HL Deb 28 January 1975 vol 356 cc374-8

2.54 p.m.

The MINISTER of STATE, SCOTTISH OFFICE (LORD HUGHES)

My Lords, I beg to move that the House do now resolve itself into Committee on Recommitment on this Bill.

Moved, That the House do now resolve itself into committee on Recommitment.—(Lord Hughes.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL of LISTOWEL in the Chair.]

The Earl of LISTOWEL

This Bill has been amended by the Joint Committee on Consolidation Bills and further Amendments will be moved in Committee this afternoon. I will therefore go through the Bill in the usual way.

Clauses 1 to 109 agreed to.

Clause 110 [Where sentence delayed, original warrant of commitment stands]:

Lord HUGHES moved Amendment No. 1: Page 37, line 37, leave out ("Her Majesty's") and insert ("the Lord").

The noble Lord said: Throughout the Bill there are references to "the Lord Advocate", but in this clause the older designation, "Her Majesty's Advocate", has been used. In order to maintain consistency in the Bill, the reference currently in use is by this Amendment substituted in Clause 110. The term "Her Majesty's Advocate" will be preserved in the Bill only in relation to the indictment itself and related documents. Amendment No. 2, which I will move immediately after this Amendment has been dealt with, is on the same point. I beg to move.

On Question, Amendment agreed to.

Lord HUGHES

I beg to move Amendment No. 2 formally.

Amendment moved— Page 37, line 39, leave out ("Her Majesty's") and insert ("the Lord")—(Lord Hughes.)

On Question, Amendment agreed to.

Clause 110, as amended, agreed to.

Clauses 111 to 153 agreed to.

Clause 154 [Oral verdicts to be returned by juries]:

Lord HUGHES moved Amendment No. 3: Page 51, line 9, leave out ("orally").

The noble Lord said: This Amendment follows on a suggestion made in the Joint Committee on Consolidation Bills. As at present drafted the second leg of the proviso to Clause 154 provides that: … after the jury are enclosed, none of the jurors shall be allowed to separate or to hold communication with other persons until their verdict shall have been returned orally in their presence by the foreman. As was pointed out in the Joint Committee, that would lead to a position of stalemate in the exceptional case where the jury were required to return a written verdict. It is no longer the practice to have written verdicts in criminal trials, but the possibility of requiring a verdict to be given in writing has to be preserved in this consolidation Bill. I beg to move.

On Question, Amendment agreed to.

Clause 154, as amended, agreed to.

Clauses 155 to 266 agreed to.

Clause 267 [No fees exigible]:

Lord HUGHES moved Amendment No. 4: Page 98, line 31, leave out ("this Part") and insert ("any of the provisions contained in sections 228 to 279").

The noble Lord said: Clause 267 of the Bill provides that in general no court or other fees or expenses shall be exigible from, or awarded against, an appellant or applicant under Part I of the Bill. The reference to Part I of the Bill, namely this part of this Act, goes wider however than the enactment being consolidated, namely, section 26 of the Act of Adjournal 1926, No. 1373, which deals only with the procedure on appeals. This drafting Amendment restores the position by confining the reference to those clauses of the Bill which deal with appeals. I beg to move.

On Question, Amendment agreed to.

Clause 267, as amended, agreed to.

Clauses 268 to 332 agreed to.

Clause 333: [Offences by companies etc.]:

Lord HUGHES moved Amendment No. 5: Page 132, line 37, leave out from ("incorporation") to end of line 42.

The noble Lord said: Clause 333 derives from Section 25 of the Summary Jurisdiction (Scotland) Act 1954 which deals with offences by companies and other bodies. Paragraph (b)(iii) of Section 25 provides that a conviction of a company or other body may be libelled as an aggravation of any subsequent offence of the same nature by the same company … [or body] although the individuals charged and convicted are different.

Section 30(1) of the Criminal Justice (Scotland) Act 1963 provides, however, that Any rule of law or the provisions of any enactment which enable a previous conviction to be libelled as an aggravation of an offence shall cease to have effect.

That provision is consolidated in Clauses 159(1) and 356(1) of the Bill. I beg to move.

On Question, Amendment agreed to.

Clause 333, as amended, agreed to.

Clauses 334 to 461 agreed to.

Clause 462 [Interpretation]:

Lord HUGHES moved Amendment No. 6: Page 197, line 31, after "charged on" insert "petition or

The noble Lord said: This is a drafting Amendment to make it clear that references throughout Part I of the Bill relating to persons charged under solemn procedure apply to charges on petition, as well as to charges on indictment. Where it is proposed to charge an accused on indictment, the first step in procedure is to present a petition to the sheriff setting forth the criminal charge against him. That is followed up by the indictment itself upon which the prosecution at the jury trial proceeds. But the charge set forth in the petition often differs in material from the charge subsequently set forth in the indictment. It is therefore necessary to ensure by this Amendment that persons charged or petitioned as well as persons charged or indicted, are covered by the Bill. The definition of the word "charged" in Clause 462 is itself a matter of drafting in any case. I beg to move.

On Question, Amendment agreed to.

Clause 462, as amended, agreed to.

Remaining clauses agreed to.

Schedules 1 to 8 agreed to.

Schedule 9 [Enactments amended]:

Lord HUGHES

This is a drafting Amendment to take account of the pass-ing of the Health and Safety at Work Act 1974. I beg to move.

Amendment moved— Page 220, line 25, at end insert—

("The Health and Safety at Work etc. Act 1974 (1974 c. 37))

In section 34(5)(b), for the words "23(2) of the Summary Jurisdiction (Scotland) Act 1954" there shall be substituted the words "331(3) of the Criminal Procedure (Scotland) Act 1975"—(Lord Hughes.)

On Question, Amendment agreed to.

Schedule 9, as amended, agreed to.

Remaining Schedule agreed to.

House resumed: Bill reported with the Amendments.