HL Deb 10 July 1930 vol 78 cc397-400

Order of the Day for the House to be put into Committee read.

Moved, That the House do now resolve itself into Committee.—(The Lord Chancellor.)

On Question, Motion agreed to.

House in Committee accordingly:

[The EARL OF DONOUGHMORE in the Chair.]

Clauses 1 to 12 agreed to.

Clause 13 [Position of appellant pending determination of appeal]:

THE LORD CHANCELLOR (LORD SANKEY)

Your Lordships will recollect that we gave an undertaking that when the Committee stage came we would consider any suggestions made by the Government of Northern Ireland. Most, of the Amendments on the Paper are merely drafting. With regard to Clause 13 in a number of sentences these words appear: "the appellant who is in custody." The Parliament of Northern Ireland desires that the word "detained" should be put in so that the sentence should read "who is detained in custody." There is no possible objection to this, and I beg to move the drafting Amendments to Clause 13.

Amendments moved— Page 10, line 11, after ("not") insert ("detained") Page 10, line 14, after ("if") insert ("detained") Page 10, line 24, after ("is") insert ("detained") Page 10, line 25, after ("not") insert ("detained") Page 10, line 29, after ("when") insert ("detained").—(The Lord Chancellor.)

THE LORD CHAIRMAN

As the Lord Chancellor has said that these are drafting Amendments, perhaps your Lordships will take them together.

On Question, Amendments agreed to.

Clause 13, as amended, agreed to,

Clause 14:

Duties of registrar with respect to notices of appeal, &c.

14.—(1) The Registrar shall take all necessary steps for obtaining a hearing under this Act of any appeals or applications to the Court, notice of which is given to him under this Act, and shall obtain and lay before the Court in proper form all documents, exhibits, and other things relating to the proceedings in the Court before which the appellant was tried which appear necessary for the proper determination of the appeal or application for leave to appeal.

THE LORD CHANCELLOR moved, in subsection (1), to leave out the last four words "for leave to appeal." The noble and learned Lord said: There is a small drafting Amendment in subsection (1) of this clause. The words "for leave to appeal" do not appear in either the English Act or the Scottish Act. They are not necessary and they might lead to confusion. I beg to move, therefore, that they be omitted.

Amendment moved— Page 11, line 9, leave out ("for leave to appeal").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 14, as amended, agreed to.

Clauses 15 and 16 agreed to.

Clause 17 [Prerogative of mercy]:

THE LORD CHANCELLOR moved to add to the clause— (2) Notwithstanding anything contained in Section nineteen of this Act, the powers conferred on the Minister by this section may, at any time after the thirty-first day of March, nineteen hundred and thirty-one, be exercised in the case of a person sentenced on or before that date in like manner as if he had been sentenced after that date.

The noble and learned Lord said: This the only Amendment which is not in the nature of drafting. By Clause 17 the Minister is enabled to refer a matter to the Court of Criminal Appeal. When the Scottish Act was introduced a similar subsection was put in. By an amendment to the Scottish Act in the year 1927 it was provided that:— Notwithstanding anything contained in Section nineteen of the Criminal Appeal (Scotland) Act, 1926, the power conferred on the Secretary of State by Section sixteen of that Act to refer a case, or any point rising therein, to the High Court of Justiciary shall he exerciseable in the case of a person convicted on or before the thirty-first day of October, nineteen hundred and twenty-six, in like manner as if he had been convicted after that date. This Act is not coming into force in Ireland until March, 1931, but the Minister desires to have the power to refer cases in which sentences have been imposed before March 31. There cannot be any possible objection to this. The Amendment simply follows the words of the Scottish Act, which they Wish to have put into this Bill. I beg to move.

Amendment moved— Page 13, line 29 at end insert the said new subsection.—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 17, as amended, agreed to.

Clause 18, agreed to.

Clause 19:

Application.

19.—(1) This Act shall apply in the case of all persons tried and convicted on indictment, who are sentenced after the thirty-first day of March, nineteen hundred and thirty-one, but shall not affect the rights as respects appeal of any person sentenced on or before that date.

THE LORD CHANCELLOR moved, in subsection (1), after the first "shall," to insert "save as otherwise expressly provided." The noble and learned Lord said: There will have to be a small consequential Amendment in this clause having regard to what your Lordships have been good enough to do for the Parliament of Northern Ireland in Clause 17. After the words "This Act shall" it ought to run "save as otherwise expressly provided." I beg to move.

Amendment moved— Page 13, line 37, after ("shall") insert, ("save as otherwise expressly provided,").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 19, as amended, agreed to.

Clause 20:

Interpretation.

20. In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:— Sentence" includes any order of the court of trial made on conviction with reference to the person convicted or his wife or children, and any recommendation of that court as to the making of a deportation order in the case of a person convicted, and the power of the Court to pass a sentence includes a power to make any such order or recommendation.

THE LORD CHANCELLOR moved, at the end, to insert "which could lawfully have been made by the court of trial." The noble and learned Lord said: If your Lordships will look at the clause you will see that it says:— 'Sentence' includes any order of the court of trial made on conviction with reference to the person convicted or his wife or children, and any recommendation of that court as to the making of a deportation order in the case of a person convicted, and the power of the Court to pass a sentence includes a power to make any such order or recommendation.

There is a very small technical point here. In fact an order for deportation is not made by any court. The court recommends an order for deportation but in fact the order is technically made by the Home Office. Therefore it is necessary after "recommendation" to insert the words "which could lawfully have been made by the court of trial." I beg to move that those words be added to the clause.

Amendment moved— Page 15, line 5, at end insert ("which could lawfully have been made by the court of trial").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Clause 20, as amended, agreed to.

Remaining clause agreed to.

Schedule agreed to.