House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 27 March 2014
160

Criminal Justice and Courts Bill, continued

procedure notice that the accused does not desire to be tried in

accordance with section 16A.

(3)
If a magistrates’ court may not try or continue to try a written charge in

accordance with section 16A because the conditions in section 16A(1)

are not satisfied or because of subsection (1) or (2), the

magistrates’court specified in the two justice procedure notice or, if

different, the magistrates’ court trying the written charge must—

(a)
adjourn the trial, if it has begun, and

(b)
issue a summons directed to the accused requiring the accused to

appear before a magistrates’ court for the trial of the written

charge.

(4)
A magistrates’ court issuing a summons under subsection (3)(b) may be

composed of two justices.

16C
Cases that cease to be tried in accordance with section 16A

(1)
If a magistrates’ court decides, after 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 continue to try the charge in that

way.

(2)
If a magistrates’ court trying a written charge in accordance with

section 16A proposes, after the accused is convicted of the offence, to

order the accused to be disqualified under section 34 or 35 of the Road

Traffic Offenders Act 1988—

(a)
the court must give the accused the opportunity to make 5

representations or further representations about the proposed

disqualification, and

(b)
if the accused indicates a wish to make such representations, the

court may not continue to try the case in accordance with

(c)
section 16A.

(3)
If a magistrates’ court may not continue to try a written charge in

accordance with section 16A because of subsection (1) or (2), the

magistrates’ court must—

(a)
adjourn the trial, and

(b)
issue a summons directed to the accused requiring the accused to

appear before a magistrates’ court to be dealt with in respectof

the offence.

16D
Sections 16B and 16C: further provision

(1)
If a summons is issued under section 16B(3)(b) or 16C(3)(b)—

(a)
a reference in sections 11 to 13 to a summons issued under 20

section 1 is to be read, for the purposes of subsequent

proceedings as regards the matter, as if it included a reference to

a summons issued under section 16B(3)(b) or 16C(3)(b) (as the

case may be), and

(b)
the magistrates’ court that issued the summons under section 25

16B(3)(b) or 16C(3)(b) and the magistrates’ court specified in

the summons are to be treated, for those purposes, as if they

were in the same local justice area.

(2)
If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a

justice of the peace may issue a summons directed to the accused

Public Bill Committee: 27 March 2014
161

Criminal Justice and Courts Bill, continued

requiring the accused to appear before the magistrates’ court specified in

the summons under section 16B(3)(b) or 16C(3)(b) for the purpose

specified in that summons; and subsection (1)(a) applies in relation to a

summons under this section as it applies in relation to a summons

under section 16B(3)(b) or 16C(3)(b).

(3)
Where a summons has been issued under section 16B(3)(b) or 16C(3)(b),

a magistrates’ court that afterwards tries the written charge or deals with

the accused for the offence must be—

(a)
composed as described in section 121(1), or

(b)
composed of a District Judge (Magistrates’ Courts) sitting alone

by virtue of section 26 of the Courts Act 2003.

(4)
Where—

(a)
the accused is convicted of an offence before a matter is

adjourned under section 16C(3)(a), and

(b)
the matter is tried after the adjournment by another

magistrates’ court,


that other magistrates’ court is to be treated as if it were the court that

convicted the accused for the purposes of section 142(2).

16E
Accused not aware of two justice procedure notice

(1)
This section applies if—

(a)
a two justice procedure notice has been issued, and

(b)
the written charge is being tried, or has been tried, in

accordance with section 16A.

(2)
The proceedings subsequent to the two justice procedure notice are void

if—

(a)
the accused makes a statutory declaration that the accused did

not know of the two justice procedure notice or the

proceedings until a date that the accused specifies in the

statutory declaration,

(b)
that date is a date after a magistrates’ court began to try the

written charge,

(c)
the declaration is served on the designated officer for the

magistrates’ court specified in the two justice procedure notice

within 21 days of that date in such manner as Criminal

Procedure Rules may prescribe, and

(d)
at the same time as serving the declaration, the accused

responds to the two justice procedure notice by serving a

written notification on that designated officer.

(3)
Subsection (2) does not affect the validity of a written charge or a two

justice procedure notice.

(4)
A magistrates’ court may accept service of a statutory declaration

required by subsection (2) after the period described in subsection (2)(c)

if, on application by the accused, it appears to the court that it was not

reasonable to expect the accused to serve that statutory declaration

within that period.

(5)
A magistrates’ court that accepts a statutory declaration under

subsection (4) is to be treated as accepting service of a written

notification that is served at the same time.

