Skip to main content

Commons Amendments

Volume 413: debated on Tuesday 21 October 1980

The text on this page has been created from Hansard archive content, it may contain typographical errors.

144 Schedule 4, page 75, line 27, after '104' insert '(1)'.

145 Schedule 4, page 75, line 42, at end insert—

'(2) When the Clerk of Justiciary receives the record copy of the indictment he shall send a copy of the note of reasons to the convicted person or his solicitor and to the Crown Agent.
(3) Subject to subsection (2) above, the note of reasons shall be available only to the High Court and the parties.'.

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 144 and 145. The effect of these two amendments is to require that, when a sheriff remits a case for sentence to the High Court, copies of the note giving his reasons for the remit should be provided to the defence and to the prosecution. Hitherto the sheriff has provided a note for the court but has not given copies of it to the parties. This matter was raised with the Secretary of State in representations from Mr. Ross Harper (an experienced Glasgow solicitor); and we agree that it is just and equitable that information of this kind which is before the sentencing judge should also be available to both parties.

Moved, That this House doth agree with the Commons in the said amendments.—( Lord Mackay of Clashfern.)

On Question, Motion agreed to.