Youth Justice and Criminal Evidence Act 1999

• (3) A person is not competent to give evidence in criminal proceedings if it appears to the court that he is not a person who is able to—

• (a) understand questions put to him as a witness, and

• (b) give answers to them which can be understood.

• (4) A person charged in criminal proceedings is not competent to give evidence in the proceedings for the prosecution (whether he is the only person, or is one of two or more persons, charged in the proceedings).

• (5) In subsection (4) the reference to a person charged in criminal proceedings does not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).

Determining competence of witnesses

54

• (1) Any question whether a witness in criminal proceedings is competent to give evidence in the proceedings, whether raised—

• (a) by a party to the proceedings, or

• (b) by the court of its own motion,

shall be determined by the court in accordance with this section.

• (2) It is for the party calling the witness to satisfy the court that, on a balance of probabilities, the witness is competent to give evidence in the proceedings.

• (3) In determining the question mentioned in subsection (1) the court shall treat the witness as having the benefit of any directions under section 19 which the court has given, or proposes to give, in relation to the witness.

• (4) Any proceedings held for the determination of the question shall take place in the absence of the jury (if there is one).

• (5) Expert evidence may be received on the question.

• (6) Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties.

Giving of sworn or unsworn evidence

Determining whether witness to be sworn

55

• (1) Any question whether a witness in criminal proceedings may be sworn for the purpose of giving evidence on oath, whether raised—

• (a) by a party to the proceedings, or

• (b) by the court of its own motion,

shall be determined by the court in accordance with this section.

• (2) The witness may not be sworn for that purpose unless—

• (a) he has attained the age of 14, and

• (b) he has a sufficient appreciation of the solemnity of the occasion and of the particular responsibility to tell the truth which is involved in taking an oath.

• (3) The witness shall, if he is able to give intelligible testimony, be presumed to have a sufficient appreciation of those matters if no evidence tending to show the contrary is adduced (by any party).

• (4) If any such evidence is adduced, it is for the party seeking to have the witness sworn to satisfy the court that, on a balance of probabilities, the witness has attained the age of 14 and has a sufficient appreciation of the matters mentioned in subsection (2)(b).

• (5) Any proceedings held for the determination of the question mentioned in subsection (1) shall take place in the absence of the jury (if there is one).

• (6) Expert evidence may be received on the question.

• (7) Any questioning of the witness (where the court considers that necessary) shall be conducted by the court in the presence of the parties.

• (8) For the purposes of this section a person is able to give intelligible testimony if he is able to—

• (a) understand questions put to him as a witness, and

• (b) give answers to them which can be understood.

Reception of unsworn evidence

56

• (1) Subsections (2) and (3) apply to a person (of any age) who—

• (a) is competent to give evidence in criminal proceedings, but

• (b) (by virtue of section 55(2)) is not permitted to be sworn for the purpose of giving evidence on oath in such proceedings.

• (2) The evidence in criminal proceedings of a person to whom this subsection applies shall be given unsworn.

• (3) A deposition of unsworn evidence given by a person to whom this subsection applies may be taken for the purposes of criminal proceedings as if that evidence had been given on oath.

• (4) A court in criminal proceedings shall accordingly receive in evidence any evidence given unsworn in pursuance of subsection (2) or (3).

• (5) Where a person (“the witness”) who is competent to give evidence in criminal proceedings gives evidence in such proceedings unsworn, no conviction, verdict or finding in those proceedings shall be taken to be unsafe for the purposes of any of sections 2(1), 13(1) and 16(1) of the Criminal Appeal Act 1968 (grounds for allowing appeals) by reason only that it appears to the Court of Appeal that the witness was a person falling within section 55(2) (and should accordingly have given his evidence on oath).

Penalty for giving false unsworn evidence

57

• (1) This section applies where a person gives unsworn evidence in criminal proceedings in pursuance of section 56(2) or (3).

• (2) If such a person wilfully gives false evidence in such circumstances that, had the evidence been given on oath, he would have been guilty of perjury, he shall be guilty of an offence and liable on summary conviction to—

• (a) imprisonment for a term not exceeding 6 months, or

• (b) a fine not exceeding £1,000,

or both.

• (3) In relation to a person under the age of 14, subsection (2) shall have effect as if for the words following “on summary conviction” there were substituted “ to a fine not exceeding £250 ”.

Chapter VI — Restrictions on use of evidence

Additional restrictions

Inferences from silence not permissible where no prior access to legal advice

58

• (1) Sections 34 and 36 to 38 of the Criminal Justice and Public Order Act 1994 (inferences from accused’s silence) shall be amended as follows.

• (2) In section 34 (effect of accused’s failure to mention facts when questioned or charged), after subsection (2) there shall be inserted—

(2A) Where the accused was at an authorised place of detention at the time of the failure, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to being questioned, charged or informed as mentioned in subsection (1) above.

• (3) In section 36 (effect of accused’s failure or refusal to account for objects, substances or marks), after subsection (4) there shall be inserted—

(4A) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) above do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.

• (4) In section 37 (effect of accused’s failure or refusal to account for presence at a particular place), after subsection (3) there shall be inserted—

(3A) Where the accused was at an authorised place of detention at the time of the failure or refusal, subsections (1) and (2) do not apply if he had not been allowed an opportunity to consult a solicitor prior to the request being made.

• (5) In section 38 (interpretation), after subsection (2) there shall be inserted—

(2A) In each of sections 34(2A), 36(4A) and 37(3A) “authorised place of detention” means— (a) a police station; or (b) any other place prescribed for the purposes of that provision by order made by the Secretary of State; and the power to make an order under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Restriction on use of answers etc. obtained under compulsion

59

Schedule 3, which amends enactments providing for the use of answers and statements given under compulsion so as to restrict in criminal proceedings their use in evidence against the persons giving them, shall have effect.

Removal of restriction

Removal of restriction on use of evidence from computer records

60

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.

Chapter VII — General

Application of Part II to service courts

61

• (1) The Secretary of State may by order direct that any provision of—

• (a) Chapters I to III and V, or

• (b) sections 62, 63 and 65 so far as having effect for the purposes of any of those Chapters,

shall apply, subject to such modifications as he may specify, to any proceedings before a service court.

