Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 27 March 2014                  

153

 

Criminal Justice and Courts Bill, continued

 
 

Broadening of applications to the High Court to include costs decisions

 

Robert Neill

 

Mr Robert Buckland

 

Angie Bray

 

NC6

 

To move the following Clause:—

 

‘(1)    

In section 284(3) of the Town and Country Planning Act 1990, at end add—

 

“(j)    

any decision whether any person should pay the costs of the

 

Secretary of State or any other person in respect of the orders

 

under subsection (2) above or any action listed in this

 

subsection.”.

 

(2)    

In section 62(2) of the Planning (Listed Buildings and Conservation Areas) Act

 

1990, at end add—

 

“(e)    

any decision whether any person should pay the costs of the

 

Secretary of State or any other person in respect of the orders or

 

decisions under subsection (1) above or decisions listed in this

 

subsection.”.’.

 

Member’s explanatory statement

 

At present, challenges to the award of costs in planning appeals and call-ins have to be brought

 

by judicial review: Botton v Secretary of State for the Environment [1992] 1 PLR 1 even if there

 

is a section 288 application being brought at the same time.

 


 

Equalisation of six week periods for bringing proceedings

 

Robert Neill

 

Mr Robert Buckland

 

NC7

 

To move the following Clause:—

 

‘(1)    

In section 61N(2) of the Town and Country Planning Act 1990, leave out

 

“beginning with” and insert “from”.

 

(2)    

In section 113(4) of the Planning and Compulsory Purchase Act 2004, leave out

 

“beginning with” and insert “from”.

 

(3)    

Section 13 of the Planning Act 2008 (Legal challenges relating to national policy

 

statements) is amended as follows.

 

(4)    

In section 13(1), leave out “beginning with” and insert “from”.

 

(5)    

In section 13(2), leave out “beginning with” and insert “from”.

 

(6)    

In section 13(3), leave out “beginning with” and insert “from”.

 

(7)    

In section 13(4), leave out “beginning with” and insert “from”.

 

(8)    

In section 13(5), leave out “beginning with” and insert “from”.

 

(9)    

In section 13(6), leave out “beginning with” and insert “from”.

 

(10)    

In section 118(1), leave out “beginning with” and insert “from”.

 

(11)    

In section 118(2), leave out “beginning with” and insert “from”.

 

(12)    

In section 118(3), leave out “beginning with” and insert “from”.

 

(13)    

In section 118(4), leave out “beginning with” and insert “from”.

 

(14)    

In section 118(5), leave out “beginning with” and insert “from”.

 

(15)    

In section 118(6), leave out “beginning with” and insert “from”.


 
 

Public Bill Committee: 27 March 2014                  

154

 

Criminal Justice and Courts Bill, continued

 
 

(16)    

In section 118(7), leave out “beginning with” and insert “from”.

 

(17)    

Section 106C of the Town and Country Planning Act 1990 is amended as follows.

 

(18)    

In section 106C(1), leave out “beginning with” and insert “from”.

 

(19)    

In section 106C(2), leave out “beginning with” and insert “from”.’.

 

Member’s explanatory statement

 

At present some time periods for bringing proceedings run from the date of the decision (so start

 

the day afterwards) whilst others include the date of the decision. Given the short time limits for

 

these proceedings, cases are often brought at the last minute. This Clause would standardise

 

planning time limits to run Tuesday to Tuesday.

 


 

Allowing the grant of permission or consent to be challenged in an enforcement notice

 

challenge and simplification

 

Robert Neill

 

Mr Robert Buckland

 

Angie Bray

 

NC8

 

To move the following Clause:—

 

‘(1)    

In section 289 of the Town and Country Planning Act 1990, leave out subsections

 

(1) and (2) and insert—

 

“(1)    

If a person is aggrieved by any decision of the Secretary of State in

 

proceedings on an appeal under Part VII against an enforcement notice,

 

including any grant of planning permission or of a lawful development

 

certificate under section 177, and wishes to question the validity of that

 

decision on a point of law that person may make an application to the

 

High Court under this section.

