Criminal Justice and Courts Bill (HC Bill 192)

Criminal Justice and Courts BillPage 80

Issue of certificate

17 (1) The Secretary of State may, on an application by a person, issue a certificate
in respect of the person if satisfied that the person—

(a) is a fit and proper person to perform custodial duties at secure
5colleges, and

(b) has received training to such standard as the Secretary of State
considers appropriate for the performance of those functions.

(2) The certificate must state that it is to cease to be in force on a date or on the
occurrence of an event.

(3) 10Once issued, the certificate continues in force until that date or event, subject
to any previous suspension or revocation under paragraph 18 or 19.

Suspension of certificate

18 (1) This paragraph applies where—

(a) in the case of a secure college custody officer performing custodial
15duties at a contracted-out secure college, it appears to the monitor of
the college that the officer is not a fit and proper person to perform
such duties at secure colleges, or

(b) in the case of a secure college custody officer performing contracted-
out functions at a directly managed secure college, it appears to the
20principal of the college that the officer is not a fit and proper person
to perform custodial duties at secure colleges.

(2) The monitor or principal may—

(a) refer the matter to the Secretary of State for a decision under
paragraph 19, and

(b) 25in circumstances prescribed by regulations made by the Secretary of
State, suspend the officer’s certificate pending that decision.

(3) Regulations under this paragraph may—

(a) prescribe different circumstances for different cases;

(b) include transitional, transitory or saving provision.

(4) 30Regulations under this paragraph are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this paragraph is
subject to annulment in pursuance of a resolution of either House of
Parliament

Revocation of certificate

19 35Where it appears to the Secretary of State that a secure college custody
officer is not a fit and proper person to perform custodial duties at secure
colleges, the Secretary of State may revoke the officer’s certificate.

Criminal Justice and Courts BillPage 81

Part 3 Contracting out functions at directly managed secure colleges

Power to contract out functions at directly managed secure college

20 (1) The Secretary of State may enter into a contract with another person for
5functions to be carried out at a directly managed secure college by secure
college custody officers provided by that person.

(2) In this Schedule, “contracted-out functions” means any functions which, by
virtue of a contract under this paragraph, fall to be performed by secure
college custody officers.

10Powers of officers carrying out contracted-out functions

21 Paragraphs 6(1) and 8 to 11 apply in relation to a secure college custody
officer carrying out contracted-out functions at a directly managed secure
college as they apply in relation to a secure college custody officer carrying
out functions at a contracted-out secure college.

22 15In relation to a directly managed secure college, the reference to an officer of
the prison in section 13(2) of the Prison Act 1952 (legal custody of prisoners),
as it applies to secure colleges, includes a reference to a secure college
custody officer performing custodial duties at the secure college in
accordance with a contract under paragraph 20.

20Obstruction etc of secure college custody officers

23 (1) A person who resists or wilfully obstructs a secure college custody officer
performing contracted-out functions at a directly managed secure college
commits an offence.

(2) A person who commits an offence under this paragraph is liable, on
25summary conviction, to a fine not exceeding level 3 on the standard scale.

Assault of secure college custody officers

24 (1) A person who assaults a secure college custody officer performing
contracted-out functions at a directly managed secure college commits an
offence.

(2) 30A person who commits an offence under this paragraph is liable, on
summary conviction, to imprisonment for a term not exceeding 51 weeks or
a fine (or both).

(3) In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to
3551 weeks is to be read as a reference to 6 months.

(4) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (2) to a fine is to be read as a reference to a fine
not exceeding level 5 on the standard scale.

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Wrongful disclosure of information relating to persons in youth detention accommodation

25 (1) A person who is or has been employed to perform contracted-out functions
at a directly managed secure college commits an offence if the person
discloses any information—

(a) 5which the person acquired in the course of the employment, and

(b) which relates to a particular person detained in youth detention
accommodation.

(2) It is not an offence under this paragraph for a person to disclose
information—

(a) 10in the course of the person’s duty, or

(b) when authorised to do so by the Secretary of State.

(3) A person who commits an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both), and

(b) 15on summary conviction, to imprisonment for a term not exceeding 12
months or a fine (or both).

(4) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in sub-paragraph (3)(b) to 12
months is to be read as a reference to 6 months.

(5) 20In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine
not exceeding the statutory maximum.

Supplementary

26 25The references in paragraphs 20, 21 and 22 to the carrying out of functions
or the performance of custodial duties at a secure college include references
to the carrying out of functions or the performance of such duties for the
purposes of, or for purposes connected with, a secure college.

