House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 18 March 2014
39

Criminal Justice and Courts Bill, continued

Meeting a child following sexual grooming etc.

Sarah Champion

NC9

To move the following Clause:—

‘(1)
The Sexual Offences Act 2003 is amended as follows.

(2)
In section 15(1)(a) (meeting a child following sexual grooming etc.) for “two”,

substitute “one”.’.

Member’s explanatory statement

At present, someone is only considered to be committing an offence if they contact the child twice

and arrange to meet them or travel to meet them with the intention of committing a sexual offence.

This new Clause would mean that the perpetrator would only have to make contact once.

Offence of abduction of child by other persons

Sarah Champion

NC10

To move the following Clause:—

‘(1)
The Child Abduction Act 1984 is amended as follows.

(2)
In section 2(1) (offence of abduction of child by other persons) for “sixteen”,

substitute “eighteen”.’.

Member’s explanatory statement

At present, there is a disparity between the ages that children must be to be considered to be

abducted depending on whether they are in the care system or not. This new Clause would rectify

this disparity and set a conistent age of under 18.

Offence of assaulting a worker selling alcohol

Dan Jarvis

Mr Andy Slaughter

NC11

To move the following Clause:—

‘(1)
A person who assaults a worker who is required to enforce the Licensing Act

2003—

(a)
in the course of that worker’s employment; or

(b)
by reason of that worker’s employment,


commits an offence.

(2)
No offence is committed—

(a)
under subsection (1)(a) unless the person who assaults knows, or ought

to know, that the worker is acting in the course of the worker’s

employment or is enforcing the 2003 Act;

Public Bill Committee: 18 March 2014
40

Criminal Justice and Courts Bill, continued

(b)
under subsection (1)(b) unless the assault is motivated, in whole or in

part, by malice towards the worker by reason of the worker’s

employment and their enforcement of the 2003 Act.

(3)
In this section—

“worker selling alcohol” means a person whose employment involves them

selling alcohol under the provisions of the Licensing Act 2003.

“employment” in this context means any paid or unpaid work whether under

contract, apprenticeship, or otherwise.

(4)
Evidence from a single source is sufficient evidence to establish for the purpose

of subsection (1) whether a person is a worker.

(5)
A person guilty of an offence under this Act is liable, on summary conviction, to

imprisonment for a period not exceeding six months or to a fine not exceeding

level 5 on the standard scale.’.

Instituting proceedings by written charge

Mr Andy Slaughter

NC12


To move the following Clause:—

‘(1)
Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute

proceedings by written charge) is amended as follows.

(2)
In subsection (1), for “public prosecutor” substitute “relevant prosecutor”.

(3)
For subsection (2) substitute—

“(2)
Where a relevant prosecutor issues a written charge, it must at the same

time issue—

(a)
a requisition, or

(b)
a two justice procedure notice.

(2A)
A requisition is a document which requires the person on whom it is

served to appear before a magistrates’ court to answer the written

charge.

(2B)
A two justice procedure notice is a document which requires the person

on whom it is served to serve on the designated officer for a magistrates’

court specified in the notice a written notification stating—

(a)
whether the person desires to plead guilty or not guilty, and

(b)
if the person desires to plead guilty, whether or not the person

desires to be tried in accordance with section 16A of the

Magistrates’ Courts Act 1980.”

(4)
In subsection (3)—

(a)
for “and requisition” substitute “and the requisition of two justice

procedure notice”, and

(b)
after “the requisition” insert “or, as the case may be, the two justice

procedure notice”.

(5)
After subsection (3) insert—

“(3A)
If a two justice procedure notice is served on the person, the relevant

prosecutor must—

Public Bill Committee: 18 March 2014
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Criminal Justice and Courts Bill, continued

(a)
at the same time serve on the person such documents as may be

prescribed by Criminal Procedure Rules, and

(b)
serve copies of those documents on the court.”.

(6)
After subsection (3A) insert—

“(3B)
The written notification required by a two justice procedure notice may

be served by the legal representative of the person charged on the

person‘s behalf.”.

(7)
In subsection (4), for the words from the beginning to “public prosecutor”

substitute “A relevant prosecutor authorised to issue a requisition”.

(8)
In subsection (5), for ““public prosecutor”” substitute ““relevant prosecutor””.

(9)
After subsection (5) insert—

“(5A)
An order under subsection (5)(h) specifying a person for the purposes

of this section must also specify whether that person and a person

authorised by that person to institute criminal proceedings—

(a)
are authorised to issue requisitions and two justice procedure

notices, or

(b)
are authorised to issue only two justice procedure notices.”.

(10)
A person who immediately before the commencement of this section is—

(a)
a person specified in an order under section 29(5)(h) of the Criminal

Justice Act 2003, or

(b)
a person authorised by a person so specified to institute criminal

proceedings,


is to be treated after the commencement of this section as authorised to issue

requisitions and two justice procedure notices (subject to the order

specifying that person being varied or revoked).’.

