|
|
| |
| |
|
| |
| REMAINING NEW CLAUSES AND NEW SCHEDULES STANDING IN THE NAME OF A |
|
| |
| | Varying designations of authorities responsible for remanded young persons |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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. |
|
|
|
| |
| |
|
| | (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- |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| |
| | |
| 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 |
|
| | |
| | “(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 |
|
| | |
| | (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)— |
|
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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; |
|
| | |
| | (4) | In subsection (1) (activities which are contempt of court) after paragraph (c) |
|
| | |
| | “(d) | to publish or dispose of any recording in contravention of any |
|
| | conditions of leave granted under subsection (1A).”’. |
|
| |
|
|
| |
| |
|
| | Restraint orders and legal aid |
|
| |
| | |
| 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 |
|
| | |
| | (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.” |
|
| | |
| | (a) | after “subject to” insert “other”, and |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (6) | After subsection (9) insert— |
|
| | “(10) | In this section “prescribed” means prescribed by regulations made by the |
|
| | |
| | (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),”.’. |
|
| |
|
|
| |
| |
|
| | Restraint orders and legal aid: supplementary |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | |
| | “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 |
|
| | |
| | (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.’. |
|
| |
|
|
| |
| |
|
| REMAINING NEW CLAUSE RELATING TO EXRADITION (INCLUDING EUROPEAN ARREST |
|
| |
| | |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
| | |
| | |
| | (c) | Britain’s international reputation for leadership on cross-border security |
|
| | |
| |
| AMENDMENTS TO CLAUSE 35, SCHEDULE 19, CLAUSES 20 TO 22, CLAUSES 24 TO 30, |
|
| CLAUSE 32 AND SCHEDULE 16 |
|
| |
| |
| |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
|
|
| |
| |
|
| | (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 |
|
| | |
| |
| | |
| Page 303, line 36 [Schedule 19], leave out ‘an’ and insert ‘the most’. |
|
| |
| | |
| Page 303, line 42 [Schedule 19], at end insert— |
|
| | ‘(da) | any delay that might result from proceeding in one jurisdiction rather |
|
| | |
| |
| |
| | |
| Page 306, line 1 [Schedule 19], at beginning insert ‘In England and Wales, and |
|
| |
| |
| | |
| 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.’. |
|
| |
| |
| |
| |
| |
| |
| |
| |
| | |
| 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 |
|
|