UK Laws - Legal Portal
 
Navigation
News

Youth Justice and Criminal Evidence Act 1999 (c. 23)

(The document as of February, 2008)

-- Back--

Page 1

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

Youth Justice and Criminal Evidence Act 1999

1999 CHAPTER 23

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Referrals to youth offender panels

    1. Referral orders

      1. 1. Referral of young offenders to youth offender panels.

      2. 2. The referral conditions.

      3. 3. Making of referral orders: general.

      4. 4. Making of referral orders: effect on court's other sentencing powers.

      5. 5. Making of referral orders: attendance of parents etc.

    2. Youth offender panels

      1. 6. Establishment of panels.

      2. 7. Attendance at panel meetings.

    3. Youth offender contracts

      1. 8. First meeting: agreement of contract with offender.

      2. 9. First meeting: duration of contract.

      3. 10. First meeting: failure to agree contract.

      4. 11. Progress meetings.

      5. 12. Final meeting.

    4. Further court proceedings

      1. 13. Offender referred back to court or convicted while subject to referral order.

    5. Supplementary

      1. 14. Functions of youth offending teams.

      2. 15. Interpretation of Part I.

  2. Part II

    Giving of evidence or information for purposes of criminal proceedings

    1. Chapter I

      Special measures directions in case of vulnerable and intimidated witnesses

      1. Preliminary

        1. 16. Witnesses eligible for assistance on grounds of age or incapacity.

        2. 17. Witnesses eligible for assistance on grounds of fear or distress about testifying.

        3. 18. Special measures available to eligible witnesses.

      2. Special measures directions

        1. 19. Special measures direction relating to eligible witness.

        2. 20. Further provisions about directions: general.

        3. 21. Special provisions relating to child witnesses.

        4. 22. Extension of provisions of section 21 to certain witnesses over 17.

      3. Special measures

        1. 23. Screening witness from accused.

        2. 24. Evidence by live link.

        3. 25. Evidence given in private.

        4. 26. Removal of wigs and gowns.

        5. 27. Video recorded evidence in chief.

        6. 28. Video recorded cross-examination or re-examination.

        7. 29. Examination of witness through intermediary.

        8. 30. Aids to communication.

      4. Supplementary

        1. 31. Status of evidence given under Chapter I.

        2. 32. Warning to jury.

        3. 33. Interpretation etc. of Chapter I.

    2. Chapter II

      Protection of witnesses from cross-examination by accused in person

      1. General prohibitions

        1. 34. Complainants in proceedings for sexual offences.

        2. 35. Child complainants and other child witnesses.

      2. Prohibition imposed by court

        1. 36. Direction prohibiting accused from cross-examining particular witness.

        2. 37. Further provisions about directions under section 36.

      3. Cross-examination on behalf of accused

        1. 38. Defence representation for purposes of cross-examination.

        2. 39. Warning to jury.

        3. 40. Funding of defence representation.

    3. Chapter III

      Protection of complainants in proceedings for sexual offences

      1. 41. Restriction on evidence or questions about complainant's sexual history.

      2. 42. Interpretation and application of section 41.

      3. 43. Procedure on applications under section 41.

    4. Chapter IV

      Reporting restrictions

      1. Reports relating to persons under 18

        1. 44. Restrictions on reporting alleged offences involving persons under 18.

        2. 45. Power to restrict reporting of criminal proceedings involving persons under 18.

      2. Reports relating to adult witnesses

        1. 46. Power to restrict reports about certain adult witnesses in criminal proceedings.

      3. Reports relating to directions under Chapter I or II

        1. 47. Restrictions on reporting directions under Chapter I or II.

      4. Other restrictions

        1. 48. Amendments relating to other reporting restrictions.

      5. Offences

        1. 49. Offences under Chapter IV.

        2. 50. Defences.

        3. 51. Offences committed by bodies corporate or Scottish partnerships.

