§ 50 Clause 24, page 21, line 8, leave out from 'judge' to 'shall' in line 10 and insert—
- '(i) in giving a direction, whether or not sought under paragraph (b) below; or
- (ii) in response to a request made under that paragraph)'.
§ 51 Clause 24, page 21, line 15, after 'to' insert 'receive or'.
§ Lord MACKAY of CLASHFERN
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 50 and 51. May I take these two amendments together. The purpose of this amendment is really to make sure that the power that a judge has to recall a jury after they have retired to give them a direction which he should have given them during his summing up is not destroyed by the new arrangement. The intention is to preserve that power, and it looked possible that the way that the clause had been drafted to make arrangements for the jury might have given rise to the idea that the power was excluded. I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendments—(Lord Mackay of Clashfern.)
§ On Question, Motion agreed to.