---

'substitute for the period of--
(a) hours for the time being mentioned in subsection (2); or
(b) months for the time being mentioned in subsection (3) or (3A),
such period of hours or, as the case may be, months as may be prescribed in the regulations'.

No. 252, in page 8, line 5, at end insert--

'(12) For the purposes of this section and sections 245B to 245G of this Act--
"child offender" means an offender under the age of 16 years at the date of his conviction; and
"offender" includes "child offender".'.

No. 9, in page 8, line 10, leave out

'name of the person who is to' and insert
'person or class or description of persons who may'.

29 Jan 1997 : Column 404

No. 10, in page 8, line 14, leave out from 'shall' to 'the' in line 15 and insert

'include provision in the order for making a person notified by the Secretary of State under subsection (1) above, or a class or description of persons so notified, responsible for the monitoring of'.

No. 11, in page 8, line 16, after 'person' insert

' or class or description of persons'.

No. 12, in page 8, line 18, after 'shall' insert ', if necessary,'.

No. 223, in page 8, line 39, at end insert--

'Concurrent probation and restriction of liberty orders
245CC.--(1) Notwithstanding section 228(1) and 245A(1) of this Act, where the court--
(a) intends to make a restriction of liberty order under section 245A(1); and
(b) considers it expedient--
(i) having regard to the circumstances, including the nature of the offence and the character of the offender; and
(ii) having obtained a report as to the circumstances and character of the offender,
that the offender should also to 25 be subject to a probation order made under section 228(1) of this Act,
it may make both such orders in respect of the offender.
(2) Where the court makes both a restriction of liberty order and a probation order by virtue of subsection (1) above, the clerk of the court shall send a copy of each order to both--
(a) any person responsible for monitoring the offender's compliance with the restriction of liberty order; and
(b) the officer of the local authority who is to supervise the probationer.
(3) Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (1) above--
(a) if the failure relates to a requirement contained in a probation order and is dealt with under section 232(2)(c) of this Act, the court may, in addition, exercise the power conferred by section 245E(2)(b) of this Act in relation to the restriction of liberty order; and
(b) if the failure relates to a requirement contained in a restriction of liberty order and is dealt with under section 245E(2)(b) of this Act, the court may, in addition, exercise the power conferred by section 232(2)(c) in relation to the probation order.
(4) Where the offender by an act or omission fails to comply with both a requirement contained in a probation order and a requirement contained in a restriction of liberty order to which he is subject by virtue of subsection (1) above, he may, without prejudice to subsection (3) above, be dealt with as respects that act or omission either under section 232(2) of this Act or under section 245E(2) of this Act but he shall not be liable to be otherwise dealt with in respect of that act or omission.'. No. 112, in page 8, line 41, leave out second 'the' and insert 'any'. No. 13, in page 8, line 41, after 'person' insert 'responsible for'. No. 113, in page 8, line 45, leave out second 'the' and insert 'any'. No. 14, in page 8, line 45, after 'person' insert 'responsible for'. No. 15, in page 8, line 46, after 'may' insert 'by order'. No. 16, in page 9, line 1, leave out 'or'. No. 253, in page 9, line 2, after '245A(3)' insert
'or, as the case may be, (3A)'.

