HL Deb 06 February 1995 vol 561 cc83-96

7.34 p.m.

Consideration of amendments on Report resumed.

Clause 43 [Appeal by accused in case involving insanity]:

Lord Fraser of Carmyllie moved Amendment No. 78:

Page 38, line 17, leave out from ("(b)") to end of line and insert (", or both paragraphs (b) and (c), of that subsection, not later than 28").

The noble and learned Lord said

My Lords, in speaking to Amendment No. 78, perhaps I may also speak to Amendments Nos. 79 to 83.

I undertook in response to amendments moved in Committee by the noble Lord, Lord Macaulay, to reconsider the time limits we have provided for appeals by accused persons against the findings of and disposals made at examinations of facts and against the disposals made when a person is acquitted at his trial on the ground of insanity.

I accepted that seven days was too short a period in those circumstances. In giving thought to what might be appropriate alternatives, I have had regard to the various periods specified in the 1975 Act in relation to appeals in both solemn and summary proceedings. But I consider it neither necessary nor appropriate to replicate their complexity.

I entirely accept the noble Lord's reasoning behind the Committee stage amendments that lawyers may face difficulty, particularly in relation to the preparation of these appeals, in obtaining proper instructions from the accused. My view is that this problem is likely to be most acute in relation to appeals against the findings at examinations of facts; that is, that the accused did the act charged. That seems to me to be the category of appeal which might involve the most work to prepare and lodge. I seek to draw no distinction between solemn and summary cases and propose a time period of four weeks.

As regards appeals against the disposal made after an examination of facts or after a trial, acquittal on the grounds of insanity, I would propose a shorter period of two weeks. I hope that that is acceptable to your Lordships. I beg to move.

Lord Macaulay of Bragar

My Lords, I wish to put on record my gratitude to the Minister for his humane understanding of the problems faced by solicitors in cases such as those to which the clause refers and for taking note of what was said at Committee stage.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendments Nos. 79 to 83:

Page 38, line 19, at end insert: ("(iii) in the case of an appeal under paragraph (c) of that subsection against an order made on an acquittal, by virtue of section 174(2) or I74ZA(3) of this Act, on the ground of insanity at the time of the act or omission, not later than 14 days after the date of the acquittal; (iv) in the case of an appeal under that paragraph against an order made on a finding under section 174ZA(2), not later than 14 days after the conclusion of the examination of facts,").

Page 38, line 42, at end insert: ("( ) Section 280 of this Act shall not apply in relation to any order as respects which a person has a right of appeal under subsection (1) (c) above.").

Page 39, line 11, leave out from ("(b)") to end of line and insert (", or both paragraphs (b) and (c), of that subsection, not later than 28").

Page 39, line 13, at end insert: ("(iii) in the case of an appeal under paragraph (c) of that subsection against an order made on an acquittal, by virtue of section 375(3A) or 375ZA(3) of this Act, on the ground of insanity at the time of the act or omission, not later than 14 days after the date of the acquittal; (iv) in the case of an appeal under that paragraph against an order made on a finding under section 375ZA(2), not later than 14 days after the conclusion of the examination of facts,").

Page 39, line 34, at end insert: ("( ) Section 443 of this Act shall not apply in relation to any order as respects which a person has a right of appeal under subsection (1) (c) above.").

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 84: Before Clause 48, insert the following new clause:

Criminal Courts Rules Council

(" .—(1) There shall be established a body, to be known as the Criminal Courts Rules Council (in this section referred to as "the Council") which shall have the functions conferred on it by subsection (8) below.

