Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 12 — Gang-related injunctions: further amendments
212

Schedule 12
Section 17

Gang-related injunctions: further amendments
1
Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-
related violence) is amended as follows.
2
After section 46A insert—
5
Appeals
“46B
Appeals against decisions of youth courts
(1)
An appeal lies to the Crown Court against a decision of a youth court
made under this Part.
(2)
On an appeal under this section the Crown Court may make—
10
(a)
whatever orders are necessary to give effect to its
determination of the appeal;
(b)
whatever incidental or consequential orders appear to it to be
just.
(3)
An order of the Crown Court made on an appeal under this section
15
(other than one directing that an application be re-heard by a youth
court) is to be treated for the purposes of section 42 as an order of a
youth court.”
3
In section 48 (rules of court in relation to injunctions under Part 4)—
(a)
in subsection (2) (rules of court may provide for appeal without
20
notice) omit “of the High Court or county court”, and
(b)
in subsection (3) (decisions to which subsection (2) applies) for
“applies to a decision” substitute “applies—
(a)
to a decision under section 39(4)(a) that an application
without notice be dismissed, and
25
(b)
to a decision”.
4
In section 49(1) (interpretation of Part 4) after the definition of “court”
insert—
““judge”, in relation to a youth court, means a person qualified
to sit as a member of that court;”.
30
5
In paragraph 1(2) of Schedule 5 (courts’ powers to remand person suspected
of breaching injunction: meaning of “the court”)—
(a)
for “High Court or” substitute “High Court,”,
(b)
before “and includes” insert “or a youth court”,
(c)
omit the “and” following paragraph (a), and
35
(d)
at the end of paragraph (b) insert “, and
(c)
in relation to a youth court, a judge of that court.”
6
Schedule 5A (breach of injunction: powers of court in respect of under-18s)
is amended as follows.
7     (1)
Paragraph 1 (power to make supervision order or detention order) is
40
amended as follows.

Crime and Courts Bill [HL]
Schedule 12 — Gang-related injunctions: further amendments
213

      (2)
In sub-paragraph (1) (pre-conditions for making of supervision order or
detention order)—
(a)
in paragraph (a) for “is” substitute “has been”,
(b)
before the “and” after paragraph (a) insert—
“(aa)
the person is still under the age of 18,”,
5
(c)
in paragraph (b) for “the court” substitute “a youth court”, and
(d)
in the words following paragraph (b) for “the court” substitute “that
court”.
      (3)
Omit sub-paragraph (3) (power to grant supervision order or detention
order is in addition to any other power of the court in relation to breach of
10
injunction).
      (4)
In sub-paragraph (9) (interpretation of Schedule 5A) omit the definition of
“appropriate court”.
8
In paragraph 4(11) (appropriate court may amend activity requirement in
supervision order) for “the appropriate” substitute “a youth”.
15
9
In paragraph 5(5) (appropriate court may amend curfew requirement in
supervision order) for “the appropriate” substitute “a youth”.
10
In paragraph 6(7) (appropriate court may amend electronic monitoring
requirement in supervision order) for “the appropriate” substitute “a
youth”.
20
11
In paragraph 8 (amendment of operative period of supervision order)—
(a)
in sub-paragraph (1) (appropriate court may amend operative
period) for “The appropriate” substitute “A youth”, and
(b)
in sub-paragraph (2) (court may make other amendments when
amending operative period) for “The court may,” substitute “A
25
youth court may,”.
12
In paragraph 9(1) (change of area of residence of person subject to
supervision order) for “the appropriate” substitute “a youth”.
13
In paragraph 10(1) and (4) (application for revocation of supervision order
to be made to appropriate court, and any further such application requires
30
that court’s consent) for “the appropriate” substitute “a youth”.
14
In paragraph 12 (non-compliance with supervision order)—
(a)
in sub-paragraph (2) (injunction applicant may apply to appropriate
court on being informed of non-compliance) for “the appropriate”
substitute “a youth”,
35
(b)
omit sub-paragraph (5) (no power to make further order if defaulter
is aged 18 or over), and
(c)
omit sub-paragraph (6) (powers to revoke supervision order etc are
in addition to any other powers of court in relation to breach of
supervision order).
40
15
In paragraph 15(1) and (4) (application for revocation of detention order to
be made to appropriate court, and any further such application requires that
court’s consent) for “the appropriate” substitute “a youth”.

