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| Criminal Justice and Courts Bill
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| [NINTH AND TENTH Sittings]
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| Clause 24, page 23, line 12, leave out ‘single’ and insert ‘two’. |
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| Clause 24, page 23, line 23, leave out subsection (4) and insert— |
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| | ‘( ) | In subsection (3), for “The” substitute “Where a relevant prosecutor issues a |
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| | written charge and a requisition, the”.’. |
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| Clause 24, page 23, line 28, at end insert— |
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| | ‘“(3ZA) | Where a relevant prosecutor issues a written charge and a single justice procedure |
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| | notice, the written charge and notice must be served on the person concerned, and |
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| | a copy of both must be served on the designated officer specified in the notice.’. |
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| Clause 24, page 23, line 29, leave out first ‘the’ and insert ‘a’. |
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| Clause 24, page 24, line 5, after ‘issue’ insert ‘written charges,’. |
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| Clause 24, page 24, line 7, after ‘only’ insert ‘written charges and’. |
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| Clause 24, page 24, line 15, at end insert— |
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| | ‘(11) | No offences shall be triable under this procedure unless specified in regulations |
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| | made by the Secretary of State and of which a draft has been laid before, and |
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| | approved by each House of Parliament.’. |
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| | Clause, as amended, Agreed to. |
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| Clause 26, page 25, leave out lines 27 to 32. |
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| Clause 26, page 25, line 27, leave out ‘for the magistrates’ court’. |
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| Clause 26, page 25, line 38, at end insert— |
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| | ‘(c) | a submission from the DVLA to inform the court of any penalty points |
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| | endorsed on the defendant’s driver record.’. |
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| Clause 26, page 26, line 2, leave out ‘for the magistrates’ court’. |
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| Clause 26, page 26, leave out lines 5 and 6. |
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| Clause 26, page 26, line 7, leave out from ‘parties’ to end. |
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| Clause 26, page 26, leave out lines 15 to 17 and insert— |
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| | ‘( ) | Any magistrates’ court may try a written charge in accordance with subsections |
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| | (3) to (8), whether or not its designated officer is specified in the single justice |
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| Clause 26, page 26, line 18, at end insert— |
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| | ‘(12) | Prior to a paper procedure the court must publish the cases to which it will apply |
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| | and when it will take place, and |
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| | (13) | Following a paper procedure the court must publish the outcome.’. |
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| Clause 26, page 26, line 27, leave out ‘for the magistrates’ court’. |
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| Clause 26, page 26, line 33, leave out from ‘court’ to ‘must’ in line 34 and insert |
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| ‘dealing with the matter’. |
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| Clause 26, page 27, line 24, leave out from ‘be)’ to end of line 28. |
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| Clause 26, page 27, line 31, leave out from ‘before’ to ‘and’ in line 33 and insert ‘a |
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| magistrates’ court for the purpose specified in the earlier summons;’. |
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| Clause 26, page 28, line 5, at end insert— |
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| | ‘( ) | This section does not apply if the trial of the written charge has been adjourned |
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| | under section 16B(3)(a) or 16C(3)(a).’. |
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| Clause 26, page 28, line 11, at end insert ‘or that the accused did not understand the |
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| documents specified in 16(a)(2).’. |
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| Clause 26, page 28, line 14, leave out ‘for the magistrates’ court’. |
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| | Clause, as amended, Agreed to. |
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| Clause 27, page 29, leave out line 39. |
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| Clause 29, page 30, line 7, leave out ‘must’ and insert ‘may’. |
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| Clause 29, page 30, line 8, leave out ‘in respect of’ and insert ‘of up to 50 per cent |
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| Clause 29, page 30, line 10, after ‘(3)’, insert ‘and (3A)’. |
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| Clause 29, page 30, line 11, at end insert— |
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| | ‘(c) | it being just and reasonable to do so in the opinion of the court’. |
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| Clause 29, page 30, line 11, at end insert— |
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| | ‘(1A) | A reasonable assessment of the defendant’s finances must be taken before a |
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| | collection date for any court costs is decided.’. |
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| Clause 29, page 30, line 15, at end insert— |
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| | ‘(3A) | An order must not be made— |