      6. Supplementary

        1. 52. Decisions as to public interest for purposes of Chapter IV.

    5. Chapter V

      Competence of witnesses and capacity to be sworn

      1. Competence of witnesses

        1. 53. Competence of witnesses to give evidence.

        2. 54. Determining competence of witnesses.

      2. Giving of sworn or unsworn evidence

        1. 55. Determining whether witness to be sworn.

        2. 56. Reception of unsworn evidence.

        3. 57. Penalty for giving false unsworn evidence.

    6. Chapter VI

      Restrictions on use of evidence

      1. Additional restrictions

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

        2. 59. Restriction on use of answers etc. obtained under compulsion.

      2. Removal of restriction

        1. 60. Removal of restriction on use of evidence from computer records.

    7. Chapter VII

      General

      1. 61. Application of Part II to service courts.

      2. 62. Meaning of "sexual offence" and other references to offences.

      3. 63. General interpretation etc. of Part II.

  3. Part III

    Final provisions

    1. 64. Regulations and orders.

    2. 65. General supplementary provisions.

    3. 66. Corresponding provisions for Northern Ireland.

    4. 67. Minor, consequential and pre-consolidation amendments, repeals and transitional provisions.

    5. 68. Short title, commencement and extent.

  4. Schedules:

    1. Schedule 1

      Youth offender panels: further court proceedings.

      1. Part I

        Referral back to appropriate court.

      2. Part II

        Further convictions during referral.

    2. Schedule 2

      Reporting restrictions: miscellaneous amendments.

    3. Schedule 3

      Restriction on use of answers etc. obtained under compulsion.

    4. Schedule 4

      Minor and consequential amendments.

    5. Schedule 5

      Youth justice: pre-consolidation amendments.

    6. Schedule 6

      Repeals.

    7. Schedule 7

      Transitional provisions and savings.

An Act to provide for the referral of offenders under 18 to youth offender panels; to make provision in connection with the giving of evidence or information for the purposes of criminal proceedings; to amend section 51 of the Criminal Justice and Public Order Act 1994; to make pre-consolidation amendments relating to youth justice; and for connected purposes.

[27th July 1999]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Referrals to youth offender panels

Referral orders

1 Referral of young offenders to youth offender panels

(1) This section applies where a youth court or other magistrates' court is dealing with a person under the age of 18 for an offence and--

(a) neither the offence nor any associated offence is one for which the sentence is fixed by law;

(b) the court is not, in respect of the offence or any associated offence, proposing to impose a custodial sentence on the offender or make a hospital order in his case; and

(c) the court is not proposing to discharge him absolutely in respect of the offence.

(2) If--

(a) the compulsory referral conditions are satisfied in accordance with section 2, and

(b) referral is available to the court,

the court shall sentence the offender for the offence by ordering him to be referred to a youth offender panel.

(3) If--

(a) the discretionary referral conditions are satisfied in accordance with section 2, and

(b) referral is available to the court,

the court may sentence the offender for the offence by ordering him to be referred to a youth offender panel.

(4) For the purposes of this section referral is available to a court if--

(a) the court has been notified by the Secretary of State that arrangements for the implementation of referral orders are available in the area in which it appears to the court that the offender resides or will reside; and

(b) the notice has not been withdrawn.

(5) In this Part "referral order" means an order under subsection (2) or (3).

2 The referral conditions

(1) For the purposes of section 1(2) the compulsory referral conditions are satisfied in relation to an offence if the offender--

(a) pleaded guilty to the offence and to any associated offence;

(b) has never been convicted by or before a court in the United Kingdom of any offence other than the offence and any associated offence; and

(c) has never been bound over in criminal proceedings in England and Wales or Northern Ireland to keep the peace or to be of good behaviour.