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
214

Schedule 13
Section 18

Judicial appointments
Part 1
Judges of the Supreme Court: number and selection
Introductory
5
1
The Constitutional Reform Act 2005 is amended as follows.
Number of judges to become maximum full-time equivalent number
2     (1)
Section 23 (establishment of the Supreme Court) is amended as follows.
      (2)
In subsection (2) (Supreme Court consists of 12 judges)—
(a)
for “12 judges appointed” substitute “the persons appointed as its
10
judges”, and
(b)
after “by letters patent” insert “, but no appointment may cause the
full-time equivalent number of judges of the Court at any time to be
more than 12”.
      (3)
In subsection (3) (power to increase number of members of the Court) before
15
“number” insert “maximum full-time equivalent”.
      (4)
In subsection (7) (Court is duly constituted despite vacancy in membership
or presiding offices) omit “among the judges of the Court or”.
      (5)
After that subsection insert—
“(8)
For the purposes of this section, the full-time equivalent number of
20
judges of the Court is to be calculated by taking the number of full-
time judges and adding, for each judge who is not a full-time judge,
such fraction as is reasonable.”
3     (1)
Section 26 (selection of members of the Supreme Court) is amended as
follows.
25
      (2)
In subsection (5) (Lord Chancellor to convene selection commission to fill
any vacancy among the members, or in the presiding offices, of the Court)
for “one of the offices mentioned in subsection (1),” substitute “the office of
President of the Court or in the office of Deputy President of the Court,”.
      (3)
After subsection (5) insert—
30
“(5A)
If—
(a)
the full-time equivalent number of judges of the Court is less
than the maximum specified in section 23(2), or it appears to
the Lord Chancellor that the full-time equivalent number of
judges of the Court will soon be less than that maximum, and
35
(b)
the Lord Chancellor, or the senior judge of the Court, after
consulting the other considers it desirable that a
recommendation be made for an appointment to the office of
judge of the Court,

the Lord Chancellor must convene a selection commission for the
40
selection of a person to be recommended.

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
215

(5B)
In subsection (5A)(b) “the senior judge of the Court” means—
(a)
the President of the Court, or
(b)
if there is no President, the Deputy President, or
(c)
if there is no President and no Deputy President, the senior
ordinary judge.”
5
Selection of persons to be recommended for appointment to the Court
4     (1)
In section 27 (selection process) after subsection (1) insert—
“(1A)
The commission must have an odd number of members not less than
five.
(1B)
The members of the commission must include—
10
(a)
at least one who is non-legally-qualified,
(b)
at least one judge of the Court,
(c)
at least one member of the Judicial Appointments
Commission,
(d)
at least one member of the Judicial Appointments Board for
15
Scotland, and
(e)
at least one member of the Northern Ireland Judicial
Appointments Commission,

and more than one of the requirements may be met by the same
person’s membership of the commission.
20
(1C)
If the commission is convened for the selection of a person to be
recommended for appointment as President of the Court—
(a)
its members may not include the President of the Court, and
(b)
it is to be chaired by one of its non-legally-qualified members.
(1D)
If the commission is convened for the selection of a person to be
25
recommended for appointment as Deputy President of the Court, its
members may not include the Deputy President of the Court.”
      (2)
At the end of that section insert—
“(11)
For the purposes of this section a person is non-legally-qualified if
the person—
30
(a)
does not hold, and has never held, any of the offices listed in
Schedule 1 to the House of Commons Disqualification Act
1975 (judicial offices disqualifying for membership of the
House of Commons), and
(b)
is not practising or employed as a lawyer, and never has
35
practised or been employed as a lawyer.”
5
After section 27 insert—
“27A
Regulations about selection process
(1)
The Lord Chancellor must by regulations made with the agreement
of the senior judge of the Supreme Court—
40
(a)
make further provision about membership of selection
commissions convened under section 26,
(b)
make further provision about the process that is to be applied
in any case where a selection commission is required to be
convened under section 26, and
45

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
216

(c)
secure that, in every such case, there will come a point in the
process when a selection has to be accepted, either
unconditionally or subject only to matters such as the
selected person’s willingness and availability, by or on behalf
of the Lord Chancellor.
5
(2)
The regulations may in particular—
(a)
provide for process additional to the selection process
applied by a selection commission under section 27(1),
including post-acceptance process;
(b)
make provision as to things that are, or as to things that are
10
not, to be done by a selection commission—
(i)
as part of the selection process applied by it under
section 27(1), or
(ii)
in determining what that process is to be;
(c)
provide for the Lord Chancellor to be entitled to require a
15
selection commission to reconsider a selection under section
27(1) or any subsequent selection;
(d)
provide for the Lord Chancellor to be entitled to reject a
selection under section 27(1) or any subsequent selection;
(e)
give other functions to the Lord Chancellor;
20
(f)
provide for particular action to be taken by a selection
commission after it has complied with section 27;
(g)
provide for the dissolution of a selection commission;
(h)
provide for section 16(2)(a) or (b) not to apply in relation to
functions of the Lord Chief Justice—
25
(i)
as a member of a selection commission (including
functions of chairing a selection commission), or
(ii)
in relation to the nomination or appointment of
members of a selection commission;
(i)
provide for a person to cease to be a member of a selection
30
commission where a requirement about the commission’s
members ceases to be met by the person’s membership of the
commission;
(j)
provide for a person to become a member of a selection
commission already convened where another person ceases
35
to be a member of the commission or where a requirement
about the commission’s members ceases to be met by another
person’s membership of the commission;
(k)
provide for payment to a member of a selection commission
of amounts by way of allowances or expenses;
40
(l)
make provision as to what amounts to practice or
employment as a lawyer for the purposes of section 27(11)(b).
(3)
Before making regulations under this section the Lord Chancellor
must consult—
(a)
the First Minister in Scotland,
45
(b)
the Northern Ireland Judicial Appointments Commission,
(c)
the First Minister for Wales,
(d)
the Lord President of the Court of Session,
(e)
the Lord Chief Justice of Northern Ireland, and
(f)
the Lord Chief Justice of England and Wales.
50

