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Lords Amendment: No. 40, in page 41, line 12, at end insert—
In section 4(1) of the said Act for the words "for such period not extending beyond twelve months from the date of the order as may be specified therein" there shall be substituted the words "during the whole of the probation period or such part as may be specified in the order.
In Schedule 1 to the said Act, in paragraph 3, after the words "sections three and four of this Act" there shall be inserted the words "or of section 19 of the Criminal Justice Act 1972".
§ Mr. CarlisleI beg to move, That this House doth agree with the Lords in the said Amendment.
§ Mr. Deputy Speaker (Miss Harvie Anderson)It would be convenient to 743 take at the same time Lords Amendment No. 50: In page 44, line 45, column 3, at end insert—
In Schedule 1, in paragraph (b) of the proviso to paragraph 3, the words "or to submit to treatment for his mental condition".
§ Mr. CarlisleYes, Mr. Deputy Speaker. The effect of the Amendments is to repeal the 12-month limitation which now exists on a mental treatment requirement in a probation order.
As the House will know, a person can be put on probation for three years, but the limit on the period for which he can be required to undergo mental treatment is 12 months. There are cases in which one might want to make the period longer than 12 months. It was felt proper in another place, and the Government accepted it, that there should be wider power for the courts to do so if they thought it right.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.
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Lords Amendment: No. 44, in page 42, line 35, at end insert
(cc) in section 67(1), after the words 'probation order' there shall be inserted the words 'a community service order'".
§ Mr. CarlisleI beg to move, That this House doth agree with the Lords in the said Amendment.
This is a short point, but it is one of substance. Its purpose is to make the provisions with regard to a community service order correspond with those existing for a probation order in that, if as a result of the community service order a person is sent to prison he cannot claim against that sentence, as one might say, any period he may have spent in custody before the community service order was originally imposed. That is the situation that occurs on breach of probation and it is right that this condition should be similar in both cases.
§ Question put and agreed to.
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Lords Amendment: No. 45, in page 44, line 17, leave out from second "the" to end of line 18 and insert:
words from "decides to deal with the case" to the end of the subsection there shall be substituted the words "is of the opinion that the case is one which can properly be dealt with by means of—
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(a) an order discharging him absolutely or conditionally, or
(b) an order for the payment of a fine, or
(c) an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him,
with or without any other order that the court has power to make when absolutely or conditionally discharging an offender".
§ Mr. CarlisleI beg to move, That this House doth agree with the Lords in the said Amendment.
This Amendment extends in very minor respects the orders which an adult magistrates' court can make in respect of a juvenile without remitting him to a juvenile court to be dealt with. At the moment, an adult court can, without remitting, either discharge the juvenile absolutely or conditionally, bind him over or make an order on his guardian or parents to enter into a recognisance. The effect of the Amendment would be that they could also make any further order, which could be remitted, of conditional or absolute discharge.
§ Question put and agreed to.
§ Subsequent Lords Amendments agreed to.