HL Deb 05 July 1995 vol 565 cc1153-4

[The page and line refer to Bill (49) as first printed by the Commons.]

  1. 1 Clause 13, page 9, line 9, leave out '76' and insert '67'.
  2. 2 Page 9, line 34, leave out 'discharge' and insert 'postpone'.
  3. 3 Page 10, line 20, leave out 'discharge' and insert 'postpone'.
  4. 4 Page 10, line 26, leave out 'discharge' and insert 'postpone'.
  5. 5 Clause 14, page 10, leave out lines 31 and 32.
  6. 6 Page 10, leave out from beginning of line 44 to end of line 4 on page 11.
  7. 7 Page 11, line 9, leave out 'discharge' and insert 'postpone'.
  8. 8 Page 11, line 17, at end insert:

'(4) The foregoing provisions of this section shall have effect as respects any court prescribed by the Secretary of State by order, in relation to proceedings commenced after such date as may be so prescribed, with the following modifications—

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

"(1E) If, on a joint application by the prosecutor and the accused made at any time before the commencement of the intermediate diet, the court considers it inappropriate to have such a diet, the duty under subsection (1) above shall not apply and the court shall discharge any such diet already fixed.

(1F) The court may consider an application under subsection (1E) above without hearing the parties.".

(5) An order under subsection (4) above shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 1 to 8.

Amendments Nos. 5, 6 and 8 ensure that the Secretary of State will have the power to introduce mandatory intermediate diets gradually, court by court, and, if appropriate, to disapply these provisions in particular courts. Gradual introduction will enable monitoring and evaluation of these diets to be carried out before they are introduced throughout Scotland. If it is deemed appropriate certain courts may not be required to hold such diets if it is clear that they would be of no practical value. The remaining amendments are of a minor nature. I beg to move.

Moved, That the House do agree with the Commons in their Amendments Nos. 1 to 8.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.