(2) For the purposes of section 1(3) the discretionary referral conditions are satisfied in relation to an offence if--

(a) the offender is being dealt with by the court for the offence and one or more associated offences;

(b) although he pleaded guilty to at least one of the offences mentioned in paragraph (a), he also pleaded not guilty to at least one of them;

(c) he has never been convicted by or before a court in the United Kingdom of any offence other than the offences mentioned in paragraph (a); and

(d) he has never been bound over in criminal proceedings in England and Wales or Northern Ireland to keep the peace or to be of good behaviour.

(3) The Secretary of State may by regulations make such amendments of this section as he considers appropriate for altering in any way the descriptions of offenders in the case of which the compulsory referral conditions or the discretionary referral conditions fall to be satisfied for the purposes of section 1(2) or (3) (as the case may be).

(4) Any description of offender having effect for those purposes by virtue of such regulations may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following--

(a) the offender's age;

(b) how the offender has pleaded;

(c) the offence (or offences) of which the offender has been convicted;

(d) the offender's previous convictions (if any);

(e) how (if at all) the offender has been previously punished or otherwise dealt with by any court; and

(f) any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).

(5) For the purposes of this section an offender who has been convicted of an offence in respect of which he was conditionally discharged (whether by a court in England and Wales or in Northern Ireland) shall be treated, despite--

(a) section 1C(1) of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (conviction of offence for which offender so discharged deemed not a conviction), or

(b) Article 6(1) of the [S.I. 1996/3160 (N.I. 24).] Criminal Justice (Northern Ireland) Order 1996 (corresponding provision for Northern Ireland),

as having been convicted of that offence.

3 Making of referral orders: general

(1) A referral order shall--

(a) specify the youth offending team responsible for implementing the order;

(b) require the offender to attend each of the meetings of a youth offender panel to be established by the team for the offender; and

(c) specify the period for which any youth offender contract taking effect between the offender and the panel under section 8 is to have effect (which must not be less than 3 nor more than 12 months).

(2) The youth offending team specified under subsection (1)(a) shall be the team having the function of implementing referral orders in the area in which it appears to the court that the offender resides or will reside.

(3) On making a referral order the court shall explain to the offender in ordinary language--

(a) the effect of the order; and

(b) the consequences which may follow--

(i) if no youth offender contract takes effect between the offender and the panel under section 8, or

(ii) if the offender breaches any of the terms of any such contract.

(4) Subsections (5) to (7) apply where, in dealing with an offender for two or more associated offences, a court makes a referral order in respect of each, or each of two or more, of the offences.

(5) The orders shall have the effect of referring the offender to a single youth offender panel; and the provision made by them under subsection (1) shall accordingly be the same in each case, except that the periods specified under subsection (1)(c) may be different.

(6) The court may direct that the period so specified in either or any of the orders is to run concurrently with or be additional to that specified in the other or any of the others; but in exercising its power under this subsection the court must ensure that the total period for which such a contract as is mentioned in subsection (1)(c) is to have effect does not exceed 12 months.

(7) Each of the orders mentioned in subsection (4) shall, for the purposes of this Part, be treated as associated with the other or each of the others.

4 Making of referral orders: effect on court's other sentencing powers

(1) Subsections (2) to (5) apply where a court makes a referral order in respect of an offence.

(2) The court may not deal with the offender for the offence in any of the prohibited ways.

(3) The court--

(a) shall, in respect of any associated offence, either sentence the offender by making a referral order or make an order discharging him absolutely; and

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

(4) For the purposes of subsections (2) and (3) the prohibited ways are--

(a) imposing a community sentence (within the meaning of Part I of the [1991 c. 53.] Criminal Justice Act 1991) on the offender;

(b) ordering him to pay a fine;

(c) making a reparation order under section 67 of the [1998 c. 37.] Crime and Disorder Act 1998 in respect of him; and

(d) making an order discharging him conditionally.

(5) The court may not make, in connection with the conviction of the offender for the offence or any associated offence--

(a) an order binding him over to keep the peace or to be of good behaviour;

(b) an order under section 58 of the Criminal Justice Act 1991 (binding over of parent or guardian); or

(c) a parenting order under section 8 of the Crime and Disorder Act 1998.