(2) The Council shall consist of—

  1. (a) the Lord Justice General, the Lord Justice Clerk and the Clerk of Justiciary;
  2. (b) a further Lord Commissioner of Justiciary appointed by the Lord Justice General;
  3. (c) the following persons appointed by the Lord Justice General after such consultation as he considers appropriate—
    1. (i) two sheriffs;
    2. (ii) two members of the Faculty of Advocates;
    3. (iii) two solicitors;
    4. (iv) one sheriff clerk; and
    5. (v) one person appearing to him to have a knowledge of the procedures and practices of the district court;
  4. (d) two persons appointed by the Lord Justice General after consultation with the Lord Advocate, at least one of whom must be a procurator fiscal;
  5. (e) two persons appointed by the Lord Justice General after consultation with the Secretary of State, at least one of whom must be a person appearing to the Lord Justice General to have—
    1. (i) a knowledge of the procedures and practices of the courts exercising criminal jurisdiction in Scotland; and
      2. 85
    2. (ii) an awareness of the interests of victims of crime and of witnesses in criminal proceedings; and
  6. (f) any persons appointed under subsection (3) below.

(3) The Lord Justice General may appoint not more than two further persons, and the Secretary of State may appoint one person, to membership of the Council.

(4) The chairman of the Council shall be the Lord Justice General or such other member of the Council, being a Lord Commissioner of Justiciary, as the Lord Justice General may nominate.

(5) The members of the Council appointed under paragraphs (b) to (f) of subsection (2) above shall, so long as they retain the respective qualifications (if any) mentioned in those paragraphs, hold office for three years and be eligible for reappointment.

(6) Any vacancy in the membership of the Council by reason of the death or demission of office, prior to the expiry of the period for which he was appointed, of a member appointed under any of paragraphs (b) to (f) of subsection (2) above shall be filled by the appointment by the Lord Justice General or, as the case may be, the Secretary of State, after such consultation (if any) as is required by the paragraph in question, of another person having the qualifications (if any) required by that paragraph, and a person so appointed shall hold office only until the expiry of that period.

(7) The Council shall meet—

  1. (a) at intervals of not more than 12 months; and
  2. (b) at any time when summoned by the chairman or by three members of the Council,
but shall, subject to the foregoing, have power to regulate the summoning of its meetings and the procedure at such meetings.

(8) At any meeting of the Council six members shall be a quorum.

(9) The functions of the Council shall be—

  1. (a) to keep under general review the procedures and practices of the courts exercising criminal jurisdiction in Scotland (including any matters incidental or relating to those procedures or practices); and
  2. (b) to consider and comment on any draft Act of Adjournal submitted to it by the High Court, which shall, in making the Act of Adjournal, take account to such extent as it considers appropriate of any comments made by the Council under this paragraph.

(10) In the discharge of its functions under subsection (9) above the Council may invite representations on any aspect of the procedures and practices of the courts exercising criminal jurisdiction in Scotland (including any matters incidental or relating to those procedures or practices) and shall consider any such representations received by it, whether or not submitted in response to such an invitation.

(11) Except where the context otherwise requires, expressions used in this section and in the 1975 Act have the same meaning in this section as in that Act.").

The noble and learned Lord said: My Lords, noble Lords with a knowledge of Scottish criminal procedure will be aware that the High Court has had a long-standing power under statute to make secondary legislation, by Act of Adjournal, regulating practice and procedure in the criminal courts. This power is now exercised under Sections 282 and 457 of the Criminal Procedure (Scotland) Act 1975.

Existing legislation makes no provision for the High Court to consult in exercising its powers. This contrasts with the arrangements for preparing Acts of Sederunt, which regulate civil court procedure in Scotland and under which there are rules councils for the court of session and sheriff courts with a membership representing the judiciary and court users.

I am pleased therefore to be able to introduce this provision which provides for the setting up under statute of a rules council for criminal court proceedings. The new council will have broadly comparable functions to the existing rules councils for civil court business and will provide a structured consultative forum for considering and commenting on proposals for changes to the rules of court. In this way the new body will assist the High Court in discharging its powers for making Acts of Adjournal.

Subsections (2) and (3) of the new clause make provision for the membership of the council. In drawing up the membership framework care has been taken to involve those with practical experience of working in the courts and operating the rules.

