HL Deb 13 December 1949 vol 165 cc1493-505

[The references are to Bill No. 45]

In the Title, line 6, leave out ("in Scotland")

In the Title, line 10, after ("institutions") insert ("in Scotland")

In the Title, line 11, leave out ("in Scotland") and insert ("to make certain consequential amendments to the Criminal Justice Act, 1948").

After Clause 6, insert the following new clause—

Probation orders relating to persons residing in England

("(1) Where the court by which a probation order is made under section two of this Act is satisfied that the offender resides or will reside in England, subsection 12) of the said section shall not apply to the order, but the order shall contain a requirement that he be under the supervision of a probation officer appointed for or assigned to the petty sessional division in which the offender resides or will reside; and that division shall be named in the order.

(2) Where a probation order has been made under section two of this Act and the court in Scotland by which the order was made or the appropriate court is satisfied that the probationer proposes to reside or is residing in England, the power of that court to amend the order under the Second Schedule to this Act shall include power to omit therefrom the name of the probation officer named therein and to insert the provisions required by subsection (1) of this section; and the court may so amend the order without summoning the probationer and without his consent.

(3) Notwithstanding anything in the fore going provisions of this Part of this Act an order as made or amended under this section shall not require the offender to reside in any institution, or to submit to treatment for his mental condition, but without prejudice to any power of a court in England to impose any such requirements under the next following subsection.

(4) Subsections (1) to (3) of section four and subsection (1) of section five of this Act shall not apply to any order made or amended under this section; but subject as hereinafter provided the provisions of the Criminal Justice Act, 1948 (except section eight of that Act) shall apply to the order as if it were a probation order made under section three of that Act:

Provided that in the application to any such order of section six of the said Act (which relates to breach of a requirement of a probation order) paragraph (a) of subsection (2), paragraph (a) of subsection (3) and paragraph (b) of subsection (4) of that section shall not apply, and paragraph (b) of subsection (3) and paragraph (a) of subsection (4) of that section shall have effect as if for references therein to a court of assize or quarter sessions and the court of assize or quarter sessions there were substituted references to a court in Scotland and to the court in Scotland by which the probation order was made or amended under this section.

(5) If it appears on information to a justice acting for the petty sessional division or place for which the supervising court (as defined in the Criminal Justice Act, 1948) acts that a person in whose case a probation order has been made or amended under this section has been convicted by a court in any part of Great Britain of an offence committed during the period specified in the order, he may issue a summons requiring that person to appear, at the place and time specified therein, before the court in Scotland by which the probation order was made or, if the information is in writing and on oath, may issue a warrant for his arrest, directing that person to be brought before the last-mentioned court.

(6) If a warrant for the arrest of a probationer issued under section six of this Act by a court is executed in England, and the probationer cannot forthwith be brought before that court. the warrant shall have effect as if it directed him to be brought before a court of summary jurisdiction for the place where he is arrested; and the court of summary jurisdiction shall commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the court in Scotland.

(7) The court by which a probation order is made or amended in accordance with the provisions of this section shall send three copies of the order to the clerk to the justices for the petty sessional division named therein, together with such documents and information relating to the case as it considers likely to be of assistance to the court acting for that petty sessional division.

(8) Where a probation order which is amended under subsection (2) of this section is an order to which the provisions of this Act apply by virtue of section nine of the Criminal Justice Act, 1948 (which relates to probation orders under that Act relating to persons residing in Scotland), then, notwithstanding anything in that section or this section, the order shall, as from the date of the amendment, have effect in all respects as if it were an order made under section three of that Act in the case of a person residing in England.")

Clause 10, page 9, line 42, after ("functions") insert ("remuneration").