(6) Subsections (2), (3) and (5) do not affect the exercise of any power to deal with the offender conferred by paragraph 5 (offender referred back to court by panel) or paragraph 14 (powers of a court where offender convicted while subject to referral) of Schedule 1.

(7) Where section 1(2) above requires a court to make a referral order, the court may not under section 1 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 defer passing sentence on him, but section 1(2) and subsection (3)(a) above do not affect any power or duty of a magistrates' court under--

(a) section 56 of the [1933 c. 12.] Children and Young Persons Act 1933 (remission to youth court, or another such court, for sentence),

(b) section 7(8) of the [1969 c. 54.] Children and Young Persons Act 1969 (remission to youth court for sentence),

(c) section 10(3) of the [1980 c. 43.] Magistrates' Courts Act 1980 (adjournment for inquiries),

(d) section 37 of that Act (committal to Crown Court for sentence), or

(e) section 35, 38, 43 or 44 of the [1983 c. 20.] Mental Health Act 1983 (remand for reports, interim hospital orders and committal to Crown Court for restriction order).

5 Making of referral orders: attendance of parents etc

(1) A court making a referral order may make an order requiring--

(a) the appropriate person, or

(b) in a case where there are two or more appropriate persons, any one or more of them,

to attend the meetings of the youth offender panel.

(2) Where an offender is under the age of 16 when a court makes a referral order in his case--

(a) the court shall exercise its power under subsection (1) so as to require at least one appropriate person to attend meetings of the youth offender panel; and

(b) if the offender falls within subsection (6), the person or persons so required to attend those meetings shall be or include a representative of the local authority mentioned in that subsection.

(3) The court shall not under this section make an order requiring a person to attend meetings of the youth offender panel--

(a) if the court is satisfied that it would be unreasonable to do so, or

(b) to an extent which the court is satisfied would be unreasonable.

(4) Except where the offender falls within subsection (6), each person who is a parent or guardian of the offender is an "appropriate person" for the purposes of this section.

(5) Where the offender falls within subsection (6), each of the following is an "appropriate person" for the purposes of this section--

(a) a representative of the local authority mentioned in that subsection, and

(b) each person who is a parent or guardian of the offender with whom the offender is allowed to live.

(6) An offender falls within this subsection if he is (within the meaning of the [1989 c. 41.] Children Act 1989) a child who is looked after by a local authority.

(7) If, at the time when a court makes an order under this section--

(a) a person who is required by the order to attend meetings of a youth offender panel is not present in court, or

(b) a local authority whose representative is so required to attend such meetings is not represented in court,

the court must send him or (as the case may be) the authority a copy of the order forthwith.

(8) In this section "guardian" has the same meaning as in the [1993 c. 12.] Children and Young Persons Act 1933.



Youth offender panels

6 Establishment of panels

(1) Where a referral order has been made in respect of an offender (or two or more associated referral orders have been so made), it is the duty of the youth offending team specified in the order (or orders)--

(a) to establish a youth offender panel for the offender;

(b) to arrange for the first meeting of the panel to be held for the purposes of section 8; and

(c) subsequently to arrange for the holding of any further meetings of the panel required by virtue of section 10 (in addition to those required by virtue of any other provision of this Part).

(2) A youth offender panel shall--

(a) be constituted,

(b) conduct its proceedings, and

(c) discharge its functions under this Part (and in particular those arising under section 8),

in accordance with guidance given from time to time by the Secretary of State.

(3) At each of its meetings a panel shall, however, consist of at least--

(a) one member appointed by the youth offending team from among its members; and

(b) two members so appointed who are not members of the team.

(4) The Secretary of State may by regulations make provision requiring persons appointed as members of a youth offender panel to have such qualifications, or satisfy such other criteria, as are specified in the regulations.

