HC Deb 26 July 1967 vol 751 cc796-7

Lords Amendment: No. 24, in page 17, line 23, at the end to insert new Clause "H"—

"H.—(1) Subject to the following provisions of this section the Costs in Criminal Cases Act 1952 shall apply to proceedings for dealing with an offender under section 6, 8 or 9 of the Criminal Justice Act 1948 (probation orders and orders for conditional discharge), and to proceedings under section 31(1) of this Act for dealing with an offender in respect of a suspended sentence, as if the offender had been tried in those proceedings for the offence for which the order was made or the sentence passed.

(2) The provisions of the said Act of 1952 other than section 6 (costs as between parties) shall apply with all necessary modifications to proceedings in which it is alleged that an offender required on conviction of an indictable offence to enter into a recognizance to keep the peace or be of good behaviour has failed to comply with a condition of that recognizance, as if that failure were an indictable offence committed in the same place as the offence of which he was convicted.

(3) Where any proceedings mentioned in either of the foregoing subsections take place before a court of assize or quarter sessions and the fund out of which the costs of those proceedings fall to be paid by virtue of that subsection is maintained by a local authority other than the authority for the local government area in which that court is held, those costs shall—

  1. (a) be paid in the first instance by the local authority for that area; and
  2. (b) be recoverable, together with such sum (if any) in respect of the expenses of holding that court as may be determined in accordance with regulations made by the Secretary of State under section 18(3) of the Criminal Justice Administration Act 1962 (contributions to certain costs), from the local authority maintaining that fund.

(4) Where proceedings under section 8 of the Criminal Justice Act 1948 for dealing with an offender subject to a probation order or an order for conditional discharge, or under section 31(1) of this Act for dealing with an offender in respect of a suspended sentence take place before the court of assize or quarter sessions before which the offender is convicted of an indictable offence committed during the operational period of the sentence, or by which he is sentenced for any such offence after being committed for sentence to that court, the costs of those proceedings shall be treated for the purposes of the Costs in Criminal Cases Act 1952 as part of the costs of the proceedings in which he was convicted or sentenced.

(5) Where any proceedings mentioned in subsection (1) of this section take place before a magistrates' court and relate to an order made or a sentence passed for an offence committed outside the local government area for which or for part of which that court acts, the offence shall be treated for the purposes of section 7(1) of the said Act of 1952 (local funds out of which costs are to be paid) as having been committed in that area.

(6) In this section 'local authority' means the council of a county or county borough or the Greater London Council, 'local government area' means a county, county borough or Greater London and 'operational period' has the same meaning as in Part II of this Act".

Read a Second time.

Mr. Taverne

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

Although at a later stage I will be asking the House to consider a slight Amendment to the new Clause, the purpose of the new Clause is to extend the application of the Costs in Criminal Cases Act 1952, to certain criminal proceedings which are at present outside the scope of the Act in order that a court may have power to make an Order for the payment of prosecution or defence costs, including witnesses' expenses, arising in those proceedings.

Mr. Deputy Speaker

I think it would be convenient if the hon. Member first moved his Amendment.

Mr. Taverne

I beg to move as an Amendment to the Lords Amendment, in line 32, to leave out from "proceedings" to "under" in line 34 and insert: for dealing with an offender under section 8 of the Criminal Justice Act 1948 (commission of further offences by probationers and persons conditionally discharged) or proceedings". This and the next Amendment are purely drafing Amendments and do not alter the substance in any way.

Question, That the words proposed to be left out stand part of the Lords Amendment, put and negatived.

Question, That those words be there inserted in the Lords Amendment, put and agreed to.

Mr. Taverne

I beg to move, in line 38, after "during", to insert the period of probation or conditional discharge or". Question, That those words be there inserted in the Lords Amendment, put and agreed to.

Question, That this House doth agree with the Lords in the said Amendment, as amended, put and agreed to.—[Special entry.]