Crime and Courts Bill (HC Bill 137)

(b) for “his functions under subsection (4)” substitute “functions of the
Lord Chief Justice under this section”.

(5) In the title omit the words after “business”.

3 (1) In Table 2 of Part 2 of Schedule 14 to the Constitutional Reform Act 2005
5(Judicial Appointments Commission: offices to which appointment made by
Lord Chief Justice) before the first entry insert—

(2) If the provisions in Schedule 13 to this Act that split the table in Part 2 of
10Schedule 14 to the 2005 Act into two tables do not come into force before or
at the time when sub-paragraph (1) comes into force—

(a) sub-paragraph (1) has effect with the omission of “Table 2 of”, and

(b) paragraph 41 of Schedule 13 has effect—

(i) as if a reference to the office of deputy judge of the High
15Court were inserted at the beginning of the list in sub-
paragraph (4) of that paragraph, and

(ii) as if “second” were substituted for “first” in sub-paragraph
(5) of that paragraph.

(3) After section 94A of the 2005 Act (appointments not subject to section 85:
20courts) insert—

“94AA Appointments not subject to section 85: High Court deputy judge

(1) Where this section applies to an appointment, section 85 does not
apply.

(2) This section applies to the appointment of a person as a deputy judge
25of the High Court if it appears to the Lord Chief Justice, after
consulting the Lord Chancellor, that—

(a) there is an urgent need to take steps in order to facilitate the
disposal of particular business in the High Court or Crown
Court,

(b) 30it is expedient as a temporary measure to make the
appointment in order to facilitate the disposal of the business,
and

(c) there are no other reasonable steps that it is practicable to
take within the time available in order to facilitate the
35disposal of the business.

(3) An appointment to which this section applies is to be made—

(a) so as not to extend beyond the day on which the particular
business concerned is concluded, or

(b) so as not to extend beyond the later of—

(i) 40the day on which the business is concluded, or

(ii) the day expected when the appointment is made to be
the day on which the business is concluded.”

(4) In section 85(2A)(d) and (4) of the 2005 Act after “94A” insert “, 94AA”.

Part 2 Deployment of judges to the Crown Court

4 (1) Section 8 of the Senior Courts Act 1981 (persons by whom jurisdiction of the
Crown Court is exercisable) is amended as follows.

(2) 5In subsections (1)(b) and (3) after “Recorder,” insert “judge within
subsection (5),”.

(3) In subsection (1)(c) after “Recorder” insert “, judge within subsection (5)”.

(4) After subsection (4) insert—

“(5) A person is a judge within this subsection if the person—

(a) 10is the Senior President of Tribunals,

(b) is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,

(c) is a judge of the Upper Tribunal by virtue of appointment
15under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
and Enforcement Act 2007,

(d) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

(e) is a deputy judge of the Upper Tribunal (whether under
20paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(f) holds an office listed—

(i) in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
etc), or

(ii) 25in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),

(g) is a district judge (which, by virtue of section 8(1C) of the
County Courts Act 1984, here includes a deputy district judge
appointed under section 8 of that Act),

(h) 30is a deputy district judge appointed under section 102 of the
Senior Courts Act 1981,

(i) is a judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007,

(j) 35is a transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act), or

(k) is a member of a panel of Employment Judges established for
England and Wales or for Scotland.”

Part 3 40Deployment of judges to the magistrates’ courts

5 (1) Section 66 of the Courts Act 2003 (judges who have powers of justice of the
peace who is a District Judge (Magistrates’ Courts)) is amended as follows.

(2) In subsection (2) after paragraph (a) insert—

“(aa) Master of the Rolls;

(ab) ordinary judge of the Court of Appeal;

(ac) Senior President of Tribunals;”.

