73 Clause 42, page 32, leave out line 28 to 34.
My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 73. This amendment is basically consequential on the decision made by this House and confirmed on a free vote in Committee in another place, that in murder cases the making of minimum recommendations as to sentence should remain at the judge's discretion. The amendment deletes Clause 42(4), which was drafted on the assumption that such recommendations would become mandatory, except in exceptional cases. Its purpose is to assist the Appeal Court in maintaining the maximum degree of consistency in the making of minimum recommendations, but the subsection is inappropriate now that Clause 42 has been amended, as indeed the noble and learned Lord, Lord McCluskey, pointed out in this House on Report.
Moved, That this House doth agree with the Commons in the said amendment.—( The Earl of Mansfield.)
On Question, Motion agreed to.