COMMONS AMENDMENT

HL Deb 25 March 1993 vol 544 cc449-50

33 Schedule 5, Page 40, line 25, at end insert: '() In section 350(1) (additional evidence)—

1. (a) for the words "after the close of that party's evidence and" there shall be substituted the words "at any time"; and
2. (b) in paragraph (b), for the words "time the party's evidence was closed" there shall be substituted the words "commencement of the trial".'.

Lord Rodger of Earlsferry

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 33. An unintended effect of Section 350(1) of the Criminal Procedure (Scotland) Act 1975 is to deprive parties of the right to lead additional evidence or to recall a witness after their case is closed. That right would otherwise be available by virtue of Section 4 of the Evidence (Scotland) Act 1852. A similar defect occurred in the solemn section of the Act. That was put right by legislation in 1987. The purpose of this legislation and this amendment is simply to make a corresponding change in the summary section of the Act.

Moved, That the House do agree with the Commons in their Amendment No. 33.—(Lord Rodger of Earlsferry.)

On Question, Motion agreed to.