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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 34 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 34
95	[Withdrawn]
96	[Withdrawn]
97	[Withdrawn]
98	[Withdrawn]
99	[Withdrawn]
100	[Withdrawn]
	After Clause 34
101	[Withdrawn]
	Clause 35
102	[Withdrawn]
103	[Withdrawn]
104	[Withdrawn]
105	[Withdrawn]
106	[Withdrawn]
107	[Withdrawn]
	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)
	BY THE LORD COPE OF BERKELEY
109A	Page 27, line 2, after ("cross-examined,") insert ("and if the accused agrees,")
	BY THE LORD THOMAS OF GRESFORD THE LORD DHOLAKIA
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 43
	BY THE LORD COPE OF BERKELEY
126A	Page 30, line 28, at end insert ("in public by the police in the course of their duties")
	BY THE LORD WINDLESHAM
126AA	Page 31, line 18, leave out subsection (6)
	BY THE LORD COPE OF BERKELEY
126B	Page 31, line 42, at end insert--       ("(  )  Nothing in this section shall impose any restriction on the police from publishing any information in the course of their duties, nor on the reporting of any such publication by the police.")
126C	Page 31, line 42, at end insert--       ("(  )  Nothing in this section shall impose any restriction on the reporting of Parliamentary proceedings.")
	Clause 44
	BY THE LORD WILLIAMS OF MOSTYN
126D	Page 32, line 7, leave out from ("1933") to end of line 9
	BY THE LORD WINDLESHAM
126E	Page 32, line 15, leave out subsection (4)
126F	Page 32, line 34, leave out subsections (7) to (9)
	Schedule 2
	BY THE LORD WILLIAMS OF MOSTYN
126G	Page 50, line 39, leave out ("or Northern Ireland") and insert--     ("(13)  In its application to Northern Ireland, this section has effect as if-- (a)  in subsection (1) for the reference to the age of 18 there were substituted a reference to the age of 17; (b)  subsection (2)(c) and (d) were omitted; (c)  in subsection (4A)--
	(i)  in paragraph (d) for the reference to section 16(3) of the Criminal Justice Act 1982 there were substituted a reference to Article 50(3) of the Criminal Justice (Children) (Northern Ireland) Order 1998; and		1982 c. 48. S.I. 1998/1504 (N.I.  9).
	(ii)  in paragraph (e) for the references to a detention and training order and to section 76(6)(b) of the Crime and Disorder Act 1998 there were substituted references to a juvenile justice centre order and to Article 40(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998; (d)  in subsection (5) for references to a court (other than the reference in paragraph (b)) there were substituted references to a court or the Secretary of State; (e)  in subsection (7)--     (i)  for the references to the Director of Public Prosecutions there were substituted references to the Director of Public Prosecutions for Northern Ireland; and     (ii)  in paragraph (b) for the reference to any legal representative of the child or young person there were substituted a reference to any barrister or solicitor acting for the child or young person; (f)  subsections (8) and (10) were omitted; and (g)  in subsection (11)--     (i)  the definition of "legal representative" were omitted; and		1998 c. 37. S.I. 1998/1504 (N.I.  9).
	(ii)  for the references to section 31(1) of the Criminal Justice Act 1991 there were substituted references to Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996.     (14)  References in this section to a young person concerned in proceedings are, where the proceedings are in a court in Northern Ireland, to a person who has attained the age of 14 but is under the age of 17."")		1991 c. 53. S.I. 1996/3160 (N.I.  24).
	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)")
	BY THE LORD WILLIAMS OF MOSTYN
136	Page 60, line 47, column 3, leave out from ("Article") to end of line 50 and insert ("22")
	Clause 63
	BY THE LORD WILLIAMS OF MOSTYN
137	Page 42, line 38, after ("provisions;") insert-- ("(  )  the provisions of paragraph 6 of Schedule 5 and paragraph 1 of that Schedule so far as having effect for the purposes of those provisions;")

© Parliamentary copyright 1999	Prepared 8 February 1999

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