HL Deb 27 October 1976 vol 376 cc542-3

1. For the purposes of this Schedule We question whether an offence is one which is punishable with imprisonment shall be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.

2. References in this Schedule to previous grants of bail in criminal proceedings include references to bail granted before the coming into force of this Act.

3. References in this Schedule to a defendant's being kept in custody or being in custody include (where the defendant is a child or young person) references to his being kept or being in the care of a local authority in pursuance of a warrant of commitment under section 23(1) of the Children and Young Persons Act 1969.

4. In this Schedule— court", in the expression "sentence of court" includes a service court as defined in section 12(1) of the Visiting Forces Act 1952 and "sentence", in that expression, shall be construed in accordance with that definition; default", in relation to the defendant, means the default for which Le is to be dealt with under secton 6 or section 16 of the Powers of Criminal Courts Act 1973; the Services Acts" means the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.'


My Lords, I beg to move that the House doth agree with the Commons in their Amendment No. 31. I should like to speak to this fairly briefly because we have covered the ground of this issue in the debates on earlier Amendments. The new Part II of Schedule 1 applies to defendants who are accused or convicted of an offence which is not punishable with imprisonment. This new Part II has been introduced in accordance with the undertakings to which I have already referred. The new Part III contains interpretative provisions applying to both the new Part I and the new Part II. I beg to move.

Moved, That the House doth agree with the Commons in the said Amendment.—(Lord Harris of Greenwich.)


My Lords, I do not think that we need take any time over this. But just look at all the extra words we are adding to the Statute Book.


My Lords, I beg to move the following Amendment, Amendment No. 31A, as an Amendment to Commons Amendment No. 31. It is consequential on Amendment No. 31.

Amendment to Amendment moved—

[No. 31A.]

In paragraph 2 (Exceptions to right to bail) leave out sub-paragraph (b) and insertt— ("(b) the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody.")

On Question, Whether the House doth agree with the Commons in their Amendment No. 31 as amended?