Session 2013 - 14
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Public Bill Committee: 25 March 2014                  

134

 

Criminal Justice and Courts Bill, continued

 
 

Offence of sending letters etc with intent to cause distress or anxiety

 

Angie Bray

 

Mr Robert Buckland

 

NC20

 

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

In section 1 of the Malicious Communications Act 1988 (offence of sending

 

letters etc with intent to cause distress or anxiety), for subsection (4) substitute—

 

“(4)    

A person guilty of an offence under this section is liable—

 

(a)    

on conviction on indictment to impriosonment for a term not

 

exceeding two years or a fine (or both);

 

(b)    

on summary conviction to imprisonment for a term not

 

exceeding 12 months or a fine (or both).

 

(5)    

In relation to an offence committed before section 154(1) of the Criminal

 

Justice Act 2003 comes into force, the reference in subsection (4)(b) to

 

12 months is to be read as reference to six months.

 

(6)    

In relation to an offence committed before section 85 of the Legal Aid

 

Sentencing and Punishment of Offenders Act 2012 comes into force, the

 

reference in subsection (4)9B) to a fine is to be read as a reference to a

 

fine not exceeding the statutory maximum,”

 

(2)    

The amendment made by this section applies only in relation to an offence

 

committed on or after the day on which it comes into force.’.

 

Member’s explanatory statement

 

This amendment makes the offence in section 1 of the Malicious Communications Act 1988 of

 

sending communications with intent to cause distress or anxiety an either-way offence and

 

provides that the penalty on conviction on indicment is imprisonment for a term not exceeding two

 

years or a fine (or both).

 


 

Aggravated offences and discrimination towards members of the armed forces

 

Dan Jarvis

 

Vernon Coaker

 

Gemma Doyle

 

NC22

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Part 12 (Sentencing) of the Criminal Justice Act 2003, is amended as follows.

 

(2)    

At the end of section 146, insert—

 

“147  

Increase in sentences for aggravation related to membership of the

 

armed forces

 

(1)    

This section applies where the court is considering the seriousness of an

 

offence committed in any of the circumstances mentioned in subsection

 

(2).

 

(2)    

Those circumstances are—


 
 

Public Bill Committee: 25 March 2014                  

135

 

Criminal Justice and Courts Bill, continued

 
 

(a)    

that, at the time of committing the offence, or immediately

 

before or after doing so, the offender demonstrated towards the

 

victim of the offence hostility based on the victim being a former

 

or serving member (or presumed former or serving member) of

 

the armed forces or army reserve.

 

(b)    

that the offence is motivated (wholly or partly) by hostility

 

towards persons who are former or serving members of the

 

armed forces.

 

(3)    

The court—

 

(a)    

must treat that fact that the offence was committed in any of

 

those circumstances as an aggravating factor; and

 

(b)    

must state in open court that the offence was committed in such

 

circumstances.

 

(4)    

It is immaterial for the purposes of paragraph (a) or (b) of subsection (2)

 

whether or not the offender’s hostility is also based, to any extent, on any

 

other factor not mentioned in that paragraph.

 

(5)    

In this section “armed forces” means Royal Navy, Army and Royal Air

 

Force, both regular and reserve.”.

 

(3)    

The Secretary of State shall bring forward legislation, within six months of this

 

Act coming into force, making it an offence for any person to discriminate against

 

serving or former members of the armed forces.

 

(a)    

This offence will apply in cases where sections 13 (Direct

 

Discrimination), 19 (Indirect Discrimination) and 28 (Provision of

 

services, etc.) of the Equality Act 2010 are breached.

 

(b)    

Breaches under (3)(a) will extend to serving and former members of the

 

armed forces, as if membership of such forces were a protected

 

characteristic under section 4 of the Equality Act 2010.

 

(c)    

In this section “armed forces” means Royal Navy, Army and Royal Air

 

Force, both regular and reserve.’.

 


 

Legal aid for judicial review

 

Mr Andy Slaughter

 

NC23

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State may not omit, vary, limit or change the arrangements for

 

legal aid pursuant to section 2 or section 9 of the Legal Aid, Sentencing and

 

Punishment of Offenders Act 2012, in so far as those changes related to legal

 

services for judicial review (pursuant to section 9 and Schedule 1, paragraph 19,

 

Legal Aid, Sentencing and Punishment of Offenders Act 2012).’.

 



 
 

Public Bill Committee: 25 March 2014                  

136

 

Criminal Justice and Courts Bill, continued

 
 

Information and education for jurors

 

Mr Andy Slaughter

 

NC24

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Ministry of Justice shall develop a public education programme on the role

 

and responsibilities of jurors, to include provisions set out in this Act.

