House of Lords Amendments - Youth Justice and Criminal Evidence Bill [H.L.]

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

Clause 5

BY THE LORD WILLIAMS OF MOSTYN

     Page 4, line 45, leave out from beginning to ("to") in line 2 on page 5 and insert ("may make an order requiring--
(a)  the appropriate person, or

(b)  in a case where there are two or more appropriate persons, any one or more of them,")

     Page 5, line 3, at end insert--

    ("(1A)  Where an offender is under the age of 16 years when a court makes a referral order in his case--
(a)  the court shall exercise its power under subsection (1) so as to require at least one appropriate person to attend meetings of the youth offender panel; and

(b)  if the offender falls within subsection (5), the person or persons so required to attend those meetings shall be or include a representative of the local authority mentioned in that subsection.")

     Page 5, line 4, leave out ("Subsection (1) does") and insert ("Subsections (1) and (1A) do")

     Page 5, line 7, leave out from ("(5)") to end of line 9 and insert (", each person who is a parent or guardian of the offender is an "appropriate person" for the purposes of this section.")

     Page 5, line 10, leave out (""the appropriate person for the purposes of subsection (1) is") and insert (", each of the following is an "appropriate person" for the purposes of this section")

     Page 5, line 13, leave out ("or") and insert ("and")

     Page 5, line 14, leave out first ("a") and insert ("each")

     Page 5, line 14, leave out ("and with whom he") and insert ("with whom the offender")

Clause 9

BY THE LORD WILLIAMS OF MOSTYN

     Page 8, line 35, at end insert ("unless it has already expired.")

Clause 12

BY THE LORD WILLIAMS OF MOSTYN

     Page 10, line 36, after ("holding") insert (",  before the end of that period,")

     Page 11, line 6, at end insert--

    ("(  )  Nothing in section 7(2) prevents the panel from making the decision mentioned in subsection (3) in the offender's absence if it appears to the panel to be appropriate to do that instead of exercising either of its powers under section 7(2).

    (  )  Section 7(2)(a) does not permit the final meeting to be adjourned (or re-adjourned) to a time falling after the end of the compliance period.")

Schedule 1

BY THE LORD WILLIAMS OF MOSTYN

     Page 45, line 46, at end insert ("; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).")

Clause 16

BY THE LORD ANNALY
THE LORD SWINFEN

     Page 12, line 38, at end insert--
("(c)  that the witness is deaf and will require a sign language interpreter for the purposes of giving evidence.")

Clause 17

BY THE LORD ANNALY
THE LORD SWINFEN

     Page 13, line 22, at end insert ("and
    (iv) the means of communication;")

Clause 26

BY THE VISCOUNT COLVILLE OF CULROSS

     Page 19, line 15, at beginning insert ("Subject to section 30(5)")

Clause 27

BY THE VISCOUNT COLVILLE OF CULROSS

     Page 20, line 31, leave out ("the") and insert ("such a")

     Page 21, line 22, after ("diligence") insert ("or after due disclosure")

After Clause 27

BY THE LORD ANNALY
THE LORD SWINFEN

     Insert the following new Clause--

    ("  .--(1)  A special measures direction may provide for the video recording of evidence of a person whose evidence is being given through a sign language interpreter.

    (2)  The video recording shall visually record all communication by sign language by both the interpreter and the witness.") Video recording of witness and sign language interpreter.

Clause 63

BY THE VISCOUNT COLVILLE OF CULROSS

     Page 42, line 32, leave out ("or") and insert ("and with respect to")

© Parliamentary copyright 1999
Prepared 25 February 1999

	Clause 5
	BY THE LORD WILLIAMS OF MOSTYN
	Page 4, line 45, leave out from beginning to ("to") in line 2 on page 5 and insert ("may make an order requiring-- (a) the appropriate person, or (b) in a case where there are two or more appropriate persons, any one or more of them,")
	Page 5, line 3, at end insert-- ("(1A) Where an offender is under the age of 16 years when a court makes a referral order in his case-- (a) the court shall exercise its power under subsection (1) so as to require at least one appropriate person to attend meetings of the youth offender panel; and (b) if the offender falls within subsection (5), the person or persons so required to attend those meetings shall be or include a representative of the local authority mentioned in that subsection.")
	Page 5, line 4, leave out ("Subsection (1) does") and insert ("Subsections (1) and (1A) do")
	Page 5, line 7, leave out from ("(5)") to end of line 9 and insert (", each person who is a parent or guardian of the offender is an "appropriate person" for the purposes of this section.")
	Page 5, line 10, leave out (""the appropriate person for the purposes of subsection (1) is") and insert (", each of the following is an "appropriate person" for the purposes of this section")
	Page 5, line 13, leave out ("or") and insert ("and")
	Page 5, line 14, leave out first ("a") and insert ("each")
	Page 5, line 14, leave out ("and with whom he") and insert ("with whom the offender")
	Clause 9
	BY THE LORD WILLIAMS OF MOSTYN
	Page 8, line 35, at end insert ("unless it has already expired.")
	Clause 12
	BY THE LORD WILLIAMS OF MOSTYN
	Page 10, line 36, after ("holding") insert (", before the end of that period,")
	Page 11, line 6, at end insert-- ("( ) Nothing in section 7(2) prevents the panel from making the decision mentioned in subsection (3) in the offender's absence if it appears to the panel to be appropriate to do that instead of exercising either of its powers under section 7(2). ( ) Section 7(2)(a) does not permit the final meeting to be adjourned (or re-adjourned) to a time falling after the end of the compliance period.")
	Schedule 1
	BY THE LORD WILLIAMS OF MOSTYN
	Page 45, line 46, at end insert ("; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).")
	Clause 16
	BY THE LORD ANNALY THE LORD SWINFEN
	Page 12, line 38, at end insert-- ("(c) that the witness is deaf and will require a sign language interpreter for the purposes of giving evidence.")
	Clause 17
	BY THE LORD ANNALY THE LORD SWINFEN
	Page 13, line 22, at end insert ("and (iv) the means of communication;")
	Clause 26
	BY THE VISCOUNT COLVILLE OF CULROSS
	Page 19, line 15, at beginning insert ("Subject to section 30(5)")
	Clause 27
	BY THE VISCOUNT COLVILLE OF CULROSS
	Page 20, line 31, leave out ("the") and insert ("such a")
	Page 21, line 22, after ("diligence") insert ("or after due disclosure")
	After Clause 27
	BY THE LORD ANNALY THE LORD SWINFEN
	Insert the following new Clause--
	(" .--(1) A special measures direction may provide for the video recording of evidence of a person whose evidence is being given through a sign language interpreter. (2) The video recording shall visually record all communication by sign language by both the interpreter and the witness.")		Video recording of witness and sign language interpreter.
	Clause 63
	BY THE VISCOUNT COLVILLE OF CULROSS
	Page 42, line 32, leave out ("or") and insert ("and with respect to")