Supervised Attendance Orders

Orders of the Day — Criminal Justice (Scotland) Bill [Lords] – in the House of Commons at 6:30 pm on 7th June 1995.

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Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West 6:30 pm, 7th June 1995

I beg to move amendment No. 109, in page 27, line 3, after second 'than' insert—

  1. '(i) where the amount of the fine, part or instalment which the offender has failed to pay does not exceed level 1 on the standard scale, 50 hours; and
  2. (ii) in any other case,'.

Photo of Mr Geoffrey Lofthouse Mr Geoffrey Lofthouse , Pontefract and Castleford

With this, it will be convenient to discuss also Government amendments Nos. 110, 111, 61 and 112.

Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West

The amendments introduce procedural changes to clause 35.

Amendment No. 112 introduces a right to appeal against the imposition and length of a supervised attendance order where such an order has been made as a disposal at first instance in respect of an offender aged 16 or 17.

Amendment No. 61 will make it clear that the Secretary of State can notify courts that schemes are available only for limited classes of cases.

I undertook to consider an amendment that was tabled by the hon. Member for Dumbarton (Mr. McFall) in Committee. We have further considered the position. We agree that, where an offender who is already in prison or detained for other matters falls to be dealt with by the court for fine default, the imposition of a supervised attendance order for default may not be the best option. Amendments Nos. 110 and 111 give the court discretion in such circumstances.

Amendment agreed to.

Amendments made: No. 110, in page 27, line 13, at end insert 'and is not serving a sentence of imprisonment'. No. 111, in page 27, line 31, at end insert— '( ) In subsection (6), the following definition shall be inserted in the appropriate place in alphabetical order—imprisonment" includes detention;".'. No. 61, in page 27, line 33, at end insert— '( ) in paragraph 1(1)(a), after the word "persons" there shall be inserted "of a class which includes the offender";'. No. 112, in page 29, line 3, at end insert— '( ) For the purposes of any appeal or review, a supervised attendance order made under this section is a sentence.'. —[Lord James Douglas-Hamilton.]