Joanna Tuffy (Labour)

I move amendment No. 33:

In page 7, between lines 11 and 12, to insert the following subsection:

"(9) Where a court hears evidence under subsection (8) and decides not to discharge an accused person, no report of such evidence or of such decision may be published until such time (if any) as the trial of the person concludes or until it is determined that the trial will not proceed.".

Under the provisions of section 3(8), if it has been determined that the accused person is to be tried, the court can consider whether there was reasonable doubt as to whether the accused committed the act alleged. If such doubt is established, the court could order the accused to be discharged. In cases where a court does not find that such reasonable doubt exists, but there is no full trial, the person could then subsequently be found fit to be tried. We believe that publishing the information that the judge did not have reasonable doubt as to guilt would be prejudicial to the defendant.