Clause 20, page 14, line 13, after ("released") insert ("in accordance with the provisions of the Fifth Schedule to this Act")

Clause 20, page 14, line 32, after ("released") insert ("in accordance with the provisions of the Fifth Schedule to this Act ")

Clause 20, page 14, line 35, at end insert—

("(3) For the purposes of subsections (1) and (2) of this section a certificate purporting to be signed by or on behalf of the Director of Public Prosecutions that an offence is punishable on indictment in England with imprisonment for a term of two years or more shall be sufficient evidence of the matter so certified.")

Clause 20, page 14, line 38, leave out ("on licence")

after ("with") insert ("rules made under subsection (6) of section forty-nine of this Act or")

Clause 20, page 14, line 41, leave out ("section forty-nine of this Act") and insert ("that section").

Clause 22, page 16, line 43, at end insert—

("(3) Where a sheriff is satisfied on the evidence of two registered medical practitioners approved for the purpose by the General Board of Control for Scotland that a person detained under an order made under paragraph (a) of the last foregoing subsection is in a state threatening danger to the lieges or offensive to public decency and cannot be suitably cared for in a mental hospital the sheriff shall make an order that he be removed to and received and detained in such State Mental Hospital as may be named in the order, and the first-mentioned order shall cease to have effect.")

page 17, line 1, after ("subsection") insert ("or under the last foregoing subsection").

Clause 23, page 17, line 33, after ("court") insert ("of Justiciary").

After Clause 23, insert the following new clause:

Change in procedure in the case of mental defectives undergoing imprisonment, &c.

("The following section shall be substituted for section ten of the Mental Deficiency and Lunacy (Scotland) Act, 1913— '(10) Where a sheriff on an application by the Secretary of State is satisfied on the evidence of two registered medical practitioners one of whom shall be a medical practitioner approved for the purpose by the General Board of Control for Scotland that a person who is detained (otherwise than while awaiting trial or sentence or under civil process) in a prison or other institution to which the Prisons (Scotland) Acts, 1860 to 1926, apply, or in a remand home, or in a school approved under section eighty-three of the Children and Young Persons (Scotland) Act, 1937, or in an inebriate reformatory or who is detained in a State Mental Hospital, is a defective, the sheriff may make an order

  1. (a) that he be transferred therefrom and sent to such institution for defectives as may be named in the order; or
  2. (b) that he be placed under guardianship;
and any order so made shall have the like effect as a judicial order under this Act.'")

After Clause 26, insert the following new clause:

Jurisdiction and procedure in respect of certain indictable offences committed abroad

("(1) Any British subject who in a country outside the United Kingdom does any act or makes any omission which if done or made in Scotland would constitute the crime of murder or of culpable homicide shall be guilty of the same crime and subject to the same punishment as if the act or omission had been done or made in Scotland.

(2) Any British subject employed under His Majesty's Government in the United Kingdom in the service of the Crown who, in a foreign country, when acting or purporting to act in the course of his employment, does any act or makes any omission which if done or made in Scotland would constitute an offence punishable on indictment shall be guilty of the same offence, and subject to the same punishment, as if the act or omission had been done or made in Scotland.

(3) A person may he proceeded against, indicted, tried and punished for an offence under this section in any county or place in Scotland in which he is apprehended or is in custody as if the offence had been committed in that county or place; and the offence shall, for all purposes incidental to or consequential on the trial or punishment thereof, be deemed to have been committed in that county or place.")

After Clause 33, insert the following new clause:

Payment by instalments of fines imposed on conviction on indictment

("(1) Where a court imposes a fine on a person convicted on indictment, the court may, either at the same or at any subsequent time, order payment of the fine by instalments of such amounts, and at such times, as it may think fit, and where any instalment is not paid at the time so ordered, that person shall be liable to imprisonment for such period as bears to the period specified in default of payment of the fine the same proportion, as nearly as may be, as the sum of the unpaid instalments bears to the total amount of the fine.

(2) Where in pursuance of the last foregoing subsection a person is imprisoned in default of payment of any instalment of a fine, and there is paid to the governor of the prison in which the said person is imprisoned a sum in part satisfaction of the sum of the unpaid instalments of the said fine, the term of imprisonment of the said person shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which he was sentenced as the sum so paid bears to the sum for which he is liable.

