Criminal Justice and Courts Bill (HC Bill 192)

Criminal Justice and Courts BillPage 20

Place Provisions
Young offender
institutions
Sections 5A, 6(2) and (3),
16, 22, 36 and 42A and
Schedule A1
Secure training centres
or secure colleges
5Sections 5A, 16, 22, 36
and 42A and Schedule
A1

(8) Rules made under this section may—

(a) make different provision for different cases;

(b) 10contain transitional, transitory or saving provision.

(9) The references in this section to a young person sentenced to
detention—

(a) include a person sentenced to a detention and training order or
an order under section 211 of the Armed Forces Act 2006;

(b) 15do not include a person sentenced to service detention within
the meaning of the Armed Forces Act 2006.

(10) Subsections (11) to (13) have effect in relation to any time before the
coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentences of detention in a young
20offender institution).

(11) Subsection (2) of this section, as it applies for the purposes of the power
under subsection (1) to provide young offender institutions, has effect
as if for “18”, in each place, there were substituted “21”.

(12) The Secretary of State may from time to time direct that a woman aged
2521 or over who is serving a sentence of imprisonment or who has been
committed to prison for default is to be detained in a young offender
institution.

(13) Nothing in this section prejudices the operation of section 108(5) of the
Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons
30aged at least 18 but under 21 for default or contempt).

(2) In section 52 of the Prison Act 1952 (orders, rules and regulations), after
subsection (2) insert—

(2ZA) A statutory instrument containing rules under section 43 is subject to
annulment in pursuance of a resolution of either House of Parliament.

(3) 35Schedule 3 contains further amendments relating to secure colleges and other
places for the detention of young offenders.

20 Contracting out secure colleges

In Schedule 4—

(a) Part 1 makes provision about contracting out the provision and
40running of secure colleges,

(b) Part 2 makes provision about the certification of secure college custody
officers,

Criminal Justice and Courts BillPage 21

(c) Part 3 makes provision about contracting out functions at directly
managed secure colleges,

(d) Part 4 contains definitions, and

(e) Part 5 contains further amendments relating to contracted-out secure
5colleges.

21 Powers of Youth Justice Board in relation to provision of accommodation

(1) Section 41(5)(i) of the Crime and Disorder Act 1998 (functions of the Youth
Justice Board of entering into agreements for the provision of accommodation)
is amended as follows.

(2) 10In sub-paragraph (ii)—

(a) after “2000” insert “, section 226, 226B or 228 of the Criminal Justice Act
2003”, and

(b) for “or 218” substitute “218, 221, 221A or 222”.

(3) Omit sub-paragraphs (v) and (vi).

15Other matters

22 Youth cautions and conditional cautions: involvement of appropriate adults

(1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 66ZA (youth cautions)—

(a) in subsection (2) (caution to be given in presence of appropriate adult),
20omit “given to a person under the age of 17”, and

(b) in subsection (3)(b) (certain matters to be explained to appropriate
adult), omit “where that person is under the age of 17,”.

(3) In section 66B(5) (requirements for giving youth conditional cautions:
explanation and warning to be given in presence of appropriate adult), omit “If
25the offender is aged 16 or under,”.

23 Referral orders: alternatives to revocation for breach

(1) In Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000, after
paragraph 6 insert—

Power of court to impose fine or extend period for which contract has effect

6A (1) 30This paragraph applies where—

(a) an offender has been referred back to the appropriate court
under section 22(2), 26(5) or 27(4), and

(b) it is proved to the satisfaction of the court that the offender
has failed, without reasonable excuse, to comply with the
35terms of a contract under section 23.

(2) If the court does not revoke the order under paragraph 5 it may—

(a) order the offender to pay a fine of an amount not exceeding
£2,500, or

(b) make an order extending the length of the period for which
40the contract under section 23 has effect.

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(3) The court may not extend the length of the period for which the
contract has effect so that it becomes longer than 12 months.

(4) If the period for which the contract has effect has expired (whether
before or after the referral of the offender back to court) the court—

(a) 5may make an order under sub-paragraph (2)(a), but

(b) may not make an order under sub-paragraph (2)(b).

(5) The court may not exercise a power under sub-paragraph (2) unless
the offender is present before it.

(6) A fine imposed under sub-paragraph (2)(a) is to be treated, for the
10purposes of any enactment, as being a sum adjudged to be paid by a
conviction.

(7) The Secretary of State may by order amend any sum for the time
being specified in sub-paragraph (2)(a).

24 Referral orders: extension on further conviction

(1) 25For paragraphs 10 to 12 of Schedule 1 to the Powers of Criminal Courts
(Sentencing) Act 2000 substitute—

10 (1) This paragraph applies where—

(a) an offender aged under 18 is subject to referral, and

(b) a relevant court is dealing with the offender for an offence in
30relation to which paragraphs (a) to (c) of section 16(1) apply.

(2) The relevant court may sentence the offender for the offence by
making an order extending any compliance period.

(3) The relevant court may not extend the length of a compliance period
so that it becomes longer than 12 months.

