House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

25

House of Commons

Tuesday 18 March 2014

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Criminal Justice and Courts Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [11 March 2014].

Mr Shailesh Vara

1

Clause  1,  page  1,  leave out lines 12 to 15 and insert ‘, to imprisonment for life’.

Member’s explanatory statement

This amendment provides for the increase in the maximum penalty available for an offence under

section 4 of the Explosive Substances Act 1883 from 14 years imprisonment to imprisonment for

life to apply in Scotland as well as in England and Wales and Northern Ireland.

Dan Jarvis

Mr Andy Slaughter

8

Clause  3,  page  4,  line  26,  at end insert—

‘(10)
Before this section comes into force the Secretary of State shall—

(a)
consult the Parole Board about the resources required for additional

hearings resulting from the implementation of this section; and

(b)
lay a report before Parliament containing—

(i)
his assessment of the resources required for additional hearings;

and

Public Bill Committee: 18 March 2014
26

Criminal Justice and Courts Bill, continued

(ii)
his plans to ensure that the Parole Board has adequate resources

to fulfil the requirements of this section effectively.’.

Dan Jarvis

Mr Andy Slaughter

9

Clause  4,  page  4,  line  39,  at end insert—

‘(4)
Before this section comes into force the Secretary of State shall—

(a)
consult the Parole Board about the resources required for additional

hearings resulting from the implementation of this section; and

(b)
lay a report before Parliament containing—

(i)
his assessment of the resources required for additional hearings;

and

(ii)
his plans to ensure that the Parole Board has adequate resources

to fulfil the requirements of this section effectively.’.

Dan Jarvis

Mr Andy Slaughter

10

Clause  5,  page  5,  line  12,  at end insert—

‘(3)
Before this section comes into force the Secretary of State shall—

(a)
consult the Parole Board about the resources required for additional

hearings resulting from the implementation of this section; and

(b)
lay a report before Parliament containing—

(i)
his assessment of the resources required for additional hearings;

and

(ii)
his plans to ensure that the Parole Board has adequate resources

to fulfil the requirements of this section effectively.’.

Sarah Champion

6

Schedule  1,  page  63,  line  18,  leave out ‘13’ and insert ‘16’.

Sarah Champion

7

Schedule  1,  page  63,  line  19,  leave out ‘13’ and insert ‘16’.

Mr Shailesh Vara

2

Schedule  1,  page  66,  line  20,  at end insert—

Public Bill Committee: 18 March 2014
27

Criminal Justice and Courts Bill, continued

‘Road Traffic Offenders Act 1988 (c. 53)

10A(1)
Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of

disqualification where custodial sentence also imposed) is amended as

follows.

      (2)
In paragraph (e), for “that Act” (in the first place) substitute “the Criminal

Justice Act 2003”.

      (3)
After paragraph (f) insert—

“(fa)
in the case of a sentence under section 236A of that Act

(special custodial sentence for certain offenders of particular

concern), a period equal to half of the term imposed pursuant

to section 236A(2)(a) of that Act calculated after that term has

been reduced by any relevant discount;”.’.

Member’s explanatory statement

This amendment is consequential on the new custodial sentence created by Clause 5 of, and

paragraph 2 of Schedule 1 to, the Bill and means that provision to ensure that a driving ban is

extended when a custodial sentence is imposed at the same time will apply to the new sentence as

it does to other custodial sentences.

Mr Shailesh Vara

3

Schedule  1,  page  66,  line  27,  at end insert—

‘Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

11A(1)
Section 147A(4) of the Powers of Criminal Courts (Sentencing) Act 2000

(extension of disqualification where custodial sentence also imposed) is

amended as follows.

      (2)
In paragraph (e), for “that Act” (in the first place) substitute “the Criminal

Justice Act 2003”.

      (3)
After paragraph (f) insert—

“(fa)
in the case of a sentence under section 236A of that Act

(special custodial sentence for certain offenders of particular

concern), a period equal to half of the term imposed pursuant

to section 236A(2)(a) of that Act calculated after that term has

been reduced by any relevant discount;”.’.

