Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part Ii

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

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Amendments made: No. 124, in page 116, line 30, leave out 'a probation order or'.
No. 160, in page 116, leave out lines 36 to 38.
No. 161, in page 116, leave out lines 44 to 46.
No. 162, in page 117, line 25, leave out from 'him' to end of line 27.
No. 125, in page 118, line 33, after '(6)' insert 'Without prejudice to section 2(1) of this Act,'. No. 126, in page 118, line 35, leave out from 'the' to the end of line 47 and insert— 'accused, or(b) the basis of the non-acceptance by the accused of any such allegation is challenged by the prosecutor,the court shall consider the matters being challenged at a hearing.(7) Where the judge presiding at a hearing held under subsection (6) above is not the trial judge he may, on the application of either party, if he considers that it would be in the interests of justice to do so, adjourn the hearing to a date when the trial judge is available.".'. No. 127, in page 122, line 30, leave out '6A' and insert '2'.
No. 20, in page 123, line 49, at end insert— '(c) after subsection (2) there shall be inserted the following subsection—(2A) Where a court, by virtue of subsection (1) above, orders the sum due under a confiscation order to be recovered by civil diligence under section 411 of the Criminal Procedure (Scotland) Act 1975, any arrestment executed by a prosecutor under subsection (2) of section 11A of this Act shall be deemed to have been executed by the court as if that subsection authorised such execution.".'. No. 128, in page 124, line 11, after 'person's' insert 'interest in his'.
No. 129, in page 126, line 42, leave out 'paragraph (b) and'.
No. 130, in page 126, line 43, at end insert— (' ) in subsection (2), for the words "(1)(a)" there shall be substituted "(1)";'. No. 131, in page 127, line 21, after 'effect;' insert— '( ) for subsection (2) there shall be substituted the following subsection—(2) Subsections (2)(a) and (7)(a) of Section 8 of this Act shall apply in relation to an interdict under subsection (1) above as they apply in relation to a restraint order; and subsections (1), (2), (4) and (5) of section 9 thereof shall apply in relation to subsection (1) above as they apply in relation to subsection (1) of the said section 9.".'. No. 21, in page 128, line 14, at end insert— '. In section 19 (effect of appointment under section 13 of that Act on diligence) for the words "section 11" there shall be substituted "sections 11 and 11A".'. No. 22, in page 128, line 24, after '11' insert ',11A'.
No. 132, in page 128, line 25, leave out from 'words' to first 'of' in line 26 and insert 'from ", so far as" to the end there shall be substituted "be exercised with a view to realising no more than the value".'. No. 73, in page 128, line 31, leave out from 'words' to the end of line 32 and insert 'from "and" to "11(6)" there shall be substituted "28, 28A and 28B".'. No. 133, in page 129, line 17, leave out '(except subsection (8) thereof)'.
No. 23, in page 129, leave out line 45 and insert— '(ii) for the word "11" there shall be substituted "9, 11, 11A".'. No. 134, in page 130, line 5, leave out 'a gift caught by Part I of this Act' and insert 'an implicative gift'. No. 24, in page 130, line 46, leave out 'section 8, 11 or 12 of the Drug Trafficking Offences Act 1986' and insert 'section 26, 29 or 30 of the Drug Trafficking Act 1994'. No. 25, in page 131, line 9, leave out 'section 13 of the Drug Trafficking Offences Act 1986' and insert 'section 31 of the Drug Trafficking Act 1994'. No. 74, in page 131, line 11, leave out 'prosecutor, the court' and insert 'Lord Advocate, the Court of Session'. No. 75, in page 131, line 19, leave out 'prosecutor' and insert 'Lord Advocate'.
No. 26, in page 131, line 24, leave out 'section 8, 11 or 12 of the Drug Trafficking Offences Act 1986' and insert 'section 26, 29 or 30 of the Drug Trafficking Act 1994'. No. 76, in page 131, line 30, leave out 'prosecutor shall apply to the court' and insert 'Lord Advocate shall apply to the Court of Session'. No. 27, in page 131, line 38, leave out 'section 13 of the Drug Trafficking Offences Act 1986' and insert 'section 31 of the Drug Trafficking Act 1994'. No. 77, in page 131, leave out lines 40 to 46.
No. 135, in page 132, line 1, leave out from first 'section' to for' in line 2 and insert '32 (Orders in Council as regards taking action in designated country)—(a) in subsection (2)'. No. 136, in page 132, line 3, at end insert '; and (b) after subsection (2) there shall be inserted the following subsection—(3) An Order in Council under this section may amend or apply, with or without modifications, any enactment.".'. No. 78, in page 132, line 19, leave out 'and 28A' and insert 28A and 28B'.
No. 79, in page 132, line 36, leave out 'and 28A' and insert 28A and 28B'.
No. 80, in page 132, line 51, leave out 'and 28A' and insert ', 28A and 28B'.
No. 81, in page 133, line 32, leave out 'and 28A' and insert 28A and 28B'.
No. 30, in page 133, line 45, at end insert— In section 44(1) (offences relating to controlled drugs: fines), for the words "the proviso to subsection (1)" there shall be substituted "subsection (3)(a)".'. No. 137, in page 133, line 45, at end insert— '. In section 41(2) (disclosure of information held by government departments)

  1. (a) in paragraph (a), for the words "paragraph (a) thereof' there shall be substituted "subsection (3) of that section";
  2. (b) in paragraph (b), for the words "paragraph (b) of subsection (1)" there shall be substituted "subsection (4)"; and
  3. (c) the words from the end of paragraph (b) to the end of the subsection shall cease to have effect.'.—[Lord James Douglas-Hamilton.]