§ 168 Before Clause 48, insert the following new clause:
§ Interpretation of sections (Evidence of children through television link in criminal proceedings), (Transfer of cases in which child's evidence is to he given through television link) and (Identification of accused by a child)
§
'. In sections (Evidence of children through television link in criminal proceedings), (Transfer of cases in which child's evidence is to be given through television link) and (Identification of accused by a child) of this Act, unless the contrary intention appears—
'child' means a person under the age of 16 years;
'court' means the High Court of Justiciary or the sheriff court; and
'trial' means a trial under solemn or under summary procedure.'.
§ 8.45 p.m.
§ Lord Fraser of CarmyllieMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 168. In the course of the rather extended debate that we had regarding these new clauses, I believe that I have made all the points that I want to make. The noble and learned Lord is undoubtedly correct in saying that most of the applications which are made and which will be successful before judges will affect children below the age of 12. I certainly would not wish, for the reasons I have given, to see the provision cut off at the age of 12 and would prefer it to go to the age of 16.
Moved, That the House do agree with the Commons in their Amendment No. 168.—(Lord Fraser of Carmyllie.)