During the debate on this Bill, as happened earlier this afternoon, there has been considerable attention paid to the interests of victims in the operation of the criminal justice system. Noble Lords, therefore, will wish to note that provision has been made for involving in the new council a member who combines a knowledge of criminal court practices and procedures with an awareness of the interests of victims and witnesses in those proceedings.

The new arrangements are based on discussions with the Lord Justice General, whose suggestion it was that this change might be made. I beg to move.

Lord Macaulay of Bragar

My Lords, we regard this as a significant piece of legislation in relation to the criminal procedure in Scotland. It is most welcome.

On Question, amendment agreed to.

[Amendment No. 85 not moved.]

Clause 49 [Prints, samples etc. in criminal investigations]:

Lord Fraser of Carmyllie moved Amendment No. 86:

Page 44, line 44, leave out from ("constable") to ("take") in line 45 and insert ("may, within the permitted period— (a)")

The noble and learned Lord said: My Lords, I shall speak also to Amendments Nos. 87, 88 and 89. They are technical in nature and I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendments Nos 87 to 89:

Page 45, line 3, leave out ("may,").

Page 45, line 10, leave out (", within the permitted period,").

Page 45, line 18, leave out ("(3) (a)") and insert ("(2)").

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 90: After Clause 52, insert the following new clause:

Time limit for summary prosecution of statutory offences

(" .—(1) Section 331 of the 1975 Act (time limit for summary prosecution of statutory offences) shall be amended as follows.

(2) In subsection (1), after the words "in respect of" there shall be inserted "any offence triable only summarily and consisting of".

(3) Subsection (2) shall cease to have effect.").

The noble and learned Lord said: My Lords, I shall speak also to Amendments Nos. 127 and 130. On Second Reading I indicated that we were looking at certain inconsistencies which exist in time-bar provisions in respect of the summary prosecution of certain offences. The principal statute provision is Section 331 of the 1975 Act, which imposes a general bar against commencing summary proceedings in relation to statutory offences more than six months after the date of contravention. However, this section does not apply where the statute or order which creates the particular offence specifies its own time limit.

I am not in the habit of introducing government amendments by explaining first what they do not do. However, on this occasion, it might help to set the context. First, the amendments will not disturb any time bars in relation to the summary prosecutions of offences where, as I have indicated, the statute creating the offence specifies its own period. These time limits have been set in the light of the nature and circumstances of the offence in question. There is no need therefore to revisit them or to alter them.

Nor, and as importantly, do the amendments disturb the application of Section 331 to statutory offences which can be prosecuted only summarily. It is, indeed, desirable in the interests of justice that such lesser offences should be dealt with quickly.

A problem does, however, arise with statutory offences which are triable either summarily or on indictment. These are by definition more serious offences than those to which I have just referred. The existence of a general time bar of six months on a summary prosecution of offences causes particular difficulty in relation to offences contained in GB or UK statutes because there is no comparable general time bar on a summary prosecution of what are known as "either way" offences in England and Wales unless the statute specifically sets a time limit.

The unwelcome result is that the Crown in Scotland may be barred from prosecuting such offences there which the Crown Prosecution Service could prosecute in England when the offence does not come to light within the six month period. I am sure that noble Lords familiar with the Scottish system will appreciate that this is a growing problem given the increasing number of investigative functions which now fall to agencies other than the police.

The two minor amendments within the group repeal the last remnants of Section 331 of the 1975 Act, which were left in place in error when the bulk of that section was repealed in the Incest and Related Offences (Scotland) Act 1986. I beg to move.

On Question, amendment agreed to.

Clause 54 [Legal aid in criminal appeals]:

[Amendment No. 91 not moved.]

