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Commons Amendment

Volume 413: debated on Tuesday 21 October 1980

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86 Clause 56, page 42, line 36, after appropriation ' insert ', or the unlawful taking and using.'.

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 86. Where there has been an offence involving either dishonest appropriation of property or the unlawful taking and using of a motor vehicle, Section 56(2) as it stands provides that any damage to the property taken shall be treated for the purposes of making a compensation order as if it had been a direct result of the offence regardless of how in fact the damage occurred. The statutory offence of "unlawful taking and using of a motor vehicle" is however only one example of the common law crime of unlawful taking and using, and this amendment is designed to extend the application of the section to cover also offences of this type at common law. This, for example, would enable compensation to be paid if a boat was taken without the owner's permission and abandoned and subsequently damaged.

Moved, That this House doth agree with the Commons in the said amendment.—( The Earl of Mansfield.)

On Question, Motion agreed to.