Session 2013 - 14
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 27 March 2014          

49

 

Criminal Justice and Courts Bill, continued

 
 

(6)    

In subsection (8)—

 

(a)    

for ““public prosecutor”, substitute ““relevant prosecutor””, and

 

(b)    

after ““requisition”” insert “two justice procedure notice””.’.

 


 

Trial by two justices on the papers

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  NC14

 

To move the following Clause:—

 

‘(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)    

after 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—

 

Trial by two justices on the papers

 

16A    

Trial by two justices 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

 

imprisonment,

 

(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)    

service 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 two justice procedure notice,

 

within the period prescribed by Criminal Procedure Rules, 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 two justice procedure notice (see section

 

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—


 
 

Public Bill Committee Proceedings: 27 March 2014          

50

 

Criminal Justice and Courts Bill, continued

 
 

(a)    

the 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 two justice

 

procedure notice within the period prescribed by Criminal Procedure

 

Rules.

 

(5)    

The court may try the charge in the absence of the parties.

 

(6)    

The court may not remand the accused.

 

(7)    

If the resumed trial is to be conducted in accordance with subsections 10

 

(3) to (7), no notice is required of the resumption of the trial after an

 

adjournment.

 

(8)    

A magistrates’ court acting under this section may be composed of two

 

justices.

 

(9)    

A magistrates’ court not specified in the two justice procedure notice  may

 

try a written charge in accordance with subsections (3) to (8) as if it were

 

the magistrates’ court so specified.

 

(10)    

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

 

16B    

Cases not tried in accordance with section 16A

 

(1)    

If 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

 

section 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 two justice

 

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.


 
 

Public Bill Committee Proceedings: 27 March 2014          

51

 

Criminal Justice and Courts Bill, continued

 
 

(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  

 

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).


 
 

Public Bill Committee Proceedings: 27 March 2014          

52

 

Criminal Justice and Courts Bill, continued

 
 

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.

 

(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.”.’.

 



 
 

Public Bill Committee Proceedings: 27 March 2014          

53

 

Criminal Justice and Courts Bill, continued

 
 

Trial by two justices on the papers: sentencing etc

 

Mr Andy Slaughter

 

Dan Jarvis

 

Not called  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);

 

(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).”.’.

 



 
 

Public Bill Committee Proceedings: 27 March 2014          

54

 

Criminal Justice and Courts Bill, continued

 
 

Protection of confidential information for victims of domestic and sexual abuse

 

Dan Jarvis

 

Mr Andy Slaughter

 

Sarah Champion

 

Withdrawn  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

 

Withdrawn  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

 

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

 

Withdrawn  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—


 
previous section contents continue
 

© Parliamentary copyright
Revised 28 March 2014