 House of Lords |
Session 1998-99 Publications on the internet Other Bills before Parliament Amendments to the Youth Justice and Criminal Evidence Bill [H.L.] |
| Youth Justice and Criminal Evidence Bill [H.L.] - Amendments to be debated in the House of Lords Here you can browse the Amendments to the Youth Justice and Criminal Evidence Bill [H.L.] to be moved in Committee in the House of Lords. |
| Clause 1 | |||
| BY THE VISCOUNT COLVILLE OF CULROSS | |||
| Page 1, line 8, after ("section") insert ("(subject to subsection (4A))") | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 1, line 9, leave out ("under the age of 18") | |||
| Page 1, line 9, after ("offence") insert ("committed when he was under the age of 18") | |||
| Page 1, line 17, leave out subsection (2) | |||
|
Page 2, line 9, at end insert-- ("( ) If the area in which the offender resides, or will reside, is not an area in which referral is available under subsection (4), the court shall sentence the offender as if he had always resided in a place where referral was not available.") | |||
| BY THE VISCOUNT COLVILLE OF CULROSS | |||
| Page 2, line 9, at end insert-- | |||
| ("(4A) Subsections (3) and (4) shall apply to the Crown Court when hearing an appeal by virtue of section 108 of the Magistrates' Courts Act 1980.") | 1980 c. 43. | ||
| BY THE LORD COPE OF BERKELEY | |||
| Page 2, line 10, leave out ("(2) or") | |||
|
Page 2, line 10, at end insert-- ("(6) This Part shall cease to have effect two years after it comes into force unless an order to continue it in effect, made by the Secretary of State, has been laid before, and approved by resolution of, each House of Parliament.") | |||
| Clause 2 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 2, line 11, leave out subsection (1) | |||
| Page 2, leave out lines 16 to 19 | |||
| Page 2, line 22, leave out ("one or more") and insert ("any") | |||
| Page 2, leave out lines 24 and 25 | |||
| Page 2, line 28, leave out from ("(a)") to end of line 31 | |||
| Page 2, line 32, at beginning insert ("One year or more after the coming into force of this Act,") | |||
| Page 2, line 34, leave out from second ("the") to ("discretionary") in line 35 | |||
| Page 2, line 36, leave out ("1(2) or (3) (as the case may be)") and insert ("1(3)") | |||
| Page 2, leave out line 41 | |||
| Page 3, line 4, leave out subsection (5) | |||
| Clause 3 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 3, line 34, leave out ("each, or each of two or more,") and insert ("more than one") | |||
| Clause 4 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 4, line 16, leave out from ("him") to end of line 17 | |||
| Page 4, line 18, leave out ("and (3)") and insert (", (3) and (5)") | |||
| Page 4, line 29, leave out subsection (6) | |||
| Clause 5 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 5, line 8, leave out first ("a") and insert ("each") | |||
| Clause 6 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 5, line 40, after ("held") insert (", within 14 days of the making of the order (or orders),") | |||
| Page 6, line 6, leave out from ("with") to end of line 7 and insert ("regulations made by the Secretary of State, a draft of which has been laid before, and approved by resolution of, each House of Parliament.") | |||
Page 6, line 8, at end insert--
| |||
Page 6, line 11, at end insert ("; and
| |||
|
Page 6, line 11, at end insert-- ("and a magistrate, appointed under subsection (3)(za), shall preside over each meeting of the panel.") | |||
| Clause 7 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 7, line 6, at beginning insert ("The offender may request and the panel may allow") | |||
| Page 7, line 6, after ("person") insert (", other than a legal representative,") | |||
| Page 7, line 7, leave out ("shall be entitled") | |||
| Page 7, line 10, after ("attend") insert ("part or all of") | |||
|
Page 7, line 15, at end insert-- ("(5) The panel may hold any part of any meeting in private, without the offender or any other person being present, for the purpose of discussing the case.") | |||
| Clause 8 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 7, line 21, after ("programme") insert ("shall include an obligation to make an act or acts in reparation for the offence or offences, and") | |||
| Page 7, line 30, at end insert (", for which he may be refunded out-of-pocket expenses.") | |||
| Page 7, line 41, at end insert ("at specified times or all of the time") | |||
| Page 7, leave out lines 45 and 46 | |||
| Page 8, line 4, after ("(2)(a)") insert ("or (2)(b)") | |||
Page 8, line 13, after ("offender;") insert--
| |||
| Page 8, line 17, leave out ("or sent") | |||
| Page 8, line 17, at end insert ("and sent to the court") | |||
| Clause 9 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 8, line 20, leave out from third ("the") to end of line 21 and insert ("day on which it was signed by the offender") | |||
| Clause 10 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 9, line 5, leave out from beginning to first ("the") in line 6 | |||
| Page 9, line 8, leave out ("at a meeting of the panel") | |||
| Clause 11 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 9, line 33, after ("to") insert ("members of") | |||
| Page 9, line 39, at beginning insert ("consider or") | |||
| Page 9, line 42, leave out ("expedient") and insert ("desirable") | |||
| Page 10, line 1, after ("has") insert ("considered or") | |||
| Page 10, line 18, leave out ("or sent") | |||
| Page 10, line 19, at end insert ("and sent to the court") | |||
| Clause 12 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 10, line 45, after ("offender") insert (", and send to the court,") | |||
| Page 11, line 4, at end insert ("and the panel shall notify the court accordingly") | |||
| Schedule 1 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 44, leave out lines 10 to 17 | |||
| Page 45, line 35, after ("order") insert (", including any related order under paragraph 11 or 12,") | |||
Page 45, line 44, at end insert ("; and
| |||
| Clause 14 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 11, line 32, after ("given") insert ("in regulations") | |||
| Clause 15 | |||
| BY THE LORD COPE OF BERKELEY | |||
| Page 11, line 34, leave out from ("be") to end of line 35 and insert ("the youth court or other magistrates' court which ordered the offender to be referred to a youth offender panel;") | |||
| Clause 26 | |||
| BY THE VISCOUNT COLVILLE OF CULROSS | |||
|
Page 19, line 15, leave out subsection (3) and insert-- ("(3) In considering for the purposes of subsection (2) or subsection (1) or (2) of section 27 whether any part of a recording should not be admitted under these sections, the court may refuse to allow evidence on which any party proposes to rely if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.") | |||
| Clause 27 | |||
| BY THE VISCOUNT COLVILLE OF CULROSS | |||
| Page 20, line 40, after ("both)") insert ("who is (or are) to have conduct of the trial or appeal") | |||
| The Viscount Colville of Culross gives notice of his intention to oppose the Question that Clause 27 stand part of the Bill. | |||
| After Clause 27 | |||
| BY THE VISCOUNT COLVILLE OF CULROSS | |||
| Insert the following new Clause-- | |||
| (" . Where a court makes a special measures direction under section 26 or 27, it may, notwithstanding any time limits provided by regulations under section 12 of the Criminal Procedure and Investigations Act 1996, give and enforce such time limits as it thinks fit for the expeditious bringing to trial of the accused.") | Time limits for video recorded evidence cases. 1996 c. 25. | ||
| Schedule 4 | |||
| BY THE VISCOUNT COLVILLE OF CULROSS | |||
| Page 59, line 54, column 3, leave out ("(3A) to (3E)") and insert ("(3C) to (3E), (4)") | |||
| |
| © Parliamentary copyright 1999 | Prepared 12 January 1999 |