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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 Report in the House of Lords.

  
Clause 5
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 5, line 8, leave out first ("a") and insert ("each") 
  
Clause 18
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 14, line 9, at end insert--
 
    ("(  )  The withdrawal of a notice under that subsection relating to a special measure shall not affect the availability of that measure in relation to a witness if a special measures direction providing for that measure to apply to the witness's evidence has been made by the court before the notice is withdrawn.")
 
  
Clause 22
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 17, line 37, at end insert--
 
    ("(4)  The screen or other arrangement may not prevent the witness from being seen by representatives of the news media unless the court gives permission.")
 
  
Clause 23
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 18, line 31, at end insert ("and (4)") 
  
Clause 24
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 18, leave out lines 40 and 41 and insert ("or
    (d)  bona fide representatives of newspapers or news agencies.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 19, line 4, at end insert--
 
    ("(  )  A special measures direction shall not be taken to provide for the exclusion under this section of representatives of newspapers or news agencies except to the extent that it does so expressly.
 
    (  )  Any proceedings from which persons are excluded under this section (whether or not those persons include representatives of newspapers or news agencies) shall nevertheless be taken to be held in public for the purposes of any privilege or exemption from liability available in respect of fair, accurate and contemporaneous reports of legal proceedings held in public.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 19, line 4, at end insert--
 
    ("(4)  Representatives of the news media may not be excluded under subsection (1) unless the court specifically so decides.")
 
     Page 19, line 4, at end insert--
 
    ("(4)"  For the purposes of section 4(1) of the Contempt of Court Act 1981, the Law of Libel Amendment Act 1888, section 14 of the Defamation Act 1996 and any relevant rule of law not contained in any enactment, legal proceedings during the giving of the witness's evidence and exclusion from the court of any persons of any description specified in the direction shall be treated as proceedings held in public.")
 
  
Clause 33
 
  
BY THE BARONESS MALLALIEU
 
     Page 24, line 10, at end insert--
 
    ("(  )  This section shall not come into force 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 this section into force for the reasonable protection in criminal proceedings of witnesses who are complainants in sexual offences.")
 
  
Clause 40
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 28, line 32, leave out from ("alleged") to first ("the") in line 34 and insert--
          ("(i)  to have taken place at or about the same time as")
 
     Page 28, line 35, at end insert (", or
          (ii)  to have been, in any respect, so similar to any sexual behaviour of the complainant which (according to evidence adduced or to be adduced by or on behalf of the accused) took place at or about the same time as that event that the similarity cannot reasonably be explained as a coincidence.")
 
  
BY THE BARONESS MALLALIEU
 
     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 accussed, 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.")
 
  
Clause 43
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 30, line 28, leave out from ("where") to ("against") in line 29 and insert ("a criminal investigation has begun in respect of--
    (a)  an alleged offence")
 
     Page 30, line 32, leave out ("that a") and insert ("an alleged") 
     Page 30, line 33, leave out ("has been") 
     Page 31, line 21, at end insert--
 
    ("(  )  However, when deciding whether to make such an order dispensing (to any extent) with the restrictions imposed by subsection (2) in relation to a person, the court shall have regard to the welfare of that person.")
 
     Page 31, line 31, at end insert--
 
    ("(  )  In the case of a decision of a magistrates' court in England and Wales, or a court of summary jurisdiction in Northern Ireland, to make or refuse to make an order under subsection (6), the following persons, namely--
    (a)  any person who was a party to the proceedings on the application for the order, and
    (b)  with the leave of the Crown Court, any other person,
may, in accordance with rules of court, appeal to the Crown Court against that decision or appear or be represented at the hearing of such an appeal.
 
    (  )  On such an appeal the Crown Court--
    (a)  may make such order as is necessary to give effect to its determination of the appeal; and
    (b)  may also make such incidental or consequential orders as appear to it to be just.")
 
