|
|
| |
| |
|
| |
| |
| 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
|
|
| |
| | The Amendments have been arranged in accordance with the Order of the |
|
| | Committee [11 March 2014]. |
|
| |
| |
| | |
| 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. |
|
| |
| | |
| 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. |
|
| |
| | |
| 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 |
|
| | |
|
|
| |
| |
|
| | (ii) | conduct of a juror in connection with that inquest may provide |
|
| | grounds for an application under section 13(1)(b) of the |
|
| | |
| | |
| | (a) | a member of a police force; |
|
| | (b) | the Attorney General’s Office; |
|
| | (c) | a judge of the High Court; |
|
| | |
| | (e) | the senior coroner who dealt with the inquest mentioned in paragraph |
|
| | |
| | (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. |
|
| |
| | |
| 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 |
|
| | |
| |
| | |
| Schedule 7, page 93, line 43, leave out from beginning to end of line 6 on page 94. |
|
| |
| | |
| 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. |
|
| |
| | |
| Schedule 7, page 94, leave out lines 27 to 33. |
|
|
|
| |
| |
|
| |
| | |
| 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;’. |
|
| |
| | |
| 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. |
|
| |
| | |
| 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 |
|
| | |
| |
| |
| | |
| 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. |
|
| |
| | |
| 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. |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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. |
|
| |
| | |
| Schedule 8, page 99, line 33, leave out second ‘to’ and insert ‘for the purposes of |
|
| |
| | 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. |
|
| |
| | |
| Schedule 8, page 99, line 37, leave out ‘for the purposes of considering’ and insert |
|
| |
| |
| | |
| Schedule 8, page 99, line 40, leave out from beginning to end of line 4 on page 100. |
|
| |
| | |
| 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 |
|
| | |
| |
| | |
| Schedule 8, page 100, line 7, at end insert ‘or consideration in question’. |
|
| |
| | |
| 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. |
|
| |
| | |
| Schedule 8, page 100, leave out lines 23 to 29. |
|
| |
| | |
| 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 |
|
| | |
| |
| |
| |
| | |
| Clause 50, page 52, line 3, leave out ‘must’ and insert ‘may’. |
|
| |
| |
| | |
| Clause 50, page 52, line 5, leave out ‘not’ and insert ‘choose not to’. |
|
|
|
| |
| |
|
| |
| |
| | |
| Clause 50, page 52, line 7, leave out ‘highly likely’ and insert ‘inevitable’. |
|
| |
| |
| | |
| Clause 50, page 52, line 15, leave out ‘and’. |
|
| |
| |
| | |
| Clause 50, page 52, line 18, leave out ‘highly likely’ and insert ‘inevitable’. |
|
| |
| |
| | |
| Clause 50, page 52, line 19, leave out ‘must’ and insert ‘may’. |
|
| |
| |
| | |
| Clause 50, page 52, line 38, leave out ‘and’. |
|
| |
| |
| | |
| Clause 50, page 52, line 44, leave out ‘highly likely’ and insert ‘inevitable’. |
|
| |
| |
| | |
| Page 51, line 35, leave out Clause 50. |
|
| |
| |
| |
| | |
| Clause 51, page 53, line 16, at end insert ‘or the Court has ordered that such |
|
| prescribed information need not be provided in whole or in part’. |
|
| |
| |
| | |
| Clause 51, page 53, line 21, leave out ‘likely to be available’. |
|
| |
| |
| | |
| Clause 51, page 53, line 22, leave out ‘and’. |
|
|
|
| |
| |
|
| |
| |
| | |
| Clause 51, page 53, line 43, leave out ‘likely to be available’. |
|
| |
| |
| | |
| Clause 51, page 53, line 44, leave out ‘and’. |
|
| |
| |
| | |
| Page 53, line 7, leave out Clause 51. |
|
| |
| |
| |
| | |
| Clause 52, page 54, line 7, leave out ‘must’ and insert ‘may’. |
|
| |
| |
| | |
| Clause 52, page 54, line 12, at end insert— |
|
| | ‘(1) | Where the information in subsection (2) includes confidential information about |
|
| | the financial position of a natural person the Court may to the extent necessary to |
|
| | protect the confidentiality of such information— |
|
| | |
| | (b) | impose reporting restrictions.’. |
|
| |
| |
| | |
| Clause 52, page 54, line 13, leave out ‘must’ and insert ‘may’. |
|
| |
| |
| | |
| Clause 52, page 54, line 16, leave out from ‘proceedings’ to end of line 16 and |
|
| insert ‘and who has in fact provided such financial support.’. |
|
| |
| |
| |
| | |
| Clause 53, page 54, line 31, leave out ‘not’. |
|
|