Jurisdiction of District Court in Relation to Statutory Offences

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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Photo of Lord James Douglas-Hamilton Lord James Douglas-Hamilton , Edinburgh West 7:15 pm, 7th June 1995

I beg to move amendment No. 65, in page 56, line 43, leave out from 'offence' to 'a' in line 46 and insert—

  1. '(a) to impose a sentence of imprisonment for a period exceeding 60 days;
  2. (b) to impose'.

Mr. Deputy Speaker:

With this, it will be convenient to discuss also Government amendments Nos. 66 and 88.

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

The first two of these amendments make it clear that the amount of caution that the district courts may fix in respect of a statutory offence is the same as that applicable to common law offences by virtue of section 284 of the Criminal Procedure (Scotland) Act 1975.

The second amendment puts beyond doubt that a court in solemn proceedings may order an offender, on conviction, to find caution for good behaviour.

Amendment agreed to.

Amendment made: No. 66, in page 56, line 47, at end insert '; or (c) to ordain an accused person to find caution for any period exceeding six months or to an amount exceeding level 4 on the standard scale."!.—[Lord James Douglas-Hamilton.]