• (2) Chapter IV (and sections 62, 63 and 65 so far as having effect for the purposes of that Chapter) shall have effect for the purposes of proceedings before a service court subject to any modifications which the Secretary of State may by order specify.

• (3) The power to make an order under section 39 of the Criminal Justice and Public Order Act 1994 (power to apply sections 34 to 38 to the armed forces) in relation to any provision of sections 34 to 38 of that Act shall be exercisable in relation to any provision of those sections as amended by section 58 above.

Meaning of “sexual offence” and other references to offences

62

• (1) In this Part “sexual offence” means any offence under—

• (a) Part 1 of the Sexual Offences Act 2003 or any relevant superseded offence; or

• (b) section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

• (1A) In subsection (1) “relevant superseded offence” means—

• (a) rape or burglary with intent to rape;

• (b) an offence under any of sections 2 to 12 and 14 to 17 of the Sexual Offences Act 1956 (unlawful intercourse, indecent assault, forcible abduction etc.);

• (c) an offence under section 128 of the Mental Health Act 1959 (unlawful intercourse with person receiving treatment for mental disorder by member of hospital staff etc.);

• (d) an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14);

• (e) an offence under section 54 of the Criminal Law Act 1977 (incitement of child under 16 to commit incest).

• (2) In this Part any reference (including a reference having effect by virtue of this subsection) to an offence of any description (“the substantive offence”) is to be taken to include a reference to an offence which consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, the substantive offence.

General interpretation etc. of Part II

63

• (1) In this Part (except where the context otherwise requires)—

• “accused”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not he has been convicted);

• “the complainant”, in relation to any offence (or alleged offence), means a person against or in relation to whom the offence was (or is alleged to have been) committed;

• “court” (except in Chapter IV or V or subsection (2)) means a magistrates’ court, the Crown Court or the criminal division of the Court of Appeal;

• “legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation (within the meaning of that Act);

• “picture” includes a likeness however produced;

• “the prosecutor” means any person acting as prosecutor, whether an individual or body;

• “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;

• “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;

• “service court” means—the Court Martial;the Service Civilian Court; orthe Court Martial Appeal Court

• “video recording” means any recording, on any medium, from which a moving image may by any means be produced, and includes the accompanying sound-track;

• “witness”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence in the proceedings.

• (2) Nothing in this Part shall affect any power of a court to exclude evidence at its discretion (whether by preventing questions being put or otherwise) which is exercisable apart from this Part.

Part III — Final provisions

Regulations and orders

64

• (1) Any power of the Secretary of State to make any . . . order under this Act shall be exercised by statutory instrument.

• (2) A statutory instrument containing any . . . order under section . . . 61(1) or (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) No . . . order shall be made under—

• (a) section . . ., 17(7), 18(5), 42(2) or 44(5), . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

unless a draft of the . . .order has been laid before, and approved by a resolution of, each House of Parliament.

• (4) Any . . . order made by the Secretary of State under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

• (5) Any power of the Department of Justice in Northern Ireland to make an order under this Act shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (6) No order shall be made by the Department of Justice under section 44(5) unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly (and subsection (3) above shall not apply to the making of any order by the Department of Justice).

• (7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

• (8) Any order made by the Department of Justice under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Department of Justice thinks fit.

General supplementary provisions

65

• (1) Criminal Procedure Rules may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Act (and nothing in this Act shall be taken to affect the generality of any enactment conferring power to make such rules).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of this Act the age of a person shall be taken to be that which it appears to the court to be after considering any available evidence.

• (4) Subsection (3) is subject to section 33(5) of this Act.

Corresponding provisions for Northern Ireland

66

• (1) An Order in Council under section 85 of the Northern Ireland Act 1998 (provision dealing with certain reserved matters) 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 the procedures set out in subsections (3) to (8) of that section; but

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) In subsection (1) “the relevant provisions of this Act” means—

• (a) Chapters I to III of Part II;

• (b) section 47;

• (c) sections 49 to 51 so far as having effect for the purposes of section 47;

• (d) Chapters V to VII of Part II (other than section 59); and

• (e) this Part.

• (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—

(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.

Minor, consequential and pre-consolidation amendments, repeals and transitional provisions

67

• (1) The minor and consequential amendments specified in Schedule 4 shall have effect.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The enactments specified in Schedule 6 (which include certain spent enactments) are repealed or revoked to the extent specified.

• (4) The transitional provisions and savings in Schedule 7 shall have effect.

Short title, commencement and extent

68

• (1) This Act may be cited as the Youth Justice and Criminal Evidence Act 1999.

• (2) 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.

• (3) Subject to subsection (4), this Act shall not come into force until such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

• (3A) In relation to the coming into force of any provision of this Act for the purposes of the law of Northern Ireland, the reference in subsection (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland.

• (4) The following provisions come into force on the day on which this Act is passed—

• (a) section 6(4);

• (b) the provisions of Chapters I to IV of Part II for the purpose only of the exercise of any power to make rules of court;

• (c) section 40(1);

• (d) sections 58(5) and 61(2) for the purpose only of the exercise of any power to make an order;

• (e) section 61(1) and (3), sections 62 to 66 and this section.

• (5) Subject to subsections (6) to (9) this Act extends to England and Wales only.

• (6) Subject to subsection (9), the following provisions extend also to Scotland and Northern Ireland—

• (a) the provisions of Chapter IV of Part II and section 63 so far as having effect for the purposes of those provisions;

• (b) the provisions of paragraph 6 of Schedule 7 and paragraph 1 of that Schedule so far as having effect for the purposes of those provisions; and

• (c) sections 59, 61 and 64 and this section.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Section 66 extends to Northern Ireland only.

• (9) The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked, except that—

• (a) the amendments made by Schedule 2 in section 49 of the Children and Young Persons Act 1933 and in the Sexual Offences (Amendment) Act 1992 extend to England and Wales, Scotland and Northern Ireland;

• (b) the repeal by Schedule 6 of section 62 of the Criminal Procedure and Investigations Act 1996 does not extend to Northern Ireland.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1

Part I — Referral back to appropriate court

Introductory

1

• (1) This Part of this Schedule applies where a youth offender panel refers an offender back to the appropriate court under section 7(2), 10(2) or (3), 11(5), (8) or (10) or 12(4).

