HL Deb 20 January 1970 vol 307 cc62-6

Costs awarded by magistrates

13. Where a magistrates' court, on the summary trial of an information, makes an order as to costs to be paid by the prosecutor to the accused.

14. Where an appellant to quarter sessions from a magistrates' court (otherwise than against conviction or sentence) abandons his appeal and the magistrates' court orders him to pay costs to the other party to the appeal.

15. Where examining justices determine not to commit a person for trial and order the prosecutor to pay the whole or part of the costs incurred in or about the defence.

Costs awarded by assizes and quarter sessions

16. Where a person appeals to quarter sessions from a magistrates' court (otherwise than against conviction or sentence) and quarter sessions makes an order as to costs to be paid by the appellant or respondent.

17.Where a person is prosecuted or tried on indictment or inquisition before a court of assize or quarter sessions and is acquitted, and the court orders the prosecutor to pay the whole or part of the costs incurred in or about the defence.

18. Where a person is committed for trial and is not ultimately tried, and the court to which he is committed orders the prosecutor to pay to him the whole or part of the costs incurred in or about the defence.

19.Where the prosecutor is ordered by quarter sessions to pay costs, under powers exercisble by virtue of section 14(2) or (3) of the Costs in Criminal Cases Act 1952 (committal or appeal to quarter sessions under Vagrancy Act 1824).

Criminal costs awarded by High Court

20. Where a person is tried at bar in the Queen's Bench Division of the High Court and is acquitted, and the High Court orders the prosecutor to pay the whole or part of the costs incurred in or about the defence.

Schedule 9, page 46, line 20, at end insert:

(" 33 & 34 Vict.c.23. The Forfeiture Act 1870. In section 4, the words from 'and the amount' onwards.")

The noble and learned Lord said: My Lords, may I take Amendments Nos. 39 and 40 together. Your Lordships may remember that I spoke to these Amendments in dealing with Amendment No. 4. I beg to move.

On Question, Amendments agreed to.

THE LORD CHANCELLOR moved Amendments Nos. 41 and 42:

Page 46, line 21, column 3, at beginning insert— ("In section 6, the words" in any division thereof".")

Page 46, line 24, column 3, leave out from ("words") to ("to") in line 26 and insert (" before a judge of the Chancery Division" and the words from "and, subject to any" ")

The noble and learned Lord said: My Lords, if I may take Amendments Nos. 41 and 42, these two related Amendments are purely to correct minor drafting slips in the repeals Schedule. Although I shall explain anything which the House desires to be explained, I am hoping that the House may at this hour accept the fact that they are merely minor drafting slips which these two Amendments would correct.

On Question, Amendments agreed to.

THE LORD CHANCELLOR moved Amendments Nos. 43 to 46:

Page 46, line 39, at end insert—

("23 & 24 Geo. 5. c.12. The Children and young Persons Act 1933. Section 55(4).
23 & 24 Geo. 5. c.38. The Summary Jurisdiction (Appeals) Act 1933. Section 5(2).
11 & 12 Geo. 6. c. 58. The Criminal Justice Act 1948. Section 11 (3).")

Page 46, line 40, column 3, leave out (" and (2) ") and insert (" to (3) ")

Page 46, line 44, column 3, at beginning insert— (" In section 34, the words from"and any sum" onwards.")

Page 46, line 46, column 3, at end insert— ("Section 85(3).")

The noble and learned Lord said: My Lords, if I may move Amendments Nos. 44, 45 and 46 with Amendment No. 43, your Lordships may remember that I dealt with these when speaking to Amendment No. 4. I beg to move.

On Question, Amendments agreed to.

THE LORD CHANCELLOR moved Amendment No. 47:

Page 47, line 20, at end insert—

("1966 c. 31. The Criminal Appeal Act 1966. Section 1(4) and (6)(b)
Section 2(2).")

The noble and learned Lord said: My Lords, the repeals effected by this Amendment are consequential on the new Clause 4A. Section 1(4) of the 1966 Act empowers a judge of the Queen's Bench Division to exercise the powers exercisable (under the old law) by a judge of the Court of Criminal Appeal or (under the new law) by a judge of the Court of Appeal. This provision,in so far as it is not already spent, is superseded by Clause 4A(3). Section 2(2) of the 1966 Act provides for the constitution of a Court of the Criminal Division. It is superseded by Clause 4A(1) and (2). I beg to move.

On Question, Amendment agreed to.

THE LORD CHANCELLOR moved Amendment No. 48:

Page 47, line 32, at end insert—

("1969 c. 54. The Children and Young Persons Act 1969. In section 3(6), the word 'and' at the end of paragraph (b), and paragraph (c).")

The noble and learned Lord said: My Lords, your Lordships may remember that I dealt with this Amendment in speaking to Amendment No. 4. I beg to move.

VISCOUNT COLVILLE OF CULROSS

My Lords, it is very sad that that part of the Children and Young Persons Act should have died so young. May I say, as we finish this Report stage—although I know that the noble and learned Lord has a formal Amendment to the title— that I am very grateful for the explanations that he has given on this Bill, for he has helped by explaining some of his propositions and some of his thoughts about administrative action to bring it into force. I also know that the debates which we have had—at any rate in the Committee stage, and I hope the same will apply to-day—have helped many other people to understand the practical application of this Bill; and I understand that a number of them are considerably happier than they were before. I do not know whether that applies to everybody, but I believe that in his explanations the noble and learned Lord really has gone a long way to help some members of the public who found it very difficult to understand.

On Question, Amendment agreed to.

THE LORD CHANCELLOR moved Amendment No. 49: Line 4, after ("liabilities") insert ("to amend section 106 of the Rent Act 1968").

The noble and learned Lord said: My Lords, before moving this Amendment, perhaps I may say that I am most grateful to the noble Viscount for what he has said, and for the evident work which he himself has done on this Bill. I am afraid that it is all of a somewhat technical character. It is bad enough for lawyers and not of great interest to those who are not. Of course, the abolition of imprisonment for debt and the substitution of attachment of earnings will affect a great many people, as will, of course, those clauses which we have not had to discuss a great deal on the Report stage but which will afford some measure of protection to those mortgagors who might otherwise have lost their homes. The constitution for the first time of a Family Division in our High Court of Justice is also a rather technical matter.

My Lords, the last Amendment, Amendment No. 49, which is to the Title, I dealt with in moving Amendment No. 31, and accordingly I beg to move.

On Question, Amendment agreed to.

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