division_name: Criminal Justice (Mode of Trial) (No. 2) Bill
motion: <p>Not amended in the Standing Committee, again considered. 
  <p>Question again proposed,  That the amendment be made.
   
  
  <p>(1) The court shall consider whether the offence
  <p>(2) For the purpose of subsection (1) above the court shall consider--
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  (a) the nature of the case;
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  (b) any of the circumstances of the offence (but not of the accused) which appears to the court to be relevant; and
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  (c) whether, having regard to the matters to be considered under paragraph (b), the punishment which a magistrates' court would have power to impose for the offence would be adequate.
  <p>whether in all circumstances of the case a denial of jury trial would impinge upon the rights not only of the accused but also of the community at large to have the matter considered and adjudicated by a jury.
  <p>any of the circumstances of the offence (but not of the accused) . . .
  <p>the nature of the case.
  <p>There will be safeguards, including a requirement on magistrates to consider the effect of conviction on a defendant's reputation and livelihood when considering the mode of trial.
  <p>The controversial provision for the court to consider reputation and livelihood, which discriminated in favour of those with apparently good character has been removed; but this is likely to lead to more cases being retained by magistrates. It should be also noted that the new criteria are likely to lead to a new, and diametrically opposite, discrimination. Sentences are likely to be higher in respect of people with previous criminal convictions, who may therefore be outside the court's sentencing powers.
  <p>That leads to the question whether we trust magistrates more than judges. I shall not beat around the bush: I trust a judge and jury more than I trust the Bench.--[ Official Report, Standing Committee D , 25 May 2000; c. 35.]
  <p>It being five hours after the commencement of proceedings on the allocation of time motion,  Mr. Deputy Speaker , pursuant to Order [this day], put forthwith the Question already proposed from the Chair. 
  <p>Amendment negatived. 
  <p>Question put,  That the Bill be now read the Third time:--
  <p>The House divided:  Ayes 282, Noes 199.
  