HL Deb 24 October 1972 vol 335 cc2122-3

[No. 1]

Clause 14, page 13, line 4, at end insert— (9) On making a community service order the court shall in ordinary language explain to the offender—

  1. (a) the purpose and effect of the order (and in particular the requirements of the order as specified in section 15 of this Act);
  2. (b) the consequences which may follow under section 16 if he fails to comply with any of those requirements; and
  3. (c) that the court has under section 17 the power to review the order on the application either of the offender or of a probation officer."

[No. 2]

The Commons agreed to this Amendment, but proposed the following Amendment thereto: Line 1, leave out "On" and insert "Before".


My Lords, there is a slight Freudian slip in the Order Paper here. I know that we have our old friend, the Criminal Justice Bill, back, but at least we are not "continuing" the consideration of the Commons Amendments. I hope that we shall not have to spend too long on this. The first Amendment that I have to deal with is Commons Amendment No. 2, to the Lords Amendment that is printed No. 1. This is a very simple point. A community service order is like a probation order: you must have the consent of the person on whom it is thought suitable to be passed before the court can actually pass it, and the whole point of the explanation is to make sure that his consent is given in terms that he really understands the significance of the community service order. Members of another place saw that the requirement in the Bill, as drafted, which is in the Bill as a result of the endeavours of the noble Baroness, Lady Wootton of Abinger, was that the explanation was to be given "on" making the order. That must be wrong. It should be before" making the order. That is the alteration that this Amendment makes, and I beg to move that this House doth agree with the Commons in their Amendment No. 2.

Moved, That this House doth agree with the Commons in their Amendment to the Lords Arnendment.—(Viscount Colville of Culross.)

On Question, Motion agreed to.