HL Deb 21 July 1977 vol 386 cc436-7

37 Page 14, line 5, at end insert— (1A) Before so considering, the court—

  1. (a) shall cause the charge to be written down, if this has not already been done, and read to the accused; and
  2. (b) shall afford first the prosecutor and then the accused an opportunity to make representations as to which mode of trial would be more suitable."

38 Page 14, line 5, line 16, leave out "provisions of subsections (1) and (2) above" and insert "preceding provisions of this section"

39 Page 14, line 5, line 23, leave out from "shall" to "in" in line 25 and insert "explain to the accused"

40 Clause 22, page 15, line 3, leave out from "indictment," to end of line 39 and insert "the court shall tell the accused that the court has decided that it is more suitable for him to be tried for the offence by a jury, and shall proceed to inquire into the information as examining justices."

Lord HARRIS of GREENWICH

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 37 to 40 en bloc. The object of this group of Amendments is to simplify the procedure set out in Clauses 20 to 22 for determining the mode of trial of an "either way" offence. The changes have been suggested to us by the Justices' Clerks Society, and we think they represent a significant improvement in the proposed procedures.

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

On Question, Motion agreed to.