House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Notices of Amendments: 11 March 2013
942

Crime and Courts Bill-[Lords], continued

Commission selected by the lay members of the Commission other

than the chairman.

(5)
The second member is the most senior England and Wales Supreme

Court judge who is neither disqualified nor incapacitated, or that

judge’s nominee.

(6)
The third member is a lay member of the Commission designated by

the first member.

(7)
The fourth member is a member of the Commission designated by the

first member.

(8)
The fifth member is a person designated by the Lord Chief Justice,

unless subsection (10) applies.

(9)
Subsection (10) applies if—

(a)
there is no Lord Chief Justice, or

(b)
the Lord Chief Justice is incapacitated.

(10)
In those cases the most senior England and Wales Supreme Court

judge who is neither disqualified nor incapacitated must, after

consulting the first member, designate a person as the fifth member.

(11)
Only the following may be a nominee under subsection (5) or

designated under subsection (8) or (10)—

(a)
an England and Wales Supreme Court judge,

(b)
a Head of Division, or

(c)
an ordinary judge of the Court of Appeal in England and

Wales.

(12)
A person may not be a nominee under subsection (5), or be designated

under this section, if the person is disqualified.

(13)
Before designating a person under subsection (7) as the fourth

member, the first member must, if practicable, consult the Lord Chief

Justice.

(14)
The first member is the chairman of the panel.

(15)
A person is disqualified for the purposes of this section if—

(a)
the person is the Lord Chief Justice,

(b)
the office of Lord Chief Justice is vacant and the person is the

immediate previous holder of that office, or

(c)
the person is willing to be considered for selection.

71A
Selection panel for appointment of Head of Division

(1)
This section applies where the request relates to a recommendation for

an appointment to one of the following offices—

(a)
Master of the Rolls;

(b)
President of the Queen’s Bench Division;

(c)
President of the Family Division;

(d)
Chancellor of the High Court.

(2)
The selection panel must consist of five members.

(3)
The first member is the Lord Chief Justice or the Lord Chief Justice’s

nominee, unless subsection (9) applies.

Notices of Amendments: 11 March 2013
943

Crime and Courts Bill-[Lords], continued

(4)
Unless subsection (9) applies, the second member is the most senior

England and Wales Supreme Court judge who is neither disqualified

nor incapacitated, or that judge’s nominee.

(5)
The third member is the chairman of the Commission or the

chairman’s nominee, unless subsection (11) applies.

(6)
The fourth member is a lay member of the Commission designated by

the third member.

(7)
The fifth member is a person designated by the first member after

consulting the third member.

(8)
Subsection (9) applies if—

(a)
there is no Lord Chief Justice,

(b)
the Lord Chief Justice is disqualified, or

(c)
the Lord Chief Justice is incapacitated.

(9)
In those cases—

(a)
the most senior England and Wales Supreme Court judge who

is neither disqualified nor incapacitated, or that judge’s

nominee, is the first member, and

(b)
the second member is a person designated by the first

member.

(10)
Subsection (11) applies if—

(a)
there is no chairman of the Commision, or

(b)
the chairman of the Commission is incapacitated.

(11)
In those cases the third member of the Commission is a lay member of

the Commission selected by the lay members of the Commission other

than the chairman.

(12)
Only the following may be a nominee under subsection (3), (4) or

(9)(a) or designated under subsection (9)(b)—

(a)
an England and Wales Supreme Court judge,

(b)
a Head of Division, or

(c)
an ordinary judge of the Court of Appeal in England and

Wales.

(13)
Only a lay member of the Commission may be a nominee under

subsection (5).

(14)
Only the following may be designated under subsection (7)—

(a)
an England and Wales Supreme Court judge,

(b)
a senior judge (as defined by section 109(5)),

(c)
the holder of an office listed in Schedule 14, or

(d)
a member of the Commission.

(15)
A person may not be a nominee under this section, or be designated

under this section, if the person is disqualified.

(16)
The first member is the chairman of the panel.

(17)
A person is disqualified for the purposes of this section if—

(a)
the person is the current holder of the office for which a

selection is to be made, or

Notices of Amendments: 11 March 2013
944

Crime and Courts Bill-[Lords], continued

(b)
the person is willing to be considered for selection.