 

(2)    

If a person is aggrieved by any decision of the Secretary of State in

 

proceedings on an appeal under Part VIII against a notice under section

 

207, and wishes to question the validity of that decision on a point of law,

 

that person may make an application to the High Court under this

 

section.”.

 

(2)    

In section 289 of the Town and Country Planning Act 1990, leave out subsections

 

(3) and (4).

 

(3)    

In section 65 of the Planning (Listed Buildings and Conservation Areas) Act

 

1990, leave out subsections (1) to (3) and insert—

 

“(1)    

If a person is aggrieved by any decision of the Secretary of State in

 

proceedings on an appeal under section 39 against a listed building

 

enforcement notice, including any grant of listed building consent, and

 

wishes to question the validity of that decision on a point of law, that

 

person may make an application to the High Court under this section.”.’.

 

Member’s explanatory statement

 

This set of amendments makes a series of alterations to the procedure for High Court challenges

 

to enforcement appeal decisions.

 



 
 

Public Bill Committee: 27 March 2014                  

155

 

Criminal Justice and Courts Bill, continued

 
 

Meeting a child following sexual grooming etc.

 

Sarah Champion

 

Dr Julian Huppert

 

Mrs Emma Lewell-Buck

 

NC9

 

To move the following Clause:—

 

‘(1)    

The Sexual Offences Act 2003 is amended as follows.

 

(2)    

In section 15(1)(a) (meeting a child following sexual grooming etc.) for “two”,

 

substitute “one”.’.

 

Member’s explanatory statement

 

At present, someone is only considered to be committing an offence if they contact the child twice

 

and arrange to meet them or travel to meet them with the intention of committing a sexual offence.

 

This new Clause would mean that the perpetrator would only have to make contact once.

 


 

Offence of abduction of child by other persons

 

Sarah Champion

 

Dr Julian Huppert

 

Mrs Emma Lewell-Buck

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Child Abduction Act 1984 is amended as follows.

 

(2)    

In section 2(1) (offence of abduction of child by other persons) for “sixteen”,

 

substitute “eighteen”.’.

 

Member’s explanatory statement

 

At present, there is a disparity between the ages that children must be to be considered to be

 

abducted depending on whether they are in the care system or not. This new Clause would rectify

 

this disparity and set a conistent age of under 18.

 


 

Offence of assaulting a worker selling alcohol

 

Dan Jarvis

 

Mr Andy Slaughter

 

NC11

 

To move the following Clause:—

 

‘(1)    

A person who assaults a worker who is required to enforce the Licensing Act

 

2003—

 

(a)    

in the course of that worker’s employment; or

 

(b)    

by reason of that worker’s employment,

 

    

commits an offence.

 

(2)    

No offence is committed—


 
 

Public Bill Committee: 27 March 2014                  

156

 

Criminal Justice and Courts Bill, continued

 
 

(a)    

under subsection (1)(a) unless the person who assaults knows, or ought

 

to know, that the worker is acting in the course of the worker’s

 

employment or is enforcing the 2003 Act;

 

(b)    

under subsection (1)(b) unless the assault is motivated, in whole or in

 

part, by malice towards the worker by reason of the worker’s

 

employment and their enforcement of the 2003 Act.

 

(3)    

In this section—

 

“worker selling alcohol” means a person whose employment involves them

 

selling alcohol under the provisions of the Licensing Act 2003.

 

“employment” in this context means any paid or unpaid work whether under

 

contract, apprenticeship, or otherwise.

 

(4)    

Evidence from a single source is sufficient evidence to establish for the purpose

 

of subsection (1) whether a person is a worker.

 

(5)    

A person guilty of an offence under this Act is liable, on summary conviction, to

 

imprisonment for a period not exceeding six months or to a fine not exceeding

 

level 5 on the standard scale.’.

 


 

Instituting proceedings by written charge

 

Mr Andy Slaughter

 

Dan Jarvis

 

NC12

 

To move the following Clause:—

 

‘(1)    

Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute

 

proceedings by written charge) is amended as follows.

 

(2)    

In subsection (1), for “public prosecutor” substitute “relevant prosecutor”.

