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

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Session 1998-99
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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 Third Reading in the House of Lords.

Clause 24

BY THE LORD WILLIAMS OF MOSTYN

     Page 19, leave out lines 6 and 7 and insert--

    ("(  )  A special measures direction providing for representatives of news gathering or reporting organisations to be so excluded shall be expressed not to apply to one named person who--
(a)  is a representative of such an organisation, and

(b)  has been nominated for the purpose by one or more such organisations,
unless it appears to the court that no such nomination has been made.")

     Page 19, line 8, leave out (", however,")

     Page 19, line 15, leave out subsection (4)

     Page 19, line 19, leave out ("newspapers or news agencies)") and insert ("news gathering or reporting organisations)")

Clause 27

BY THE LORD WILLIAMS OF MOSTYN

     Page 21, line 42, at end insert (", or
(b)  that for any other reason it is in the interests of justice to give the further direction.")

Clause 33

BY THE LORD ACKNER

     Page 24, line 29, at end insert--

("except with leave of the judge who shall give leave if, and only if, he is satisfied that it would be unfair to the defendant not to be at liberty so to cross-examine.")

Clause 42

BY THE LORD WILLIAMS OF MOSTYN

     Page 31, line 6, after second ("to") insert (", or withheld from,")

Clause 43

BY THE LORD WILLIAMS OF MOSTYN

     Page 31, line 10, after ("applies") insert ("(subject to subsection (3))")

     Page 31, line 22, leave out ("But the restrictions imposed by subsection (2)") and insert ("The restrictions imposed by subsection (2)--

(a)  do not apply where the person involved in the offence as mentioned in that subsection is a person in relation to whom section 1 of the Sexual Offences (Amendment) Act 1992 (anonymity of victims of certain sexual offences) applies in connection with the offence; and

(b)  in every case")
1992 c. 34.

     Page 31, line 35, leave out from beginning to ("include") in line 36 and insert ("The matters relating to a person in relation to which the restrictions imposed by subsection (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)")

Clause 44

BY THE LORD WILLIAMS OF MOSTYN

     Page 33, line 39, leave out from beginning to ("include") in line 40 and insert ("The matters relating to a person in relation to which the restrictions imposed by a direction under subsection (3) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)")

Clause 45

BY THE LORD WILLIAMS OF MOSTYN

     Page 34, line 37, leave out from ("with") to end of line 38 and insert ("being identified by members of the public as a witness in the proceedings.")

     Page 35, line 19, leave out from beginning to ("include") in line 20 and insert ("The matters relating to a witness in relation to which the restrictions imposed by a reporting direction apply (if their inclusion in any publication is likely to have the result mentioned in subsection (6))")

Clause 48

BY THE LORD WILLIAMS OF MOSTYN

     Page 38, line 8, leave out ("involve") and insert ("relate to either--
    (i)")

     Page 38, line 10, at end insert ("or

    (ii)  (where that offence is one in relation to which section 1 of the Sexual Offences (Amendment) Act 1992 applies) a person who is alleged to be a witness to the commission of the offence,")
1992 c. 34.

     Page 38, line 16, at end insert--

    ("(7A)  Subsection (7B) applies where--
(a)  paragraphs (a) and (b) of subsection (6) apply, and

(b)  the contravention of section 43(2) relates to a person ("the protected person") who is neither--

    (i)  the person mentioned in subsection (7)(b)(i), nor

    (ii)  a person within subsection (7)(b)(ii) who is under the age of 16.
    (7B)  In such a case it shall be a defence, subject to subsection (7C), to prove that written consent to the inclusion of the matter in question in the publication had been given--
(a)  by an appropriate person, if at the time when the consent was given the protected person was under the age of 16, or

(b)  by the protected person, if that person was aged 16 or 17 at that time,
and (where the consent was given by an appropriate person) that written notice had been previously given to that person drawing to his attention the need to consider the welfare of the protected person when deciding whether to give consent.

