Vote Bundle Text (990615-02)

Amendments proposed to the Youth Justice and Criminal Evidence Bill [Lords] - continued	House of Commons

back to previous text

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 19, page 15, line 13, after 'witness', insert 'or any other party to the proceedings'.

Mr Paul Boateng

Clause 20, page 15, line 29, leave out ' 21(6)' and insert '(Special provisions relating to child witnesses)(8)'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 21, page 16, line 26, leave out 'must' and insert 'may'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 21, page 16, line 43, at end insert 'after hearing representations from the parties'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 21, page 17, line 4, at end insert '; or

Mr Paul Boateng

Page 16, line 22, leave out Clause 21.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 24, page 19, leave out lines 8 to 12 and insert 'apply to two named persons who—

(a) are representatives of such organisations, and

(b) have been nominated for the purpose by one or more such organisations unless it appears to the court that no such nominations have been made'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 26, page 19, line 42, leave out 'may' and insert 'shall'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 27, page 21, line 10, at end insert 'but no such direction shall be given unless the court is satisfied that there are grounds for making it which outweigh the desirability of cross-examination taking place in the course of the trial'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 27, page 21, line 10, at end insert—

'(1A) If provision is made for cross-examination under subsection (1) above such cross-examination shall not take place until such period of time has elapsed since the examination in chief as the court considers appropriate in the interests of fairness to the defence.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 27, page 21, line 26, leave out from 'if' in line 26 to the end of line 28 and insert—

'(a) any requirement of subsection (2) or rules of court or the direction has not been complied with to the satisfaction of the court, or

(b) the court is of the opinion having regard to all the circumstances of the case that it is in the interests of justice for the recording not be admitted.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 27, page 21, leave out lines 46 to 48.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 28, page 22, line 25, at end insert, 'and that he understands the need for him to confine himself to explaining the questions to the witness and the answers given by the witness'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 40, page 29, leave out line 2.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 40, page 29, leave out lines 3 to 5 and insert—

'(b) that it would be unfair to the accused to refuse to allow the evidence to be adduced or the question to be asked'.

Mr Paul Boateng

Clause 40, page 29, leave out lines 13 to 16 and insert—

'(c) it is an issue of consent and the sexual behaviour of the complainant to which the evidence or question relates is alleged to have been, in any respect, so similar—

(i) to any sexual behaviour of the complainant which (according to evidence adduced or to be adduced by or on behalf of the accused) took place as part of the event which is the subject matter of the charge against the accused, or

(ii) to any other sexual behaviour of the complainant which (according to such evidence) took place at or about the same time as that event,

that the similarity'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

Clause 40, page 29, line 17, at end insert 'or—

(c) it is an issue of consent and the court considers it to be in the interests of justice to allow the evidence to be adduced or the questions to be asked.'.

Mr Paul Boateng

Clause 41, page 30, line 7, leave out 'other than' and insert 'but excluding (except in section 40(3)(c)(i) and (5)(a))'.

Mr Paul Boateng

Clause 42, page 30, line 35, after 'court' insert '(but in the absence of the jury, if there is one)'.

Mr Paul Boateng

Clause 42, page 30, line 36, leave out 'decision to give, or refuse,' and insert 'reasons for giving, or refusing,'.

NEW CLAUSES

Removal of restriction on use of evidence from computer records

Mr Paul Boateng

NC2

To move the following Clause:—

'. Section 69 of the Police and Criminal Evidence Act 1984 (evidence from computer records inadmissible unless conditions relating to proper use and operation of computer shown to be satisfied) shall cease to have effect.'.

Special provisions relating to child witnesses

Mr Paul Boateng

NC3

To move the following Clause:—

'.—(1) For the purposes of this section—

(a) a witness in criminal proceedings is a "child witness" if he is an eligible witness by reason of section 16(1)(a) (whether or not he is an eligible witness by reason of any other provision of section 16 or 17);

(b) a child witness is "in need of special protection" if the offence (or any of the offences) to which the proceedings relate is—

(i) an offence falling within section 34(3)(a) (sexual offences etc.), or

(ii) an offence falling within section 34(3)(b), (c) or (d) (kidnapping, assaults etc.); and

(c) a "relevant recording", in relation to a child witness, is a video recording of an interview of the witness made with a view to its admission as evidence in chief of the witness.

(2) Where the court, in making a determination for the purposes of section 19(2), determines that a witness in criminal proceedings is a child witness, the court must—

(a) first have regard to subsections (3) to (7) below; and

(b) then have regard to section 19(2);

and for the purposes of section 19(2), as it then applies to the witness, any special measures required to be applied in relation to him by virtue of this section shall be treated as if they were measures determined by the court, pursuant to section 19(2)(a) and (b)(i), to be ones that (whether on their own or with any other special measures) would be likely to maximise, so far as practicable, the quality of his evidence.

(3) The primary rule in the case of a child witness is that the court must give a special measures direction in relation to the witness which complies with the following requirements—

(a) it must provide for any relevant recording to be admitted under section 26 (video recorded evidence in chief); and

(b) it must provide for any evidence given by the witness in the proceedings which is not given by means of a video recording (whether in chief or otherwise) to be given by means of a live link in accordance with section 23.

(4) The primary rule is subject to the following limitations—

(a) the requirement contained in subsection (3)(a) or (b) has effect subject to the availability (within the meaning of section 18(2)) of the special measure in question in relation to the witness;

(b) the requirement contained in subsection (3)(a) also has effect subject to section 26(2); and

(c) the rule does not apply to the extent that the court is satisfied that compliance with it would not be likely to maximise the quality of the witness's evidence so far as practicable (whether because the application to that evidence of one or more other special measures available in relation to the witness would have that result or for any other reason).

(5) However, subsection (4)(c) does not apply in relation to a child witness in need of special protection.

(6) Where a child witness is in need of special protection by virtue of subsection (1)(b)(i), any special measures direction given by the court which complies with the requirement contained in subsection (3)(a) must in addition provide for the special measure available under section 27 (video recorded cross-examination or re-examination) to apply in relation to the witness.

(7) The requirement contained in subsection (6) has effect subject to the following limitations—

(a) it has effect subject to the availability (within the meaning of section 18(2)) of that special measure in relation to the witness; and

(b) it does not apply if the witness has informed the court that he does not want that special measure to apply in relation to him.

(8) Where a special measures direction is given in relation to a child witness who is an eligible witness by reason only of section 16(1)(a), then—

(a) subject to subsection (9) below, and

(b) except where the witness has already begun to give evidence in the proceedings,

the direction shall cease to have effect at the time when the witness attains the age of 17.

(9) Where a special measures direction is given in relation to a child witness who is an eligible witness by reason only of section 16(1)(a) and—

(a) the direction provides—

(i) for any relevant recording to be admitted under section 26 as evidence in chief of the witness, or

(ii) for the special measure available under section 27 to apply in relation to the witness, and

(b) if it provides for that special measure to so apply, the witness is still under the age of 17 when the video recording is made for the purposes of section 27,

then, so far as it provides as mentioned in paragraph (a)(i) or (ii) above, the direction shall continue to have effect in accordance with section 20(1) even though the witness subsequently attains that age.'.