29 Jan 1997 : Column 405

No. 17, in page 9, line 3, at end insert '; or
(d) revoking the order.
(3) Where the court, on the application of a person other than the offender, proposes to--
(a) exercise the power conferred by paragraph (a), (b) or (c) of subsection (2) above to vary (otherwise than by deleting a requirement) a restriction of liberty order, it shall cite the offender to appear before the court and section 245A(4) shall apply to the variation of such an order as it applies to the making of an order; and
(b) exercise the power conferred by subsection (2)(d) above to revoke such an order and deal with the offender under section 245EE of this Act, it shall issue a citation requiring him to appear before the court.
(4) If an offender fails to appear before the court after having been cited in accordance with subsection (3) above, the court may issue a warrant for his arrest.'. No. 114, in page 9, line 13, after 'failed' insert 'without reasonable excuse'.-- No. 18, in page 9, line 14, leave out
'vary the order or revoke it' and insert
'by order--
(a) without prejudice to the continuance in force of the order, impose a fine not exceeding level 3 on the standard scale;
(b) vary the restriction of liberty order; or
(c) revoke that order.
( ) A fine imposed under this section in respect of a failure to comply with the requirements of a restriction of liberty order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by or in respect of a conviction or a penalty imposed on a person summarily convicted.'. No. 19, in page 9, line 17, after 'in' insert
'paragraphs (a) to (c) of'. No. 20, in page 9, line 18, leave out from beginning to 'it' in line 19 and insert--
'Disposal on revocation of restriction of liberty order
245EE.--(1) Where the court revokes a restriction of liberty order under section 245D(2)(d) or 245E(2) of this Act,'. No. 115, in page 9, line 22, at end insert--
'(2) Where the court revokes a restriction of liberty order as mentioned in subsection (1) above, and the offender is, by virtue of section 245CC(1) of this Act, subject to a probation order, it shall, before disposing of the offender under subsection (1) above, discharge the probation order.'. No. 21, in page 9, line 31, leave out
'the person responsible for monitoring the order' and insert
'a person nominated for the purpose of this paragraph by the Secretary of State'. No. 116, in page 9, line 45, after 'circumstances.' insert--
'Procedure on variation or revocation of restriction of liberty order
245G. Where a court exercises any power conferred by sections 232(3A), 245D(2) or 245E(2)(b) or (c) of this Act, the clerk of the court shall forthwith give copies of the order varying or revoking the restriction of liberty order to any person responsible for monitoring the offender's compliance with that order and that person shall give a copy of the order to the offender.'.--[Lord James Douglas-Hamilton.]

29 Jan 1997 : Column 406

Clause 5

Disposal in cases of mentally disordered offenders

Lord James Douglas-Hamilton: I beg to move amendment No. 22, in page 10, line 28, leave out '28' and insert '7'.

Mr. Deputy Speaker: With this, it will be convenient to discuss the following amendments: Government amendments Nos. 23, 24, 254 and 25.

No. 142, in clause 6, page 12, line 32, at end insert--

'(aa) A patient shall not be remitted to prison in accordance with sub-paragraph (a) above until and unless--
(i) the case has been referred back to the court that imposed the hospital direction; and
(ii) the court is satisfied that the remittance to prison would not be injurious to the patient's mental health.
(ab) In order to determine the impact of the remittance to prison on the patient's mental health, the court shall consider the written or oral evidence of two medical practitioners (complying with section 61 of this Act).
(ac) Where a court is satisfied under (aa)(ii) above that the remittance to prison would be injurious to the patient's mental health, the court may revoke the hospital direction and--
(i) impose a hospital order (with or without a restriction order); or
(ii) impose no further penalty.'.

Government amendments Nos. 26, 117 and 118.

No. 143, in clause 20, page 23, line 39, after '60A', insert '(1)'.

No. 144, in page 23, line 48, at end insert--

'(2) Where a court determines under section 62A(4)(ac) of the Mental Health (Scotland) Act 1984 above not to remit a patient to prison, the Prosecutor may appeal against this determination--
(a) if it appears to him that the determination was inappropriate, or
(b) on a point of law,
and an appeal under this section shall be treated in the same manner as an appeal against sentence under section 108 of this Act.'.

Government amendments Nos. 79, 277, 126, 278, 279 and 80 to 82.

Lord James Douglas-Hamilton: I can speak briefly, as the amendments arise from amendments--and arguments--presented by Opposition Members in Committee, which I accepted in principle. However, I should mention one point specifically. Amendments Nos. 22 to 25 would, following the making of a hospital direction, reduce the maximum time for which a person may be in transit between the court and the hospital from 28 to seven days, and add to the list of those who may so convey the person an officer on the staff of that hospital. The other amendments are procedural.

---