(3) Where a court has imposed a fine on a person convicted on indictment and has ordered payment of the fine by instalments in accordance with the terms of subsection (1) of this section, the court may at any time before imprisonment has followed on the sentence, without requiring the attendance of the accused, reduce the amount, or allow further time for the payment, of any instalment (whether the time for payment thereof has or has not expired), or order payment of the fine, so far as unpaid, by instalments of smaller amounts or at longer intervals than originally ordered.

(4) The High Court of Justiciary may by Act of Adjournal regulate the procedure to be followed in cases arising under this section.")

Clause 35, page 24, line 19, leave out from beginning to ("under") and insert—

("Any conviction which is admitted in evidence by the court.")

Clause 36, page 25, line 20, leave out subsection (6), and insert— ("(6) Nothing contained in section twenty-eight or twenty-nine of the Criminal Procedure (Scotland) Act, 1887, shall require a plea tendered by or on behalf of a company to be signed.")

Clause 38, page 26, line 30, leave out ("by") and insert ("purporting to be signed by or on behalf of")

Clause 42, page 27, line 34, at end insert— ("(6) Nothing herein contained shall prevent evidence of previous convictions being led in any case where such evidence is competent in support of a substantive charge.")

Clause 49, page 31, line 43, at end insert— ("(4) Rules made under this section may provide for the appointment of a convenient prison or prisons—

  1. (a) in which prisoners are to he confined before and during trial, or at either of such times;
  2. (b) in which particular classes of prisoners may be confined;
  3. (c) in which civil prisoners may be confined during the period of their imprisonment.")

page 32, line 15, leave out ("on licence")

Clause 49, page 32, line 16, leave out ("or detained in a Borstal institution") and insert (", corrective training, preventive detention, or Borstal training")

Clause 53, page 34, line 8, leave out from ("to") to end of line 10, and insert ("compliance with such conditions, if any, as the Secretary of State may from time to time determine")

Clause 57, page 35, line 44, after ("place") insert ("in Great Britain") line 45, after ("detained") insert ("in Scotland")

After Clause 57, insert the following new clause:

Removal of prisoners &c., to and from England and from the Isle of Man or Channel Islands

("(1) The Secretary of State may, on the application of a person serving a sentence of imprisonment, corrective training, preventive detention or Borstal training, order his removal to a prison or Borstal institution in England; and any person so removed may be detained, released, recalled and otherwise dealt with as if he had been sentenced by a court in England and as if his sentence were one which could be imposed by such a court.

(2) Any person sentenced, under the law for the time being in force, by any court in the Isle of Man or the Channel Islands to penal servitude, imprisonment, corrective training, preventive detention, detention in a Borstal institution, Borstal training or detention in a detention centre may, if the Secretary of State so orders, be removed to a prison, Borstal institution or detention centre, as the case may be, in Scotland.

(3) Any person ordered to be removed under the last foregoing subsection, and any person sentenced by a court in England who, under any enactment extending to England, is ordered to be removed to a prison or Borstal institution in Scotland, may be detained, released, recalled and otherwise dealt with as if his sentence had been passed by a court in Scotland and as if his sentence were one which could be imposed by such a court:

Provided that—

  1. (a) where a person so removed was undergoing or liable to undergo a term of penal servitude, he shall, be treated as if that term were a term of imprisonment;
  2. (b) where a person so removed was sentenced to detention in a Borstal institution he shall be treated as if he had been sentenced to Borstal training under this Act.

