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S.C.E.
Amendment Paper as at
Tuesday 15th June 1999
STANDING COMMITTEE E
YOUTH JUSTICE AND CRIMINAL EVIDENCE BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [25th May], as follows:—
Clauses 1 to 13, Schedule 1, Clauses 14 to 47, Schedule 2, Clauses 48 to 58, Schedule 3, Clauses 59 to 61, New Clauses, New Schedules, Clauses 62 to 65, Schedules 4 to 7, Clause 66.
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
13
Clause 2, 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
8
Page 2, line 10, leave out Clause 2.
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'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
19
Clause 3, page 3, line 26, at end insert 'and shall give him a written statement to that effect which explains'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
20
Clause 3, page 3, line 32, at end insert—
'(3A) On making a referral order the court shall forthwith send to the youth offending team specified in subsection (1)(a) written details of the offence or offences involved, together with copies of any reports and other relevant papers available to the court.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
21
Clause 4, page 4, leave out line 14.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
22
Clause 4, page 4, line 16, leave out from 'him' to end of line 17.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
23
Clause 5, page 5, line 13, at end insert—
'(3A) Prior to the making of an order requesting the attendance of an appropriate person the court shall give the person an opportunity to make representations to the court'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
24
Clause 5, page 5, line 33, at end insert—
'(9) Appropriate persons may also consist of—
(i) a grandparent, brother, sister, uncle, aunt or cousin; or
(ii) a teacher in loco parentis.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
61
Clause 6, page 6, line 9, at end insert—
'(3A)(a) The youth offending team shall not appoint to the youth offender panel—
(i) any police officer involved in the prosecution of the young offender.
(ii) any person who appears to the youth offending team to be a victim of, or otherwise affected by, the offence, or other offences, in respect of which the offender was referred to the panel, or
(iii) any magistrate who made the order referring the young offender to the youth offender panel.
(b) No magistrate who is a member of a youth offender panel shall preside in any youth or other magistrates court to whom a young offender is referred by that panel.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
62
Clause 7, page 7, line 6, leave out 'with the agreement of the panel'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
63
Clause 7, page 7, line 9, at end insert—
'(3A) A young offender shall be entitled to be accompanied by his legal representative at any meeting of the panel called for the purposes of reaching agreement on or varying the programme of behaviour referred to in Section 8.
(3B) Each person who is a parent or guardian of the offender shall be entitled to attend any meeting of the panel'.
Mr Paul Boateng
18
Clause 7, page 7, line 15, at end insert—
'( ) Where the panel allow any such person as is mentioned in subsection (4)(a) ("the victim") to attend a meeting of the panel, the panel may allow the victim to be accompanied to the meeting by one person chosen by the victim with the agreement of the panel'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
64
Clause 8, page 7, line 44, leave out subsection (3).
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
65
Clause 8, page 8, line 17, leave out 'or sent to'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
66
Clause 8, page 8, line 17, at end insert—
'(7), If it should appear at any time that the terms of the programme agreed under subsection (2) of this Section conflict with the provisions of any ancillary or other orders imposed by the court when sentencing the young offender the provisions of such ancillary or other orders shall take precedence.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
67
Clause 11, page 9, line 30, leave out from beginning to 'or' in line 32.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
68
Clause 11, page 10, leave out lines 30 to 34 and insert—
'If the panel, having discussed with the offender such a request as is mentioned in subsections (3)(a)(ii) or (4)(d) fails to agree a variation in the contract with the offender the panel shall refer the offender back to the appropriate court.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
69
Schedule 1, page 50, line 32, at end insert—
'(4)(a) If, in a case where the offender is referred back to the court at the request of the offender under sections 11(3)(a) or sections 11(4)(d) the court may revoke the order if it considers that a significant change in the offenders circumstances (such as his being taken to live abroad) make compliance with the youth offender contract impractical.
(b) In all other respects the court shall seek to determine such a referral back to the court at the request of the offender by agreeing with the offender and the panel such variations in the contract as the court thinks fit,'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
70
Schedule 1, page 51, line 40, at end insert 'from the date of extensions or variations.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
71
Clause 14, page 11, line 36, at end insert 'and of all discussions with the young offender about the terms of the contract.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
43
Clause 17, page 13, line 15, leave out from 'witness' to end of line 32 and insert 'arising from—
(a) the nature and alleged circumstances of the offence to which the proceedings relate or—
(b) any behaviour towards the witness on the part of—
(ii) members of the family or associates of the accused, or
(iii) any other person who is likely to be an accused or a witness in the proceedings.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
44
Clause 17, page 13, leave out lines 35 to 39.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
45
Clause 18, page 14, line 4, at end insert 'and subsection 2(A)'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
46
Clause 18, page 14, line 12, at end insert—
'(2A) A court may only make a special measures direction in relation to a witness eligible for assistance by virtue of section 17 if it is satisfied that the impairment of the administration of justice likely to result from a diminution in the quality of the evidence of a witness if a direction is not made outweighs the desirability of justice being administered openly and in accordance with the procedures which would otherwise be followed.'.
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