     Page 31, line 35, at end insert--
    ("(  )  any reference to a criminal investigation, in relation to an alleged offence, is to an investigation conducted by police officers, or other persons charged with the duty of investigating offences, with a view to it being ascertained whether a person should be charged with the offence;")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Leave out Clause 43 and insert the following new Clause-- 
     ("  .--(1)  This section applies where a child or young person under the age of 18 has been arrested in respect of an offence alleged to have been committed against the law of England and Wales.
 
    (2)  No publication relating to a person under the age of 18 shall while that person is under the age of 18 reveal his name or include a still or moving picture of him or any particulars if and so far as the name or picture or other particular is likely to lead members of the public to identify that person as the child or young person arrested for that alleged offence.
 
    (3)  But the restrictions imposed by subsection (2) cease to apply in relation to any person under the age of 18--
    (a)  once there are proceedings in any court in respect of the offence;
    (b)  if a person under the age of 18 arrested, or any person with parental responsibility for him, gives consent to publication of his identification or to publication of particulars likely to lead to his identification, to any extent;
    (c)  on the death of the child or young person before he reaches the age of 18; or
    (d)  by order of any court or the Secretary of State in pursuance of subsection (4) or otherwise.
    (4)  Any court or appellate court or the Secretary of State may, whether or not on application of the media or other interested parties, by order dispense to any extent specified in the order with the restrictions imposed by subsection (2), if the court or the Secretary of State is satisfied that it is appropriate to do so--
    (a)  in the interests of justice;
    (b)  for the purposes of avoiding injustice to the child or young person;
    (c)  if it is in the public interest to do so, having regard to the special importance of the public interest in freedom of expression;
    (d)  for the avoidance of substantial and unnecessary restriction on reporting, including reporting of proceedings and findings of any court, legislature or person or body appointed for the purposes of holding a public inquiry;
    (e)  if there are no proceedings in any court in respect of the alleged offence;
    (f)  if there are no proceedings in any criminal court in respect of an offence in respect of which the child or young person under the age of 18 arrested is the person by whom the alleged offence is alleged to have been committed; or
    (g)  in such other circumstances as it appears appropriate to the court and Secretary of State.
    (5)  The Secretary of State may by order made by statutory instrument and subject to annulment in pursuance of a resolution of either House make further exceptions to the restrictions imposed by subection (2) to those set out in subsections (3) and (4).  ")
Restrictions on reporting alleged offences involving persons under 18.
  
After Clause 43
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Insert the following new Clause-- 
     ("  .--(1)  Where a person under the age of 18 has been arrested for an offence and is eligible for the reporting restriction prohibiting publication of his identity in the circumstances set out in section 43 above, any Magistrates' court may make an order, on hearing application by and representations from any interested party, prohibiting the publication of the name, still or moving picture or other particulars relating to a specified person under the age of 18, while that person is under 18, if the publication or those particulars is likely to lead members of the public to identify that person under 18 as a person against or in respect of whom the offence is alleged to have been committed or who is alleged to have been a witness to the alleged offence.
 
    (2)  The restrictions imposed by subsection (1) shall cease to apply in relation to any child or young person under the age of 18,--
    (a)  once there are proceedings in any court in respect of the offence;
    (b)  if the person under the age of 18, or any person with parental responsibility for him, gives consent to revelation to any extent of his identity, or for publication of any particulars likely to lead to his identification to any extent;
    (c)  on the death of the person under 18 specified in the order before he attains the age of 18; or
    (d)  by order of any court or the Secretary of State in pursuance of subsection (3) or (4) or otherwise.
    (3)  Any court or appellate court or the Secretary of State may by order, whether by application by the media or other interested party, dispense to any extent specified with the restrictions imposed by subsection (1) if satisfied that it is appropriate to do so in such circumstances including but not limited to--
    (a)  in the interests of justice;
    (b)  for the purposes of avoiding injustice to the child or young person;
    (c)  in the public interest, having regard to the special importance of the public interest in freedom of expression;
    (d)  for the avoidance of substantial and unnecessary restriction on reporting, including reporting of proceedings and findings of any court, legislature or person or body appointed for the purposes of holding a public inquiry;
    (e)  if there are no proceedings in any court in respect of the alleged offence;
    (f)  if there are no proceedings in any criminal court in respect of an offence in respect of which the child or young person under the age of 18 arrested is the person by whom the alleged offence is alleged to have been committed;
    (g)  if the person under 18 specified in the order is unlikely to be concerned in youth justice proceedings as the person against or in respect of whom the alleged offence has been committed or as a witness in the proceedings; or
    (h)  in such other circumstances as it appears appropriate to the court and Secretary of State.
    (4)  The Secretary of State may by order made by statutory instrument and subject to annulment in pursuance of a resolution of either House extend the conditions for termination or lifting of reporting restrictions set out in subsections (2) and (3).  ")
Discretionary reporting restrictions on identification of persons under 18.
  
