House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

59

House of Commons

Thursday 20 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].

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.’.

Mr Robert Buckland

97


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

‘Special Educational Needs

1A  (1)
All secure colleges, whether directly managed or contracted out, must make

provision to meet the special educational needs of persons detained there.’.

Sarah Champion

61

Schedule  4,  page  74,  line  17,  at end insert—

Public Bill Committee: 20 March 2014
60

Criminal Justice and Courts Bill, continued

‘Staff

4A  (2)
All staff employed as teachers, counsellors or nurses at a secure unit must hold

qualifications as one of the following—

(a)
qualified teachers;

(b)
accredited member of the British Association of Counsellors and

Psychotherapists;

(c)
registered nurse (children).’.

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

person who may make payments towards expenditure incurred by the Board if the college is

directly managed, rather than contracted-out.

Mr Shailesh Vara

24

Schedule  4,  page  81,  line  30,  at end insert—

‘32A
In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—

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

(b)
in paragraph (d), after “or prison” insert “or the principal of a

contracted-out secure college”.’.

Public Bill Committee: 20 March 2014
61

Criminal Justice and Courts Bill, continued

Mr Shailesh Vara

25

Schedule  4,  page  81,  line  33,  after ‘references’ insert ‘to a directly managed secure

college and’.

Mr Shailesh Vara

26

Schedule  4,  page  81,  line  34,  leave out ‘such a’ and insert ‘a contracted-out,’.

Mr Shailesh Vara

27

Schedule  4,  page  81,  line  35,  leave out ‘1’ and insert ‘27’.

Mr Andy Slaughter

Dan Jarvis

47

Clause  24,  page  23,  line  12,  leave out ‘single’ and insert ‘two’.

Mr Shailesh Vara

48

Clause  24,  page  23,  line  23,  leave out subsection (4) and insert—

‘( )
In subsection (3), for “The” substitute “Where a relevant prosecutor issues a

written charge and a requisition, the”.’.

Member’s explanatory statement

This amendment and amendment 49 provide that prosecutors must serve a copy of a single justice

procedure notice on a designated officer for a magistrates’ court (the person responsible for

administering the process) and not a specific court. This is to facilitate cases started in this way

being dealt with in any magistrates’ court.

Mr Shailesh Vara

49

Clause  24,  page  23,  line  28,  at end insert—

‘“(3ZA)
Where a relevant prosecutor issues a written charge and a single justice procedure

notice, the written charge and notice must be served on the person concerned, and

a copy of both must be served on the designated officer specified in the notice.’.

Mr Shailesh Vara

50

Clause  24,  page  23,  line  29,  leave out first ‘the’ and insert ‘a’.

Member’s explanatory statement

This amendment is consequential on amendments 48 and 49.

Mr Shailesh Vara

51

Clause  24,  page  24,  line  5,  after ‘issue’ insert ‘written charges,’.

Member’s explanatory statement

This amendment and amendment 52 make clear that an order authorising a prosecutor to issue

requisitions and single justice procedure notices, or just single justice procedure notices, will also

authorise the issue of written charges.

Public Bill Committee: 20 March 2014
62

Criminal Justice and Courts Bill, continued

Mr Shailesh Vara

52

Clause  24,  page  24,  line  7,  after ‘only’ insert ‘written charges and’.

Mr Andy Slaughter

39

Clause  24,  page  24,  line  15,  at end insert—

‘(11)
No offences shall be triable under this procedure unless specified in regulations

made by the Secretary of State and of which a draft has been laid before, and

approved by each House of Parliament.’.

Mr Andy Slaughter

Dan Jarvis

40

Clause  26,  page  25,  leave out lines 27 to 32.

Mr Shailesh Vara

53

Clause  26,  page  25,  line  27,  leave out ‘for the magistrates’ court’.

Member’s explanatory statement

This amendment and amendments 54, 54A, 55, 56 and 60 make clear that a single justice

procedure notice will identify a designated officer for a magistrates’ court (the person responsible

for administering the process), rather than a specific magistrates’ court, and that any magistrates’

court may deal with a case started in this way.

Mr Andy Slaughter

Dan Jarvis

41

Clause  26,  page  25,  line  38,  at end insert—

‘(c)
a submission from the DVLA to inform the court of any penalty points

endorsed on the defendant’s driver record.’.

Mr Shailesh Vara

54

Clause  26,  page  26,  line  2,  leave out ‘for the magistrates’ court’.

Mr Andy Slaughter

Dan Jarvis

42

Clause  26,  page  26,  leave out lines 5 and 6.

Mr Andy Slaughter

Dan Jarvis

43

Clause  26,  page  26,  line  7,  leave out from ‘parties’ to end.

Mr Shailesh Vara

54A

Clause  26,  page  26,  leave out lines 15 to 17 and insert—

Public Bill Committee: 20 March 2014
63

Criminal Justice and Courts Bill, continued

‘( )
Any magistrates’ court may try a written charge in accordance with subsections

(3) to (8), whether or not its designated officer is specified in the single justice

procedure notice.’.

Mr Andy Slaughter

Dan Jarvis

44

Clause  26,  page  26,  line  18,  at end insert—

‘(12)
Prior to a paper procedure the court must publish the cases to which it will apply

and when it will take place, and

(13)
Following a paper procedure the court must publish the outcome.’.

Mr Shailesh Vara

55

Clause  26,  page  26,  line  27,  leave out ‘for the magistrates’ court’.

