House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Consideration of Bill: 13 March 2013
989

Crime and Courts Bill [Lords] continued

SECOND DAY

REMAINING NEW CLAUSES AND NEW SCHEDULES STANDING IN THE NAME OF A

MINISTER OF THE CROWN

Varying designations of authorities responsible for remanded young persons

Secretary Theresa May

NC4

To move the following Clause:—

‘(1)
Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

(where child remanded to youth detention accommodation, court must designate

local authority to look after child and meet costs) is amended as follows.

(2)
In subsection (7)(a) (authority that already looks after child to be designated) after

“being looked after by a local authority” insert “otherwise than by virtue of

section 104(1)”.

(3)
In subsection (7)(b) (in other cases, court must designate authority for area where

child habitually resides or offence committed) for “, the local authority”

substitute “but subject to subsection (7B), a local authority”.

(4)
After subsection (7) insert—

“(7A)
In a case to which subsection (7)(b) applies, the court is to designate a

local authority in whose area it appears to the court that the child

habitually resides (a “home authority”) except where the court—

(a)
considers as respects the home authority, or each home authority,

that it is inappropriate to designate that authority, or

(b)
is unable to identify any place in England and Wales where the

child habitually resides.

(7B)
If in a case to which subsection (7)(b) applies—

(a)
the court is not required by subsection (7A) to designate a home

authority, but

(b)
it appears to the court that the offence was not, or none of the

offences was, committed in England and Wales,


the court is to designate a local authority which it considers appropriate

in the circumstances of the case.”

(5)
After subsection (7B) insert—

“(7C)
Where a child has been remanded to youth detention accommodation, the

court—

(a)
which remanded the child, or

(b)
to which the child was remanded,


may designate a local authority (“B”) as the designated authority for the

child in substitution for the authority previously designated (whether that

previous designation was made when the child was remanded or under

this subsection).

(7D)
Where a child has at any one time been subject to two or more remands

to youth detention accommodation, a court which has jurisdiction to

make a replacement designation under subsection (7C) in connection

with one or some of the remands also has jurisdiction to make such a

replacement designation in connection with each of the other remands.

Consideration of Bill: 13 March 2013
990

Crime and Courts Bill [Lords] continued

(7E)
Where a replacement designation is made under subsection (7C) after the

end of the period of remand concerned, the substitution of B for the

previously-designated authority has effect only for the purposes of

regulations under section 103.

(7F)
Where a replacement designation is made under subsection (7C) during

the period of remand concerned, the substitution of B for the previously-

designated authority—

(a)
has effect, as respects the part of that period ending with the

making of the replacement designation, only for the purposes of

regulations under section 103, and

(b)
has effect, as respects the remainder of that period, for all of the

purposes listed in subsection (6).

(7G)
A court may make a replacement designation under subsection (7C) only

if it considers that, had everything it knows been known by the court

which made the previous designation, that court would have designated

B instead.

(7H)
Where a replacement designation is made under subsection (7C) in

relation to a remand, the previously-designated authority is to be repaid

any sums it paid in respect of the remand pursuant to regulations under

section 103.

(7J)
A court which has jurisdiction to make a replacement direction under

subsection (7C) may exercise that jurisdiction on an application by a

local authority or of its own motion.”

(6)
A replacement designation under the new section 102(7C) may be made in

respect of a remand ordered before this section comes into force, and the

amendments made by this section have effect for the purpose of making a

replacement designation in any such case; but, in such a case, the substitution of

B for the previously-designated authority (and any entitlement to repayment

under new section 102(7H)) does not have effect as respects any time before this

section comes into force.

(7)
Except as provided by subsection (6), the amendments made by this section have

effect only in relation to remands ordered after this section comes into force.’.

Supreme Court chief executive, officers and staff

Secretary Theresa May

NC5

To move the following Clause:—

‘(1)
For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the

Supreme Court to be appointed by Lord Chancellor after consulting President of

the Court) substitute—

“(2)
It is for the President of the Court to appoint the chief executive.”

(2)
Section 49 of that Act (officers and staff of the Supreme Court) is amended as

follows.

