House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

139

House of Commons

Thursday 27 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].

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: 27 March 2014
140

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.

Public Bill Committee: 27 March 2014
141

Criminal Justice and Courts Bill, continued

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;’.

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—

Public Bill Committee: 27 March 2014
142

Criminal Justice and Courts Bill, continued

(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.

    (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

Public Bill Committee: 27 March 2014
143

Criminal Justice and Courts Bill, continued

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.

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.’.

Mr Andy Slaughter

Dan Jarvis

135

Clause  50,  page  52,  line  3,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

136

Clause  50,  page  52,  line  5,  leave out ‘not’ and insert ‘choose not to’.

Public Bill Committee: 27 March 2014
144

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

137

Clause  50,  page  52,  line  7,  leave out ‘highly likely’ and insert ‘inevitable’.

Mr Andy Slaughter

Dan Jarvis

138

Clause  50,  page  52,  line  15,  leave out ‘and’.

Mr Andy Slaughter

Dan Jarvis

139

Clause  50,  page  52,  line  18,  leave out ‘highly likely’ and insert ‘inevitable’.

Mr Andy Slaughter

Dan Jarvis

140

Clause  50,  page  52,  line  19,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

141

Clause  50,  page  52,  line  38,  leave out ‘and’.

Mr Andy Slaughter

Dan Jarvis

142

Clause  50,  page  52,  line  44,  leave out ‘highly likely’ and insert ‘inevitable’.

Mr Andy Slaughter

Dan Jarvis

143

Page  51,  line  35,  leave out Clause 50.

Mr Andy Slaughter

Dan Jarvis

144

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’.

Mr Andy Slaughter

Dan Jarvis

145

Clause  51,  page  53,  line  21,  leave out ‘likely to be available’.

Mr Andy Slaughter

Dan Jarvis

146

Clause  51,  page  53,  line  22,  leave out ‘and’.

Public Bill Committee: 27 March 2014
145

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

147

Clause  51,  page  53,  line  43,  leave out ‘likely to be available’.

Mr Andy Slaughter

Dan Jarvis

148

Clause  51,  page  53,  line  44,  leave out ‘and’.

Mr Andy Slaughter

Dan Jarvis

149

Page  53,  line  7,  leave out Clause 51.

Mr Andy Slaughter

Dan Jarvis

150

Clause  52,  page  54,  line  7,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

152

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—

(a)
sit in private, and

(b)
impose reporting restrictions.’.

Mr Andy Slaughter

Dan Jarvis

151

Clause  52,  page  54,  line  13,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

153

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.’.

Mr Andy Slaughter

Dan Jarvis

154

Clause  53,  page  54,  line  31,  leave out ‘not’.



© Parliamentary copyright	Revised 27 March 2014