House of Commons Amendments

Session 2013 - 14
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Other Bills before Parliament

31

House of Commons

Thursday 27 March 2014

Public Bill Committee Proceedings

Criminal Justice and Courts Bill

[ElevenTH AND TwelfTH Sittings]

Mr Shailesh Vara

Agreed to  76

Schedule  7,  page  92,  line  30,  leave out ‘and 5F’ and insert ‘to 5G’.

Mr Shailesh Vara

Agreed to  77

Schedule  7,  page  93,  leave out lines 15 to 21.

Mr Shailesh Vara

Agreed to  78

Schedule  7,  page  93,  line  34,  after ‘5F’ insert—

  ‘(A1)
It is not an offence under paragraph 5D for a person to disclose information to

a person listed in sub-paragraph (A2) if—

(a)
the disclosure is made after the jury at the inquest mentioned in

paragraph 5D(1) has been discharged, and

(b)
the person making the disclosure reasonably believes that—

(i)
an offence or contempt of court has been, or may have been,

committed by or in relation to a juror in connection with that

inquest, or

(ii)
conduct of a juror in connection with that inquest may provide

grounds for an application under section 13(1)(b) of the

Coroners Act 1988.

    (A2)
Those persons are—

(a)
a member of a police force;

(b)
the Attorney General’s Office;

(c)
a judge of the High Court;

(d)
the Chief Coroner;

(e)
the senior coroner who dealt with the inquest mentioned in paragraph

5D(1);

(f)
a coroner’s officer or a member of staff assisting a senior coroner who

would reasonably be expected to disclose the information only to a

person mentioned in paragraphs (b) to (e).

    (A3)
It is not an offence under paragraph 5D for a member of a police force to

disclose information for the purposes of obtaining assistance in deciding

Public Bill Committee Proceedings: 27 March 2014
32

Criminal Justice and Courts Bill, continued

whether to submit the information to a person listed in sub-paragraph (A2),

provided that the disclosure does not involve publishing the information.’.

Mr Shailesh Vara

Agreed to  79

Schedule  7,  page  93,  line  34,  leave out ‘General’ and insert ‘General’s Office’.

Mr Shailesh Vara

Agreed to  80

Schedule  7,  page  93,  line  43,  leave out from beginning to end of line 6 on page 94.

Mr Shailesh Vara

Agreed to  81

Schedule  7,  page  94,  line  24,  at end insert—

  ‘(4A)
It is not an offence under paragraph 5D for a person to disclose information in

the course of taking reasonable steps to prepare for proceedings described in

sub-paragraph (4)(a) to (c).’.

Mr Shailesh Vara

Agreed to  82

Schedule  7,  page  94,  leave out lines 27 to 33.

Mr Shailesh Vara

Agreed to  83

Schedule  7,  page  94,  line  34,  at end insert—

‘“the Attorney General’s Office” means the Attorney General, the Solicitor

General or a member of staff of the Attorney General’s Office;’.

Mr Shailesh Vara

Agreed to  84

Schedule  7,  page  94,  line  41,  at end insert—

‘(da)
a senior coroner, area coroner or assistant coroner;’.

Mr Shailesh Vara

Agreed to  85

Schedule  7,  page  94,  line  46,  at end insert—

‘Exceptions for soliciting disclosures or obtaining information

5G  (1)
It is not an offence under paragraph 5D to solicit a disclosure described in

paragraph 5E(1) to (4) or paragraph 5F(A1) to (5).

      (2)
It is not an offence under paragraph 5D to obtain information—

(a)
by means of a disclosure described in paragraph 5E(1) to (4) or

paragraph 5F(A1) to (5), or

(b)
from a document that is available to the public or a section of the

public.”’.

Schedule, as amended, Agreed to.

Clause 47 Agreed to.

Public Bill Committee Proceedings: 27 March 2014
33

Criminal Justice and Courts Bill, continued

Mr Shailesh Vara

Agreed to  86

Schedule  8,  page  98,  line  6,  leave out ‘and 7’ and insert ‘to 7A’.