(4) 35In this paragraph and paragraph 13 “relevant court” means a youth
court or other magistrates’ court.

(2) In paragraph 13 of that Schedule—

(a) omit sub-paragraphs (1), (6) and (7),

(b) in sub-paragraph (2), for “paragraph 11 or 12 above in respect of the
40offence mentioned in paragraph 10 above” substitute “paragraph 10 in
respect of an offence”, and

(c) in sub-paragraph (8), for “paragraphs 10 to 12” substitute
“paragraph 10”.

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(3) In consequence of the amendments made above—

(a) in paragraphs 5(3) and 9 of that Schedule, for “paragraph 9ZD, 11 or 12”
substitute “paragraphs 9ZD or 10”,

(b) in the heading before paragraph 13 of that Schedule, for “paragraph 11
5and 12” substitute “paragraph 10”, and

(c) in paragraph 14(1)(a) of that Schedule, for “paragraph 11 or 12”
substitute “paragraph 10”.

(4) The amendments made by this section apply in relation to a person dealt with
for an offence committed before or after this section comes into force.

25 10Referral orders: revocation on further conviction

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

(2) In Schedule 1—

(a) in paragraph 14(1)(b) (further conviction: cases where revocation not
available), for “absolutely” substitute “, whether absolutely or
15conditionally”,

(b) for paragraph 14(2) substitute—

(2) The court may revoke the referral order (or any one or more
of the referral orders) if it appears to the court to be in the
interests of justice to do so.

(2A) 20The revocation of a referral order under sub-paragraph (2)
has the effect of revoking any related order under paragraph
9ZD or 10., and

(c) in the heading before paragraph 14, for “which lead to revocation of
referral” substitute “: power to revoke referral orders”.

(3) 25In section 18 (making of referral orders: general), after subsection (3) insert—

(3A) Where a court makes a referral order in respect of an offender who is
subject to an earlier referral order, the court may direct that any youth
offender contract under the later order is not to take effect under section
23 until the earlier order is revoked or discharged.

(4) 30The amendments made by this section apply in relation to a person dealt with
for an offence committed before or after this section comes into force.

Part 3 Courts and tribunals

Trial by single justice on the papers

26 35Instituting proceedings by written charge

(1) Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute
proceedings by written charge) is amended as follows.

(2) In subsection (1), for “public prosecutor” substitute “relevant prosecutor”.

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(3) For subsection (2) substitute—

(2) Where a relevant prosecutor issues a written charge, it must at the same
time issue—

(a) a requisition, or

(b) 5a single justice procedure notice.

(2A) A requisition is a document which requires the person on whom it is
served to appear before a magistrates’ court to answer the written
charge.

(2B) A single justice procedure notice is a document which requires the
10person on whom it is served to serve on the designated officer for a
magistrates’ court specified in the notice a written notification stating—

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

(b) if the person desires to plead guilty, whether or not the person
desires to be tried in accordance with section 16A of the
15Magistrates’ Courts Act 1980.

(4) In subsection (3), for “The” substitute “Where a relevant prosecutor issues a
written charge and a requisition, the”.

(5) After subsection (3) insert—

(3A) Where a relevant prosecutor issues a written charge and a single justice
20procedure 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.

(3B) If a single justice procedure notice is served on a person, the relevant
prosecutor must—

(a) 25at the same time serve on the person such documents as may be
prescribed by Criminal Procedure Rules, and

(b) serve copies of those documents on the court.

(6) After subsection (3B) insert—

(3C) The written notification required by a single justice procedure notice
30may be served by the legal representative of the person charged on the
person’s behalf.

(7) In subsection (4), for the words from the beginning to “public prosecutor”
substitute “A relevant prosecutor authorised to issue a requisition”.

(8) In subsection (5), for ““public prosecutor”” substitute ““relevant prosecutor””.

(9) 35After subsection (5) insert—

(5A) An order under subsection (5)(h) specifying a person for the purposes
of this section must also specify whether that person and a person
authorised by that person to institute criminal proceedings—

(a) are authorised to issue written charges, requisitions and single
40justice procedure notices, or

(b) are authorised to issue only written charges and single justice
procedure notices.

(10) A person who immediately before the commencement of this section is—

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(a) a person specified in an order under section 29(5)(h) of the Criminal
Justice Act 2003, or

(b) a person authorised by a person so specified to institute criminal
proceedings,

5is to be treated after the commencement of this section as authorised to issue
requisitions and single justice procedure notices (subject to the order
specifying that person being varied or revoked).

27 Instituting proceedings: further provision

(1) Section 30 of the Criminal Justice Act 2003 (further provision about method of
10instituting proceedings in section 29) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “or requisitions” substitute “, requisitions or single
justice procedure notices”, and

(b) in paragraph (b), for “or requisitions” substitute “, requisitions or single
15justice procedure notices”.

(3) In subsection (2)(b), after “further requisitions” insert “or further single justice
procedure notices”.

