House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Consideration of Bill: 18 March 2013
1077

Crime and Courts Bill-[Lords], continued

“(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),”.’.

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,

Consideration of Bill: 18 March 2013
1078

Crime and Courts Bill-[Lords], continued


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—

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

section 41 of the 2002 Act, and

(b)
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.’.

Amendments to Clause 22, Clauses 24 to 30, Clause 32 and Schedule 16

Paul Murphy

Paul Goggins

Jenny Chapman

Mark Durkan

1

Page  21,  line  22  [Clause  24],  at end insert—

‘(6A)
In fixing such an amount, and subsequent additions, account must be taken of the

person’s relevant weekly income, excluding housing benefit and child related

Consideration of Bill: 18 March 2013
1079

Crime and Courts Bill-[Lords], continued

benefits, and allowance must be made for the protection of a reasonable financial

subsistence level, in the manner used to determine the initial fine.’.

John McDonnell

Mr Elfyn Llwyd

Mark Durkan

103

Page  21,  line  25  [Clause  24],  leave out subsection (2).

John McDonnell

Mr Elfyn Llwyd

Mark Durkan

96

Page  22,  line  3  [Clause  24],  at end insert—

‘(5A)
The Lord Chancellor must, by regulation, in statutory instrument of which a draft

has been laid before and approved by resolution of each House of Parliament,

provide the amount of any costs for services carried out for the purposes of

collecting sums.’.

John McDonnell

Mr Elfyn Llwyd

Mark Durkan

97

Page  23,  line  11  [Clause  25],  leave out ‘person’ and insert ‘civil servant’.

John McDonnell

Mr Elfyn Llwyd

Mark Durkan

98

Page  24,  line  1  [Clause  25],  leave out paragraph (3).

Secretary Theresa May

60

Page  31,  line  39  [Clause  28],  at end insert—

‘(5A)
The preceding provisions of this section do not apply in relation to Supreme Court

proceedings.’.

Consideration of Bill: 18 March 2013
1080

Crime and Courts Bill-[Lords], continued

New Clauses and New Schedules relating to Protection of Children or to

Vulnerable Witnesses

New offence of child maltreatment

Mr Robert Buckland

Meg Munn

Mr George Howarth

Paul Goggins

Paul Maynard

Geraint Davies

Total signatories: 28

NC9

To move the following Clause:—

‘Section 1 of the Children and Young Persons Act 1933 (cruelty to persons under

16) is hereby repealed and replaced as follows—

“1
Child maltreatment

(1)
It is an offence for a person who has attained the age of 16 years with

responsibility for a child intentionally or recklessly to subject that child

or allow that child to be subjected to maltreatment, whether by act or

omission, such that the child suffers, or is likely to suffer, significant

harm.

(2)
For the purposes of this section—

(a)
“recklessly” shall mean that a person with responsibility for a

child foresaw a risk that an act or omission regarding that child

would be likely to result in significant harm, but nonetheless

unreasonably took that risk;

(b)
“responsibility” shall be as defined in section 17;

(c)
“maltreatment” includes—

(i)
neglect (including abandonment);

(ii)
physical abuse;

(iii)
sexual abuse;

(iv)
exploitation; and

(v)
emotional abuse;

(d)
“harm” means the impairment of—

(i)
physical or mental health; or

(ii)
physical, intellectual, emotional, social or behavioural

development.

(3)
Where the question of whether harm suffered by a child is significant

turns on the child’s health or development, that child’s health or

development shall be compared with that which could reasonably be

expected of a similar child.”.’.

