HL Deb 30 July 1963 vol 252 cc1111-8

[The references are to Bill [52] as first printed for the House of Commons.]

Clause 1, page 2, line 9, leave out from ("jurisdiction") to ("impose") in line 10

Clause 2, page 2, line 43, leave out subsection (2) and insert—

("(2) In any enactment—

  1. (a) any reference to a sentence of imprisonment as including a reference to a sentence of any other form of detention shall be construed as including a reference to a sentence of detention in a young offenders institution; and
  2. (b) any reference to imprisonment as including any other form of detention shall be construed as including a reference to detention in a young offenders institution.")

Clause 7, page 4, line 21, leave out ("or the antecedents")

Clause 7, page 4,line 22, at end insert— ("(3) Where it appears to the Secretary of State that a person detained in a detention centre is unfit for such detention by reason of his health, without prejudice to any other powers he may have in the matter, he may, after consultation where practicable with the judge by whom or the presiding chairman of the court by which the sentence was passed, release that person; and he shall then be required to be under supervision in accordance with section 12(1) of this Act.")

Clause 8, page 4, line 25, leave out from beginning to ("the") in line 27

Clause 9, page 5, line 4, leave out Clause 9

Clause 10, page 6, line 12, at end, insert— ("(4) The powers conferred upon the Secretary of State by the last foregoing subsection may be exercised in the case of a person who has not attained the age of seventeen years if the Secretary of State is satisfied, having regard to the character and development of the person, that it is appropriate that he should be detained in a young offenders institution.")

Clause 12, page 7, line 15, leave out ("society or")

Clause 12, page 7,line 33, at beginning, insert— ("Subject to the provisions of the next following subsection")

Clause 12, page 7, line 43, at end, insert— ("(3) The power conferred upon the Secretary of State by the last foregoing subsection to recall an offender to a young offenders institution may be exercised in the case of a person who has not attained the age of seventeen years if the Secretary of State is satisfied, having regard to the character and development of the person, that it is appropriate that he should be detained in a young offenders institution.")

Clause 13, page 8, line 9, leave out ("society or")

Clause 15, page 9, leave out lines 10 to 18 and insert—

("(2) Subject to the provisions of subsection (4) thereof, this section applies—

  1. (a) to any person serving a sentence of imprisonment for a term of three years or more;
  2. (b) to any person serving a sentence of imprisonment for a term of not less than six months, but less than three years, who is under the age of twenty-six years at the commencement of the sentence.")

Clause 13, page 8,line 22, leave out ("a lower limit of")

Clause 13, page 8,line 24, leave out from beginning to first word ("in") in line 27 and insert— ("(4) This section shall not apply to persons serving a sentence of imprisonment commencing before such date as may be prescribed by order of the Secretary of State under this subsection; and any such order may prescribe different dates in respect of sentences described in paragraphs (a) and (b) respectively of subsection (2) of this section, and,")

After Clause 15, insert the following new clause—

Termination of supervisory functions of After Care Council

(".—(1) Subject to the provisions of this section, the powers of the Secretary of State under the Prisons (Scotland) Act 1952 shall include power to make such arrangements as appear to him to be necessary for the supervision of offenders released from institutions provided under that Act.

(2) The Secretary of State may no longer place offenders under the supervision of the After Care Council in pursuance of section 18(2) of the Prisons (Scotland) Act 1952, and accordingly for that subsection there shall be substituted the following subsection:— '(2) It shall be the duty of the After Care Council to advise the Secretary of State on any question relating to the aftercare of offenders which he may refer to them, and to bring to his attention any matter relating to after-care of which in their opinion he ought to be apprised '.")

Leave out Clause 16 and insert the following new clause—

Amendment of s. 8 of the Summary Jurisdiction (Scotland) Act 1954

(". In section 8 of the Summary Jurisdiction (Scotland) Act 1954 (which provides in certain cases where the person convicted has two previous convictions for a maximum sentence of six months imprisonment), for paragraphs (a) and (b) there shall be substituted the following paragraphs:—

  1. '(a) a second or subsequent offence inferring dishonest appropriation of property, or attempt thereat, or
  2. (b) a second or subsequent offence inferring personal violence'.")

Clause 17, page 10, line 5, at end insert— ("(2) For the purpose of determining whether a person is a first offender within the meaning of that Act, a previous conviction shall be disregarded after the expiration of a period of ten years from the date of that conviction, being a period exclusive of any period spent by him in custody under sentence in respect of the conviction.")

