House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 20 March 2014
66

Criminal Justice and Courts Bill, continued

Member’s explanatory statement

This amendment allows a person to disclose jury deliberations where that is a part of reasonable

preparations for certain court proceedings.

Mr Shailesh Vara

74


Clause  45,  page  50,  leave out lines 20 to 25.

Mr Shailesh Vara

75


Clause  45,  page  50,  line  41,  at end insert—

‘20G
Offence of disclosing jury’s deliberations: exceptions for soliciting

disclosures or obtaining information

(1)
It is not an offence under section 20D to solicit a disclosure described in

section 20E(1) to (4) or section 20F(A1) to (6).

(2)
It is not an offence under section 20D to obtain information—

(a)
by means of a disclosure described in section 20E(1) to (4) or

section 20F(A1) to (6), or

(b)
from a document that is available to the public or a section of the

public.”’.

Mr Shailesh Vara

76


Schedule  7,  page  92,  line  30,  leave out ‘and 5F’ and insert ‘to 5G’.

Member’s explanatory statement

This is consequential on amendments 77, 82 and 85.

Mr Shailesh Vara

77


Schedule  7,  page  93,  leave out lines 15 to 21.

Member’s explanatory statement

This amendment and amendments 82 and 85 replace sub-paragraphs (5) and (6) of new paragraph

5E of Schedule 6 to the Coroners and Justice Act 2009 and sub-paragraphs (6) and (7) of new

paragraph 5F of that Schedule with provision to the same effect in a new paragraph 5G.

Mr Shailesh Vara

78


Schedule  7,  page  93,  line  34,  after ‘5F’ insert—

  ‘(A1)
It is not an offence under paragraph 5D for a person to disclose information to

a person listed in sub-paragraph (A2) if—

(a)
the disclosure is made after the jury at the inquest mentioned in

paragraph 5D(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 that

inquest, or

Public Bill Committee: 20 March 2014
67

Criminal Justice and Courts Bill, continued

(ii)
conduct of a juror in connection with that inquest may provide

grounds for an application under section 13(1)(b) of the

Coroners Act 1988.

    (A2)
Those persons are—

(a)
a member of a police force;

(b)
the Attorney General’s Office;

(c)
a judge of the High Court;

(d)
the Chief Coroner;

(e)
the senior coroner who dealt with the inquest mentioned in paragraph

5D(1);

(f)
a coroner’s officer or a member of staff assisting a senior coroner who

would reasonably be expected to disclose the information only to a

person mentioned in paragraphs (b) to (e).

    (A3)
It is not an offence under paragraph 5D 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 person listed in sub-paragraph (A2),

provided that the disclosure does not involve publishing the information.’.

Member’s explanatory statement

This amendment and amendment 80 replace sub-paragraph (2) of new paragraph 5F of Schedule

6 to the Coroners and Justice Act 2009 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

79


Schedule  7,  page  93,  line  34,  leave out ‘General’ and insert ‘General’s Office’.

Member’s explanatory statement

This amendment and amendment 83 permit the Solicitor General and a member of staff of the

Attorney General‘s Office, as well as the Attorney General, to make a disclosure to a relevant

investigator for the purposes mentioned in new paragraph 5F of Schedule 6 to the Coroners and

Justice Act 2009.

Mr Shailesh Vara

80


Schedule  7,  page  93,  line  43,  leave out from beginning to end of line 6 on page 94.

Mr Shailesh Vara

81


Schedule  7,  page  94,  line  24,  at end insert—

  ‘(4A)
It is not an offence under paragraph 5D for a person to disclose information in

the course of taking reasonable steps to prepare for proceedings described in

sub-paragraph (4)(a) to (c).’.

Member’s explanatory statement

This amendment allows a person to disclose deliberations of a jury at an inquest where that is a

part of reasonable preparations for subsequent proceedings arising out of the inquest.

Mr Shailesh Vara

82


Schedule  7,  page  94,  leave out lines 27 to 33.