• (2) For the purposes of this Part of this Schedule and the provisions mentioned in sub-paragraph (1) the appropriate court is—

• (a) in the case of an offender under the age of 18 at the time when (in pursuance of the referral back) he first appears before the court, a youth court acting for the petty sessions area in which it appears to the youth offender panel that the offender resides or will reside; and

• (b) otherwise, a magistrates’ court (other than a youth court) acting for that area.

Mode of referral back to court

2

The panel shall make the referral by sending a report to the appropriate court explaining why the offender is being referred back to it.

Bringing the offender before the court

3

• (1) Where the appropriate court receives such a report, the court shall cause the offender to appear before it.

• (2) For the purpose of securing the attendance of the offender before the court, a justice acting for the petty sessions area for which the court acts may—

• (a) issue a summons requiring the offender to appear at the place and time specified in it, or

• (b) if the report is substantiated on oath, issue a warrant for the offender’s arrest.

• (3) Any summons or warrant issued under sub-paragraph (2) shall direct the offender to appear or be brought before the appropriate court.

• (4) Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to any process issued under sub-paragraph (2) as it applies to process issued under the Magistrates’ Courts Act 1980.

Detention and remand of arrested offender

4

• (1) Where the offender is arrested in pursuance of a warrant under paragraph 3(2) and cannot be brought immediately before the appropriate court—

• (a) the person in whose custody he is may make arrangements for his detention in a place of safety (within the meaning given by section 107(1) of the Children and Young Persons Act 1933) for a period of not more than 72 hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

• (b) that person shall within that period bring him before a court which—

• (i) if he is under the age of 18 when he is brought before the court, shall be a youth court, and

• (ii) if he has then attained that age, shall be a magistrates’ court other than a youth court.

• (2) Sub-paragraphs (3) to (5) apply where the court before which the offender is brought under sub-paragraph (1)(b) (“the alternative court”) is not the appropriate court.

• (3) The alternative court may direct that he is to be released forthwith or remand him.

• (4) Section 128 of the Magistrates’ Courts Act 1980 (remand in custody or on bail) shall have effect where the alternative court has power under sub-paragraph (3) to remand the offender as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court.

• (5) That section shall have effect where the alternative court has power to so remand him, or the appropriate court has (by virtue of sub-paragraph (4)) power to further remand him, as if in subsection (1) there were inserted after paragraph (c)

or (d) if he is under the age of 18, remand him to accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989) and, if it does so, shall designate as the authority who are to receive him the local authority for the area in which it appears to the court that he resides or will reside;

.

Power of court where it upholds panel’s decision

5

• (1) If it is proved to the satisfaction of the appropriate court as regards any decision of the panel which resulted in the offender being referred back to the court—

• (a) that, so far as the decision relied on any finding of fact by the panel, the panel was entitled to make that finding in the circumstances, and

• (b) that, so far as the decision involved any exercise of discretion by the panel, the panel reasonably exercised that discretion in the circumstances,

the court may exercise the power conferred by sub-paragraph (2).

• (2) That power is a power to revoke the referral order (or each of the referral orders).

• (3) The revocation under sub-paragraph (2) of a referral order has the effect of revoking any related order under paragraph 11 or 12.

• (4) Where any order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may deal with the offender in accordance with sub-paragraph (5) for the offence in respect of which the revoked order was made.

• (5) In so dealing with the offender for such an offence, the appropriate court—

• (a) may deal with him in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order; and

• (b) shall have regard to—

• (i) the circumstances of his referral back to the court; and

• (ii) where a contract has taken effect under section 8 between the offender and the panel, the extent of his compliance with the terms of the contract.

• (6) The appropriate court may not exercise the powers conferred by sub-paragraph (2) or (4) unless the offender is present before it; 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).

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal

6

Where the court in exercise of the power conferred by paragraph 5(4) deals with the offender for an offence, the offender may appeal to the Crown Court against the sentence.

Court not revoking referral order or orders

7

• (1) This paragraph applies—

• (a) where the appropriate court decides that the matters mentioned in paragraphs (a) and (b) of paragraph 5(1) have not been proved to its satisfaction; or

• (b) where, although by virtue of paragraph 5(1) the appropriate court—

• (i) is able to exercise the power conferred by paragraph 5(2), or

• (ii) would be able to do so if the offender were present before it,

the court (for any reason) decides not to exercise that power.

• (2) If either—

• (a) no contract has taken effect under section 8 between the offender and the panel, or

• (b) a contract has taken effect under that section but the period for which it has effect has not expired,

the offender shall continue to remain subject to the referral order (or orders) in all respects as if he had not been referred back to the court.

• (3) If—

• (a) a contract had taken effect under section 8, but

• (b) the period for which it has effect has expired (otherwise than by virtue of section 9(6)),

the court shall make an order declaring that the referral order (or each of the referral orders) is discharged.

Exception where court satisfied as to completion of contract

8

If, in a case where the offender is referred back to the court under section 12(4), the court decides (contrary to the decision of the panel) that the offender’s compliance with the terms of the contract has, or will have, been such as to justify the conclusion that he has satisfactorily completed the contract, the court shall make an order declaring that the referral order (or each of the referral orders) is discharged.

Discharge of extension orders

9

The discharge under paragraph 7(3) or 8 of a referral order has the effect of discharging any related order under paragraph 11 or 12.

Part II — Further convictions during referral

Extension of referral for further offences

10

• (1) Paragraphs 11 and 12 apply where, at a time when an offender under the age of 18 is subject to referral, a youth court or other magistrates’ court (“the relevant court”) is dealing with him for an offence in relation to which paragraphs (a) to (c) of section 1(1) are applicable.

• (2) But paragraphs 11 and 12 do not apply unless the offender’s compliance period is less than 12 months.

