HC Deb 26 July 1967 vol 751 c798

Lords Amendment: No. 25, in page 17, line 38, at end insert: () Sections 1 and 5 of the said Act of 1952 (costs awarded by assizes, quarter sessions or magistrates' courts out of local funds), section 8 of the Criminal Appeal Act 1966 (payment of expenses of witnesses in connection with criminal appeals out of local funds) and paragraph 8 of Schedule 1 to the said Act of 1966 (payment out of moneys provided by Parliament of expenses of witnesses in connection with appeals to the Courts-Martial Appeal Court) shall apply in relation to a registered medical practitioner making a written report to a court in pursuance of a request to which this subsection applies as they apply in relation to a person called to give evidence at the instance of the court, and in the case of a report made in pursuance of such a request made by a magistrates' court shall so apply notwithstanding that the proceedings for the purposes of which the report is made are not proceedings to which the said section 5 applies. () The last foregoing subsection applies to a request to a registered medical practitioner to make a written or oral report on the medical condition of an offender or defendant, being a request made by a court—

  1. (a) for the purpose of determining whether or not to make an order under section 4 of the Criminal Justice Act 1948 (probation orders requiring treatment for mental condition) or section 60 of the Mental Health Act 1959 (hospital orders and guardianship orders) or otherwise for the purpose of determining the most suitable method of dealing with an offender; or
  2. (b) in exercise of the powers conferred by section 26 of the Magistrates' Courts Act 1952 (remand of a defendant for medical examination and requirement of such an examination on committing a defendant for trial on bail).
() Sections 1 and 5 of the Costs in Criminal Cases Act 1952 shall apply to a person properly attending at the instance of the court to give evidence as they apply to a person called to give evidence at the instance of the court.

6.0 p.m.

Mr. Taverne

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

The main purpose of the Clause is to enable the courts to order the payment out of local funds of a fee to a medical practitioner who furnishes a written medical report on a defendant at the request of the court.

Question put and agreed to. [Special entry.]