House of Lords Amendments - 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 - continued	House of Lords
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	After Clause 34
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
101	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 section 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
102	Page 25, leave out lines 12 to 18
103*	Page 25, leave out lines 12 to 18 and insert-- ("(a) that it would not be incompatible with the Convention rights of the person charged if a direction were given under this section, or")
104	Page 25, line 21, leave out ("may") and insert ("shall")
105	Page 25, line 23, leave out subsection (3)
106	Page 25, line 26, at end insert-- ("( ) the Convention rights of the witness;")
107	Page 25, line 43, leave out from ("proceedings") to end of line 45
	BY THE LORD ACKNER THE LORD THOMAS OF GRESFORD
	The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.
	Clause 36
	BY THE LORD ACKNER THE LORD THOMAS OF GRESFORD
	The above-named Lords give notice of their intention to oppose the Question that Clause 36 stand part of the Bill.
	Clause 37
	BY THE LORD THOMAS OF GRESFORD THE LORD DHOLAKIA
108	Page 26, line 33, leave out (", 34 or 35")
109	Page 26, line 34, leave out subsections (2) and (3)
110	Page 27, line 3, leave out ("cross-examine the witness") and insert ("put the case for the defence")
111	Page 27, leave out lines 7 and 8
	Clause 40
	BY THE LORD DHOLAKIA
112	Page 28, line 19, after ("behaviour") insert ("or any medical history in relation to mental disorder")
	BY THE LORD ACKNER
113	Page 28, leave out line 24
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
114	Page 28, line 24, after ("(5)") insert ("or (5A)")
115	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.")
	BY THE LORD ACKNER
116	Page 28, line 28, leave out subsections (3) and (4)
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
117	Page 28, line 29, leave out from ("case") to end of line 35
	BY THE LORD DHOLAKIA
118	Page 28, line 31, leave out from first ("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
119	Page 28, line 42, leave out ("by the prosecution") and insert ("otherwise than by or on behalf of the accused")
120	Page 28, line 42, leave out from ("prosecution") to ("and") in line 43
121	Page 28, line 45, leave out ("by the prosecution") and insert ("otherwise than by or on behalf of the accused")
122	Page 28, line 46, at end insert-- ("(5A) 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
123	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
124	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 BARONESS MALLALIEU THE LORD BINGHAM OF CORNHILL
125	Page 29, line 16, at end insert-- ("( ) Notwithstanding the other provisions of this section, the court may, on application by or on behalf of any accused, give leave for any evidence to be adduced or question to be asked if and to the extent that the court considers such evidence or question to be necessary in the interests of justice to ensure a fair trial of the accused.")
	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
126	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
127	Page 37, line 23, leave out ("calling") and insert ("opposing the competence of")
128	Page 37, line 24, after ("is") insert ("not")
	Clause 52
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
129	Page 38, line 7, leave out ("seeking to have the witness sworn") and insert ("opposing the competence of the witness")
130	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 55
	BY THE LORD ACKNER THE LORD THOMAS OF GRESFORD
131	Page 39, line 15, after second ("to") insert (", and during,")
132	Page 39, line 21, after second ("to") insert (", and during,")
133	Page 39, line 27, after second ("to") insert (", and during,")
	Clause 60
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
134	Page 42, line 7, at end insert-- ("( ) In this Act "the Convention rights" has the same meaning as in the Human Rights Act 1998.")
	Schedule 4
	BY THE VISCOUNT COLVILLE OF CULROSS THE LORD THOMAS OF GRESFORD
135	Page 59, line 54, column 3, leave out ("(3A) to (3E)") and insert ("(3C) to (3E), (4)")



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