Part 4 30Definitions

27 In this Schedule—

  • “contracted-out functions” has the meaning given in paragraph 20;

  • “contracted-out secure college” has the meaning given in paragraph 1;

  • “the contractor”, in relation to a contracted-out secure college, has the
    35meaning given in paragraph 1;

  • “directly managed secure college” means a secure college which is not
    a contracted-out secure college;

  • “secure college custody officer” has the meaning given in paragraph 16;

  • “secure college rules” means rules made under section 47 of the Prison
    40Act 1952 for the regulation and management of secure colleges;

  • “sub-contractor”, in relation to a contracted-out secure college, has the
    meaning given in paragraph 1.

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Part 5 Further amendments

Firearms Act 1968 (c. 27)1968 (c. 27)

28 (1) Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that
5Act applies) is amended as follows.

(2) After paragraph 6 insert—

6A An offence under paragraph 14 or 24 of Schedule 4 to the Criminal
Justice and Courts Act 2014 (assaulting secure college custody
officer).

(3) 10In paragraph 8, for “6” substitute “6A”.

Criminal Justice Act 1988 (c. 33)1988 (c. 33)

29 In section 40(3) of the Criminal Justice Act 1988 (powers to join in indictment
count for certain offences), after paragraph (ab) insert—

(ac) an offence under paragraph 14 or 24 of Schedule 4 to the
15Criminal Justice and Courts Act 2014 (assaulting secure
college custody officer);.

Private Security Industry Act 2001 (c. 12)2001 (c. 12)

30 In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001
(manned guarding activities not liable to control), after paragraph (c)
20insert—

(cza) activities that are carried out for the purposes of the
performance of a contract entered into under, or for the
purposes of, paragraph 1 of Schedule 4 to the Criminal
Justice and Courts Act 2014 (contracting out of secure
25colleges) or paragraph 20 of that Schedule (contracted-out
functions at directly managed secure colleges);.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

31 The Children Act 2004 is amended as follows.

32 In section 15(3) (funding of Local Safeguarding Children Boards)—

(a) 30in paragraph (c), after “principal of a” insert “directly managed”, and

(b) in paragraph (d), after “or prison” insert “or the principal of a
contracted-out secure college”.

33 In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—

(a) in paragraph (c), after “principal of a” insert “directly managed”, and

(b) 35in paragraph (d), after “or prison” insert “or the principal of a
contracted-out secure college”.

34 (1) Section 65 (interpretation) is amended as follows.

(2) In subsection (3), at the end insert—

(d) references to a directly managed secure college and to a
40contracted-out secure college, and to the contractor in

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relation to a contracted-out, secure college, have the
meanings given by paragraph 27 of Schedule 4 to the
Criminal Justice and Courts Act 2014.

(3) In subsection (4)—

(a) 5in paragraph (a), omit “or”,

(b) at the end of paragraph (b), insert “or”,

(c) after paragraph (b) insert—

(c) a contract under paragraph 1 of Schedule 4 to the
Criminal Justice and Courts Act 2014 is for the time
10being in force in relation to part of a secure college”,
and

(d) for “or prison” substitute “, prison or secure college”.

Offender Management Act 2007 (c. 21)2007 (c. 21)

35 In section 14(9) of the Offender Management Act 2007 (disclosure)—

(a) 15in paragraph (a), after sub-paragraph (ii) insert—

(iii) a secure college under paragraph 1 of
Schedule 4 to the Criminal Justice and Courts
Act 2014;;

(b) in paragraph (a), for “section in question” substitute “provision in
20question”;

(c) in paragraph (b)(ii), omit the words from “for offenders” to the end.

Section 30

SCHEDULE 5 Trial by single justice on the papers: further amendments

Criminal Law Act 1977 (c. 45)Criminal Law Act 1977 (c. 45)

1 (1) 25Section 39(1) of the Criminal Law Act 1977 (service of summons etc in
Scotland or Northern Ireland) is amended as follows.

(2) After paragraph (c) (but before “and”) insert—

(ca) a single justice procedure notice (within the meaning of that
section) requiring a person charged with an offence to serve
30a written notification stating—

(i) whether or not the person desires to plead guilty, and

(ii) if 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,.

(3) 35In paragraph (d), for “or (c)” substitute “, (c) or (ca)”.

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

2 The Magistrates’ Courts Act 1980 is amended as follows.

3 (1) Section 1 (issue of summons to accused etc) is amended as follows.

(2) In subsection (4A), for “public prosecutor” substitute “relevant prosecutor
40authorised to issue requisitions”.

