Previous Section Back to Table of Contents Lords Hansard Home Page


Lord Williams of Mostyn moved Amendment No. 299:


Page 103, line 31, at end insert--
(". In subsection (1) of section 65 of the 1980 Act (meaning of "family proceedings"), after paragraph (o) there shall be inserted the following paragraph--
"(p) sections 11 and 12 of the Crime and Disorder Act 1998;"").

The noble Lord said: I spoke to this amendment on 10th February. I beg to move.

On Question, amendment agreed to.

Lord Hardie moved Amendment No. 300:


Page 104, line 23, at end insert--
("Mental Health (Scotland) Act 1984 (c. 36)
30A.--(1) In subsection (8A) of section 74 of the Mental Health (Scotland) Act 1984 (effect of certain directions), for the words "the Crime and Punishment (Scotland) Act 1997" there shall be substituted the words "Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993".
(2) The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 January 1998.").

The noble and learned Lord said: In moving this amendment I shall speak to Amendments Nos. 307, 307B, Amendments Nos. 312 to 317, 335, 336A, 336B, 337, 338 and 338A. This group of 15 government amendments contains minor and consequential amendments in relation to Scotland. The amendments are to Schedules 7 and 9 and Clause 96. The amendments to Clause 96 and to Schedule 9 are consequential on amendments to Schedule 7.

Like the noble and learned Solicitor-General, I do not propose to go through each amendment individually, but if Members of the Committee have any questions about particular amendments I shall answer them. There is one matter that I wish to draw to the attention of the Committee, which concerns Amendment No. 307B. Section 18(2) of the Criminal Procedure (Scotland) Act 1995 was amended by Section 47 of the Crime and Punishment (Scotland) Act 1997. The effect of that amendment was to substitute a reference to "relevant physical data" for a reference to,


Unfortunately, the consequential amendment to Section 18(3) was not made. This amendment rectifies that. Section 47 of the 1997 Act came into effect on 1st August 1997, hence the reason for subsection (2) of this amendment. The retrospective effect of this provision is in favour of the person from whom the samples have been taken. I beg to move.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 301 to 306:


Page 105, line 40, leave out ("accused has been arraigned") and insert ("indictment has been preferred").
Page 106, line 12, at end insert--

3 Mar 1998 : Column 1183

("Legal Aid Act 1988 (c. 34)

.--(1) In subsection (4) of section 20 of the Legal Aid Act 1988 (competent authorities to grant representation under Part V), after paragraph (a) there shall be inserted the following paragraph--
"(aa) which sends a person for trial under section 42 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences),".
(2) After subsection (5) of that section there shall be inserted the following subsection--
"(5A) A magistrates' court which has a duty or a power to send a person for trial under section 42 of the Crime and Disorder Act 1998 is also competent, before discharging that duty or (as the case may be) deciding whether to exercise that power, as respects any proceedings before the Crown Court on the person's trial."
(3) In subsection (3)(a) of section 21 of that Act (availability of representation under Part V), after the word "committed" there shall be inserted the words "or sent".
(4) In subsection (4) of that section, after the word "commits" there shall be inserted the words "or sends".").
Page 106, line 16, leave out ("section 11") insert ("sections 11 and 12").
Page 107, line 20, leave out from ("orders),") to end of line 21 and insert ("for the words "the supervision of a probation officer" there shall be substituted the word "supervision"").
Page 107, line 22, leave out ("(3)(a)") and insert ("(3)").
Page 107, line 23, leave out from ("orders)") to end of line 24 and insert--
("(a) in paragraph (a), after the words "probation officer" there shall be inserted the words "or member of a youth offending team"; and
(b) after that paragraph there shall be inserted the following paragraph--
"(aa) in relation to an offender who is subject to a drug treatment and testing order, the probation officer responsible for his supervision;"").

The noble and learned Lord said: I have already spoken to Amendments Nos. 301 to 306, and I beg leave to move them en bloc.

On Question, amendments agreed to.

