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AMENDMENT TO COMMONS AMENDMENT NO. 83
83AAfter Clause 76, in subsection (5), leave out ("an officer of").

Lord Macaulay of Bragar: My Lords, I beg to move Amendment No. 83A as an amendment to Commons Amendment No. 83. In moving this amendment, I shall speak also to Amendment No. 83B. The reason for leaving out the words "an officer of" and linking the evidence to the department is that there is no control over the people who can give evidence. I should like to see the matter more restricted than it is at present. As it stands, it is rather vague. It refers to "an officer of the department". What is an officer of the department? Does that mean a civil servant, the office boy or a higher executive officer? By providing for the department to be able to make representations to the court, the department will then decide who should represent it at court; otherwise, anybody can walk into court and make representations. I beg to move.

Lord Fraser of Carmyllie: My Lords, the amendments to which the noble Lord has spoken would replace the reference to an officer of the department with a reference to the department. While I understand that he is concerned that an appropriate person should deal with these matters, I do not understand what practical difference the amendments make in legal or in practical terms.

A government department can act only through its officers. Where representations are to be made on behalf of the department, they can be presented only through an officer or a solicitor instructed by the department.

The anxiety which may have prompted the amendment is that there may be doubt as to whether the current reference in the provisions to an officer of the department means that the department cannot be represented in court by an advocate or solicitor. There is no doubt that an officer making representations could be so represented by a lawyer. Therefore, I hope that the noble Lord will agree that his anxieties, which I understand, are misplaced.

Lord Macaulay of Bragar: My Lords, I am grateful to the Minister for that reply, and I beg leave to withdraw the amendment.

Amendment No. 83A, as an amendment to Commons Amendment No. 83, by leave, withdrawn.

[Amendments Nos. 83B and 83C not moved.]

On Question, Motion agreed to.

5 Jul 1995 : Column 1183


COMMONS AMENDMENTS
84Clause 77, page 69, line 4, at end insert:
'( ) Where, in disposing of an appeal, the High Court makes an order the effect of which is to release from liability to forfeiture any heritable property in Scotland in respect of which a suspended forfeiture order was made, the prosecutor shall, as soon as may be after the appeal has been disposed of, cause a certified copy of the order 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.'.
85Clause 81, page 71, line 28, leave out 'recall' and insert 'make an order (a "recalling order") recalling'.
86Page 72, line 4, leave out from 'Where' to end of line and insert 'a recalling'.
87Page 72, line 6, leave out 'the recalling order has been made, cause' and insert:
'(a) the expiry of the period within which the prosecutor may appeal under section 83(1) (b) of this Act against the making of the order without such an appeal being lodged; or
(b) where such an appeal is lodged within that period, the determination of the appeal in favour of the recalling order,
cause'.
88Clause 83, page 74, line 13, at end insert 'to make'.
89Page 74, line 14, leave out from second 'the' to second 'of' in line 15 and insert:
'making of,
an order under section 81(1) or 82(2)'.
90Clause 94, page 82, line 6, leave out 'prosecutor, the court' and insert 'Lord Advocate, the Court of Session'.
91Page 82, line 12, leave out 'prosecutor' and insert 'Lord Advocate'.
92Page 82, line 21, leave out 'prosecutor shall apply to the court' and insert 'Lord Advocate shall apply to the Court of Session'.
93Page 82, leave out lines 29 to 33.
94Clause 102, page 88, line 27, leave out '(7)' and insert '(4)'.
95Clause 108, page 90, line 35, leave out subsection (8).
96Before Schedule 1, insert the following Schedule—

'SCHEDULE
Certificates as to Proof of Certain Matters

1. Schedule 1 to the Criminal Justice (Scotland) Act 1980 (which makes provision as regards the sufficiency of evidence by certificate in certain routine matters) shall be amended as follows.
2. Before the entry relating to the Wireless Telegraphy Act 1949 there shall be inserted—
"THE PARKS REGULATION ACTS 1872 to 1974 An officer authorised to do so by the Secretary of State. That, on a date specified in the certificate—(a) copies of regulations made under those Acts, prohibiting such activity as may be so specified, were displayed at a location so specified;(b) in so far as those regulations prohibited persons from carrying out a specified activity in the park without written permission, such permission had not been given to a person so specified.".
3. After the entry relating to the Wireless Telegraphy Act 1949 there shall be inserted—
"THE BUILDING (SCOTLAND) ACT 1959 (c. 24)Section 6(1) (prohibition of construction, demolition or change of use of building without warrant). An officer of a local authority authorised to do so by the authority. In relation to a building specified in the certificate, that on a date so specified, there had not been obtained a warrant under section 6 of

