New Prosecution for Same or Similar Offence

Part of Orders of the Day — Criminal Justice (Scotland) Bill [Lords] – in the House of Commons at 7:15 pm on 7th June 1995.

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Amendments made: No. 113, in page 38, line 19, leave out 'and'.
No. 114, in page 38, line 32, at end insert '; and (c) after subsection (4) there shall be inserted the following subsections—

  1. "(5) On granting authority under section 254(1)(c) of this Act to bring a new prosecution, the High Court shall, after giving the parties an opportunity of being heard, order the detention of the accused person in custody or admit him to bail.
  2. (6) Subsections (2)(b) and (4) to (6) of section 101 of this Act (prevention of delay in trials) shall apply to an accused person who is detained under subsection (5) above as they apply to an accused person detained by virtue of being committed until liberated in due course of law.".'.
No. 115, in page 38, line 36, leave out 'and'.
No. 116, in page 39, line 2, at end insert '; and (c) after subsection (4) there shall be inserted the following subsection—(5) On granting authority under section 452A(1)(d) of this Act to bring a new prosecution, the High Court may, after giving the parties an opportunity of being heard, order the detention of the accused person in custody; but an accused person may not be detained by virtue of this subsection for a period of more than 40 days.".'.—[Lord James Douglas-Hamilton.]