HL Deb 20 July 1948 vol 157 cc1089-90

Clause 32, page 34, line 32, at end insert— ("(2) For the purpose of the last foregoing subsection the expression 'sentence' includes any order made on conviction by a court of summary jurisdiction, not being—

  1. (a) a probation order or an order for conditional discharge;
  2. (b) an order for the payment of costs;
  3. (c) an order under section two of the Protection of Animals Act, 1911 (which enables the court to order the destruction of an animal).")

The Commons agreed to the above Amendment, but proposed the following Amendment thereto—

At the end of the Amendment, insert— ("(d) an order made in pursuance of any enactment under which the court has no discretion as to the making of the order or the terms thereof.")

9.40 p.m.

LORD CHORLEY

My Lords, I beg to move that this House do agree with the Commons in the proposed Amendment. In this case, which is a question of appeals, your Lordships proposed in Committee to insert three cases where there should not be an appeal—very obvious cases, such as a probation order or an order for conditional discharge. In another place it was pointed out that there is a type of case where the penalty is automatic and cannot be varied, such as the endorsement of a driving licence for the offence of driving to the danger of the public. That is a case in which the penalty cannot in any sense be varied. Therefore, there is no sense in allowing an appeal. It seems to me sensible that this fourth case should be added to the other conditions. I beg to move that this House do agree with the Amendment made to the Lords Amendment.

Moved, That this House do agree with the Commons in their Amendment to the Lords Amendment.—(Lord Chorley.)

On Question, Motion agreed to