Extension where further offences committed pre-referral

11

If—

• (a) the occasion on which the offender was referred to the panel is the only other occasion on which it has fallen to a court in the United Kingdom to deal with the offender for any offence or offences, and

• (b) the offender committed the offence mentioned in paragraph 10, and any associated offence, before he was referred to the panel,

the relevant court may sentence the offender for the offence by making an order extending his compliance period.

Extension where further offence committed after referral

12

• (1) If—

• (a) paragraph 11(a) applies, but

• (b) the offender committed the offence mentioned in paragraph 10, or any associated offence, after he was referred to the panel,

the relevant court may sentence the offender for the offence by making an order extending his compliance period, but only if the requirements of sub-paragraph (2) are complied with.

• (2) Those requirements are that the court must—

• (a) be satisfied, on the basis of a report made to it by the relevant body, that there are exceptional circumstances which indicate that, even though the offender has re-offended since being referred to the panel, extending his compliance period is likely to help prevent further re-offending by him; and

• (b) state in open court that it is so satisfied and why it is.

• (3) In sub-paragraph (2) “the relevant body” means the panel to which the offender has been referred or, if no contract has yet taken effect between the offender and the panel under section 8, the specified team.

Provisions supplementary to paragraphs 11 and 12

13

• (1) An order under paragraph 11 or 12, or two or more orders under one or other of those paragraphs made in respect of associated offences, must not so extend the offender’s compliance period as to cause it to exceed twelve months.

• (2) Sub-paragraphs (3) to (5) apply where the relevant court makes an order under paragraph 11 or 12 in respect of the offence mentioned in paragraph 10; but sub-paragraphs (3) to (5) do not affect the exercise of any power to deal with the offender conferred by paragraph 5 or 14.

• (3) The relevant court may not deal with the offender for that offence in any of the prohibited ways specified in section 4(4).

• (4) The relevant court—

• (a) shall, in respect of any associated offence, either—

• (i) sentence the offender by making an order under the same paragraph, or

• (ii) make an order discharging him absolutely; and

• (b) may not deal with the offender for any associated offence in any of those prohibited ways.

• (5) The relevant court may not, in connection with the conviction of the offender for the offence or any associated offence, make any such order as is mentioned in section 4(5).

• (6) For the purposes of paragraphs 11 and 12 any occasion on which the offender was discharged absolutely in respect of the offence, or each of the offences, for which he was being dealt with shall be disregarded.

• (7) Any occasion on which, in criminal proceedings in England and Wales or Northern Ireland, the offender was bound over to keep the peace or to be of good behaviour shall be regarded for those purposes as an occasion on which it fell to a court in the United Kingdom to deal with the offender for an offence.

• (8) The Secretary of State may by regulations make such amendments of paragraphs 10 to 12 and this paragraph as he considers appropriate for altering in any way the descriptions of offenders in the case of which an order extending the compliance period may be made; and subsection (4) of section 2 shall apply in relation to regulations under this sub-paragraph as it applies in relation to regulations under subsection (3) of that section.

Further convictions which lead to revocation of referral

14

• (1) This paragraph applies where, at a time when an offender is subject to referral, a court in England and Wales deals with him for an offence (whether committed before or after he was referred to the panel) by making an order other than—

• (a) an order under paragraph 11 or 12, or

• (b) an order discharging him absolutely.

• (2) In such a case the order of the court shall have the effect of revoking—

• (a) the referral order (or orders), and

• (b) any related order or orders under paragraph 11 or 12.

• (3) Where any order is revoked by virtue of sub-paragraph (2), the court may, if appears to the court that it would be in the interests of justice to do so, deal with the offender for the offence in respect of which the revoked order was made in any manner in which (assuming section 1 had not applied) he could have been dealt with for that offence by the court which made the order.

• (4) When dealing with the offender under sub-paragraph (3) the court shall, where a contract has taken effect between the offender and the panel under section 8, have regard to the extent of his compliance with the terms of the contract.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

15

• (1) For the purposes of this Part of this Schedule an offender is for the time being subject to referral if—

• (a) a referral order has been made in respect of him and that order has not, or

• (b) two or more referral orders have been made in respect of him and any of those orders has not,

been discharged (whether by virtue of section 12(3) or under paragraph 7(3) or 8) or revoked (whether under paragraph 5(2) or by virtue of paragraph 14(2)).

• (2) In this Part of this Schedule “compliance period”, in relation to an offender who is for the time being subject to referral, means the period for which (in accordance with section 9) any youth offender contract taking effect in his case under section 8 has (or would have) effect.

SCHEDULE 2

Children and Young Persons Act 1933 (c. 12)

1

The Children and Young Persons Act 1933 has effect subject to the following amendments.

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• (1) Section 49 (restrictions on reports of proceedings in which children or young persons concerned) is amended as follows.

• (2) For subsection (1) substitute—

(1) No matter relating to any child or young person concerned in proceedings to which this section applies shall while he is under the age of 18 be included in any publication if it is likely to lead members of the public to identify him as someone concerned in the proceedings.

• (3) For subsection (3) substitute—

(3) In this section “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings. (3A) 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) include in particular— (a) his name, (b) his address, (c) the identity of any school or other educational establishment attended by him, (d) the identity of any place of work, and (e) any still or moving picture of him.

• (4) In subsection (4), for the words from “whether as being” onwards substitute

if he is— (a) a person against or in respect of whom the proceedings are taken, or (b) a person called, or proposed to be called, to give evidence in the proceedings.

• (5) In subsection (4A), for “requirements of this section” substitute “ restrictions imposed by subsection (1) above ”.

• (6) In subsection (8), after “subsection” insert “ (4A) or ”.