Mr Shailesh Vara

Agreed to  87

Schedule  8,  page  99,  leave out lines 1 to 7.

Mr Shailesh Vara

Agreed to  88

Schedule  8,  page  99,  line  21,  after ‘7’ insert—

  ‘(A1)
It is not an offence under paragraph 5 for a person to disclose information to a

person listed in sub-paragraph (A2) if—

(a)
the disclosure is made after the proceedings mentioned in paragraph

5(1) terminate, and

(b)
the person making the disclosure reasonably believes that—

(i)
an offence or contempt of court has been, or may have been,

committed by or in relation to a lay member in connection

with those proceedings, or

(ii)
conduct of a lay member in connection with those proceedings

may provide grounds for an appeal against conviction or

sentence.

    (A2)
Those persons are—

(a)
a member of a police force listed in section 375;

(b)
a judge of the Court of Appeal;

(c)
a judge of the Court Martial Appeal Court;

(d)
the registrar of criminal appeals;

(e)
the judge advocate who dealt with the proceedings mentioned in

paragraph 5(1);

(f)
the court administration officer for the Court Martial;

(g)
a member of the Military Court Service who would reasonably be

expected to disclose the information only to a person mentioned in

paragraphs (b) to (f).

    (A3)
It is not an offence under paragraph 5 for a member of a police force listed in

section 375 to disclose information for the purposes of obtaining assistance in

deciding whether to submit the information to a judge of the Court of Appeal,

a judge of the Court Martial Appeal Court or the registrar of criminal appeals,

provided that the disclosure does not involve publishing the information.’.

Mr Shailesh Vara

Agreed to  89

Schedule  8,  page  99,  line  33,  leave out second ‘to’ and insert ‘for the purposes of

enabling or assisting’.

Mr Shailesh Vara

Agreed to  90

Schedule  8,  page  99,  line  37,  leave out ‘for the purposes of considering’ and insert

‘to consider’.

Mr Shailesh Vara

Agreed to  91

Schedule  8,  page  99,  line  40,  leave out from beginning to end of line 4 on page 100.

Public Bill Committee Proceedings: 27 March 2014
34

Criminal Justice and Courts Bill, continued

Mr Shailesh Vara

Agreed to  92

Schedule  8,  page  100,  line  6,  after ‘(1)’ insert ‘or (2)’.

Mr Shailesh Vara

Agreed to  93

Schedule  8,  page  100,  line  7,  at end insert ‘or consideration in question’.

Mr Shailesh Vara

Agreed to  94

Schedule  8,  page  100,  line  20,  at end insert—

  ‘(5A)
It is not an offence under paragraph 5 for a person to disclose information in

the course of taking reasonable steps to prepare for proceedings described in

sub-paragraph (5)(a) to (c).’.

Mr Shailesh Vara

Agreed to  95

Schedule  8,  page  100,  leave out lines 23 to 29.

Mr Shailesh Vara

Agreed to  96

Schedule  8,  page  100,  line  44,  at end insert—

‘Disclosing information about members’ deliberations: exceptions for soliciting

disclosures or obtaining information

7A  (1)
It is not an offence under paragraph 5 to solicit a disclosure described in

paragraph 6(1) to (4) or paragraph 7(A1) to (6).

      (2)
It is not an offence under paragraph 5 to obtain information—

(a)
by means of a disclosure described in paragraph 6(1) to (4) or

paragraph 7(A1) to (6), or

(b)
from a document that is available to the public or a section of the

public.’.

Schedule, as amended, Agreed to.

Clause 48 Agreed to.

Clause 49 Agreed to.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  135

Clause  50,  page  52,  line  3,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Not called  136

Clause  50,  page  52,  line  5,  leave out ‘not’ and insert ‘choose not to’.

Public Bill Committee Proceedings: 27 March 2014
35

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

Not moved  137

Clause  50,  page  52,  line  7,  leave out ‘highly likely’ and insert ‘inevitable’.

Mr Andy Slaughter

Dan Jarvis

Not selected  138

Clause  50,  page  52,  line  15,  leave out ‘and’.