    (7C)  The defence provided by subsection (7B) is not available if--
(a)  (where the consent was given by an appropriate person) it is proved that written or other notice withdrawing the consent--

    (i)  was given to the appropriate recipient by any other appropriate person or by the protected person, and

    (ii)  was so given in sufficient time to enable the inclusion in the publication of the matter in question to be prevented; or

(b)  subsection (7E) applies.
    (7D)  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 a direction under section 45(2),
it shall be a defence, unless subsection (7E) applies, to prove that the person in relation to whom the direction was given had given written consent to the inclusion of that matter in the publication.

    (7E)  Written consent is not a defence if it is proved that any person interfered--
(a)  with the peace or comfort of the person giving the consent, or

(b)  (where the consent was given by an appropriate person) with the peace or comfort of either that person or the protected person,
with intent to obtain the consent.

    (7F)  In this section "an appropriate person", in relation to the protected person, means a person who is a parent or guardian of the protected person, except that--

(a)  where the protected person is (within the meaning of the Children Act 1989) a child who is looked after by a local authority, it means a person who is--

    (i)  a representative of that authority, or

    (ii)  a parent or guardian of the protected person with whom the protected person is allowed to live; and

(b)  where the protected person is (within the meaning of the Children (Northern Ireland) Order 1995) a child who is looked after by an authority, it means a person who is--

    (i)  an officer of that authority, or

    (ii)  a parent or guardian of the protected person with whom the protected person is allowed to live.
    (7G)  However, no person by whom the offence mentioned in section 43(2) is alleged to have been committed is, by virtue of subsection (7F), an appropriate person for the purposes of this section.

    (7H)  In this section "the appropriate recipient", in relation to a notice under subsection (7C)(a), means--
(a)  the person to whom the notice giving consent was given,

(b)  (if different) the person by whom the matter in question was published, or

(c)  any other person exercising, on behalf of the person mentioned in paragraph (b), any responsibility in relation to the publication of that matter;
and for this purpose "person" includes a body of persons and a partnership.") 1989 c. 41.

     Divide Clause 48 into two clauses, the first (Offences under this Chapter) to consist of subsections (1) to (4) and (8) and (9) and the second (Defences) to consist of subsections (5) to (7H)

After Clause 49

BY THE LORD WILLIAMS OF MOSTYN

     Insert the following new Clause--

    (".--(1) Where for the purposes of any provision of this Chapter it falls to a court to determine whether anything is (or, as the case may be, was) in the public interest, the court must have regard, in particular, to the matters referred to in subsection (2) (so far as relevant).

    (2)  Those matters are--
(a)  the interest in each of the following--

    (i)  the open reporting of crime,

    (ii)  the open reporting of matters relating to human health or safety, and

    (iii)  the prevention and exposure of miscarriages of justice;

(b)  the welfare of any person in relation to whom the relevant restrictions imposed by or under this Chapter apply or would apply (or, as the case may be, applied); and

(c)  any views expressed--

    (i)  by an appropriate person on behalf of a person within paragraph (b) who is under the age of 16 ("the protected person"), or

    (ii)  by a person within that paragraph who has attained that age.
    (3)  In subsection (2) "an appropriate person", in relation to the protected person, has the meaning given by section 48(7F).") Decisions as to public interest for purposes of Chapter IV.

Clause 60

BY THE LORD WILLIAMS OF MOSTYN

     Page 43, line 37, after ("order") insert ("made by the Secretary of State")

Clause 62

BY THE LORD WILLIAMS OF MOSTYN

     Page 44, line 21, after ("II") insert ("(other than section 56)")

Clause 64

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

     Page 44, line 34, at end insert ("but any order appointing a day in respect of section 43 shall be accompanied by a statement by the Secretary of State setting out--
(a)  the necessity for the commencement of that section; and

(b)  how that section complies with Article 10 of the European Convention on Human Rights.")

