HC Deb 07 April 1971 vol 815 cc585-8

Amendments made: No. 54, page 66, line 44, leave out 'appointed for' and insert 'assigned to'.

No. 55, page 66, line 46, leave out from 'judge' to end of line 47 and insert 'so assigned'.—[The Attorney-General.]

Mr. Carlisle

I beg to move Amendment No. 56, in page 70, line 6, to leave out from '1915' to 'references' in line 7.

This is a drafting Amendment removing the reference to the rule committee in the Sex Disqualification (Removal) Act, 1919.

Amendment agreed to.

Further Amendments made: No. 57 in page 73, line 21, after 'Schedule, 1 insert: 'to the Administration of Justice (Pensions) Act 1950'.

No. 58, page 74, line 24, at end insert: (3) In section 201 of the said Act, in the definition beginning 'judge' for the words 'appointed for a district under this Act' substitute 'assigned to a district under section 20(1) of the Courts Act 1971'.—[The Attorney-General.]

Mr. Carlisle

I beg to move Amendment No. 78, in page 74, line 37, at end insert:

Obscene Publications Act 1959

37. In section 3(5) of the Obscene Publications Act 1959 (time of coming into force of forfeiture order) for the words from 'fourteen days' to 'order is made' substitute 'the period within which notice of appeal to the Crown Court may be given against the order'.

The Amendment is consequential upon the repeal by the Bill of Section 84 of the Magistrates' Courts Act, 1952, which provides that notice of appeal to quarter sessions must be given within 14 days of the decision of the magistrates. Under the Bill, the time limit for appeals will be a matter for the Crown Court Rules.

Amendment agreed to.

Amendment made: No. 59, in page 74, line 45, at end insert:

Caravan Sites and Control of Development Act 1960

38. In section 9(2) of the Caravan Sites and Control of Development Act 1960 (time of coming into force of order revoking a licence) for the words from 'on such date' to the words 'case stated or otherwise' substitute 'on such date as the court may specify in the order, being a date not earlier than the expiration of any period within which notice of appeal (whether by case stated or otherwise) may be given against the conviction'—[Mr. Carlisle.]

The Attorney-General

I beg to move Amendment No. 60, in page 75, line 34 after first 'chairman', insert 'a vice-chairman'.

Mr. Speaker

With this Amendment, we are discussing Amendments Nos. 61 and 62.

The Attorney-General

There was a Committee of Magistrates for the Inner London Area. The chairman was the chairman of quarter sessions. Quarter Sessions disappear by virtue of the Bill. The chairman will become the Chief Metropolitan Magistrate. The Committee consists of stipendiary magistrates, lay justices and members of the juvenile panel. The chairman is anxious to appoint a vice-chairman from among those stipendiaries already on the Committee, and a deputy chairman from among the lay members.

Amendment agreed to.

Further Amendments made: No. 61, in page 75, line 35 after 'and', insert '(a)'.

No. 62, in page 75, line 36 leave out 'and' and insert: (b) a metropolitan stipendiary magistrate chosen from among the members of the committee by the chief metropolitan stipendiary magistrate shall be vice-chairman, and (c).—[The Attorney-General.]

The Attorney-General

I beg to move Amendment No. 63, in page 76, line 29 at end insert:

Criminal Appeal Act 1966

In section 1(3) of the Criminal Appeal Act 1966 the words 'of the Queen's Bench Division' and paragraph (a) shall be omitted.

With it, it is probably convenient to discuss Amendment No. 75, which is consequential.

The purpose of the Amendment is to enable any judge of the High Court to sit in the Criminal Division of the Court of Appeal. At the moment, this is limited to judges of the Queen's Bench Division, who can sit with the Lords Justices of Appeal. However, among the judges of the Probate, Divorce and Admiralty Division there are many who have had great experience of criminal matters, both in practice and, before becoming judges, when sitting as recorders or chairmen of quarter sessions.

The proposal is that the Lord Chief Justice should be able to call upon these judges to join in sitting in the Criminal Division of the Court of Appeal. When out on circuit at present, these judges often try criminal cases, as well as the civil list, and they are well qualified to sit as puisne judges in the Criminal Division of the Court of Appeal.

Amendment agreed to.

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