 

(2)    

The judicial college and HCTMS shall provide information to jurors about their

 

obligations during jury service, to include offences under this Act.

 

(3)    

Jurors, on the first day of jury service, shall sign a declaration to say—

 

(a)    

they must not undertake their own research;

 

(b)    

they must base their verdict only on the evidence presented at court; and

 

(c)    

they must not seek or disclose information about any case they try.’.

 


 

Mr Andy Slaughter

 

Dan Jarvis

 

169

 

Page  58,  line  34,  leave out Clause 58.

 


 

Mr Shailesh Vara

 

170

 

Parliamentary Star    

Clause  60,  page  59,  line  27,  at end insert—

 

‘( )    

An order under this section bringing into force section (Drugs for which prisoners

 

etc may be tested) may appoint different days for different areas.’.

 

Member’s explanatory statement

 

This amendment enables the Secretary of State to bring into force the new clause inserted by

 

amendment NC21 on different days for different areas in England and Wales.

 

 

Order of the House [24 February 2014]

 

That the following provisions shall apply to the Criminal Justice and Courts Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 1 April 2014.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the


 
 

Public Bill Committee: 25 March 2014                  

137

 

Criminal Justice and Courts Bill, continued

 
 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other Proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [11 March 2014]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 11

 

March) meet—

 

(a)  

at 2.00 pm on Tuesday 11 March;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 13 March;

 

(c)  

at 8.55 am and 2.00 pm on Tuesday 18 March;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 20 March;

 

(e)  

at 8.55 am and 2.00 pm on Tuesday 25 March;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 27 March;

 

(g)  

at 8.55 am and 2.00 pm on Tuesday 1 April;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 11 March

Until no later

Office of the Children’s

 
  

than 9.30 am

Commissioner

 
 

Tuesday 11 March

Until no later

Magistrates’ Association; Howard

 
  

than 10.30 am

League for Penal Reform;

 
   

Criminal Justice Alliance

 
 

Tuesday 11 March

Until no later

Civitas; Standing Committee for

 
  

than 11.25 am

Youth Justice; Education Links;

 
   

John D’Abbro, New Rush Hall

 
   

School

 
 

Tuesday 11 March

Until no later

Public and Commercial Services

 
  

than 2.30 pm

Union; Trades Union Congress

 
 

Tuesday 11 March

Until no later

Prison Reform Trust; Prisoners’

 
  

than 3.15 pm

Education Trust

 
 

Tuesday 11 March

Until no later

Victims’ Services Alliance

 
  

than 3.45 pm

  
 

Tuesday 11 March

Until no later

Survivors Trust; Shelter

 
  

than 4.30 pm

  
 

Tuesday 11 March

Until no later

Law Commision

 
  

than 5.00 pm

  
 

Tuesday 11 March

Until no later

Law Society; Bar Council

 
  

than 6.00 pm

  
 

Thursday 13

Until no later

Liberty; JUSTICE; Public Law

 
 

March

than 12.30 pm

Project

 
 

Thursday 13

Until no later

British Board of Film

 
 

March

than 1.00 pm

Classification

 
 

Thursday 13

Until no later

Criminal Bar Association;

 
 

March

than 2.30 pm

Constitutional and Administrative

 
   

Law Bar Association

 
 

Thursday 13

Until no later

Professor Cheryl Thomas,

 
 

March

than 3.00 pm

University College London

 
 

Thursday 13

Until no later

Nick Armstrong, Matrix

 
 

March

than 4.00 pm

Chambers; Nicola Mackintosh,

 
   

Mackintosh Law; Adam Wagner,

 
   

One Crown Office Row; Michael

 
   

Fordham QC, Blackstone

 
   

Chambers

 
 

Thursday 13

Until no later

Angus Walker, Bircham Dyson

 
 

March

than 4.45 pm

Bell; Taylor Wimpey; Campaign to

 
   

Protect Rural England

 

 
 

Public Bill Committee: 25 March 2014                  

138

 

Criminal Justice and Courts Bill, continued

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 5; Schedule 1; Clause 6; Schedule 2; Clauses 7

 

to 17; Schedule 3; Clause 18; Schedule 4; Clauses 19 to 28; Schedule 5;

 

Clause 29; Schedule 6; Clauses 30 to 46; Schedule 7; Clause 47; Schedule 8;

 

Clauses 48 to 57; new Clauses; new Schedules; Clauses 58 to 63; remaining

 

proceedings on the Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5.00 pm on Tuesday 1 April.

 

 

NOTICES WITHDRAWN

 

The following Notices were withdrawn on 24 March 2014:

 

NC17 and NC18.

 


 
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Revised 25 March 2014