HL Deb 17 April 1956 vol 196 cc1045-7

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

Moved that the House do now resolve itself into Committee.—(Lord Merthyr.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF DROGHEDA in the Chair]

Clause 1:

Right of appeal to quarter sessions

1.—(1) Where, under the Justices of the Peace Act, 1361, a person is orderd by a magistrates' court (as definied in the Magistrates' Courts Act, 1952) to enter into a recognisance with or without sureties to be of good behaviour, he may appeal to a court of quarter sessions.

LORD MERTHYR moved, in subsection (1) after "1361" to insert "or otherwise". The noble Lord said, With the permission of the Committee I will deal with all the Amendments which stand in my name together. Your Lordships will recall that during the Second Reading debate I indicated that it was my intention to move the Amendments in order to extend the scope of this Bill. Your Lordships will remember that, as it is now drafted, the Bill extends only to the right of appeal against an order made by justices against a man under the Act of 1361—that is, a statutory order—to find sureties to be of good behaviour. Since this Bill was first introduced, it has been pointed out that it would be useful to extend this right of appeal to another power which justices now possess and which is not a statutory but a Common Law power—that is,the power tobind over a person to keep the peace. That power is more commonly used than one might suppose. I believe it would be desirable to extend the scope of this Bill so as to include the Common Law power to bind over to keep the peace. These Amendments are all designed to that end, and I think they all stand or fall together. If your Lordships feel that this is a desirable power to give an appellant I would ask you to pass these Amendments; if your Lordships think otherwise, I have no wish to press them. I beg to move the first Amendment.

Amendment moved— Page 1, line 5, afte7 ("1361") insert ("or otherwise").—(Lord Merthyr.)

On Question, Amendment agreed to.

LORD MERTHYR

My Lords, this Amendment is consequential. I beg to move.

Amendment moved— Page 1, line 8, after first ("to") insert ("keep the peace or to").—(Lord Merthyr.)

On Question, Amendment agreed to.

LORD MERTHYR

I feel that it is necessary to make it quite clear that this Bill does not affect rowers which justices possess to bind over a defendant who has been convicted under some other Act. This Amendment is drafted to make that abundantly clear. I beg to move.

Amendment moved—

Page 1, line 21, at end insert— ("(3) Nothing in this section shall apply in relation to any order an appeal from which lies to a court of quarter sessions apart from the provisions of this section.")—(Lord Merthyr.)

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Clause 2 [Short title and extent]:

LORD MERTHYR

This Amendment is consequential. I beg to move.

Amendment moved— Page 1, line 25, leave out from ("the") to second ("Act") in line 26 and insert ("Magistrates' Courts (Appeals from Binding Over Orders)").—(Lord Merthyr.)

On Question, Amendment agreed to.

Remaining clause, as amended, agreed to.

LORD MERTHYR

This Amendment also is consequential. I beg to move.

Amendment moved— In the Title, leave out ("Justices of the Peace Act, 1361") and insert ("law relating to orders of justices of the peace requiring persons to enter into recognisances to keep the peace or be of good behaviour").—(Lord Merthyr.)

On Question, Amendment agreed to.

Title, as amended, agreed to.

House resumed.