Clause 55 [Supervision and care of persons diverted from prosecution or subject to supervision requirement etc.]:

Lord Rodger of Earlsferry moved Amendment No. 92:

Page 48, line 45, after ("174ZC(2) (d)") insert ("or 375ZC(2) (d)").

The noble and learned Lord said: My Lords, this amendment has already been spoken to. I beg to move.

On Question, amendment agreed to.

Lord Rodger of Earlsferry moved Amendment No. 93: After Clause 73, insert the following new clause:

Forfeiture: district court

(" .—(1) Where, in respect of any offence tried in the district court, the accused is convicted or (without proceeding to conviction) an order is made discharging him absolutely the court may, if it is satisfied on the application of the prosecutor that any moveable property which was at the time of the offence or of the accused's apprehension in his ownership or possession or under his control—

  1. (a) has been used for the purpose of committing, or facilitating the commission of, any offence; or
  2. (b) was intended to be used for that purpose,
order that the property shall be forfeited to and vest in the Crown or such other person as the court may direct.

(2) Any application under subsection (1) above shall be made following upon the conviction of the accused or, as the case may be, the finding that he committed the offence with which he was charged.

(3) Where, by itself, the use of property constitutes an offence in whole or in part, that property shall be regarded for the purpose of subsection (1) (a) above as used for the purpose of committing the offence, unless the enactment which created the offence expressly excludes the application of this section.

(4) Subject to subsection (5) below, where the accused is convicted of an offence under any enactment, the court shall not be precluded from making an order under subsection (1) above in respect of any property by reason only that the property would not be liable to forfeiture under that enactment.

(5) Subsection (4) above shall not apply—

  1. (a) if the enactment concerned expressly excludes the application of this section; or
  2. (b) to any property which has been used or has been intended to be used as mentioned in subsection (1) (a) or (b) above in relation to the offence of which the accused has been convicted, if the enactment concerned specifies the category of property which is to be liable to forfeiture thereunder, and the category so specified does not include the category of property which has been used or has been intended to be used as aforesaid.

(6) Where the court makes—

  1. (a) an order under subsection (1) above that property shall be forfeited to the Crown; and
  2. (b) a compensation order under section 58 of the Criminal Justice (Scotland) Act 1980,
against the same accused in the same proceedings, it may order that the proceeds of sale of the property forfeited by virtue of subsection (1) above shall be first directed towards satisfaction of the compensation order.

(7) For the purposes of any appeal or review an order under subsection (1) above is a sentence.

(8) In this section "the court" means the district court.").

The noble and learned Lord said: My Lords, Clause 73 makes provision for a new set of forfeiture procedures. These arrangements will not extend to district courts. In this respect, we agree with the conclusions of the Scottish Law Commission that new measures, which are modelled in part on civil proceedings, are not appropriate for the business of the district courts. On the other hand, we do not wish to deprive the district courts entirely of the useful general forfeiture power which is available presently and which the district courts employ. However, that particular power will be repealed as part of the reform.

We therefore considered whether district courts still need a general forfeiture power and we concluded that they do. The amendment introduces a substitute provision which will apply only to district courts. The conclusion is modelled closely on the provisions in Clause 73, adapted to make it workable for the district courts. The general power will extend only to movable property and will not attract the more complex arrangements which will support the suspended forfeiture order provisions.

Nonetheless, I believe that the clause will reinstate a valuable power to the district courts. It has been fashioned in a way which properly reflects the nature of the business of those courts. I beg to move.

7.45 p.m.

Lord Macaulay of Bragar

My Lords, is it proposed that the Government will give guidance to the district courts in the interpretation of the clause? It is not all that simple, even for lawyers to understand. In ensuring that the clause works effectively and without giving rise to appeals, it would be helpful for the courts to have guidelines.

Lord Rodger of Earlsferry

My Lords, I note what the noble Lord says. I cannot give him an undertaking in respect of that matter but perhaps I may remind him that the District Courts Association runs many training sessions, issues material and so forth. I should have thought that this matter was exactly the kind that the association would wish to take up.

