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Commons Amendment

Volume 413: debated on Tuesday 21 October 1980

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169 Schedule 7, page 90, line 39, leave out from '(interpretation)' to end of line 41 and insert '—

  • (a) at the appropriate place there shall be inserted the definition" 'diet' includes any continuation of a diet;";
  • (b) in the definition of "impose detention" and "impose imprisonment", for the words "failing to do or abstain from doing anything required to be done or left undone" there shall be substituted the words "contempt of court"; and
  • (c) for the definition of "sentence" there shall be substituted the definition "'sentence', whether of detention or of imprisonment, means a sentence passed in respect of a crime or offence and does not include an order for committal in default of payment of any sum of money or for contempt of court.".'.
  • My Lords, the purpose of this amendment is to ensure that references in the 1975 Act to sentences of imprisonment or detention are not generally taken as including the imposition of imprisonment for contempt of court or in default of payment of a fine. This point has arisen in particular con- nection with Clauses 40, 41 and 44 of the Bill. For example, as regards Clause 41, the amendment will secure that the restriction on imprisonment it introduces will apply only to direct sentences of imprisonment imposed on conviction of an offence but not to other forms of imposition or imprisonment, such as for contempt of court or in default of payment of fine or caution. This was the intention of the Clause as drafted, but this amendment is necessary to ensure that the intention of this clause, and of Clauses 40 and 44, is carried into effect. I beg to move.

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

    On Question, Motion agreed to.