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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 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--
| 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--
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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
| |||
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--
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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--
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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--
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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--
(5) Rules of court may make provision--
| 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--
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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--
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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--
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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
| |||
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
| |||
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 |