71B
Sections 71 and 71A: diversity and interpretation

(1)
Subsection (2) applies where a person chooses a person to be a

member of a selection panel under section 71 or 71A (whether as a

nominee, as a designated member or otherwise).

(2)
The person making the choice must, in doing so, have regard

(alongside all other relevant considerations) to the fact that it is

desirable that the members of the panel should include—

(a)
both women and men, and

(b)
members drawn from a range of different racial groups;


and in this subsection “racial group” has the same meaning as in

section 9 of the Equality Act 2010.

(3)
Section 16 does not apply to functions of the Lord Chief Justice under

section 71 or 71A; and references in sections 71 and 71A to a person

being incapacitated are to the person being incapacitated in the

opinion of the Lord Chancellor.

(4)
Seniority amongst the judges of the Supreme Court who are England

and Wales Supreme Court judges is to be determined for the purposes

of sections 71 and 71A as follows—

(a)
the President of the Supreme Court, if an England and Wales

Supreme Court judge, is senior to all other England and Wales

Supreme Court judges;

(b)
the Deputy President of the Supreme Court, if an England and

Wales Supreme Court judge, is senior to all ordinary England

and Wales Supreme Court judges;

(c)
one ordinary England and Wales Supreme Court judge is

senior to another if that first judge has served longer as a judge

of the Supreme Court (whether over one or more periods and

whether or not including one or more previous periods as

President or Deputy President of the Court).

(5)
In subsection (4) “ordinary England and Wales Supreme Court judge”

means an England and Wales Supreme Court judge who is neither the

President of the Court nor the Deputy President.

(6)
Service as a Lord of Appeal in Ordinary counts as service as a judge

of the Supreme Court for the purposes of subsection (4)(c).

(7)
In sections 71 and 71A and this section “England and Wales Supreme

Court judge” means a judge of the Supreme Court who has held high

judicial office in England and Wales before appointment to the Court.”

      (4)
In paragraph 11(3) of Schedule 12 (functions of the chairman of the Judicial

Appointments Commission which, in the chairman’s absence, are not

exercisable by the vice-chairman) after paragraph (b) insert—

“(ba)
section 71A;”.

      (5)
An amendment made by this paragraph does not have effect in relation to a

request under section 69 of the Constitutional Reform Act 2005 received by the

Judicial Appointments Commission before the amendment comes into force.’.

Notices of Amendments: 11 March 2013
945

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

59

Page  261,  line  3  [Schedule  14],  leave out paragraph 4.

Mr Elfyn Llwyd

105


Page  267,  line  21  [Schedule  15],  leave out ‘exceptional’.

Mr Elfyn Llwyd

106


Page  267,  line  15  [Schedule  15],  at end insert—

‘(a)
have regard for the need to promote rehabilitation.’.

Mr Elfyn Llwyd

107


Page  267,  line  15  [Schedule  15],  leave out ‘must’ and insert ‘may’.

Mr Elfyn Llwyd

108


Page  267,  line  20  [Schedule  15],  at end insert—

‘(d)
a punishment requirement may include—

(i)
an accredited programme,

(ii)
a drug requirement,

(iii)
a curfew,

(iv)
attending centre,

(v)
mental health requirement,

(vi)
specified activity,

(vii)
prohibitive activity,

(viii)
unpaid work, or

(ix)
exclusion.’.

Secretary Theresa May

110


Page  268,  line  24  [Schedule  15],  at end insert—

‘(5A)
In a case where there is such a restorative justice requirement, a person

running the activity concerned must in doing that have regard to any

guidance that is issued, with a view to encouraging good practice in

connection with such an activity, by the Secretary of State.’.

Notices of Amendments: 11 March 2013
946

Crime and Courts Bill-[Lords], continued

Paul Goggins

Jenny Chapman

101

Page  268,  line  30  [Schedule  15],  at end insert—

‘8
The Secretary of State shall provide an annual report to Parliament on progress

in the development and delivery of restorative justice in the criminal justice

system.’.

Mr Elfyn Llwyd

109


Page  272,  line  39  [Schedule  15],  at end insert—

‘22A (1)
Schedule 8 to the Criminal Justice Act 2003 is amended as follows.

