Lords division · 2 Nov 2004 · No. 4

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 the House divided:

The Not Contents have it

Majority 19

Contents: 76 Not Contents: 95

At a glance The Not Contents won by a margin of 19 votes. The Government's position was Not Content, and it won.

How the parties voted

Contents

Conservative 45
Liberal Democrat 25
Crossbench 4
Ulster Unionist Party 1
Independent Ulster Unionist 1

Not Contents

Labour 86
Crossbench 5
Non-affiliated 4

The party breakdowns are our own analysis of the official voting records (recorded votes only; they do not describe the formal whip). How we work this out.

Peers attend divisions ad hoc, so there is no did-not-vote list. Tellers are counted in the Content and Not Content totals, unlike in the Commons.

Tellers: Lord Cope of Berkeley (Content), Lord Roper (Content), Lord Davies of Oldham (Not Content), Lord Grocott (Not Content).

Every vote

Contents (74)

Not Contents (93)

Tellers (4)

Source: the official Lords division record.