Previous Section Back to Table of Contents Lords Hansard Home Page


Witness summons: securing attendance of witness

'.--(1) In section 4(1) of the Criminal Procedure (Attendance of Witnesses) Act 1965 (judge of High Court may issue warrant to arrest witness in respect of whom witness summons is in force) for the words "High Court" there shall be substituted "Crown Court".
(2) This section shall have effect in accordance with provision made by the Secretary of State by order.'

26 Jun 1996 : Column 977


72

Insert the following new clause--

Use of written statements and depositions at trial

'Schedule (Statements and depositions) to this Act (which relates to the use at the trial of written statements and depositions admitted in evidence in committal proceedings) shall have effect.'
73

Insert the following new clause--

Proof by written statement

'.--(1) In section 9 of the Criminal Justice Act 1967 (proof by written statement) in subsection (3)(a) (statement by person under 21 must give his age) for "twenty-one" there shall be substituted "eighteen".
(2) This section applies in relation to statements tendered in evidence on or after the appointed day.
(3) The reference in subsection (2) to the appointed day is to such day as is appointed for the purposes of this section by the Secretary of State by order.'
74

Clause 54, page 34, line 4, at end insert 'by order.'.

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 69 to 74.

Moved, That the House do agree with the Commons in their Amendments Nos. 69 to 74.--(Baroness Blatch.)

On Question, Motion agreed to.

COMMONS AMENDMENT

75

After Clause 56, insert the following new clause--

Amendments to the Criminal Procedure
(Scotland) Act 1995
'.--(1) The Criminal Procedure (Scotland) Act 1995 shall be amended as follows.
(2) In section 27 (breach of bail conditions: offences) the following subsection shall be inserted after subsection (4)--
"(4A) The fact that the subsequent offence was committed while the accused was on bail shall, unless challenged--
(a) in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or
(b) in summary proceedings, by preliminary objection before his plea is recorded,
be held as admitted.".
(3) In subsection (1) of section 65 (prevention of delay in trials), for the words from "shall be discharged forthwith" to the end of the subsection there shall be substituted--
"(a) shall be discharged forthwith from any indictment as respects the offence; and
(b) shall not at any time be proceeded against on indictment as respects the offence".
(4) In Schedule 9 (certificates as to proof of certain routine matters), in the entry relating to the Social Security Administration Act 1992, for "Section 114(4)" in column 1 there shall be substituted "Section 112(1)".'

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 75.

This new clause amends the Criminal Procedure (Scotland) Act 1995. It is designed to achieve three things: first, it applies existing evidential presumptions to the new arrangements for tackling offending while on bail, introduced in the Criminal Justice (Scotland) Act 1995 which received Royal Assent last year;

26 Jun 1996 : Column 978

secondly, it states that the time limits in Section 65 of the Criminal Procedure (Scotland) Act 1995 for the commencement of trials apply to proceedings on indictment only; and, thirdly, it corrects a textual error in the recent consolidation of Scottish criminal procedure legislation.

Moved, That the House do agree with the Commons in their Amendment No. 75.--(Baroness Blatch.)

On Question, Motion agreed to.

COMMONS AMENDMENT

76

After Clause 58, insert the following new clause--

Power of magistrates' courts

'In section 148(2) of the Magistrates' Courts Act 1980 (power of court to act where another may act) the reference to that Act includes a reference to this Act.'

Baroness Blatch: My Lords, I beg to move that the House do agree with Commons in their Amendment No. 76.

This new clause is designed to ensure that anything which a magistrates' court may do under the Bill may be done by any other magistrates' court acting for the same petty sessional area. This principle already operates for magistrates' courts proceedings under the Magistrates' Courts Act 1980.

It is needed because the bench of magistrates which is to try a case may not be the same as the bench which was originally constituted for the purposes of those proceedings. Unlike judges in the Crown Court, the great majority of magistrates can only sit part-time. If the proceedings are adjourned for any reason, the accused may well find himself up before a different bench when he returns.

