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House of Lords
Session 1998-99
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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 6
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     Page 6, line 15, at end insert--
 
    ("(  )  The Secretary of State shall by regulations make provision requiring that the ethnic composition of the local population shall be taken into account in the appointment of members of youth offender panels.")
 
  
After Clause 14
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
 
     Insert the following new Clause-- 
     ("  .  The Secretary of State shall make arrangements for the ethnic monitoring of--
    (a)  persons referred to youth offender panels;
    (b)  the decisions of such panels, including decisions to refer offenders back to a court; and
    (c)  decisions made by courts in respect of offenders referred back to them by youth offender panels."
Ethnic monitoring of youth offender panels.
  
Clause 16
 
  
BY THE LORD DHOLAKIA
THE LORD THOMAS OF GRESFORD
THE LORD RIX
THE LORD SWINFEN
 
     Page 12, line 27, leave out ("17") and insert ("18") 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 12, line 30, at end insert--
 
("or both")
 
     Page 12, line 35, leave out ("suffers from") and insert ("has") 
     Page 12, line 43, at end insert (", the extent to which the witness requires support and the views of relatives, carers, advocates and other relevant parties") 
     Page 13, line 5, at end insert--
 
    ("(  ) The evidence of a supporter, relative or carer may be received on the question whether the witness falls within subsection (2)(a)(ii)")
 
     Page 13, line 5, at end insert--
 
    ("(  )  The court must state in open court its reasons for refusing an application that a witness falls within subsection (2)(a).")
 
  
Clause 18
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 14, line 3, after ("that") insert (", no later than 1st January 2000,") 
  
Clause 19
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 15, line 4, leave out ("might tend to") and insert ("will") 
  
Clause 20
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 16, line 4, leave out ("the") and insert ("more than one") 
     Page 16, line 12, at end insert--
    ("(e) for evidence of a supporter, carer or relative of a witness to be given in connection with an application for, or for varying or discharging, such a direction.")
 
  
Clause 21
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     Page 17, line 6, leave out ("17") and insert ("18") 
  
Clause 24
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 19, line 4, at end insert ("under section 16(1) or (2) or 17") 
  
Clause 26
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     Page 19, line 8, leave out ("the witness") and insert ("a witness who is eligible by virtue of section 16(1)") 
  
Clause 28
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 22, line 18, at end insert--
 
    ("(  )  Rules of court may make provision for the appointment and appropriate training of an intermediary.")
 
  
Clause 29
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 22, line 23, leave out ("or suffers from") 
  
Clause 31
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 23, line 20, at end insert ("or
    (b)  a statement made under section 30(1)")
 
  
Clause 33
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     Page 24, line 5, at beginning insert ("Without the leave of the court,") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 24, line 6, after ("proceedings") insert (", except with the leave of the court,") 
     Page 24, line 10, at end insert--
 
    ("(2)  The court may grant leave, in terms of subsection (1) above, in any case in which it is satisfied that the refusal of leave might have the result of rendering unsafe any conviction of the person charged, by the jury or (as the case may be) by the court.")
 
     Page 24, line 10, at end insert--
 
    ("(  )  The court shall grant leave, in terms of subsection (1) above, in any case in which it is satisfied that--
    (a)  it would be contrary to the interests of justice for such cross-examination not to take place, or
    (b)  the absence of such cross-examination would be incompatible with the Convention rights of the person charged.")
 
  
Clause 34
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 24, line 12, after ("proceedings") insert (", except with the leave of the court,") 
     Page 24, line 16, at end insert--
 
    ("(2)  The court may grant leave, in terms of subsection (1) above, in any case in which it is satisfied that the refusal of leave--
    (a)  might have the result of rendering unsafe any conviction of the person charged, by the jury or (as the case may be) by the court, and
    (b)  would not be compatible with the Convention rights of the witness.")
 
     Page 24, line 16, at end insert--
 
    ("(  )  The court shall grant leave, in terms of subsection (1) above, in any case in which it is satisfied that--
    (a)  it would be contrary to the interests of justice for such cross-examination not to take place, or
    (b)  the absence of such cross-examination would be incompatible with the Convention rights of the person charged,
and in either event, that the granting of leave would not be incompatible with the Convention rights of the witness.")
 
     Page 24, line 33, after ("kidnapping") insert ("of a child") 
     Page 24, line 33, after ("imprisonment") insert ("of a child") 
     Page 24, line 38, at end insert (", who is a child") 
  
After Clause 34
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Insert the following new Clause-- 
     ("  .--(1)  Subject to subsection (2), a grant of leave has binding effect from the time it is made until the witness to whom it applies is discharged.
 