On Question, amendment agreed to.

Clause 75 [Forfeiture of property subject to suspended forfeiture order]:

Lord Rodger of Earlsferry moved Amendment No. 94:

Page 65, line 24, leave out from ("recorded") to end of line 25 and insert ("in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland.").

The noble and learned Lord said: My Lords, Amendments Nos. 94 and 95 are technical. I beg to move.

On Question, amendment agreed to.

Clause 78 [Appeal against court decision under section 76(1) or 77(1)]:

Lord Rodger of Earlsferry moved Amendment No. 95:

Page 68, leave out lines 23 to 25 and insert ("cause a certified copy of the interlocutor of the Court to be recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland.").

On Question, amendment agreed to.

Schedule 4 [Amendments to Criminal Justice (Scotland) Act 1987 Relating to Part II]:

Lord Rodger of Earlsferry moved Amendment No. 96:

Page 108, line 7, leave out ("1(1)") and insert ("59(1)").

The noble and learned Lord said: My Lords, this is a technical amendment. However, before moving it I should indicate one matter in connection with the forfeiture and confiscation provisions. We have not addressed it at this stage but we hope to bring forward amendments on Third Reading. It relates to inhibition, which is at present covered by Chapter III of Part II of the Bill. At present that reflects the recommendation of the Scottish Law Commission to establish one system of inhibition for the prosecutor in the specific circumstances of confiscation or forfeiture; that would be a unique system. We do not consider that it would be appropriate to introduce a special system in the context of confiscation and forfeiture. We consider that the whole issue of inhibition ought to be referred to the Scottish Law Commission for detailed examination. In those circumstances, we would wish to revert to the arrangements which currently apply under the Criminal Justice (Scotland) Act 1987. That will require a series of amendments which I hope to bring forward at Third Reading.

I can assure your Lordships that, although the amendments will look extensive and complex, their purpose is straightforward and is, in effect, to bring the position back to that under the current legislation. I invite your Lordships to note that for the future. In the meantime, the matter before your Lordships is a technical one. I beg to move.

On Question, amendment agreed to.

Schedule 5 [Minor and Consequential Amendments]:

Lord Rodger of Earlsferry moved Amendment No. 97:

Page 119, line 25, leave out ("resignation") and insert ("demission of office").

The noble and learned Lord said: My Lords, in moving Amendment No. 97 I shall speak also to Amendments Nos. 98 and 99. These amendments refer to the provision in relation to the succession to the office of Lord Advocate. As I indicated in Committee, it is not a matter upon which I like to reflect too much. However, it is a technical matter and we propose to insert the word "demission" or similar words in order to cover all the various circumstances in which a Lord Advocate may pass from that office. I beg to move.

On Question, amendment agreed to.

Lord Rodger of Earlsferry moved Amendments Nos. 98 and 99:

Page 119, line 26, leave out ("tender resignations") and insert ("demit office").

Page 119, line 27, leave out ("resigning from") and insert ("demitting").

The noble and learned Lord said: My Lords, with the leave of the House I shall move Amendments Nos. 98 and 99 en bloc. I beg to move.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 100:

Page 119, line 34, at end insert: (". In section 50 (latitude as to time and place), after subsection (3) there shall be inserted the following subsection— (4) Notwithstanding subsection (3) above, nothing in any rule of law shall prohibit the amendment of an indictment to include a time outwith the exceptional latitude if it appears to the court that the amendment would not prejudice the accused.".").

The noble and learned Lord said: My Lords, these amendments were prompted by a pre-consolidation review of the legislation. They allow the Crown to amend the indictment or complaint in cases where exceptional latitude has been taken in the specification of the time and place of the offence, if the court is satisfied that the accused's interests will not be prejudiced.