5 Jul 1995 : Column 1184

that Act for construction, demolition or, as the case may be, change of use. Section 9(5) (offence of occupying or using a building before certificate of completion issued). An officer of a local authority authorised to do so by the authority. That, on a date specified in the certificate—(a) a certificate of completion under section 9 of that Act had not been issued in respect of a building so specified; and(b) written permission for occupation or use of the building so specified, had not been granted under subsection (6) of that section by the local authority.".
4. In the entry relating to the Firearms Act 1968, for the words in column 2 there shall be substituted "As respects the matters specified in paragraph (a) of column 3, a constable or a person employed by a police authority, if the constable or person is authorised to do so by the chief constable of the police force maintained for the authority's area; and as respects the matters specified in paragraph (b) of column 3, an officer authorised to do so by the Secretary of State.".
5. After the entry relating to the Social Security Act 1975 there shall be inserted—
"THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1975 (c. 21)Section 338(2) (offence of failure of accused to appear at diet after due notice). The clerk of court. That, on a date specified in the certificate, he gave a person so specified, in a manner so specified, notice of the time and place appointed for a diet so specified.".
6. In the entry relating to the Bail etc. (Scotland) Act 1980, for the words in column 3 there shall be substituted—
"In relation to a person specified in the certificate, that—(a) an order granting bail under that Act was made on a date so specified by a court so specified;(b) the order or a condition of it so specified was in force on a date so specified;(c) notice of the time and place appointed for a diet so specified was given to him in a manner so specified;(d) as respects a diet so specified, he failed to appear.".
7. After the entry relating to the Forgery and Counterfeiting Act 1981 there shall be inserted—
"THE WILDLIFE AND COUNTRY-SIDE ACT 1981 (c. 69)Sections 1, 5, 6(1) to (3), 7, 8, 9(1), (2), (4) and (5), 11(1) and (2), 13(1) and (2) and 14 (certain offences relating to protection of wild animals or wild plants). An officer of the appropriate authority (within the meaning of section 16(9) of that Act) authorised to do so by the authority. In relation to a person specified in the certificate that, on a date so specified, he held, or as the case may be did not hold, a licence under section 16 of that Act and, where he held such a licence—(a) the purpose for which the licence was granted; and(b) the terms and conditions of the licence.".
8. After the entry relating to the Video Recordings Act 1984 there shall be inserted the following entries—
"THE ROAD TRAFFIC ACT 1988 (c.52)Section 165(3) (offence of failure to give name and address and to produce vehicle documents when required by constable). A constable. In relation to a person specified in the certificate, that he failed, by such date as may be so specified, to produce such documents as may be so specified at a police station so specified. THE CONTROL OF POLLUTION (AMENDMENT) ACT 1989 (c.14)Section 1 (offence of transporting controlled waste without registering). An officer of a regulation authority within the meaning of that Act authorised to do so by the authority. In relation

5 Jul 1995 : Column 1185

to a person specified in the certificate, that on a date so specified he was not a registered carrier of controlled waste within the meaning of that Act. THE ENVIRONMENTAL PROTECTION ACT 1990 (c.43)Section 33(1) (a) and (b) (prohibition on harmful depositing, treatment or disposal of waste). An officer of a waste regulation authority within the meaning of that Act authorised to do so by the authority. In relation to a person specified in the certificate that, on a date so specified, he held, or as the case may be he did not hold, a waste management licence. Section 34(1) (c) (duty of care as respects transfer of waste). An officer of a waste regulation authority within the meaning of that Act authorised to do so by the authority. In relation to a person specified in the certificate, that on a date so specified he was not an authorised person within the meaning of section 34(3) (b) or (d) of that Act.".
9. After the entry relating to the Social Security Administration Act 1992 there shall be inserted—
"THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 (c. 33)Paragraph 5 of Schedule 6 (offence of making false statements to obtain certification as prisoner custody officer). An officer authorised to do so by the Secretary of State. That—(a) on a date specified in the certificate, an application for a certificate under section 114 of that Act was received from a person so specified;(b) the application contained a statement so specified;(c) a person so specified made, on a date so specified, a statement in writing in terms so specified.".'.
97Schedule 3, page 101, line 18, leave out '87' and insert '89'.
98Page 102, line 17, leave out '87' and insert '89'.
99Page 103, line 20, leave out '87' and insert '89'.
100Page 103, line 38, leave out 'section 1 of the Drug Trafficking Offences Act 1986' and insert 'section 2 of the Drug Trafficking Act 1994'.
101Page 104, line 32, leave out '87' and insert '89 and 91 to 94'.
102Page 106, line 32, leave out 'a probation order or'.
103Page 106, leave out lines 39 to 41.
104Page 106, leave out lines 48 to 50.
105Page 107, line 28, leave out from 'him;' to end of line 30.
106Page 108, line 34, after '(6)' insert 'Without prejudice to section 2(1) of this Act,'.
107Page 108, line 36, leave out from 'the' to the end of line 48 and insert:
'accused, or
(b) the basis of the non-acceptance by the accused of any such allegation is challenged by the prosecutor,
the court shall consider the matters being challenged at a hearing.
(7) Where the judge presiding at a hearing held under subsection (6) above is not the trial judge he may, on the application of either party, if he considers that it would be in the interests of justice to do so, adjourn the hearing to a date when the trial judge is available.".'.
108Page 112, line 36, leave out '6A' and insert '2'.
109Page 113, line 53, at end insert:
'(c) after subsection (2) there shall be inserted the following subsection—
"(2A) Where a court, by virtue of subsection (1) above, orders the sum due under a confiscation order to be recovered by civil diligence under section 411 of the Criminal Procedure (Scotland) Act 1975, any arrestment executed by a prosecutor under subsection

