HC Deb 25 October 1960 vol 627 c2219
The Attorney-General

I beg to move, in page 19, line 3, at the end to insert:

The Summary Jurisdiction Act, 1857 20 & 21 Vict c. 43. In section six, after the words "seem fit; and" there shall be inserted the words "except as provided by the Administration of Justice Act, 1960".

Section 6 of the Summary Jurisdiction Act, 1857, provides that the decision of the divisional court of the Queen's Bench Division on a case stated by magistrates is to be final. With the introduction of an appeal to the House of Lords under Clause 1 of the Bill, this will no longer be so and the Fourth Schedule accordingly proposes the repeal of the relevant words in Section 6 of the Act of 1857. Following the amendments proposed by the Third Schedule in Section 1 (6) of the Criminal Appeal Act, 1907, it seems more appropriate to provide that the decision of the divisional court should continue to be final except as provided by the present Bill, and this is the effect of the Amendment.

Amendment agreed to.

The Attorney-General

I beg to move, in page 19, line 24, column 2, at the beginning, to insert: In section six, in subsection (1), for the words from the beginning to 'subject thereto' there shall be substituted the words 'Except as provided by the Administration of Justice Act, 1960 ' This makes an amendment to Section 6 (1) of the Criminal Appeal (Northern Ireland) Act, 1930, corresponding to the amendment to the Criminal Appeal Act, 1907, made by the first entry in the Third Schedule.

Amendment agreed to