Instituting proceedings: further provision

Mr Andy Slaughter

NC13


To move the following Clause:—

‘(1)
Section 30 of the Criminal Justice Act 2003 (further provision about method of

instituting proceedings in section 29) is amended as follows.

(2)
In subsection (1)—

(a)
in paragraph (a), for “or requisitions” substitute “requisitions or two

justice procedure notices”, and

(b)
in paragraph (b), for “or requisitions” substitute “requisitions or two

justice procedure notices”.

(3)
In subsection (2)(b), after “further requisitions” insert “or further two justice

procedure notices”.

(4)
In subsection (5)—

(a)
in paragraph (b), for “public prosecutor” substitute “relevant

prosecutor”, and

(b)
after paragraph (b) insert ”, and

(c)
any reference (however expressed) which is or includes

a reference to a summons under section 1 of the

Public Bill Committee: 18 March 2014
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Criminal Justice and Courts Bill, continued

Magistrates’ Courts Act 1980 (or to a justice of the

peace issuing such a summons) is to be read as

including a reference to a two justice procedure notice

(or to a relevant prosecutor issuing a two justice

procedure notice).”.

(5)
After subsection (7) insert—

“(7A)
The reference in subsection (5) to an enactment contained in an Act

passed before this Act is to be read, in relation to paragraph (c) of

subsection (5), as including—

(a)
a reference to an enactment contained in an Act passed before or

in the same Session as the Criminal Justice and Courts Act

2014, and

(b)
a reference to an enactment contained in such an Act as a result

of an amendment to that Act made by the Criminal Justice and

Courts Act 2014 or by any other Act passed in the same Session

as the Criminal Justice and Courts Act 2014.”.

(6)
In subsection (8)—

(a)
for ““public prosecutor”, substitute ““relevant prosecutor””, and

(b)
after ““requisition”” insert “two justice procedure notice””.’.

Trial by two justices on the papers

Mr Andy Slaughter

NC14


To move the following Clause:—

‘(1)
The Magistrates’ Courts Act 1980 is amended as follows.

(2)
In section 11 (non-appearance of accused: general provisions)—

(a)
in subsection (1), for “and (4)” substitute ”, (4) and (8)”, and

(b)
after subsection (7) insert—

“(8)
This section and sections 12 to 16 do not apply if and for so long as a

written charge is to be tried by a magistrates’ court in accordance with

section 16A.”

(3)
After section 16 insert—

“Trial by two justices on the papers

16A
Trial by two justices on the papers

(1)
A magistrates’ court may try a written charge in accordance with

subsections (3) to (8) if—

(a)
the offence charged is a summary offence not punishable with

imprisonment,

(b)
the accused had attained the age of 18 years when charged,

(c)
the court is satisfied that—

(i)
the documents specified in subsection (2) have been

served on the accused, and

Public Bill Committee: 18 March 2014
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Criminal Justice and Courts Bill, continued

(ii)
service of all of the documents was effected at the same

time, and

(d)
the accused has not served on the designated officer for the

magistrates’ court specified in the two justice procedure notice,

within the period prescribed by Criminal Procedure Rules, a

written notification stating either—

(i)
a desire to plead not guilty, or

(ii)
a desire not to be tried in accordance with this section.

(2)
The documents mentioned in subsection (1)(c) are—

(a)
a written charge and a two justice procedure notice (see section

29 of the Criminal Justice Act 2003), and

(b)
such other documents as may be prescribed by Criminal

Procedure Rules (see section 29(3A) of the Criminal Justice Act

2003).

(3)
The court must try the written charge in reliance only on—

(a)
the documents specified in subsection (2), and

(b)
any written submission that the accused makes with a view to

mitigation of sentence.

(4)
The court may disregard a written submission that is not served on the

designated officer for the magistrates’ court specified in the two justice

procedure notice within the period prescribed by Criminal Procedure

Rules.

(5)
The court may try the charge in the absence of the parties.

(6)
The court may not remand the accused.

(7)
If the resumed trial is to be conducted in accordance with subsections 10

(3) to (7), no notice is required of the resumption of the trial after an

adjournment.

(8)
A magistrates’ court acting under this section may be composed of two

justices.

(9)
A magistrates’ court not specified in the two justice procedure notice may

try a written charge in accordance with subsections (3) to (8) as if it were

the magistrates’ court so specified.

(10)
Subsection (1) is subject to sections 16B and 16C.

16B
Cases not tried in accordance with section 16A

(1)
If a magistrates’ court decides, before the accused is convicted of the

offence, that it is not appropriate to try the written charge in accordance

with section 16A, the court may not try or continue to try the charge in

that way.

(2)
A magistrates’ court may not try a written charge in accordance with

section 16A if, at any time before the trial, the accused or the accused‘s

legal representative on the accused‘s behalf gives notice to the

designated officer for the magistrates’ court specified in the two justice

procedure notice that the accused does not desire to be tried in

accordance with section 16A.

