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Lords Amendment: In page 86, line 25, column 2, at beginning insert:
In section twelve, in subsection (5) for the second and third paragraphs there should be substituted the following paragraphs—
'If the accused in answer to the question states that he wishes to give evidence or to call witnesses, or both to give evidence and to call witnesses, the justices shall proceed to take the evidence of the accused if he wishes to give evidence himself, and of any witnesses called by him who know anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.
Where the accused is represented by counsel or a solicitor, his counsel or solicitor shall be heard on his behalf, either before or after the said evidence is taken, at his discretion, and may, if the accused gives evidence himself and calls witnesses, be heard on his behalf with the leave of the justices both before and after the evidence is taken:
Provided that where counsel or a solicitor is so heard both before and after the evidence is taken, counsel or the solicitor
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for the prosecution shall be entitled to be heard in reply.'.
§ Mr. YoungerI beg to move, "That this House doth agree with the Lords in the said Amendment."
The Amendment makes the necessary amendment of Section 12 of the Criminal Justice Act, 1925, which deals with procedure before examining justices; to apply the principle of Clause 38 (2) relating to the order of speeches, with modifications necessary owing to the differences in procedure before examining justices from the procedure on summary trial.