(4) Any person removed under this section from the Isle of Man or the Channel Islands to a prison or Borstal institution in Scotland may, on his release under the provisions of the Fourth or Fifth Schedule to this Act or under section fifty-two of this Act, as the case may be, be placed under supervision in the Isle of Man or the Channel Islands, as the case may be, and those provisions (including the provisions of the Eighth Schedule to this Act), shall apply to him therein; and if any person so released is recalled under the provisions aforesaid, he may, if in the Isle of Man or the Channel Islands, be arrested without warrant and removed to Scotland for the purpose of being taken to a prison or Borstal institution as the case may be.

(5) The provisions of the Schedule (Provisions relating to persons in England after discharge from prisons, &c., in Scotland) to this Act shall have effect in relation to persons for the time being in England who have been discharged from prisons and other institutions in Scotland (including persons who, before being so discharged, had been removed to such institutions under any enactment extending to England).

(6) For the purposes of this section, a person sentenced to death by a court in England or in the Isle of Man or the Channel Islands who has been pardoned by His Majesty on condition that he serves a term of penal servitude or imprisonment shall be deemed to have been sentenced to penal servitude or imprisonment by that court.")

Clause 59, page 37, line 2, after ("place,") insert ("in Great Britain")

Clause 59, page 37, line 16, at end insert—

("(2) The Secretary of State may, on the application of a state mental patient or a relation of the patient, order the patient's removal from a mental hospital in Scotland to a mental hospital in England; and any patient so removed shall be liable to be dealt with as if he had been sentenced or ordered to be detained or otherwise committed to custody, as the case may be, by a court in England.")

Clause 60, page 38, line 23, after ("warrant") insert ("in any part of Great Britain")

Clause 59, page 37, line 39, at end insert—

("(3) For the purposes of this section a person who, after being temporarily released in pursuance of rules made under subsection (6) of section forty-nine of this Act, is at large at any time during the period for which he is liable to be detained in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made by the Secretary of State in pursuance of the rules.")

Clause 67, page 43, line 5, after ("1937.") insert ("or under section thirty-eight of the Education (Scotland) Act, 1946")

Clause 67, page 43, page 44, line 3, leave out ("(2) and (4)") and insert ("(3) and (5)")

Clause 70, page 47, line 42, after ("Act") insert ("(including any sums so received under arrangements made with respect to the cost of removing and maintaining persons removed from the Isle of Man or Channel Islands to institutions in Scotland under section (Removal of prisoners, etc., to and from England and from the Isle of Man or Channel Islands) of this Act)")

Clause 73, page 50, line 8, at end insert—

("(7) References in the Prisons (Scotland) Act, 1877, to a general or special rule shall be construed as references to a rule made under section forty-nine of this Act.")

Clause 74, page 50 line 10, after ("and") insert ("save as otherwise expressly provided")

Second Schedule, page 51, line 30, leave out from beginning, to end of line 32, and insert—

("1. A probation order may on the application of the probation officer or of the probationer be discharged—

  1. (a) by the appropriate court, or
  2. (b) if no appropriate court has been named in the original or in any amending order, by the court which made the order.")

Clause 74, page 53, line 13, after ("institution") insert ("or place")

Clause 74, page 54, line 6, after ("institution") insert ("or place")

Third Schedule, page 56, line 9, after ("committee") insert ("under the Local Government Act, 1948, or")

Fourth Schedule, page 58, line 14, after ("sentenced") insert ("by a court in any part of Great Britain")

Sixth Schedule, page 60, line 24, after ("be") insert ("sufficient")

Clause 74, line 31, after ("be") insert ("sufficient")

Clause 74, line 38, after ("be") insert ("sufficient")

Seventh Schedule, page 62, line 6, after ("convictions") insert ("applying to you")

line 21, at end insert ("applying to you")

After the Eighth Schedule insert the following new Schedule:

("PROVISIONS RELATING TO PERSONS IN ENGLAND AFTER DISCHARGE FROM PRISONS, ETC., IN SCOTLAND

  1. 1. Where any person serving a term of imprisonment for life has been released on licence under subsection (1) of section fifty-three of this Act, he may be recalled under subsection (2) of that section notwithstanding that he is for the time being in England; and in relation to any such persons, while in England, the said subsection (2) shall extend to England accordingly.
  2. 2. Where any person sentenced to Borstal training under this Act, or who is required by virtue of any enactment to be treated as if he had been so sentenced, is released from a Borstal institution, he shall continue to be under supervision, and may be recalled, in accordance with the provisions of the Fourth Schedule to this Act, notwithstanding that he is for the time being in England and in relation to any such person, while in England, the provisions of that Schedule (other than paragraph 1 thereof) shall extend to England accordingly.
  3. 3. Where any person sentenced under this Act to corrective training or preventive detention or required by virtue of section (Removal of prisoners etc., to and from England and from the Isle of Man or Channel Islands) of this Act to be treated as if he had been so sentenced, is released on licence under paragraph 1 of the Fifth Schedule to this Act, any requirements of the licence shall continue in force, and he may be recalled under the said 1501 Fifth Schedule, notwithstanding that he is for the time being in England; and in relation to any such person, while in England, the provisions of that Schedule (except paragraph 1 thereof) shall extend to England accordingly.
  4. 4. Where any person serving a sentence of imprisonment is released on licence under subsection (2) of section fifty-two of this Act, he shall continue to be under supervision, and may be recalled, in accordance with the provisions of the Eighth Schedule to this Act, notwithstanding that he is for the time being in England; and in relation to any such person, while in England, the provisions of that Schedule shall extend to England accordingly.
  5. 5. Where, under section twenty-one of this Act, any person convicted of an offence is ordered to be subject to the provisions of that section, he shall remain so subject notwithstanding that he is for the time being in England; and in relation to any such person, while in England, the provisions of that section and of the Sixth Schedule to this Act shall extend to England accordingly.")

Ninth Schedule, page 64, line 1, leave out ("any court") and insert ("a court in any part of Great Britain")

Ninth Schedule, page 64, line 4, after ("granted") insert ("in any part of Great Britain")

Ninth Schedule, page 64, line 14, at end insert—

("(3) In the case of a person who is deemed by virtue of the last foregoing sub-paragraph to have been released on licence under section fifty-three of this Act, the Secretary of Stale may, without recalling him to prison, substitute for the licence granted under the Penal Servitude Acts, 1853 to 1891, a licence under the said section fifty-three.")

Tenth Schedule, page 66, line 22, at end insert—

("The Prisons (Scotland) Act, 1877 40 & 41 Viet. c. 53

In section twenty-eight the words from 'may from time to time' to 'convicted criminal prisoners, and' shall cease to have effect.

Sections thirty-seven, forty-eight to fifty and fifty-two shall be omitted.

In section seventy-one for the definition of the expression 'burgh' the following definition shall be substituted 'Burgh shall have the same meaning as in the Local Government (Scotland) Act, 1947.'")

Page 67, line 18, leave out from ("five") to end of line 30, and insert ("for the words from '(a) under an order' to `inebriate reformatory' there shall be substituted the words under an order made by the sheriff

  1. (a) on a petition presented under this Act (hereinafter referred to as a judicial order); or
  2. (b) in pursuance of section ten of this Act in the case of a defective detained in a prison or other institution to which the Prisons (Scotland) Acts, 1860 to 1926, apply, or in a remand home, or in a school approved under section eighty-three of the Children and Young Persons (Scotland) Act, 1937, or in an inebriate reformatory or who is detained in a State Mental Hospital.'")

