§ Lord Rodger of EarlsferryMy 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).—(Lord Rodger of Earlsferry.)
§ On Question, Motion agreed to.
§ House in Committee (on recommitment) accordingly.
§ [The CHAIRMAN OF COMMITTEES in the Chair.]
§ Clauses 1 to 42 agreed to.
§ Clause 43 [Arrangements where children arrested]:
§ Lord Rodger of Earlsferrymoved Amendment No. 1:
§ Page 29, line 44, leave out ("sitting summarily").
§ The noble and learned Lord said: This amendment corrects an error in the consolidation. This amendment, as with the other amendments tabled in my name to this Bill, and the Criminal Procedure (Consequential Provisions) (Scotland) Bill, have been considered by the noble and learned Lord, Lord Lloyd of Berwick, the Chairman of the Joint Committee on Consolidation Bills. I can inform the Committee that he is content that the amendments do not alter the character of the respective Bills. I beg to move.
§ On Question, amendment agreed to.
§ Lord Rodger of Earlsferrymoved Amendment No. 2:
§ Page 30, line 9, leave out from ("Reporter") to end of line 19.
§ The noble and learned Lord said: This amendment is necessary in consequence of an amendment made in your Lordships' House to the Bill which yesterday became the Children (Scotland) Act, which amends the legislation being consolidated. I beg to move.
§ On Question, amendment agreed to.
§ Clause 43, as amended, agreed to.
§ Clauses 44 to 116 agreed to.
385§ Clause 117 [Presence of appellant or applicant at hearing]:
§ Lord Rodger of Earlsferrymoved Amendment No. 3:
§
Page 79, line 35, at end insert:
("(9) When the High Court fixes the date for the hearing of an appeal, or of an application under section 111(2) of this Act, the Clerk of Justiciary shall give notice to the Crown Agent and to the solicitor of the convicted person, or to the convicted person himself if he has no known solicitor.").
§ The noble and learned Lord said: This amendment inserts material which was omitted in error from the consolidation. I beg to move.
§ On Question, amendment agreed to.
§ Clause 117, as amended, agreed to.
§ Clauses 118 to 271 agreed to.
§ Clause 272 [Evidence of children: special provisions]:
§ Lord Rodger of Earlsferrymoved Amendment No. 4:
§ Page 177, line 39, leave out ("or is likely to be").
§ The noble and learned Lord said: Amendments Nos. 4 and 5 correct an error in the way in which the consolidation deals with amendments made by the Criminal Justice (Scotland) Act 1995. I beg to move.
§ On Question, amendment agreed to.
§ Lord Rodger of Earlsferrymoved Amendment No. 5:
§ Page 178, line 17, after ("been") insert ("or is likely to be")
§ On Question, amendment agreed to.
§ Clause 272, as amended, agreed to.
§ Remaining clauses and schedules agreed to.
§ House resumed: Bill reported with amendments.