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Bill.

66

MEMORANDUM.
The object of this Bill is to put straight certain
defects which have come to light in s. 7 of the Criminal
Justice Act, 1925.

Clause 1, subs. (1).--Under subs. (2) of s. 7 of the Act of 1925 the power of a court to order a defendant to pay costs or compensation is limited to cases where the offender is required to enter into a recognizance, and the payment of the costs or compensation is required to be made a condition of the recognizance. Subs. (1) of cl. 1 restores the position in this respect to what it was under s. I of the Probation of Offenders Act, 1907, by giving power to a court to order the offender to pay costs or compensation where the charge is dismissed, and by making the order for such payment a further order and not a condition of the recognizance.

Subs. (2).--A right of appeal to quarter sessions is given by subs. (1) of s. 7 in all cases “ where a person as

respects whom a probation order has been made did

not plead guilty or admit the truth of the information, and the effect of para. (a) of subs. (2) of cl. 1 is to extend this right to all such cases dealt with under the Probation Acts whether a “probation order” is made or not. A “probation order is defined by s. 2 of the Act of 1907 as an order made under that Act requiring the offender to enter into a recognizance containing a condition that he be under supervision.

Subss. (4) and (6) of s. 7 in their present form extend only to cases where a “probation order” has been made. The effect of paras. (b) and (d) of subs. (2) of clause 1 is · to extend the operation of subss. (4) and (6) to cases where the recognizance does not include a condition as to supervision.

Subs. (5) of S. 7 provides that the certificate mentioned therein is to be admissible as evidence, but, as the subsection now stands, it would be necessary to give formal evidence of the signature of the justice who gives the certificate ; the effect of para. (c) of subs. (2) is to make the certificate prove itself if it purports to be signed by a justice.

Clause 2.--Subs. (2) of this clause is the common form printing clause, which will enable the Act of 1925 to be reprinted with the amendments proposed by this Bill.

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B I L L

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Amend section seven of the Criminal Justice

Act, 1925.

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c. 17.

E it enacted by the King's most Excellent Majesty, A.D. 1926.

by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, 5 as follows:

1.-(1) There shall be substituted for the subsection Amendment directed by subsection (2) of section seven of the Criminal of 8. ? of Justice Act, 1925 (in this Act referred to as “ the princi- Criminal

Justice Act, pal Act”), to be substituted for subsection (3) of section

1926. 10 one of the Probation of Offenders Act, 1907, the following 15 & 16 Geo. subsection:

5. c. 86. (3) The court may, where it makes an order 7 Edw. 7. under this section, further order that the offender

shall pay such costs of the proceedings, or such
15 damages for injury or compensation for loss (not

exceeding in the case of a court of summary
jurisdiction twenty-five pounds, or, if a higher
limit is fixed by any enactment relating to the

offence, that higher limit), as the court thinks
20 reasonable, or both such costs and damages or

compensation.

(2) The following further amendments shall be made in section seven of the principal Act:

(a) In subsection (1) for the words “ in every case
25

“ where a person as respects whom a probation
6 order has been made by a court of summary

1

A.D. 1926.

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Short title and printing

jurisdiction there shall be substituted the words“ in every case where a person in respect “ of whom an order has been made by a court of summary jurisdiction under section one of “ the principal Act”:

5 (6) In subsection (4) for the words “probation

order there shall be substituted the word

“recognizance": (c) In subsection (5) for the words “ the certificate"

there shail be substituted the words “any such 10 “ certificate, if purporting to be signed by a

justice": (d) In subsection (6) for the words “ where a person

as respects whom a probation order has been “ made" there shall be substituted the words 15 “where a person bound by his recognizance to

appear for conviction and sentence. 2.-(1) This Act may be cited as the Criminal Justice (Amendment) Act, 1926, and the principal Act and this Act may be cited together as the Criminal 20 Justice Acts, 1925 and 1926.

(2) Every enactment and word which is directed by this Act to be substituted for any portion of the principal Act shall form part of that Act in the place assigned to it by this Act, and the principal Act shall be construed 25 as if the said enactment or word had been enacted in the principal Act in the place so assigned and had been enacted in lieu of the enactment or word for which it is substituted.

A copy of the principal Act with the amendments 30 required by this Act shall be prepared and certified by the Clerk of the Parliaments and deposited with the Rolls of Parliament, and His Majesty's printer shall print in accordance with the copy so certified all copies of the principal Act which are printed after the 35 commencement of this Act.

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