(3) In subsection (2) after paragraph (e) insert—

“(f) Chamber President, or Deputy Chamber President, of a
5chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal;

(g) judge of the Upper Tribunal by virtue of appointment under
paragraph 1(1) of Schedule 3 to the Tribunals, Courts and
Enforcement Act 2007;

(h) 10transferred-in judge of the Upper Tribunal (see section 31(2)
of that Act);

(i) deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

(j) office listed—

(i) 15in the first column of the table in section 89(3C) of the
Senior Courts Act 1981 (senior High Court Masters
etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc);

(k) 20district judge (which, by virtue of section 8(1C) of the County
Courts Act 1984, here includes deputy district judge
appointed under section 8 of that Act);

(l) deputy district judge appointed under section 102 of the
Senior Courts Act 1981;

(m) 25judge of the First-tier Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 2 to the Tribunals, Courts
and Enforcement Act 2007;

(n) transferred-in judge of the First-tier Tribunal (see section
31(2) of that Act);

(o) 30member of a panel of Employment Judges established for
England and Wales or for Scotland.”

(4) After subsection (6) insert—

“(7) This section does not give a person any powers that a District Judge
(Magistrates’ Courts) may have to act in a court or tribunal that is not
35a magistrates’ court.”

Part 4 Deployment of judges to the Court of Protection

6 (1) Section 46 of the Mental Capacity Act 2005 (judges of the Court of
Protection) is amended as follows.

(2) 40In subsection (2) (persons who may be nominated as court’s judges) omit the
“or” at the end of paragraph (d) and, after paragraph (e), insert “,

(f) a District Judge (Magistrates’ Courts),

(g) a judge of the First-tier Tribunal, or of the Upper Tribunal, by
virtue of appointment under paragraph 1(1) of Schedule 2 or
453 to the Tribunals, Courts and Enforcement Act 2007,

(h) a transferred-in judge of the First-tier Tribunal or of the
Upper Tribunal (see section 31(2) of that Act),

(i) a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(j) the Chamber President, or Deputy Chamber President, of a
chamber of the First-tier Tribunal or of a chamber of the
5Upper Tribunal,

(k) the Judge Advocate General,

(l) a Recorder,

(m) the holder of an office listed in the first column of the table in
section 89(3C) of the Senior Courts Act 1981 (senior High
10Court Masters etc),

(n) a holder of an office listed in column 1 of Part 2 of Schedule 2
to that Act (High Court Masters etc),

(o) a deputy district judge appointed under section 102 of that
Act or under section 8 of the County Courts Act 1984,

(p) 15a member of a panel of Employment Judges established for
England and Wales or for Scotland,

(q) a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General),

(r) 20a deputy judge of the High Court,

(s) the Senior President of Tribunals,

(t) an ordinary judge of the Court of Appeal (including the vice-
president, if any, of either division of that court),

(u) the President of the Queen’s Bench Division,

(v) 25the Master of the Rolls, or

(w) the Lord Chief Justice.”

(3) In subsection (2)(b) for “Vice-Chancellor” substitute “Chancellor of the High
Court”.

(4) In subsection (4) (a judge nominated under subsection (2)(d) or (e) must be
30appointed senior judge of the court) for “or (e)” substitute “to (q)”.

(5) In section 4(5)(f) of the Human Rights Act 1998 (things done by certain
judges in Court of Protection) for “Vice-Chancellor” substitute “Chancellor
of the High Court”.

Part 5 35Deployment of judges to the First-tier Tribunal and the Upper Tribunal

7 The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

8 In section 4(1) (judges of the First-tier Tribunal) after paragraph (c) insert—

“(ca) is within section 6A,”.

9 (1) Section 6(1) (certain judges who are also judges of the First-tier Tribunal and
40the Upper Tribunal) is amended as follows.

(2) Before paragraph (a) insert—

“(za) is the Lord Chief Justice of England and Wales,

(zb) is the Master of the Rolls,

(zc) is the President of the Queen’s Bench Division of the High
45Court in England and Wales,

(zd) is the President of the Family Division of the High Court in
England and Wales,

(ze) is the Chancellor of the High Court in England and Wales,”.

(3) After paragraph (d) insert—

“(da) 5is a deputy judge of the High Court in England and Wales,

(db) is the Judge Advocate General,”.

