Clause 40. — (Payment of costs of defence on acquittal, etc.)

Orders of the Day — Criminal Justice Bill – in the House of Commons at 12:00 am on 15 July 1948.

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Lords Amendment: In page 42, line 18, at end insert: (5) Where, in pursuance of a direction of the Court of Criminal Appeal under section (Power of Court of Criminal Appeal to order new trials) of this Act any person who has appealed to that court is re-tried before a court of assize or quarter sessions, and is acquitted on the re-trial, the sums which may be directed by the court of assize or quarter sessions to be paid out of local funds under this section shall include—

  1. (a) any sums which the Court of Criminal Appeal might have directed to be so paid on the appeal to that court and
  2. (b) (if an appeal was brought to the House of Lords from the decision of the Court of Criminal Appeal) any sums which the House of Lords might, or might if that appeal had been determined in his favour, have directed to be so paid on that appeal."

Photo of Mr Kenneth Younger Mr Kenneth Younger , Grimsby

I beg to move, "That this House doth disagree with the Lords in the said Amendment."

This is consequential on the Amendment to which we disagreed a few minutes ago.

Lords Amendment: In line 37, at end insert: and references in any enactment (including any enactment in this Act) to costs payable under the Costs in Criminal Cases Act, 1908, shall be construed as including references to costs payable by virtue of the provisions of this section.

Read a Second time.

Photo of Mr Kenneth Younger Mr Kenneth Younger , Grimsby

I beg to move, as an Amendment to the Lords Amendment, to leave out "(including any enactment in this Act)."

The Amendment is necessary consequent upon a previous Amendment. The words: including any enactment in this Act are not necessary because we have removed the phrase to which that refers. Therefore, the phrase has no utility. I do not think that it does any harm but it is mere surplusage.

Amendment to the Lords Amendment agreed to.