5 Jul 1995 : Column 1186

(2) of section 11A of this Act shall be deemed to have been executed by the court as if that subsection authorised such execution.".'.
110Page 114, line 13, after 'person's' insert 'interest in his'.
111Page 116, line 40, leave out 'paragraph (b) and'.
112Page 116, line 41, at end insert:
'( ) in subsection (2), for the words "(1) (a)" there shall be substituted "(1)";'.
113Page 117, line 16, after 'effect;' insert:
'( ) for subsection (2) there shall be substituted the following subsection—
"(2) Subsections (2) (a) and (7) (a) of section 8 of this Act shall apply in relation to an interdict under subsection (1) above as they apply in relation to a restraint order; and subsections (1), (2), (4) and (5) of section 9 thereof shall apply in relation to subsection (1) above as they apply in relation to subsection (1) of the said section 9.".'.
114Page 118, line 9, at end insert:
'. In section 19 (effect of appointment under section 13 of that Act on diligence) for the words "section 11" there shall be substituted "sections 11 and 11A".'.
115Page 118, line 17, after '11' insert ', 11A'.
116Page 118, line 18, leave out from 'words' to first 'of' in line 19 and insert 'from ", so far as" to the end there shall be substituted "be exercised with a view to realising no more than the value'.
117Page 118, line 24, leave out from 'words' to the end of line 25 and insert 'from "and" to "11(6)" there shall be substituted "28, 28A and 28B".'.
118Page 119, line 7, leave out '(except subsection (8) thereof)'.
119Page 119, leave out line 36 and insert:
'(ii) for the word "11" there shall be substituted "9, 11, 11A".'.
120Page 119, line 47, leave out 'a gift caught by Part I of this Act' and insert 'an implicative gift'.
121Page 120, line 36, leave out 'section 8, 11 or 12 of the Drug Trafficking Offences Act 1986' and insert 'section 26, 29 or 30 of the Drug Trafficking Act 1994'.
122Page 120, line 53, leave out 'section 13 of the Drug Trafficking Offences Act 1986' and insert 'section 31 of the Drug Trafficking Act 1994'.
123Page 121, line 1, leave out 'prosecutor, the court' and insert 'Lord Advocate, the Court of Session'.
124Page 121, line 9, leave out 'prosecutor' and insert 'Lord Advocate'.
125Page 121, line 14, leave out 'section 8, 11 or 12 of the Drug Trafficking Offences Act 1986' and insert 'section 26, 29 or 30 of the Drug Trafficking Act 1994'.
126Page 121, line 20, leave out 'prosecutor shall apply to the court' and insert 'Lord Advocate shall apply to the Court of Session'.
127Page 121, line 27, leave out 'section 13 of the Drug Trafficking Offences Act 1986' and insert 'section 31 of the Drug Trafficking Act 1994'.
128Page 121, leave out lines 28 to 34.
129Page 121, line 41, leave out from first 'section' to ', for' in line 42 and insert '32 (Orders in Council as regards taking action in designated country)—
(a) in subsection (2)'.
130Page 121, line 43, at end insert '; and
(b) after subsection (2) there shall be inserted the following subsection—
"(3) An Order in Council under this section may amend or apply, with or without modifications, any enactment.".'.

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131Page 122, line 8, leave out 'and 28A' and insert ', 28A and 28B'.
132Page 122, line 26, leave out 'and 28A' and insert ', 28A and 28B'.
133Page 122, line 42, leave out 'and 28A' and insert ', 28A and 28B'.
134Page 123, line 24, leave out 'and 28A' and insert ', 28A and 28B'.
135Page 123, line 37 , at end insert:
'. In section 41(2) (disclosure of information held by government departments)—
(a) in paragraph (a), for the words "paragraph (a) thereof" there shall be substituted "subsection (3) of that section";
(b) in paragraph (b), for the words "paragraph (b) of subsection (1)" there shall be substituted "subsection (4)"; and
(c) the words from the end of paragraph (b) to the end of the subsection shall cease to have effect.
. In section 44(1) (offences relating to controlled drugs: fines), for the words "the proviso to subsection (1)" there shall be substituted "subsection (3) (a)".'.
136Schedule 5, page 124, line 11, at end insert:
'The Criminal Procedure (Scotland) Act 1887 (c. 35)

. Section 3 of and Schedules D (form of execution of citation of witnesses), E (form of execution of citation of jurors), N (form of notice of further diet) and O (form of notice of postponed second diet) to the Criminal Procedure (Scotland) Act 1887 shall cease to have effect.
The Criminal Justice (Scotland) Act 1949 (c. 94)

. Schedule 7 to the Criminal Justice (Scotland) Act 1949 (forms of notices to accused in proceedings on indictment) shall cease to have effect.
The Summary Jurisdiction (Scotland) Act 1954 (c. 48)

. Parts I and III to VI of Schedule 2 (forms of procedure) and Schedule 3 (table of fees) to the Summary Jurisdiction (Scotland) Act 1954 shall cease to have effect.
The Backing of Warrants (Republic of Ireland) Act 1965 (c.45)

. In section 8(1) (b) of the Backing of Warrants (Republic of Ireland) Act 1965 (rules of court), for the words "457(a)" there shall be substituted "457ZA".'.'.
137Page 124, line 25, at end insert:
'. Sections 14(3) and 323(3) (warrant to search for or remove any person accused of an offence in respect of a child) shall cease to have effect.
. After section 15 there shall be inserted the following section—
"Warrants for search and apprehension to be signed by judge.

15A. Any warrant for search or apprehension granted under this Part of this Act shall be signed by the judge granting it, and execution upon any such warrant may proceed either upon the warrant itself or upon an extract of the warrant issued and signed by the clerk of court.".
. In section 18(3) (penalty for breach of undertaking to appear), for the words "£200" there shall be substituted "level 3 on the standard scale".
. In section 19(1) (a) (intimation to a solicitor), for the words from "of" to the end there shall be substituted—
"(i) of the place where the person is being detained;
(ii) whether the person is to be liberated; and
(iii) if the person is not to be liberated, the date on which he is to be taken to court and the court to which he is to be taken;".'.
138Page 124, line 34, at end insert:

