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Lord Fraser of Carmyllie moved Amendment No. 106:


Page 120, line 43, at end insert:
(" . For section 125 (on plea of not guilty, jury to be balloted and sworn) there shall be substituted the following section—

"On plea of not guilty, plea to be recorded and jury balloted.

125. Where the accused pleads not guilty, the clerk of court shall record that fact and proceed to ballot the jury.".").

The noble and learned Lord said: My Lords, this is a minor pre-consolidation amendment to remove an historical anomaly. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 107:


Page 120, line 44, after ("place),") insert ("(a) in subsection (1), for the words "date of such trial diet" there shall be substituted "last day of the sitting in which the trial diet was to be held";
(b)") .

The noble and learned Lord said: My Lords, in moving Amendment No. 107 I shall speak also to Amendment No. 108. These two pre-consolidation amendments will clarify Section 127 of the 1975 Act. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 108:


Page 120, line 49, at end insert ("; and

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(c) after subsection (4) there shall be inserted the following subsection—
"(5) The warrant issued under section 69 of this Act shall be sufficient warrant for the citation of the accused and witnesses to any further diet appointed under this section".").

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 109:


Page 121, line 6, at end insert:
(" . In section 134 (provision for death or illness of jurors)—
(a) for the words "any juror is, through illness or for any other reason, unfit" there shall be substituted "it is for any reason inappropriate for any juror"; and
(b) for the words "or on behalf of the Lord Advocate" there shall be substituted "the prosecutor".").

The noble and learned Lord said: My Lords, Amendment No. 109 extends the court's existing power to permit a trial to continue before a reduced jury where a member of that jury has died, fallen ill or is for any other reason considered unfit to serve. The court will exercise the power on an application made by or on behalf of the Lord Advocate or an accused under Section 134 of the 1975 Act.

As the noble and learned Lord, Lord McCluskey, explained to the House at Committee stage, at present the extent of that power is somewhat unclear. It may not extend to all possible circumstances in which it would be undesirable for a juror to continue serving. The aim of the amendment is to widen the court's discretion in deciding whether a juror should continue to serve. The second amendment extends to a private prosecutor the rights presently available to the Lord Advocate or an accused to apply to the court for the continuation of a trial under this section. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 110:


Page 121, line 8, after ("(1);") insert:
("( ) in subsection (1), for the words from "it", where it first occurs, to the end there shall be substituted "copies of the indictment shall be provided for each member of the jury without lists of witnesses or productions"; and").

The noble and learned Lord said: My Lords, again this is a minor pre-consolidation amendment to Section 135 of the 1975 Act. I beg to move.

On Question, amendment agreed to.

[Amendment No. 111 not moved.]

Lord Fraser of Carmyllie moved Amendments Nos. 112 to 115:


Page 121, line 27, at end insert:
(" . Section 144 (notice of spouse as witness) shall cease to have effect.
. Section 145(4) (interruption of trial) shall cease to have effect.
. Section 146 (sheriff's notes of evidence) shall cease to have effect.").
Page 121, line 35, at end insert:
(" . In section 153 (seclusion of jury, etc., after retiral)—
(a) subsection (1) shall cease to have effect; and
(b) in subsection (3) (b) (ii), the words from "(as" to the end shall cease to have effect.
. Sections 156(5) and 360A(2) (interruption of trial for verdict in earlier trial) shall cease to have effect.").

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Page 121, line 38, at end insert:
(" . Section 159(1) (previous convictions libelled as aggravations) and (3) (passing of sentence on second or subsequent conviction) and section 356(1) and (3) (equivalent provisions in relation to summary procedure) shall cease to have effect.
. Section 160(3) (verdict as to whether previous convictions proved) shall cease to have effect.").
Page 122, line 30, at end insert:
(" . Sections 190 and 391 (supplementary provisions as to probation: security for good behaviour) shall cease to have effect.").

The noble and learned Lord said: My Lords, in speaking to Amendment No. 101 I spoke also to Amendments Nos. 112, 113, 114 and 115. With the leave of the House, I shall move these amendments en bloc. I beg to move.

On Question, amendments agreed to.

[Amendment No. 116 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 117:


Page 123, line 36, at end insert:
(" . For subsection (1) of section 283 (application of Part II of that Act) there shall be substituted the following subsections—
"(1) This Part of this Act applies to summary proceedings in respect of any offence which might prior to the passing of this Act, or which may under the provisions of this or any Act, whether passed before or after this Act, be tried summarily.
(1A) Without prejudice to subsection (1) above, this Part of this Act also applies to procedure in all courts of summary jurisdiction in so far as they have jurisdiction in respect of—
(a) any offence or the recovery of a penalty under any enactment or rule of law which does not exclude summary procedure as well as, in accordance with section 196 of this Act, to the enforcement of a fine imposed in solemn proceedings; and
(b) any order ad factum praestandum, or other order of court or warrant competent to a court of summary jurisdiction.".").

The noble and learned Lord said: My Lords, this is a pre-consolidation amendment to Section 283 of the 1975 Act. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 118:


Page 123, line 38, at end insert:
(" . In section 312 (form of charge in complaint)—
(a) in paragraph (f), at the end there shall be inserted the words "provided also that nothing in the foregoing provisions of this paragraph or in any rule of law shall prohibit the amendment of a complaint to include a time outwith the exceptional latitude if it appears to the court that the amendment would not prejudice the accused;"; and
(b) in paragraph (j), for the words from "all" to the end there shall be substituted "cheques, banknotes, postal orders, money orders and foreign currency;".").

The noble and learned Lord said: My Lords, when speaking to Amendment No. 100, I also spoke to Amendment No. 118. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 119:


Page 128, line 15, at end insert:
(" . In section 20 of that Act (admissibility of certain evidence regarding speeding offences etc.), after subsection (8) there shall be inserted the following subsection—

6 Feb 1995 : Column 95


"(8A) As respects proceedings in Scotland, a copy of a document served on a person under subsection (8) above shall be served in such manner as may be prescribed by Act of Adjournal, and a written execution purporting to be signed by the person who served such copy document together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy.").

The noble and learned Lord said: My Lords, Section 28 of the Road Traffic Offenders Act 1988 deals with the admissibility of certain evidence in trials for speeding offences. An example may be a document which contains a measurement of the speed made by an electronic device for that purpose. Section 28 provides that such a document is admissible only if it is served in advance of the trial. However, no provision is made as to how the document is to be served. The amendment puts that right by specifying the manner of service and the way in which such service is to be proved. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 120:


Page 130, line 23, after ("or") insert ("Part II of").

The noble and learned Lord said: My Lords, in moving Amendment No. 120, I wish to speak also to Amendment No. 121. These are technical amendments to ensure that the provisions refer only to Part II and not the Bill as a whole. I beg to move.

On Question, amendment agreed to.


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