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Clause 45 | |
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BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR | |
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Page 33, line 12, at end insert ("and
(c) that the administration of justice in the proceedings would otherwise be frustrated or rendered impracticable,") | |
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Page 33, leave out line 13 and insert--
(iii) criminal proceedings in any court,
the court may prohibit the publication of the name, address or still or moving picture of the witness (a reporting direction) by directions under subsection (1) for such reasonable period as the court considers necessary, even if the name or address has not previously been withheld from the public in proceedings before the court, but only if--
(i) but for that previous disclosure the court would have had the power to allow those matters to be withheld from the public and give such directions under section 11 of the Contempt of Court Act 1981; and
(ii) the court has had regard to all the circumstances, including in particular--
(a) the public interest and special importance of freedom of expression;
(b) the desirability of avoiding any restrictions upon reporting of proceedings, save where the publication without such restrictions would otherwise frustrate and render impracticable the administration of justice;
(c) the extent of previous publicity or availability of that information to the public in connection with the proceedings;
(d) the reasons why such information was not previously withheld from the public and the court is satisfied that there are no other reasons why the order should not be made.") | |
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Page 33, line 13, at end insert--
("( ) A court shall not exercise its power under subsection (2) without--
(a) affording any person whose publication would be affected by such a restriction an opportunity to make representation; and
(b) taking into account any representations which are duly made.") | |
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Page 33, line 15, at end insert ("on cogent evidence, that the person should not be identified in a publication as a witness in the proceedings") | |
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Page 33, line 19, after ("be") insert ("so") | |
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Page 33, line 20, after ("with") insert ("his identification in any publication as being a witness or") | |
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Page 33, line 20, leave out from ("or") to end of line 21 and insert ("that the administration of justice would be frustrated or rendered impracticable.") | |
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Page 33, line 42, leave out ("shall during the witness's lifetime") and insert ("for such period as the court directs") | |
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Page 34, line 8, at end insert--
("but only if and in so far as any of the above in that publication in question would be likely to lead members of the public to identify him as being a witness in the proceedings.") | |
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BY THE LORD WILLIAMS OF MOSTYN | |
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Page 34, line 10, leave out from ("so") to end of line 11 and insert ("and the public interest in") | |
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BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR | |
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Page 34, line 13, at end insert ("; and
(b) whether it would be contrary to the public interest to do so, having particular regard to the special importance of the public interest in the freedom of expression.") | |
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Page 34, line 14, after ("may") insert (", whether after hearing an application by any interested person including any person whose publication is restricted by the direction or otherwise,") | |
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BY THE LORD WILLIAMS OF MOSTYN | |
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Page 34, line 17, at end insert ("or
(i) that the effect of those restrictions is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and
(ii) that it is in the public interest to remove or relax that restriction;
but no excepting direction shall be given under paragraph (b) by reason only of the fact that the proceedings have been determined in any way or have been abandoned.") | |
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BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR | |
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Page 34, line 18, after ("may") insert (", whether after hearing an application by any interested person including a person whose publication is restricted by the direction or otherwise,") | |
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Leave out Clause 45 | |
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Clause 46 | |
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BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR | |
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Leave out Clause 46 | |
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Schedule 2 | |
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BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR | |
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Page 49, line 39, at end insert--
("but only if and to the extent that inclusion of any of the above in the publication in question is likely to lead members of the public to identify him as someone concerned in the proceedings") | |
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BY THE LORD WILLIAMS OF MOSTYN | |
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Page 52, leave out line 8 and insert ("For subsection (3) substitute--
(a) does not apply in relation to a person by virtue of subsection (1) at any time after a person has been accused of the offence, and
(b) in its application in relation to a person by virtue of subsection (2), has effect subject to any direction given under section 3.")
