§ Lords amendment: No. 5, in page 5, line 19, leave out subsection (2).
§ Mr. RifkindI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. RifkindThe amendments seek to correct an omission from the Bill with regard to the position of a cautioner. He is not entitled to withdraw his caution where there has been a charge of breach of bail unless and until the charge is dropped or the accused is acquitted or convicted.
In the case of probation orders and orders granting an absolute discharge, when imposed in summary courts, they are imposed without formal conviction and where the accused is put on probation or given an absolute discharge in respect of an offence of breach of bail, any cautioner would, on a strict interpretation, never be able to recover the sum lodged. The purpose is to remove that anomaly and ensure that the bail money lodged can be recovered. The amendment has been approved in the other House, and on that basis I invite the House to approve it.
§ Question put and agreed to.
§ Lords amendments Nos. 6 to 9 agreed to.