5 Jul 1995 : Column 1188


'. In each of sections 23 and 329 (remand and committal of persons under 21)—
(a) in paragraph (a) of subsection (1), for the words from "commit" to the end there shall be substituted ", instead of committing him to prison, commit him to the local authority in whose area the court is situated to be detained—
(i) where the court so requires, in secure accommodation within the meaning of the Social Work (Scotland) Act 1968; and
(ii) in any other case, in a suitable place of safety chosen by the authority;"; and
(b) in subsection (4), for the words from "and" in the second place where it occurs to the end there shall be substituted "to be detained—
(a) where the court so requires, in secure accommodation within the meaning of the Social Work (Scotland) Act 1968; and
(b) in any other case, in a suitable place of safety chosen by the authority.".'.
139Page 124, line 39, at end insert:
'. In section 31 (appeal in respect of bail), after subsection (4) there shall be inserted the following subsection—
"(4A) Where an applicant in an appeal under this section is under 21 years of age, section 23 of this Act shall apply to the High Court or, as the case may be, the Lord Commissioner of Justiciary when disposing of the appeal as it applies to a court when remanding or committing a person of the applicant's age for trial or sentence.".
. In section 33 (liberation of applicant when appeal by public prosecutor)—
(a) in subsection (1), the words from ", or where" to "ninety-six hours,"; and
(b) in subsection (2), the words "by telegraph",
shall cease to have effect.'.
140Page 125, line 23, at end insert:
'. After section 48 there shall be inserted the following sections—
"Common law and statutory offences in same indictment.

48A. It shall be competent to include in one indictment both common law and statutory charges.
Description of offence in words of statute or order.

48B. In an indictment the description of any offence in the words of the statute or order contravened, or in similar words, shall be sufficient.".'.
141Page 125, line 38, at end insert:
'. After section 60 there shall be inserted the following section—
"Proceedings under the Merchant Shipping Acts.

60A. In any proceedings under the Merchant Shipping Acts it shall not be necessary to produce the official register of the ship referred to in the proceedings in order to prove the nationality of the ship, but the nationality of the ship as stated in the indictment shall, in the absence of evidence to the contrary, be presumed.
. Sections 62 and 313 (mode of charging certain offences committed against two or more children under 17) shall cease to have effect.
. In section 68 (notice of previous convictions), in each of subsections (2) and (4), the words "of Form No. 1 of Schedule 7 to the Criminal Justice (Scotland) Act 1949 or in the form" shall cease to have effect.'.
142Page 125, line 40, after '(1);' insert:
'( ) in that subsection—
(i) after the words "accused persons" there shall be inserted ", witnesses or jurors";

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(ii) the words from "and" in the third place where it occurs to "Act" in the fourth place where it occurs shall cease to have effect; and
(iii) the words from "The executions" to the end shall cease to have effect;'.
143Page 125, line 48, at end insert:
. In section 72 (citation of jurors and witnesses)—
(a) the existing provision shall become subsection (1);
(b) in that subsection, after the word "shall" in the second place where it occurs there shall be inserted ", subject to subsection (2) below,"; and
(c) after that subsection there shall be inserted the following subsection—
"(2) A court shall not issue a warrant to apprehend a witness who fails to appear at a diet to which he has been duly cited unless the court is satisfied that the witness received the citation or that its contents came to his knowledge.".'.
144Page 126, line 47, at end insert:
'. In section 103(1) (pleas of guilty), after the word "he" where it first occurs there shall be inserted "shall do so in open court and".'.
145Page 127, line 2, at end insert:
'. Section 110 (where sentence delayed, original warrant of commitment stands) shall cease to have effect.
. After section 114 there shall be inserted the following section—
"Transfer of sheriff court solemn proceedings.

114A.—(1) Where an accused person has been cited to attend a sitting of the sheriff court the prosecutor may, at any time before the commencement of his trial, apply to the sheriff to transfer the case to a sheriff court in any other district in that sheriffdom.
(2) On an application under subsection (1) above the sheriff may—
(a) after giving the accused or his counsel or solicitor an opportunity to be heard; or
(b) on the joint application of the parties,
make an order for the transfer of the case.".
. In section 124 (plea of guilty at trial diet), the proviso shall cease to have effect.'.
146Page 127, line 15, after 'diet.";' insert:
'( ) in subsection (2), the words "Schedule N to the Criminal Procedure (Scotland) Act 1887 or in" shall cease to have effect;'.
147Page 127, leave out lines 21 to 23 and insert 'for the words from "which" to the end there shall be substituted "in such manner as shall be prescribed by Act of Adjournal, and the persons so chosen shall be the jury to try the accused, and their names shall be recorded in the minutes of the proceedings.".'.
148Page 127, leave out lines 24 and 25 and insert:
'26. Section 132(2) (procedure in High Court trials where jurors chosen for one trial may continue to serve) shall cease to have effect.'.
149Page 128, leave out lines 1 and 2 and insert:
'(4) Copies of a plea of special defence shall be provided for each member of the jury.".
. In section 140A(1) (b) (no case to answer), the words "were the offence charged the only offence so charged" shall cease to have effect.'.
150Page 128, line 10, at end insert:
'. In each of sections 148 and 340 (examination of witnesses)—
(a) the existing provision shall become subsection (1); and
(b) after that subsection there shall be inserted the following subsections—

