Criminal Justice and Courts Bill (HC Bill 169)

18 Contracting out secure colleges

In Schedule 4—

(a) Part 1 makes provision about contracting out the provision and
running of secure colleges,

(b) 5Part 2 makes provision about the certification of secure college custody
officers,

(c) Part 3 makes provision about contracting out functions at directly
managed secure colleges,

(d) Part 4 contains definitions, and

(e) 10Part 5 contains further amendments relating to contracted-out secure
colleges.

19 Powers of Youth Justice Board in relation to provision of accommodation

(1) Section 41(5)(i) of the Crime and Disorder Act 1998 (functions of the Youth
Justice Board of entering into agreements for the provision of accommodation)
15is amended as follows.

(2) In sub-paragraph (ii)—

(a) after “2000” insert “, section 226, 226B or 228 of the Criminal Justice Act
2003”, and

(b) for “or 218” substitute “218, 221, 221A or 222”.

(3) 20Omit sub-paragraphs (v) and (vi).

Other matters

20 Youth cautions and conditional cautions: involvement of appropriate adults

(1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 66ZA (youth cautions)—

(a) 25in subsection (2) (caution to be given in presence of appropriate adult),
omit “given to a person under the age of 17”, and

(b) in subsection (3)(b) (certain matters to be explained to appropriate
adult), omit “where that person is under the age of 17,”.

(3) In section 66B(5) (requirements for giving youth conditional cautions:
30explanation and warning to be given in presence of appropriate adult), omit “If
the offender is aged 16 or under,”.

21 Referral orders: alternatives to revocation for breach

(1) In Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000, after
paragraph 6 insert—

35“Power of court to impose fine or extend period for which contract has effect

6A (1) This paragraph applies where—

(a) an offender has been referred back to the appropriate court
under section 22(2), 26(5) or 27(4), and

(b) it is proved to the satisfaction of the court that the offender
has failed, without reasonable excuse, to comply with the
terms of a contract under section 23.

(2) If the court does not revoke the order under paragraph 5 it may—

(a) 5order the offender to pay a fine of an amount not exceeding
£2,500, or

(b) make an order extending the length of the period for which
the contract under section 23 has effect.

(3) The court may not extend the length of the period for which the
10contract has effect so that it becomes longer than 12 months.

(4) If the period for which the contract has effect has expired (whether
before or after the referral of the offender back to court) the court—

(a) may make an order under sub-paragraph (2)(a), but

(b) may not make an order under sub-paragraph (2)(b).

(5) 15The court may not exercise a power under sub-paragraph (2) unless
the offender is present before it.

(6) A fine imposed under sub-paragraph (2)(a) is to be treated, for the
purposes of any enactment, as being a sum adjudged to be paid by a
conviction.

(7) 20The Secretary of State may by order amend any sum for the time
being specified in sub-paragraph (2)(a).”

22 Referral orders: extension on further conviction

(1) For paragraphs 10 to 12 of Schedule 1 to the Powers of Criminal Courts
(Sentencing) Act 2000 substitute—

“10 (1) 35This paragraph applies where—

(a) an offender aged under 18 is subject to referral, and

(b) a relevant court is dealing with the offender for an offence in
relation to which paragraphs (a) to (c) of section 16(1) apply.

(2) The relevant court may sentence the offender for the offence by
40making an order extending any compliance period.

(3) The relevant court may not extend the length of a compliance period
so that it becomes longer than 12 months.

(4) In this paragraph and paragraph 13 “relevant court” means a youth
court or other magistrates’ court.”

(2) In paragraph 13 of that Schedule—

(a) omit sub-paragraphs (1), (6) and (7),

(b) 5in sub-paragraph (2), for “paragraph 11 or 12 above in respect of the
offence mentioned in paragraph 10 above” substitute “paragraph 10 in
respect of an offence”, and

(c) in sub-paragraph (8), for “paragraphs 10 to 12” substitute
“paragraph 10”.

(3) 10In consequence of the amendments made above—

(a) in paragraphs 5(3) and 9 of that Schedule, for “paragraph 9ZD, 11 or 12”
substitute “paragraphs 9ZD or 10”,

(b) in the heading before paragraph 13 of that Schedule, for “paragraph 11
and 12” substitute “paragraph 10”, and

(c) 15in paragraph 14(1)(a) of that Schedule, for “paragraph 11 or 12”
substitute “paragraph 10”.

(4) The amendments made by this section apply in relation to a person dealt with
for an offence committed before or after this section comes into force.

23 Referral orders: revocation on further conviction

(1) 20The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In Schedule 1—

(a) in paragraph 14(1)(b) (further conviction: cases where revocation not
available), for “absolutely” substitute “, whether absolutely or
conditionally”,

(b) 25for paragraph 14(2) substitute—

“(2) The court may revoke the referral order (or any one or more
of the referral orders) if it appears to the court to be in the
interests of justice to do so.

