HL Deb 25 March 1993 vol 544 cc447-9

31 Schedule 5, Page 38, line 23, at end insert:

'() In section 233(1) (note of appeal), the existing words from "within six weeks" to the end shall be paragraph (a) and after that paragraph there shall be added the word "; or" and the following paragraph— (b) as the case may be, within four weeks of the passing of the sentence in open court, the Lord Advocate may lodge such a note with the Clerk of Justiciary, who shall send a copy to the said judge and to the convicted person or that person's solicitor.".

() In section 234(1) (presentation of appeal in writing), after the word "appellant" there shall be inserted the words "other than the Lord Advocate".

() In section 236B(2) (extension of certain periods), for the words "233(1)" there shall he substituted the words "233(1) (a)".

() In section 236C (signing of documents), after the words "to appeal" there shall be inserted the words "or (except where the appellant is the Lord Advocate) any".

() In section 238 (admission of appellant to bail), for subsections (1) and (2) there shall be substituted the following subsections—

"(1) The High Court may, if it thinks fit, on the application of a convicted person, admit him to bail pending the determination of—

  1. (a) his appeal; or
  2. (b) any appeal by the Lord Advocate against the sentence passed on conviction.

(2) A person who is admitted to bail under subsection (1) above shall, unless the High Court otherwise directs, appear personally in court on the day or days fixed for the hearing of the appeal or of any application for leave to appeal; and in the event of his failing to do so the court may—

  1. (a) if he is the appellant—
    1. (i) decline to consider the appeal or application; and
    2. (ii) dismiss it summarily; or
  2. (b) whether or not he is the appellant—
    1. (i) consider and determine the appeal or application; or
    2. (ii) without prejudice to section 3 of the Bail etc. (Scotland) Act 1980 (breach of conditions), make such other order as the court thinks fit.".

() In section 239(1) (notice of date of hearing), for—

  1. (a) the words "appellant or applicant", in both places where they occur, there shall be substituted the words "convicted person"; and
  2. (b) the word "latter", there shall be substituted the words "appellant or applicant".

() In section 240 (presence of appellant at hearing), for the word "An", where it first occurs, there shall be substituted the words "A convicted".

() After section 242 there shall he inserted the following section—

"Special provision where appellant is Lord Advocate.

242A. Where the Lord Advocate is the appellant, sections 241 and 242 of this Act shall apply in respect of the convicted person, if in custody, as they apply to an appellant or applicant in custody.".

() In section 243 (provision as to warders attending court), for the words "the last foregoing section" there shall be substituted the words "section 242 of this Act".

() In section 252 (powers of High Court), after the words "228(1)" there shall be inserted the words "or 228A".

() In section 258 (sentence in absence), after the word "appellant" there shall be inserted the words "(or, where the Lord Advocate is the appellant, the convicted person)"

() In section 261 (notice of determination of appeal), after the word "applicant" there shall be inserted the words "(or, where the Lord Advocate is the appellant, to the convicted person)".

() In section 264 (disqualification, forfeiture, etc), in each of subsections (1) and (2)—

  1. (a) for the word "two" there shall be substituted the word "four"; and
  2. (b) after the words "228(1) (b)" there shall he inserted the words "or 228A".

() In section 265 (fines and caution), after subsection (4) there shall be inserted the following subsection—

"(4A) A convicted person who has been sentenced to the payment of a fine and has duly paid it shall, if an appeal against sentence by the Lord Advocate results in the sentence being quashed and no fine, or a lesser fine than that paid, being imposed, be entitled, subject to any order of the High Court, to the return of the sum paid or as the case may be to the return of the amount by which that sum exceeds the amount of the lesser fine.".

() In section 268 (reckoning of time spent in custody pending appeal)—

  1. (a) in subsection (1)—
    1. (i) for the words "an appellant" there shall be substituted the words "a convicted person";
    2. (ii) after the word "appeal" there shall be inserted the words ", or as the case may be of any appeal by the Lord Advocate against the sentence passed on conviction,"; and
    3. (iii) for the word "this", where it occurs qualifying the word "sentence", there shall be substituted the word "that";
  2. (b) for subsection (2) there shall be substituted the following subsection—

"(2) The time (including any period consequent on the recall of bail) during which a convicted person is in custody pending the determination of his appeal, or as the case may be of any appeal by the Lord Advocate against the sentence passed on conviction, shall subject to any direction which the High Court may give to the contrary he reckoned as part of any term of imprisonment under that sentence."; and (c) in subsection (3), after the word "appellant" there shall be inserted the words "(or, where the appellant is the Lord Advocate, of a convicted person)".

() In section 269 (extract convictions)—

  1. (a) for the word "two" there shall be substituted the word "four"; and
  2. (b) after the words "228(1) (b)" there shall be inserted the words "or 228A".

() In section 270 (custody of trial documents, etc.)—

  1. (a) in subsection (2)—
    1. (i) for the words from the beginning to "proceedings" there shall be substituted the words "Until any period allowed under or by virtue of this Part of this Act for lodging intimation of intention to appeal (or any longer period allowed by virtue thereof for lodging a note of appeal) has elapsed, all documents and other productions pro-duced at the trial of a convicted person shall be kept";
    2. (ii) after the words "228(1) (b)" there shall be inserted the words "or 228A"; and
    3. (iii) the words "of two weeks or any extension thereof authorised by the High Court" shall cease to have effect;
  2. (b) in subsection (3)—
    1. (i) after the words "228(1) (b)" there shall be inserted the words "or 228A"; and
    2. (ii) for the words "to his" there shall be substituted the words ", as the case may be, to the convicted person's"; and
  3. (c) in subsection (4)—
    1. (i) after the words "228(1) (b)" there shall be inserted the words "or 228A"; and
    2. (ii) for the words "such period of two weeks or extension thereof as aforesaid" there shall be substituted the words "the period mentioned in subsection (2) above".

() In section 273(1) (register of appeals), after the words "228(1) (b)" there shall be inserted the words "or 228A".'.

32 Page 40, line 19, at end insert:

'() In section 277(2) (list of provisions non-compliance with which may be waived), in the first column, under the entry relating to section 242, there shall be inserted the entry "242A".'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 31 and 32. I have already spoken to these amendments in moving Commons Amendment No. 7.

Moved, That the House do agree with the Commons in their Amendments Nos. 31 and 32.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.