HC Deb 29 January 1997 vol 289 cc440-3

Amendments made: No. 79, in page 60, line 40, at end insert— '( ) In section 60 (effect of hospital orders)—

  1. (a) in subsection (1)(a)—
    1. (i) after the word "officer" there shall be inserted the words ", an officer on the staff of the hospital specified in the order"; and
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    2. (ii) For the words "28" there shall be substituted the word "7";
  2. (b) in subsection (4), for the words "28" there shall be substituted the word "7".'.

No. 277, in page 61, line 1, leave out from beginning to 'notify' and insert 'they shall, if that unit was not so specified,'.

No. 126, in page 61, line 46, at end insert— '( ) In section 77 (transfers to England and Wales), after subsection (5) there shall be inserted the following subsection— (5A) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a hospital direction made by a court in Scotland, he shall be treated as if any sentence of imprisonment passed at the time at which the hospital direction was made had been imposed by a court in England and Wales.". ( ) In section 80 (transfers to Northern Ireland), after subsection (6), there shall be inserted the following subsection— (6A) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a hospital direction made by a court in Scotland, he shall be treated as if any sentence of imprisonment passed at the time at which the hospital direction was made had been imposed by a court in Northern Ireland.

No. 278, in page 62, line 33, after 'order' insert 'or a hospital direction'.

No. 279, in page 62, line 34, after '62(1A)' insert 'or 62A(1A)'.

No. 121, in page 66, leave out lines 26 and 27.

No. 236, in page 67, line 30, leave out 'the order' and insert 'an order or direction'.

No. 237, in page 67, line 50, leave out 'under' and insert 'by virtue of'.

No. 238, in page 68, leave out line 14 and insert— '(a) in subsection (2)—

  1. (i) the words from the beginning to "209(1) of the 1995 Act" shall cease to have effect; and
  2. (ii) after the words "prison in Scotland" there shall be inserted the words "under Schedule 1 to the Crime (Sentences) Act 1997 in an unrestricted transfer within the meaning of that Schedule"; and'.

No. 99, in page 70, leave out line 13 and insert— '(2) In section 44 (detention of children in summary proceedings)—

  1. (a) in subsection (4), the words ", subject to subsection (6) below.";
  2. (b) subsections (6) to (9); and
  3. (c) in subsection (10), the words "or (8)".
shall cease to have effect.

No. 80, in page 70, line 17, at end insert— '( ) in subsection (3), for the words "28" there shall be substituted the word "7";'.

No. 81, in page 70, line 19, after "time";' insert—

(5A) Subsections (1) and (4) of section 60 of the Mental Health (Scotland) Act 1984 shall apply to an interim hospital order as they apply to a hospital order.";'.

No. 82, in page 70, line 22, at end insert— '( ) In section 58 (hospital orders)—

  1. (a) in subsection (4), for the words "28" there shall be substituted the word "7"; and
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  2. (b) in subsection (9), for the words "28" there shall be substituted the word "7".'.

No. 83, in page 70, line 28, at end insert— '( ) In section 65 (prevention of delay), after subsection (3) there shall be inserted the following subsection— (3A) An application under subsection (3) shall not be made at any time when an appeal made with leave under section 74(1) of this Act has not been disposed of by the High Court.". ( ) In section 74(4) (disposal of appeals in connection with preliminary diets)—

  1. (a) the word "and" after paragraph (a) shall cease to have effect; and
  2. (b) after paragraph (b) there shall be inserted the following words "and;
  3. (c) may on cause shown extend the period mentioned in section 65(1) of this Act,".
( ) In section 81(6) (list of jurors where trial does not take place)—
  1. (a) the word ", signed" shall cease to have effect; and
  2. (b) for the words "85(1) and (2)" there shall be substituted the words "85(2)".
 ( ) In section 83 (transfer of sheriff court solemn proceedings)—
  1. (a) in subsection (1), for the words "transfer the case to a sheriff court" there shall be substituted the words adjourn the trial and transfer it to a sitting of a sheriff court, appointed as mentioned in section 66(1) of this Act.";
  2. (b) in subsection (2)—
    1. (i) before the word "make" there shall be inserted the words "adjourn the trial and"; and
    2. (ii) for the word "case" there shall be substituted the word "trial as mentioned in subsection (1) above"; and
  3. (c) after subsection (2), there shall be inserted the following subsection—
 (3) Where a warrant to cite any person to attend a sitting of the sheriff court has been issued by the sheriff clerk under section 66(1) of this Act and the trial has been adjourned and transferred by an order under subsection (2) above, the warrant shall have effect as if the trial diet had originally been fixed for the court, and the date of the sitting of that court, to which the trial is so transferred.".'.

No, 84, in page 70, line 45, after 'citation)' insert '—

  1. (a) in subsection (3)—
    1. (i) the words "signed by the prosecutor and" shall cease to have effect;
    2. (ii) in paragraph (a), after the word "accused," there shall be inserted the words "signed by the prosecutor and"; and
    3. (iii) in paragraph (b), after the word "sent" there shall be inserted the words "by or on behalf of the prosecutor"; and
  2. (b)',

No. 85, in page 70, line 48, leave out 'signed by the accused's solicitor and sent' and insert 'sent by the accused's solicitor'.

No. 119, in page 71, line 32, at end insert— '( ) In section 228(1) (probation orders), after the word "below" there shall be inserted the words "and without prejudice to section 245CC of this Act". ( ) In section 232 (failure to comply with requirements of probation order), after subsection (3) there shall be inserted the following subsection— (3A) Where the court intends to sentence an offender under subsection (2)(b) above, and the offender is by virtue of section 245CC of this Act subject to a restriction of liberty order, it shall, before sentencing the offender under that paragraph, revoke the restriction of liberty order.".

No. 86, in page 71, line 37, at end insert— '( ) In section 234A (non-harassment orders), subsection (5) shall cease to have effect.'.—[Lord James Douglas-Hamilton.]

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