BY THE LORD WILLIAMS OF MOSTYN

     Page 45, line 11, after ("sections") insert (" 56,")

© Parliamentary copyright 1999
Prepared 19 March 1999

	Clause 24
	BY THE LORD WILLIAMS OF MOSTYN
	Page 19, leave out lines 6 and 7 and insert-- ("( ) A special measures direction providing for representatives of news gathering or reporting organisations to be so excluded shall be expressed not to apply to one named person who-- (a) is a representative of such an organisation, and (b) has been nominated for the purpose by one or more such organisations, unless it appears to the court that no such nomination has been made.")
	Page 19, line 8, leave out (", however,")
	Page 19, line 15, leave out subsection (4)
	Page 19, line 19, leave out ("newspapers or news agencies)") and insert ("news gathering or reporting organisations)")
	Clause 27
	BY THE LORD WILLIAMS OF MOSTYN
	Page 21, line 42, at end insert (", or (b) that for any other reason it is in the interests of justice to give the further direction.")
	Clause 33
	BY THE LORD ACKNER
	Page 24, line 29, at end insert-- ("except with leave of the judge who shall give leave if, and only if, he is satisfied that it would be unfair to the defendant not to be at liberty so to cross-examine.")
	Clause 42
	BY THE LORD WILLIAMS OF MOSTYN
	Page 31, line 6, after second ("to") insert (", or withheld from,")
	Clause 43
	BY THE LORD WILLIAMS OF MOSTYN
	Page 31, line 10, after ("applies") insert ("(subject to subsection (3))")
	Page 31, line 22, leave out ("But the restrictions imposed by subsection (2)") and insert ("The restrictions imposed by subsection (2)--
	(a) do not apply where the person involved in the offence as mentioned in that subsection is a person in relation to whom section 1 of the Sexual Offences (Amendment) Act 1992 (anonymity of victims of certain sexual offences) applies in connection with the offence; and (b) in every case")		1992 c. 34.
	Page 31, line 35, leave out from beginning to ("include") in line 36 and insert ("The matters relating to a person in relation to which the restrictions imposed by subsection (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)")
	Clause 44
	BY THE LORD WILLIAMS OF MOSTYN
	Page 33, line 39, leave out from beginning to ("include") in line 40 and insert ("The matters relating to a person in relation to which the restrictions imposed by a direction under subsection (3) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)")
	Clause 45
	BY THE LORD WILLIAMS OF MOSTYN
	Page 34, line 37, leave out from ("with") to end of line 38 and insert ("being identified by members of the public as a witness in the proceedings.")
	Page 35, line 19, leave out from beginning to ("include") in line 20 and insert ("The matters relating to a witness in relation to which the restrictions imposed by a reporting direction apply (if their inclusion in any publication is likely to have the result mentioned in subsection (6))")
	Clause 48
	BY THE LORD WILLIAMS OF MOSTYN
	Page 38, line 8, leave out ("involve") and insert ("relate to either-- (i)")
	Page 38, line 10, at end insert ("or
	(ii) (where that offence is one in relation to which section 1 of the Sexual Offences (Amendment) Act 1992 applies) a person who is alleged to be a witness to the commission of the offence,")		1992 c. 34.
	Page 38, line 16, at end insert-- ("(7A) Subsection (7B) applies where-- (a) paragraphs (a) and (b) of subsection (6) apply, and (b) the contravention of section 43(2) relates to a person ("the protected person") who is neither-- (i) the person mentioned in subsection (7)(b)(i), nor (ii) a person within subsection (7)(b)(ii) who is under the age of 16. (7B) In such a case it shall be a defence, subject to subsection (7C), to prove that written consent to the inclusion of the matter in question in the publication had been given-- (a) by an appropriate person, if at the time when the consent was given the protected person was under the age of 16, or (b) by the protected person, if that person was aged 16 or 17 at that time, and (where the consent was given by an appropriate person) that written notice had been previously given to that person drawing to his attention the need to consider the welfare of the protected person when deciding whether to give consent. (7C) The defence provided by subsection (7B) is not available if-- (a) (where the consent was given by an appropriate person) it is proved that written or other notice