§ 92 Clause 48, page 29, line 32, after 'with' insert 'offenders in respect of.'
§ 93 Page 30, line 4, leave out from beginning to 'provision' in line 12 and insert—
§ '(b) may apply, with or without modifications, any enactment contained in—
- (i) the Powers of Criminal Courts Act 1973;
- (ii) the Criminal Law Act 1977; or
- (iii) any other Act not mentioned in paragraph (a) above; and
§ (c) may make such incidental or consequential provision as the Secretary of State considers necessary or expedient.
§ (3A) Without prejudice to the generality of this section, an order under this section may make—
§ '(a)'
Earl FerrersMy Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 92 and 93 en bloc
Clause 48 enables the Secretary of State by order to empower service courts (courts-martial and standing civilian courts) overseas to suspend wholly or partly prison sentences which they impose on civilians under their jurisdiction. Ordinary criminal courts would have power to deal with offenders who breached such orders. The amendments make technical improvements to make it clear that the courts have power to say how the offender should be dealt with and to make clear that the power to make an order under this clause includes a power to apply, with appropriate modifications if required, those Acts which are relevant to a civilian court dealing with a suspended sentence imposed by a court martial or standing civilian court.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 92 and 93.—(Earl Ferrers.)
§ On Question, Motion agreed to.