 

(3)    

For subsection (2) substitute—

 

“(2)    

Where a relevant prosecutor issues a written charge, it must at the same

 

time issue—

 

(a)    

a requisition, or

 

(b)    

a two justice procedure notice.

 

(2A)    

A requisition is a document which requires the person on whom it is

 

served to appear before a magistrates’ court to answer the written

 

charge.

 

(2B)    

A two justice procedure notice is a document which requires the person

 

on whom it is served to serve on the designated officer for a magistrates’

 

court specified in the notice a written notification stating—

 

(a)    

whether the person desires to plead guilty or not guilty, and

 

(b)    

if the person desires to plead guilty, whether or not the person

 

desires to be tried in accordance with section 16A of the

 

Magistrates’ Courts Act 1980.”

 

(4)    

In subsection (3)—

 

(a)    

for “and requisition” substitute “and the requisition of two justice

 

procedure notice”, and

 

(b)    

after “the requisition” insert “or, as the case may be, the two justice

 

procedure notice”.


 
 

Public Bill Committee: 27 March 2014                  

157

 

Criminal Justice and Courts Bill, continued

 
 

(5)    

After subsection (3) insert—

 

“(3A)    

If a two justice procedure notice is served on the person, the relevant

 

prosecutor must—

 

(a)    

at the same time serve on the person such documents as may be

 

prescribed by Criminal Procedure Rules, and

 

(b)    

serve copies of those documents on the court.”.

 

(6)    

After subsection (3A) insert—

 

“(3B)    

The written notification required by a two justice procedure notice may

 

be served by the legal representative of the person charged on the

 

person‘s behalf.”.

 

(7)    

In subsection (4), for the words from the beginning to “public prosecutor”

 

substitute “A relevant prosecutor authorised to issue a requisition”.

 

(8)    

In subsection (5), for ““public prosecutor”” substitute ““relevant prosecutor””.

 

(9)    

After subsection (5) insert—

 

“(5A)    

An order under subsection (5)(h) specifying a person for the purposes

 

of this section must also specify whether that person and a person

 

authorised by that person to institute criminal proceedings—

 

(a)    

are authorised to issue requisitions and two justice procedure

 

notices, or

 

(b)    

are authorised to issue only two justice procedure notices.”.

 

(10)    

A person who immediately before the commencement of this section is—

 

(a)    

a person specified in an order under section 29(5)(h) of the Criminal

 

Justice Act 2003, or

 

(b)    

a person authorised by a person so specified to institute criminal

 

proceedings,

 

    

is to be treated after the commencement of this section as authorised to issue

 

requisitions and two justice procedure notices (subject to the order

 

specifying that person being varied or revoked).’.

 


 

Instituting proceedings: further provision

 

Mr Andy Slaughter

 

Dan Jarvis

 

NC13

 

To move the following Clause:—

 

‘(1)    

Section 30 of the Criminal Justice Act 2003 (further provision about method of

 

instituting proceedings in section 29) is amended as follows.

 

(2)    

In subsection (1)—

 

(a)    

in paragraph (a), for “or requisitions” substitute “requisitions or two

 

justice procedure notices”, and

 

(b)    

in paragraph (b), for “or requisitions” substitute “requisitions or two

 

justice procedure notices”.

 

(3)    

In subsection (2)(b), after “further requisitions” insert “or further two justice

 

procedure notices”.

 

(4)    

In subsection (5)—


 
 

Public Bill Committee: 27 March 2014                  

158

 

Criminal Justice and Courts Bill, continued

 
 

(a)    

in paragraph (b), for “public prosecutor” substitute “relevant

 

prosecutor”, and

 

(b)    

after paragraph (b) insert ”, and

 

(c)    

any reference (however expressed) which is or includes

 

a reference to a summons under section 1 of the

 

Magistrates’ Courts Act 1980 (or to a justice of the

 

peace issuing such a summons) is to be read as

 

including a reference to a two justice procedure notice

 

(or to a relevant prosecutor issuing a two justice

 

procedure notice).”.