• (7) For subsection (9) substitute—

(9) If a publication includes any matter in contravention of subsection (1) above, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale— (a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical; (b) where the publication is a relevant programme— (i) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and (ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper; (c) in the case of any other publication, any person publishing it. (9A) Where a person is charged with an offence under subsection (9) above 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 publication included the matter in question. (9B) If an offence under subsection (9) above committed by a body corporate is proved— (a) to have been committed with the consent or connivance of, or (b) to be attributable to any neglect on the part of, an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (9C) In subsection (9B) above “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. (9D) If the affairs of a body corporate are managed by its members, “director” in subsection (9C) above means a member of that body. (9E) Where an offence under subsection (9) above is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

• (8) In subsection (11), for the definition of “programme” and “programme service” substitute—

“picture” includes a likeness however produced; “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990;

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• (9) After subsection (11) insert—

(12) This section extends to England and Wales, Scotland and Northern Ireland, but no reference in this section to any court includes a court in Scotland. (13) In its application to Northern Ireland, this section has effect as if— (a) in subsection (1) for the reference to the age of 18 there were substituted a reference to the age of 17; (b) subsection (2)(c) and (d) were omitted; (c) in subsection (4A)— (i) in paragraph (d) for the reference to section 394(1)(d) or (e) of the Sentencing Code there were substituted a reference to Article 50(3) of the Criminal Justice (Children) (Northern Ireland) Order 1998; and (ii) in paragraph (e) for the references to a detention and training order and to section 242(4)(b) of the Sentencing Code there were substituted references to a juvenile justice centre order and to Article 40(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998; (d) in subsection (5) for references to a court (other than the reference in paragraph (b)) there were substituted references to a court or the Secretary of State; (e) in subsection (7)— (i) for the references to the Director of Public Prosecutions there were substituted references to the Director of Public Prosecutions for Northern Ireland; and (ii) in paragraph (b) for the reference to any legal representative of the child or young person there were substituted a reference to any barrister or solicitor acting for the child or young person; (f) subsections (8) and (10) were omitted; and (g) in subsection (11)— (i) the definition of “legal representative” were omitted; and (ii) for the references to Part 1 or 2 of Schedule 18 to the Sentencing Code there were substituted references to Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996. (14) References in this section to a young person concerned in proceedings are, where the proceedings are in a court in Northern Ireland, to a person who has attained the age of 14 but is under the age of 17.

• (10) The amendments made by this paragraph do not apply to the inclusion of matter in a publication if—

• (a) where the publication is a relevant programme, it is transmitted, or

• (b) in the case of any other publication, it is published,

before the coming into force of this paragraph.

Sexual Offences (Amendment) Act 1976 (c. 82)

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• (1) The Sexual Offences (Amendment) Act 1976 has effect subject to the following amendments.

• (2) Omit sections 4 and 5 (which provide for the anonymity of complainants in rape etc. cases and are superseded by the amendments made by this Schedule to the Sexual Offences (Amendment) Act 1992).

• (3) In section 7(6) (extent), for the words after “Scotland” substitute “ or Northern Ireland. ”

Sexual Offences (Northern Ireland) Order 1978 (N.I.15)

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In the Sexual Offences (Northern Ireland) Order 1978, omit Articles 6 and 7 (which provide for the anonymity of complainants in rape offence cases and are superseded by the amendments made by this Schedule to the Sexual Offences (Amendment) Act 1992).

Sexual Offences (Amendment) Act 1992 (c. 34)

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The Sexual Offences (Amendment) Act 1992 has effect subject to the following amendments.

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• (1) Section 1 (anonymity of victims of certain sexual offences) is amended as follows.

• (2) In subsection (1), for the words from “neither the name” to the end of paragraph (b) substitute “ no matter relating to that person shall during that person’s lifetime be included in any publication ”.

• (3) In subsection (2), for the words after “complainant’s lifetime” substitute “ be included in any publication. ”

• (4) 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. (3A) 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) include in particular— (a) the person’s name, (b) the person’s address, (c) the identity of any school or other educational establishment attended by the person, (d) the identity of any place of work, and (e) any still or moving picture of the person.

• (5) In subsection (4), for “publication or inclusion in a relevant programme” substitute “ inclusion in a publication ”.

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• (1) Section 2 (offences to which Act applies) is amended as follows.

• (2) In subsection (1), after “This Act applies to the following offences” insert

against the law of England and Wales— (aa) rape; (ab) burglary with intent to rape;

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• (3) In subsection (1)(e), for “(a)” substitute “ (aa) ”.

• (4) In subsection (1), after paragraph (g) insert—

(h) aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (aa) to (e) and (g);

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• (5) In subsection (2), after paragraph (m) insert—

(n) section 17 (abduction of woman by force).

• (6) After subsection (2) insert—

(3) This Act applies to the following offences against the law of Northern Ireland— (a) rape; (b) burglary with intent to rape; (c) any offence under any of the following provisions of the Offences against the Person Act 1861— (i) section 52 (indecent assault on a female); (ii) section 53 so far as it relates to abduction of a woman against her will; (iii) section 61 (buggery); (iv) section 62 (attempt to commit buggery, assault with intent to commit buggery or indecent assault on a male); (d) any offence under any of the following provisions of the Criminal Law Amendment Act 1885— (i) section 3 (procuring unlawful carnal knowledge of woman by threats, false pretences or administering drugs); (ii) section 4 (unlawful carnal knowledge, or attempted unlawful carnal knowledge, of a girl under 14); (iii) section 5 (unlawful carnal knowledge of a girl under 17); (e) any offence under any of the following provisions of the Punishment of Incest Act 1908— (i) section 1 (incest, attempted incest by males); (ii) section 2 (incest by females over 16); (f) any offence under section 22 of the Children and Young Persons Act (Northern Ireland) 1968 (indecent conduct towards child); (g) any offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse); (h) any offence under any of the following provisions of the Mental Health (Northern Ireland) Order 1986— (i) Article 122(1)(a) (unlawful sexual intercourse with a woman suffering from severe mental handicap); (ii) Article 122(1)(b) (procuring a woman suffering from severe mental handicap to have unlawful sexual intercourse); (iii) Article 123 (unlawful sexual intercourse by hospital staff, etc. with a person receiving treatment for mental disorder); (i) any attempt to commit any of the offences mentioned in paragraphs (a) to (h); (j) any conspiracy to commit any of those offences; (k) any incitement of another to commit any of those offences; (l) aiding, abetting, counselling or procuring the commission of any of the offences mentioned in paragraphs (a) to (i) and (k).

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• (1) Section 3 (power to displace reporting restrictions under section 1) is amended as follows.

