§ The Solicitor-General for ScotlandI beg to move amendment No. 104, in page 66, line 35, leave out 'and 453D' and insert '453D and 453E'.
Mr. Deputy SpeakerWith this it will be convenient to take Government amendments Nos. 105, 108, 109, 112, 113 and 114.
§ The Solicitor-General for ScotlandWe have already given the High Court the power, in solemn appeals, to substitute a verdict of acquittal on the ground of insanity. In such a case the High Court would quash any sentence imposed and order that the appellant be detained in a State hospital. For some reason, that is not entirely clear to me this has not been available in summary cases. The amendment ensures that it now is.
§ Amendment agreed to.
§ Amendment made: No. 105, in page 66, line 44, leave out '453D' and insert '453E '.—[Lord James Douglas-Hamilton.]
§ The Solicitor-General for ScotlandI beg to move amendment No. 106, in page 68, leave out line 44 and insert—
'(2B) Where a party neither attends nor secures that he is represented'.
§ The Solicitor-General for ScotlandThese amendments ensure that hearings on adjustments in the stated case procedure can go ahead whether the appellant is present or not. That will prevent a delay in his appeal. I commend the amendments to the House.
§ Amendment agreed to.
§ Amendments made: No. 107, in page 68, leave out line 46 and insert 'shall nevertheless proceed'.
§ No. 108, in page 71, line 29, after 'may', insert
§ ', subject to section 453D (1) of this Act, '.
§ No. 109, in page 71, line 44, after 'shall' insert
§ ', subject to section 453D (1) of this Act, '.— [Lord James Douglas-Hamilton.]
10.45 pm§ The Solicitor-General for ScotlandI beg to move amendment No. 111, in page 75, line 6, leave out from 'lodged' to 'intimated' and insert—
'(a) in a case where the note of appeal has not yet been sent under subsection (4) (a) above to the Clerk of Justiciary, with the clerk of court;656(b) in any other case, with the Clerk of Justiciary,and'.The amendment enables a person to abandon an appeal before the matter has been lodged with the Clerk of Justiciary. It is introduced purely for convenience, and I commend it to the House.
§ Amendment agreed to.
§
Amendments made: No. 112, in page 75, line 14, after second 'may', insert
', subject to section 453D (1) of this Act, '.
§ No. 113, in page 75, line 51, at end insert—
§ ' Disposal of appeal where appellant insane
453D.—(1) In relation to any appeal under section 442 (1) (a) of this Act, the High Court shall, where it appears to it that the appellant committed the act charged against him but that he was insane when he did so, dispose of the appeal by—
- (a) setting aside the verdict of the inferior court and substituting therefor a verdict of acquittal on the ground of insanity; and
- (b) quashing any sentence imposed on the appellant as respects the complaint and ordering that he be detained in a state hospital or such other hospital as for special reasons the court may specify.
(2) The provisions of subsection (4) of section 174 of this Act shall apply to an order under subsection (1) (b) above as they apply to an order under that section.'.
§ No. 114, in page 76, line 1, leave out '453D' and insert '453E'.—[Lord James Douglas-Hamilton.]