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| | (a) | if in the opinion of the court it may affect a decision on plea; |
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| | (b) | where enforcement costs are likely to amount to more than the value of |
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| | (c) | in relation to any part of the hearing for which the defendant was not |
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| | (d) | in relation to any appeal; and |
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| | (e) | before a written means assessment has been carried out.’. |
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| Clause 29, page 30, line 28, at end insert— |
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| | ‘(6) | The court must give reasons for either imposing or not imposing court charges.’. |
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| Clause 29, page 30, line 28, at end insert— |
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| | ‘(6) | Where there is more than one defendant the charge shall be equally divided |
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| Clause 29, page 30, line 30, leave out ‘must’ and insert ‘may’. |
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| Clause 29, page 30, line 43, leave out ‘must’ and insert ‘may’. |
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| Clause 29, page 31, line 10, leave out ‘must’ and insert ‘may’. |
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| Clause 29, page 32, line 26, leave out ‘person’ and insert ‘person over 21 years of |
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| Page 30, line 1, leave out Clause 29. |
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| Clause 30, page 33, line 5, leave out ‘3 years’ and insert ‘12 months’. |
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| Clause 30, page 33, line 10, leave out ‘may’ and insert ‘must’. |
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| Clause 31, page 34, line 27, at end insert— |
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| | ‘(7) | The power to vary orders under this paragraph may only be exercised by an |
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| | officer of court directly employed by HMCTS.’. |
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| Clause 32, page 34, line 34, leave out subparagraph (a). |
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| Clause 32, page 34, line 37, leave out subparagraph (b). |
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| Clause 32, page 34, leave out from line 40 to end of line 7 on page 35 and insert— |
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| | ‘(3A) | Where the “alternative conditions” are satisfied, any party may apply to the |
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| | Supreme Court for a certificate enabling an appeal to be made directly to the |
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| | (3B) | The “alternative conditions” are that a point of law of general public importance |
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| | is involved in the decision and that— |
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| | (a) | the proceedings entail a decision relating to a matter of national |
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| | importance or consideration of such a matter; |
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| | (b) | the result of the proceedings is so significant (whether considered on its |
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| | own or together with other proceedings or likely proceedings) that, a |
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| | hearing by the Supreme Court is justified; and |
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| | (c) | the benefits of earlier consideration by the Supreme Court outweigh the |
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| | benefits of consideration by the Court of Appeal.’. |
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| Clause 32, page 34, line 43, leave out subparagraph (a). |
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| Clause 32, page 35, line 18, at end insert— |
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| | ‘(5) | In section 15 (cases excluded from section 12) after subsection (4), insert— |
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| | “(5) | No certificate shall be granted under section 12 of this Act in any case |
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| | where a declaration pursuant to section 6 of the Justice and Security Act |
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| | 2013 (c. 18) has been made. |
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| | (6) | No certificate shall be granted under section 12 of this Act without the |
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| | consent of one or more parties unless by decision of the Supreme Court |
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| | following an oral hearing. |
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| | (7) | No certificate shall be granted under section 12 of this Act where one or |
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| | more of the parties is unrepresented.”.’. |
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| Clause 33, page 37, line 30, after subsection (4), insert— |
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| | ‘(5) | No certificate shall be granted under section 12 of this Act in any case where a |
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| | declaration pursuant to section 6 of the Justice and Security Act 2013 (c. 18) has |
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| Clause 34, page 39, line 30, after subsection (4), insert— |
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| | ‘(5) | No certificate shall be granted under section 12 of this Act in any proceedings |
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| | where closed material proceedings under Rule 54 of the Employment Tribunals |
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| | Rules of Procedure pursuant to Employment Tribunals (Constitution and Rules |
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| | of Procedure) Regulations 2004 (S.I 2004/1861) have been used.’. |
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| Page 39, line 31, leave out Clause 35. |
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| | Clause Agreed to on division. |
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