• (2) In subsection (6)(b) (meaning of “judge”), after “Crown Court” insert “ in England and Wales. ”

• (3) After subsection (6) insert—

(6A) In its application to Northern Ireland, this section has effect as if— (a) in subsections (1) and (2) for any reference to the judge there were substituted a reference to the court; and (b) subsection (6) were omitted.

10

In section 4 (special rules for cases of incest or buggery), after subsection (7) insert—

(8) In its application to Northern Ireland, this section has effect as if— (a) subsection (1) were omitted; (b) for references to a section 10 offence there were substituted references to an offence under section 1 of the Punishment of Incest Act 1908 (incest by a man) or an attempt to commit that offence; (c) for references to a section 11 offence there were substituted references to an offence under section 2 of that Act (incest by a woman) or an attempt to commit that offence; and (d) for references to a section 12 offence there were substituted references to an offence under section 61 of the Offences against the Person Act 1861 (buggery) or an attempt to commit that offence.

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• (1) Section 5 (offences) is amended as follows.

• (2) For subsection (1) substitute—

(1) If any matter is included in a publication in contravention of section 1, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale— (a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical; (b) where the publication is a relevant programme— (i) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and (ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper; (c) in the case of any other publication, any person publishing it.

• (3) In subsection (2) (defence where victim consented to publication)—

• (a) for “publication of any matter or the inclusion of any matter in a relevant programme” substitute “ inclusion of any matter in a publication ”, and

• (b) omit “or programme”.

• (4) 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. ”

• (5) In subsection (4) (Attorney General’s consent to prosecution), at the end insert “ if the offence is alleged to have been committed in England and Wales or of the Attorney General for Northern Ireland if the offence is alleged to have been committed in Northern Ireland. ”

• (6) In subsection (5) (defence for person unaware of inclusion of prohibited matter), for the words from “or programme” onwards substitute “ included the matter in question. ”

• (7) 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.

• (8) After subsection (7) insert—

(8) Where an offence under this section is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

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• (1) Section 6 (interpretation) is amended as follows.

• (2) In subsection (1), omit the definition of “written publication” (and the word “and” preceding it) and after the definition of “picture” insert—

“publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings;

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• (3) In subsection (2A) (victims of conspiracy etc.), for the words from “accusation that” to “committed, the” substitute

accusation— (a) that an offence of conspiracy or incitement of another to commit an offence mentioned in section 2(1)(aa) to (d) or (3)(a) to (h) has been committed, or (b) that an offence of aiding, abetting, counselling or procuring the commission of an offence of incitement of another to commit an offence mentioned in section 2(1)(aa) to (d) or (3)(a) to (h) has been committed, the

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• (4) In subsection (3) (time when person is accused of an offence), in paragraph (a) after “is laid” insert “ , or (in Northern Ireland) a complaint is made, ”.

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• (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 paragraph (e) except for the word “and” at the end.

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For section 8(6) and (7) (application of Act to Scotland and to Northern Ireland) substitute—

(6) This Act extends to England and Wales, Scotland and Northern Ireland. (7) This Act, so far as it relates to proceedings before a court-martial or the Courts-Martial Appeal Court, applies to such proceedings wherever they may take place (whether in the United Kingdom or elsewhere).

Criminal Justice (Northern Ireland) Order 1994 (N.I.15)

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In the Criminal Justice (Northern Ireland) Order 1994, omit Articles 19 to 24 (which provide for the anonymity of victims of certain sexual offences and are superseded by the amendments made by this Schedule to the Sexual Offences (Amendment) Act 1992).

SCHEDULE 3

Insurance Companies Act 1982 (c. 50)

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The Insurance Companies Act 1982 is amended as follows.

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In section 43A (general investigations into insurance companies), after subsection (5) (use of statements made under the section) add—

(6) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (7) Subsection (6) above applies to any offence other than— (a) an offence under section 71(1)(b) or (3) below; (b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); (c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or (d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

3

In section 44 (obtaining information and documents from companies), after subsection (5) (use of statements made under the section) insert—

(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (5B) Subsection (5A) above applies to any offence other than— (a) an offence under section 71(1)(b), (3) or (4) below; (b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); (c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or (d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

Companies Act 1985 (c. 6)

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Insolvency Act 1986 (c. 45)

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• (1) Section 433 of the Insolvency Act 1986 (admissibility in evidence of statements of affairs etc.) is amended as follows.

• (2) That section is renumbered as subsection (1) of that section.

• (3) After that subsection insert—

(2) However, in criminal proceedings in which any such person is charged with an offence to which this subsection 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) Subsection (2) applies to any offence other than— (a) an offence under section 22(6), 47(6), 48(8), 66(6), 67(8), 95(8), 98(6), 99(3)(a), 131(7), 192(2), 208(1)(a) or (d) or (2), 210, 235(5), 353(1), 354(1)(b) or (3) or 356(1) or (2)(a) or (b) or paragraph 4(3)(a) of Schedule 7; (b) an offence which is— (i) created by rules made under this Act, and (ii) designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State; (c) 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; (d) an offence under section 1, 2 or 5 of the Perjury Act 1911 (false statements made on oath or made otherwise than on oath); or (e) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath). (4) Regulations under subsection (3)(b)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.

Company Directors Disqualification Act 1986 (c. 46)

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• (1) Section 20 of the Company Directors Disqualification Act 1986 (admissibility in evidence of statements) is amended as follows.

• (2) That section is renumbered as subsection (1) of that section.

• (3) After that subsection insert—

(2) However, in criminal proceedings in which any such person is charged with an offence to which this subsection 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) Subsection (2) applies to any offence other than— (a) an offence which is— (i) created by rules made for the purposes of this Act under the Insolvency Act, and (ii) designated for the purposes of this subsection by such rules or by regulations made by the Secretary of State; (b) 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; (c) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); or (d) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath). (4) Regulations under subsection (3)(a)(ii) shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.

Building Societies Act 1986 (c. 53)

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In section 57 of the Building Societies Act 1986 (use of answers given to inspectors conducting investigations into building societies), after subsection (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 subsection 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. (5B) Subsection (5A) above applies to any offence other than— (a) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); (b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); 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).

