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 45
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
80     Page 33, line 12, at end insert ("and
    (c) that the administration of justice in the proceedings would otherwise be frustrated or rendered impracticable,")
 
81     Page 33, leave out line 13 and insert--
          ("(iii) criminal proceedings in any court,
the court may prohibit the publication of the name, address or still or moving picture of the witness (a reporting direction) by directions under subsection (1) for such reasonable period as the court considers necessary, even if the name or address has not previously been withheld from the public in proceedings before the court, but only if--
    (i)  but for that previous disclosure the court would have had the power to allow those matters to be withheld from the public and give such directions under section 11 of the Contempt of Court Act 1981; and
    (ii)  the court has had regard to all the circumstances, including in particular--
          (a)  the public interest and special importance of freedom of expression;
          (b)  the desirability of avoiding any restrictions upon reporting of proceedings, save where the publication without such restrictions would otherwise frustrate and render impracticable the administration of justice;
          (c) the extent of previous publicity or availability of that information to the public in connection with the proceedings;
          (d) the reasons why such information was not previously withheld from the public and the court is satisfied that there are no other reasons why the order should not be made.")
 
82     Page 33, line 13, at end insert--
 
    ("(  )  A court shall not exercise its power under subsection (2) without--
    (a)  affording any person whose publication would be affected by such a restriction an opportunity to make representation; and
    (b)  taking into account any representations which are duly made.")
 
83     Page 33, line 15, at end insert ("on cogent evidence, that the person should not be identified in a publication as a witness in the proceedings") 
84     Page 33, line 19, after ("be") insert ("so") 
85     Page 33, line 20, after ("with") insert ("his identification in any publication as being a witness or") 
86     Page 33, line 20, leave out from ("or") to end of line 21 and insert ("that the administration of justice would be frustrated or rendered impracticable.") 
87     Page 33, line 42, leave out ("shall during the witness's lifetime") and insert ("for such period as the court directs") 
88     Page 34, line 8, at end insert--
 
("but only if and in so far as any of the matters in that publication in question would be likely to lead members of the public to identify him as being a witness in the proceedings.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
89     Page 34, line 10, leave out from ("so") to end of line 11 and insert ("and the public interest in") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
90     Page 34, line 13, at end insert ("; and
    (b)  whether it would be contrary to the public interest to do so, having particular regard to the special importance of the public interest in the freedom of expression.")
 
91     Page 34, line 14, after ("may") insert (", whether after hearing an application by any interested person including any person whose publication is restricted by the direction or otherwise,") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
92     Page 34, line 17, at end insert ("or
    (b)  it is satisfied--
          (i)  that the effect of those restrictions is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and
          (ii)  that it is in the public interest to remove or relax that restriction;
but no excepting direction shall be given under paragraph (b) by reason only of the fact that the proceedings have been determined in any way or have been abandoned.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
93     Page 34, line 18, after ("may") insert (", whether after hearing an application by any interested person including a person whose publication is restricted by the direction or otherwise,") 
  
BY THE LORD COPE OF BERKELEY
 
94*     Page 34, line 19, at end insert ("if it is satisfied that it is necessary in the interests of justice to do so") 
95*     Page 34, line 23, at end insert ("if it is satisfied that it is necessary in the interests of justice to do so") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
96     Leave out Clause 45 
  
Clause 46
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
97     Leave out Clause 46 
  
Schedule 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
98     Page 49, line 39, at end insert--
 
("but only if and to the extent that inclusion of any of the matters in the publication in question is likely to lead members of the public to identify him as someone concerned in the proceedings")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
99     Page 52, leave out line 8 and insert ("For subsection (3) substitute--
        (3)  This section--
      (a)  does not apply in relation to a person by virtue of subsection (1) at any time after a person has been accused of the offence, and
      (b)  in its application in relation to a person by virtue of subsection (2), has effect subject to any direction given under section 3.")
 
100     Page 52, line 27, at end insert--
 
    ("(  )  In subsection (2), after paragraph (m) insert--
      (n)  section 17 (abduction of woman by force)."")
 
101     Page 52, line 35, at end insert--
            ("(  )  section 53 so far as it relates to abduction of a woman against her will;")
 
102     Page 54, line 18, at end insert--
 
    ("(  )  After subsection (5) insert--
        (5A)  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 section 1(1),
    it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made."")
 
  
Clause 48
 
  
BY THE LORD COPE OF BERKELEY
 
103*     Page 35, line 40, leave out subsection (1) and insert--
 
    ("(1)  It is an offence to include in a publication--
    (a)  any matter in contravention of section 43(2) or of a direction under section 44(3) or 45(2); or
    (b)  a report in contravention of section 46.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
104     Page 36, line 4, at end insert ("but any proprietor or publisher may only be guilty of an offence if they have functions corresponding to those of the editor of the newspaper or periodical") 
105     Page 36, line 16, at end insert (", or
    (b)  that the publication in question was likely to lead to the identification of anyone contrary to section (Restrictions on reporting alleged offences involving persons under 18)(2) or an order under section (Discretionary reporting restrictions on identification of persons under 18) or a direction under section 44(3) or 45(2) or a report in contravention of section 46, or
    (c)  that any restriction on publication under section (Restrictions on reporting alleged offences involving persons under 18) or order under that section or directions under section 44 or 45 or restrictions under section 46 had come into effect.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
106     Page 36, line 16, at end insert--
 
    ("(5A)  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 section 43(2),
it shall be a defence to prove that at the time of the alleged offence he was not aware, and neither suspected nor had reason to suspect, that the criminal investigation in question had begun.
 
    (5B)  Where--
    (a)  paragraphs (a) and (b) of subsection (5A) apply, and
    (b)  the contravention of section 43(2) does not involve the person by whom the offence mentioned in that provision is alleged to have been committed,
it shall be a defence to show to the satisfaction of the court that the inclusion in the publication of the matter in question was in the public interest on the ground that, to the extent that they operated to prevent that matter from being so included, the effect of the restrictions imposed by section 43(2) was to impose a substantial and unreasonable restriction on the reporting of matters connected with that offence.")
 
  
BY THE LORD COPE OF BERKELEY
 
107*     Page 36, line 17, leave out from ("liable") to end of line 18 and insert--
    ("(a)  on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or to both; or
    (b)  on conviction on indictment, to imprisonment for a term not exceeding three years or to a fine not exceeding level 5 on the standard scale, or to both.")
 
  
Clause 49
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
108     Page 36, line 39, at end insert--
 
    ("(5)  Proceedings for an offence under this section against an officer of a body corporate or partner of a Scottish partnership may not be instituted--
    (a)  in England and Wales otherwise than by or with the consent of the Attorney General, or
    (b)  in Northern Ireland otherwise than by or with the consent of the Attorney General for Northern Ireland.")
 
  
After Clause 55
 
  
BY THE LORD COPE OF BERKELEY
 
109     Insert the following new Clause-- 
 ("CHAPTER VIA 
 USE OF DEFENCE STATEMENTs 
     .--In section 11 of the Criminal Procedure and Investigations Act 1996 (faults in disclosure by accused), after subsection (4) there is inserted--
        (4A) Except as provided by this section no part of a statement given under sections 5(6) or 6(2) may be disclosed at a stage in the trial after the jury have been sworn without the consent of the accused."")
Accused's statements: disclosure.
  
Clause 58
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
110     Page 40, line 38, after ("V") insert ("or subsection (2))") 
 
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