      (2)
In paragraph 9(1) (powers of magistrates’ court) after paragraph (a) insert—

“(aa)
by restating the requirements with which the offender must

comply and warning the offender of the consequences if he

fails on a further occasion to comply with any of the

requirements of the order;”.

      (3)
In paragraph 9(6) after “(a),” insert “(aa),”.

      (4)
In paragraph 10(1) (powers of Crown Court) after paragraph (a) insert—

“(aa)
by restating the requirements with which the offender must

comply and warning the offender of the consequences if he

fails on a further occasion to comply with any of the

requirements of the order;”.’.

Jenny Chapman

Mr David Hanson

Stella Creasy

Pat Glass

Helen Goodman

Lisa Nandy

Total signatories: 9

Fiona Mactaggart

Kate Green

Paul Goggins

99

Page  277,  line  5  [Schedule  15],  at end insert—

‘Part 7A

Female Offenders

      (1)
That contracts made by the Secretary of State for the supervision of offenders

shall require the provider to make appropriate provision for the delivery of

services to female offenders.

      (2)
Appropriate provision under sub-paragraph (1) shall include provision to

participate in programmes designed to change offending behaviour with the

particular circumstances of women in mind.

      (3)
That the Secretary of State shall in each year—

Notices of Amendments: 11 March 2013
947

Crime and Courts Bill-[Lords], continued

(a)
publish a strategy for the delivery of appropriate and effective services

for female offenders in the criminal justice system;

(b)
report to Parliament on progress made in the delivery of appropriate

and effective services to female offenders.’.

Jenny Chapman

David Hanson

Stella Creasy

104

Page  278,  line  13  [Schedule  15],  at end add—

‘Part 9

Reorganisation of the National Probation Service

    (1)
The Offender Management Act 2007 is amended as follows.

      (2)
After section 15 insert—

“15A
Power to reorganise the National Probation Service

      (1)
Any plans to reorganise the Probation Service for England and

Wales must be instituted by regulations.

      (2)
Regulations under subsection (1) shall be subject to the affirmative

resolution procedure of each House of Parliament.”.’.

Secretary Theresa May

65

Page  290,  line  5  [Schedule  17],  after ‘authority’ insert ‘in relation to England and

Wales or Scotland’.

Secretary Theresa May

66

Page  290,  line  8  [Schedule  17],  leave out ‘and Northern Ireland’.

Secretary Theresa May

67

Page  290,  line  29  [Schedule  17],  after ‘order’ insert ‘made by the High Court in

England and Wales’.

Notices of Amendments: 11 March 2013
948

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

68

Page  290,  line  35  [Schedule  17],  leave out ‘or’ and insert ‘made by the High Court

in England and Wales or an’.

Secretary Theresa May

69

Page  291,  line  8  [Schedule  17],  leave out ‘or’ and insert ‘made by the High Court

in England and Wales or an’.

Secretary Theresa May

70

Page  291,  line  17  [Schedule  17],  after ‘High Court’ insert ‘in England and Wales’.

Secretary Theresa May

71

Page  292,  line  40  [Schedule  17],  after ‘order’ insert ‘made by the High Court in

England and Wales or the Court of Session’.

Mr Dominic Raab

Keith Vaz

Sir Edward Garnier

Caroline Lucas

Nick de Bois

Ms Gisela Stuart

Total signatories: 23

91

Page  303,  line  25  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 307

and insert ‘decides that a substantial measure of D’s relevant activity was performed in

the United Kingdom unless, having regard to the interests of justice, the judge decides that

the extradition should take place.

      (3)
Matters relevant to the interests of justice include but are not limited to—

(a)
the extent and place where most of the loss or harm resulting from the

extradition offence occurred or was intended to occur;

(b)
the interests of any victims of the extradition offence;

(c)
the availability of evidence necessary for a fair trial in the United

Kingdom and in jurisdictions outside the United Kingdom;

(d)
the desirability and practicability of all prosecutions relating to the

extradition offence taking place in one jurisdiction; and

(e)
D’s nationality, place of habitual residence and other connections with

the United Kingdom.

      (4)
In this section “D’s relevant activity” means activity which is material to the

commission of the extradition offence and which is alleged to have been

performed by D.’.



© Parliamentary copyright	Revised 12 March 2013