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Warrants For Arrest Of Escaped Prisoners And Mental Patients

Volume 889: debated on Monday 7 April 1975

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I beg to move Amendment No. 1. in page 5, line 14, leave out from 'sheriff' to alleging 'in line 15 and insert or justice'.

With this amendment, it will be convenient to consider Government Amendments Nos. 2 to 9, 12, 20 to 25, 30 to 34, 36, 44 to 49, 54 and 55.

This amendment reflects the change brought about in summary criminal procedure by Sections 1 and 2 of the District Courts (Scotland) Act 1975 which received Royal Assent just before the Easter Recess. Those sections set up district courts to replace all the inferior criminal courts in Scotland with effect from 16th May 1975 and provide for the jurisdiction and powers of the district court to be exercisable by a stipendiary magistrate or by one or more justices of the peace who will be the judges of the district courts. The term "magistrate" as such will accordingly fall out of use and in this Bill is to be replaced by the term "justice", which is to be defined in Clause 462 as including the sheriff and any stipendiary magistrate or justice of the peace. Likewise, various references to inferior courts are to be replaced by references to the district court.

Amendment agreed to.

Amendment made: No. 2, in page 5, line 27, leave out magistrate'.—[ The Lord Advocate.]

Clause 13, as amended, ordered to stand part of the Bill.

Clause 14 ordered to stand part of the Bill.