(5) Where it appears to the court which made a referral order that, by reason of either a change or a prospective change in the offender's place or intended place of residence, the youth offending team for the time being specified in the order ("the current team") either does not or will not have the function of implementing referral orders in the area in which the offender resides or will reside, the court may vary the order so that it instead specifies the team which has the function of implementing such orders in that area ("the new team").

(6) Where a court so varies a referral order--

(a) subsection (1)(a) shall apply to the new team in any event;

(b) subsection (1)(b) shall apply to the new team if no youth offender contract has (or has under paragraph (c) below been treated as having) taken effect under section 8 between the offender and a youth offender panel established by the current team;

(c) if such a contract has (or has previously under this paragraph been treated as having) so taken effect, it shall (after the variation) be treated as if it were a contract which had taken effect under section 8 between the offender and the panel being established for the offender by the new team.

(7) References in this Part to the meetings of a youth offender panel (or any such meeting) are to the following meetings of the panel (or any of them)--

(a) the first meeting held in pursuance of subsection (1)(b);

(b) any further meetings held in pursuance of section 10;

(c) any progress meeting held under section 11; and

(d) the final meeting held under section 12.

7 Attendance at panel meetings

(1) The specified team shall, in the case of each meeting of the panel established for the offender, notify--

(a) the offender, and

(b) any person to whom an order under section 5 applies,

of the time and place at which he is required to attend that meeting.

(2) If the offender fails to attend any part of such a meeting the panel may--

(a) adjourn the meeting to such time and place as it may specify; or

(b) end the meeting and refer the offender back to the appropriate court;

and subsection (1) shall apply in relation to any such adjourned meeting.

(3) One person aged 18 or over chosen by the offender, with the agreement of the panel, shall be entitled to accompany the offender to any meeting of the panel (and it need not be the same person who accompanies him to every meeting).

(4) The panel may allow to attend any such meeting--

(a) any person who appears to the panel to be a victim of, or otherwise affected by, the offence, or any of the offences, in respect of which the offender was referred to the panel;

(b) any person who appears to the panel to be someone capable of having a good influence on the offender.

(5) Where the panel allows any such person as is mentioned in subsection (4)(a) ("the victim") to attend a meeting of the panel, the panel may allow the victim to be accompanied to the meeting by one person chosen by the victim with the agreement of the panel.



Youth offender contracts

<<<< >>>>

8 First meeting: agreement of contract with offender

(1) At the first meeting of the youth offender panel established for an offender the panel shall seek to reach agreement with the offender on a programme of behaviour the aim (or principal aim) of which is the prevention of re-offending by the offender.

(2) The terms of the programme may, in particular, include provision for any of the following--

(a) the offender to make financial or other reparation to any person who appears to the panel to be a victim of, or otherwise affected by, the offence, or any of the offences, for which the offender was referred to the panel;

(b) the offender to attend mediation sessions with any such victim or other person;

(c) the offender to carry out unpaid work or service in or for the community;

(d) the offender to be at home at times specified in or determined under the programme;

(e) attendance by the offender at a school or other educational establishment or at a place of work;

(f) the offender to participate in specified activities (such as those designed to address offending behaviour, those offering education or training or those assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs);

(g) the offender to present himself to specified persons at times and places specified in or determined under the programme;

(h) the offender to stay away from specified places or persons (or both);

(i) enabling the offender's compliance with the programme to be supervised and recorded.

(3) The programme may not, however, provide--

(a) for the electronic monitoring of the offender's whereabouts; or

(b) for the offender to have imposed on him any physical restriction on his movements.

(4) No term which provides for anything to be done to or with any such victim or other affected person as is mentioned in subsection (2)(a) may be included in the programme without the consent of that person.

(5) Where a programme is agreed between the offender and the panel, the panel shall cause a written record of the programme to be produced forthwith--

(a) in language capable of being readily understood by, or explained to, the offender, and

(b) for signature by him.