Member’s explanatory statement

This amendment is consequential on the new custodial sentence created by Clause 5 of, and

paragraph 2 of Schedule 1 to, the Bill and means that provision to ensure that a driving ban is

extended when a custodial sentence is imposed at the same time will apply to the new sentence as

it does to other custodial sentences.

Dan Jarvis

Mr Andy Slaughter

15

Clause  6,  page  5,  leave out from line 36 to line 25 on page 6.

Dan Jarvis

Mr Andy Slaughter

37

Clause  6,  page  6,  line  29,  at end insert—

Public Bill Committee: 18 March 2014
28

Criminal Justice and Courts Bill, continued

‘(1A)
The Code of Practice must include a requirement that a person carrying out

electronic monitoring who is not a public authority as defined by section 3 of the

Freedom of Information Act 2000 shall provide information in respect of the

carrying out of electronic monitoring in the same manner as if they were such a

public authority.’.

Dan Jarvis

Mr Andy Slaughter

11

Clause  7,  page  9,  line  26,  at end insert—

‘(9)
Before this section comes into force the Secretary of State shall—

(a)
consult the Parole Board about the resources required for additional

hearings resulting from the implementation of this section; and

(b)
lay a report before Parliament containing—

(i)
his assessment of the resources required for additional hearings;

and

(ii)
his plans to ensure that the Parole Board has adequate resources

to fulfil the requirements of this section effectively.’.

Dan Jarvis

Mr Andy Slaughter

12

Page  9,  line  27,  leave out Clause 8.

Dan Jarvis

Mr Andy Slaughter

13

Clause  10,  page  10,  line  29,  after ‘fails’, insert ‘deliberately and’.

Mr Shailesh Vara

4

Clause  15,  page  16,  line  16,  at end insert—

‘( )
In section 37B of the Police and Criminal Evidence Act 1984 (consultation with

the Director of Public Prosecutions), in subsection (7), after “such a caution”

insert “(whether because of section 14 of the Criminal Justice and Courts Act

2014 or for any other reason)”.’.

Member’s explanatory statement

This amendment clarifies that the restriction on giving cautions in Clause 14 is one of the reasons

why it may not be possible to give a caution following a decision to do so by the Director of Public

Public Bill Committee: 18 March 2014
29

Criminal Justice and Courts Bill, continued

Prosecutions under section 37B of the Police and Criminal Evidence Act 1984.

Dan Jarvis

Mr Andy Slaughter

14

Clause  16,  page  16,  line  30,  leave out from ‘explicit’ to end of line 31 and insert

‘way, real or simulated depictions of either—’.

Dan Jarvis

Mr Andy Slaughter

29

Clause  16,  page  16,  line  31,  leave out from ‘of’ to end of line 37 and insert ‘the

portrayal of sexual activity which involves real or apparent lack of consent,’.

Dan Jarvis

Mr Andy Slaughter

28

Clause  16,  page  16,  line  37,  at end insert—

‘(c)
sexual activity where one of the participants is portrayed in such a way

as to make them appear under 18;

(d)
a person participating in a sexual activity with someone who is depicted

as a member of their immediate family; and

(e)
sexual activity incorporating sexual threats, humiliation or abuse which

do not form part of a clearly consenting role-playing game.’.

Mr Shailesh Vara

16

Clause  17,  page  18,  line  18,  leave out ‘in England,’.

Member’s explanatory statement

This amendment removes the territorial restriction in the new version of section 43 of the Prison

Act 1952, inserted by clause 17, to enable the Secretary of State to provide secure colleges in Wales

as well as England.

Dan Jarvis

Mr Andy Slaughter

32

Clause  17,  page  18,  line  18,  at end insert—

‘(d)
Secure Children’s Homes’.

Dan Jarvis

Mr Andy Slaughter

30

Clause  17,  page  18,  line  20,  at end insert—

‘(2A)
No person who is aged under 15 shall be detained in a secure college established

under subsection (1)(c).’.

Public Bill Committee: 18 March 2014
30

Criminal Justice and Courts Bill, continued

Dan Jarvis

Mr Andy Slaughter

31

Clause  17,  page  18,  line  20,  at end insert—

‘(2A)
A young woman may not be placed in a secure college established under

subsection (1)(c).’.