Clause 44
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 32, line 11, at end insert--
 
    ("(  )  In determining whether to make a direction under subsection (3), the court shall consider--
    (a)  whether it would be in the interests of justice to do so having regard to all the circumstances of the case including, in particular the desirability of avoiding the imposition of a substantial and unreasonable restriction on the reporting of the proceedings;
    (b)  whether there is good reason to do so, and in assessing whether there is good reason neither the age nor the welfare of the child shall in itself be considered sufficient or good reason to do so, such that it overrides other relevant factors, including the public interest;
    (c)  whether it would be contrary to the public interest to do so, having particular regard to the special importance of the public interest in freedom of expression; and
    (d)  the extent to which the matter has already been made available to the public or previously published.")
 
     Page 32, line 11, at end insert--
 
    ("(  )  (`A court shall not exercise its power under subsection (3) above (or revoke or vary an excepting direction) without affording any person affected by any direction if made, an opportunity to make representations.
 
    In this subsection a person affected by a direction includes a person whose publication might be restricted by such a direction.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 32, line 15, at end insert--
 
    ("(4A)  The court or an appellate court may also by direction ("an excepting direction") dispense, to any extent specified in the excepting direction, with the restrictions imposed by a direction under subsection (3) if it is satisfied--
    (a)  that their effect is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and
    (b)  that it is in the public interest to remove or relax that restriction;
but no excepting direction shall be given under this subsection by reason only of the fact that the proceedings have been determined in any way or have been abandoned.
 
    (4B)  When deciding whether to make--
    (a)  a direction under subsection (3) in relation to a person, or
    (b)  an excepting direction under subsection (4) or (4A) by virtue of which the restrictions imposed by a direction under subsection (3) would be dispensed with (to any extent) in relation to a person,
the court or (as the case may be) the appellate court shall have regard to the welfare of that person.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 32, line 15, leave out from ("that") to end of line and insert--
    ("(a)  it is necessary in the interests of justice to do so, having regard to all the circumstances of the case and in particular the desirability of avoiding the imposition of substantial and unreasonable restriction on the reporting of the proceedings;
    (b)  it is in the public interest to do so, with particular regard to the special importance of the public interest in freedom of expression; or
    (c)  it is in the interests of the person under the age of 18 who is the subject of the order to do so")
 
     Page 32, line 32, at end insert ("but only if and to the extent that the matter would in that publication be likely to lead members of the public to identify the minor as the person concerned in the proceedings.") 
     Page 32, line 36, at end insert ("whether on application by a person whose publication is or might be restricted under subsection (3) or otherwise.") 
     Page 32, line 36, at end insert--
 
    ("(  )  A court or an appellate court shall not revoke any excepting direction without--
    (a)  affording any person affected an opportunity to make representations;
    (b)  taking account of any representations which are duly made;
    (c)  taking account, in re-imposing restrictions, of the same matters mentioned in subsection (4) above as those to which the court has to have regard in making a direction under subsection (3) and in making an excepting direction under subsection (4).
    A person affected under paragraph (a) includes a person whose publication may be restricted by as a result of the invocation or revocation of the excepting direction.")
 
 
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