HL Deb 25 March 1993 vol 544 cc450-1

34 Schedule 5, Page 40, line 34, at end insert:

'() In section 442(1) (b) (ii) (prosecutor's appeal against sentence on point of law), for the words "in such proceedings" there shall be substituted the words "on such conviction".

() In section 442B (method of appeal against sentence alone)—

  1. (a) after the words "Where a" there shall be inserted the word "convicted";
  2. (b) after the word "Act", where it first occurs, there shall be inserted the words ", or the prosecutor desires so to appeal by virtue of section 442(1) (c) thereof,"; and
  3. (c) for the proviso there shall be substituted the words "; but nothing in this section shall prejudice any right to proceed by bill of suspension, or as the case may be advocation, against an alleged fundamental irregularity relating to the imposition of the sentence.".

() In section 452A (disposal of stated case appeal)—

  1. (a) in subsection (1), after the word "subject" there shall be inserted the words "to subsection (2) below and"; and
  2. (b) for subsection (2) there shall be substituted the following subsection—

"(2) The High Court shall, in an appeal—

  1. (a) against both conviction and sentence, subject to section 453D(1) of this Act, dispose of the appeal against sentence; or
  2. (b) by the prosecutor, against sentence, dispose of the appeal,
by exercise of the power mentioned in section 453C(1) of this Act.".

() In section 453B (appeals against sentence only)—

  1. (a) in each of subsections (1), (7) and (8), after the words "442(1) (a) (ii)" there shall be inserted the words ", or by virtue of section 442(1) (c),";
  2. (b) for subsection (2) there shall be substituted the following subsection—

"(2) The note of appeal shall, where the appeal is—

  1. (a) under section 442(1) (a) (ii) be lodged, within one week of the passing of the sentence, with the clerk of the court from which the appeal is to be taken; or
  2. (b) by virtue of section 442(1) (c) be so lodged within four weeks of such passing.";
  3. (c) in subsection (6), for the word "(2)" there shall be substituted the words "(2) (a)"; and
  4. (d) in subsection (8), at the end, there shall be added the words "except that, for the purposes of such application to any appeal by virtue of section 442(1) (c), references in subsections (1) to (3) of section 446 to the appellant shall be construed as references to the convicted person and subsections (4) and (5) of section 446 shall be disregarded".

() In section 453C(3) (powers of High Court at time of disposal of appeal)—

  1. (a) after the words "442(1) (a) (ii)" there shall be inserted the words ", or by virtue of section 442(1) (c),"; and
    2. 451
  2. (b) for the word "appellant", in each place where it occurs, there shall be substituted the words "convicted person".'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 34. In speaking to Amendment No. 7, I also spoke to Amendment No. 34.

On Question, Motion agreed to.