HC Deb 15 May 1984 vol 60 cc287-8

Amendments made: No. 115, in page 35, line 35, leave out 'inter partes'.

No. 116, in page 35, line 40, at end insert— '(1A) A court may not hear an application for a warrant of further detention unless the person to whom the application relates has been brought before the court for the hearing.'.—[Mr. Hurd.]

1.30 am
Mr. Hurd

I beg to move amendment No. 122, in page 37, line 6, leave out `not exceed 96 hours from' and insert 'not—

  1. (a) be longer than 36 hours; or
  2. (b) end later than 96 hours after.'.

Mr. Deputy Speaker

With this it will be convenient to take the following: Amendment No. 123, in page 37, line 6, leave out 'exceed 96 hours from' and insert

  1. '(a) be longer than 12 hours; or
  2. (b) end later than 30 hours after'.
Government amendment No. 127.

Amendment No. 128, in clause 40, page 38, line 27, leave out 'not exceeding 96' and insert 'but which shall not

  1. (a) be longer than 12 hours, or
  2. (b) end later than 30'.

Mr. Hurd

Amendments No. 122 and 127 carry out the undertaking that we have already given which provides for a limit of 36 hours on the validity of any warrant of further detention granted by a magistrates' court, and thus makes sure that there would have to be two hearings of a magistrates' court before anyone could be detained for the absolute maximum of 96 hours.

The Opposition amendments run counter to the provisions agreed by the House after a long and important debate. I think that no hon. Member will be surprised if I say that I cannot advise my hon. Friends to accept them.

Mr. Kaufman

We ought not to let this group of amendments pass without noting that this is probably the most significant concession that the Opposition obtained during those 147 hours. The extra 60 hours on top of the 36 hours cannot be granted all in one go, but the police have to go to the magistrates' court twice. One hopes in those circumstances that the magistrates would grant the second extension only in rare cases. I cannot say that it gives us any great joy, but this is as much as we have got out of the Government on this issue, in the light of the serious misgiving that we have about the whole principle of detention for up to 96 hours. All the hours that we spent in Committee were justified by this concession, if nothing else. Therefore, I note it, and I trust that, in the other place, they will improve upon it.

Amendment agreed to.

Amendments made: No. 124, in page 37, line 25, leave out from beginning to 'shall' in line 28 and insert 'the person to whom the application relates'.

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