§
Amendments made: No. 68, in page 85, line 38, at end insert:
'11A. In section 15(1)(a) of that Act for sub-paragraph (ii) there shall be substituted the following sub-paragraph—
(ii) section 21(1) and 27(3) of the Domestic Proceedings and Magistrates' Courts Act 1978":.—[Dr. Summerskill.]
§
No. 69, in page 88, line 15, at end insert:
'28A. In section 14(3) of that Act for the words "and 10" there shall be substituted the words "10 and 14A(5) and (6)".
28B. In section 16(5) of that Act after the words "magistrates' court under" there shall be inserted the words "section 14A of this Act regarding access to a minor by a grandparent or under".'.—[Mr. John.]
§ Dr. SummerskillI beg to move Amendment No. 70, in page 90, line 14, at end insert:
39A. In section 4(6) of that Act for the words "£10" there shall be substituted the words "£50".'.This is a technical, consequential amendment. The Bill provides in Clauses 9 and 28 that where a person is liable to pay maintenance under a maintenance order he shall notify the court of any change in his address. The Bill raises the penalty for failure to comply with this requirement from a maximum under existing law of £10 to a new maximum of £50. There are a number of penalties 1068 for corresponding offences in guardianship and other legislation which have similarly been increased from £10 to £50.
§ Amendment agreed to.
§ Amendments made: No. 71, in page 90, line 31, leave out paragraph 42.
§ No. 72, in line 36, leave out 'that Act and insert the Children Act 1975'.—.[Mr. John.]
§
No. 73, in line 41, at end insert:
'44A. In section 46(3) of that Act—
§ 'The Domestic Violence and Matrimonial Proceedings Act 1976 (c. 50)
§
48A. In section 2 of the Domestic Violence and Matrimonial Proceedings Act 1976 at the end of subsection (4) there shall be inserted:
In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day,
Good Friday or any Sunday".'.
§ The amendment follows from the power of the court to attach a power of arrest for breach of an order, which we have put in a new clause. It allows the court to take account of Christmas Day, Good Friday or Sunday, but not Saturday or any Bank Holiday, in bringing the person before the court within 24 hours. This assimilates it to other criminal legislation. It also gives the accused a considerable advantage, because on those days his access to legal advice and, more particularly, the means of defending himself is so limited that a little extra time in custody is more than compensated by the fact that he is more likely to be prepared when brought before the court.
§ Miss RichardsonI seek clarification. Are we saying that if a man is arrested on a Saturday night he will be brought before the magistrate under the Domestic Proceedings and Magistrates' Courts Bill, or before a judge under the Domestic Violence and Matrimonial Proceedings Act, not before the Monday? Who is advantaged? My hon. Friend said that the accused was advantaged. I do not want the person who is being battered 1069 to be subjected to the possibility that the man might return.
§ Mr. JohnThe amendment deals with the circumstances in which the man is in custody and has to appear before the magistrate on remand. The person who is battered will be adequately protected. We are seeking to draw a balance. On certain days the courts are difficult to convene and it is difficult for the accused to be advised properly. On the other hand, there is the need to bring the
| '1961 c.39 | The Criminal Justice Act 1961. | In Schedule 4, the entry relating to section 54 of the Magistrates' Courts Act 1952.' |
§ No. 76, in page 92, line 5, column 3, at beginning insert ("Section 2(3A)").'.—[Mr. John.]