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"(2) The judge may, on the motion of either party, on cause shown order that the examination of a witness for that party ("the first witness") shall be interrupted to permit the examination of another witness for that party.
(3) Where the judge makes an order under subsection (2) above he shall, after the examination of the other witness, permit the recall of the first witness.".'.
151Page 128, line 11, leave out paragraph 33 and insert:
'33. In section 150 (admissions and agreements as to evidence in solemn proceedings)—
(a) in subsection (1), the words ", where the accused is legally represented," shall cease to have effect; and
(b) in subsection (2), for paragraphs (a) and (b) there shall be substituted the following paragraphs—
"(a) in the case of an admission, by the party making the admission or, if that party is the accused and he is legally represented, his counsel or solicitor; and
(b) in the case of an agreement, by the prosecutor and by the accused or, if he is legally represented, his counsel or solicitor".'.
152Page 128, line 23, leave out paragraph 36 and insert:
'36. In section 156 (interruption of trial to give direction to jury in preceding trial)—
(a) in subsection (1) (b), the words from ", as" to the end; and
(b) subsections (4) and (5),
shall cease to have effect.'.
153Page 128, line 25, leave out paragraph 37 and insert:
'37. In section 157 (interruption of trial for plea or sentence in another cause)—
(a) in subsection (1), the words "through his counsel", "in which the panel has pleaded guilty under section 102 of this Act" and "(other than a trial for murder)"; and
(b) subsection (2),
shall cease to have effect.'.
154Page 128, line 34, at end insert:
'. Section 163 (extract conviction to be issued by clerk having record copy of indictment) shall cease to have effect.
. In each of sections 166 and 362 (power to clear court while child giving evidence), in subsection (1), for the words from "members" to the end there shall be substituted—
"(a) members or officers of the court;
(b) parties to the case before the court, their counsel or solicitors or persons otherwise directly concerned in the case;
(c) bona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings; or
(d) such other persons as the court may specially authorise to be present,
shall be excluded from the court during the taking of the evidence of that witness.".'.
155Page 129, line 10, at end insert:
'. After section 182 there shall be inserted the following—
Caution

182A. Where a person is convicted of an offence (other than an offence the sentence for which is fixed by law) the court may, instead of or in addition to imposing a fine or a period of imprisonment, ordain the accused to find caution for good behaviour for a period not exceeding 12 months and to such amount as the court considers appropriate.".'.
156Page 129, line 29, at end insert:

5 Jul 1995 : Column 1191


'. In each of sections 192 and 393 (probation reports), the words from "(other than" to "Act)" and the proviso shall cease to have effect.
. In each of sections 196(1) and 402 (fines, etc., may be enforced in another district), the proviso shall cease to have effect.
. Sections 225 (interlocutors to be signed by clerk), 226 (record copies to be inserted in books of adjournal of High Court) and 227 (indictment to be inserted in record book in sheriff court) shall cease to have effect.
. In section 235 (applications in connection with appeals may be made orally or in writing), the words from "but in regard" to the end shall cease to have effect.
. In section 236A(3) (judge's report), for the words "and the parties" there shall be substituted ", the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed".
. Section 236C (signing of appeal documents) shall cease to have effect.
. Section 237 (note of proceedings) shall cease to have effect.'.
157Page 129, line 32, at end insert:
'. In section 239 (clerk to give notice of date of hearing)—
(a) in subsection (1), the words from "and" in the second place where it occurs to the end; and
(b) subsection (2),
shall cease to have effect.
. In section 240 (appellant may be present at hearing), the words from "except" where it first occurs to the end shall cease to have effect.
. Section 246 (sittings of the High Court to be arranged by Lord Justice General) shall cease to have effect.'.
158Page 129, line 42, at end insert:
'. After section 254 there shall be inserted the following section—
"Convictions not to be quashed on certain grounds.

254A. No conviction, sentence, judgment, order of court or other proceeding whatsoever in or for the purposes of solemn proceedings under this Act—
(a) shall be quashed for want of form; or
(b) where the accused had legal assistance in his defence, shall be suspended or set aside in respect of any objections to—
(i) the relevancy of the indictment, or the want of specification therein; or
(ii) the competency or admission or rejection of evidence at the trial in the inferior court,
unless such objections were timeously stated.".'.
159Page 129, line 44, at end insert:
'. In section 257 (failure to appear at hearing), for the words from the beginning to "where" in the second place where it occurs there shall be substituted—
"Where—
(a) intimation of the diet appointed for the hearing of an appeal has been made to the appellant;
(b) no appearance is made by or on behalf of the appellant at the diet; and
(c)".
. Section 259 (continuation of hearing) shall cease to have effect.'.
160Page 130, line 7, after 'etc.)' insert:
'(a) in each of subsections (1) and (2), after the words "section 228(1) (b)" there shall be inserted ", (bb), (bc) or (bd)"; and
(b)'. .

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161Page 130, line 13, after '228(1) (b)' insert ', (bb), (bc) or (bd)'.
162Page 130, line 21, at end insert:
'. In section 265 (fines and caution)—
(a) in subsection (1), for the word "thereto" there shall be substituted "to the conviction or sentence"; and
(b) subsections (3) and (5) shall cease to have effect.'.
163Page 130, line 29, at end insert:
'. In section 269 (extract convictions), after the words "section 228(1) (b)" there shall be inserted ", (bb), (bc), or (bd)".'.
164Page 130, line 36, at end insert:
'. Sections 272 (note to be kept of appeal) and 273 (register of appeals) shall cease to have effect.'.
165Page 130, line 38, at end insert:
'. Section 276 (declaration administered to shorthand writer) shall cease to have effect.
. In section 277(2) (non-compliance with certain provisions may be waived), the words "section 236C", "section 237", "section 246", "section 259", "section 272" and "section 273" shall cease to have effect.
. Section 282 (power to make Acts of Adjournal: solemn procedure) shall cease to have effect.'.
166Page 131, line 2, at end insert:
'. Section 289D(1A) (d) (power to alter sums specified in section 435(e) of that Act) shall cease to have effect.
. In section 296 (police liberation or detention of children arrested), in subsections (1) and (2), the words "sitting summarily" in each place where they occur shall cease to have effect.
. In section 300 (appeal in respect of bail)—
(a) after subsection (3) there shall be inserted the following subsection—
"(3A) Where an applicant in an appeal under this section is under 21 years of age, section 329 of this Act shall apply to the High Court or, as the case may be, the Lord Commissioner of Justiciary when disposing of the appeal as it applies to a court when remanding or committing a person of the applicant's age for trial or sentence."; and
(b) in subsection (4)—
(i) the words from ", or where" to "96 hours" shall cease to have effect; and
(ii) for the word "periods" there shall be substituted "period".'.
. For section 305 (intimation to a solicitor) there shall be substituted the following section—
"Right of accused to have access to solicitor.