Consideration of Bill: 18 March 2013
1081

Crime and Courts Bill-[Lords], continued

Provision of intermediaries for very vulnerable witnesses

Ann Coffey

Nicola Blackwood

Fiona Mactaggart

Meg Munn

Paul Goggins

Mr Robert Buckland

Total signatories: 57

Mr Gordon Marsden

Grahame M. Morris

Andrew Miller

Bill Esterson

Jim Dowd

Kate Green

Gavin Shuker

Joan Walley

Stephen Williams

Mr Russell Brown

Mr Bob Ainsworth

Mr David Crausby

Lillian Greenwood

Stephen Pound

Mr Andrew Smith

Shabana Mahmood

NC12

To move the following Clause:—

‘(1)
The Secretary of State must provide for intermediaries to be assigned to very

vulnerable witnesses in all court cases.

(2)
In the Youth Justice and Criminal Evidence Act 1999, after section 29 there is

inserted:

“29A
Intermediaries for very vulnerable witnesses

(1)
A special measures direction must be made to provide for any

examination of a very vulnerable witness (however and wherever

conducted to be conducted through an interpreter or other person

approved by the court for the purposes of this section (“an

intermediary”).

(2)
In addition to the functions set out in subsection 29(2), an intermediary

must be assigned to very a vulnerable witness through their whole

experience before, during and after court.

(3)
For the purposes of this section, “very vulnerable witness” has the same

meaning as defined in section [Court arrangements for very vulnerable

witnesses] (5) of the Crime and Courts Act 2013.”.’.

Consideration of Bill: 18 March 2013
1082

Crime and Courts Bill-[Lords], continued

Court arrangements for very vulnerable witnesses

Nicola Blackwood

Ann Coffey

Mr Robert Buckland

Kris Hopkins

Steve Baker

Jane Ellison

Total signatories: 110

Bill Esterson

Jim Dowd

Kate Green

Gavin Shuker

Joan Walley

Mr Stephen Williams

Mr Russell Brown

Mr Bob Ainsworth

Mr David Crausby

Lillian Greenwood

Stephen Pound

Mr Andrew Smith

Shabana Mahmood

Mr Gordon Marsden

Grahame M. Morris

Andrew Miller

Mary MacLeod

Dame Angela Watkinson

James Duddridge

Bill Wiggin

Charlotte Leslie

Glyn Davies

NC14

To move the following Clause:—

‘(1)
The Secretary of State must make arrangements for specialist courts for very

vulnerable witnesses.

(2)
A specialist court for very vulnerable witnesses will consist of a partnership

programme within the criminal court structure.

(3)
In establishing the specialist court, the Secretary of State must involve the

following partners—

(a)
the judiciary;

(b)
court officials;

(c)
the Crown Prosecution Service;

(d)
police forces;

(e)
witness support services;

(f)
victim support services; and

(g)
any other speciailist services that the Secretary of State deems

appropriate.

(4)
In cases where there is a very vulnerable witness—

(a)
no judge can sit on the case unless he has taken part in appropriate

training provided by the Judicial College;

(b)
a single court usher, who has taken part in appropriate training provided

by Her Majesty’s Courts and Tribunal Service, must be assigned to the

witness throughout their time at court;

(c)
the case will be assigned to a court with all necessary facilities to offer

the full range of special measures set out in sections (23) to (30) of the

Youth Justice and Criminal Evidence Act 1999;

(d)
before allocating time for trials the court must take into account the

impact of delays on very vulnerable witnesses; and

(e)
the services of independent sexual violence advisors must be offered to

very vulnerable witnesses in cases involving sexual offences.

(5)
The Secretary of State must issue a code of practice giving guidance about court

arrangements for very vulnerable witnesses, which must be published, and may

be revised from time to time.

(6)
Before issuing or revising a code under subsection (3), the Secretary of State must

lay a copy before each House of Parliament for approval within a 40 day period.

Consideration of Bill: 18 March 2013
1083

Crime and Courts Bill-[Lords], continued

(7)
For the purposes of this section—

“very vulnerable witness” includes the victim in a case of child sexual

abuse.

“independent sexual violence advisers” are victims-focused advocates who

work with victims of recent and historic serious sexual crimes to enable

them to access the services they need in the aftermath of the abuse they

have experienced.’.

Remaining New Clauses and New Schedules

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



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