§ [Nos.5–7.]
§ Clause 4, page 4, line 35, leave out from 'Act' to end of line 37.
§
Clause 4, Page 5, line 10, at end insert—
'(3A) This section also applies to a person who has been convicted of an offence and whose case is adjourned by the court for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence.'
§
Clause 4, Page 5, line 12, at end insert—
'(4A) In Schedule 1 to this Act "the defendant" means a person to whom this section applies and any reference to a defendant whose case is adjourned for inquiries or a report is a reference to a person to whom this section applies by virtue of subsection (3A) above.'
§ 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 5, 6 and 7 en bloc. This group of Amendments widens the application of Clause 4 of the Bill (which creates a presumption in favour of the grant of bail) so that it applies not only to accused persons but also to persons who are convicted of an offence and who are remanded before sentence for inquiries or a report to be made. The circumstances in which bail need not be granted to such a person are set out in the Amendments to Schedule 1. They include the same circumstances as for accused persons. In addition the Amendments provide that bail tray also be refused to convicted persons remanded for inquiries or a report if it would be impracticable to complete the inquiries or make the report without keeping the defendant in custody. I beg to move that this House doth agree with the Commons in the said Amendments.
§ Moved, That this House doth agree with the Commons in the said Amendments—(Lord Harris of Greenwich.)
Lord HALISHAM of SAINT MARYLEBONEMy Lords, again I think it is futile to have a long debate about this. I have much greater doubts about the circumstances in which bail should be granted to convicted persons when they are remanded for any reason, but I do not think we ought to take up the time of the House. The Government have made their decision and the Commons have had a debate.