305.—(1) Where any person has been arrested on any criminal charge, such person shall be entitled immediately upon such arrest—
(a) to have intimation sent to a solicitor that his professional assistance is required by such a person and informing him—
(i) of the place where the person is being detained;
(ii) whether the person is to be liberated; and
(iii) if the person is not to be liberated, the date on which he is to be taken to court and the court to which he is to be taken;
(b) to be told what rights there are under paragraph (a) above and subsections (2) and (3) below.
(2) Such solicitor shall be entitled to have a private interview with the person accused before he is examined on declaration, and to be present at such examination.

5 Jul 1995 : Column 1193


(3) It shall be in the power of the sheriff or justice to delay such examination for a period not exceeding 48 hours from and after the time of such person's arrest, in order to allow time for the attendance of such solicitor.".
. In section 309(1) (forms of procedure in summary proceedings), the words "Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect.
. In section 310 (incidental applications)—
(a) the words "Part I of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect.; and
(b) after the word "open" there shall be inserted "shut and".'.
167Page 131, line 3, leave out paragraph 59 and insert:
'59. In section 311 (complaint)—
(a) in subsection (1), the words from "in" where it first occurs to the end shall cease to have effect; and
(b) subsections (4) and (5) shall cease to have effect.'.
168Page 131, line 14, after 'complaint)' insert:
'(a) in subsection (1) (d), the words "or interim order" shall cease to have effect; and
(b)'. .
169Page 131, line 18, at end insert:
'. In section 315(2) (citation), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect.'.
170Page 131, line 28, at end insert:
'. In section 318(2) (citation of offender), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 and the corresponding forms contained in" shall cease to have effect.'.
171Page 131, line 30, at end insert:
'. In section 320 (apprehension of witness), after the word "may" where it first occurs there shall be inserted ", if it is satisfied that he received the citation or that its contents came to his knowledge,".'.
172Page 131, line 31, at end insert:
'( ) in subsection (1), the words "Part IV of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect;
( ) in subsection (3), the words "either by way of trial or by way of remit to another court" shall cease to have effect;'.
173Page 131, line 45, at end insert:
'. Section 336 (record of plea of guilty) shall cease to have effect.'.
174Page 131, line 48, at end insert:
'. In section 339 (alibi), for the words "prior to the examination of the first witness for the prosecution" there shall be substituted "at any time before the first witness is sworn".
. In section 344(1) (punishment of witness for contempt), the words "or to produce documents in his possession when required by the court," shall cease to have effect.
. Section 345 (administration of oath to same witness in case at same diet) shall cease to have effect.'.
175Page 132, line 13, leave out '357(2) (proof of convictions)-' and insert '357 (proof of convictions)—
(a) in subsection (1) (a), the words "Form No. 2 or 3 of Part III of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or of" shall cease to have effect; and
(b) in subsection (2)-'.
176Page 132, line 16, at end insert '; and
(c) subsection (4) shall cease to have effect.'.
177Page 132, line 19, at end insert:

5 Jul 1995 : Column 1194


'. Section 360 (proceedings written or printed) shall cease to have effect.
. In section 360A (interruption of summary proceedings for verdict in earlier trial)—
(a) in subsection (1) (b), the words from "as" to the end of the paragraph; and
(b) subsection (2),
shall cease to have effect.
. In section 366 (procedure where sheriff sits summarily in respect of offence by child)—
(a) in subsection (1) (c), for the words "newspapers or news agencies" there shall be substituted "news gathering or reporting organisations present for the purpose of contemporaneous reports of the proceedings"; and
(b) subsection (2) shall cease to have effect.
. In section 375(3) (insanity in bar of trial), for the word "called" there shall be substituted "sworn".'.
178Page 132, line 41, at end insert:
'. In section 396(7) (time for payment of fine), the words ", subject to any rules under this Part of this Act" shall cease to have effect.
. In section 398(1) (restriction on imprisonment after fine or caution)—
(a) after the word "fine" in the second place where it occurs there shall be inserted "or, as the case may be, to find caution"; and
(b) after the word "paid" there shall be inserted "or, as the case may be, caution has not been found".
. In section 406 (substitution of custody for imprisonment where a child defaults on fine), the words "damages or expenses," shall cease to have effect.
. In section 408 (discharge from imprisonment to be specified), for the words "for payment of a fine or for finding of" there shall be substituted "in default of payment of a fine or on failure to find".
. In section 413(1) (detention of children in residential care)—
(a) after the word "authority" in the first place where it occurs there shall be inserted "for such period not exceeding one year as may be specified in the order"; and
(b) the words from "and shall" to the end shall cease to have effect.'.
179Page 132, line 42, leave out 'For subsection (4) of section 430 (consecutive sentences)' and insert 'In section 430 (consecutive sentences)—
(a) in subsection (1), the words "Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect; and
(b) for subsection (4)'.
180Page 133, line 2, at end insert:
'. Section 435 (expenses) shall cease to have effect.
. In section 440 (extract sufficient warrant for imprisonment), the words "Part V of Schedule 2 to the Summary Jurisdiction (Scotland) Act 1954 or in" shall cease to have effect.
. In section 441 (provision for court comprising more than one judge), the words from ", although" to "place," shall cease to have effect.'.
181Page 133, line 25, leave out 'and'.
182Page 133, line 29, at end insert '; and
(c) after subsection (5) there shall be inserted the following subsection—
"(6) The court shall not make an order under subsection (5) above to the effect that the sentence or, as the case may be, unexpired portion of the sentence shall run other than concurrently with the subsequently

