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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 Marshalled List of Amendments to the Youth Justice and Criminal Evidence Bill [H.L.] to be moved in Committee in the House of Lords.

	The amendments have been marshalled in accordance with the instruction of 12th January 1999, as follows-
	Clauses 1 and 13 Schedule 1 Clauses 14 to 47 Schedule 2      Clauses 48 to 62 Schedules 3 to 5 Clause 63 [Amendments marked * are new or have been altered]
Amendment No.
	Clause 1
	BY THE VISCOUNT COLVILLE OF CULROSS THE LORD THOMAS OF GRESFORD
1	Page 1, line 8, after ("section") insert ("(subject to subsection (4A))")
	BY THE LORD COPE OF BERKELEY
2	Page 1, line 9, leave out ("under the age of 18")
3	Page 1, line 9, after ("offence") insert ("committed when he was under the age of 18")
4	Page 1, line 17, leave out subsection (2)
5	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 THE LORD THOMAS OF GRESFORD
6	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
7	Page 2, line 10, leave out ("(2) or")
8	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
9	Page 2, line 11, leave out subsection (1)
10	Page 2, leave out lines 16 to 19
11	Page 2, line 22, leave out ("one or more") and insert ("any")
12	Page 2, leave out lines 24 and 25
13	Page 2, line 28, leave out from ("(a)") to end of line 31
14	Page 2, line 32, at beginning insert ("One year or more after the coming into force of this Act,")
15	Page 2, line 34, leave out from second ("the") to ("discretionary") in line 35
16	Page 2, line 36, leave out ("1(2) or (3) (as the case may be)") and insert ("1(3)")
17	Page 2, leave out line 41
18	Page 3, line 4, leave out subsection (5)
	BY THE EARL OF MAR AND KELLIE THE LORD DHOLAKIA
19	Page 3, line 13, at end insert--       ("(  )  A referral order shall be entered on a young person's criminal record only if the young person is referred back to the appropriate court under section 12(4) of this Act.")
	Clause 3
	BY THE LORD COPE OF BERKELEY
20	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
21	Page 4, line 16, leave out from ("him") to end of line 17
	BY THE LORD WILLIAMS OF MOSTYN
22	Page 4, leave out lines 18 to 20
	BY THE LORD COPE OF BERKELEY
23	Page 4, line 18, leave out ("and (3)") and insert (", (3) and (5)")
	BY THE LORD WILLIAMS OF MOSTYN
24	Page 4, line 28, at end insert--       ("(  )  Subsections (2), (3) and (5) do not affect the exercise of any power to deal with the offender conferred by paragraph 5 (offender referred back to court by panel) or paragraph 14 (powers of a court where offender convicted while subject to referral) of Schedule 1.")
	BY THE LORD COPE OF BERKELEY
25	Page 4, line 29, leave out subsection (6)
	Clause 5
	BY THE LORD COPE OF BERKELEY
26	Page 5, line 8, leave out first ("a") and insert ("each")
	Clause 6
	BY THE EARL OF MAR AND KELLIE THE LORD DHOLAKIA
27	Page 5, line 39, at end insert ("within three working days")
	BY THE LORD COPE OF BERKELEY
28	Page 5, line 40, after ("held") insert (", within 14 days of the making of the order (or orders),")
29	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")
30	Page 6, line 8, at end insert-- ("(za)  one magistrate appointed by the court which made the referral order;")
	BY THE EARL OF MAR AND KELLIE THE LORD DHOLAKIA
31	Page 6, line 9, after ("member") insert (", who shall not be the supervisor of the young person,")
	BY THE LORD COPE OF BERKELEY
32	Page 6, line 11, at end insert (";  and (c)  one policeman appointed by the Chief Constable")
33	Page 6, line 11, at end insert--   ("and a magistrate, appointed under paragraph (za), shall preside over each meeting of the panel.")
	BY THE LORD DHOLAKIA THE LORD THOMAS OF GRESFORD
34	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.")
	Clause 7
	BY THE LORD COPE OF BERKELEY
35	Page 7, line 6, at beginning insert ("The offender may request and the panel may allow")
36	Page 7, line 6, after ("person") insert (", other than a legal representative,")
37	Page 7, line 7, leave out ("shall be entitled")
38	Page 7, line 10, after ("attend") insert ("part or all of")
39	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
40	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")
41	Page 7, line 30, at end insert (", for which he may be refunded out-of-pocket expenses")
42	Page 7, line 41, at end insert ("at specified times or all of the time")
43	Page 7, leave out lines 45 and 46
44	Page 8, line 4, after ("(2)(a)") insert ("or (b)")
45	Page 8, line 13, after ("offender,") insert-- ("(  )  by each appropriate person (as defined in section 5(3)),")
46	Page 8, line 17, leave out ("or sent")
47	Page 8, line 17, at end insert ("and sent to the court")
	Clause 9
	BY THE LORD COPE OF BERKELEY
48	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
49	Page 9, line 5, leave out from beginning to first ("the") in line 6
50	Page 9, line 8, leave out ("at a meeting of the panel")
	Clause 11
	BY THE LORD COPE OF BERKELEY
51	Page 9, line 33, after ("to") insert ("members of")
52	Page 9, line 39, at beginning insert ("consider or")
53	Page 9, line 42, leave out ("expedient") and insert ("desirable")
54	Page 10, line 1, after ("has") insert ("considered or")
55	Page 10, line 18, leave out ("or sent")
56	Page 10, line 19, at end insert ("and sent to the court")
	Clause 12
	BY THE LORD COPE OF BERKELEY
57	Page 10, line 45, after ("offender") insert (", and send to the court,")
58	Page 11, line 4, at end insert ("and the panel shall notify the court accordingly")
	Schedule 1
	BY THE LORD COPE OF BERKELEY
59	Page 44, leave out lines 10 to 17
60	Page 45, line 35, after ("order") insert (", including any related order under paragraph 11 or 12,")
	BY THE LORD DHOLAKIA
61	Page 45, line 39, after ("order") insert (", other than by imposing a custodial sentence on him")
	BY THE LORD COPE OF BERKELEY
62	Page 45, line 44, at end insert ("; and ("(c) where appropriate, may impose an additional sentence in respect of the time of the panel which has been wasted")
	BY THE LORD WILLIAMS OF MOSTYN
63	Page 47, line 36, leave out ("and (4) do not affect the operation of paragraph 5") and insert ("to (5) do not affect the exercise of any power to deal with the offender conferred by paragraph 5 or 14")

© Parliamentary copyright 1999	Prepared 18 January 1999

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