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Youth Justice and Criminal Evidence Bill [H.L.]

This is the text of the Youth Justice and Criminal Evidence Bill [H.L.], as passed by the House of Lords and introduced in the House of Commons on 24th March 1999.

 
EXPLANATORY NOTES

Explanatory Notes to the Bill, prepared by the Home Office, are published separately as HC Bill 74- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Straw has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Youth Justice and Criminal Evidence Bill are compatible with the Convention rights.

 
  
Youth Justice and Criminal Evidence Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
REFERRALS TO YOUTH OFFENDER PANELS
Referral orders
Clause 
1.Referral of young offenders to youth offender panels.
2.The referral conditions.
3.Making of referral orders: general.
4.Making of referral orders: effect on court's other sentencing powers.
5.Making of referral orders: attendance of parents etc.

Youth offender panels
6.Establishment of panels.
7.Attendance at panel meetings.

Youth offender contracts
8.First meeting: agreement of contract with offender.
9.First meeting: duration of contract.
10.First meeting: failure to agree contract.
11.Progress meetings.
12.Final meeting.

Further court proceedings
13.Offender referred back to court or convicted while subject to referral order.

Supplementary
14.Functions of youth offending teams.
15.Interpretation of Part I.

PART II
GIVING OF EVIDENCE OR INFORMATION FOR PURPOSES OF CRIMINAL PROCEEDINGS
CHAPTER I
SPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES
Preliminary
16.Witnesses eligible for assistance on grounds of age or incapacity.
17.Witnesses eligible for assistance on grounds of fear or distress about testifying.
18.Special measures available to eligible witnesses.

Special measures directions
19.Special measures direction relating to eligible witness.
20.Further provisions about directions: general.
21.Special provisions relating to young witnesses.

Special measures
22.Screening witness from accused.
23.Evidence by live link.
24.Evidence given in private.
25.Removal of wigs and gowns.
26.Video recorded evidence in chief.
27.Video recorded cross-examination or re-examination.
28.Examination of witness through intermediary.
29.Aids to communication.

Supplementary
30.Status of evidence given under Chapter I.
31.Warning to jury.
32.Interpretation etc. of Chapter I.

CHAPTER II
PROTECTION OF WITNESSES FROM CROSS-EXAMINATION BY ACCUSED IN PERSON
General prohibitions
33.Complainants in proceedings for sexual offences.
34.Child complainants and other child witnesses.

Prohibition imposed by court
35.Direction prohibiting accused from cross-examining particular witness.
36.Further provisions about directions under section 35.

Cross-examination on behalf of accused
37.Defence representation for purposes of cross-examination.
38.Warning to jury.
39.Funding of defence representation.

CHAPTER III
PROTECTION OF COMPLAINANTS IN PROCEEDINGS FOR SEXUAL OFFENCES
40.Restriction on evidence or questions about complainant's sexual history.
41.Interpretation and application of section 40.
42.Procedure on applications under section 40.

CHAPTER IV
REPORTING RESTRICTIONS
Reports relating to persons under 18
43.Restrictions on reporting alleged offences involving persons under 18.
44.Power to restrict reporting of criminal proceedings involving persons under 18.

Reports relating to adult witnesses
45.Power to restrict reports about certain adult witnesses in criminal proceedings.

Reports relating to directions under Chapter I or II
46.Restrictions on reporting directions under Chapter I or II.

Other restrictions
47.Amendments relating to other reporting restrictions.

Offences
48.Offences under Chapter IV.
49.Defences.
50.Offences committed by bodies corporate or Scottish partnerships.

Supplementary
51.Decisions as to public interest for purposes of Chapter IV.

CHAPTER V
COMPETENCE OF WITNESSES AND CAPACITY TO BE SWORN
Competence of witnesses
52.Competence of witnesses to give evidence.
53.Determining competence of witnesses.

Giving of sworn or unsworn evidence
54.Determining whether witness to be sworn.
55.Reception of unsworn evidence.
56.Penalty for giving false unsworn evidence.

CHAPTER VI
RESTRICTIONS ON USE OF EVIDENCE
57.Inferences from silence not permissible where no prior access to legal advice.
58.Restriction on use of answers etc. obtained under compulsion.

CHAPTER VII
GENERAL
59.Application of Part II to service courts.
60.Meaning of "sexual offence" and other references to offences.
61.General interpretation etc. of Part II.

PART III
FINAL PROVISIONS
62.Regulations and orders.
63.General supplementary provisions.
64.Corresponding provisions for Northern Ireland.
65.Minor, consequential and pre-consolidation amendments, repeals and transitional provisions.
66.Short title, commencement and extent.
 

SCHEDULES:
    Schedule 1-Youth offender panels: further court proceedings.
    Part I-Referral back to appropriate court.
    Part II-Further convictions during referral.
    Schedule 2-Reporting restrictions: miscellaneous amendments.
    Schedule 3-Restriction on use of answers etc. obtained under compulsion.
    Schedule 4-Minor and consequential amendments.
    Schedule 5-Youth justice: pre-consolidation amendments.
    Schedule 6-Repeals.
    Schedule 7-Transitional provisions and savings.
 

 
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Prepared 25 March 1999