Youth Justice and Criminal Evidence Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 51
 
22     Page 40, line 43, leave out ("meaning given by section 49(9)") and insert ("same meaning as it has for the purposes of section 49") 
  
Clause 52
 
23     Page 41, line 8, after ("not") insert ("a person who is") 
  
After Clause 58
 
24     Insert the following new Clause-- 
     (". Section 69 of the Police and Criminal Evidence Act 1984 (evidence from computer records inadmissible unless conditions relating to proper use and operation of computer shown to be satisfied) shall cease to have effect.")Removal of restriction on use of evidence from computer records.
1984 c. 60.
  
Clause 62
 
25     Page 45, line 39, leave out ("or 41(2)") and insert (", 41(2) or 43(4A)") 
  
Clause 64
 
26     Page 46, line 26, at end insert-- 
     ("(3)  Until the day appointed under section 3 of the Northern Ireland Act 1998 for the commencement of Parts II and III of that Act this section shall have effect with the substitution for subsection (1) of the following--1998 c. 47.
 
        (1)  An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of any of the relevant provisions of this Act--
      (a)  shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
      (b)  shall be subject to annulment in pursuance of a resolution of either House of Parliament."")
1974 c. 28.
  
Clause 66
 
27     Page 46, line 35, at end insert-- 
     ("(  )  For the purposes of the Scotland Act 1998, any provision of this Act which extends to Scotland shall be taken to be a pre-commencement enactment within the meaning of that Act.")1998 c. 46.
28     Page 47, line 34, leave out subsection (10) 
  
Schedule 1
 
29     Page 50, line 9, leave out ("sentences") and insert ("deals with") 
30     Page 51, line 8, leave out ("those paragraphs") and insert ("paragraphs 11 and 12") 
  
Schedule 2
 
31     Page 59, line 24, leave out from beginning to ("paragraph") in line 27 and insert--
 
    ("13.--(1) Section 7 (application of Act to courts-martial) is amended as follows.
 
    (2)  In subsection (1) (Act to apply with modifications where in pursuance of armed forces law a person is charged with an offence to which the Act applies), after "applies" insert "by virtue of section 2(1)".
 
    (3)  In subsection (2) (modifications with which Act applies to courts-martial)--
    (a)  omit paragraph (b);
    (b)  for paragraph (c) substitute--
      (c)  in section 3(1) any reference to a judge, in relation to the person charged with the offence, shall be read as a reference to the judge advocate appointed to conduct proceedings under section 3(1) relating to the offence (whether or not also appointed to conduct other preliminary proceedings relating to the offence)";
    (c)  in paragraph (d), for "court" substitute "judge advocate appointed to be a member of the court-martial"; and
    (d)  omit")
 
  
Schedule 3
 
32     Page 61, line 40, at end insert--
    ("(  )  an offence which is--
          (i)  created by regulations made under any such rules, and
          (ii)  designated for the purposes of this subsection by such regulations;")
 
33     Page 61, line 41, after ("section") insert ("1,") 
34     Page 61, line 42, leave out ("otherwise than in judicial proceedings") 
35     Page 62, line 18, at end insert--
    ("(  )  an offence which is--
          (i)  created by regulations made under any such rules, and
          (ii)  designated for the purposes of this subsection by such regulations;")
 
36     Page 66, line 31, after ("regulations;") insert--
    ("(  )  an offence which is--
          (i)  created by regulations made under any such rules, and
          (ii)  designated for the purposes of this paragraph by such regulations;")
 
37     Page 67, line 8, after ("regulations;") insert--
    ("(  )  an offence which is--
          (i)  created by regulations made under any such rules, and
          (ii)  designated for the purposes of this paragraph by such regulations;")
 
38     Page 67, line 9, after ("Article") insert ("3,") 
39     Page 67, line 10, leave out ("otherwise than in judicial proceedings") 
  
Schedule 4
 
40     Page 71, line 27, leave out ("In section 34(3) of the Criminal Justice Act 1988") and insert--
 
    ("The Criminal Justice Act 1988 has effect subject to the following amendments.
 
    15A. In subsection (1) of each of sections 23 and 24 (first-hand hearsay; business etc. documents), at the end of paragraph (a) insert "and".
 
    15B. In section 34(3)")
 
41     Page 72, line 3, at end insert--
 
    (".--(1) Section 51 (intimidation etc. of witnesses, jurors and others) is amended as follows.
 