(2A) The revocation of a referral order under sub-paragraph (2)
30has the effect of revoking any related order under paragraph
9ZD or 10.”, and

(c) in the heading before paragraph 14, for “which lead to revocation of
referral” substitute “: power to revoke referral orders”.

(3) In section 18 (making of referral orders: general), after subsection (3) insert—

“(3A) 35Where a court makes a referral order in respect of an offender who is
subject to an earlier referral order, the court may direct that any youth
offender contract under the later order is not to take effect under section
23 until the earlier order is revoked or discharged.”

(4) The amendments made by this section apply in relation to a person dealt with
40for an offence committed before or after this section comes into force.

Part 3 Courts and tribunals

Trial by single justice on the papers

24 Instituting proceedings by written charge

(1) 5Section 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
10time issue—

(a) a requisition, or

(b) a single 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
15charge.

(2B) A single 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) 20if 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 or single justice
25procedure notice”, and

(b) after “the requisition” insert “or, as the case may be, the single justice
procedure notice”.

(5) After subsection (3) insert—

“(3A) If a single justice procedure notice is served on the person, the relevant
30prosecutor 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) 35The written notification required by a single 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) 40In 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) 5are authorised to issue requisitions and single justice procedure
notices, or

(b) are authorised to issue only single 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
10Justice 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 single justice procedure notices (subject to the order
15specifying that person being varied or revoked).

25 Instituting proceedings: further provision

(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) 20in paragraph (a), for “or requisitions” substitute “, requisitions or single
justice procedure notices”, and

(b) in paragraph (b), for “or requisitions” substitute “, requisitions or single
justice procedure notices”.

(3) In subsection (2)(b), after “further requisitions” insert “or further single justice
25procedure notices”.

(4) In subsection (5)—

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

(b) after paragraph (b) insert “, and

(c) 30any 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 single justice procedure notice (or to a
35relevant prosecutor issuing a single 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
40subsection (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
45of 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) 5after ““requisition”” insert “, “single justice procedure notice””.

26 Trial by single justice on the papers

(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) 10after 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—

15“Trial by single justice on the papers

16A Trial by single justice 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
20imprisonment,

(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) 25service 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 single justice procedure
notice, within the period prescribed by Criminal Procedure
30Rules, 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 single justice procedure notice (see
35section 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) 40the 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 single
justice procedure notice within the period prescribed by Criminal
Procedure Rules.

(5) 5The court is not required to conduct any part of the proceedings in open
court.

(6) The court may try the charge in the absence of the parties and, if a party
appears, must proceed as if the party were absent.

(7) The court may not remand the accused.

(8) 10If the resumed trial is to be conducted in accordance with subsections
(3) to (7), no notice is required of the resumption of the trial after an
adjournment.

(9) A magistrates’ court acting under this section may be composed of a
single justice.

(10) 15A magistrates’ court not specified in the single justice procedure notice
may try a written charge in accordance with subsections (3) to (8) as if
it were the magistrates’ court so specified.

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

16B Cases not tried in accordance with section 16A

(1) 20If 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
25section 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 single
justice procedure notice that the accused does not desire to be tried in
accordance with section 16A.

(3) 30If 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 single justice procedure notice or, if different, the
magistrates’ court trying the written charge must—

(a) 35adjourn 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
40composed of a single justice.

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
45way.

(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) 5the court must give the accused the opportunity to make
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
10section 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) 15issue a summons directed to the accused requiring the accused
to appear before a magistrates’ court to be dealt with in respect
of 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) 20a reference in sections 11 to 13 to a summons issued under
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) 25the magistrates’ court that issued the summons under section
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
30justice of the peace may issue a summons directed to the accused
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
35under 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) 40composed 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) 45the 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 single justice procedure notice

(1) 50This section applies if—

(a) a single 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 single justice procedure notice are
55void if—

(a) the accused makes a statutory declaration that the accused did
not know of the single justice procedure notice or the
proceedings until a date that the accused specifies in the
statutory declaration,

(b) 60that 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 single justice procedure
notice within 21 days of that date in such manner as Criminal
65Procedure Rules may prescribe, and

(d) at the same time as serving the declaration, the accused
responds to the single 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 single
70justice 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
75within 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.

(6) A statutory declaration accepted under subsection (4) and a written
80notification 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) 85the 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) 90If 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 single justice.”

27 Trial by single justice on the papers: sentencing etc

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
5with 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
10Vehicle 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) 15making 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
20prosecutor 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
25Prosecution of Offences Act 1985 (criminal courts charge);

(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) 30making 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) 35making 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;

(o) discharging the accused absolutely or conditionally.

(5B) 40The limit in subsection (5) does not apply to fines imposed as described
in subsection (5A).”

28 Further amendments

Schedule 5 contains further amendments relating to the provision made by
sections 24 to 27.