HL Deb 04 June 1957 vol 204 cc198-9

[The references are to Bill (72) as first printed for the House of Commons.]

In the Title, line 3, leave out ("and as to") and insert ("to provide for").

In the Title,line 4, leave out from ("matters") to ("and") in line 5 and insert ("; to restrict the power of such courts to issue a warrant for the arrest of an accused person on his failing to appear; to extend the power of such courts with respect to the mitigation of penalties;").

Clause 1, page 1, line 5, at beginning insert (" Subject to subsection (5) of this section,").

Clause 1,page 2, line 10, leave out from ("(a)") to ("the") in line 14.

Clause 1,page 2,line 31, leave out from beginning to ("shall") in line 44 and insert— (" (ii) before accepting the plea of guilty and convicting the accused in his absence under this subsection, the court shall cause the notification and statement of facts aforesaid, including any submission received with the notification which the accused wishes to be brought to the attention of the court with a view to mitigation of sentence, to be read out before the court; (iii) if the court proceeds under this subsection to hear and dispose of the case in the absence of the accused, the court shall not permit any statement to be made by or on behalf of the prosecutor with respect to any facts relating to the offence charged other than, the statement of facts aforesaid except on a resumption of the trial after an adjournment under subsection (3) of section fourteen of the Magistrates' Courts Act, 1952 (which confers power to adjourn after convicting he accused but before sentencing him) and").

Clause 1,page 3, line 38, at end insert— (" (5) The Secretary of State may by order made by statutory instrument provide that this section shall not apply in relation to such offences in addition to those specified in paragraphs (a) and (b) of subsection (1) of this section as may be specified in the order, and any order under this subsection—

  1. (a) may vary or revoke any previous order thereunder; and
  2. (b) shall not be made unless a draft thereof has been approved by resolution of each House of Parliament.").

After Clause 3, insert the following new clause—

Amendment as to arrest of accused on non-appearance

(" 4. In paragraph (b) of the proviso to subsection (2) of section fifteen of the Magistrates' Courts Act, 1952 (which provides that where the court adjourns by reason of the non-appearance of the accused after having received any evidence, either on that or on a previous occasion, it shall not issue a warrant under that section for the accused's arrest unless it thinks it undesirable, by reason of the gravity of the offence, to continue the trial in his absence), for the words "after having received any evidence, either on that or on a previous occasion" there shall be substituted the words "after having, either on that or on a previous occasion—

  1. (i) received any evidence; or
  2. (ii) convicted the accused without hearing evidence on his pleading guilty, whether under subsection (3) of section thirteen of this Act or under subsection (2) of section one of the Magistrates' Courts Act, 1957".")

THE LORD CHANCELLOR

My Lords, I beg to move that this House doth agree with the Commons in the said Amendments.

Moved, That this House doth agree with the Commons in the said Amendments.—(The Lord Chancellor.)

On Question, Motion agreed to.