Lead member
Lord Carlile of Berriew
Crossbench, Life peer
Lords
Decision
Agreed
This amendment was agreed to. Where a member has given notice of their intention to oppose a Clause/Schedule standing part of a Bill, 'agreed' indicates that the Clause/Schedule was removed from the Bill.
Amendment text
Clause 21, page 27, line 9
leave out subsections (5) and (6) and insert—
“(5)
The Secretary of State may by regulations make provision about the circumstances in which it is necessary for a person to be present in the United Kingdom to provide cooperation of the kind mentioned in subsection (3)(a).”
Member's explanatory statement
This amendment intends to remove the presumption for the purposes of Clause 21(3)(b) that it is not necessary for a person to be present in the United Kingdom to cooperate with an investigation or criminal proceedings unless there are compelling circumstances which require the person to be present for that purpose. It also removes the related requirement for the Secretary of State to have regard to guidance in determining whether there are compelling circumstances and replaces the regulation-making power regarding circumstances in which it would be deemed necessary for a victim to remain in the UK to cooperate with investigations or criminal proceedings.