Mr Shailesh Vara

56

Clause  26,  page  26,  line  33,  leave out from ‘court’ to ‘must’ in line 34 and insert

‘dealing with the matter’.

Mr Shailesh Vara

57

Clause  26,  page  27,  line  24,  leave out from ‘be)’ to end of line 28.

Member’s explanatory statement

This amendment removes a provision treating a magistrates’ court issuing a summons under new

sections 16B and 16C and the court specified in the summons as being in the same local justice

area.

Mr Shailesh Vara

58

Clause  26,  page  27,  line  31,  leave out from ‘before’ to ‘and’ in line 33 and insert ‘a

magistrates’ court for the purpose specified in the earlier summons;’.

Member’s explanatory statement

New section 16D(2) of the Magistrates’ Courts Act 1980, inserted by clause 26, provides that,

following the issue of a summons under new section 16B or 16C, a justice of the peace may issue

a further summons. This amendment provides that the further summons may require the person

concerned to appear before any magistrates’ court.

Mr Shailesh Vara

59

Clause  26,  page  28,  line  5,  at end insert—

‘( )
This section does not apply if the trial of the written charge has been adjourned

under section 16B(3)(a) or 16C(3)(a).’.

Member’s explanatory statement

This amendment provides that, if proceedings are moved from the procedure under section 16A of

the Magistrates’ Courts Act 1980 to the usual procedure in a traditional magistrates’ court, the

new statutory declaration procedure in section 16E of that Act will no longer be available. Instead,

the statutory declaration procedure in section 14 of that Act will be available.

Public Bill Committee: 20 March 2014
64

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

45

Clause  26,  page  28,  line  11,  at end insert ‘or that the accused did not understand the

documents specified in 16(a)(2).’.

Mr Shailesh Vara

60

Clause  26,  page  28,  line  14,  leave out ‘for the magistrates’ court’.

Mr Andy Slaughter

Dan Jarvis

46

Clause  27,  page  29,  leave out line 39.

Mr Shailesh Vara

65


Clause  45,  page  48,  line  21,  leave out ‘and 20F’ and insert ‘to 20G’.

Member’s explanatory statement

This is consequential on amendments 66, 74 and 75.

Mr Shailesh Vara

66


Clause  45,  page  49,  leave out lines 4 to 9.

Member’s explanatory statement

This amendment and amendments 74 and 75 replace subsections (5) and (6) of new section 20E of

the Juries Act 1974 and subsections (7) and (8) of new section 20F of that Act with provision to the

same effect in a new section 20G.

Mr Shailesh Vara

67


Clause  45,  page  49,  line  24,  at end insert—

‘(A1)
It is not an offence under section 20D for a person to disclose information to a

person listed in subsection (A2) if—

(a)
the disclosure is made after the jury in the proceedings mentioned in

section 20D(1) has been discharged, and

(b)
the person making the disclosure reasonably believes that—

(i)
an offence or contempt of court has been, or may have been,

committed by or in relation to a juror in connection with those

proceedings, or

(ii)
conduct of a juror in connection with those proceedings may

provide grounds for an appeal against conviction or sentence.

(A2)
Those persons are—

(a)
a member of a police force;

(b)
a judge of the Court of Appeal;

(c)
the registrar of criminal appeals;

Public Bill Committee: 20 March 2014
65

Criminal Justice and Courts Bill, continued

(d)
a judge of the court where the proceedings mentioned in section 20D(1)

took place;

(e)
a member of staff of that court who would reasonably be expected to

disclose the information only to a person mentioned in paragraphs (b) to

(d).

(A3)
It is not an offence under section 20D for a member of a police force to disclose

information for the purposes of obtaining assistance in deciding whether to

submit the information to a judge of the Court of Appeal or the registrar of

criminal appeals, provided that the disclosure does not involve publishing the

information.’.

Member’s explanatory statement

This amendment and amendment 70 replace subsection (3) of new section 20F of the Juries Act

1974 with provision which additionally allows disclosure of information to a member of a police

force in specified circumstances. The amendment also provides that disclosure is only permitted

after the jury has been discharged.

Mr Shailesh Vara

68


Clause  45,  page  49,  line  35,  leave out second ‘to’ and insert ‘for the purposes of

enabling or assisting’.

Member’s explanatory statement

This amendment and amendment 69 amend new section 20F(2) of the Juries Act 1974 to ensure

that the judge or registrar does not have to contact the defendant or legal representative

personally when making a disclosure to enable them to consider whether a juror’s conduct may

provide grounds for appeal.

Mr Shailesh Vara

69


Clause  45,  page  49,  line  39,  leave out ‘for the purposes of considering’ and insert

‘to consider’.

Mr Shailesh Vara

70


Clause  45,  page  49,  line  42,  leave out from beginning to end of line 3 on page 50.

Mr Shailesh Vara

71


Clause  45,  page  50,  line  5,  after ‘(1)’ insert ‘or (2)’.

Member’s explanatory statement

This amendment and amendment 72 amend new section 20F(4) of the Juries Act 1974 to allow

disclosure of jury deliberations where someone reasonably believes that a disclosure under section

20F(2) has been made. The disclosure must be for the purpose of considering whether a juror’s

conduct provides grounds for appeal.

Mr Shailesh Vara

72


Clause  45,  page  50,  line  6,  at end insert ‘or consideration in question’.

Mr Shailesh Vara

73


Clause  45,  page  50,  line  17,  at end insert—

‘(5A)
It is not an offence under section 20D for a person to disclose information in the

course of taking reasonable steps to prepare for proceedings described in

subsection (5)(a) to (c).’.



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