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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 Third Reading in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD DHOLAKIA
 
1*     Page 1, line 15, after ("absolutely") insert ("or conditionally") 
  
BY THE LORD WINDLESHAM
THE LORD RENTON
THE LORD THOMAS OF GRESFORD
THE LORD CAMPBELL OF ALLOWAY
 
2     Page 1, line 21, leave out from ("court") to ("to") and insert ("may order the offender") 
3     Page 2, line 2, leave out ("sentence") and insert ("order") 
4     Page 2, line 2, leave out ("for the offence by ordering him") 
  
Clause 5
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
5     Page 5, line 10, leave out subsection (3) and insert--
 
    ("(3)  The court shall not under this section make an order requiring a person to attend meetings of the youth offender panel--
    (a)  if the court is satisfied that it would be unreasonable to do so, or
    (b)  to an extent which the court is satisfied would be unreasonable.")
 
6     Page 5, line 22, leave out from ("is") to end of line 28 and insert ("(within the meaning of the Children Act 1989) a child who is looked after by a local authority.")1989 c. 41.
7     Page 5, leave out lines 37 and 38 
  
Clause 8
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
8     Page 8, line 5, after first ("the") insert ("electronic") 
9     Page 8, line 5, leave out ("(electronically or otherwise)") 
  
Clause 24
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
10     Page 19, leave out lines 6 and 7 and insert--
 
    ("(  )  A special measures direction providing for representatives of news gathering or reporting organisations to be so excluded shall be expressed not to apply to one named person who--
    (a)  is a representative of such an organisation, and
    (b)  has been nominated for the purpose by one or more such organisations,
unless it appears to the court that no such nomination has been made.")
 
11     Page 19, line 8, leave out (", however,") 
12     Page 19, line 15, leave out subsection (4) 
13     Page 19, line 19, leave out ("newspapers or news agencies)") and insert ("news gathering or reporting organisations)") 
  
Clause 27
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
14     Page 21, line 42, at end insert (", or
    (b)  that for any other reason it is in the interests of justice to give the further direction.")
 
  
Clause 33
 
  
BY THE LORD ACKNER
THE LORD THOMAS OF GRESFORD
 
15     Page 24, line 29, at end insert--
 
("except with leave of the judge who shall give leave if, and only if, he is satisfied that it would be unfair to the defendant not to be at liberty so to cross-examine.")
 
  
Clause 40
 
  
BY THE LORD ACKNER
 
16     Page 29, line 2, leave out ("and") and insert ("or") 
  
BY THE LORD DESAI
 
17*     Page 29, line 8, after ("consent") insert ("nor of the accused's alleged belief that there was consent") 
18*     Page 29, line 22, at end insert--
 
    ("(4A)  For the purposes of subsection (3), evidence must--
    (a)  be of behaviour in a sexual relationship only between the witness and the accused, and
    (b)  be such that its inflammatory or prejudicial impact does not outweigh its probative value,
and following the admission of evidence the judge must warn the jury that consent on one occasion does not imply consent on another.")
 
19*     Page 29, line 22, at end insert--
 
    ("(4A)  For the purposes of subsection (3)(b)(ii), evidence must--
    (a)  be of behaviour in a sexual relationship only between the witness and the accused, and
    (b)  be such that its inflammatory or prejudicial impact does not outweigh its probative value,
and following the admission of evidence the judge must warn the jury that consent on one occasion does not imply consent on another.")
 
  
Clause 41
 
  
BY THE LORD DESAI
 
20*     Page 30, line 3, leave out from ("charged") to end of line 4 
  
Clause 42
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
21     Page 31, line 6, after second ("to") insert (", or withheld from,") 
  
Clause 43
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
22     Page 31, line 10, after ("applies") insert ("(subject to subsection (3))") 
23     Page 31, line 22, leave out ("But the restrictions imposed by subsection (2)") and insert ("The restrictions imposed by subsection (2)-- 
 
    (a)  do not apply where the person involved in the offence as mentioned in that subsection is a person in relation to whom section 1 of the Sexual Offences (Amendment) Act 1992 (anonymity of victims of certain sexual offences) applies in connection with the offence; and
    (b)  in every case")
1992 c. 34.
24     Page 31, line 35, leave out from beginning to ("include") in line 36 and insert ("The matters relating to a person in relation to which the restrictions imposed by subsection (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)") 
  
Clause 44
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
25     Page 33, line 39, leave out from beginning to ("include") in line 40 and insert ("The matters relating to a person in relation to which the restrictions imposed by a direction under subsection (3) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)") 
  
