HL Deb 20 May 1985 vol 464 cc74-5

15 Clause 15, page 12, line 23, at end insert— (" "binding over proceedings" means any proceedings instituted (whether by way of complaint under section 115 of the Magistrates' Courts Act 1980 or otherwise) with a view to obtaining from a magistrates' Court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour;").

19 Clause 15 page 13, line 19, leave out from ("Act") to ("shall") in line 21 and insert ("binding over proceedings").

For the further convenience of the House, I propose that we should consider Amendments Nos. 3, 7, 8, 9, 10, 12, 13 and 14 together in one group; Amendments Nos. 4, 5 and 6 together; Amendments Nos. 16 and 17 together; Amendments Nos. 21 and 22 together; and Amendments Nos. 24, 25, 26 and 28 together. I propose that we should consider the other amendments singularly save for Amendments Nos. 29 and 32 which I suggest should also be taken together. I hope that in saying that I have not confused the noble and learned Lord opposite.

Clause 3(2)(c) of the Bill, as it left your Lordships, placed a duty on the new service to take over the conduct of proceedings instituted by way of complaint under Section 115 of the Magistrates' Courts Act 1980. In that way we had sought to ensure that the new service would take over the conduct of all proceedings instituted by the police that resulted in the offender being bound over by the justices. We found that we had not quite met this objective with the clause as it was then drafted, and these amendments were moved in another place to ensure that it could be met. These amendments are therefore essentially technical ones designed to ensure that the clause secures its objective which is that the new service will take over the conduct of all binding-over proceedings instituted by the police. On that basis I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Glenarthur.)

The Deputy Speaker (Viscount Simon)

My Lords, the Question is that this House do agree with the Commons in their Amendments Nos. 1 and 2 en bloc.

Lord Elwyn-Jones

My Lords, I am in full agreement with what is proposed. It is clearly desirable that the independent prosecution service should have as wide a remit as possible and what is suggested is eminently sensible.

On Question, Motion agreed to.