence of the matters stated in the certificate.".

Amendment No. 4 is a drafting amendment which makes the provision clearer. Amendments Nos. 5 and 6 are the drafting amendments consequential on amendment No. 4.

Amendment agreed to.

I move amendment No. 5:

In page 7, subsection (4), lines 13 and 14, to delete "subsection (2)" and substitute "paragraph (a) of subsection (2)".

Amendment agreed to.

I move amendment No. 6:

In page 7, subsection (4), line 15, to delete "subsection (3)" and substitute "the said subsection".

Amendment agreed to.
Section 5, as amended, agreed to.
Sections 6 to 8, inclusive, agreed to.
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