On occasion information becomes available in the course of evidence being led which indicates that the offence was committed outside the period of exceptional latitude presently permitted. The Crown's inability to amend caused difficulties, for example, in child abuse cases. Such amendment will be competent only where the court is satisfied that it will not prejudice the accused's interests.

The second part of the amendment to Section 312 of the 1975 Act will substitute the more modern definition of "money" recommended by the Scottish Law Commission in its report on confiscation and forfeiture.

I beg to move.

Lord Macaulay of Bragar

My Lords, I have some slight reservations in relation to the phraseology of Amendment No. 100. However, I shall not take issue with it at this time. I should like to look at it more closely and if there is a real issue on the question of fairness to the accused and to the state, that can be raised either at Third Reading or in another place.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 101:

Page 120, line 2, at end insert: (" . In section 73(1) (execution of citation of indictment), the words from ", unless" to the end shall cease to have effect.").

The noble and learned Lord said: My Lords, in moving Amendment No. 101 I shall speak also to Amendments Nos. 112 to 115, 122 to 126, 128 and 129. Our review of criminal procedure legislation prior to the planned consolidation prompted a number of proposals for the repeal of provisions, mainly in the 1975 Act. None of those provisions is any longer necessary and this is an opportunity to clear the statute book of those spent provisions. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 102:

Page 120, line 9, at end insert: (" . In section 79(1) (description of witnesses), for the words from ", with" to the end there shall be substituted "together with an address at which they can be contacted for the purposes of precognition.".").

The noble and learned Lord said: My Lords, Amendments Nos. 102 and 103 are related minor pre-consolidation amendments to Sections 79 and 81 of the 1975 Act. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 103:

Page 120, line 12, at end insert: (" . In section 81 (examination by prosecutor of witnesses, etc., not included in lists lodged) after the word "address" there shall be inserted "as mentioned in section 79(1) above,".").

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendments Nos. 104 and 105:

Page 120, line 14, leave out ("(1) (a)") and insert ("(1)— (i) in paragraph (a)").

Page 120, leave out lines 17 to 27 and insert: ("(ii) for paragraph (b) there shall be substituted— (b) the court, on cause shown, otherwise directs."; and (b) in subsection (2), for the words from "written notice" to "the court" there shall be substituted— (a) written notice of the names and addresses of such witnesses and of such productions shall have been given—

  1. (i) where the case is to be tried in the sheriff court, to the procurator fiscal of the district of the trial diet at or before the first diet; and
  2. (ii) where the case is to be tried in the High Court, to the Crown Agent at least ten clear days before the day on which the jury is sworn; or
(b) the court, on cause shown, otherwise directs, in which case it".").

The noble and learned Lord said: My Lords, in speaking to Amendment No. 9, Amendments Nos. 104 and 105 were also spoken to. With the leave of the House, I shall move them en bloc. I beg to move.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 106:

Page 120, line 43, at end insert: (" . For section 125 (on plea of not guilty, jury to he balloted and sworn) there shall be substituted the following section—

"On plea of not guilty, plea to be recorded and jury balloted.

125. Where the accused pleads not guilty, the clerk of court shall record that fact and proceed to ballot the jury.".").

The noble and learned Lord said: My Lords, this is a minor pre-consolidation amendment to remove an historical anomaly. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 107:

Page 120, line 44, after ("place),") insert ("(a) in subsection (1), for the words "date of such trial diet" there shall be substituted "last day of the sitting in which the trial diet was to be held"; (b)").

The noble and learned Lord said: My Lords, in moving Amendment No. 107 I shall speak also to Amendment No. 108. These two pre-consolidation amendments will clarify Section 127 of the 1975 Act. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 108:

Page 120, line 49, at end insert ("; and (c) after subsection (4) there shall be inserted the following subsection— (5) The warrant issued under section 69 of this Act shall be sufficient warrant for the citation of the accused and witnesses to any further diet appointed under this section".").