After the Amendment last inserted, insert—

("In section seventeen, in subsection (1), the words 'or the Secretary for Scotland,' shall be omitted:

In section thirty-three, in subsection (2), the words from 'or, to the end of the sub-section shall be omitted:

In section thirty-four, for subsection (2), there shall be substituted the following subsection— '(2) Where the order is made in pursuance of section ten of this Act

  1. (a) if the order is in respect of a person detained in a prison or other institution to which the Prisons (Scotland) Acts, 1860 to 1926, apply, or in a remand home, or in an inebriate reformatory or who is detained in a State Mental Hospital that person shall for the purposes of the foregoing section be presumed to have resided in the place where the offence was, or was alleged to have been, committed, unless it be proved that he resided in some other place;
  2. (b) if the order is in respect of a person in a school approved under section eighty-three of the Children and Young Persons (Scotland) Act, 1937, that person shall for the purposes of the foregoing section be deemed to have resided in the place (if any) determined to have been his place of residence for the purposes of his committal to such school.'")

Leave out lines 31 to 46.

Page 71, line 38, at end insert—

("The Criminal Justice Act, 1948. 11 & 12 Geo. 6. c. 58

For section nine there shall be substituted the following section—

'Probation orders relating to persons residing in Scotland.

9.—(1) Where the court by which a probation order is made under section three of this Act is satisfied that the offender resides or will reside in Scotland, subsection (2) of that section shall not apply to the order, but the order shall specify as the appropriate court for the purposes of this section a court of summary jurisdiction (which in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the place in Scotland in which the offender resides or will reside.

(2) Where a probation order has been made under section three of this Act and the supervising court is satisfied that the probationer proposes to reside or is residing in Scotland, the power of that court to amend the order under the First Schedule to this Act shall include power to amend it by substituting for the provisions required by subsection (2) of the said section three the provisions required by subsection (1) of this section; and the court may so amend the order without summoning the probationer and without his consent.

(3) Notwithstanding anything in the foregoing provisions of this Part of this Act, an order as made or amended under this section shall not require the offender to reside in any institution, or to submit to treatment for his mental condition, but without prejudice to any power of a court in Scotland to impose any such requirement under the next following subsection.

(4) Subsections (1) to (3) of section five and subsections (1) and (2) of section six of this Act shall not apply to any order made or amended under this section; but the provisions of the Criminal Justice (Scotland) Act, 1949 (except paragraph (b) of subsection (2) of section five and section six of that Act), shall apply to the order as if it were a probation order made under section two of that Act and as if the court specified in the order as the appropriate court had been named as such under subsection (2) of that section.

(5) If in the case of a probation order made or amended under this section the appropriate court (as defined by the Criminal Justice (Scotland) Act, 1949) is satisfied that the probationer has failed to comply with any requirement of the probation order, the court may, instead of dealing with him in any manner authorised by the said Act, commit him to custody or release him on bail until he can be brought or appear before the court in England by which the probation order was made, and, if it so commits him or releases him on bail.—

  1. (a) the court shall send to the said court in England a certificate certifying that the probationer has failed to comply with such of the requirements of the probation order as may he specified in the certificate, together with such other particulars of the case as may be desirable;
  2. (b) that court shall have the same powers as if the probationer had been brought or appeared before it in pursuance of a warrant or summons issued under subsection (1) of section six of this Act;
and a certificate purporting to be signed by the clerk of the appropriate court shall be admissible as evidence of the failure before the court which made the probation order.

(6) In relation to a probation order made or amended under this section, the appropriate court (as defined by the Criminal Justice (Scotland) Act, 1949) shall have jurisdiction for the purposes of subsection (1) of section eight of this Act; and paragraph (a) of the proviso to subsection (3) of that section shall not apply to any summons or warrant issued under that section by that court.

(7) The court by which a probation order is made or amended under this section shall send three copies of the order as made or amended to the clerk of the court specified in the order as the appropriate court, together with such documents and information relating to the case as it considers likely to be of assistance to that court; and subsection (6) of section three of this Act, or paragraph 6 of the First Schedule to this Act, as the case may be, shall not apply to any such order.