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Page 52, line 27, at end insert--
("( ) In subsection (2), after paragraph (m) insert--
(n) section 17 (abduction of woman by force)." ")
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Page 52, line 35, at end insert--
("( ) section 53 so far as it relates to abduction of a woman against her will;")
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Page 54, line 18, at end insert--
("( ) After subsection (5) insert--
(a) a person is charged with an offence under this section, and
(b) the offence relates to the inclusion of any matter in a publication in contravention of section 1(1),
it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made." ") | |
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Clause 48 | |
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BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR | |
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Page 36, line 4, at end insert ("but any proprietor or publisher may only be guilty of an offence if they have functions corresponding to those of the editor of the newspaper or periodical") | |
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Page 36, line 16, at end insert (", or
(b) that the publication in question was likely to lead to the identification of anyone contrary to section (Restrictions on reporting alleged offences involving persons under 18) (2) or an order under section (Discretionary reporting restrictions on identification of persons under 18) or a direction under section 44(3) or 45(2) or a report in contravention of section 46, or
(c) that any restriction on publication under section (Restrictions on reporting alleged offences involving persons under 18) or order under that section or directions under section 44, 45 or restrictions under section 46 had come into effect.") | |
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BY THE LORD WILLIAMS OF MOSTYN | |
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Page 36, line 16, at end insert--
("(5A) Where--
(a) a person is charged with an offence under this section, and
(b) the offence relates to the inclusion of any matter in a publication in contravention of section 43(2),
it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the criminal investigation in question had begun.
(5B) Where--
(a) paragraphs (a) and (b) of subsection (5A) apply, and
(b) the contravention of section 43(2) does not involve the person by whom the offence mentioned in that provision is alleged to have been committed,
it shall be a defence to show to the satisfaction of the court that the inclusion in the publication of the matter in question was in the public interest on the ground that, to the extent that they operated to prevent that matter from being so included, the effect of the restrictions imposed by section 43(2) was to impose a substantial and unreasonable restriction on the reporting of matters connected with that offence.") | |
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Clause 49 | |
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BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR | |
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Page 36, line 39, at end insert--
("(5) Proceedings for an offence under this section against a officer of a body corporate or partner of a Scottish partnership may not be instituted--
(a) in England and Wales otherwise than by or with the consent of the Attorney General, or
(b) in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.") | |
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Clause 58 | |
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BY THE LORD WILLIAMS OF MOSTYN | |
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Page 40, line 38, after ("V") insert ("or subsection (2))") | |
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Clause 62 | |
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BY THE LORD WILLIAMS OF MOSTYN | |
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Page 42, line 24, at end insert--
("( ) Schedule (Youth justice: pre-consolidation amendments) (which contains pre-consolidation amendments relating to youth justice) shall have effect.") | |
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After Schedule 3 | |
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BY THE LORD WILLIAMS OF MOSTYN | |
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Insert the following new Schedule-- | |
| | ("SCHEDULE | |
| | YOUTH JUSTICE: PRE-CONSOLIDATION AMENDMENTs | |
| | Children and Young Persons Act 1969 (c.54) | |
| | 1. The Children and Young Persons Act 1969 has effect subject to the following amendments.
2. In section 12A (requirements that may be included in supervision orders), at the end add--
(14) In this section "make reparation" means make reparation for the offence otherwise than by the payment of compensation."
3.--(1) Section 15 (variation and discharge of supervision orders) is amended as follows.
(2) In subsection (3)(b) (magistrates' powers of re-sentence on breach of supervision order), for "relevant court" substitute "magistrates' court".
(3) After subsection (8) insert--
(8A) Where a supervision order has been made on appeal, for the purposes of subsection (3) above it shall be deemed--
(a) if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;
(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and, in relation to a supervision order made on appeal, subsection (3)(b) above shall have effect as if the words "if the order had not been made" were omitted and subsection (5) above shall have effect as if the words "if it had not made the order" were omitted."
4.--(1) Section 16 (provisions supplementary to section 15) is amended as follows.
(2) In subsection (3A), for "(3C)" substitute "(4A)".
(3) Omit subsections (3B) and (3C).
(4) In subsection (4), at the beginning insert "Subject to subsection (4A) of this section,".
(5) After subsection (4) insert--
(4A) Where a supervised person has attained the age of eighteen at the time when he is brought before a justice under subsection (3) of this section, or has attained that age at a time when (apart from this subsection) a youth court could exercise its powers under subsection (4) of this section in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded--
(a) to a remand centre, if the justice or youth court has been notified that such a centre is available for the reception of persons under this subsection; or
(b) to a prison, if the justice or youth court has not been so notified.
