S.C.F.
NOTICES OF AMENDMENTS
given up to and including
Thursday 20th May 1999
STANDING COMMITTEE F
YOUTH JUSTICE AND CRIMINAL EVIDENCE BILL [LORDS]
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
2
Clause 1, page 1, line 8, leave out 'youth court or other magistrates' '.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
3
Clause 1, page 1, line 12, after 'court', insert ', having obtained and considered a pre-sentence report,'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
4
Clause 1, page 1, line 14, leave out 'and'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
5
Clause 1, page 1, line 15, after 'absolutely', insert 'or conditionally'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
6
Clause 1, page 1, line 16, at end insert '; and
(d) the court is not proposing to impose a fine.'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
7
Clause 1, page 2, line 6, after first 'the', insert 'local authority'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
1
Page 1, line 8, leave out Clause 1.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
9
Clause 2, page 2, line 13, leave out 'United Kingdom' and insert 'European Union'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
10
Clause 2, page 2, line 13, at end insert 'or by a court martial'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
11
Clause 2, page 2, leave out lines 23 and 24 and insert—
'(b) he pleaded not guilty to one or more of the offences mentioned in paragraph (a) but was convicted of one or more such offences;'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
12
Clause 2, page 2, line 25, leave out 'United Kingdom' and insert 'European Union'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
8
Page 2, line 10, leave out Clause 2.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
13
Clause 3, page 3, line 3, at end insert '; and
(g) whether the offender has previously been subject to a referral order.'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
14
Clause 3, page 3, line 21, leave out '3' and insert '6'.
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
15
Clause 3, page 3, line 23, after third 'the', insert 'local authority'.
NEW CLAUSE
Referral of young offenders to youth offender panels
Sir Norman Fowler
Mr John Greenway
Mr James Clappison
NC1
To move the following Clause:—
'.—(1) This section applies where a court is dealing with a person under the age of 18 for an offence and—
(a) neither the offence nor any associated offence is one for which the sentence is fixed by law; and
(b) the court is not, in respect of the offence or any associated offence, proposing to impose a custodial sentence on the offender or make a hospital order in his case.
(2) If the referral condition is satisfied in accordance with subsection (3) and referral is available to the court, the court may order the offender to be referred to a youth offender panel.
(3) The referral condition is satisfied if the offender is convicted of or pleaded guilty to the offence or any associated offence.
(4) For the purposes of this section referral is available to a court if—
(a) the court has been notified by the Secretary of State that arrangements for the implementation of referral orders are available in the area in which it appears to the court that the offender resides or will reside; and
(b) the notice has not been withdrawn.
(5) In this Part "referral order" means an order under subsection (2).
(6) For the purposes of this section an offender who has been convicted of an offence in respect of which he was conditionally discharged (whether by a court in England and Wales or in Northern Ireland) shall be treated, despite—
(a) section 1C(1) of the Powers of Criminal Courts Act 1973 (conviction of offence for which offender so discharged deemed not a conviction), or
(b) Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),
as having been convicted of that offence.'.