(8) Where a probation order which is amended under subsection (2) of this section is an order to which the provisions of this Act apply by virtue of section seven of the Criminal Justice (Scotland) Act, 1949 (which relates to probation orders under that Act relating to persons residing in England), then, notwithstanding anything in that section or this section, the order shall, as from the date of the amendment, have effect in all respects as if it were an order made under section two of that Act in the case of a person residing in Scotland, and as if the court specified as the appropriate court in the order as so amended had been named as such under subsection (2) of the said section two.'")

Page 71, column 2, after the Amendment last inserted, insert—

("In section twenty-three, after subsection (2) there shall be inserted the following sub-section— '(3) For the purposes of subsections (1) and (2) of section twenty-one of this Act a certificate purporting to be signed by or on behalf of the Lord Advocate that an offence is punishable on indictment in Scotland with imprisonment for a term of two years or more shall be evidence of the matter so certified.'")

Page 71, column 2, after the Amendment last inserted, insert—

("At the end of section fifty-two there shall be added the following subsection— '(5) Rules made under this section may provide for the temporary release of persons serving a sentence of imprisonment, corrective training, preventive detention, or Borstal training.'

In section fifty-seven, in subsection (1), for the words from 'subject to such conditions' to the end of the subsection there shall be substituted the words 'subject to compliance with such conditions, if any, as the Secretary of State may from time to time determine.'

In section sixty-one, in subsection (5), for the words from 'The provisions of Part I' to 'that Schedule' there shall be substituted 'The provisions of the Seventh Schedule to this Act.'

At the end of section sixty-five there shall be added the following subsection— '(4) For the purposes of this section a person who, after being temporarily released in pursuance of rules made under subsection (5) of section fifty-two of this Act, is at large at any time during the period for which he is liable to be detained in pursuance of his sentence shall be deemed to he unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made by the Prison Commissioners in pursuance of the rules.'

In the Eighth Schedule, after sub-paragraph (2) of paragraph 1, there shall be inserted the following sub-paragraph— `(2A) In the case of a person who is deemed by virtue of the last foregoing subparagraph to have been released on licence under section fifty-seven of this Act, the Secretary of State may, without recalling him to prison, substitute for the licence granted under the Penal Servitude Acts, 1853 to 1891, a licence under the said section fifty-seven.'")

Eleventh Schedule, page 72, column 3, leave out from beginning of line 21 to end of line 23, and insert— ("Section six.

In section ten, the words 'and enforcement of hard labour.'

Sections fourteen, fifteen, twenty-seven.

In section twenty-eight, the words from 'may from time to time' to convicted criminal prisoners, and.'

Sections twenty-nine, thirty-seven, forty-four to fifty, fifty-two, fifty-eight and sixty-four.")

Page 75, line 14, column 3, at beginning insert ("Section ten")

Page 75, line 15, column 3, leave out from ("(4)") to end of line 17, and insert ("section eighty-one so far as it relates to sections ten and seventy-one")

line 17, column 3, after the words last inserted, insert ("Part I of the Seventh Schedule.")

LORD MORRISON

My Lords, I beg to move that this House do agree with the Commons in the said Amendments. In doing so may I say briefly that many of these Amendments, including four of the six new clauses and Schedules, introduce into the Bill provisions applying beyond Scotland. These machinery provisions deal with the position of Scottish probationers who move to England and English probationers who come to live in Scotland. They provide for the movement of prisoners and State mental patients between Scotland and other parts of Great Britain; enable the Secretary of State to require prisoners discharged in Scotland to report to the police in England, if they go to live there; and authorise the trial in Scotland of persons charged with certain indictable offences committed in foreign countries. The remaining Amendments introduce a number of improvements of detail into the Bill. I can assure the House that no point of controversy arises. I will be guided by the wishes of the House as to whether I may be permitted to move the Amendments clause by clause or en bloc. I beg to move.

Moved, That this House do agree with the Commons in the said Amendments.—(Lord Morrison.)

EARL FORTESCUE

My Lords, may I say, on behalf of noble Lords on this side of the House, that we agree with all the Amendments?

On Question, Motion agreed to.