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 109:

Page 121, line 6, at end insert: (" . In section 134 (provision for death or illness of jurors)—

  1. (a) for the words "any juror is, through illness or for any other reason, unfit" there shall be substituted "it is for any reason inappropriate for any juror"; and
  2. (b) for the words "or on behalf of the Lord Advocate" there shall be substituted "the prosecutor".").

The noble and learned Lord said: My Lords, Amendment No. 109 extends the court's existing power to permit a trial to continue before a reduced jury where a member of that jury has died, fallen ill or is for any other reason considered unfit to serve. The court will exercise the power on an application made by or on behalf of the Lord Advocate or an accused under Section 134 of the 1975 Act.

As the noble and learned Lord, Lord McCluskey, explained to the House at Committee stage, at present the extent of that power is somewhat unclear. It may not extend to all possible circumstances in which it would be undesirable for a juror to continue serving. The aim of the amendment is to widen the court's discretion in deciding whether a juror should continue to serve. The second amendment extends to a private prosecutor the rights presently available to the Lord Advocate or an accused to apply to the court for the continuation of a trial under this section. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 110:

Page 121, line 8, after ("(1);") insert: ("( ) in subsection (1), for the words from "it", where it first occurs, to the end there shall be substituted "copies of the indictment shall be provided for each member of the jury without lists of witnesses or productions"; and").

The noble and learned Lord said: My Lords, again this is a minor pre-consolidation amendment to Section 135 of the 1975 Act. I beg to move.

On Question, amendment agreed to.

[Amendment No. 111 not moved.]

Lord Fraser of Carmyllie moved Amendments Nos. 112 to 115:

Page 121, line 27, at end insert: (" . Section 144 (notice of spouse as witness) shall cease to have effect. . Section 145(4) (interruption of trial) shall cease to have effect. . Section 146 (sheriff's notes of evidence) shall cease to have effect.").

Page 121, line 35, at end insert: (" . In section 153 (seclusion of jury, etc., after retiral)—

  1. (a) subsection (I) shall cease to have effect; and
  2. (b) in subsection (3) (b) (ii), the words from "(as" to the end shall cease to have effect.
. Sections 156(5) and 360A(2) (interruption of trial for verdict in earlier trial) shall cease to have effect.").

Page 121, line 38, at end insert: (" Section 159(1) (previous convictions libelled as aggravations) and (3) (passing of sentence on second or subsequent conviction) and section 356(1) and (3) (equivalent provisions in relation to summary procedure) shall cease to have effect. . Section 160(3) (verdict as to whether previous convictions proved) shall cease to have effect.").

Page 122, line 30, at end insert: (" . Sections 190 and 391 (supplementary provisions as to probation: security for good behaviour) shall cease to have effect.").

The noble and learned Lord said: My Lords, in speaking to Amendment No. 101 I spoke also to Amendments Nos. 112, 113, 114 and 115. With the leave of the House, I shall move these amendments en bloc. I beg to move.

On Question, amendments agreed to.

[Amendment No. 116 not moved.]

Lord Fraser of Carmyllie moved Amendment No. 117:

Page 123, line 36, at end insert: (" . For subsection (1) of section 283 (application of Part H of that Act) there shall be substituted the following subsections— (1) This Part of this Act applies to summary proceedings in respect of any offence which might prior to the passing of this Act, or which may under the provisions of this or any Act, whether passed before or after this Act, be tried summarily. (1A) Without prejudice to subsection (1) above, this Part of this Act also applies to procedure in all courts of summary jurisdiction in so far as they have jurisdiction in respect of—

  1. (a) any offence or the recovery of a penalty under any enactment or rule of law which does not exclude summary procedure as well as, in accordance with section 196 of this Act, to the enforcement of a fine imposed in solemn proceedings; and
  2. (b) any order ad factum praestandum, or other order of court or warrant competent to a court of summary jurisdiction.".").