Mr Shailesh Vara

83


Schedule  7,  page  94,  line  34,  at end insert—

Public Bill Committee: 20 March 2014
68

Criminal Justice and Courts Bill, continued

‘“the Attorney General’s Office” means the Attorney General, the Solicitor

General or a member of staff of the Attorney General’s Office;’.

Mr Shailesh Vara

84


Schedule  7,  page  94,  line  41,  at end insert—

‘(da)
a senior coroner, area coroner or assistant coroner;’.

Member’s explanatory statement

This amendment adds a senior coroner, an area coroner and an assistant coroner to the list of

relevant investigators in new paragraph 5F of Schedule 6 to the Coroners and Justice Act 2009.

Mr Shailesh Vara

85


Schedule  7,  page  94,  line  46,  at end insert—

‘Exceptions for soliciting disclosures or obtaining information

5G  (1)
It is not an offence under paragraph 5D to solicit a disclosure described in

paragraph 5E(1) to (4) or paragraph 5F(A1) to (5).

      (2)
It is not an offence under paragraph 5D to obtain information—

(a)
by means of a disclosure described in paragraph 5E(1) to (4) or

paragraph 5F(A1) to (5), or

(b)
from a document that is available to the public or a section of the

public.”’.

Mr Shailesh Vara

86


Schedule  8,  page  98,  line  6,  leave out ‘and 7’ and insert ‘to 7A’.

Member’s explanatory statement

This is consequential on amendments 87, 95 and 96.

Mr Shailesh Vara

87


Schedule  8,  page  99,  leave out lines 1 to 7.

Member’s explanatory statement

This amendment and amendments 95 and 96 replace the provision in paragraph 6(5) and (6) and

paragraph 7(7) and (8) of new Schedule 2A to the Armed Forces Act 2006 with provision to the

same effect in a new paragraph 7A.

Mr Shailesh Vara

88


Schedule  8,  page  99,  line  21,  after ‘7’ insert—

  ‘(A1)
It is not an offence under paragraph 5 for a person to disclose information to a

person listed in sub-paragraph (A2) if—

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

5(1) terminate, 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 lay member in connection

with those proceedings, or

Public Bill Committee: 20 March 2014
69

Criminal Justice and Courts Bill, continued

(ii)
conduct of a lay member 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 listed in section 375;

(b)
a judge of the Court of Appeal;

(c)
a judge of the Court Martial Appeal Court;

(d)
the registrar of criminal appeals;

(e)
the judge advocate who dealt with the proceedings mentioned in

paragraph 5(1);

(f)
the court administration officer for the Court Martial;

(g)
a member of the Military Court Service who would reasonably be

expected to disclose the information only to a person mentioned in

paragraphs (b) to (f).

    (A3)
It is not an offence under paragraph 5 for a member of a police force listed in

section 375 to disclose information for the purposes of obtaining assistance in

deciding whether to submit the information to a judge of the Court of Appeal,

a judge of the Court Martial Appeal Court or the registrar of criminal appeals,

provided that the disclosure does not involve publishing the information.’.

Member’s explanatory statement

This amendment and amendment 91 replace paragraph 7(3) of new Schedule 2A to the Armed

Forces Act 2006 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 proceedings have terminated.

Mr Shailesh Vara

89


Schedule  8,  page  99,  line  33,  leave out second ‘to’ and insert ‘for the purposes of

enabling or assisting’.

Member’s explanatory statement

This amendment and amendment 90 amend paragraph 7(2) of new Schedule 2A to the Armed

Forces Act 2006 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 lay

member’s conduct may provide grounds for appeal.

Mr Shailesh Vara

90


Schedule  8,  page  99,  line  37,  leave out ‘for the purposes of considering’ and insert

‘to consider’.

Mr Shailesh Vara

91


Schedule  8,  page  99,  line  40,  leave out from beginning to end of line 4 on page 100.

Mr Shailesh Vara

92


Schedule  8,  page  100,  line  6,  after ‘(1)’ insert ‘or (2)’.

