Clause 14 provides, among other things, for intermediate diets to be mandatory in summary proceedings. The amendments ensure that the Secretary of State will have the power to introduce the new diets gradually, court by court and, if appropriate, to disapply the provisions in particular courts.
Gradual introduction will permit monitoring and evaluation of the 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.
Amendment agreed to.
Amendments made: No. 56, in page 10, leave out from beginning of line 42 to end of line 2 on page 11.
No. 57, in page 11, line 7, leave out 'discharge' and insert 'postpone'.
No. 58, in page 11, line 16, 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—
- (a) in subsection (1), for the word "may" there shall be substituted "shall, subject to subsection (1E) below,"; and
- (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 James Douglas-Hamilton.]