Mr Shailesh Vara

17

Clause  17,  page  18,  leave out line 32.

Member’s explanatory statement

This amendment and amendment 18 provide that Schedule A1 to the Prison Act 1952 (HM Chief

Inspector of Prisons), which is introduced by section 5A to that Act, applies to secure training

centres and secure colleges and, as applied, may not be modified by rules made by the Secretary

of State.

Mr Shailesh Vara

18

Clause  17,  page  19,  line  12,  at end insert ‘and Schedule A1’.

Dan Jarvis

Mr Andy Slaughter

33

Clause  17,  page  19,  line  35,  after ‘contempt’, insert—

‘(14)
The Secretary of State shall make arrangements to ensure that sufficient places

are available in secure children’s homes to enable young persons for whom

detention in a secure children’s home is deemed more appropriate by the relevant

authority than detention in a secure college or young offender institution to be so

detained.’.

Dan Jarvis

Mr Andy Slaughter

35

Schedule  3,  page  69,  line  30,  after ‘colleges’, insert ‘including, in the case of

secure colleges, joint inspection by Her Majesty’s Inspectorate of Prisons and the Office

for Standards in Education, Children’s Services and Skills.’.

Mr Shailesh Vara

19

Schedule  3,  page  71,  line  30,  at end insert—

‘16A
In section 28(1) (arrangements to safeguard and promote welfare: Wales), after

paragraph (h) insert—

“(ha)
the principal of a secure college in Wales;”.

16B
In section 31(3) (establishment of Local Safeguarding Children Boards in

Wales), after paragraph (f) insert—

“(fa)
the principal of a secure college in the area of the authority;”.

16C
In section 33(3)(c) (funding of Local Safeguarding Children Boards in Wales),

after “or prison” insert “or the principal of a secure college”.’.

Member’s explanatory statement

This amendment and amendments 20, 21, 24, 25, 26 and 27 are consequential on amendment 16..

Public Bill Committee: 18 March 2014
31

Criminal Justice and Courts Bill, continued

Mr Shailesh Vara

20

Schedule  3,  page  73,  line  2,  after ‘England’ insert ‘or Wales’.

Mr Shailesh Vara

21

Schedule  3,  page  73,  line  4,  after ‘England’ insert ‘or Wales’.

Dan Jarvis

Mr Andy Slaughter

38

Schedule  4,  page  73,  line  25,  at end insert—

‘(1A)
Where the Secretary of State enters into a contract with another person under

paragraph 1(1), and that person is not a public authority for the purposes of

section 3 of the Freedom of Information Act 2000, that person shall be designated

by the Secretary of State as a public authority for the purposes of that section in

relation to that contract.’.

Dan Jarvis

Mr Andy Slaughter

34

Schedule  4,  page  75,  line  14,  at end insert—

‘(e)
to assess and promote their best interests.’.

Dan Jarvis

Mr Andy Slaughter

36

Schedule  4,  page  75,  line  26,  leave out from ‘where’ to end of line 27 and insert ‘a

young person poses an imminent threat of injury to himself or others, and only when all

other means of control have been exhausted.’.

Mr Shailesh Vara

22

Schedule  4,  page  80,  line  15,  leave out ‘51 weeks’ and insert ‘12 months’.

Member’s explanatory statement

The offence of wrongful disclosure of information under paragraph 25 of Schedule 4 is triable

either on indictment or summarily. When section 154 of the Criminal Justice Act 2003 comes into

force, the maximum term of imprisonment on summary conviction should change from 6 months to

12 months (not 51 weeks, which is appropriate for summary-only offences).

Mr Shailesh Vara

23

Schedule  4,  page  81,  line  29,   leave out ‘In section 15(3)(d) (funding of Local

Safeguarding Children Boards)’ and insert ‘In section 15(3) (funding of Local

Safeguarding Children Boards)—

(a)
in paragraph (c), after “principal of a” insert “directly managed”, and

(b)
in paragraph (d),’.

Member’s explanatory statement

This amendment provides that, where the principal of a secure college is a Board partner of the

authority that established a Local Safeguarding Children Board, the Secretary of State is only a



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