§ 30 Schedule 5, Page 37, line 20, at end insert:
§ '(2) In section 20B (record of proceedings at judicial examination)—
- (a) in subsection (1), for the words "a shorthand writer" there shall be substituted the words "means of shorthand notes or by mechanical means";
- (b) after subsection (1), there shall be inserted the following subsections—
§ "(1A) A shorthand writer shall—
- (a) sign the shorthand notes taken by him of the questions, answers and declarations mentioned in subsection (1) above and certify the notes as being complete and correct; and
- (b) retain the notes.
§ (1B) A person recording the questions, answers and declarations mentioned in subsection (1) above by mechanical means shall—
- (a) certify that the record is true and complete;
- (b) specify in the certificate the proceedings to which the record relates; and
- (c) retain the record.
§ (1C) The prosecutor shall require the person who made the record mentioned in subsection (1) above, or such other competent person as he may specify, to make a transcript of the record in legible form; and that person shall—
- (a) comply with the requirement;
- (b) certify the transcript as being a complete and correct transcript of the record purporting to have been made and certified, and in the case of shorthand notes signed, by the person who made the record; and
- (c) send the transcript to the prosecutor."; and
- (c) for subsection (2) there shall be substituted the following subsection—
§ "(2) A transcript certified under subsection (1C) (b) above shall, subject to subsection (4) below, be deemed for all purposes to be a complete and correct record of the questions, answers and declarations mentioned in subsection (1) above."&
§ Lord Rodger of EarlsferryMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 30.
The purpose of the amendment is to allow similar procedures to be followed for the recording of judicial examinations to those which are proposed for general solemn trial proceedings in paragraph 1(8) of Schedule 5 to the Bill. That will enable the proceedings of judicial examination to be tape-recorded without the need for a shorthand writer to be present.
Moved, That the House do agree with the Commons in their Amendment No. 30.—(Lord Rodger of Earlsferry.)
§ On Question, Motion agreed to.