HC Deb 14 December 1926 vol 200 cc2819-20

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.

Question proposed [13th December] That this House doth agree with the Lords in the said Amendment."—[Mr. Creams-Lord.]

Question again proposed.

Question put, and agreed to.

Lords Amendment: In page 1, line 20, leave out "or riotous."

Mr. GREAVES-LORD

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

This is really a drafting Amendment which together with the one which follows makes it quite clear that there shall be a definite exclusion from this Bill of all offences of a political nature.

Question put, and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment: in page 2, line 11, at the end, insert (b) a reference to the Court of Criminal Appeal shall be construed as a reference to the High Court of Justiciary in the exercise of its jurisdiction under the Criminal Appeal (Scotland) Act, 1926.

Mr. GREAVES-LORD

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

This Amendment has the effect of applying to Scotland the second Amendment to which we have already agreed.

Question put, and agreed to.