House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

19

House of Commons

Tuesday 25 March 2014

Public Bill Committee Proceedings

Criminal Justice and Courts Bill

[NINTH AND TENTH Sittings]

Mr Andy Slaughter

Dan Jarvis

Not selected  47

Clause  24,  page  23,  line  12,  leave out ‘single’ and insert ‘two’.

Mr Shailesh Vara

Agreed to  48

Clause  24,  page  23,  line  23,  leave out subsection (4) and insert—

‘( )
In subsection (3), for “The” substitute “Where a relevant prosecutor issues a

written charge and a requisition, the”.’.

Mr Shailesh Vara

Agreed to  49

Clause  24,  page  23,  line  28,  at end insert—

‘“(3ZA)
Where a relevant prosecutor issues a written charge and a single justice procedure

notice, the written charge and notice must be served on the person concerned, and

a copy of both must be served on the designated officer specified in the notice.’.

Mr Shailesh Vara

Agreed to  50

Clause  24,  page  23,  line  29,  leave out first ‘the’ and insert ‘a’.

Mr Shailesh Vara

Agreed to  51

Clause  24,  page  24,  line  5,  after ‘issue’ insert ‘written charges,’.

Mr Shailesh Vara

Agreed to  52

Clause  24,  page  24,  line  7,  after ‘only’ insert ‘written charges and’.

Mr Andy Slaughter

Withdrawn  39

Clause  24,  page  24,  line  15,  at end insert—

Public Bill Committee Proceedings: 25 March 2014
20

Criminal Justice and Courts Bill, continued

‘(11)
No offences shall be triable under this procedure unless specified in regulations

made by the Secretary of State and of which a draft has been laid before, and

approved by each House of Parliament.’.

Clause, as amended, Agreed to.

Clause 25 Agreed to.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  40

Clause  26,  page  25,  leave out lines 27 to 32.

Mr Shailesh Vara

Agreed to  53

Clause  26,  page  25,  line  27,  leave out ‘for the magistrates’ court’.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  41

Clause  26,  page  25,  line  38,  at end insert—

‘(c)
a submission from the DVLA to inform the court of any penalty points

endorsed on the defendant’s driver record.’.

Mr Shailesh Vara

Agreed to  54

Clause  26,  page  26,  line  2,  leave out ‘for the magistrates’ court’.

Mr Andy Slaughter

Dan Jarvis

Negatived on division  42

Clause  26,  page  26,  leave out lines 5 and 6.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  43

Clause  26,  page  26,  line  7,  leave out from ‘parties’ to end.

Mr Shailesh Vara

Agreed to  54A

Clause  26,  page  26,  leave out lines 15 to 17 and insert—

‘( )
Any magistrates’ court may try a written charge in accordance with subsections

(3) to (8), whether or not its designated officer is specified in the single justice

procedure notice.’.

Mr Andy Slaughter

Dan Jarvis

Not called  44

Clause  26,  page  26,  line  18,  at end insert—

Public Bill Committee Proceedings: 25 March 2014
21

Criminal Justice and Courts Bill, continued

‘(12)
Prior to a paper procedure the court must publish the cases to which it will apply

and when it will take place, and

(13)
Following a paper procedure the court must publish the outcome.’.

Mr Shailesh Vara

Agreed to  55

Clause  26,  page  26,  line  27,  leave out ‘for the magistrates’ court’.

Mr Shailesh Vara

Agreed to  56

Clause  26,  page  26,  line  33,  leave out from ‘court’ to ‘must’ in line 34 and insert

‘dealing with the matter’.

Mr Shailesh Vara

Agreed to  57

Clause  26,  page  27,  line  24,  leave out from ‘be)’ to end of line 28.

Mr Shailesh Vara

Agreed to  58

Clause  26,  page  27,  line  31,  leave out from ‘before’ to ‘and’ in line 33 and insert ‘a

magistrates’ court for the purpose specified in the earlier summons;’.

Mr Shailesh Vara

Agreed to  59

Clause  26,  page  28,  line  5,  at end insert—

‘( )
This section does not apply if the trial of the written charge has been adjourned

under section 16B(3)(a) or 16C(3)(a).’.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  45

Clause  26,  page  28,  line  11,  at end insert ‘or that the accused did not understand the

documents specified in 16(a)(2).’.

Mr Shailesh Vara

Agreed to  60

Clause  26,  page  28,  line  14,  leave out ‘for the magistrates’ court’.

Clause, as amended, Agreed to.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  46

Clause  27,  page  29,  leave out line 39.

Clause Agreed to.

Clause 28 Agreed to.

Public Bill Committee Proceedings: 25 March 2014
22

Criminal Justice and Courts Bill, continued

Schedule 5 Agreed to.

Mr Andy Slaughter

Dan Jarvis

Negatived on division  98

Clause  29,  page  30,  line  7,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Not called  99

Clause  29,  page  30,  line  8,  leave out ‘in respect of’ and insert ‘of up to 50 per cent

of total’.

Mr Andy Slaughter

Dan Jarvis

Not called  111

Clause  29,  page  30,  line  10,  after ‘(3)’, insert ‘and (3A)’.

