HC Deb 13 December 1926 vol 200 cc2731-2

Lords Amendment:

In page 1, line 16, at the end, insert Provided that if, on an appeal by a person sentenced under this Act to penal servitude in respect. of two or more offences with which he was charged on separate indictments, it appears to the Court of Criminal Appeal that the Appellant, though not properly convicted on some indictment, has been properly convicted on some other indictment, the Court shall have the like powers as if the appellant had been convicted of the offences on different counts or parts of the same indictment; but where an appellant convicted of two or more offences, whether on one or more indictments, has been sentenced under this Act to penal servitude in respect of two or more offences and his conviction of any such offence is quashed by the Court of Criminal Appeal, the Court shall not affirm any sentence passed at the trial or pass any sentence in substitution therefore which is more severe than would have been warranted by law if the appellant had been acquitted at the trial of any charge in respect of which his conviction is quashed.

Mr. GREAVES-LORD

I beg to move, "That this House doth agree with the Lords in the said Amendment."

This is a mere matter of procedure, to enable the Court of Criminal Appeal to deal with a case in which there were two or more indictments.

Mr. T. WILLIAMS

May I ask your guidance, Mr. Speaker, as to whether there has not been some private arrangement whereby the consideration of the Lords Amendments to this Bill should have been deferred till some future day? May I ask if you are aware of this arrangement?

Mr. SPEAKER

I am not aware of it. These arrangements do not always come to my ears.

Mr. WILLIAMS

Are we able to object to any further proceedings on these Amendments?

Mr. SPEAKER

The hon. Member can object to further proceedings.

HON. MEMBERS

Object?

It being after Eleven of the Clock upon Monday evening, and objection being taken to further Proceeding, the Debate stood adjourned.

Debate to be resumed To-morrow.