10 After section 6 insert—

“6A Certain judges who are also judges of the First-tier Tribunal

A person is within this section (and so, by virtue of section 4(1)(ca),
10is a judge of the First-tier Tribunal) if the person—

(a) is a deputy Circuit judge,

(b) is a Recorder,

(c) is a person who holds an office listed—

(i) in the first column of the table in section 89(3C) of the
15Senior Courts Act 1981 (senior High Court Masters
etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High
Court Masters etc),

(d) is a deputy district judge appointed under section 102 of that
20Act or section 8 of the County Courts Act 1984,

(e) is a Deputy District Judge (Magistrates’ Courts), or

(f) is a person appointed under section 30(1)(a) or (b) of the
Courts-Martial (Appeals) Act 1951 (assistants to the Judge
Advocate General).”

11 (1) 25In paragraph 6(3)(a) of each of Schedules 2 and 3 (requests to certain judges
to act as judges of First-tier Tribunal or Upper Tribunal may be made only
with the concurrence of the Lord Chief Justice) omit the “or” at the end of
sub-paragraph (iv) and, after sub-paragraph (v), insert “,

(vi) the Master of the Rolls,

(vii) 30the President of the Queen’s Bench Division of the
High Court of England and Wales,

(viii) the President of the Family Division of that court,

(ix) the Chancellor of that court,

(x) a deputy judge of that court, or

(xi) 35the Judge Advocate General;”.

(2) In paragraph 6 of Schedule 2 (judges by request of First-tier Tribunal) after
sub-paragraph (3) insert—

“(3A) A request made under sub-paragraph (2) to a person who is a
judge of the First-tier Tribunal by virtue of section 4(1)(ca) may be
40made only with the concurrence of the Lord Chief Justice of
England and Wales.”

Part 6 Deployment of judges to the Employment Appeal Tribunal

12 (1) Section 22 of the Employment Tribunals Act 1996 (membership of
45Employment Appeal Tribunal) is amended as follows.

(2) In subsection (1)(a) (judges drawn from the judges of the High Court, or
Court of Appeal, in England and Wales) after “Court of Appeal” insert “and
the judges within subsection (2A)”.

(3) After subsection (2) insert—

“(2A) 5A person is a judge within this subsection if the person—

(a) is the Senior President of Tribunals,

(b) is a deputy judge of the High Court,

(c) is the Judge Advocate General,

(d) is a Circuit judge,

(e) 10is a Chamber President, or a Deputy Chamber President, of a
chamber of the Upper Tribunal or of a chamber of the First-
tier Tribunal,

(f) is a judge of the Upper Tribunal by virtue of appointment
under paragraph 1(1) of Schedule 3 to the Tribunals, Courts
15and Enforcement Act 2007,

(g) is a transferred-in judge of the Upper Tribunal (see section
31(2) of that Act),

(h) is a deputy judge of the Upper Tribunal (whether under
paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(i) 20is a district judge, which here does not include a deputy
district judge, or

(j) is a District Judge (Magistrates’ Courts), which here does not
include a Deputy District Judge (Magistrates’ Courts).”

(4) In subsection (4) (judge’s consent required to nomination to Appeal
25Tribunal) after “Appeal Tribunal” insert “under subsection (1)(b)”.

Part 7 Deployment of judges to the employment tribunals

13 (1) Section 5D of the Employment Tribunals Act 1996 (judicial assistance) is
amended as follows.

(2) 30In subsection (2)(d)(ii) (appropriate consent required) after “(see subsection
(3))” insert “except where the relevant judge is the Lord Chief Justice of
England and Wales”.

(3) In subsection (3)(a) (consent required for deployment of judges of courts in
England and Wales)—

(a) 35in sub-paragraph (i) at the beginning insert “the Master of the Rolls
or”,

(b) after sub-paragraph (i) insert—

“(ia) within subsection (4)(b)(ia),”, and

(c) omit the “or” after sub-paragraph (iv), and after sub-paragraph (v)
40insert “, or

(vi) within subsection (4)(b)(x) to (xvi);”.

(4) In subsection (4)(a) (relevant tribunal judges) omit the “or” at the end of sub-
paragraph (v), and after paragraph (vi) insert “, or

(vii) is the Senior President of Tribunals;”.

(5) In subsection (4)(b) (relevant judges) in sub-paragraph (i) after “is” insert
“the Lord Chief Justice of England and Wales, the Master of the Rolls or”.