Mr Andy Slaughter

Dan Jarvis

Not called  100

Clause  29,  page  30,  line  11,  at end insert—

‘(c)
it being just and reasonable to do so in the opinion of the court’.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  101

Clause  29,  page  30,  line  11,  at end insert—

‘(1A)
A reasonable assessment of the defendant’s finances must be taken before a

collection date for any court costs is decided.’.

Mr Andy Slaughter

Dan Jarvis

Not called  112

Clause  29,  page  30,  line  15,  at end insert—

‘(3A)
An order must not be made—

(a)
if in the opinion of the court it may affect a decision on plea;

(b)
where enforcement costs are likely to amount to more than the value of

the charge;

(c)
in relation to any part of the hearing for which the defendant was not

responsible;

(d)
in relation to any appeal; and

(e)
before a written means assessment has been carried out.’.

Mr Andy Slaughter

Dan Jarvis

Not called  102

Clause  29,  page  30,  line  28,  at end insert—

‘(6)
The court must give reasons for either imposing or not imposing court charges.’.

Public Bill Committee Proceedings: 25 March 2014
23

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

Withdrawn  113

Clause  29,  page  30,  line  28,  at end insert—

‘(6)
Where there is more than one defendant the charge shall be equally divided

between defendants.’.

Mr Andy Slaughter

Dan Jarvis

Not called  103

Clause  29,  page  30,  line  30,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Not called  104

Clause  29,  page  30,  line  43,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Not called  105

Clause  29,  page  31,  line  10,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  106

Clause  29,  page  32,  line  26,  leave out ‘person’ and insert ‘person over 21 years of

age’.

Mr Andy Slaughter

Dan Jarvis

Not selected  107

Page  30,  line  1,  leave out Clause 29.

Clause Agreed to.

Schedule 6 Agreed to.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  108

Clause  30,  page  33,  line  5,  leave out ‘3 years’ and insert ‘12 months’.

Mr Andy Slaughter

Dan Jarvis

Not called  109

Clause  30,  page  33,  line  10,  leave out ‘may’ and insert ‘must’.

Public Bill Committee Proceedings: 25 March 2014
24

Criminal Justice and Courts Bill, continued

Clause Agreed to.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  110

Clause  31,  page  34,  line  27,  at end insert—

‘(7)
The power to vary orders under this paragraph may only be exercised by an

officer of court directly employed by HMCTS.’.

Clause Agreed to.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  115

Clause  32,  page  34,  line  34,  leave out subparagraph (a).

Mr Andy Slaughter

Dan Jarvis

Not called  114

Clause  32,  page  34,  line  37,  leave out subparagraph (b).

Mr Andy Slaughter

Dan Jarvis

Not called  116

Clause  32,  page  34,  leave out from line 40 to end of line 7 on page 35 and insert—

‘(3A)
Where the “alternative conditions” are satisfied, any party may apply to the

Supreme Court for a certificate enabling an appeal to be made directly to the

Supreme Court.

(3B)
The “alternative conditions” are that a point of law of general public importance

is involved in the decision and that—

(a)
the proceedings entail a decision relating to a matter of national

importance or consideration of such a matter;

(b)
the result of the proceedings is so significant (whether considered on its

own or together with other proceedings or likely proceedings) that, a

hearing by the Supreme Court is justified; and

(c)
the benefits of earlier consideration by the Supreme Court outweigh the

benefits of consideration by the Court of Appeal.’.

Mr Andy Slaughter

Dan Jarvis

Not called  117

Clause  32,  page  34,  line  43,  leave out subparagraph (a).

Mr Andy Slaughter

Dan Jarvis

Withdrawn  118

Clause  32,  page  35,  line  18,  at end insert—

Public Bill Committee Proceedings: 25 March 2014
25

Criminal Justice and Courts Bill, continued

‘(5)
In section 15 (cases excluded from section 12) after subsection (4), insert—

“(5)
No certificate shall be granted under section 12 of this Act in any case

where a declaration pursuant to section 6 of the Justice and Security Act

2013 (c. 18) has been made.

(6)
No certificate shall be granted under section 12 of this Act without the

consent of one or more parties unless by decision of the Supreme Court

following an oral hearing.

(7)
No certificate shall be granted under section 12 of this Act where one or

more of the parties is unrepresented.”.’.

Clause Agreed to.

Mr Andy Slaughter

Dan Jarvis

Not called  119

Clause  33,  page  37,  line  30,  after subsection (4), insert—

‘(5)
No certificate shall be granted under section 12 of this Act in any case where a

declaration pursuant to section 6 of the Justice and Security Act 2013 (c. 18) has

been made.’.

Clause Agreed to.

Mr Andy Slaughter

Dan Jarvis

Not called  120

Clause  34,  page  39,  line  30,  after subsection (4), insert—

‘(5)
No certificate shall be granted under section 12 of this Act in any proceedings

where closed material proceedings under Rule 54 of the Employment Tribunals

Rules of Procedure pursuant to Employment Tribunals (Constitution and Rules

of Procedure) Regulations 2004 (S.I 2004/1861) have been used.’.

Clause Agreed to.

Mr Andy Slaughter

Dan Jarvis

Not selected  121

Page  39,  line  31,  leave out Clause 35.

Clause Agreed to on division.



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