5 Jul 1995 : Column 1195

imposed term of imprisonment without first notifying the appellant of its intention to do so and considering any representations made by him or on his behalf.".'.
183Page 134, line 8, at end insert:
'. In section 453B (appeals against sentence only), after subsection (4) there shall be inserted the following subsection—
"(4A) Subject to subsection (4) above, the report mentioned in subsection (3) (b) above shall be available only to the High Court, the parties and, on such conditions as may be prescribed by Act of Adjournal, such other persons or classes of persons as may be so prescribed.".'.
184Page 134, line 18, at end insert:
'. In section 454(1) (convictions not to be quashed on certain grounds), the words "at the trial by the solicitor of the accused" shall cease to have effect.
. Section 457 (power to make Acts of Adjournal: summary procedure) shall cease to have effect.
. Before section 457A there shall be inserted the following section—
"Acts of Adjournal.

457ZA.—(1) The High Court may by Act of Adjournal—
(a) regulate the practice and procedure in relation to criminal procedure; and
(b) make such rules and regulations as may be necessary or expedient to carry out the purposes and accomplish the objects of any enactment (including an enactment in this Act) in so far as it relates to criminal procedure,
provided that no rule, regulation or provision which affects the governor or any other officer of a prison shall be made by any such Act of Adjournal except with the consent of the Secretary of State.
(2) The High Court may by Act of Adjournal modify, amend or repeal any enactment (including an enactment in this Act) in so far as that enactment relates to matters with respect to which an Act of Adjournal may be made under subsection (1) above.'.
185Page 134, leave out line 19 and insert:
'84.—(1) Section 462 (interpretation) shall be amended as follows.
(2) In subsection (1)-'.
186Page 134, line 38, at end insert '; and
( ) in the definition of "prosecutor", the words "private prosecutor," in the second place where they occur shall cease to have effect.
(3) In subsection (6), for the words "Great Britain" there shall be substituted "the United Kingdom".
(4) Subsection (10) shall cease to have effect.
. In Schedule 5 (discharge and amendment of probation orders), in paragraph 4—
(a) after the word "practitioner" where it first occurs there shall be inserted "or chartered psychologist"; and
(b) after the word "practitioner" where it second occurs there shall be inserted "or psychologist".
The Sexual Offences (Scotland) Act 1976 (c. 67)

. In section 4 of the Sexual Offences (Scotland) Act 1976 (unlawful sexual intercourse with girl between 13 and 16)—
(a) in the proviso to subsection (1), the words "on indictment" shall cease to have effect; and
(b) after subsection (2) there shall be inserted the following subsection—
"(3) For the purposes of the proviso to subsection (1) above, a prosecution shall be deemed to commence on the date on which a warrant to apprehend or to cite the accused is granted, if such warrant is executed without undue delay.".'.

5 Jul 1995 : Column 1196


187Page 135, line 14, at end insert:
'The Mental Health (Scotland) Act 1984 (c. 36)

. The Mental Health (Scotland) Act 1984 shall be amended as follows.
. In section 67(1) (application of sections 63 to 66 to certain persons treated as restricted patients)—
(a) paragraph (a) (ii) and the preceding "or"; and
(b) the words from "or the order" to the end,
shall cease to have effect.
. In section 69(3) (persons ordered to be kept in custody during Her Majesty's pleasure), for the words from "an order" to the end there shall be substituted "a hospital order together with a restriction order".
. In section 71(7) (a) (removal to hospital of persons serving sentences of imprisonment etc.), for the words "or 255" there shall be substituted ", 174ZC, 254, 375, 375ZC or 453D".
. In section 73(1) (transfer order to cease to have effect where proceedings dropped or case disposed of)—
(a) after the word "section" in the third place where it occurs there shall be inserted "174ZC"; and
(b) after "178," there shall be inserted "375ZC,".
. In section 125(4) interpretation)—
(a) after "174," there shall be inserted "174ZC,"; and
(b) after "375," there shall be inserted "375ZC".'.
188Page 136, line 30, at end insert:
'The Criminal Justice Act 1991 (c. 53)

. In Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), in paragraph 6(5) (a) (i), for the words "evidence on oath" there shall be substituted "information".'.
189Page 136, line 33, at end insert:
'( ) In section 11(3) (b) (duration of licence), for the words from "the" in the second place where it occurs to the end there shall be substituted—
"there has elapsed—
(i) a period (reckoned from the date on which he was ordered to be returned to prison under or by virtue of subsection (2) (a) of that section) equal in length to the period between the date on which the new offence was committed and the date on which he would (but for his release) have served the original sentence in full; or
(ii) subject to subsection (4) below, a total period equal in length to the period for which he was so ordered to be returned to prison together with, so far as not concurrent with that period, any term of imprisonment to which he was sentenced in respect of the new offence,
whichever results in the later date.
(4) In subsection (3) (b) above, "the original sentence" and "the new offence" have the same meanings as in section 16 of this Act.".
( ) For section 16(7) (application of early release provisions where further offence committed by released prisoner) there shall be substituted the following subsection—
"(7) Where an order under subsection (2) or (4) above is made in respect of a person released on licence—
(a) the making of the order shall have the effect of revoking the licence; and
(b) if the sentence comprising—
(i) the period for which the person is ordered to be returned to prison; and
(ii) so far as not concurrent with that period, any term of imprisonment to which he is sentenced in respect of the new offence,

