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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 Second 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-
	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.
	Schedule 1
59	[Withdrawn]
	BY THE VISCOUNT COLVILLE OF CULROSS
59A	Page 45, line 21, leave out from ("court") to end of line 27 and insert ("that the circumstances set out in the report by the panel under paragraph 2 of this Schedule accord with the provisions for a referral back in section 7, 10 or 11 of this Act,")
60	[Withdrawn]
	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")
	Clause 14
	BY THE EARL OF MAR AND KELLIE THE LORD DHOLAKIA
64	Page 11, line 28, leave out from second ("the") to ("shall") in line 29 and insert ("supervisor of the young person")
65	[Withdrawn]
	After Clause 14
	BY THE LORD DHOLAKIA THE LORD THOMAS OF GRESFORD
66	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 15
67	[Withdrawn]
	Clause 16
	BY THE LORD DHOLAKIA THE LORD THOMAS OF GRESFORD THE LORD RIX THE LORD SWINFEN
68	Page 12, line 27, leave out ("17") and insert ("18")
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
69	Page 12, line 30, at end insert--   ("or both")
	BY THE LORD WILLIAMS OF MOSTYN
69A	Page 12, line 35, leave out ("suffers from") and insert ("has a")
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
70	Page 12, line 35, leave out ("suffers from") and insert ("has")
71	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")
72	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).")
73	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 17
	BY THE LORD COPE OF BERKELEY
73A	Page 13, line 32, leave out from ("section") to end of line 34 and insert ("if he requests such treatment")
	Clause 18
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
74	Page 14, line 3, after ("that") insert (", no later than 1st January 2000,")
	Clause 19
	BY THE LORD COPE OF BERKELEY
74A	Page 15, line 3, after ("witness") insert ("or any other party to the proceedings")
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
75	Page 15, line 4, leave out ("might tend to") and insert ("will")
	Clause 20
	BY THE LORD WILLIAMS OF MOSTYN
75A	Page 15, line 29, leave out ("by the party at whose request the direction was given,") and insert ("made by a party to the proceedings,")
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
76	Page 16, line 4, leave out ("the") and insert ("more than one")
77	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 ACKNER
78	Page 16, line 17, leave out ("must") and insert ("may")
	BY THE LORD THOMAS OF GRESFORD THE LORD DHOLAKIA
79	Page 17, line 6, leave out ("17") and insert ("18")
	Clause 22
	BY THE LORD COPE OF BERKELEY
79A	Page 17, line 37, at end insert--       ("(4)  The screen or other arrangement may not prevent the witness from being seen by representatives of the news media unless the court gives permission.")
	Clause 23
	BY THE LORD COPE OF BERKELEY
79B	Page 18, line 23, at end insert--       ("(  )  Where a direction provides for the witness to give evidence by means of a live link, the court may give permission for a support person, who is not a party to the case, to be present with the witness.")
79C	Page 18, line 31, at end insert ("and (4)")
	Clause 24
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
80	Page 19, line 4, at end insert ("under section 16(1) or (2) or 17")
	BY THE LORD COPE OF BERKELEY
80A	Page 19, line 4, at end insert--       ("(4)  Representatives of the news media may not be excluded under subsection (1) unless the court specifically so decides.")
	Clause 26
	BY THE LORD THOMAS OF GRESFORD THE LORD DHOLAKIA
81	Page 19, line 8, leave out first ("the witness") and insert ("a witness who is eligible by virtue of section 16(1)")
	BY THE VISCOUNT COLVILLE OF CULROSS
82	Page 19, line 15, leave out subsection (3) and insert--       ("(3)  In considering for the purposes of subsection (2) of this section 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 THE LORD THOMAS OF GRESFORD
83	Page 20, line 40, after ("both)") insert ("who is (or are) to have conduct of the trial or appeal")
	BY THE VISCOUNT COLVILLE OF CULROSS THE LORD COPE OF BERKELEY
	The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.
	After Clause 27
	BY THE VISCOUNT COLVILLE OF CULROSS THE LORD THOMAS OF GRESFORD
84	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.
	Clause 28
	BY THE LORD ACKNER THE LORD WILLIAMS OF MOSTYN
85	Page 21, line 31, leave out ("and (if necessary) explain")
	BY THE LORD WILLIAMS OF MOSTYN
85A	Page 21, line 35, at end insert--   ("and to explain such questions or answers so far as necessary to enable them to be understood by the witness or person in question.")
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
86	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
87	Page 22, line 23, leave out ("or suffers from")
	Clause 31
	BY THE LORD RIX THE LORD SWINFEN THE LORD DHOLAKIA
88	Page 23, line 20, at end insert ("; or (b)  a statement made under section 30(1)")
	Clause 33
	BY THE LORD ACKNER
89	Page 24, line 5, at beginning insert ("Unless the court considers it to be in the interests of justice,")
	BY THE LORD THOMAS OF GRESFORD THE LORD DHOLAKIA
90	Page 24, line 5, at beginning insert ("Without the leave of the court,")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
91	Page 24, line 6, after ("proceedings") insert (", except with the leave of the court,")
	BY THE BARONESS MALLALIEU THE LORD BINGHAM OF CORNHILL THE LORD WIGODER
92	Page 24, line 10, at end insert--       ("(  )  This section shall not come into force unless and until the Secretary of State has certified that, in his opinion and in the light of experience gained after the passing of this Act, it is necessary to bring the section into force for the reasonable protection in criminal proceedings of witnesses who are complainants of sexual offences.")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
93	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.")
94	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.")

© Parliamentary copyright 1999	Prepared 1 February 1999

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