NOTICES OF AMENDMENTS
given up to and including
Tuesday 6th July 1999
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
YOUTH JUSTICE AND CRIMINAL EVIDENCE BILL [LORDS], AS AMENDED
NEW CLAUSES
Referral of young offenders to youth offender panels
Mr William Hague
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
Mr James Arbuthnot
NC1
To move the following Clause:—
'.—(1) This section applies where a youth court or other magistrates' court is dealing with a person under the age of 18 for an offence for which a custodial sentence is available and—
(a) neither the offence nor any associated offence is one for which the sentence is fixed by law;
(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;
(c) the court is not proposing to impose a fine; and
(d) the court is not proposing to impose a conditional discharge.
(2) If the referral conditions are satisfied in accordance with subsection (3) and referral is available to the court, the court shall order the offender to be referred to a youth offender panel.
(3) The referral conditions are satisfied if the offender pleaded guilty to the offence or any associated offence and has never been convicted by or before a court in the United Kingdom of any offence other than the offence and 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(b) the notice has not been withdrawn.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) The Secretary of State may by regulations make such amendments of this section as he considers appropriate for altering in any way the descriptions of offenders in the case of which the referral conditions fall to be satisfied for the purposes of subsection (3).
(7) Any description of offender having effect for those purposes by virtue of such regulations may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—
(b) how the offender has pleaded;
(c) the offence (or offences) of which the offender has been convicted;
(d) the offender's previous convictions (if any);
(e) how (if at all) the offender has been previously punished or otherwise dealt with by any court;
(f) any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence); and
(g) whether the offender has previously been subject to a referral order.
(8) 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 Nothern Ireland),
as having been convicted of that offence'.
Restriction on reports about persons accused or suspected of committing a sexual offence
Mr William Hague
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
Mr James Arbuthnot
NC2
To move the following Clause:—
'.—(1) Subject to subsections (2) and (3), no matter relating to any person accused or suspected of committing a sexual offence shall be included in any publication if it is likely to lead to members of the public identifying him as a person involved in the offence unless and until he is convicted.
(2) A court may direct that a person to whom subsection (1) applies may be identified if identification is necessary to secure the arrest of that person or is otherwise in the interests of justice.
(3) A court making a direction pursuant to subsection (2) may give such ancillary directions as it thinks fit, having regard to the interests of justice and the interests of the accused or suspected person'.
Conditions for making an order under section 44(5)
Mr William Hague
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
Mr James Arbuthnot
NC3
To move the following Clause:—
'.—(1) Before making an order under section 44(5), the Secretary of State shall—
(a) publish a notice of his intention to make such an order and the reasons for his decision; and
(b) consult such persons as appear to him to be representative of news gathering and reporting organisations and any other persons he considers appropriate.
(2) The Secretary of State shall not make any order under section 44(5) until six months after the date of publication of the notice of intention under subsection (1)'.
Mr William Hague
Miss Ann Widdecombe
Mr David Lidington
Mr John Greenway
Mr James Arbuthnot
1
Page 1, line 8, leave out Clauses 1 and 2.
Mr A. J. Beith
Mr Bob Russell
Mr Richard Allan
12
*Page 1, line 16 [Clause 1], at end insert—
'(d) the court is not proposing to impose a conditional discharge.'.
Mr Secretary Straw
4
Page 13, line 24 [Clause 17], leave out 'section' and insert 'subsection'.
Mr Secretary Straw
5
Page 14, line 2 [Clause 17], leave out from 'offence' to end of line 5 and insert '(or to that offence and any other offences), the witness is eligible for assistance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness' wish not to be so eligible by virtue of this subsection.'.
Mr Secretary Straw
6
Page 17, line 35 [Clause 21], leave out 'the witness' and insert—
'(a) any cross-examination of the witness otherwise than by the accused in person, and
(b) any subsequent re-examination.'.
Mr Secretary Straw
7
Page 18, line 27 [Clause 22], leave out 'qualifying'.
Mr Secretary Straw
8
Page 24, line 5 [Clause 30], after 'disorder' insert 'or other impairment'.
Mr Secretary Straw
9
Page 48, line 12 [Clause 66], at end insert—
'(3) Until the day appointed under section 3 of the Northern Ireland Act 1998 for the commencement of Parts II and III of that Act this section shall have effect with the substitution for subsection (1) of the following—
"(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of any of the relevant provisions of this Act—
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament."'.
Mr Secretary Straw
2
Page 52, line 9 [Schedule 1], leave out 'sentences' and insert 'deals with'.
Mr Secretary Straw
3
Page 53, line 8 [Schedule 1], leave out 'those paragraphs' and insert 'paragraphs 11 and 12'.
Mr Secretary Straw
10
Page 74, line 29 [Schedule 4], leave out from beginning to 'substitute' in line 30 and insert—
'22.—(1) Section 51 (intimidation etc. of witnesses, jurors and others) is amended as follows.
(2) For subsections (1) to (3) (offences of intimidating, and of doing or threatening harm to, witnesses etc.)'.
Mr Secretary Straw
11
Page 75, line 9 [Schedule 4], at end insert—
'(3) In subsection (8) (presumption in proceedings for offence under subsection (2))—
(a) for "he did or threatened to do an act falling within paragraph (a) within the relevant period" substitute "within the relevant period—
(b) after "to have done the act" insert "or (as the case may be) threatened to do the act".'.