Criminal Justice and Courts BillPage 85

(3) Omit subsection (4B).

(4) In subsection (6A), for “public prosecutor” substitute “relevant prosecutor”.

4 In section 150(1) (interpretation of other terms)—

(a) omit the entry for “public prosecutor”, “requisition” and “written
5charge”, and

(b) at the appropriate places insert—

  • “relevant prosecutor” has the meaning given by section
    29 of the Criminal Justice Act 2003;”,

  • ““requisition” has the meaning given by section 29 of the
    10Criminal Justice Act 2003;”,

  • ““single justice procedure notice” has the meaning given
    by section 29 of the Criminal Justice Act 2003;”, and

  • ““written charge” has the meaning given by section 29 of
    the Criminal Justice Act 2003;.

15Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

5 (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation of Part 1)
is amended as follows.

(2) In subsection (1)—

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

(b) 20after ““requisition”” insert “, “single justice procedure notice”.

(3) In subsection (2)—

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

(b) after paragraph (ba) insert—

(bb) 25where a relevant prosecutor issues a written charge
and single justice procedure notice, when the written
charge and single justice procedure notice are
issued;.

Road Traffic Offenders Act 1988 (c. 53)Road Traffic Offenders Act 1988 (c. 53)

6 30In section 8 of the Road Traffic Offenders Act 1988 (duty to include date of
birth and sex in written plea of guilty), after paragraph (a) (but before “or”)
insert—

(aa) serves a written notification on the designated officer for a
magistrates’ court stating a desire to plead guilty and to be
35tried in accordance with section 16A of the Magistrates’
Courts Act 1980 (trial by single justice on the papers),.

Criminal Justice and Public Order Act 1994 (c. 33)Criminal Justice and Public Order Act 1994 (c. 33)

7 (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation
etc of witnesses, jurors and others) is amended as follows.

(2) 40In subsection (9)—

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

(b) after ““requisition”” insert “, “single justice procedure notice””.

(3) In subsection (10)(a)(ia)—

Criminal Justice and Courts BillPage 86

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

(b) after “and requisition” insert “or single justice procedure notice”.

Drug Trafficking Act 1994 (c. 37)Drug Trafficking Act 1994 (c. 37)

8 (1) Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs
5prosecutions) is amended as follows.

(2) In subsection (6), for ““public prosecutor”” substitute ““relevant
prosecutor””.

(3) In subsection (6A)(aa), for “public prosecutor” substitute “relevant
prosecutor”.

10Merchant Shipping Act 1995 (c. 21)Merchant Shipping Act 1995 (c. 21)

9 (1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144)
is amended as follows.

(2) In subsection (2)(a)(ia), for “public prosecutor” substitute “relevant
prosecutor”.

(3) 15In subsection (2A), for ““public prosecutor”” substitute ““relevant
prosecutor””.

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

10 (1) In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is
amended as follows.

(2) 20In sub-paragraph (1)(aa), for “public prosecutor” substitute “relevant
prosecutor”.

(3) In sub-paragraph (2A), for ““public prosecutor”” substitute ““relevant
prosecutor””.

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

11 (1) 25Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as
follows.

(2) In subsection (1)(aa)—

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

(b) after “and requisition” insert “or single justice procedure notice”.

(3) 30In subsection (9)—

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

(b) after ““requisition”” insert “, “single justice procedure notice””.

Education Act 2002 (c. 32)Education Act 2002 (c. 32)

12 (1) Section 141F of the Education Act 2002 (restrictions on reporting alleged
35offences by teachers) is amended as follows.

(2) In subsection (15)(b)—

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

(b) after “and requisition” insert “or single justice procedure notice”.

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(3) After subsection (15) insert—

(16) In subsection (15) “relevant prosecutor”, “requisition”, “single justice
procedure notice” and “written charge” have the same meaning as in
section 29 of the Criminal Justice Act 2003.

5Crime (International Co-operation) Act 2003 (c. 32)Crime (International Co-operation) Act 2003 (c. 32)

13 The Crime (International Co-operation) Act 2003 is amended as follows.

14 (1) Section 4A (general requirements for service of written charge or
requisition) is amended as follows.

(2) In the heading, for “or requisition” substitute “etc”.

(3) 10In subsection (1), after paragraph (b) insert and

(c) a single justice procedure notice (within the meaning of that
section).

(4) In subsection (2), for “The written charge or requisition” substitute “Each of
the documents”.

(5) 15In subsection (3) for “the written charge or requisition”, in both places,
substitute “the document”.

(6) In subsection (4), for “A written charge or requisition” substitute “Such a
document”.