The noble and learned Lord said: My Lords, this is a pre-consolidation amendment to Section 283 of the 1975 Act. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 118:

Page 123, line 38, at end insert: (" . In section 312 (form of charge in complaint)

  1. (a) in paragraph (f), at the end there shall be inserted the words "provided also that nothing in the foregoing provisions of this paragraph or in any rule of law shall prohibit the amendment of a complaint to include a time outwith the exceptional latitude if it appears to the court that the amendment would not prejudice the accused;"; and
  2. (b) in paragraph (j), for the words from "all" to the end there shall be substituted "cheques, banknotes, postal orders, money orders and foreign currency;".").

The noble and learned Lord said: My Lords, when speaking to Amendment No. 100, I also spoke to Amendment No. 118. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 119:

Page 128, line 15, at end insert: (" . In section 20 of that Act (admissibility of certain evidence regarding speeding offences etc.), after subsection (8) there shall be inserted the following subsection— (8A) As respects proceedings in Scotland, a copy of a document served on a person under subsection (8) above shall be served in such manner as may be prescribed by Act of Adjournal, and a written execution purporting to be signed by the person who served such copy document together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy.").

The noble and learned Lord said: My Lords, Section 28 of the Road Traffic Offenders Act 1988 deals with the admissibility of certain evidence in trials for speeding offences. An example may be a document which contains a measurement of the speed made by an electronic device for that purpose. Section 28 provides that such a document is admissible only if it is served in advance of the trial. However, no provision is made as to how the document is to be served. The amendment puts that right by specifying the manner of service and the way in which such service is to be proved. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 120:

Page 130, line 23, after ("or") insert ("Part II of").

The noble and learned Lord said: My Lords, in moving Amendment No. 120, I wish to speak also to Amendment No. 121. These are technical amendments to ensure that the provisions refer only to Part II and not the Bill as a whole. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendment No. 121:

Page 130, line 44, after ("and") insert ("Part II of").

On Question, amendment agreed to.

Schedule 6 [Repeals]:

Lord Fraser of Carmyllie moved Amendments Nos. 122 to 126:

Page 134, line 26, column 3, at end insert:

("In section 73(1), the words from ", unless" to the end.").

Page 134, line 31, column 3, at end insert:

("Section 144. Section 145(4). Section 146.").

Page 134, line 34, column 3, at end insert:

("In section 153, subsection (1) and, in subsection (3) (b) (ii), the words from "(as" to the end. Section 156(5).").

Page 134, line 37, column 3, at end insert:

("Section 159(1) and (3).

Section 160(3).").

Page 135, line 6, column 3, at end insert:

("Section 190.").

The noble and learned Lord said: My Lords, in speaking to Amendment No. 101 I spoke to Amendments Nos. 122 to 126. I beg to move those amendments en bloc.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 127:

Page 135, line 32, column 3, at end insert:

("Section 331(2).").

The noble and learned Lord said: My Lords, when speaking to Amendment No. 90, I spoke also to Amendment No. 127. I beg to move.

On Question, amendment agreed to.

Lord Fraser of Carmyllie moved Amendments Nos. 128 and 129:

Page 135, line 39, column 3, at end insert:

("Section 356(1) and

(3).

Section 360A(2).").

Page 136, line 7, column 3, at end insert:

("Section 391.").

The noble and learned Lord said: My Lords, when speaking to Amendment No. 101, I spoke also to Amendments Nos. 128 and 129. I beg to move those amendments en bloc.

On Question, amendments agreed to.

Lord Fraser of Carmyllie moved Amendment No. 130:

Page 136, line 29, at end insert:

("1986 c. 36. The Incest and Related

Offences (Scotland)

Act 1986.

 In Schedule 1,

paragraph 2.")

The noble and learned Lord said: My Lords, when speaking to Amendment No. 90, I spoke also to Amendment No. 130. I beg to move.

On Question, amendment agreed to.

House adjourned at three minutes past eight o'clock.