5 Jul 1995 : Column 1197


is six months or more but less than four years, section 1(1) of this Act shall apply in respect of that sentence as if for the word "unconditionally" there were substituted the words "on licence".".'.
190Page 137, line 2, at end insert:
'(6) In Schedule 3 (documentary evidence in criminal proceedings), in paragraph 6(4), for the words "after the close of that party's evidence and" there shall be substituted "at any time".'.
191Page 138, line 3, leave out from 'by' to 'or' in line 5 and insert 'section 2(9) of the Drug Trafficking Act 1994" there shall be substituted the words "by section 2(9) of the Drug Trafficking Act 1994.".'.
192Page 138, line 8, leave out from 'by' to 'or' in line 9 and insert 'section 2(9) of the said Act of 1994" there shall be substituted the words "by section 2(9) of the Drug Trafficking Act 1994'.'.
193Page 138, leave out lines 11 to 28.
194Page 138, line 31, leave out from 'property)' to 'Chapter' in line 33 and insert 'after the word "property)" there shall be inserted the words "or'.
195Page 139, line 41, leave out 'section' and insert 'subsection'.
196Page 139, line 43, leave out 'section' and insert 'subsection'.
197Page 139, line 45, leave out from '(a)' to 'which' in line 46 and insert 'to an offence under the Road Traffic Act 1988'.
198Page 139, line 48, leave out 'this section' and insert 'subsection (1) above'.
199Page 139, line 52, at end insert:
'( ) Where—
(a) the court is satisfied, on an application under this subsection by the prosecutor—
(i) that proceedings have been, or are likely to be, instituted against a person in Scotland for an offence to which subsection (1) above applies allegedly committed in the manner specified in paragraph (a), (b) or (c) of that subsection; and
(ii) that there is reasonable cause to believe that a vehicle specified in the application is to be found in a place or in premises so specified; and
(b) it appears to the court that there are reasonable grounds for thinking that in the event of the person being convicted of the offence an order under subsection (1) above might be made in relation to the vehicle,
the court may grant a warrant authorising a person named therein to enter and search the place or premises and seize the vehicle.'.
200Page 140, line 1, leave out 'this section' and insert 'subsection (1) above'.
201Page 140, line 3, leave out 'information' and insert 'evidence'.
202Page 140, line 15, at end insert:
'( ) This section extends to Scotland only.'.
203Page 140, line 42, at end insert:
'(4) In paragraph 19 (enforcement in Scotland of orders made elsewhere in the British Isles)—
(a) in sub-paragraph (5), for the words "and 16" there shall be substituted ", 16 and (subject to sub-paragraph (5A) below) 16A"; and
(b) after sub-paragraph (5) there shall be inserted the following sub-paragraph—
"(5A) In its application by virtue of sub-paragraph (5) above paragraph 16A above shall have effect with the following modifications—

5 Jul 1995 : Column 1198


(a) for the references to the prosecutor there shall be substituted references to the Lord Advocate; and
(b) for the references to the court there shall be substituted references to the Court of Session.".'.
204Page 140, line 49, at end insert:
'( ) In section 15(3) of that Act (interest on sums unpaid under confiscation orders), for the words "applicable to an award of damages in" there shall be substituted "payable under a decree of".'.
205Page 141, line 10, at end insert:
'The Drug Trafficking Act 1994 (c. 37)

.—(1) The Drug Trafficking Act 1994 shall be amended as follows.
(2) In section 4(7) (assessing the proceeds of drug trafficking), after paragraph (b) there shall be inserted—
"; or
(c) Part II of the Criminal Justice (Scotland) Act 1995.".
(3) In section 6(3) (meaning of realisable property), after paragraph (d) there shall be inserted the following paragraph—
"(e) Chapter II of Part II of the Criminal Justice (Scotland) Act 1995 (suspended forfeiture orders);".
(4) In section 18(2) (b) (ii) (compensation), for the words from "11" to "28" there shall be substituted "27, 28, 28A or 28B".
(5) In section 26(10) (restraint orders), after the words "1987" there shall be inserted "or Part II of the Criminal Justice (Scotland) Act 1995".'.
206Schedule 6, page 141, line 15, at end insert:
'1887 c. 35. The Criminal Procedure (Scotland) Act 1887. Section 3.Schedule D.Schedule E.Schedule N.Schedule O. 1949 c. 94. The Criminal Justice (Scotland) Act 1949. Schedule 7. 1954 c. 48. The Summary Jurisdiction (Scotland) Act 1954. In Schedule 2, Parts I and III to VI.Schedule 3.'. .
207Page 141, line 19, column 3, at beginning insert:
'Section 14(3).'. .
208Page 141, line 24, column 3, at end insert:
'In section 33, in subsection (1), the words from "or where" to "application,"; and in subsection (2), the words "by telegraph".Section 62.In section 68, in each of subsections (2) and (4), the words "of Form No.1 of Schedule 7 to the Criminal Justice (Scotland) Act 1949 or in the form".In section 69, the words from "and" in the third place where it occurs to "Act" in the fourth place where it occurs, and the words from "The executions" to the end.'. .
209Page 141, line 26, column 3, at end insert:
'Section 110.In section 124, the proviso.In section 127(2), the words "Schedule N to the Criminal Procedure (Scotland) Act 1887 or in".'. .
210Page 141, column 3, leave out lines 27 to 29.
211Page 141, line 30, column 3, at end insert:
'Section 132(2).In section 140A(1) (b), the words "were the offence charged the only offence so charged".'. .
212Page 141, column 3, leave out lines 42 to 45 and insert:
'In section 156, in subsection (1) (b), the words from ", as" to the end; and subsections (4) and (5).In section 157, in subsection (1), the words "through his counsel", "in which the panel has pleaded guilty under section 102 of this Act" and "(other than a trial for murder)"; and subsection (2).'. .

5 Jul 1995 : Column 1199


213Page 141, line 47, column 3, at end insert:
'Section 163.'. .
214Page 142, line 20, column 3, at end insert:


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