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S.C.E.
Amendment Paper as at
Thursday 24th June 1999
STANDING COMMITTEE E
New Amendments handed in are marked thus *
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 James Clappison
Mr John Greenway
58
Clause 40, page 29, leave out line 2.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
59
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
25
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,
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
60
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
26
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
27
Clause 42, page 30, line 35, after 'court' insert '(but in the absence of the jury, if there is one)'.
Mr Paul Boateng
28
Clause 42, page 30, line 36, leave out 'decision to give, or refuse,' and insert 'reasons for giving, or refusing,'.
Mr Paul Boateng
74
Clause 43, page 31, line 19, leave out 'when a minor shall while that person' and insert 'shall while he'.
Mr Paul Boateng
75
Clause 43, page 31, line 24, leave out from beginning to 'cease' in line 28.
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
83
Clause 43, page 31, line 27, after 'offence', insert 'or
(ab) do not apply unless a court having or most likely to have jurisdiction in relation to proceedings arising from the alleged offence is satisfied on an application made for that purpose by or on behalf of a person referred to in subsection (2) who is not a person by whom the offence is alleged to have been committed and having regard to the particular circumstances of the case that the interests of justice, the interests of the person who is a minor and the public interest in relation to freedom of expression are better served by the application of subsection (2) than by not applying it to the particular case.'.
Mr Paul Boateng
76
Clause 43, page 31, line 32, leave out from 'to' to end of line 40 and insert—
'(a) a person by whom the offence is alleged to have been committed; or
(b) if this paragraph applies to the publication in question by virtue of subsection (4A)—
(i) a person against or in respect of whom the offence is alleged to have been committed, or
(ii) a person who is alleged to have been a witness to the commission of the offence;
except that paragraph (b)(i) does not include a person in relation to whom section 1 of the Sexual Offences (Amendment) Act 1992 (anonymity of victims of certain sexual offences) applies in connection with the offence.
(4A) Subsection (4)(b) applies to a publication if—
(a) where it is a relevant programme, it is transmitted, or
(b) in the case of any other publication, it is published,
on or after such date as may be specified in an order made by the Secretary of State.'.
Mr Paul Boateng
77
Clause 44, page 33, line 13, leave out 'when a minor'.
Mr Paul Boateng
78
Clause 44, page 33, leave out lines 40 to 42.
Mr Paul Boateng
81
Schedule 2, page 59, line 24, leave out from beginning to 'paragraph' in line 27 and insert—
'13.—(1) Section 7 (application of Act to courts-martial) is amended as follows.
(2) In subsection (1) (Act to apply with modifications where in pursuance of armed forces law a person is charged with an offence to which the Act applies), after "applies" insert "by virtue of section 2(1)".
(3) In subsection (2) (modifications with which Act applies to courts-martial)—
(b) for paragraph (c) substitute—
"(c) in section 3(1) any reference to a judge, in relation to the person charged with the offence, shall be read as a reference to the judge advocate appointed to conduct proceedings under section 3(1) relating to the offence (whether or not also appointed to conduct other preliminary proceedings relating to the offence)";
(c) in paragraph (d), for "court" substitute "judge advocate appointed to be a member of the court-martial"; and
Mr Paul Boateng
84
Clause 49, page 39, line 27, leave out subsection (9) and insert—
'(8A) In this section—
"an appropriate person" means (subject to subsections (8B) to (8D))—
(a) in England and Wales or Northern Ireland, a person who is a parent or guardian of the protected person, or
(b) in Scotland, a person who has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to the protected person;
"guardian", in relation to the protected person, means any person who is not a parent of the protected person but who has parental responsibility for the protected person within the meaning of—
(a) (in England and Wales) the Children Act 1989, or
(b) (in Northern Ireland) the Children (Northern Ireland) Order 1995.
(8B) Where the protected person is (within the meaning of the Children Act 1989) a child who is looked after by a local authority, "an appropriate person" means a person who is—
(a) a representative of that authority, or
(b) a parent or guardian of the protected person with whom the protected person is allowed to live.
(8C) Where the protected person is (within the meaning of the Children (Northern Ireland) Order 1995) a child who is looked after by an authority, "an appropriate person" means a person who is—
(a) an officer of that authority, or
(b) a parent or guardian of the protected person with whom the protected person is allowed to live.
(8D) Where the protected person is (within the meaning of section 17(6) of the Children (Scotland) Act 1995) a child who is looked after by a local authority, "an appropriate person" means a person who is—
(a) a representative of that authority, or
(b) a person who has parental responsibilities (within the meaning of section 1(3) of that Act) in relation to the protected person and with whom the protected person is allowed to live.'.
Mr Paul Boateng
85
Clause 49, page 39, line 43, leave out 'subsection (9)' and insert 'subsections (8A) to (8D)'.
Mr Paul Boateng
86
*Schedule 3, page 61, line 40, at end insert—
'( ) an offence which is—
(i) created by regulations made under any such rules, and
(ii) designated for the purposes of this subsection by such regulations;'.
Mr Paul Boateng
87
*Schedule 3, page 61, line 41, after 'section' insert '1,'.
Mr Paul Boateng
88
*Schedule 3, page 61, line 42, leave out 'otherwise than in judicial proceedings'.
Mr Paul Boateng
89
*Schedule 3, page 62, line 18, at end insert—
'( ) an offence which is—
(i) created by regulations made under any such rules, and
(ii) designated for the purposes of this subsection by such regulations;'.
Mr Paul Boateng
90
*Schedule 3, page 66, line 31, after 'regulations;' insert—
'( ) an offence which is—
(i) created by regulations made under any such rules, and
(ii) designated for the purposes of this paragraph by such regulations;'.
Mr Paul Boateng
91
*Schedule 3, page 67, line 8, after 'regulations;' insert—
'( ) an offence which is—
(i) created by regulations made under any such rules, and
(ii) designated for the purposes of this paragraph by such regulations;'.
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