Lord Hardie moved Amendments Nos. 307 to 307B:


Page 111, line 35, leave out from beginning to ("(interpretation)") in line 36 and insert ("67.--(1) After subsection (1) of section 4 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (persons detained under the Mental Health (Scotland) Act 1984) there shall be inserted the following subsection--
"(1A) This Part of this Act shall apply to a person conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act as if, while so detained, he was serving the sentence of imprisonment imposed on him at the time at which that direction was made.".
(2) The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1 January 1998.
67A. After subsection (7) of section 27 of that Act").
Page 111, line 41, at end insert--
("67B. In Schedule 6 of that Act (transitional provisions), after paragraph 6B there shall be inserted the following paragraph--
"6C. Where a prisoner released on licence is treated by virtue of the provisions of this or any other enactment as a prisoner whose licence was granted under section 2(4) of this Act, the validity of his licence shall not be affected by the absence in the licence of such a condition as is specified in section 12(2) of this Act.".").
Page 112, line 25, at end insert--
("74A.--(1) For section 18(3) of the 1995 Act (prints and samples) there shall be substituted the following subsection--

3 Mar 1998 : Column 1184


"(3) Subject to subsection (4) below, all record of any relevant physical data taken from or provided by a person under subsection (2) above, all samples taken under subsection (6) below and all information derived from such samples shall be destroyed as soon as possible following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 246(3) of this Act.".
(2) The amendment made by sub-paragraph (1) above shall be deemed to have had effect from 1st August 1997.").

The noble and learned Lord said: I have already spoken to the amendments. I beg to move them en bloc.

On Question, amendments agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 308 to 311:


Page 113, line 19, leave out from ("evidence") to end of line 23 and insert ("have been served on the accused under regulations made under paragraph 1 of Schedule 2 to the Crime and Disorder Act 1998; and
(b) a copy of the notice under subsection (5) of section 42 of that Act has been served on him under that subsection."").
Page 114, line 2, at end insert ("under section 30 of the Crime and Disorder Act 1998"").
Page 114, line 4, at end insert (", and for the words "the words in parentheses" there shall be substituted the words "subsection (2A) above"").
Page 114, line 7, at end insert--
("(2) In subsection (5)(e) of that section, for the words "paragraph 3(2)(a)" there shall be substituted the words "sub-paragraphs (2)(a) and (2A) of paragraph 3".
(3) In subsection (8) of that section--
(a) in paragraph (a), the words "to revoke the order and deal with an offender for the offence in respect of which the order was made" shall cease to have effect;
(b) in paragraph (b), for the words "paragraph 3(2)(a)" there shall be substituted the words "sub-paragraphs (2)(a) and (2A) of paragraph 3".").

The noble and learned Lord said: I have already spoken to Amendments Nos. 308 to 311. With the leave of the Committee, I beg to move those amendments en bloc.

On Question, amendments agreed to.

Lord Hardie moved Amendments Nos. 312 to 317:


Page 116, line 37, leave out ("shall cease to have effect") and insert ("is hereby repealed").
Page 116, line 39, leave out ("shall cease to have effect") and insert ("are hereby repealed").
Page 116, line 48, leave out ("shall cease to have effect") and insert ("is hereby repealed").
Page 117, line 2, leave out ("shall cease to have effect") and insert ("are hereby repealed").
Page 117, leave out lines 3 to 16 and insert--
("( ) In the entry relating to the Prisoners and Criminal Proceedings (Scotland) Act 1993--
(a) the words relating to sections 1, 3(2), 5, 6(1), 7, 9, 12(3), 16, 17(1), 20, 24, and Schedule 1;
(b) in the words relating to section 14, the words "and in subsection (4), the words "short-term"";
(c) in the words relating to 27(1)--
(i) the words "the definitions of "short term prisoner" and "long-term prisoner" and";

3 Mar 1998 : Column 1185


(ii) in the words relating to the definition of "supervised release order" the words "and the words from "but" to the end";
(d) the words relating to section 27(2), (3), (5) and (6),
are hereby repealed.").
Page 117, line 18, leave out ("shall cease to have effect") and insert ("are hereby repealed").

The noble and learned Lord said: With the leave of the Committee, I beg to move the amendments en bloc.

On Question, amendments agreed to.

Schedule 7, as amended, agreed to.

Clause 95 agreed to.

Schedule 8 [Transitional provisions and savings]:


Next Section Back to Table of Contents Lords Hansard Home Page