(3)
In subsection (2) (number of officers and staff, and their terms, are for the chief

executive but subject to the provision in subsection (3) about application of civil

service pension arrangements)—

Consideration of Bill: 13 March 2013
991

Crime and Courts Bill [Lords] continued

(a)
for “these matters with the agreement of the Lord Chancellor—”

substitute “the following matters—”, and

(b)
for “subsection” substitute “subsections (2A) and”.

(4)
After subsection (2) insert—

“(2A)
Service as the chief executive of the Court, and service as an officer or

staff appointed under subsection (1), is service in the civil service of the

State.”

(5)
In subsection (3) (civil service pension arrangements apply to chief executive,

officers and staff) for “The” at the beginning substitute “Accordingly, the”.’.

Making and use of recordings of Supreme Court proceedings

Secretary Theresa May

NC6

To move the following Clause:—

‘(1)
Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is

amended as follows.

(2)
After subsection (1) insert—

“(1A)
In the case of a recording of Supreme Court proceedings, subsection

(1)(b) does not apply to its publication or disposal with the leave of the

Court.”

(3)
In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions,

withdrawal and amendment)—

(a)
after “paragraph (a) of subsection (1)” insert “, or under subsection

(1A),”,

(b)
for “if granted may” substitute “if granted—

(a)
may, in the case of leave under subsection (1)(a),”, and

(c)
after “leave; and” insert—

“(b)
may, in the case of leave under subsection (1A), be

granted subject to such conditions as the Supreme Court

thinks proper with respect to publication or disposal of

any recording to which the leave relates;


and”.

(4)
In subsection (1) (activities which are contempt of court) after paragraph (c)

insert—

“(d)
to publish or dispose of any recording in contravention of any

conditions of leave granted under subsection (1A).”’.

Consideration of Bill: 13 March 2013
992

Crime and Courts Bill [Lords] continued

Restraint orders and legal aid

Secretary Theresa May

NC15

To move the following Clause:—

‘(1)
Section 41 of the Proceeds of Crime Act 2002 (confiscation in England and

Wales: restraint orders) is amended in accordance with subsections (2) to (6).

(2)
After subsection (2) insert—

“(2A)
A restraint order must be made subject to an exception enabling relevant

legal aid payments to be made (a legal aid exception).

(2B)
A relevant legal aid payment is a payment that the specified person is

obliged to make—

(a)
by regulations under section 23 or 24 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2012, and

(b)
in connection with services provided in relation to an offence

which falls within subsection (5),


whether the obligation to make the payment arises before or after the

restraint order is made.”

(3)
In subsection (3)—

(a)
after “subject to” insert “other”, and

(b)
omit paragraph (c).

(4)
In subsection (4), for “But an exception to a restraint order” substitute “But where

an exception to a restraint order is made under subsection (3), it”.

(5)
After subsection (5) insert—

“(5A)
A legal aid exception—

(a)
must be made subject to prescribed restrictions (if any) on—

(i)
the circumstances in which payments may be made in

reliance on the exception, or

(ii)
the amount of the payments that may be made in reliance

on the exception,

(b)
must be made subject to other prescribed conditions (if any), and

(c)
may be made subject to other conditions.

(5B)
Any other exception to a restraint order may be made subject to

conditions.”

(6)
After subsection (9) insert—

“(10)
In this section “prescribed” means prescribed by regulations made by the

Secretary of State.”

(7)
In section 459 of that Act (orders and regulations)—

(a)
in subsection (4)(a), after “section” insert “41(5A),”, and

(b)
in subsection (6)(a), after “section” insert “41(5A),”.’.

Consideration of Bill: 13 March 2013
993

Crime and Courts Bill [Lords] continued

Restraint orders and legal aid: supplementary

Secretary Theresa May

NC16

To move the following Clause:—

‘(1)
The Secretary of State may by regulations—

(a)
make provision about the making of relevant legal aid payments out of

property that is the subject of a restraint order under Part 2 of the

Proceeds of Crime Act 2002 (“the 2002 Act”), and

(b)
make provision in connection with cases in which such payments are or

may be made out of such property,


whether by modifying the operation of Part 2 of the 2002 Act or Chapter 1, 2 or

4 of Part 8 of that Act or otherwise.

