§ 3.35 p.m.
§ Report received.
§ Clause 7 [District court: jurisdiction and powers]:
§ The Lord Advocate (Lord Rodger of Earlsferry) moved Amendment No. 1:
§ Page 5, line 32, leave out ("not").
§ The noble and learned Lord said: My Lords, the amendment corrects an error in the consolidation. The amendment, and all the other amendments which I have to move this afternoon to this Bill, as well as to the Criminal Procedure (Consequential Provisions) (Scotland) Bill, have been seen by the Lord Chairman of the Joint Committee on Consolidation Bills, the noble and learned Lord, Lord Lloyd of Berwick, who has indicated that he considers that the amendments do not alter the character of the Bills as consolidation Bills. I beg to move.
§ On Question, amendment agreed to.
§ Clause 26 [Bail: circumstances where not available]:
§ Lord Rodger of Earlsferry moved Amendment No. 2:
§ Page 18, line 10, after ("24") insert ("(except subsection (2))").
§ The noble and learned Lord said: My Lords, the amendment clarifies the effect of a number of provisions of the Criminal Procedure (Scotland) Act 1975 which have been combined in one provision in the consolidation. I beg to move.
§ On Question, amendment agreed to.
§ Clause 148 [Intermediate diet]:
§ Lord Rodger of Earlsferry moved Amendment No. 3:
§ Page 95, line 17, leave out ("shall") and insert ("may").
§ The noble and learned Lord said: My Lords, the amendment corrects the consolidation to take account of the amendment made at a late stage to the Bill which is now the Criminal Justice (Scotland) Act 1995. I beg to move.
§ On Question, amendment agreed to.
§ Clause 187 [Leave to appeal against sentence]:
§ Lord Rodger of Earlsferry moved Amendment No. 4:
§ Page 116, line 25, after second ("appeal") insert ("and make such comments in writing as he considers appropriate").
§ The noble and learned Lord said: My Lords, this amendment and Amendment No. 5 rectify what is an obvious omission in the Criminal Justice (Scotland) Act 1995 by bringing this provision on appeal into line with changes made by that Act to other provisions on appeal. I beg to move.
§ On Question, amendment agreed to.
§ Lord Rodger of Earlsferry moved Amendment No. 5:
§ Page 116, line 44, after ("appeal") insert ("and make such comments in writing as he considers appropriate").
§ On Question, amendment agreed to.
§ Clause 254 [Forfeiture of property]:
§
Lord Rodger of Earlsferry moved Amendment No. 6:
Leave out Clause 254
§ The noble and learned Lord said: My Lords, I beg to move that Clause 254 be omitted from the Bill. The clause consolidates two sections of the Criminal Procedure (Scotland) Act 1975 which have been repealed by the Criminal Justice (Scotland) Act 1995. The Bill which became that Act was amended at a late stage in its proceedings to repeal the sections in question.
§ On Question, amendment agreed to.