§ [No. 34]
Clause 47, page 33, line 4, leave out subsection (5) and insert —
(5) References in subsections (3) and (4) above to a witness include any person who is a witness to character only and in respect of whom the court certifies that the interests of justice required his attendance but no sums shall be payable in pursuance of an order made under this section to or in respect of any witness who is a witness to character only and in respect of whom no such certificate is given.
§ THE LORD CHANCELLOR
My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 34. This Amendment removes an implication in the original wording of Clause 47 that the award of character witnesses expenses should be exceptional. Although this implication is removed by the Amendment, the court is still obliged to consider separately from other costs the question of costs for character witnesses and no distinction is made between a character witness called during the course of a trial and one called to give evidence in mitigation of sentence as this was not thought to be necessary or practical. A consequential 836 Amendment is made in Amendment No. 55. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ On Question, Motion agreed to.