Financial Services Act 1986 (c. 60)

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The Financial Services Act 1986 is amended as follows.

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In section 105 (powers of Secretary of State to investigate affairs of person carrying on investment business), after subsection (5) (use of statements made under the section) insert—

(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (5B) Subsection (5A) above applies to any offence other than— (a) an offence under subsection (10) or section 200(1) below; (b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); (c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or (d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

12

In section 177 (investigations into insider dealing), after subsection (6) (use of statements made under the section) insert—

(6A) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (6B) Subsection (6A) above applies to any offence other than— (a) an offence under section 200(1) below; (b) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); (c) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); 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).

Companies (Northern Ireland) Order 1986 (N.I.6)

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Banking Act 1987 (c. 22)

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The Banking Act 1987 is amended as follows.

17

In section 39 (power of Financial Services Authority to obtain information etc. from authorised institutions), after subsection (12) (use of statements made under the section) insert—

(12A) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (12B) Subsection (12A) above applies to any offence other than— (a) an offence under subsection (11) above or section 94(1)(a) below; (b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); (c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or (d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

18

In section 41 (investigations into authorised institutions by Financial Services Authority), after subsection (10) (use of statements made under the section) insert—

(10A) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (10B) Subsection (10A) above applies to any offence other than— (a) an offence under subsection (9)(c) above or section 94(4) below; (b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); (c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or (d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

19

In section 42 (investigations by Financial Services Authority into suspected contraventions of sections 3 and 35), after subsection (5) (use of statements made under the section) insert—

(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (5B) Subsection (5A) above applies to any offence other than— (a) an offence under subsection (4) above or section 94(1)(a) below; (b) an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); (c) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or (d) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

Criminal Justice Act 1987 (c. 38)

20

After subsection (8) of section 2 of the Criminal Justice Act 1987 (use of statements made in response to requirements imposed by the Director of the Serious Fraud Office) insert—

(8AA) However, the statement may not be used against that person by virtue of paragraph (b) of subsection (8) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.

Companies Act 1989 (c. 40)

21

In section 83 (powers exercisable for purposes of assisting an overseas regulatory authority), after subsection (6) (use of statements made under the section) insert—

(6A) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (6B) Subsection (6A) applies to any offence other than— (a) an offence under section 85; (b) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); (c) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); 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).

Companies (Northern Ireland) Order 1989 (N.I.18)

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Insolvency (Northern Ireland) Order 1989 (N.I.19)

23

• (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; (c) 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; or (d) an offence under Article 3, 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath or made otherwise than on oath). (4) Regulations under paragraph (3)(b)(ii) shall after being made be laid before the Assembly.

Friendly Societies Act 1992 (c. 40)

24

In section 67 of the Friendly Societies Act 1992 (supplementary provisions about inspections carried out at the behest of the Friendly Societies Commission), after subsection (5) (use of statements made under the section) insert—

(5A) However, in criminal proceedings in which that person is charged with an offence to which this subsection 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. (5B) Subsection (5A) above applies to any offence other than— (a) an offence under section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath); (b) an offence under section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); 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).

Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

25

After subsection (5) of section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995 (use of statements made in response to requirements imposed by a nominated officer) insert—

(5A) However, the statement may not be used against that person by virtue of paragraph (b) of subsection (5) unless evidence relating to it is adduced, or a question relating to it is asked, by or on behalf of that person in the proceedings arising out of the prosecution.

Proceeds of Crime (Northern Ireland) Order 1996 (N.I.9)

26

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

.

SCHEDULE 4

Criminal Evidence Act 1898 (c. 36)

1

• (1) Section 1 of the Criminal Evidence Act 1898 (competence of accused as witness for the defence) is amended as follows.

• (2) Omit the words from the beginning to “Provided as follows:—”.

• (3) In paragraph (a) of the proviso—

• (a) for “so charged” substitute “ charged in criminal proceedings ”; and

• (b) for “in pursuance of this Act” substitute “ in the proceedings ”.

• (4) In paragraph (e) of the proviso—

• (a) for “and being a witness in pursuance of this Act” substitute “ in criminal proceedings who is called as a witness in the proceedings ”; and

• (b) for “the offence charged” substitute “ any offence with which he is charged in the proceedings ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In paragraph (g) of the proviso, for “called as a witness in pursuance of this Act” substitute “ charged in criminal proceedings who is called as a witness in the proceedings ”.

• (7) Paragraphs (a), (e), (f) and (g) of the proviso shall be respectively numbered as subsections (1), (2), (3) and (4) of the section.

Children and Young Persons Act 1933 (c. 12)

2

• (1) The Children and Young Persons Act 1933 has effect subject to the following amendments.

• (2) In section 37(1) (power to clear court, where child or young person giving evidence, of persons other than bona fide representatives of newspapers or news agencies), for “newspaper or news agency” substitute “ news gathering or reporting organisation ”.

• (3) In section 47(2)(c) (bona fide representatives of newspapers or news agencies entitled to be present at sitting of youth court), for “newspapers or news agencies” substitute “ news gathering or reporting organisations ”.

Children and Young Persons Act 1963 (c. 37)

3

In section 57(3) of the Children and Young Persons Act 1963 (which provides for sections 39 and 49 of the Children and Young Persons Act 1933 to extend to Scotland), for “sections 39 and 49”, in both places, substitute “ section 39 ”.

Criminal Appeal Act 1968 (c. 19)

4

• (1) The Criminal Appeal Act 1968 has effect subject to the following amendments.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 31(1)(b) (power to give directions exercisable by single judge), for “section 4(4) of the Sexual Offences (Amendment) Act 1976” substitute “ section 3(4) of the Sexual Offences (Amendment) Act 1992 ”.

Children and Young Persons Act 1969 (c. 54)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rehabilitation of Offenders Act 1974 (c. 53)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrates' Courts Act 1980 (c. 43)

7

The Magistrates’ Courts Act 1980 has effect subject to the following amendments.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

In section 126 (execution of warrants in Channel Islands and Isle of Man under section 13 of the Indictable Offences Act 1848), after paragraph (e) insert

and (f) warrants of arrest issued under paragraph 3(2) of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (offender referred to court by youth offender panel).

