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Mr Paul Boateng
92
*Schedule 3, page 67, line 9, after 'Article' insert '3,'.
Mr Paul Boateng
93
*Schedule 3, page 67, line 10, leave out 'otherwise than in judicial proceedings'.
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.'.
Extension of provisions of section (Special provisions relating to child witnesses) to certain witnesses over 17
Mr Paul Boateng
NC4
To move the following Clause:—
'.—(1) For the purposes of this section—
(a) a witness in criminal proceedings (other than the accused) is a "qualifying witness" if he—
(i) is not an eligible witness at the time of the hearing (as defined by section 16(3)), but
(ii) was under the age of 17 when a relevant recording was made;
(b) a qualifying 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 qualifying 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) Subsections (2) to (7) of section (Special provisions relating to child witnesses) shall apply as follows in relation to a qualifying witness—
(a) subsections (2) to (4), so far as relating to the giving of a direction complying with the requirement contained in subsection (3)(a), shall apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that section);
(b) subsection (5), so far as relating to the giving of such a direction, shall apply to a qualifying witness in need of special protection as it applies to a child witness in need of special protection (within the meaning of that section); and
(c) subsections (6) and (7) shall apply to a qualifying witness in need of special protection by virtue of subsection (1)(b)(i) above as they apply to such a child witness as is mentioned in subsection (6).'.
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.'.
Mr Paul Boateng
79
Clause 62, page 45, line 39, leave out 'or 41(2)' and insert ', 41(2) or 43(4A)'.
Mr Paul Boateng
29
Schedule 4, page 71, line 27, leave out 'In section 34(3) of the Criminal Justice Act 1988' and insert—
'The Criminal Justice Act 1988 has effect subject to the following amendments.
15A. In subsection (1) of each of sections 23 and 24 (first-hand hearsay; business etc. documents), at the end of paragraph (a) insert "and".
15B. In section 34(3)'.
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