Session 2012 - 13
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Other Bills before Parliament


 
 

Report Stage Proceedings: 18 March 2013                  

340

 

Crime and Courts Bill[Lords], continued

 
 

(i)    

complaints it has handled, making clear how many of them are

 

multiple complaints;

 

(ii)    

articles in respect of which it has considered complaints to be

 

without merit; and

 

(iii)    

articles in respect of which it has considered complaints to be

 

with merit, and the outcomes reached, in aggregate for all

 

subscribers and individually in relation to each subscriber;

 

(c)    

a summary of any investigations carried out and the result of them;

 

(d)    

a report on the adequacy and effectiveness of compliance processes

 

and procedures adopted by subscribers; and

 

(e)    

information about the extent to which the arbitration service has been

 

used.

 

22         

The Board should provide an arbitral process for civil legal claims against

 

subscribers which—

 

(a)    

complies with the Arbitration Act 1996 (“the Act”);

 

(b)    

provides suitable powers for the arbitrator to ensure the process

 

operates fairly and quickly, and on an inquisitorial basis (so far as

 

possible);

 

(c)    

contains transparent arrangements for claims to be struck out, for

 

legitimate reasons (including on frivolous or vexatious grounds);

 

(d)    

directs appropriate pre-publication matters to the courts;

 

(e)    

operates under the principle that arbitration should be free for

 

complainants to use;

 

(f)    

ensures that the parties should each bear their own costs, subject to a

 

successful complainant’s costs being recoverable (having regard to

 

section 60 of the Act and any applicable caps on recoverable costs);

 

and

 

(g)    

overall, is inexpensive for all parties.

 

23         

The membership of a regulatory body should be open to all publishers on fair,

 

reasonable and non-discriminatory terms, including making membership

 

potentially available on different terms for different types of publisher.

 

(b) In addition to the matters set out above, the Board of the Recognition Panel shall grant

 

recognition to a Regulator if the Board is satisfied that the Regulator meets the

 

recognition criteria and that the Regulator meets the criteria of effectiveness, fairness and

 

objectivity of standards, independence and transparency of enforcement and compliance,

 

credible powers and remedies, reliable funding and effective accountability.’.

 


 

New Clauses standing in the name of a Minister of the Crown and relating

 

to Legal Aid

 

Restraint orders and legal aid

 

Secretary Theresa May

 

Agreed to  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—


 
 

Report Stage Proceedings: 18 March 2013                  

341

 

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

 

Agreed to  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,


 
 

Report Stage Proceedings: 18 March 2013                  

342

 

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

 

Negatived on division  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


 
 

Report Stage Proceedings: 18 March 2013                  

343

 

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

 

Not called  103

 

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

 


 

John McDonnell

 

Mr Elfyn Llwyd

 

Mark Durkan

 

Not called  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

 

Not called  97

 

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

 


 

John McDonnell

 

Mr Elfyn Llwyd

 

Mark Durkan

 

Not called  98

 

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

 


 

Secretary Theresa May

 

Agreed to  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.’.

 


 

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


 
 

Report Stage Proceedings: 18 March 2013                  

344

 

Crime and Courts Bill[Lords], continued

 
 

Vulnerable Witnesses

 

New offence of child maltreatment

 

Mr Robert Buckland

 

Meg Munn

 

Mr George Howarth

 

Paul Goggins

 

Paul Maynard

 

Geraint Davies

 

Not called  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.”.’.

 



 
 

Report Stage Proceedings: 18 March 2013                  

345

 

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

 

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

 

Not called  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.”.’.

 



 
 

Report Stage Proceedings: 18 March 2013                  

346

 

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

 

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

 

Not called  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.

 

(7)    

For the purposes of this section—


 
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Revised 19 March 2013