§ 3.8 p.m.
§ The Lord Chancellor (Lord Mackay of Clashfern)My Lords, I beg to move that the House do now resolve itself into Committee (on recommitment) on this Bill.
§ Moved. That the House do now resolve itself into Committee (on recommitment).—(The Lord Chancellor.)
§ On Question, Motion agreed to.
§ House in Committee (on recommitment) accordingly.
§ [The CHAIRMAN OF COMMITTEES in the Chair.]
§ Clauses 1 and 2 agreed to
§ Clause 3 [Postponed determinations]:
§ The Lord Chancellor moved Amendment No. 1:
§
Page 5, line 14, at end insert:
§
("( ) Where the court has sentenced the defendant under subsection (7) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in section 2(5) (b) (ii) or (iii) of this Act, so long as it does so within a period corresponding to that allowed by section 47(2) or (3) of the Supreme Court Act 1981 (time allowed for varying a sentence) but beginning with the end of the specified period.").
§ The noble and learned Lord said: This amendment and Amendment No. 2 are necessary to bring into the consolidation an amendment made to the Criminal Justice and Public Order Bill during its Committee stage in your Lordships' House. That amends Section 1A of the Drug Trafficking Offences Act 1986, to remove a practical difficulty which may prevent the court from passing certain kinds of sentences on a defendant after it has decided to exercise its power under Section 1A to postpone making a determination under Section 1 as to whether a defendant has benefited from drug trafficking or as to the amount to be recovered from him, so that further information can be obtained. The Joint Committee on Consolidation Bills was informed that the Government would move amendments in the same terms to this consolidation Bill.
§ The second amendment to the third schedule is, as I have said, a consequential amendment to repeal the amending provision in the Criminal Justice and Public Order Bill which will be spent when the consolidation comes into force. I beg to move.
§ On Question, amendment agreed to.
§ Clause 3, as amended, agreed to.
§ Clauses 4 to 69 agreed to.
§ Schedules 1 and 2 agreed to.
§ Schedule 3 [Repeals]:
§ The Lord Chancellor moved Amendment No. 2:
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Page 61, line 13, at end insert:
| ("1994 c.00. | The Criminal and Public Order Act1994. | Justice In Schedule 9, para- graph 26.") |
§ The noble and learned Lord said: I have already spoken to this amendment. I beg to move.
§ On Question, amendment agreed to.
§ Schedule 3, as amended, agreed to.
§ House resumed: Bill reported with amendments.