(2)
The provision that may be made by regulations under this section includes—

(a)
provision about how much property may be subject to a restraint order,

including provision made by reference to the amount or estimated

amount of relevant legal aid payments;

(b)
provision for a restraint order or other order under Part 2 of the 2002 Act

to remain in force, where a relevant legal aid payment remains unpaid, in

circumstances in which the order would otherwise have to be discharged;

(c)
provision about powers of investigation for the purpose of identifying

property that may be used to make relevant legal aid payments, including

powers exercisable where an order continues in force in accordance with

provision described in paragraph (b);

(d)
provision about the use of property in cases in which there is or has been

a restraint order, including provision about the order in which different

obligations to make payments may or must be satisfied in such cases;

(e)
provision about powers of entry, search and seizure;

(f)
provision about the payment of compensation by the Lord Chancellor;

(g)
provision about the disclosure and use of documents, information and

other evidence.

(3)
The provision that may be made by regulations under this section (whether by

virtue of this section or section 43(12)) includes—

(a)
provision conferring, removing or otherwise modifying a function;

(b)
provision amending, repealing, revoking or otherwise modifying

provision made by or under any enactment (including provision inserted

or amended by this Act).

(4)
In this section—

“function” means a function of any description, including a power or duty

(whether conferred by an enactment or arising otherwise);

“property” has the same meaning as in Part 2 of the 2002 Act;

“relevant legal aid payment” means—

(g)
a payment that is a relevant legal aid payment for the purposes of

section 41 of the 2002 Act, and

(h)
a payment that would be such a payment if a restraint order were

made.

(5)
In subsection (2)(a) and (c) the references to relevant legal aid payments include

any payment that is likely to be a relevant legal aid payment when the obligation

to make the payment arises.’.

Consideration of Bill: 13 March 2013
994

Crime and Courts Bill [Lords] continued

REMAINING NEW CLAUSE RELATING TO EXRADITION (INCLUDING EUROPEAN ARREST

WARRANTS)

European arrest warrant

Mr David Hanson

Stella Creasy

Yvette Cooper

Phil Wilson

NC1

To move the following Clause:—

‘(1)
The NCA shall be the lead agency for the efficient and effective use of the

European arrest warrant as it relates to serious organised crime affecting the UK.

(2)
The Director General of the NCA must be consulted by the Secretary of State on

any decision by Her Majesty’s Government regarding policy changes with regard

to the European arrest warrant.

(3)
An impact assessment on opt-out from the European arrest warrant must be made

and published prior to any decision on opt-out being taken with particular regard

to—

(a)
national security,

(b)
public safety, and

(c)
Britain’s international reputation for leadership on cross-border security

matters.’.

AMENDMENTS TO CLAUSE 35, SCHEDULE 19, CLAUSES 20 TO 22, CLAUSES 24 TO 30,

CLAUSE 32 AND SCHEDULE 16

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.

Consideration of Bill: 13 March 2013
995

Crime and Courts Bill [Lords] continued

      (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.’.

Secretary Theresa May

111

Page  303,  line  36  [Schedule  19],  leave out ‘an’ and insert ‘the most’.

Secretary Theresa May

112

Page  303,  line  42  [Schedule  19],  at end insert—

‘(da)
any delay that might result from proceeding in one jurisdiction rather

than another;’.

Secretary Theresa May

113

Page  306,  line  1  [Schedule  19],  at beginning insert ‘In England and Wales, and

Northern Ireland,’.

Secretary Theresa May

114

Page  306,  line  6  [Schedule  19],  at end insert—

‘( )
In Scotland, for the purpose of determining any questioning of a relevant

certification decision, the High Court must apply the procedures and principles

that would be applied by it on an application for judicial review.’.

Mr Dominic Raab

Keith Vaz

Sir Edward Garnier

Caroline Lucas

Nick de Bois

Ms Gisela Stuart

Total signatories: 23

92

Page  307,  line  30  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 311

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



© Parliamentary copyright	Revised 13 March 2013