Clause 22, page 12, line 39, leave out ("If")

Clause 22, page 12, line 41, leave out from ("State") to ("may") in line 3 on page 13

Clause 23, page 13, line 36, leave out ("two hundred and fifty") and insert ("one hundred and fifty")

Clause 25, page 16, line 30, leave out ("undesirable or")

Clause 28, page 18, line 15, leave out ("less than") and insert ("not exceeding")

Clause 22, page 12, line 17, leave out ("One year or over") and insert ("Over one year")

Leave out Clause 32

After Clause 40, insert the following new clause—

Service in Scotland of documents under the Magistrates' Courts Act 1957.

(". Nothing in section 6(3) (extent) of the Magistrates' Courts Act 1957 or in the Summary Jurisdiction (Process) Act 1881 shall be construed as precluding the service in Scotland with a summons which is so served under the said Act of 1881 of any such notice or statement as is mentioned in subsection (1) of section 1 of the said Act of 1957 (plea of guilty in absence of accused).")

Clause 45, page 23, line 27, leave out ("fifty") and insert ("twenty-five")

After Clause 46, insert the following new clause—

Deferred sentence

(". For the removal of doubt it is hereby declared that it is competent for any Scottish court to defer sentence after conviction for a period and on such conditions as the court may determine.")

Clause 48, page 23, line 46, leave out ("eighteen") and insert ("seventeen")

Clause 48, page 24, line 3, leave out ("eighteen") and insert ("seventeen")

After Clause 48, insert the following new clause—

General provisions as to orders.

(".—(1) Any power of the Secretary of State to make orders under this Act (other than orders made under section 12, section 13(1) or (3) or section 22) shall be exercisable by statutory instrument.

(2) A statutory instrument containing an order under section 13(2) or section 15 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.")

Clause 49, page 24, line 21, at end insert— ("(3) For the purposes of any reference in this Act to a term of imprisonment or to a term of detention in a young offenders institution, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.")

Clause 51, page 25, line 10, at end insert ("section (Service in Scotland of documents under Magistrates' Courts Act 1957)").

Clause 54, page 25, line 46, leave out subsection (2).

Schedule 1, page 26, line 10, leave out ("the supervision of the Society") and insert ("supervision")

Schedule 1, page 26, line 23, leave out from first ("person") to ("who") in line 24.

Schedule 1, page 26, line 30, leave out paragraphs 3 and 4 and insert—

("3. At any time during the period referred to in paragraph 1 of this Schedule the Secretary of State may, by notice in writing given to a person under supervision as aforesaid,—

  1. (a) discharge him from supervision, or
    2. 1115
  2. (b) replace as from a specified date his supervising officer by another supervising officer whose name and address shall be specified in that notice, or
  3. (c) cancel or modify any other of the requirements specified in his notice of supervision.")

Schedule 1, page 28, line 11, leave out ("served in respect of") and insert ("given to")

Schedule 1, page 28, line 12, leave out ("4") and insert ("3")

Schedule 1, page 28, line 13, leave out ("served") and insert ("given")

Schedule 1, page 28, line 18, leave out paragraphs 11, 12 and 13.

Schedule 1, page 28, line 44, leave out paragraph 15.

Schedule 1, page 29, line 6, leave out from ("the") to ("in") in line 9 and insert ("modification that")

Schedule 1, page 29, line 21, leave out ("in England and Wales or")

Schedule 1, page 29, line 25, leave out ("the Prison Commissioners or")

Schedule 1, page 29, line 26, leave out ("as the case may be")

Schedule 1, page 29, line 33, leave out paragraph 20.

Schedule 4, page 34, line 37, leave out from ("case") to the end of line 5 on page 35 and insert— ("(1B) In the last foregoing subsection 'court' means—

  1. (a) in relation to summary proceedings, the court before which the proceedings are being taken;
  2. (b) in relation to proceedings on indictment, the sheriff before whom the accused is taken for judicial examination;
  3. (c) in relation to an appeal by way of stated case from a court of summary jurisdiction, that court;
  4. (d) in relation to any other form of appeal, the court to which the appeal is made.
(1C) Where—
  1. (a) in any case the court mentioned in paragraphs (a) or (b) of the last foregoing subsection has made legal aid available to an accused person in pursuance of this section, that person shall continue to be regarded as financially eligible for legal aid in connection with any subsequent proceedings (including proceedings by way of appeal) arising from the case;
  2. (b) legal aid has not been made available to an accused person and his case comes before the High Court of Justiciary, legal aid shall be available to him if that Court is satisfied of his financial eligibility as aforesaid.")

Schedule 5, page 36, line 5, at end insert—

("The Children and Young Persons (Scotland) Act 1937 (1 Edw. 8 & 1 Geo. 6 c. 37)

In section 86(1)(b), for the words "or on licence" there shall be substituted the words "or under supervision".

