HL Deb 22 July 1998 vol 592 cc992-3

31 Clause 44, page 34, line 34, at end insert—

("(1A) Where a person is remitted under subsection (1) above—

  1. (a) he shall have no right of appeal against the order of remission;
  2. (b) the remitting court shall adjourn proceedings in relation to the offence; and
  3. (c) subsections (1B) and (1C) below shall apply.

(1B) The following, namely—

  1. (a) section 128 of the 1980 Act; and
  2. (b) all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings,
shall have effect in relation to the remitting court's power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted ("the other court").

(1C) The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.").

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 31.

I shall speak also to Amendments Nos. 32, 128 and 146. These are technical amendments. Amendments Nos. 31, 128 and 146 are related. They clarify Clause 44(1). Amendment No. 32 affects Clause 46, which gives certain powers to single justices. It removes the power to determine mode of trial because it is already possessed by virtue of Section 18(5) of the Magistrates' Courts Act 1980.

Moved, That the House do agree with the Commons in their Amendment No. 31.—(Lord Williams of Mostyn.)

On Question, Motion agreed to.