    (2)  In this section "grant of leave" means a grant of leave under sections 33(2) or 34(2).
 
    (3)  The court shall recall a grant of leave if it appears to the court to be in the interests of justice to do so, and may do so either--
    (a)  on an application made by a party to the proceedings, if there has been a material change of circumstances since the date that leave was granted; or
    (b)  of its own motion.
    (4)  The court must state in open court its reasons for--
    (a)  granting leave;
    (b)  refusing an application for, or for the recall of, the grant of leave; or
    (c)  the recall of a grant of leave,
and, if it is a magistrates' court, must cause them to be entered in the register of proceedings.
 
    (5)  Rules of court may make provision--
    (a)  for uncontested applications to be determined by the court without a hearing;
    (b)  for preventing the renewal of an unsuccessful application for a direction except where there has been a meaningful change of circumstances;
    (c)  for expert evidence to be given in connection with an application for, or for the recall of, a grant of leave; and
    (d)  for the manner in which confidential or sensitive information is to be treated in connection with such an application and in particular as to its being disclosed to, or withheld from, a party to the proceedings.")
Grant of leave.
  
Clause 35
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 25, leave out lines 12 to 18 
     Page 25, leave out lines 12 to 18 and insert--
    ("(a)  that it would be incompatible with the Convention rights of the person charged, or
 
     Page 25, line 21, leave out ("may") and insert ("shall") 
     Page 25, line 23, leave out subsection (3) 
     Page 25, line 26, at end insert--
    ("(  ) the Convention rights of the witness")
 
     Page 25, line 43, leave out from ("proceedings") to end of line 45 
  
Clause 37
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     Page 26, line 33, leave out (", 34 or 35") 
     Page 26, line 34, leave out subsections (2) and (3) 
     Page 27, line 3, leave out ("cross-examine the witness") and insert ("put the case for the defence") 
     Page 27, leave out lines 7 and 8 
  
Clause 40
 
  
BY THE LORD DHOLAKIA
 
     Page 28, line 19, after ("sexual behaviour") insert ("or any medical history in relation to mental disorder") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 28, line 24, after ("(5)") insert ("or (6)") 
     Page 28, leave out lines 25 to 27 and insert--
    ("(b)  that it would be contrary to the interests of justice to exclude the evidence or question.")
 
     Page 28, line 29, leave out from ("case") to end of line 35 
  
BY THE LORD DHOLAKIA
 
     Page 28, line 31, leave out from ("the") to ("is") in line 32 and insert ("evidence or question relates to sexual behaviour of the complainant which") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 28, line 42, leave out ("&#M10;by the prosecution") and insert ("otherwise than by or on behalf of the accused"&#M10;") 
     Page 28, line 42, leave out from ("prosecution") to ("and") in line 43 
     Page 28, line 45, leave out ("by the prosecution") and insert ("otherwise than by or on behalf of the accused") 
     Page 28, line 46, at end insert--
 
    ("(  )  This subsection applies if the evidence or question is relevant to the defence of proving that the sexual offence with which the accused is charged was committed by another person.")
 
  
BY THE LORD DHOLAKIA
 
     Page 29, line 3, after ("complainant") insert ("or
    (b)  specific evidence relating to the complainant's mental state at the time of the event which is the subject matter of the charge against the accused,")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 29, line 5, at end insert--
 
    ("(  )  Where evidence or questioning is or has been allowed or admitted in terms of this section, the court may at any time limit as it thinks fit the extent of the evidence or the questioning.")
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 40 stand part of the Bill. 
  
Clause 41
 
  
BY THE LORD DHOLAKIA
 
     Page 29, line 29, at end insert ("; and
    (e)  mental disorder" means mental disorder within the meaning of the Mental Health Act 1983.")
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 41 stand part of the Bill. 
  
Clause 42
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill. 
  
Clause 51
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 37, line 23, leave out ("calling") and insert ("opposing the competence of{is0p1}") 
     Page 37, line 24, after ("is") insert ("not") 
  
Clause 52
 
  
BY THE LORD RIX
THE LORD SWINFEN
THE LORD DHOLAKIA
 
     Page 38, line 7, leave out ("seeking to have the witness sworn") and insert ("opposing the competence of the witness") 
     Page 38, line 9, leave out ("attained the age of 14 and has") and insert ("not attained the age of 14 or does not have") 
  
Clause 60
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 42, line 7, at end insert--
 
    ("(  )  In this Act "the Convention rights" has the same meaning as in the Human Rights Act 1998.")
 
 
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© Parliamentary copyright 1999
Prepared 15 January 1999