§ JURISDICTION OF THE DISTRICT COURT IN SCOTLAND
Lords amendment: No. 61, in page 53, line 23, leave out from "Act" to end of line 25 and insert—
(1A) Nothing in this section shall empower the district court in respect of any offence—
- (a) to impose—
- (i)a penalty of imprisonment which exceeds sixty days; or
- (ii)a fine which exceeds level 4 on the standard scale; or
- (b) subject to subsection (1B) below, to impose disqualification within the meaning of the 1972 Act.
§ (1B) Where a person is convicted in the district court of an offence referred to in subsection (1) above, being an offence involving obligatory endorsement,—
§ (a) the court shall order that particulars of the conviction shall be endorsed on any licence held by him in accordance with section 101 of the 1972 Act; and
§ (b) if the penalty points to be taken into account under section 19(3) of the Transport Act 1981 number twelve or more, the court shall order him Ito be disqualified under section 19(2) of that Act."7.15 pm
§ Mrs. Chalker
I wish to clear up one or two difficulties that may have worried the Opposition over the fixed penalty offence. It is desirable that all fixed penalties should be triable in the same court so that there can be a single, unified fixed penalty system and policemen and motorists do not have to follow one procedure for one offence and a different procedure for another. The clause provides that all fixed penalty offences are triable in the district court but, as amended by Lords amendments Nos. 61 and 62, does not give the court any greater powers of punishment than it would otherwise have. A technical defect in the clause is corrected. The amendment seeks to set up powers of endorsement and disqualification available for the district court: under the Bill. The second amendment is technical and changes the reference to the subsection, which is renumbered.
§ Lords amendment agreed945
§ Lords amendments Nos. 62 to 64 agreed to.7.15 pm