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
217

(4)
Regulations under this section—
(a)
may make different provision for different purposes;
(b)
may make transitory, transitional or saving provision.
(5)
In this section “the senior judge”, in relation to the Court, has the
meaning given by section 26(5B).”
5
Lord Chancellor’s guidance about selection process: procedure
6
After that section 27A insert—
“27B
Selection guidance: supplementary
(1)
Before issuing any selection guidance the Lord Chancellor must—
(a)
consult the senior judge of the Supreme Court;
10
(b)
after doing so, lay a draft of the proposed guidance before
each House of Parliament.
(2)
If the draft is approved by a resolution of each House of Parliament
within the 40-day period the Lord Chancellor must issue the
guidance in the form of the draft.
15
(3)
In any other case the Lord Chancellor must take no further steps in
relation to the proposed guidance.
(4)
Subsection (3) does not prevent a new draft of the proposed
guidance from being laid before each House of Parliament after
consultation with the senior judge of the Court.
20
(5)
Selection guidance comes into force on such date as the Lord
Chancellor may appoint by order.
(6)
Where selection guidance is in force, the Lord Chancellor may
revoke the guidance only by—
(a)
new selection guidance issued in accordance with the
25
previous provisions of this section, or
(b)
an order made after consulting the senior judge of the Court.
(7)
In this section—
“40-day period” in relation to the draft of any proposed
selection guidance means—
30
(a)
if the draft is laid before one House on a day later than
the day on which it is laid before the other House, the
period of 40 days beginning with the later day, and
(b)
in any other case, the period of 40 days beginning
with the day on which the draft is laid before each
35
House,
no account being taken of any period during which
Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than 4 days;
“the senior judge”, in relation to the Court, has the meaning
40
given by section 26(5B);
“selection guidance” means guidance mentioned in section
27(9).”

Crime and Courts Bill [HL]
Schedule 13 — Judicial appointments
Part 1 — Judges of the Supreme Court: number and selection
218

Consequential amendments, repeals and revocations
7     (1)
Omit—
(a)
section 27(2) and (3) and Parts 1 and 2 of Schedule 8 (selection
commissions), and
(b)
sections 28 to 31 and 60(5) (detailed provision about selection
5
process).
      (2)
In section 26(3)(a) (person whose name is notified under section 29 must be
recommended for appointment) for “whose name is notified to him under
section 29” substitute “who is selected as a result of the convening of a
selection commission under this section”.
10
      (3)
For section 26(4) (person recommended for appointment as President or
Deputy President must also be recommended for appointment as a judge if
not already a judge of the Court) substitute—
“(4)
Where a person who is not a judge of the Court is recommended for
appointment as President or Deputy President, the recommendation
15
must also recommend the person for appointment as a judge.”
      (4)
For section 26(7) (cases where duty to convene a selection commission is
suspended) substitute—
“(7)
Subsections (5) and (5A) are subject to Schedule 8 (cases where duty
to convene a selection commission are suspended).
20
(7A)
For the purposes of this section and Schedule 8, a person is selected
as a result of the convening of a selection commission if the person’s
selection is the final outcome of—
(a)
the selection process mentioned in section 27(1) being
applied by the commission, and
25
(b)
any process provided for by regulations under section 27A
being applied in the particular case.”
      (5)
In section 26(8) (application of sections 27 to 31) for “Sections 27 to 31 apply”
substitute “Section 27 applies”.
      (6)
In section 27(1)(a) (selection commission to determine selection process to be
30
applied) after “applied” insert “by it”.
      (7)
In section 27(4) (section 27(5) to (10) apply to selections under section 27 or
31) for “section 31” substitute “regulations under section 27A”.
      (8)
In section 139(2)(a) (if confidential information is obtained for purposes of
sections 26 to 31 it is not to be disclosed without lawful authority) for “to 31”
35
substitute “and 27 and regulations under section 27A”.
      (9)
In section 144(5) (subordinate legislation which may not be made unless a
draft has been laid before and approved by a resolution of each House of
Parliament) before paragraph (a) insert—
“(za)
regulations under section 27A;”
40
     (10)
In section 144(6) (certain orders are not subject to parliamentary procedure))
after “an order under section” insert “27B(5),”.
     (11)
In paragraph 13(2) of Schedule 8 (end of suspension of duty to convene
selection commission for office of Deputy President) for “the Lord