An Act to amend the law of Scotland relating to appeal in criminal cases tried on indictment. Brought from the Lords 28 April 1926. Ordered, by The House of Commons, to be Printed, 22 June 1926. To be purchased directly from H.M. STATIONERY OFFICE at the following addresses: 1, St. Andrew's Crescent, Cardiff; or 120, George Street, Edinburgh; or through any Bookseller. Bill. MEMORANDUM. The object of this Bill is to put straight certain defects which have come to light in s. 7 of the Criminal Justice Act, 1925. Clause 1, subs. (1).-Under subs. (2) of s. 7 of the Act of 1925 the power of a court to order a defendant to pay costs or compensation is limited to cases where the offender is required to enter into a recognizance, and the payment of the costs or compensation is required to be made a condition of the recognizance. Subs. (1) of cl. 1 restores the position in this respect to what it was under s. 1 of the Probation of Offenders Act, 1907, by giving power to a court to order the offender to pay costs or compensation where the charge is dismissed, and by making the order for such payment a further order and not a condition of the recognizance. Subs. (2).--A right of appeal to quarter sessions is given by subs. (1) of s. 7 in all cases" where a person as "respects whom a probation order has been made did "not plead guilty or admit the truth of the information," and the effect of para. (a) of subs. (2) of cl. 1 is to extend this right to all such cases dealt with under the Probation Acts whether a "probation order" is made or not. A "probation order is defined by s. 2 of the Act of 1907 as an order made under that Act requiring the offender to enter into a recognizance containing a condition that he be under supervision. Subss. (4) and (6) of s. 7 in their present form extend only to cases where a "probation order" has been made. The effect of paras. (b) and (d) of subs. (2) of clause 1 is to extend the operation of subss. (4) and (6) to cases where the recognizance does not include a condition as to supervision. Subs. (5) of s. 7 provides that the certificate mentioned therein is to be admissible as evidence, but, as the subsection now stands, it would be necessary to give formal evidence of the signature of the justice who gives the certificate; the effect of para. (c) of subs. (2) is to make the certificate prove itself if it purports to be signed by a justice. Clause 2.--Subs. (2) of this clause is the common form printing clause, which will enable the Act of 1925 to be reprinted with the amendments proposed by this Bill. |