Criminal Justice Act 1982 (c. 48)

10

In section 72(1) of the Criminal Justice Act 1982 (accused to give evidence on oath), after “if he gives evidence, he shall do so” insert “ (subject to sections 55 and 56 of the Youth Justice and Criminal Evidence Act 1999) ”.

Mental Health Act 1983 (c. 20)

11

In section 37(8) of the Mental Health Act 1983 (combining hospital and guardianship orders with other orders), for the words from “shall not” to “which the court” substitute

shall not— (a) pass sentence of imprisonment or impose a fine or make a probation order in respect of the offence, (b) if the order under this section is a hospital order, make a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) in respect of the offence, or (c) make in respect of the offender any such order as is mentioned in section 7(7)(b) of the Children and Young Persons Act 1969 or section 58 of the Criminal Justice Act 1991, but the court may make any other order which it

.

Police and Criminal Evidence Act 1984 (c. 33)

12

The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.

13

• (1) Section 80 (competence and compellability of accused’s spouse) is amended as follows.

• (2) Omit subsections (1) and (8).

• (3) For subsections (2) to (4) substitute—

(2) In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person. (2A) In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable— (a) to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or (b) to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings. (3) In relation to the wife or husband of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if— (a) it involves an assault on, or injury or a threat of injury to, the wife or husband or a person who was at the material time under the age of 16; (b) it is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or (c) it consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b) above. (4) No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings. (4A) References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).

• (4) In subsection (5), omit “competent and” and, in the side-note, omit “Competence and”.

14

After section 80 insert—

(80A) The failure of the wife or husband of a person charged in any proceedings to give evidence in the proceedings shall not be made the subject of any comment by the prosecution.

Criminal Justice Act 1988 (c. 33)

15

The Criminal Justice Act 1988 has effect subject to the following amendments.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

In section 34(3) (unsworn evidence may corroborate other evidence), for “section 52 of the Criminal Justice Act 1991” substitute “ section 56 of the Youth Justice and Criminal Evidence Act 1999 ”.

Companies (Northern Ireland) Order 1989 (N.I.18)

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency (Northern Ireland) Order 1989 (N.I.19)

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) ”.

Criminal Justice Act 1991 (c. 53)

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Public Order Act 1994 (c. 33)

21

The Criminal Justice and Public Order Act 1994 has effect subject to the following amendments.

22

• (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 ”.

23

In section 136 (cross-border execution of arrest warrants), after subsection (7) insert—

(7A) This section applies as respects a warrant issued under paragraph 3(2) of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (warrant for arrest of offender referred back to court by youth offender panel) as it applies to a warrant issued in England or Wales for the arrest of a person charged with an offence.

24

In Schedule 11 (repeals), the entry relating to section 57(4) of the Children and Young Persons Act 1969 shall be treated as, and as always having been, an entry relating to section 57(4) of the Children and Young Persons Act 1963.

Crime and Disorder Act 1998 (c. 37)

25

The Crime and Disorder Act 1998 has effect subject to the following amendments.

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

In section 38(4) (definition of “youth justice services”), after paragraph (j) there shall be inserted—

(k) the implementation of referral orders within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999.

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

Children and Young Persons Act 1969 (c. 54)

1

The Children and Young Persons Act 1969 has effect subject to the following amendments.

2

In section 12A (requirements that may be included in supervision orders), at the end add—

(14) In this section “make reparation” means make reparation for the offence otherwise than by the payment of compensation.

3

• (1) Section 15 (variation and discharge of supervision orders) is amended as follows.

• (2) In subsection (3)(b) (magistrates’ powers of re-sentence on breach of supervision order), for “relevant court” substitute “ magistrates’ court ”.

• (3) After subsection (8) insert—

(8A) Where a supervision order has been made on appeal, for the purposes of subsection (3) above it shall be deemed— (a) if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court; (b) if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court; and, in relation to a supervision order made on appeal, subsection (3)(b) above shall have effect as if the words “if the order had not been made” were omitted and subsection (5) above shall have effect as if the words “if it had not made the order” were omitted.

4

• (1) Section 16 (provisions supplementary to section 15) is amended as follows.

• (2) In subsection (3A), for “(3C)” substitute “ (4A) ”.

• (3) Omit subsections (3B) and (3C).

• (4) In subsection (4), at the beginning insert “ Subject to subsection (4A) of this section, ”.

• (5) After subsection (4) insert—

(4A) Where a supervised person has attained the age of eighteen at the time when he is brought before a justice under subsection (3) of this section, or has attained that age at a time when (apart from this subsection) a youth court could exercise its powers under subsection (4) of this section in respect of him, he shall not be remanded to local authority accommodation but may instead be remanded— (a) to a remand centre, if the justice or youth court has been notified that such a centre is available for the reception of persons under this subsection; or (b) to a prison, if the justice or youth court has not been so notified. (4B) A court or justice remanding a person to local authority accommodation under this section shall designate, as the authority who are to receive him, the authority named in the supervision order.

Crime and Disorder Act 1998 (c. 37)

5

The Crime and Disorder Act 1998 has effect subject to the following amendments.

6

• (1) Section 74 (duties and powers of court in relation to detention and training orders) is amended as follows.

• (2) For subsection (2) substitute—

(2) Subject to subsections (3) and (4A) below, a court making a detention and training order may order that its term shall commence on the expiration of the term of any other detention and training order made by that or any other court.

• (3) After subsection (4) insert—

(4A) A court making a detention and training order shall not order that its term shall commence on the expiration of the term of a detention and training order under which the period of supervision has already begun (under section 76(1) below). (4B) Where a detention and training order (“the new order”) is made in respect of an offender who is subject to a detention and training order under which the period of supervision has begun (“the old order”), the old order shall be disregarded in determining— (a) for the purposes of subsection (3) above whether the effect of the new order would be that the offender would be subject to detention and training orders for a term which exceeds 24 months; and (b) for the purposes of subsection (4) above whether the term of the detention and training orders to which the offender would (apart from that subsection) be subject exceeds 24 months.

• (4) After subsection (5) insert—