(4B) A court or justice remanding a person to local authority accommodation under this section shall designate, as the authority who are to receive him, the authority named in the supervision order." | |
| | Crime and Disorder Act 1998 (c.37) | |
| | 5. The Crime and Disorder Act 1998 has effect subject to the following amendments.
6.--(1) Section 74 (duties and powers of court in relation to detention and training orders) is amended as follows.
(2) For subsection (2) substitute--
(2) Subject to subsections (3) and (4A) below, a court making a detention and training order may order that its term shall commence on the expiration of the term of any other detention and training order made by that or any other court."
(3) After subsection (4) insert--
(4A) A court making a detention and training order shall not order that its term shall commence on the expiration of the term of a detention and training order under which the period of supervision has already begun (under section 76(1) below).
(4B) Where a detention and training order ("the new order") is made in respect of an offender who is subject to a detention and training order under which the period of supervision has begun ("the old order"), the old order shall be disregarded in determining--
(a) for the purposes of subsection (3) above whether the effect of the new order would be that the offender would be subject to detention and training orders for a term which exceeds 24 months; and
(b) for the purposes of subsection (4) above whether the term of the detention and training orders to which the offender would (apart from that subsection) be subject exceeds 24 months."
(4) After subsection (5) insert--
(5A) Where a court proposes to make detention and training orders in respect of an offender for two or more offences--
(a) subsection (5) above shall not apply, but
(b) in determining the total term of the detention and training orders it proposes to make in respect of the offender, the court shall take account of the total period for which he has been remanded in custody in connection with any of those offences, or any other offence the charge for which was founded on the same facts or evidence.
(5B) Once a period of remand has, under subsection (5) or (5A) above, been taken account of in relation to a detention and training order made in respect of an offender for any offence or offences, it shall not subsequently be taken account of (under either of those subsections) in relation to such an order made in respect of the offender for any other offence or offences."
(5) In subsection (6), for "The reference in subsection (5) above" substitute "Any reference in subsection (5) or (5A) above".
(6) In subsection (8), omit "this section or".
7. In section 75(5) (alteration of release of offender subject to detention and training order) for "the youth court" substitute "a youth court".
8. In section 77 (detention and training orders: breach of supervision requirements) after subsection (4) insert--
(5) An offender may appeal to the Crown Court against any order made under subsection (3)(a) or (b) above."
9. In section 79 (interaction of detention and training order with sentences of detention), after subsection (2) insert--
(2A) Subsection (1)(a) above has effect subject to section 78(3)(a) above and subsection (2)(a) above has effect subject to section 40(4)(b) of the 1991 Act."
10.--(1) Paragraph 3 of Schedule 5 (failure to comply with reparation and action plan orders) is amended as follows.
(2) In sub-paragraph (2)(b), for "youth court" substitute magistrates' court".
(3) Omit sub-paragraph (3).
(4) After sub-paragraph (8) insert--
(9) Where a reparation order or action plan order has been made on appeal, for the purposes of this paragraph it shall be deemed--
(a) if it was made on an appeal brought from a magistrates' court, to have been made by that magistrates' court;
(b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court;
and, in relation to a reparation order or action plan order made on appeal, sub-paragraph (2)(b) above shall have effect as if the words if the order had not been made" were omitted and sub-paragraph (5) above shall have effect as if the words "if it had not made the order" were omitted."
11.--(1) Paragraph 4 of that Schedule (presence of offender in court, remands, etc.) is amended as follows.
(2) In sub-paragraph (5)(b), for "(6)" substitute "(7A)".
(3) Omit sub-paragraph (6).
(4) In sub-paragraph (7), at the beginning insert "Subject to sub-paragraph (7A) below,".
(5) After sub-paragraph (7) insert--
(7A) Where the offender is aged 18 or over at the time when he is brought before a youth court other than the appropriate court under sub-paragraph (4) above, or is aged 18 or over at a time when (apart from this sub-paragraph) the appropriate court could exercise its powers under sub-paragraph (7) above in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded--
(a) to a remand centre, if the court has been notified that such a centre is available for the reception of persons under this sub-paragraph; or
(b) to a prison, if it has not been so notified."
12. Omit paragraph 5(6) of that Schedule.") | |