Public Bill Committee: 27 March 2014
162

Criminal Justice and Courts Bill, continued

(6)
A statutory declaration accepted under subsection (4) and a written

notification treated as accepted under subsection (5) are to be treated as

having been served as required by subsection (2)

(7)
If proceedings have become void under subsection (2), the reference in

section 16A to the period within which a written notification must be

served is to be read as referring to a period that ends on—

(a)
the date on which a written notification is served under

subsection (2)(d), or

(b)
if a magistrates’ court is treated as accepting service of a written

notification by virtue of subsection (5), the date on which the

written notification is so treated as accepted.

(8)
If proceedings have become void under subsection (2), the written

charge may not be tried again by any of the same justices.

(9)
A magistrates’ court carrying out functions under subsection (4) may be

composed of a two justices.”.’.

Trial by two justices on the papers: sentencing etc

Mr Andy Slaughter

Dan Jarvis

NC15

To move the following Clause:—

‘(1)
In section 121 of the Magistrates’ Courts Act 1980 (constitution etc of a

magistrates’ court), after subsection (5) insert—

“(5A)
A magistrates’ court that is trying a summary offence in accordance with

section 16A is restricted to the following in dealing with the accused

for the offence—

(a)
imposing a fine;

(b)
imposing a penalty under section 102(3)(aa) of the Customs and

Excise Management Act 1979 or section 29, 35A or 37 of the

Vehicle Excise and Registration Act 1994 (penalties imposed

for certain offences in relation to vehicle excise licences);

(c)
ordering an amount to be paid under section 30, 36 or 38 of the

Vehicle Excise and Registration Act 1994 (liability to additional

duty);

(d)
making an order under section 130(1) of the Powers of Criminal

Courts (Sentencing) Act 2000 (compensation orders);

(e)
ordering payment of a surcharge under section 161A of the

Criminal Justice Act 2003 (victim surcharge);

(f)
making an order as to costs to be paid by the accused to the

prosecutor under section 18 of the Prosecution of Offences Act

1985;

(g)
making an order as to costs to be paid by the accused by virtue

of section 19 of the Prosecution of Offences Act 1985;

(h)
ordering payment of a charge under section 21A of the

Prosecution of Offences Act 1985 (criminal courts charge);

Public Bill Committee: 27 March 2014
163

Criminal Justice and Courts Bill, continued

(i)
making an order under section 34 or 35 of the Road Traffic

Offenders Act 1988 (disqualification from driving);

(j)
making an order under section 44 of the Road Traffic Offenders

Act 1988 (endorsement of a driving record);

(k)
making an application to the Secretary of State by virtue of

section 24(1)(a) of the Criminal Justice Act 1991 (benefit

deductions);

(l)
making an attachment of earnings order under Part 3 of

Schedule 5 to the Courts Act 2003;

(m)
making an application for benefits deductions to the Secretary of

State under Part 3 of Schedule 5 to the Courts Act 2003;

(n)
making a collection order under Part 4 of Schedule 5 to the

Courts Act 2003;

(5B)
The limit in subsection (5) does not apply to fines imposed as described

in subsection (5A).”.’.

Protection of confidential information for victims of domestic and sexual abuse

Dan Jarvis

Mr Andy Slaughter

Sarah Champion

NC16

To move the following Clause:—

‘(1)
The Secretary of State shall—

(a)
issue mandatory codes of practice to ensure that safe addresses and other

confidential contact information which would otherwise be subject to

disclosure during court proceedings, is provided only to relevant court

officials in cases involving victims of domestic and sexual violence or

abuse; and

(b)
by order bring such codes into effect as soon as reasonably practicable.

(2)
Court officials in receipt of confidential information under subsection (1)(a) have

a duty to prevent the unauthorised disclosure of such information.

(3)
The codes of practice shall apply to all courts.’.

Permission hearing and costs

Mr Andy Slaughter

Dan Jarvis

NC19

To move the following Clause:—

‘(1)
The High Court shall order the costs of any hearing to determine an application

for leave pursuant to section 31 of the Supreme Courts Act 1981 to be paid by the

Public Bill Committee: 27 March 2014
164

Criminal Justice and Courts Bill, continued

unsuccessful party unless there is an exceptional circumstance which would make

such an order unjust.

(2)
In this section, “unsuccessful party” means—

(a)
the respondent in case where leave is granted; or

(b)
the claimant in case where leave is refused.’.

Aggravated offences and discrimination towards members of the armed forces

Dan Jarvis

Vernon Coaker

Gemma Doyle

NC22

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—

(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.

Public Bill Committee: 27 March 2014
165

Criminal Justice and Courts Bill, continued

(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

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.’.

Information and education for jurors

Mr Andy Slaughter

NC24

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.

Public Bill Committee: 27 March 2014
166

Criminal Justice and Courts Bill, continued

Mr Shailesh Vara

170

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

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:



© Parliamentary copyright	Revised 27 March 2014