HC Deb 24 May 1916 vol 82 cc2177-8

During the continuance of the present War Section one hundred and fifty-three of the Army Act and Section seventeen of the Reserve Forces Act, 1882 (which relate to offences in connexion with deserters and absentees), shall have effect as though the following provision were inserted at the end of each of those Sections:—

"For the purposes of this Section a person shall be deemed to have knowledge unless he proves that he had not knowledge."

Lords Amendment:

After the word "knowledge" ["that he had not knowledge"], insert the words, ("and it is hereby declared that, in the application of any provisions of either of those Acts to men who are deemed to have been enlisted and transferred to the Reserve in pursuance of the principal Act or this Act, the expression 'court of summary jurisdiction' as respects Scotland includes any magistrate or magistrates, by whatever name called, officiating under the provisions of any general or local Police Act.")

Motion made, and Question proposed, "That this House doth agree with the Lords in the said Amendment."

The LORD ADVOCATE (Mr. Munro)

The purpose of this Amendment is to remove a doubt which has arisen in regard to the competency of the police magistrates in Scotland to deal with offenders under this Act and the preceding Act. At the present moment, though the practice of trying such cases in police courts has been quite general, doubt has been raised, and it is thought to be a more expeditious and economical way of removing this doubt that this Amendment should be put in, rather than an appeal should be taken and time employed in litigation.

Mr. KING

When we were in Committee on this Bill, the Secretary for Scotland had an Amendment which would have achieved this same object. He withdrew that Amendment, and we were led to understand that the change now pro- posed was quite unnecessary. If it was unnecessary then, why is it necessary now?

The SECRETARY for SCOTLAND (Mr. McKinnon Wood)

The point raised by my hon. Friend is capable of easy explanation. A question was raised in Committee whether the Clause which we had drafted was in order on the Bill. My hon. Friend raised one or two points on it. The wording of the Clause now meets the points raised by my hon. Friend, and makes it clear beyond doubt that the Clause is in order. The object of this Amendment and the other Amendment is the same, and the result is the same, but the form is different.