Clause 45
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
26     Page 34, line 37, leave out from ("with") to end of line 38 and insert ("being identified by members of the public as a witness in the proceedings.") 
27     Page 35, line 19, leave out from beginning to ("include") in line 20 and insert ("The matters relating to a witness in relation to which the restrictions imposed by a reporting direction apply (if their inclusion in any publication is likely to have the result mentioned in subsection (6))") 
  
Clause 48
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
28     Page 37, line 37, leave out ("this section") and insert ("section (Offences under this Chapter)") 
29     Page 37, line 42, leave out ("this section") and insert ("section (Offences under this Chapter)") 
30     Page 38, line 8, leave out ("involve") and insert ("relate to either--
          (i)")  
 
31     Page 38, line 10, at end insert ("or 
 
          (ii)  (where that offence is one in relation to which section 1 of the Sexual Offences (Amendment) Act 1992 applies) a person who is alleged to be a witness to the commission of the offence,")
1992 c. 34.
32     Page 38, line 16, at end insert--
 
    ("(7A)  Subsection (7B) applies where--
    (a)  paragraphs (a) and (b) of subsection (6) apply, and
    (b)  the contravention of section 43(2) relates to a person ("the protected person") who is neither--
          (i)  the person mentioned in subsection (7)(b)(i), nor
          (ii)  a person within subsection (7)(b)(ii) who is under the age of 16.
    (7B)  In such a case it shall be a defence, subject to subsection (7C), to prove that written consent to the inclusion of the matter in question in the publication had been given--
    (a)  by an appropriate person, if at the time when the consent was given the protected person was under the age of 16, or
    (b)  by the protected person, if that person was aged 16 or 17 at that time,
and (where the consent was given by an appropriate person) that written notice had been previously given to that person drawing to his attention the need to consider the welfare of the protected person when deciding whether to give consent.
 
    (7C)  The defence provided by subsection (7B) is not available if--
    (a)  (where the consent was given by an appropriate person) it is proved that written or other notice withdrawing the consent--
          (i)  was given to the appropriate recipient by any other appropriate person or by the protected person, and
          (ii)  was so given in sufficient time to enable the inclusion in the publication of the matter in question to be prevented; or
    (b)  subsection (7E) applies.
    (7D)  Where--
    (a)  a person is charged with an offence under section (Offences under this Chapter), and
    (b)  the offence relates to the inclusion of any matter in a publication in contravention of a direction under section 45(2),
it shall be a defence, unless subsection (7E) applies, to prove that the person in relation to whom the direction was given had given written consent to the inclusion of that matter in the publication.
 
    (7E)  Written consent is not a defence if it is proved that any person interfered--
    (a)  with the peace or comfort of the person giving the consent, or
    (b)  (where the consent was given by an appropriate person) with the peace or comfort of either that person or the protected person,
with intent to obtain the consent.
 
    (7F)  In this section "an appropriate person", in relation to the protected person, means a person who is a parent or guardian of the protected person, except that--
 
 
    (a)  where the protected person is (within the meaning of the Children Act 1989) a child who is looked after by a local authority, it means a person who is--
          (i)  a representative of that authority, or
          (ii)  a parent or guardian of the protected person with whom the protected person is allowed to live; and
    (b)  where the protected person is (within the meaning of the Children (Northern Ireland) Order 1995) a child who is looked after by an authority, it means a person who is--
          (i)  an officer of that authority, or
          (ii)  a parent or guardian of the protected person with whom the protected person is allowed to live.
    (7G)  However, no person by whom the offence mentioned in section 43(2) is alleged to have been committed is, by virtue of subsection (7F), an appropriate person for the purposes of this section.
 
    (7H)  In this section "the appropriate recipient", in relation to a notice under subsection (7C)(a), means--
    (a)  the person to whom the notice giving consent was given,
    (b)  (if different) the person by whom the matter in question was published, or
    (c)  any other person exercising, on behalf of the person mentioned in paragraph (b), any responsibility in relation to the publication of that matter;
and for this purpose "person" includes a body of persons and a partnership.")
1989 c. 41.
33     Divide Clause 48 into two clauses, the first (Offences under this Chapter) to consist of subsections (1) to (4) and (8) and (9) and the second (Defences) to consist of subsections (5) to (7H) 
  
Clause 49
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
34     Page 38, line 25, leave out ("48") and insert ("(Offences under this Chapter)") 
35     Page 38, line 36, leave out ("48") and insert ("(Offences under this Chapter)") 
 
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Prepared 23 March 1999