    (2)  For subsections (1) to (3) (offences of intimidating, and of doing or threatening harm to, witnesses etc.) substitute--
        (1)  A person commits an offence if--
      (a)  he does an act which intimidates, and is intended to intimidate, another person ("the victim"),
      (b)  he does the act knowing or believing that the victim is assisting in the investigation of an offence or is a witness or potential witness or a juror or potential juror in proceedings for an offence, and
      (c)  he does it intending thereby to cause the investigation or the course of justice to be obstructed, perverted or interfered with.
        (2)  A person commits an offence if--
      (a)  he does an act which harms, and is intended to harm, another person or, intending to cause another person to fear harm, he threatens to do an act which would harm that other person,
      (b)  he does or threatens to do the act knowing or believing that the person harmed or threatened to be harmed ("the victim"), or some other person, has assisted in an investigation into an offence or has given evidence or particular evidence in proceedings for an offence, or has acted as a juror or concurred in a particular verdict in proceedings for an offence, and
      (c)  he does or threatens to do it because of that knowledge or belief.
        (3)  For the purposes of subsections (1) and (2) it is immaterial that the act is or would be done, or that the threat is made--
      (a)  otherwise than in the presence of the victim; or
      (b)  to a person other than the victim."
    (3)  In subsection (8) (presumption in proceedings for offence under subsection (2))--
    (a)  for "he did or threatened to do an act falling within paragraph (a) within the relevant period" substitute "within the relevant period--
      (a)  he did an act which harmed, and was intended to harm, another person, or
      (b)  intending to cause another person fear of harm, he threatened to do an act which would harm that other person,
    and that he did the act, or (as the case may be) threatened to do the act,"; and
    (b)  after "to have done the act" insert "or (as the case may be) threatened to do the act".")
 
  
Schedule 6
 
42     Page 75, line 32, at end insert-- 
 
("12, 13 & 14 Geo. 6 c. 88.Registered Designs Act 1949.Section 17(11).")
 
43     Page 76, line 13, at end insert-- 
 
("1977 c. 37.Patents Act 1977.Section 32(12).")
 
44     Page 76, line 21, at end insert-- 
 
("1979 c. 2.Customs and Excise Management Act 1979.Section 75A(6)(b).

In section 118A(6)(b), the words "sections 69 and 70 of the Police and Criminal Evidence Act 1984 and".")
 
45     Page 76, line 28, column 3, at beginning insert-- 
 
                    ("Sections 69 and 70.")
 
46     Page 76, line 37, column 3, at end insert-- 
 
                ("Schedule 3.")
 
47     Page 76, line 37, at end insert-- 
 
("1985 c. 9.Companies Act 1985.In section 709(3), the words from "In England and Wales" onwards.")
 
48     Page 76, line 38, column 3, at beginning insert-- 
 
("In section 23(1), paragraph (c) and the "and" preceding it.

In section 24(1), paragraph (c) and the "and" preceding it.")
 
49     Page 77, line 17, column 3, at end insert-- 
 
("Section 7(3).")
 
50     Page 77, line 17, at end insert-- 
 
("1994 c. 9.Finance Act 1994.In section 22(2)(b), the words "sections 69 and 70 of the Police and Criminal Evidence Act 1984 and".
In Schedule 7, in paragraph 1(6)(b), the words "sections 69 and 70 of the Police and Criminal Evidence Act 1984 and".
 
 
1994 c. 23.Value Added Tax Act 1994.In Schedule 11, in paragraph 6(6)(b), the words "sections 69 and 70 of the Police and Criminal Evidence Act 1984 and".")
 
51     Page 77, line 27, at end insert-- 
 
("1995 c. 38.Civil Evidence Act 1995.In Schedule 1, paragraph 10.
 
 
1996 c. 8.Finance Act 1996.In Schedule 5, in paragraph 2(6)(a), the words "sections 69 and 70 of the Police and Criminal Evidence Act 1984 and".")
 
52     Page 77, line 29, column 3, at end insert (", 27") 
  
Schedule 7
 
53     Page 79, line 20, leave out ("to allegations within subsection (1) of that section whether made") and insert ("in relation to an alleged offence whether the criminal investigation into it is begun") 
  
In the Title
 
54     Line 4, after ("proceedings;") insert ("to amend section 51 of the Criminal Justice and Public Order Act 1994;") 
 
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Prepared 14 July 1999