§ [Nos.3–4.]
§
Clause 3, page 4, line 8, at end insert—
'(d) he makes himself available for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence'
§ Clause 3, page 4, line 30, leave out without prejudice to subsections (3) to (4) 'and insert subject to subsection (3)'
§ Lord HARRIS of GREENWICHMy Lords, with the leave of the House, I beg to move that this House doth agree with the Commons in their Amendments Nos.3 and 4. These Amendments are consequential on the later amendments to Clause 4, which extend to persons remanded for inquiries after conviction the presumption in favour of the grant of bail which is created by that clause. The first Amendment is to Clause 3(6), which gives a court power when granting bail to impose "such requirements as appear to the court to be necessary to secure that the defendant surrenders to custody, does not commit an offence while on bail, and does not interfere with witnesses or otherwise obstruct the course of justice". This Amendment enables the court, when remanding a person on bail for inquiries or a report, to impose a condition that the defendant will make himself available for the purpose of enabling the inquiries or report to be made.
The second Amendment amends Clause 3(9) of the Bill, which, in its present form is designed to preserve 518 Section 26(3) and (4) of the Magistrates' Courts Act 1952. Its effect is to remove from Clause 3(9) the reference to Section 26(4) (relating to inquiries to be made on committal for trial) which is to be repealed as no longer required. I beg to move that this House doth agree with the Commons in the said Amendments.
§ Moved, That this House Goth agree with the Commons in the sail Amendments—(Lord Harris of Greenwich.)
§ Lord HAILSHAM of SAINT MARYLEBONEI have rather greater doubt about this, but I do not think we will proceed with the matter in any detail, so therefore I will say no more.