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Youth Justice and Criminal Evidence Bill [H.L.]

This is the text of the Youth Justice and Criminal Evidence Bill [H.L.], as amended in Committee in the House of Commons and printed on 29th June 1999.

 
 
  
Youth Justice and Criminal Evidence Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
REFERRALS TO YOUTH OFFENDER PANELS
Referral orders
Clause 
1.Referral of young offenders to youth offender panels.
2.The referral conditions.
3.Making of referral orders: general.
4.Making of referral orders: effect on court's other sentencing powers.
5.Making of referral orders: attendance of parents etc.

Youth offender panels
6.Establishment of panels.
7.Attendance at panel meetings.

Youth offender contracts
8.First meeting: agreement of contract with offender.
9.First meeting: duration of contract.
10.First meeting: failure to agree contract.
11.Progress meetings.
12.Final meeting.

Further court proceedings
13.Offender referred back to court or convicted while subject to referral order.

Supplementary
14.Functions of youth offending teams.
15.Interpretation of Part I.

PART II
GIVING OF EVIDENCE OR INFORMATION FOR PURPOSES OF CRIMINAL PROCEEDINGS
CHAPTER I
SPECIAL MEASURES DIRECTIONS IN CASE OF VULNERABLE AND INTIMIDATED WITNESSES
Preliminary
16.Witnesses eligible for assistance on grounds of age or incapacity.
17.Witnesses eligible for assistance on grounds of fear or distress about testifying.
18.Special measures available to eligible witnesses.

Special measures directions
19.Special measures direction relating to eligible witness.
20.Further provisions about directions: general.
21.Special provisions relating to child witnesses.
22.Extension of provisions of section 21 to certain witnesses over 17.

Special measures
23.Screening witness from accused.
24.Evidence by live link.
25.Evidence given in private.
26.Removal of wigs and gowns.
27.Video recorded evidence in chief.
28.Video recorded cross-examination or re-examination.
29.Examination of witness through intermediary.
30.Aids to communication.

Supplementary
31.Status of evidence given under Chapter I.
32.Warning to jury.
33.Interpretation etc. of Chapter I.

CHAPTER II
PROTECTION OF WITNESSES FROM CROSS-EXAMINATION BY ACCUSED IN PERSON
General prohibitions
34.Complainants in proceedings for sexual offences.
35.Child complainants and other child witnesses.

Prohibition imposed by court
36.Direction prohibiting accused from cross-examining particular witness.
37.Further provisions about directions under section 36.

Cross-examination on behalf of accused
38.Defence representation for purposes of cross-examination.
39.Warning to jury.
40.Funding of defence representation.

CHAPTER III
PROTECTION OF COMPLAINANTS IN PROCEEDINGS FOR SEXUAL OFFENCES
41.Restriction on evidence or questions about complainant's sexual history.
42.Interpretation and application of section 41.
43.Procedure on applications under section 41.

CHAPTER IV
REPORTING RESTRICTIONS
Reports relating to persons under 18
44.Restrictions on reporting alleged offences involving persons under 18.
45.Power to restrict reporting of criminal proceedings involving persons under 18.

Reports relating to adult witnesses
46.Power to restrict reports about certain adult witnesses in criminal proceedings.

Reports relating to directions under Chapter I or II
47.Restrictions on reporting directions under Chapter I or II.

Other restrictions
48.Amendments relating to other reporting restrictions.

Offences
49.Offences under Chapter IV.
50.Defences.
51.Offences committed by bodies corporate or Scottish partnerships.

Supplementary
52.Decisions as to public interest for purposes of Chapter IV.

CHAPTER V
COMPETENCE OF WITNESSES AND CAPACITY TO BE SWORN
Competence of witnesses
53.Competence of witnesses to give evidence.
54.Determining competence of witnesses.

Giving of sworn or unsworn evidence
55.Determining whether witness to be sworn.
56.Reception of unsworn evidence.
57.Penalty for giving false unsworn evidence.

CHAPTER VI
RESTRICTIONS ON USE OF EVIDENCE
Additional restrictions
58.Inferences from silence not permissible where no prior access to legal advice.
59.Restriction on use of answers etc. obtained under compulsion.

Removal of restriction
60.Removal of restriction on use of evidence from computer records.

CHAPTER VII
GENERAL
61.Application of Part II to service courts.
62.Meaning of "sexual offence" and other references to offences.
63.General interpretation etc. of Part II.

PART III
FINAL PROVISIONS
64.Regulations and orders.
65.General supplementary provisions.
66.Corresponding provisions for Northern Ireland.
67.Minor, consequential and pre-consolidation amendments, repeals and transitional provisions.
68.Short title, commencement and extent.
 

SCHEDULES:
    Schedule 1-Youth offender panels: further court proceedings.
    Part I-Referral back to appropriate court.
    Part II-Further convictions during referral.
    Schedule 2-Reporting restrictions: miscellaneous amendments.
    Schedule 3-Restriction on use of answers etc. obtained under compulsion.
    Schedule 4-Minor and consequential amendments.
    Schedule 5-Youth justice: pre-consolidation amendments.
    Schedule 6-Repeals.
    Schedule 7-Transitional provisions and savings.
 

 
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Prepared 30 June 1999