128 Schedule 3, page 61, line 35, leave out 'and 453D' and insert 453D and 453E'
129 Schedule 3, page 61, line 44, leave out '453D' and insert '453E'
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 128 and 129. These amendments give the High Court the power in summary appeals to substitute a verdict of acquittal on the grounds of insanity. By passing Amendment No. 114 your Lordships have ensured the retention of the High Court's power in solemn appeals to substitute a verdict of acquittal on the ground of insanity. In such a case the High Court would quash any sentence imposed and order that the appellant be detained in a state hospital or such other hospital as the court may specify. The High Court has this power at present when disposing of solemn appeals, but the power has never existed for summary appeals. The reason for this is not clear, but it is probably the case that solemn and summary have grown up somewhat independently of each other. It seems right that these two should be brought together. I beg to move.
Moved, That this House doth agree with the Commons in the said amendments. —( Lord Mackay of Clashfern.)
On Question, Motion agreed to.