Moved, That the House do agree with the Commons in their Amendment No. 76.--(Baroness Blatch.)

Lord McIntosh of Haringey: My Lords, I thought we said that when the Bill was before the House, and the Government did not agree with us. I am delighted to see the change of heart.

On Question, Motion agreed to.

COMMONS AMENDMENT

77

Clause 59, page 35, line 34, leave out 'power of the Secretary of State to make an order' and insert 'powers of the Secretary of State to make orders'.

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 77. I speak also to Amendments Nos. 78 to 81. All of these amendments are designed to tidy up the drafting of Clause 59.

Moved, That the House do agree with the Commons in their Amendment No. 77.--(Baroness Blatch.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

78

Clause 59, page 35, line 36, leave out 'The' and insert 'Any'.


79

Page 35, line 38, at end insert--


'(2A) Any order or regulations may include such supplementary, incidental, consequential or transitional provisions as appear to the Secretary of State to be necessary or expedient.'

26 Jun 1996 : Column 979


80

Page 35, line 39, leave out 'The power to make an order' and insert 'Any power to make an order or regulations'


81

Page 36, line 1, leave out from beginning to 'subject' in line 2 and insert 'A statutory instrument containing--


(a) an order under section (Application to armed forces), or
(b) regulations,
shall be'.

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 78 to 81.

Moved, That the House do agree with the Commons in their Amendments Nos. 78 to 81.--(Baroness Blatch.)

On Question, Motion agreed to.

COMMONS AMENDMENT

82

After Clause 59, insert the following new clause--

Application to armed forces

'.--(1) Subject to subsection (2) and to section 57(2) and (3), nothing in this Act applies to--
(a) proceedings before a court martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;
(b) proceedings before a Standing Civilian Court;
(c) any investigation conducted with a view to it being ascertained whether a person should be charged with an offence under any of those Acts or whether a person charged with such an offence is guilty of it.
(2) The Secretary of State may by order--
(a) make as regards any proceedings falling within subsection (3) provision which is equivalent to the provisions contained in or made under Part I, subject to such modifications as he thinks fit and specifies in the order;
(b) make as regards any investigation falling within subsection (4) provision which is equivalent to the provisions contained in or made under Part II, subject to such modifications as he thinks fit and specifies in the order.
(3) The proceedings falling within this subsection are--
(a) proceedings before a court martial constituted under the Army Act 1955;
(b) proceedings before a court martial constituted under the Air Force Act 1955;
(c) proceedings before a court martial constituted under the Naval Discipline Act 1957;
(d) proceedings before a Standing Civilian Court.
(4) An investigation falls within this subsection if it is conducted with a view to it being ascertained whether a person should be charged with an offence under any of the Acts mentioned in subsection (3) or whether a person charged with such an offence is guilty of it.
(5) An order under this section may make provision in such way as the Secretary of State thinks fit, and may in particular apply any of the provisions concerned subject to such modifications as he thinks fit and specifies in the order.
(6) Without prejudice to the generality of section 59(2A), an order under this section may include provision--
(a) repealing section 11 of the Criminal Justice Act 1967 (alibi) as it applies to proceedings before courts martial;
(b) amending or repealing any provision of section 12 of that Act or of section 57 above.'

26 Jun 1996 : Column 980

Baroness Blatch: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 82. It is a long-established principle that procedures in service courts should follow those in civilian courts as closely as possible. This new clause reflects that principle by giving the Secretary of State power to make an order for the purposes of proceedings before a court martial and standing civilian court and supporting investigations, containing provisions equivalent to those in Parts I and II of the Bill relating to disclosure and a code of practice. In doing so, the new clause makes it clear that subject to an order being made, nothing in the Bill applies to those proceedings or to supporting investigations.

Moved, That the House do agree with the Commons in their Amendment No. 82.--(Baroness Blatch.)

On Question, Motion agreed to.


Next Section Back to Table of Contents Lords Hansard Home Page