(6) In subsection (4)(b) after sub-paragraph (i) insert—

“(ia) is the President of the Queen’s Bench Division or
5Family Division, or the Chancellor, of the High Court
in England and Wales,”.

(7) In subsection (4)(b) omit the “or” at the end of sub-paragraph (viii), and after
sub-paragraph (ix) insert—

“(x) is a deputy judge of the High Court in England and
10Wales,

(xi) is a Recorder,

(xii) is a Deputy District Judge (Magistrates’ Courts),

(xiii) is a deputy district judge appointed under section 8 of
the County Courts Act 1984 or section 102 of the
15Senior Courts Act 1981,

(xiv) holds an office listed in the first column of the table in
section 89(3C) of the Senior Courts Act 1981 (senior
High Court Masters etc),

(xv) holds an office listed in column 1 of Part 2 of Schedule
202 to that Act (High Court Masters etc), or

(xvi) is the Judge Advocate General or a person appointed
under section 30(1)(a) or (b) of the Courts-Martial
(Appeals) Act 1951 (assistants to the Judge Advocate
General).”

25Part 8 Amendments following renaming of chairmen of employment tribunals

14 (1) In the following provisions for “chairmen”, or for “chairmen of employment
tribunals”, substitute “Employment Judges”—

• Constitutional Reform Act 2005: section 3(7B)(d) and (e),

• 30Courts Act 1971: Part 1A of Schedule 2,

• Courts and Legal Services Act 1990: Schedule 11,

• Employment Tribunals Act 1996: sections 3A, 5A, 5B(4), 5D(2)(e) and
  7B(6),

• Judicial Pensions Act 1981: section 12(1)(c),

• 35Judicial Pensions and Retirement Act 1993: section 26(12A)(i), and

• Tribunals, Courts and Enforcement Act 2007: sections 4(1)(e) and (3)(d)
  and 47(5)(c)(iii), paragraph 12(1)(c) of Schedule 1 and paragraph
  7(1)(a) of Schedule 2.

(2) In the following provisions for “chairman of employment tribunals”
40substitute “Employment Judge”—

• Constitutional Reform Act 2005: Part 3 of Schedule 14, in both places,

• Tribunals, Courts and Enforcement Act 2007: paragraph 6(1)(e) and
  (4)(b) of Schedule 7, and

• Judicial Pensions and Retirement Act 1993: Schedules 1 and 5.

(3) 45In sections 10(4) and 30(2B)(b) of the Employment Tribunals Act 1996 for
“Chairman” substitute “Employment Judge”.

(4) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
for “or member of a panel of persons appointed to act as chairmen or other
members of employment tribunals” substitute “Employment Judge, or
member of a panel of members of employment tribunals that is not a panel
5of Employment Judges”.

(5) In paragraph 5(2)(g) and (5)(vii) of Schedule 7 to the Judicial Pensions and
Retirement Act 1993 before “chairman” insert “Employment Judge, before 3
November 2008 called”.

Section 31

SCHEDULE 15 10Dealing non-custodially with offenders

Part 1 Community orders: punitive elements

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders) after subsection (2) insert—

“(2A) 15Where the court makes a community order, the court must—

(a) include in the order at least one requirement imposed for the
purpose of punishment, or

(b) impose a fine for the offence in respect of which the
community order is made, or

(c) 20comply with both of paragraphs (a) and (b).

(2B) Subsection (2A) does not apply where there are exceptional
circumstances which—

(a) relate to the offence or to the offender,

(b) would make it unjust in all the circumstances for the court to
25comply with subsection (2A)(a) in the particular case, and

(c) would make it unjust in all the circumstances for the court to
impose a fine for the offence concerned.”

3 In section 148(2A) (restrictions in subsection (2) on making community
orders etc are subject to certain enactments) after “subject to” insert “section
30177(2A) (community orders: punitive elements) and to”.

4 An amendment made by this Part of this Schedule does not affect orders in
respect of offences committed before the amendment comes into force.