Member’s explanatory statement

This amendment and amendment 93 amend paragraph 7(4) of new Schedule 2A to the Armed

Forces Act 2006 to allow disclosure of deliberations of members of a Court Martial where

someone reasonably believes that a disclosure under paragraph 7(2) has been made. The

disclosure must be for the purpose of considering whether a lay member’s conduct provides

grounds for appeal.

Public Bill Committee: 20 March 2014
70

Criminal Justice and Courts Bill, continued

Mr Shailesh Vara

93


Schedule  8,  page  100,  line  7,  at end insert ‘or consideration in question’.

Mr Shailesh Vara

94


Schedule  8,  page  100,  line  20,  at end insert—

  ‘(5A)
It is not an offence under paragraph 5 for a person to disclose information in

the course of taking reasonable steps to prepare for proceedings described in

sub-paragraph (5)(a) to (c).’.

Member’s explanatory statement

This amendment allows a person to disclose deliberations of members of the Court Martial for

proceedings where that is a part of reasonable preparations for certain subsequent proceedings.

Mr Shailesh Vara

95


Schedule  8,  page  100,  leave out lines 23 to 29.

Mr Shailesh Vara

96


Schedule  8,  page  100,  line  44,  at end insert—

‘Disclosing information about members’ deliberations: exceptions for soliciting

disclosures or obtaining information

7A  (1)
It is not an offence under paragraph 5 to solicit a disclosure described in

paragraph 6(1) to (4) or paragraph 7(A1) to (6).

      (2)
It is not an offence under paragraph 5 to obtain information—

(a)
by means of a disclosure described in paragraph 6(1) to (4) or

paragraph 7(A1) to (6), or

(b)
from a document that is available to the public or a section of the

public.’.

Dr Julian Huppert

63


Clause  53,  page  54,  line  36,  leave out subsections (4) and (5).

Dr Julian Huppert

64


Clause  53,  page  54,  line  43,  leave out ‘or (5)’.

Dr Julian Huppert

62


Page  54,  line  27,  leave out Clause 53.

Public Bill Committee: 20 March 2014
71

Criminal Justice and Courts Bill, continued

Robert Neill

5

Clause  57,  page  58,  line  3,  at end insert ‘or the Court of Appeal’

Member’s explanatory statement

This allows the Court of Appeal to grant permission to apply under section 288.

New Clauses

Leave of the court required for Listed Building Act proceedings

Robert Neill

Mr Robert Buckland

NC1

To move the following Clause:—

‘(1)
Section 63 of the Planning (Listed Buildings and Conservation Areas) Act 1990

(proceedings for questioning the validity of other orders, decisions and

directions) is amended as follows.

(2)
In subsection (3) after “section”, insert “relating to anything other than an English

matter”.

(3)
After subsection (3) insert—

“(3A)
An application under this section relating to an English matter may not

be made without the leave of the High Court or the Court of Appeal.

(3B)
An application for leave for the purposes of subsection (3A) must be

made within six weeks from (as the case may be)—

(a)
the date on which the order is confirmed; or (in the case of an

order under section 23 which takes effect under section 25

without confirmation) takes effect, or

(b)
the date on which the action is taken.”.

(4)
After subsection (5) insert—

“(5A)
When considering whether to grant leave for the purposes of subsection

(3A), the High Court may, subject to subsection (6), by interim order

suspend the operation of the order or action the validity of which the

person or authority concerned wishes to question, until the final

determination of—

(a)
the question of whether leave should be granted, or

(b)
where leave is granted, the proceedings on any application under

this section made with such leave.”.

(5)
After subsection (6) insert—

“(6A)
In this section “English matter” means—

(a)
an order to which this section applies which is made by—

(i)
a local planning authority in England, or

(ii)
the Secretary of State, or

(b)
action to which this section applies which is on the part of the

Secretary of State.”.

(6)
After subsection (7) insert—



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