§ 30 Clause 6, page 7, line 39, leave Out 'It' and insert 'Subject to sections 20B(2) and 76(1)(b) of this Act, on the application of either an accused or the prosecutor, the court may refuse to allow the record or sonic part of the record to be read to the jury; and at the hearing of such application it'.
31 Clause 6, page 7, line 45, leave out subsection (3) and insert—
'(3) "Record" in subsection (2) above comprises, as regards any trial, each record included, under section 78(2) of this Act, in the list of productions.'
32 Page 8, leave out line 3 and insert—
(4) For section 352 of the 1975 Act (accused's declaration in summary proceedings to be received in evidence without being sworn to by witnesses), there shall be substituted'.
§ 33 Page 8, line 5, leave out '352A' and insert '352'.
§ 34 Page 8, line 5, leave out 'subsections (2) and (3)' and insert 'subsection (2)'.
§ 35 Page 8, line 6, leave out '20A(3)' and insert '20B'.
§ 36 Page 8, line 7, after 'Act' insert '(with any rectification, authorised under subsection (4) of that section, incorporation),'.
§ 37 Page 8, line 7, leave out second 'the' and insert 'an'.
§ 38 Page 8, line 10, leave out 'It' and insert 'Subject to section 20B(2) of this Act and to subsection (4) below, on the application of either an accused or the prosecutor, the court may refuse to admit the record or some part of the record as evidence; and at the hearing of such application it'.
39 Page 8, line 16, leave out subsection (3) and insert—
'(3) "Record" in subsection (2) above comprises, as regards any trial, each record which it is sought to have received in evidence under subsection (1) above.'.
§ 40 Page 8, line 21, leave out '(3)' and insert '(2)'.
§ Lord MACKAY of CLASHFERN
My Lords, I beg to move that the House doth agree with the Commons in their Amendments Nos. 30 to 40 en bloc.
§ Lord McCLUSKEY
My Lords, before we leave the clause, I say one word in reply to the noble Lord, Lord Foot. acknowledge that I have never disputed 1786 that the amendments made both in this House and in the other place improve the rights of the accused person, to which Clause 6 relates. However, all these changes and all these new and complicated procedures have become necessary only because the most basic right of all—namely, the right of silence—is being substantially impaired by the clause.
It may be that in the fullness of time the clause will gather friends, though I doubt it. I think that it will merely cause delay and substantial expense. It may gather a few friends among practitioners with the benefit of legal aid behind them. The clause needs friends because it has none at the moment.
§ Moved, That this House doth agree with the Commons in the said amendments.—(Lord Mackay of Clashfern.)
§ On Question, Motion agreed to.