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Lord McIntosh of Haringey moved Amendment No. 23:


After Clause 3, insert the following new clause--
(".--(1) A non-molestation order may be varied or discharged by the court on an application by--
(a) the respondent; or
(b) the person on whose application the order was made.
(2) If, by virtue of section (Breach of Order)(1), a power of arrest has been attached to certain provisions of a non-molestation order, the court may vary or discharge the order under subsection (1) in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).").

On Question, amendment agreed to.

Clause 4 negatived.

Clause 5 [Citation, commencement and extent]:

Lord McIntosh of Haringey moved Amendment No. 24:


Page 3, line 17, leave out ("one month") and insert ("two months")

On Question, amendment agreed to.

Clause 5, as amended, agreed to.

Lord McIntosh of Haringey moved Amendment No. 25:


After Clause 5, insert the following new schedule--

("SCHEDULE
Powers of High Court and county court to remand Interpretation
1. In this Schedule "the court" means the High Court or a county court and includes--
(a) in relation to the High Court, a judge of that court, and
(b) in relation to a county court, a judge or district judge of that court.
Remand in custody or on bail

2.--(1) Where a court has power to remand a person under section (Breach of Order), the court may--
(a) remand him in custody, that is to say, commit him to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require, or
(b) remand him on bail--

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(i) by taking from him a recognizance (with or without sureties) conditioned as provided in sub-paragraph (3), or
(ii) by fixing the amount of the recognizances with a view to their being taken subsequently in accordance with paragraph 4 and in the meantime committing the person to custody in accordance with paragraph (a).
(2) Where a person is brought before the court after remand, the court may further remand him.
(3) Where a person is remanded on bail under sub-paragraph (1), the court may direct that his recognizance be conditioned for his appearance--
(a) before that court at the end of the period of remand, or
(b) at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.
(4) Where a recognizance is conditioned for a person's appearance in accordance with sub-paragraph (3)(b), the fixing of any time for him next to appear shall be deemed to be a remand; but nothing in this sub-paragraph or sub-paragraph (3) shall deprive the court of power at any subsequent hearing to remand him afresh.
(5) Subject to paragraph 3, the court shall not remand a person under this paragraph for a period exceeding 8 clear days, except that--
(a) if the court remands him on bail, it may remand him for a longer period if he and the other party consent, and
(b) if the court adjourns a case for any medical report or examination of that person the court may remand him for the period of the adjournment.
(6) Where the court has power under this paragraph to remand a person in custody it may, if the remand is for a period not exceeding 3 clear days, commit him to the custody of a constable.
Further remand

3.--(1) If the court is satisfied that any person who has been remanded under paragraph 2 is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time; and paragraph 2(5) shall not apply.
(2) Notwithstanding anything in paragraph 2(1), the power of the court under sub-paragraph (1) to remand a person on bail for a further time may be exercised by enlarging his recognizance and those of any sureties for him to a later time.
(3) Where a person remanded on bail under paragraph 2 is bound to appear before the court at any time and the court has no power to remand him under sub-paragraph (1), the court may in his absence enlarge his recognizance and those of any sureties for him to a later time; and the enlargement of his recognizance shall be deemed to be a further remand.
Postponement of taking of recognizance

4. Where under paragraph 2(1)(b)(ii) the court fixes the amount in which the principal and his sureties, if any, are to be bound, the recognizance may thereafter be taken by such person as may be prescribed by rules of court, and the same consequences shall follow as if it had been entered into before the court.")

On Question, amendment agreed to.

Lord McIntosh of Haringey moved Amendment No. 26:


In the Title, line 1, leave out ("make provision for a new criminal offence of stalking and for a prohibitory order") and insert ("prohibit stalking and make provision for non-molestation orders")

On Question, amendment agreed to.

House resumed: Bill reported with amendments.

        House adjourned at twenty minutes past four o'clock.


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