In section 87—

in subsection (1), after the word "Act", there shall be inserted the words "and of the Criminal Justice (Scotland) Act 1963";

in subsection (3), for the words "on licence" there shall be substituted the words "under supervision", and after the word "Act", there shall be inserted the words "and of the Criminal Justice (Scotland) Act 1963".

In Schedule 2, in paragraph 9(3), for the words "this Act shall have effect" there shall be substituted the words "this Act and the Criminal Justice (Scotland) Act 1963 shall have effect".

The Family Allowances Act 1945 (8 & 9 Geo. 6 c. 41)

In section 26, after subsection (8), there shall be inserted the following subsection:— (8A) Section 11 shall have effect as if for paragraph (a) of subsection (1) there were substituted the following paragraph— (a) during which the child's detention in an approved school is authorised by an order made under any provision of the Children and Young Persons (Scotland) Act 1937, or by virtue of section 77 of that Act or of Part I of Schedule 2 to the Criminal Justice (Scotland) Act 1963, and the child is not absent from the school under supervision;'; and as if for the references to the Children and Young Persons Act 1933 and to section 53 thereof there were substituted respectively references to the Children and Young Persons (Scotland) Act 1937 and to section 57 thereof".

The Children Act 1948 (11 & 12 Geo. 6 c. 43)

In section 6(4), for the words from the beginning of the subsection to the words "said paragraph 6" there shall be substituted the words "Where under Part I of Schedule 2 to the Criminal Justice Act 1961 or, as the case may be, to the Criminal Justice (Scotland) Act 1963 a child is under the supervision of the managers of an approved school, and it appears to the managers that the child has no home or that his home is unsatisfactory, then with the consent of the managers".")

Schedule 5, page 36, line 7, at end insert— ("In section 9(1), for the words from "and of any subsequent proceedings" to "aggravation" there shall be substituted the words "and of laying it before a court as a previous conviction in subsequent proceedings for another offence".")

Schedule 5, page 36, line 13, at end insert— ("In section 70(2), for the words "seventy-seven and seventy-eight" there shall be substituted the words "and seventy-seven".")

Schedule 5, page 36,line 28, at end insert—

("In section 18—

in subsection (1), for the words from "and a secretary" to the end of the subsection there shall be substituted the words "of the Council";

in subsection (3), the words from "and (b)" to the word "subsistence" shall be omitted;

after subsection (3), there shall be inserted the following subsection:— (3A) The Secretary of State may provide the services of a secretary and such office accommodation at which communications will be received, as the Council may require".

In section 19(3), for the words from "the supervision" to the word "specified" there shall be substituted the word "supervision".")

Schedule 5, page 36, leave out lines 46 to 48 and insert— ("in subsection (3), for the words from the beginning to the words "so specified" there shall be substituted the words "A person shall, after his release from a borstal institution and until the expiration of one year from the date of his release, be required to be under the supervision of such person as may be specified in a notice to be given to him by the Secretary of State on his release, and shall, while under that supervision, comply with such other requirements as may be so specified".")

Schedule 5, page 37, line 39, leave out ("fifty") and insert ("twenty-five")

Schedule 5, page 37, line 46, leave out ("two hundred and fifty") and insert ("one hundred and fifty")

Schedule 5, page 40, line 7, at end insert— ("(3B) For the purposes of subsection (3) of this section, a previous conviction shall be disregarded after the expiration of a period of ten years from the date of that conviction, being a period exclusive of any period during which the offender was in custody under sentence in respect of the conviction.")

Schedule 6, page 41, line 17, column 3, at end insert—

("In section 86(1)(b), the words 'or upon the revocation of his licence'.

In section 91(5), the words 'on licence or'.")

Schedule 6, page 41, line 19, column 3, leave out ("and")

Schedule 6, page 41, line 21, column 3, at end insert ("and, in paragraph 12, the words 'on licence or', in both places where they occur")

Schedule 6, page 41, line 21, at end insert—

("8 & 9 Geo. 6. c. 41. The Family Allowances Act 1945. In section 26(3), the words from the beginning of the subsection to the words 'seventy-eight thereof;'.")

Schedule 6, page 41, line 33, column 3, at end insert—

("In section 70(2), the words 'and to supervision and recall'.")

Schedule 6, page 41, line 59, at end insert—

("8 & 9 Eliz. 2. c. 23. The First Offenders (Scotland) Act 1960. Section 1(4).
9 & 10 Eliz. 2. c. 39. The Criminal Justice Act 1961. In Schedule 4, the amendment of section 6 of the Children Act 1948.
In Schedule 5, the repeal in section 6 of the Children Act 1948.")

In the Title

Line 14, after ("arrest") insert ("and the service of process")

LORD CRAIGTON

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

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

On Question, Motion agreed to.