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

(The document as of February, 2008)

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(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;

(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 [1911 c. 6.] 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)

8 (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;

(d) an offence under section 44(2) of the [1995 c. 39.] 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)

9 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 [S.I. 1979/1714 (N.I. 19).] 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)

10 The Financial Services Act 1986 is amended as follows.

11 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 [1911 c. 6.] Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) an offence under Article 10 of the [S.I. 1979/1714 (N.I. 19).] 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)

13 The [S.I. 1986/1032.] Companies (Northern Ireland) Order 1986 is amended as follows.

14 In Article 427 (production of documents and evidence to inspectors conducting investigations into companies), after paragraph (5) (use of answers given to inspectors) insert--

" (5A) However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies--

(a) no evidence relating to the answer may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(5B) Paragraph (5A) applies to any offence other than an offence under Article 7 or 10 of the Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath). "

15 In Article 440 (production of company documents to Department), after paragraph (8) (use of statements made under the Article) insert--

" (8A) However, in criminal proceedings in which that person is charged with an offence to which this paragraph applies--

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(8B) Paragraph (8A) applies to any offence other than--

(a) an offence under paragraph (6) or Article 444; or

(b) an offence under Article 10 of the [S.I. 1979/1714 (N.I. 19).] Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath). "

Banking Act 1987 (c. 22)

16 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 [1911 c. 6.] Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of [1995 c. 39.] 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 [1911 c. 6.] Perjury Act 1911 (false statements made otherwise than on oath);

(c) an offence under section 44(2) of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); or

(d) an offence under Article 10 of the [S.I. 1979/1714 (N.I. 19).] 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 [1911 c. 6.] 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 [1995 c. 39.] 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 [S.I. 1979/1714 (N.I. 19).] 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)

22 (1) Article 23 of the [S.I. 1989/2404.] Companies (Northern Ireland) Order 1989 (admissibility in evidence of statements) is amended as follows.

(2) That Article is renumbered as paragraph (1) of that Article.

(3) After that paragraph insert--

" (2) However, in criminal proceedings in which any such person is charged with an offence to which this paragraph applies--

(a) no evidence relating to the statement may be adduced, and

(b) no question relating to it may be asked,

by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.

(3) Paragraph (2) applies to any offence other than--

(a) an offence which is--

(i) created by rules made for the purposes of this Order under the Insolvency Order, and

(ii) designated for the purposes of this paragraph by such rules or by regulations;

(b) 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

(c) an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statements made otherwise than on oath).

(4) Regulations under paragraph (3)(a)(ii) shall after being made be laid before the Assembly. "

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

23 (1) Article 375 of the [S.I. 1989/2405.] 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;

(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 [S.I. 1979/1714 (N.I. 19).] 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 [1911 c. 6.] 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 [1995 c. 39.] 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 [S.I. 1996/1299.] 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 " .

Section 67.

SCHEDULE 4 Minor and consequential amendments

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) In paragraph (f) of the proviso--

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

(b) for "that wherewith" substitute "one with which"; and

(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 [1933 c. 12.] 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) In section 10(2)(b) (appeal by offender who is further dealt with by the Crown Court), after "conditional discharge" insert ", a referral order within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999 (referral to youth offender panel)".

(3) In section 31(1)(b) (power to give directions exercisable by single judge), for "section 4(4) of the [1976 c. 82.] Sexual Offences (Amendment) Act 1976" substitute "section 3(4) of the [1992 c. 34.] Sexual Offences (Amendment) Act 1992".

Children and Young Persons Act 1969 (c. 54)

5 In section 7(8) of the [1969 c. 54.] Children and Young Persons Act 1969 (remission to youth court for sentence), for the words "unless the court" substitute " unless the case falls within subsection (8A) or (8B) of this section.

(8A) The case falls within this subsection if the court would, were it not to so remit the case, be required by section 1(2) of the Youth Justice and Criminal Evidence Act 1999 to refer him to a youth offender panel (in which event the court may, but need not, so remit the case).

(8B) The case falls within this subsection if the court would not be so required to refer him to such a panel in the event of its not so remitting the case and " .

Rehabilitation of Offenders Act 1974 (c. 53)

6 (1) Section 5 of the Rehabilitation of Offenders Act 1974 is amended as follows.

(2) In Table A in subsection (2), in the entry relating to fines or other sentences subject to rehabilitation under that Act, for ", (4A) to (8)" substitute "to (8)".

(3) After subsection (4A) insert--

" (4B) Where in respect of a conviction a referral order (within the meaning of Part I of the Youth Justice and Criminal Evidence Act 1999) is made in respect of the person convicted, the rehabilitation period applicable to the sentence shall be--

(a) if a youth offender contract takes effect under section 8 of that Act between him and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with section 9 of that Act) the contract ceases to have effect;

(b) if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which such a contract would (ignoring any order under paragraph 11 or 12 of Schedule 1 to that Act) have had effect had one so taken effect.

(4C) Where in respect of a conviction an order is made in respect of the person convicted under paragraph 11 or 12 of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (extension of period for which youth offender contract has effect), the rehabilitation period applicable to the sentence shall be--

(a) if a youth offender contract takes effect under section 8 of that Act between the offender and a youth offender panel, the period beginning with the date of conviction and ending on the date when (in accordance with section 9 of that Act) the contract ceases to have effect;

(b) if no such contract so takes effect, the period beginning with the date of conviction and having the same length as the period for which, in accordance with the order, such a contract would have had effect had one so taken effect. "

Magistrates' Courts Act 1980 (c. 43)

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

8 In section 125(4)(c) (warrants which constable may execute when not in his possession), after sub-paragraph (iv) insert " and

(v) paragraph 3(2) of Schedule 1 to the Youth Justice and Criminal Evidence Act 1999 (offender referred to court by youth offender panel). "

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 [1969 c. 54.] Children and Young Persons Act 1969 or section 58 of the [1991 c. 53.] 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.

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