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
 
  
After Clause 49
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
36     Insert the following new Clause-- 
     (".--(1) Where for the purposes of any provision of this Chapter it falls to a court to determine whether anything is (or, as the case may be, was) in the public interest, the court must have regard, in particular, to the matters referred to in subsection (2) (so far as relevant).
 
    (2)  Those matters are--
    (a)  the interest in each of the following--
          (i)  the open reporting of crime,
          (ii)  the open reporting of matters relating to human health or safety, and
          (iii)  the prevention and exposure of miscarriages of justice;
    (b)  the welfare of any person in relation to whom the relevant restrictions imposed by or under this Chapter apply or would apply (or, as the case may be, applied); and
    (c)  any views expressed--
          (i)  by an appropriate person on behalf of a person within paragraph (b) who is under the age of 16 ("the protected person"), or
          (ii)  by a person within that paragraph who has attained that age.
    (3)  In subsection (2) "an appropriate person", in relation to the protected person, has the meaning given by section 48(7F).")
Decisions as to public interest for purposes of Chapter IV.
  
Clause 60
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
37     Page 43, line 37, after ("order") insert ("made by the Secretary of State") 
  
Clause 62
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
38     Page 44, line 21, after ("II") insert ("(other than section 56)") 
  
Clause 64
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
39     Page 44, line 34, at end insert ("but any order appointing a day in respect of section 43 shall be accompanied by a statement by the Secretary of State setting out--
    (a)  the necessity for the commencement of that section; and
    (b)  how that section complies with Article 10 of the European Convention on Human Rights.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
40     Page 45, line 11, after ("sections") insert (" 56,") 
41     Page 45, line 11, at end insert--
 
    ("(  )  Paragraph 3(4) of Schedule 1 extends also to Scotland.")
 
  
Schedule 2
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
42     Page 51, line 40, leave out from beginning to ("include") in line 41 and insert ("The matters relating to a person in relation to which the restrictions imposed by subsection (1) above apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)") 
43     Page 54, line 22, leave out from beginning to ("include") in line 23 and insert ("The matters relating to a person in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection)") 
44     Page 56, line 30, at end insert--
 
    ("(  )  In subsection (3) (cases where written consent not a defence), at the end insert ", or that person was under the age of 16 at the time when it was given."")
 
  
Schedule 3
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
45     Page 58, line 11, at end insert ("or 
 
      (d)  an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
46     Page 58, line 27, at end insert ("or 
 
      (d)  an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
47     Page 60, line 40, at end insert ("or 
 
      (c)  an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
48     Page 61, line 11, at end insert ("or 
 
      (d)  an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
49     Page 61, line 28, at end insert ("or 
 
      (d)  an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."
S.I. 1979/1714 (N.I.  19).
 Companies (Northern Ireland) Order 1986 (N.I.6) 
     . The Companies (Northern Ireland) Order 1986 is amended as follows.
 
    . In Article 427 (production of documents and evidence to inspectors conducting investigations into companies), after paragraph (5) (use of answers given to inspectors) insert--
        (5A)  However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies--
      (a)  no evidence relating to the answer may be adduced, and
      (b)  no question relating to it may be asked,
    by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
S.I. 1986/1032.
 
        (5B)  Paragraph (5A) applies to any offence other than an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."
    . In Article 440 (production of company documents to Department), after paragraph (8) (use of statements made under the Article) insert--
        (8A)  However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies--
      (a)  no evidence relating to the statement may be adduced, and
      (b)  no question relating to it may be asked,
    by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
        (8B)  Paragraph (8A) applies to any offence other than--
      (a)  an offence under paragraph (6) or Article 444; or
S.I. 1979/1714 (N.I.  19).
 
      (b)  an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
50     Page 61, line 42, at end insert ("or section 94(1)(a) below;") 
51     Page 61, line 47, at end insert ("or 
 
      (d)  an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
52     Page 62, line 10, at end insert ("or section 94(4) below;") 
53     Page 62, line 15, at end insert ("or 
 
      (d)  an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
54     Page 62, line 27, after ("above") insert ("or section 94(1)(a) below;") 
55     Page 62, line 32, at end insert ("or 
 
      (d)  an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
56     Page 63, line 12, at end insert ("or 
 
      (d)  an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."
S.I. 1979/1714 (N.I.  19).
 Companies (Northern Ireland) Order 1989 (N.I.18) 
     .--(1) Article 23 of the Companies (Northern Ireland) Order 1989 (admissibility in evidence of statements) is amended as follows.
 
    (2)  That Article is renumbered as paragraph (1) of that Article.
 
    (3)  After that paragraph insert--
        (2)  However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies--
      (a)  no evidence relating to the statement may be adduced, and
      (b)  no question relating to it may be asked,
    by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
        (3)  Paragraph (2) applies to any offence other than--
      (a)  an offence which is--
            (i)  created by rules made for the purposes of this Order under the Insolvency Order, and
            (ii)  designated for the purposes of this paragraph by such rules or by regulations; or
S.I. 1989/2404.
 
      (b)  an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).
        (4)  Regulations under paragraph (3)(a)(ii) shall after being made be laid before the Assembly."
S.I. 1979/1714 (N.I.  19).
 Insolvency (Northern Ireland) Order 1989 (N.I.19) 
     .--(1) Article 375 of the Insolvency (Northern Ireland) Order 1989 (admissibility in evidence of statements of affairs etc.) is amended as follows.
 
    (2)  That Article is renumbered as paragraph (1) of that Article.
 
    (3)  After that paragraph insert--
        (2)  However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies--
      (a)  no evidence relating to the statement may be adduced, and
      (b)  no question relating to it may be asked,
    by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
        (3)  Paragraph (2) applies to any offence other than--
      (a)  an offence under Article 34(6), 57(6), 58(8), 81(7), 84(5), 85(3)(a), 111(7), 162(2), 172(1)(a) or (d) or (2), 174, 199(5), 324(1), 325(1)(b) or (5) or 327(1) or (3)(a) or (b);
      (b)  an offence which is--
            (i)  created by rules made under this Order, and
            (ii)  designated for the purposes of this paragraph by such rules or by regulations; or
S.I. 1989/2405.
 
      (c)  an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).
        (4)  Regulations under paragraph (3)(b)(ii) shall after being made be laid before the Assembly."")
S.I. 1979/1714 (N.I.  19).
57     Page 63, line 30, at end insert ("or 
 
      (c)  an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath)."")
S.I. 1979/1714 (N.I.  19).
58     Page 63, line 38, at end insert-- 
 ("Proceeds of Crime (Northern Ireland) Order 1996 (N.I.9) 
     . In paragraph 6 of Schedule 2 to the Proceeds of Crime (Northern Ireland) Order 1996 (admissibility of evidence), for sub-paragraph (b) substitute--
      (b)  on his prosecution for some other offence where evidence relating to any such answer or information is adduced, or a question relating to it is asked, by or on behalf of that person; or".")
S.I. 1996/1299.
  
Schedule 4
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
59     Page 67, line 16, at end insert-- 
 ("Companies (Northern Ireland) Order 1989 (N.I.18) 
     . In Article 3(1) of the Companies (Northern Ireland) Order 1989 (interpretation), in the definition of "regulations" after "subject" insert "(except in Article 23(3)(a)(ii))".S.I. 1989/2404.
 Insolvency (Northern Ireland) Order 1989 (N.I.19) 
     . In Article 2(2) of the Insolvency (Northern Ireland) Order 1989 (interpretation), in the definition of "regulations" for "Article 359(5)" substitute "Articles 359(5) and 375(3)(b)(ii)".")S.I. 1989/2405.
 
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