House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 25 March 2014
106

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

120

Clause  34,  page  39,  line  30,  after subsection (4), insert—

‘(5)
No certificate shall be granted under section 12 of this Act in any proceedings

where closed material proceedings under Rule 54 of the Employment Tribunals

Rules of Procedure pursuant to Employment Tribunals (Constitution and Rules

of Procedure) Regulations 2004 (S.I 2004/1861) have been used.’.

Mr Andy Slaughter

Dan Jarvis

121

Page  39,  line  31,  leave out Clause 35.

Mr Andy Slaughter

Dan Jarvis

122

Clause  36,  page  42,  line  7,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

123

Page  42,  line  2,  leave out Clause 36.

Mr Andy Slaughter

Dan Jarvis

124

Clause  37,  page  43,  line  17,  leave out from ‘proceedings’ to end of line 28.

Mr Andy Slaughter

Dan Jarvis

125

Clause  39,  page  44,  line  13,  leave out ‘but under 76’.

Mr Andy Slaughter

Dan Jarvis

126

Clause  39,  page  44,  line  17,  leave out ‘subparagraph (b).

Public Bill Committee: 25 March 2014
107

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

127

Page  44,  line  11,  leave out Clause 39.

Mr Andy Slaughter

Dan Jarvis

128

Clause  40,  page  44,  line  22,  leave out ‘surrender’ and insert ‘limit the use of’.

Mr Andy Slaughter

Dan Jarvis

129

Page  45,  line  6,  leave out Clause 41.

Mr Andy Slaughter

Dan Jarvis

130

Clause  42,  page  47,  line  6,  leave out subsection (9).

Mr Andy Slaughter

Dan Jarvis

131

Clause  43,  page  47,  line  26,  leave out subsection (4).

Mr Andy Slaughter

Dan Jarvis

132

Clause  44,  page  47,  line  36,  leave out ‘from which it may be reasonably concluded’

and insert ‘which demonstrates an intention’.

Public Bill Committee: 25 March 2014
108

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

133

Page  47,  line  30,  leave out Clause 44.

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;

(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

Public Bill Committee: 25 March 2014
109

Criminal Justice and Courts Bill, continued

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).’.

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.

Public Bill Committee: 25 March 2014
110

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

134

Clause  45,  page  50,  line  25,  at end insert—

‘(8A)
It is not an offence under section 20D to disclose information for the purpose of

allowing approved academic research into jury deliberations.’.

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

(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.

Public Bill Committee: 25 March 2014
111

Criminal Justice and Courts Bill, continued

    (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—

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

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

Public Bill Committee: 25 March 2014
112

Criminal Justice and Courts Bill, continued

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

(ii)
conduct of a lay member in connection with those proceedings

may provide grounds for an appeal against conviction or

sentence.



© Parliamentary copyright	Revised 25 March 2014