(4) In subsection (5)—

(a) in paragraph (b), for “public prosecutor” substitute “relevant
20prosecutor”, and

(b) after paragraph (b) insert , and

(c) any reference (however expressed) which is or includes
a reference to a summons under section 1 of the
Magistrates’ Courts Act 1980 (or to a justice of the peace
25issuing such a summons) is to be read as including a
reference to a single justice procedure notice (or to a
relevant prosecutor issuing a single justice procedure
notice).

(5) After subsection (7) insert—

(7A) 30The reference in subsection (5) to an enactment contained in an Act
passed before this Act is to be read, in relation to paragraph (c) of
subsection (5), as including—

(a) a reference to an enactment contained in an Act passed before
or in the same Session as the Criminal Justice and Courts Act
352014, and

(b) a reference to an enactment contained in such an Act as a result
of an amendment to that Act made by the Criminal Justice and
Courts Act 2014 or by any other Act passed in the same Session
as the Criminal Justice and Courts Act 2014.

(6) 40In subsection (8)—

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

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

28 Trial by single justice on the papers

(1) The Magistrates’ Courts Act 1980 is amended as follows.

Criminal Justice and Courts BillPage 26

(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
5as a written charge is to be tried by a magistrates’ court in
accordance with section 16A.

(3) After section 16 insert—

Trial by single justice on the papers
16A Trial by single justice on the papers

(1) 10A 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) 15the 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) 20the accused has not served on the designated officer specified in
the single 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) 25a 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 single justice procedure notice (see
section 29 of the Criminal Justice Act 2003), and

(b) such other documents as may be prescribed by Criminal
30Procedure Rules (see section 29(3B) of the Criminal Justice Act
2003).

(3) The court must try the written charge in reliance only on—

(a) the documents specified in subsection (2), and

(b) any written submission that the accused makes with a view to
35mitigation of sentence.

(4) The court may disregard a written submission that is not served on the
designated officer specified in the single justice procedure notice
within the period prescribed by Criminal Procedure Rules.

(5) The court is not required to conduct any part of the proceedings in open
40court.

(6) The court may try the charge in the absence of the parties and, if a party
appears, must proceed as if the party were absent.

(7) The court may not remand the accused.

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(8) If the resumed trial is to be conducted in accordance with subsections
(3) to (7), no notice is required of the resumption of the trial after an
adjournment.

(9) A magistrates’ court acting under this section may be composed of a
5single justice.

(10) 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.

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

16B 10Cases 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) 15A 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 specified in the single justice procedure notice that
the accused does not desire to be tried in accordance with section 16A.

(3) 20If 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 dealing with the matter must—

(a) adjourn the trial, if it has begun, and

(b) 25issue 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 a single justice.

16C 30Cases 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.

(2) 35If 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
40representations 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
section 16A.

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(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) 5issue a summons directed to the accused requiring the accused
to appear before a magistrates’ court to be dealt with in respect
of 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 reference
10in sections 11 to 13 to a summons issued under 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).

(2) If a summons has been issued under section 16B(3)(b) or 16C(3)(b), a
15justice of the peace may issue a summons directed to the accused
requiring the accused to appear before a magistrates’ court for the
purpose specified in the earlier summons; and subsection (1) 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) 20Where 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
25by 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
30magistrates’ 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).

16E Accused not aware of single justice procedure notice

(1) This section applies if—

(a) 35a single justice procedure notice has been issued, and

(b) the written charge is being tried, or has been tried, in
accordance with section 16A.

(2) This section does not apply if the trial of the written charge has been
adjourned under section 16B(3)(a) or 16C(3)(a).

(3) 40The proceedings subsequent to the single justice procedure notice are
void if—

(a) the accused makes a statutory declaration that the accused did
not know of the single justice procedure notice or the
proceedings until a date that the accused specifies in the
45statutory declaration,

(b) that date is a date after a magistrates’ court began to try the
written charge,

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(c) the declaration is served on the designated officer specified in
the single 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
5responds to the single justice procedure notice by serving a
written notification on that designated officer.

(4) Subsection (3) does not affect the validity of a written charge or a single
justice procedure notice.

(5) A magistrates’ court may accept service of a statutory declaration
10required by subsection (3) after the period described in subsection (3)(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.

(6) A magistrates’ court that accepts a statutory declaration under
15subsection (5) is to be treated as accepting service of a written
notification that is served at the same time.

(7) A statutory declaration accepted under subsection (5) and a written
notification treated as accepted under subsection (6) are to be treated as
having been served as required by subsection (3).

(8) 20If proceedings have become void under subsection (3), 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 (3)(d), or

(b) 25if a magistrates’ court is treated as accepting service of a written
notification by virtue of subsection (6), the date on which the
written notification is so treated as accepted.

(9) If proceedings have become void under subsection (3), the written
charge may not be tried again by any of the same justices.

(10) 30A magistrates’ court carrying out functions under subsection (5) may
be composed of a single justice.

29 Trial by single justice on the papers: sentencing etc

In section 121 of the Magistrates’ Courts Act 1980 (constitution etc of a
magistrates’ court), after subsection (5) insert—

(5A) 35A 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
40Excise 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
45duty);