(6) Once the record has been signed--

(a) by the offender, and

(b) by a member of the panel on behalf of the panel,

the terms of the programme, as set out in the record, take effect as the terms of a "youth offender contract" between the offender and the panel; and the panel shall cause a copy of the record to be given or sent to the offender.

9 First meeting: duration of contract

(1) This section applies where a youth offender contract has taken effect under section 8 between an offender and a youth offender panel.

(2) The day on which the contract so takes effect shall be the first day of the period for which it has effect.

(3) Where the panel was established in pursuance of a single referral order, the length of the period for which the contract has effect shall be that of the period specified under section 3(1)(c) in the referral order.

(4) Where the panel was established in pursuance of two or more associated referral orders, the length of the period for which the contract has effect shall be that resulting from the court's directions under section 3(6).

(5) Subsections (3) and (4) have effect subject to--

(a) any order under paragraph 11 or 12 of Schedule 1 extending the length of the period for which the contract has effect; and

(b) subsection (6).

(6) If the referral order, or each of the associated referral orders, is revoked (whether under paragraph 5(2) of Schedule 1 or by virtue of paragraph 14(2) of that Schedule), the period for which the contract has effect expires at the time when the order or orders is or are revoked unless it has already expired.

10 First meeting: failure to agree contract

(1) Where it appears to a youth offender panel to be appropriate to do so, the panel may--

(a) end the first meeting (or any further meeting held in pursuance of paragraph (b)) without having reached agreement with the offender on a programme of behaviour of the kind mentioned in section 8(1), and

(b) resume consideration of the offender's case at a further meeting of the panel.

(2) If, however, it appears to the panel at the first meeting or any such further meeting that there is no prospect of agreement being reached with the offender within a reasonable period after the making of the referral order (or orders)--

(a) subsection (1)(b) shall not apply; and

(b) instead the panel shall refer the offender back to the appropriate court.

(3) If at a meeting of the panel--

(a) agreement is reached with the offender but he does not sign the record produced in pursuance of section 8(5), and

(b) his failure to do so appears to the panel to be unreasonable,

the panel shall end the meeting and refer the offender back to the appropriate court.

11 Progress meetings

(1) At any time--

(a) after a youth offender contract has taken effect under section 8, but

(b) before the end of the period for which the contract has effect,

the specified team shall, if so requested by the panel, arrange for the holding of a meeting of the panel under this section ("a progress meeting").

(2) The panel may make a request under subsection (1) if it appears to the panel to be expedient to review--

(a) the offender's progress in implementing the programme of behaviour contained in the contract, or

(b) any other matter arising in connection with the contract.

(3) The panel shall make such a request if--

(a) the offender has notified the panel that--

(i) he wishes to seek the panel's agreement to a variation in the terms of the contract, or

(ii) he wishes the panel to refer him back to the appropriate court with a view to the referral order (or orders) being revoked on account of a significant change in his circumstances (such as his being taken to live abroad) making compliance with any youth offender contract impractical; or

(b) it appears to the panel that the offender is in breach of any of the terms of the contract.

(4) At a progress meeting the panel shall do such one or more of the following things as it considers appropriate in the circumstances, namely--

(a) review the offender's progress or any such other matter as is mentioned in subsection (2);

(b) discuss with the offender any breach of the terms of the contract which it appears to the panel that he has committed;

(c) consider any variation in the terms of the contract sought by the offender or which it appears to the panel to be expedient to make in the light of any such review or discussion;

(d) consider whether to accede to any request by the offender that he be referred back to the appropriate court.

(5) Where the panel has discussed with the offender such a breach as is mentioned in subsection (4)(b)--

(a) the panel and the offender may agree that the offender is to continue to be required to comply with the contract (either in its original form or with any agreed variation in its terms) without being referred back to the appropriate court; or

(b) the panel may decide to end the meeting and refer the offender back to that court.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

-- Back--

<<<< >>>>

Stat




Search
Popular article
Advert