Mr Andy Slaughter

Dan Jarvis

Not called  139

Clause  50,  page  52,  line  18,  leave out ‘highly likely’ and insert ‘inevitable’.

Mr Andy Slaughter

Dan Jarvis

Not called  140

Clause  50,  page  52,  line  19,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Not selected  141

Clause  50,  page  52,  line  38,  leave out ‘and’.

Mr Andy Slaughter

Dan Jarvis

Not called  142

Clause  50,  page  52,  line  44,  leave out ‘highly likely’ and insert ‘inevitable’.

Mr Andy Slaughter

Dan Jarvis

Not selected  143

Page  51,  line  35,  leave out Clause 50.

Clause Agreed to on division.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  144

Clause  51,  page  53,  line  16,  at end insert ‘or the Court has ordered that such

prescribed information need not be provided in whole or in part’.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  145

Clause  51,  page  53,  line  21,  leave out ‘likely to be available’.

Public Bill Committee Proceedings: 27 March 2014
36

Criminal Justice and Courts Bill, continued

Mr Andy Slaughter

Dan Jarvis

Not selected  146

Clause  51,  page  53,  line  22,  leave out ‘and’.

Mr Andy Slaughter

Dan Jarvis

Not called  147

Clause  51,  page  53,  line  43,  leave out ‘likely to be available’.

Mr Andy Slaughter

Dan Jarvis

Not selected  148

Clause  51,  page  53,  line  44,  leave out ‘and’.

Mr Andy Slaughter

Dan Jarvis

Not selected  149

Page  53,  line  7,  leave out Clause 51.

Clause Agreed to on division.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  150

Clause  52,  page  54,  line  7,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  152

Clause  52,  page  54,  line  12,  at end insert—

‘(1)
Where the information in subsection (2) includes confidential information about

the financial position of a natural person the Court may to the extent necessary to

protect the confidentiality of such information—

(a)
sit in private, and

(b)
impose reporting restrictions.’.

Mr Andy Slaughter

Dan Jarvis

Not called  151

Clause  52,  page  54,  line  13,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  153

Clause  52,  page  54,  line  16,  leave out from ‘proceedings’ to end of line 16 and

insert ‘and who has in fact provided such financial support.’.

Public Bill Committee Proceedings: 27 March 2014
37

Criminal Justice and Courts Bill, continued

Clause Agreed to on division.

Mr Andy Slaughter

Dan Jarvis

Withdrawn  154

Clause  53,  page  54,  line  31,  leave out ‘not’.

Mr Andy Slaughter

Dan Jarvis

Not called  155

Clause  53,  page  54,  line  33,  at end insert ‘if the court considers it appropriate to do

so’.

Mr Andy Slaughter

Dan Jarvis

Not called  156

Clause  53,  page  54,  leave out lines 34 and 35.

Dr Julian Huppert

Negatived on division  63

Clause  53,  page  54,  line  36,  leave out subsections (4) and (5).

Mr Andy Slaughter

Dan Jarvis

Not called  158

Clause  53,  page  54,  line  36,  leave out subsections (4), (5) and (6) and insert—

‘( )
On an application to the High Court or the Court of Appeal by a relevant party to

the proceedings, the court may order the intervener to pay such costs as the court

considers just.

( )
An order under subsection (4) will not be considered just unless exeptional

circumstances apply.

( )
For the purposes of subsection (5), exceptional circumstances include where an

intervener has in substance acted as if it were the principal applicant, appellant or

respondent in the case.’.

Mr Andy Slaughter

Dan Jarvis

Not called  157

Clause  53,  page  54,  line  37,  leave out ‘must’ and insert ‘may’.

Mr Andy Slaughter

Dan Jarvis

Not called  159

Clause  53,  page  54,  line  39,  at end insert ‘if the court considers it appropriate to do

so’.

Dr Julian Huppert

Not called  64

Clause  53,  page  54,  line  43,  leave out ‘or (5)’.



© Parliamentary copyright	Revised 28 March 2014