Part 2 Deferring the passing of sentence to allow for restorative justice

5 35After section 1 of the Powers of Criminal Courts (Sentencing) Act 2000

(court’s power to defer passing of sentence) insert—

“1ZA Undertakings to participate in restorative justice activities

(1) Without prejudice to the generality of paragraph (b) of section 1(3),
the requirements that may be imposed under that paragraph include
5restorative justice requirements.

(2) Any reference in this section to a restorative justice requirement is to
a requirement to participate in an activity—

(a) where the participants consist of, or include, the offender and
one or more of the victims,

(b) 10which aims to maximise the offender’s awareness of the
impact of the offending concerned on the victims, and

(c) which gives an opportunity to a victim or victims to talk
about, or by other means express experience of, the offending
and its impact.

(3) 15Imposition under section 1(3)(b) of a restorative justice requirement
requires, in addition to the offender’s consent and undertaking
under section 1(3), the consent of every other person who would be
a participant in the activity concerned.

(4) For the purposes of subsection (3), a supervisor appointed under
20section 1A(2) does not count as a proposed participant.

(5) Where a restorative justice requirement is imposed under section
1(3)(b), the duty under section 1(5) (to give copies of order) extends
to every person who would be a participant in the activity
concerned.

(6) 25In this section “victim” means a victim of, or other person affected by,
the offending concerned.”

6 In section 1(8) of that Act (effect of sections 1 and 1A to 1D) for “1A”
substitute “1ZA”.

7 The amendment made by paragraph 5 does not apply in respect of offences
30committed before the amendment comes into force.

Part 3 Removal of limits on compensation orders made against adults

8 (1) Section 131 of the Powers of Criminal Courts (Sentencing) Act 2000 (limit on
amount payable under magistrates’ court compensation order) is amended
35as follows.

(2) Before subsection (1) insert—

“(A1) This section applies if (but only if) a magistrates’ court has convicted
a person aged under 18 (“the offender”) of an offence or offences.”

(3) In subsection (1) (compensation in respect of an offence not to exceed £5,000)
40for “a magistrates’ court in respect of any offence of which the court has
convicted the offender” substitute “the court in respect of the offence, or any
one of the offences,”.

(4) In subsection (2) (limit in respect of offences taken into consideration) for “a
magistrates’” substitute “the”.

(5) In the title, at the end insert “in case of young offender”.

9 In section 33B(5) of the Environmental Protection Act 1990 (limit on
5compensation in relation to conviction for certain environmental offences)
after “payable” insert “in case of young offender”.

10 Nothing in this Part of this Schedule affects orders in respect of offences
committed before this Part of this Schedule comes into force.

Part 4 10Electronic monitoring of offenders

11 The Criminal Justice Act 2003 is amended as follows.

12 (1) Section 177 (community orders) is amended as follows.

(2) In subsection (1) (requirements which may be included in a community
order)—

(a) 15omit the “and” after paragraph (k), and

(b) after paragraph (l) insert “, and

(m) an electronic monitoring requirement (as defined by
section 215).”

(3) In subsection (2) (provisions to which subsection (1) is subject)—

(a) 20omit the “and” after paragraph (g), and

(b) after paragraph (h) insert “, and

(i) section 215(2) (electronic monitoring requirement).”

(4) In subsection (3) (curfew or exclusion requirement must be accompanied by
electronic monitoring requirement) for “(as defined by section 215)”
25substitute “within section 215(1)(a) for securing the electronic monitoring of
the curfew or exclusion requirement”.

(5) Omit subsection (4) (power, in certain cases where subsection (3) does not
apply, to impose requirement for electronic monitoring of another
requirement included in the community order).

(6) 30In consequence, omit section 72(2) of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.

13 (1) Section 190 (suspended sentence orders) is amended as follows.

(2) In subsection (1) (requirements which may be included in a suspended
sentence order)—

(a) 35omit the “and” after paragraph (k), and

(b) after paragraph (l) insert “, and

(m) an electronic monitoring requirement (as defined by
section 215).”

(3) In subsection (2) (provisions to which subsection (1) is subject)—

(a) 40omit the “and” after paragraph (g), and

(b) after paragraph (h) insert “, and

(i) section 215(2) (electronic monitoring requirement).”