Youth Justice and Criminal Evidence Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
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") 
  
BY THE LORD COPE OF BERKELEY
 
65     Page 11, line 32, after ("given") insert ("in regulations") 
  
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
 
  
BY THE LORD COPE OF BERKELEY
 
67     Page 11, line 34, leave out from ("be") to end of line 35 and insert ("the youth court or other magistrates' court which ordered the offender to be referred to a youth offender panel") 
  
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")
 
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 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 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 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 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") 
  
Clause 26
 
  
BY THE LORD THOMAS OF GRESFORD
THE LORD DHOLAKIA
 
81     Page 19, line 8, leave out ("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 Viscount Colville of Culross gives notice of his 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
 
85     Page 21, line 31, leave out ("and (if necessary) explain") 
  
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
 
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.")
 
  
Clause 34
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
95     Page 24, line 12, after ("proceedings") insert (", except with the leave of the court,") 
96*     Page 24, line 16, at end insert--
 
    ("(2)  The court may grant leave, in terms of subsection (1) above, in any case in which it is satisfied that--
    (a)  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, and
    (b)  it would not be incompatible with the Convention rights of the witness.")
 
97     Page 24, line 16, 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,
and in either event, that the granting of leave would not be incompatible with the Convention rights of the witness.")
 
98     Page 24, line 33, after ("kidnapping") insert ("of a child") 
99     Page 24, line 33, after ("imprisonment") insert ("of a child") 
100     Page 24, line 38, at end insert ("who is a child") 
 
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Prepared 18 January 1999