Domestic Violence, Crime and Victims Bill [HL]

It was moved by the Baroness Anelay of St Johns, as an amendment to Commons Amendment 12, to 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”.”; which being objected to, the question was put thereupon, and