HC Deb 21 March 1962 vol 656 c442
The Attorney-General

I beg to move in page 8, line 10, after "conviction", to insert: or against an order made on the conviction". We thought that we had this Clause in a proper form in enabling an appeal against conviction to go to the convenient court to which a person had been committed for sentence. We thought that that was really all that was required, but since the Bill was drafted there has been a decision in the Divisional Court which has drawn attention to the position where a person has been committed to quarter sessions for sentence and where an appeal may lie not only against conviction at the magistrates' court, but also against any order made upon conviction, for example, disqualification against driving.

In the Divisional Court case the decision was to the effect that such an order was not part of the sentence, so that a magistrates' court could properly deal with an offender both by making such an order and by committing him to quarter sessions before sentence. Although it is not technically part of a sentence, such a matter is a sentence within the meaning of Section 83 of the Magistrates' Courts Act, 1952, which confers a right of appeal. Thus an offender may be convicted at the magistrates' court and disqualified from driving and sent to quarter sessions for sentence. He may appeal against his conviction and disqualification.

It is clearly convenient that the same court should be able to deal with both appeals. The Amendment will secure that this can be done in cases where an appeal is not to the ordinary court but to a convenient court of quarter sessions.

Amendment agreed to.