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Lord Rodger of Earlsferry: My Lords, I note what the noble Lord says. I cannot give him an undertaking in respect of that matter but perhaps I may remind him that the District Courts Association runs many training sessions, issues material and so forth. I should have thought that this matter was exactly the kind that the association would wish to take up.

On Question, amendment agreed to.

Clause 75 [Forfeiture of property subject to suspended forfeiture order]:

Lord Rodger of Earlsferry moved Amendment No. 94:


Page 65, line 24, leave out from ("recorded") to end of line 25 and insert ("in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland.").

The noble and learned Lord said: My Lords, Amendments Nos. 94 and 95 are technical. I beg to move.

On Question, amendment agreed to.

Clause 78 [Appeal against court decision under section 76(1) or 77(1)]:

Lord Rodger of Earlsferry moved Amendment No. 95:


Page 68, leave out lines 23 to 25 and insert ("cause a certified copy of the interlocutor of the Court to be recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland.").

On Question, amendment agreed to.

Schedule 4 [Amendments to Criminal Justice (Scotland) Act 1987 Relating to Part II]:

Lord Rodger of Earlsferry moved Amendment No. 96:


Page 108, line 7, leave out ("1(1)") and insert ("59(1)").

The noble and learned Lord said: My Lords, this is a technical amendment. However, before moving it I should indicate one matter in connection with the forfeiture and confiscation provisions. We have not

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addressed it at this stage but we hope to bring forward amendments on Third Reading. It relates to inhibition, which is at present covered by Chapter III of Part II of the Bill. At present that reflects the recommendation of the Scottish Law Commission to establish one system of inhibition for the prosecutor in the specific circumstances of confiscation or forfeiture; that would be a unique system. We do not consider that it would be appropriate to introduce a special system in the context of confiscation and forfeiture. We consider that the whole issue of inhibition ought to be referred to the Scottish Law Commission for detailed examination. In those circumstances, we would wish to revert to the arrangements which currently apply under the Criminal Justice (Scotland) Act 1987. That will require a series of amendments which I hope to bring forward at Third Reading.

I can assure your Lordships that, although the amendments will look extensive and complex, their purpose is straightforward and is, in effect, to bring the position back to that under the current legislation. I invite your Lordships to note that for the future. In the meantime, the matter before your Lordships is a technical one. I beg to move.

On Question, amendment agreed to.

Schedule 5 [Minor and Consequential Amendments]:

Lord Rodger of Earlsferry moved Amendment No. 97:


Page 119, line 25, leave out ("resignation") and insert ("demission of office").

The noble and learned Lord said: My Lords, in moving Amendment No. 97 I shall speak also to Amendments Nos. 98 and 99. These amendments refer to the provision in relation to the succession to the office of Lord Advocate. As I indicated in Committee, it is not a matter upon which I like to reflect too much. However, it is a technical matter and we propose to insert the word "demission" or similar words in order to cover all the various circumstances in which a Lord Advocate may pass from that office. I beg to move.

On Question, amendment agreed to.

Lord Rodger of Earlsferry moved Amendments Nos. 98 and 99:


Page 119, line 26, leave out ("tender resignations") and insert ("demit office").
Page 119, line 27, leave out ("resigning from") and insert ("demitting").

The noble and learned Lord said: My Lords, with the leave of the House I shall move Amendments Nos. 98 and 99 en bloc. I beg to move.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 100:


Page 119, line 34, at end insert:
(". In section 50 (latitude as to time and place), after subsection (3) there shall be inserted the following subsection—
"(4) Notwithstanding subsection (3) above, nothing in any rule of law shall prohibit the amendment of an indictment to include a time outwith the exceptional latitude if it appears to the court that the amendment would not prejudice the accused.".").

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The noble and learned Lord said: My Lords, these amendments were prompted by a pre-consolidation review of the legislation. They allow the Crown to amend the indictment or complaint in cases where exceptional latitude has been taken in the specification of the time and place of the offence, if the court is satisfied that the accused's interests will not be prejudiced.

On occasion information becomes available in the course of evidence being led which indicates that the offence was committed outside the period of exceptional latitude presently permitted. The Crown's inability to amend caused difficulties, for example, in child abuse cases. Such amendment will be competent only where the court is satisfied that it will not prejudice the accused's interests.

The second part of the amendment to Section 312 of the 1975 Act will substitute the more modern definition of "money" recommended by the Scottish Law Commission in its report on confiscation and forfeiture. I beg to move.

Lord Macaulay of Bragar: My Lords, I have some slight reservations in relation to the phraseology of Amendment No. 100. However, I shall not take issue with it at this time. I should like to look at it more closely and if there is a real issue on the question of fairness to the accused and to the state, that can be raised either at Third Reading or in another place.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 101:


Page 120, line 2, at end insert:
(" . In section 73(1) (execution of citation of indictment), the words from ", unless" to the end shall cease to have effect.").

The noble and learned Lord said: My Lords, in moving Amendment No. 101 I shall speak also to Amendments Nos. 112 to 115, 122 to 126, 128 and 129. Our review of criminal procedure legislation prior to the planned consolidation prompted a number of proposals for the repeal of provisions, mainly in the 1975 Act. None of those provisions is any longer necessary and this is an opportunity to clear the statute book of those spent provisions. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 102:


Page 120, line 9, at end insert:
(" . In section 79(1) (description of witnesses), for the words from ", with" to the end there shall be substituted "together with an address at which they can be contacted for the purposes of precognition.".").

The noble and learned Lord said: My Lords, Amendments Nos. 102 and 103 are related minor pre-consolidation amendments to Sections 79 and 81 of the 1975 Act. I beg to move.

On Question, amendment agreed to.

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Lord Fraser of Carmyllie moved Amendment No. 103:


Page 120, line 12, at end insert:
(" . In section 81 (examination by prosecutor of witnesses, etc., not included in lists lodged) after the word "address" there shall be inserted "as mentioned in section 79(1) above,".").

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendments Nos. 104 and 105:


Page 120, line 14, leave out ("(1) (a)") and insert ("(1)—
(i) in paragraph (a)").
Page 120, leave out lines 17 to 27 and insert:
("(ii) for paragraph (b) there shall be substituted—
"(b) the court, on cause shown, otherwise directs."; and
(b) in subsection (2), for the words from "written notice" to "the court" there shall be substituted—
"(a) written notice of the names and addresses of such witnesses and of such productions shall have been given—
(i) where the case is to be tried in the sheriff court, to the procurator fiscal of the district of the trial diet at or before the first diet; and
(ii) where the case is to be tried in the High Court, to the Crown Agent at least ten clear days before the day on which the jury is sworn; or
(b) the court, on cause shown, otherwise directs, in which case it".").

The noble and learned Lord said: My Lords, in speaking to Amendment No. 9, Amendments Nos. 104 and 105 were also spoken to. With the leave of the House, I shall move them en bloc. I beg to move.

On Question, amendments agreed to.


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