(7) In subsection (5)—

(a) 20after “a requisition” insert “or single justice procedure notice”, and

(b) after “the requisition” insert “or single justice procedure notice”.

15 (1) Section 4B (service of written charge or requisition otherwise than by post)
is amended as follows.

(2) In the heading, for “or requisition” substitute “etc”.

(3) 25In subsection (1), for “or requisition” substitute “, requisition or single justice
procedure notice”.

(4) In subsection (2), for “the written charge or requisition” substitute “the
document”.

(5) In subsection (3)(b), for “the written charge or requisition” substitute “the
30document”.

Section 31

SCHEDULE 6 Further provision about criminal courts charge

Rehabilitation of Offenders Act 1974 (c. 53)Rehabilitation of Offenders Act 1974 (c. 53)

1 In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated
35persons and spent convictions: definition of sentence), at the end insert—

(c) an order under section 21A of the Prosecution of Offences Act
1985 (criminal courts charge).

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Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

2 The Magistrates’ Courts Act 1980 is amended as follows.

3 In section 82 (restriction on power to impose imprisonment for default), for
subsection (1A) substitute—

(1A) 5A magistrates’ court may not issue a warrant of commitment in
reliance on subsection (1)(c) for a default in paying—

(a) a charge ordered to be paid under section 21A of the
Prosecution of Offences Act 1985 (criminal courts charge), or

(b) a surcharge ordered to be paid under section 161A of the
10Criminal Justice Act 2003.

4 In section 108 (right of appeal to the Crown Court), after subsection (4)
insert—

(5) Subsection (3) does not prevent an appeal against an order under
section 21A of the Prosecution of Offences Act 1985 (criminal courts
15charge).

Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

5 In the Prosecution of Offences Act 1985, at the beginning of the heading of
Part 2 insert “Defence, prosecution and third party”.

Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

6 20In section 281(4A) of the Insolvency Act 1986 (effect of discharge from
bankruptcy debts)—

(a) after “fine” insert “imposed for an offence”, and

(b) after “a reference to” insert

(a) a charge ordered to be paid under section 21A of the
25Prosecution of Offences Act 1985 (criminal courts
charge), whether on conviction or otherwise;

(b).

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

7 In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from
30certain benefits), in the definition of “fine”, after paragraph (b) insert—

  • “(ba)

    a charge ordered to be paid under section 21A of the
    Prosecution of Offences Act 1985 (criminal courts
    charge);.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

8 35The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

9 (1) Section 12 (absolute and conditional discharge) is amended as follows.

(2) In subsection (7)—

(a) omit “from making an order for costs against the offender or”, and

(b) for “him” substitute “the offender”.

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(3) At the end insert—

(8) Nothing in this section shall be construed as preventing a court, on
discharging an offender absolutely or conditionally in respect of an
offence, from—

(a) 5making an order under section 21A of the Prosecution of
Offences Act 1985 (criminal courts charge), or

(b) making an order for costs against the offender.

10 In section 142(1) (power of Crown Court to order search of persons before
it), after paragraph (b) insert—

(ba) 10the Crown Court makes an order against a person under
section 21A of the Prosecution of Offences Act 1985 (criminal
courts charge),.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

11 The Criminal Justice Act 2003 is amended as follows.

12 15In section 151(5) (community order or youth rehabilitation order for
persistent offender previously fined), before “a compensation order” insert
“an order under section 21A of the Prosecution of Offences Act 1985
(criminal courts charge), or”.

13 In section 256AC(11) (breach of supervision requirements imposed under
20section 256AA: appeal)—

(a) after “against” insert

(a), and

(b) at the end insert under this section, and

(b) an order made by the court under section 21A of the
25Prosecution of Offences Act 1985 (criminal courts
charge) when dealing with the person under this
section.

14 In Schedule 8 (breach or amendment of community order), in paragraph 9(8)
(appeals)—

(a) 30after “against” insert

(a), and

(b) at the end insert , and

(b) an order made by the court under section 21A of the
Prosecution of Offences Act 1985 (criminal courts
35charge) when imposing that sentence.

15 In Schedule 12 (breach or amendment of suspended sentence order), in
paragraph 9(3) (appeals)—

(a) for “any order made by the court under paragraph 8(2)(a) or (b)”
substitute “each of the following orders”, and

(b) 40at the end insert

(a) an order made by the court under paragraph
8(2)(a) or (b);

(b) an order made by the court under section 21A of
the Prosecution of Offences Act 1985 (criminal
45courts charge) when making an order described in
paragraph (a).