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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 Marshalled List of Amendments to the Youth Justice and Criminal Evidence Bill [H.L.] to be moved on Report in the House of Lords.

 The amendments have been marshalled in accordance with the order of 24th February 1999, as follows-- 
 Clauses 1 to 13
Schedule 1
Clauses 14 to 47
Schedule 2
Clauses 48 to 62
Schedules 3 to 5
Clause 63
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD COPE OF BERKELEY
 
1     Page 1, line 13, after ("sentence") insert ("or a sentence of electronic tagging") 
  
Clause 2
 
  
BY THE LORD COPE OF BERKELEY
 
2     Page 2, line 12, leave out from ("conditions") to end of line 19 and insert ("shall be such conditions as are set out in regulations made under subsection (3).") 
3     Page 2, line 22, leave out from ("offender") to end of line 25 and insert ("pleaded guilty to the offence or to any associated offence;") 
4     Page 2, line 33, after ("section") insert ("or of the age limit in section 1(1)") 
  
Clause 5
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
5     Page 4, line 45, leave out from beginning to ("to") in line 2 on page 5 and insert ("may make an order requiring--
    (a)  the appropriate person, or
    (b)  in a case where there are two or more appropriate persons, any one or more of them,")
 
  
BY THE LORD COPE OF BERKELEY
 
6     Page 5, line 2, leave out ("the appropriate person") and insert ("one or more appropriate people") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
7     Page 5, line 3, at end insert--
 
    ("(1A)  Where an offender is under the age of 16 years when a court makes a referral order in his case--
    (a)  the court shall exercise its power under subsection (1) so as to require at least one appropriate person to attend meetings of the youth offender panel; and
    (b)  if the offender falls within subsection (5), the person or persons so required to attend those meetings shall be or include a representative of the local authority mentioned in that subsection.")
 
8     Page 5, line 4, leave out ("Subsection (1) does") and insert ("Subsections (1) and (1A) do") 
9     Page 5, line 7, leave out from ("(5)") to end of line 9 and insert (", each person who is a parent or guardian of the offender is an "appropriate person" for the purposes of this section.") 
  
BY THE LORD COPE OF BERKELEY
 
10     Page 5, line 7, leave out second (""the") and insert (""an") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
11     Page 5, line 8, leave out first ("a") and insert ("each") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
12     Page 5, line 10, leave out (""the appropriate person" for the purposes of subsection (1) is") and insert (", each of the following is an "appropriate person" for the purposes of this section") 
  
BY THE LORD COPE OF BERKELEY
 
13     Page 5, line 10, leave out second (""the") and insert (""an") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
14     Page 5, line 13, leave out ("or") and insert ("and") 
15     Page 5, line 14, leave out first ("a") and insert ("each") 
16     Page 5, line 14, leave out ("and with whom he") and insert ("with whom the offender") 
  
Clause 6
 
  
BY THE LORD COPE OF BERKELEY
 
17     Page 5, line 40, after ("held") insert ("within 10 days of the making of the order or orders") 
18     Page 6, leave out line 2 
19     Page 6, line 12, leave out ("may") and insert ("shall") 
  
Clause 8
 
  
BY THE LORD COPE OF BERKELEY
 
20     Page 7, line 45, leave out ("or otherwise") 
  
Clause 9
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
21     Page 8, line 35, at end insert ("unless it has already expired.") 
  
Clause 12
 
  
BY THE LORD COPE OF BERKELEY
 
22     Page 10, line 36, after ("expire,") insert ("or after it has expired,") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
23     Page 10, line 36, after ("holding") insert (",  before the end of that period,") 
24     Page 11, line 6, at end insert--
 
    ("(  )  Nothing in section 7(2) prevents the panel from making the decision mentioned in subsection (3) in the offender's absence if it appears to the panel to be appropriate to do that instead of exercising either of its powers under section 7(2).
 
    (  )  Section 7(2)(a) does not permit the final meeting to be adjourned (or re-adjourned) to a time falling after the end of the compliance period.")
 
  
Schedule 1
 
  
BY THE LORD COPE OF BERKELEY
 
25     Page 45, line 44, at end insert ("; and
    (c) where appropriate, may impose an additional sentence in respect of the time of the panel which has been wasted by the behaviour of the offender.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
26     Page 45, line 46, at end insert ("; but those powers are exercisable even if, in a case where a contract has taken effect under section 8, the period for which the contract has effect has expired (whether before or after the referral of the offender back to the court).") 
  
Clause 16
 
  
BY THE LORD RIX
THE LORD SWINFEN
 
27     Page 12, line 27, leave out ("17") and insert ("18") 
  
BY THE LORD ANNALY
THE LORD SWINFEN
THE LORD ASHLEY OF STOKE
 
28     Page 12, line 38, at end insert--
    ("(c)  that the witness is deaf and will require a sign language interpreter for the purposes of giving evidence.")
 
  
Clause 17
 
  
BY THE LORD ANNALY
THE LORD SWINFEN
THE LORD ASHLEY OF STOKE
 
29     Page 13, line 22, at end insert ("and
          (iv) the means of communication;")
 
  
Clause 18
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
30     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 19
 
  
BY THE LORD RIX
THE LORD SWINFEN
 
31     Page 15, line 4, leave out ("might tend") and insert ("would be likely") 
  
Clause 20
 
  
BY THE LORD COPE OF BERKELEY
 
32     Page 15, line 44, at end insert--
 
    ("(  )  In particular, the court must state in open court its reasons for any special measures direction which restricts the ability of representation of the news media to observe fully all the proceedings of the court.")
 
  
Clause 22
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
33     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
 
34     Page 18, line 31, at end insert ("and (4)") 
  
Clause 24
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
35     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
 
36     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
 
37     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.")
 
38     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 26
 
  
BY THE LORD THOMAS OF GRESFORD
 
39     Page 19, line 8, leave out first ("the witness") and insert ("a witness who is eligible by virtue of section 16(1)") 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
40     Page 19, line 15, at beginning insert ("Subject to section 30(5)") 
  
Clause 27
 
  
BY THE VISCOUNT COLVILLE OF CULROSS
 
41     Page 20, line 31, leave out ("the") and insert ("such a") 
42     Page 21, line 22, after ("diligence") insert ("or after due disclosure") 
  
BY THE LORD THOMAS OF GRESFORD
 
43     Leave out Clause 27 
  
After Clause 27
 
  
BY THE LORD ANNALY
THE LORD SWINFEN
THE LORD ASHLEY OF STOKE
 
44     Insert the following new Clause-- 
     ("  .--(1)  A special measures direction may provide for the video recording of evidence of a person whose evidence is being given through a sign language interpreter.
 
    (2)  The video recording shall visually record all communication by sign language by both the interpreter and the witness.")
Video recording of witness and sign language interpreter.
 
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Prepared 2 March 1999