§ Question proposed, That the clause stand part of the Bill.
§ Mr. AndersonI have a brief point in respect of the summary offence. It is said that clause 2 provides that the aggravated offence is to be tried summarily if the only aggravating circumstance is damage, the total value of which is below a specified amount, which is the same as for the substantive offence of criminal damage. The point that I wish to put to the Minister, again for consideration later by the Home Office, is this. Magistrates courts have a problem with summary jurisdiction in respect of this matter. Although a jury may convict a defendant charged with theft under section 1 of the Theft Act 1968 of taking a vehicle without authority under section 12, a magistrates court cannot do so unless the defendant has been specifically charged in the alternative. It may well be that, in this or related legislation, the Government might deal with that point to give magistrates courts greater jurisdiction in this matter.
§ Mr. John PattenThat is an interesting point, which had not occurred to me. The hon. Gentleman speaks with some knowledge of the criminal law. Certainly, I should like to consider the point and take advice on it at a later stage. I doubt whether we could do anything about it during the passage of the Bill in this or another place. It may well be a sensible piece of tidying up in subsequent legislation and I am grateful to him.
§ Question put and agreed to.
§ Clause 2 ordered to stand part of the Bill.