(3)
If a magistrates’ court may not try or continue to try a written charge in

accordance with section 16A because the conditions in section 16A(1)

Public Bill Committee: 18 March 2014
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Criminal Justice and Courts Bill, continued

are not satisfied or because of subsection (1) or (2), the

magistrates’court specified in the two justice procedure notice or, if

different, the magistrates’ court trying the written charge must—

(a)
adjourn the trial, if it has begun, and

(b)
issue a summons directed to the accused requiring the accused to

appear before a magistrates’ court for the trial of the written

charge.

(4)
A magistrates’ court issuing a summons under subsection (3)(b) may be

composed of two justices.

16C
Cases that cease to be tried in accordance with section 16A

(1)
If a magistrates’ court decides, after the accused is convicted of the

offence, that it is not appropriate to try the written charge in accordance

with section 16A, the court may not continue to try the charge in that

way.

(2)
If a magistrates’ court trying a written charge in accordance with

section 16A proposes, after the accused is convicted of the offence, to

order the accused to be disqualified under section 34 or 35 of the Road

Traffic Offenders Act 1988—

(a)
the court must give the accused the opportunity to make 5

representations or further representations about the proposed

disqualification, and

(b)
if the accused indicates a wish to make such representations, the

court may not continue to try the case in accordance with

(c)
section 16A.

(3)
If a magistrates’ court may not continue to try a written charge in

accordance with section 16A because of subsection (1) or (2), the

magistrates’ court must—

(a)
adjourn the trial, and

(b)
issue a summons directed to the accused requiring the accused to

appear before a magistrates’ court to be dealt with in respectof

the offence.

16D
Sections 16B and 16C: further provision

(1)
If a summons is issued under section 16B(3)(b) or 16C(3)(b)—

(a)
a reference in sections 11 to 13 to a summons issued under 20

section 1 is to be read, for the purposes of subsequent

proceedings as regards the matter, as if it included a reference to

a summons issued under section 16B(3)(b) or 16C(3)(b) (as the

case may be), and

(b)
the magistrates’ court that issued the summons under section 25

16B(3)(b) or 16C(3)(b) and the magistrates’ court specified in

the summons are to be treated, for those purposes, as if they

were in the same local justice area.

(2)
If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a

justice of the peace may issue a summons directed to the accused

requiring the accused to appear before the magistrates’ court specified in

the summons under section 16B(3)(b) or 16C(3)(b) for the purpose

specified in that summons; and subsection (1)(a) applies in relation to a

summons under this section as it applies in relation to a summons

under section 16B(3)(b) or 16C(3)(b).

Public Bill Committee: 18 March 2014
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Criminal Justice and Courts Bill, continued

(3)
Where a summons has been issued under section 16B(3)(b) or 16C(3)(b),

a magistrates’ court that afterwards tries the written charge or deals with

the accused for the offence must be—

(a)
composed as described in section 121(1), or

(b)
composed of a District Judge (Magistrates’ Courts) sitting alone

by virtue of section 26 of the Courts Act 2003.

(4)
Where—

(a)
the accused is convicted of an offence before a matter is

adjourned under section 16C(3)(a), and

(b)
the matter is tried after the adjournment by another

magistrates’ court,


that other magistrates’ court is to be treated as if it were the court that

convicted the accused for the purposes of section 142(2).

16E
Accused not aware of two justice procedure notice

(1)
This section applies if—

(a)
a two justice procedure notice has been issued, and

(b)
the written charge is being tried, or has been tried, in

accordance with section 16A.

(2)
The proceedings subsequent to the two justice procedure notice are void

if—

(a)
the accused makes a statutory declaration that the accused did

not know of the two justice procedure notice or the

proceedings until a date that the accused specifies in the

statutory declaration,

(b)
that date is a date after a magistrates’ court began to try the

written charge,

(c)
the declaration is served on the designated officer for the

magistrates’ court specified in the two justice procedure notice

within 21 days of that date in such manner as Criminal

Procedure Rules may prescribe, and

(d)
at the same time as serving the declaration, the accused

responds to the two justice procedure notice by serving a

written notification on that designated officer.

(3)
Subsection (2) does not affect the validity of a written charge or a two

justice procedure notice.

(4)
A magistrates’ court may accept service of a statutory declaration

required by subsection (2) after the period described in subsection (2)(c)

if, on application by the accused, it appears to the court that it was not

reasonable to expect the accused to serve that statutory declaration

within that period.

(5)
A magistrates’ court that accepts a statutory declaration under

subsection (4) is to be treated as accepting service of a written

notification that is served at the same time.

(6)
A statutory declaration accepted under subsection (4) and a written

notification treated as accepted under subsection (5) are to be treated as

having been served as required by subsection (2)



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