withdrawing the consent-- (i) was given to the appropriate recipient by any other appropriate person or by the protected person, and (ii) was so given in sufficient time to enable the inclusion in the publication of the matter in question to be prevented; or (b) subsection (7E) applies. (7D) 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 a direction under section 45(2), it shall be a defence, unless subsection (7E) applies, to prove that the person in relation to whom the direction was given had given written consent to the inclusion of that matter in the publication. (7E) Written consent is not a defence if it is proved that any person interfered-- (a) with the peace or comfort of the person giving the consent, or (b) (where the consent was given by an appropriate person) with the peace or comfort of either that person or the protected person, with intent to obtain the consent. (7F) In this section "an appropriate person", in relation to the protected person, means a person who is a parent or guardian of the protected person, except that--
	(a) where the protected person is (within the meaning of the Children Act 1989) a child who is looked after by a local authority, it means a person who is-- (i) a representative of that authority, or (ii) a parent or guardian of the protected person with whom the protected person is allowed to live; and (b) where the protected person is (within the meaning of the Children (Northern Ireland) Order 1995) a child who is looked after by an authority, it means a person who is-- (i) an officer of that authority, or (ii) a parent or guardian of the protected person with whom the protected person is allowed to live. (7G) However, no person by whom the offence mentioned in section 43(2) is alleged to have been committed is, by virtue of subsection (7F), an appropriate person for the purposes of this section. (7H) In this section "the appropriate recipient", in relation to a notice under subsection (7C)(a), means-- (a) the person to whom the notice giving consent was given, (b) (if different) the person by whom the matter in question was published, or (c) any other person exercising, on behalf of the person mentioned in paragraph (b), any responsibility in relation to the publication of that matter; and for this purpose "person" includes a body of persons and a partnership.")		1989 c. 41.
	Divide Clause 48 into two clauses, the first (Offences under this Chapter) to consist of subsections (1) to (4) and (8) and (9) and the second (Defences) to consist of subsections (5) to (7H)
	After Clause 49
	BY THE LORD WILLIAMS OF MOSTYN
	Insert the following new Clause--
	(".--(1) Where for the purposes of any provision of this Chapter it falls to a court to determine whether anything is (or, as the case may be, was) in the public interest, the court must have regard, in particular, to the matters referred to in subsection (2) (so far as relevant). (2) Those matters are-- (a) the interest in each of the following-- (i) the open reporting of crime, (ii) the open reporting of matters relating to human health or safety, and (iii) the prevention and exposure of miscarriages of justice; (b) the welfare of any person in relation to whom the relevant restrictions imposed by or under this Chapter apply or would apply (or, as the case may be, applied); and (c) any views expressed-- (i) by an appropriate person on behalf of a person within paragraph (b) who is under the age of 16 ("the protected person"), or (ii) by a person within that paragraph who has attained that age. (3) In subsection (2) "an appropriate person", in relation to the protected person, has the meaning given by section 48(7F).")		Decisions as to public interest for purposes of Chapter IV.
	Clause 60
	BY THE LORD WILLIAMS OF MOSTYN
	Page 43, line 37, after ("order") insert ("made by the Secretary of State")
	Clause 62
	BY THE LORD WILLIAMS OF MOSTYN
	Page 44, line 21, after ("II") insert ("(other than section 56)")
	Clause 64
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
	Page 44, line 34, at end insert ("but any order appointing a day in respect of section 43 shall be accompanied by a statement by the Secretary of State setting out-- (a) the necessity for the commencement of that section; and (b) how that section complies with Article 10 of the European Convention on Human Rights.")
	BY THE LORD WILLIAMS OF MOSTYN
	Page 45, line 11, after ("sections") insert (" 56,")