HC Deb 26 July 1967 vol 751 cc907-8

Lords Amendment: No. 157, in page 62, line 17, after "offender" to insert: who, after the commencement of this section, is".

Miss Bacon

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

Perhaps it might be convenient to discuss with it Nos. 158, 160, 161, 163, 164, 165, and 201 to 215.

These Amendments are designed to facilitate the consolidation of enactments relating to criminal appeal.

Question put and agreed to.

Subsequent Lords Amendment agreed to.

Lords Amendment: No. 159, in page 62, line 35, to leave out from "Act" to the end of line 37.

Miss Bacon

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

The Amendment, which omits the closing words of Clause 81(3,d,iii), removes an inconsistency between that subparagraph and Clause 31(4).

Question put and agreed to.

Subsequent Lords Amendments agreed to.

Lords Amendment: No. 162, in page 63, line 32, at the end to insert: () The power of the Court of Appeal under the last foregoing subsection to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 31(1) of this Act in respect of a suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that suspended sentence, where the court below—

  1. (a) could have so dealt with him if it had not passed on him a sentence of borstal training quashed by the Court of Appeal under paragraph (a) of the last foregoing subsection; or
  2. (b) did so deal with him in accordance with paragraph (d) of the said subsection (1) by making no order in respect of the suspended sentence."

Miss Bacon

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

The Amendment adds a new subsection to Clause 81 to extend the powers of the Court of Appeal under subsection (3) of the Clause. The new powers are consequential upon the suspended sentence provisions in the Bill.

Question put and agreed to.

Subsequent Lords Amendments agreed to.