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Lord Fraser of Carmyllie moved Amendment No. 171:


Page 121, line 42, leave out sub-paragraph (c).

The noble and learned Lord said: This corrects a small drafting slip. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No.172:


Page 123, line 32, leave out from ("(2)") to ("to") in line 34 and insert ("Subsection (3) of section 375ZC of this Act shall apply to an order made under subsection (1) (b) (i) above as it applies").

The noble and learned Lord said: This minor amendment corrects an even smaller mistake. I beg to move.

On Question, amendment agreed to.

[Amendment No. 173 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 174:


Page 125, line 12, after ("trials)") insert ("—(a)").

The noble and learned Lord said: In moving Amendment No. 174, perhaps I may speak also to Amendments Nos. 175 and 190. This amendment will require the court, when considering whether to grant an application that a child's evidence should be taken by non-conventional means, such as by closed circuit television, from behind a screen or on commission, to take into account the views of the child himself or herself. That seems a sensible measure. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 175:


Page 125, line 13, at end insert ("; and
(b) in subsection (2)—
(i) the word "and" immediately following paragraph (a) shall cease to have effect; and
(ii) after paragraph (b) there shall be inserted "; and
(c) the views of the child.".").

On Question, amendment agreed to.

[Amendments Nos. 176 and 177 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 178:


Page 125, line 32, leave out from beginning to ("(breach") in line 33 and insert:
("70.—(1) The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.
(2) In section 18(1),").

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 179:


Page 125, line 35, at end insert:
("( ) In section 28(3) (destruction of prints and impressions), the words "or 384(1) (probation)" shall cease to have effect.").

The noble and learned Lord said: I spoke to this amendment in speaking to Amendment No. 166. I beg to move.

16 Jan 1995 : Column 524

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 180:


Page 125, line 35, at end insert:
("( ) In section 33 (evidence of children on commission)—
(a) in subsection (1), the words from the beginning to "and" where it first occurs shall cease to have effect; and
(b) after subsection (3) there shall be inserted the following subsection—
"(4) Subsections (2) to (4), (5A) and (6) of section 32 of the 1980 Act (evidence by letter of request or on commission) shall apply to an application under subsection (1) above and evidence taken by a commissioner appointed under that subsection as those subsections apply to an application under subsection (1) of that section and evidence taken by a commissioner appointed on such an application.".").

The noble and learned Lord said: Again, this is a technical amendment. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 181:


Page 125, line 35, at end insert:
("( ) In section 34 (concealment by screen of accused from child giving evidence), after the word "been" there shall be inserted "or is likely to be".").

The noble and learned Lord said: This amendment will enable the court to consider an application for the use of a screen to shield a child witness when giving evidence in court at an earlier stage than is possible under the existing statutory provisions. I beg to move.

On Question, amendment agreed to.

Lord Macaulay of Bragar moved Amendment No. 182:


Page 125, line 35, at end insert:
("( ) In section 28(1) (Prints, samples etc. in criminal investigations) after the word "questioning)" there shall be inserted "or has been liberated on bail in terms of section 1(2) (b) (ii) of the Bail etc. (Scotland) Act 1980.".").

The noble Lord said: This amendment, is probably helpful to the Government. In fact, it seeks to bring people who have been granted bail within the provisions of Section 28 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in relation to the taking of samples. I beg to move.

Lord Fraser of Carmyllie: I appreciate that, even at this very late hour, the noble Lord is seeking, as always, to be helpful to the Government in proposing improvements to the Bill. However, I am concerned that the effect of what the noble Lord proposes may be to extend widely the powers of Section 28. At present Section 28 applies only to those who are detained or who are in custody. The amendment would extend those powers to an accused who has been liberated, and, in any event, in practice I do not believe that the additional reference is needed. I hope with that briefest of explanations the noble Lord will appreciate that despite his attempt to be helpful, it is unnecessary.

Lord Macaulay of Bragar: Since my last gasp attempt to be helpful has been rejected, I beg leave to withdraw the amendment.

16 Jan 1995 : Column 525

Amendment, by leave, withdrawn.

Schedule 5, as amended, agreed to.

11.30 p.m.

Schedule 6 [Repeals]:

Lord Fraser of Carmyllie moved Amendment No. 182A:


Page 130, line 37, column 3, at beginning insert:
("Section 20(2).").

The noble and learned Lord said: I spoke to the amendment with Amendment No. 153F. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 183:


Page 130, line 37, column 3, at beginning insert:
("In section 26(3), the words "or justice".").

The noble and learned Lord said: I spoke to the amendment with Amendment No. 154. I beg to move.

On Question, amendment agreed to.

[Amendments Nos. 184 and 185 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 186:


Page 131, line 23, column 3, at end insert:
("In section 191(4), the words "placed on probation or" and "probation order or".").

The noble and learned Lord said: I spoke to the amendment with Amendment No. 166. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 187:


Page 131, leave out lines 49 and 50 and insert:
("In section 337A(1) the word "and" immediately following paragraph (a).").

The noble and learned Lord said: I spoke to the amendment in speaking to Amendment No. 41. I beg to move.

16 Jan 1995 : Column 526

On Question, amendment agreed to.

[Amendments Nos. l88 and 189 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 190:


Page 132, line 49, column 3, at beginning insert:
("In section 56(2), the word "and" immediately following paragraph (a).").

The noble and learned Lord said: I spoke to the amendment in speaking to Amendment No. 174. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 191:


Page 133, line 2, column 3, at beginning insert:
("In section 28(3), the words "or 384(1) (probation)".").

The noble and learned Lord said: I have already spoken to the amendment when speaking to Amendment No. 166. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 192;


Page 133, line 2, column 3, at beginning insert:
("In section 33(1), the words from the beginning to "and" where it first occurs.").

The noble and learned Lord said: In speaking to Amendment No. 18O I spoke also to Amendment No. 192. I beg to move.

On Question, amendment agreed to.

Lord Rodger of Earlsferry moved Amendment No. 192A:


Page 133, line 14, column 3, leave out from ("5,") to ("in") in line 16.

The noble and learned Lord said: I spoke to the amendment in connection with Amendment No. 146A. I beg to move.

On Question, amendment agreed to.

Schedule 6, as amended, agreed to.

Clause 99 agreed to.

House resumed: Bill reported with amendments.


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