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 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") 
  
After Clause 34
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
101     Insert the following new Clause-- 
     ("  .--(1)  Subject to subsection (2), a grant of leave has binding effect from the time it is made until the witness to whom it applies is discharged.
 
    (2)  In this section "grant of leave" means a grant of leave under section 33(2) or 34(2).
 
    (3)  The court shall recall a grant of leave if it appears to the court to be in the interests of justice to do so, and may do so either--
    (a)  on an application made by a party to the proceedings, if there has been a material change of circumstances since the date that leave was granted; or
    (b)  of its own motion.
    (4)  The court must state in open court its reasons for--
    (a)  granting leave;
    (b)  refusing an application for, or for the recall of, the grant of leave; or
    (c)  the recall of a grant of leave,
and, if it is a magistrates' court, must cause them to be entered in the register of proceedings.
 
    (5)  Rules of court may make provision--
    (a)  for uncontested applications to be determined by the court without a hearing;
    (b)  for preventing the renewal of an unsuccessful application for a direction except where there has been a meaningful change of circumstances;
    (c)  for expert evidence to be given in connection with an application for, or for the recall of, a grant of leave; and
    (d)  for the manner in which confidential or sensitive information is to be treated in connection with such an application and in particular as to its being disclosed to, or withheld from, a party to the proceedings.")
Grant of leave.
  
Clause 35
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
102     Page 25, leave out lines 12 to 18 
103     Page 25, leave out lines 12 to 18 and insert--
    ("(a)  that it would not be incompatible with the Convention rights of the person charged if a direction were given under this section, or")
 
104     Page 25, line 21, leave out ("may") and insert ("shall") 
105     Page 25, line 23, leave out subsection (3) 
106     Page 25, line 26, at end insert--
    ("(  ) the Convention rights of the witness;")
 
107     Page 25, line 43, leave out from ("proceedings") to end of line 45 
  
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") 
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 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{is0p1}") 
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)") 
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 1 February 1999