 

(5)    

After subsection (7) insert—

 

“(7A)    

The reference in subsection (5) to an enactment contained in an Act

 

passed before this Act is to be read, in relation to paragraph (c) of

 

subsection (5), as including—

 

(a)    

a reference to an enactment contained in an Act passed before or

 

in the same Session as the Criminal Justice and Courts Act

 

2014, and

 

(b)    

a reference to an enactment contained in such an Act as a result

 

of an amendment to that Act made by the Criminal Justice and

 

Courts Act 2014 or by any other Act passed in the same Session

 

as the Criminal Justice and Courts Act 2014.”.

 

(6)    

In subsection (8)—

 

(a)    

for ““public prosecutor”, substitute ““relevant prosecutor””, and

 

(b)    

after ““requisition”” insert “two justice procedure notice””.’.

 


 

Trial by two justices on the papers

 

Mr Andy Slaughter

 

Dan Jarvis

 

NC14

 

To move the following Clause:—

 

‘(1)    

The Magistrates’ Courts Act 1980 is amended as follows.

 

(2)    

In section 11 (non-appearance of accused: general provisions)—

 

(a)    

in subsection (1), for “and (4)” substitute ”, (4) and (8)”, and

 

(b)    

after subsection (7) insert—

 

“(8)    

This section and sections 12 to 16 do not apply if and for so long as a

 

written charge is to be tried by a magistrates’ court in accordance with

 

section 16A.”

 

(3)    

After section 16 insert—

 

Trial by two justices on the papers

 

16A    

Trial by two justices on the papers

 

(1)    

A magistrates’ court may try a written charge in accordance with

 

subsections (3) to (8) if—

 

(a)    

the offence charged is a summary offence not punishable with

 

imprisonment,


 
 

Public Bill Committee: 27 March 2014                  

159

 

Criminal Justice and Courts Bill, continued

 
 

(b)    

the accused had attained the age of 18 years when charged,

 

(c)    

the court is satisfied that—

 

(i)    

the documents specified in subsection (2) have been

 

served on the accused, and

 

(ii)    

service of all of the documents was effected at the same  

 

time, and

 

(d)    

the accused has not served on the designated officer for the

 

magistrates’ court specified in the two justice procedure notice,

 

within the period prescribed by Criminal Procedure Rules, a

 

written notification stating either—

 

(i)    

a desire to plead not guilty, or

 

(ii)    

a desire not to be tried in accordance with this section.

 

(2)    

The documents mentioned in subsection (1)(c) are—

 

(a)    

a written charge and a two justice procedure notice (see section

 

29 of the Criminal Justice Act 2003), and

 

(b)    

such other documents as may be prescribed by Criminal

 

Procedure Rules (see section 29(3A) of the Criminal Justice Act

 

2003).

 

(3)    

The court must try the written charge in reliance only on—

 

(a)    

the documents specified in subsection (2), and

 

(b)    

any written submission that the accused makes with a view to

 

mitigation of sentence.

 

(4)    

The court may disregard a written submission that is not served on the

 

designated officer for the magistrates’ court specified in the two justice

 

procedure notice within the period prescribed by Criminal Procedure

 

Rules.

 

(5)    

The court may try the charge in the absence of the parties.

 

(6)    

The court may not remand the accused.

 

(7)    

If the resumed trial is to be conducted in accordance with subsections 10

 

(3) to (7), no notice is required of the resumption of the trial after an

 

adjournment.

 

(8)    

A magistrates’ court acting under this section may be composed of two

 

justices.

 

(9)    

A magistrates’ court not specified in the two justice procedure notice  may

 

try a written charge in accordance with subsections (3) to (8) as if it were

 

the magistrates’ court so specified.

 

(10)    

Subsection (1) is subject to sections 16B and 16C.

 

16B    

Cases not tried in accordance with section 16A

 

(1)    

If a magistrates’ court decides, before the accused is convicted of the  

 

offence, that it is not appropriate to try the written charge in accordance

 

with section 16A, the court may not try or continue to try the charge in

 

that way.

 

(2)    

A magistrates’ court may not try a written charge in accordance with

 

section 16A if, at any time before the trial, the accused or the accused‘s  

 

legal representative on the accused‘s behalf gives notice to the

 

designated officer for the magistrates’ court specified in the two justice


 
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Revised 27 March 2014