Criminal Justice and Courts Bill (HC Bill 4)

Criminal Justice and Courts BillPage 20

(b) that the act or acts did not involve the infliction of any
non-consensual harm on any person, and

(c) if the image portrays an act within section 63(7)(c), that
what is portrayed as a human corpse was not in fact a
5corpse, and

(d) if the image portrays an act within section 63(7A), that
what is portrayed as non-consensual penetration was in
fact consensual., and

(b) in subsection (1)—

(i) 10for “This section” substitute “Subsection (2)”, and

(ii) after “where” insert “in Northern Ireland”.

(4) In section 67 (penalties for possession of extreme pornographic images)—

(a) in subsection (2), for “Except where subsection (3) applies to the
offence” substitute “If the offence relates to an image that portrays any
15relevant act (with or without other acts)”,

(b) in subsection (3), for “act within section 63(7)(a) or (b)” substitute
“relevant act”, and

(c) after subsection (4) insert—

(5) In this section “relevant act” means—

(a) 20in relation to England and Wales, an act within section
63(7)(a) or (b) or (7A)(a) or (b);

(b) in relation to Northern Ireland, an act within section
63(7)(a) or (b).

(5) In Schedule 14 (special rules relating to providers of information society
25services)—

(a) after paragraph 1(3) insert—

(3A) For the purposes of sub-paragraph (2), “extreme
pornographic image” has the meaning given by section 63(2)
and in determining whether a domestic service provider is in
30possession of such an image—

(a) where the service provider is established in England
and Wales, “extreme image” has the meaning given
by section 63(5A);

(b) where the service provider is established in Northern
35Ireland, “extreme image” has the meaning given by
section 63(6)., and

(b) omit paragraph 6(2).

Part 2 Young offenders

40Detention of young offenders

21 Secure colleges and other places for detention of young offenders etc

(1) For section 43 of the Prison Act 1952 and the italic heading before it

Criminal Justice and Courts BillPage 21

substitute—

Places for the detention of young offenders etc
43 Places for the detention of young offenders etc

(1) The Secretary of State may provide the following places for the
5detention of young persons sentenced to detention for an offence or
remanded to custody (or for the detention of a class of such persons)—

(a) young offender institutions,

(b) secure training centres, and

(c) secure colleges.

(2) 10In subsection (1), “young person” means a person who is aged under 18
or who was aged under 18 when convicted of the offence or remanded.

(3) Sections 1 to 42A and Schedule A1 (“the prisons provisions”) apply in
relation to places listed in subsection (1) and to persons detained in
them as they apply to prisons and prisoners, subject to subsections (4)
15to (7).

(4) The following provisions do not apply in relation to the following
places—

Place Provisions
Young offender
institutions
Sections 28 and 37(2)
20
Secure training centres
or secure colleges
Sections 5, 6(2) and (3),
12, 14, 19, 28 and 37(2)

(5) In their application in relation to secure colleges, the prisons provisions
apply as if references to the governor and deputy governor were
25references to the principal and deputy principal.

(6) In their application in relation to places listed in subsection (1), the
prisons provisions apply—

(a) as if references to imprisonment included references to
detention in those places, and

(b) 30subject to any other modifications specified in rules made by the
Secretary of State (but see subsection (7)).

(7) The following provisions, as they apply in relation to the following
places, may not be modified by rules made under this section—

Place Provisions
Young offender
institutions
35Sections 5A, 6(2) and (3),
16, 22, 36 and 42A and
Schedule A1

Criminal Justice and Courts BillPage 22

Place Provisions
Secure training centres
or secure colleges
Sections 5A, 16, 22, 36
and 42A and Schedule
A1

(8) 5Rules made under this section may—

(a) make different provision for different cases;

(b) contain transitional, transitory or saving provision.

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

(a) 10include a person sentenced to a detention and training order or
an order under section 211 of the Armed Forces Act 2006;

(b) do 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
15coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentences of detention in a young
offender 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
20as 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
21 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) 25Nothing in this section prejudices the operation of section 108(5) of the
Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons
aged 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) 30A statutory instrument containing rules under section 43 is subject to
annulment in pursuance of a resolution of either House of Parliament.

(3) Schedule 4 contains further amendments relating to secure colleges and other
places for the detention of young offenders.

22 Contracting out secure colleges

35In Schedule 5—

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

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

(c) 40Part 3 makes provision about contracting out functions at directly
managed secure colleges,

(d) Part 4 contains definitions, and

Criminal Justice and Courts BillPage 23

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

23 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
5Justice Board of entering into agreements for the provision of accommodation)
is amended as follows.

(2) In sub-paragraph (ii)—

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

(b) 10for “or 218” substitute “218, 221, 221A or 222”.

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

Other matters

24 Youth cautions and conditional cautions: involvement of appropriate adults

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

(2) 15In section 66ZA (youth cautions)—

(a) in subsection (2) (caution to be given in presence of appropriate adult),
omit “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) 20In section 66B(5) (requirements for giving youth conditional cautions:
explanation and warning to be given in presence of appropriate adult), omit “If
the offender is aged 16 or under,”.

25 Referral orders: alternatives to revocation for breach

(1) In Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000, after
25paragraph 6 insert—

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

6A (1) This 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) 30it is proved to the satisfaction of the court that the offender
has failed, without reasonable excuse, to comply with the
terms 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
35£2,500, or

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

(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.

Criminal Justice and Courts BillPage 24

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

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

(5) 5The 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
purposes of any enactment, as being a sum adjudged to be paid by a
conviction.

(7) 10The Secretary of State may by order amend any sum for the time
being specified in sub-paragraph (2)(a).

26 Referral orders: extension on further conviction

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

10 (1) 25This 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
relation to which paragraphs (a) to (c) of section 16(1) apply.

(2) The relevant court may sentence the offender for the offence by
30making 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) In this paragraph and paragraph 13 “relevant court” means a youth
court or other magistrates’ court.

(2) 35In 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
offence mentioned in paragraph 10 above” substitute “paragraph 10 in
respect of an offence”, and

(c) 40in sub-paragraph (8), for “paragraphs 10 to 12” substitute
“paragraph 10”.

(3) In consequence of the amendments made above—

Criminal Justice and Courts BillPage 25

(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
and 12” substitute “paragraph 10”, and

(c) 5in 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.

27 Referral orders: revocation on further conviction

(1) 10The 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
conditionally”,

(b) 15for 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) The revocation of a referral order under sub-paragraph (2)
20has 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) In section 18 (making of referral orders: general), after subsection (3) insert—

(3A) 25Where 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) The amendments made by this section apply in relation to a person dealt with
30for an offence committed before or after this section comes into force.

Part 3 Courts and tribunals

Trial by single justice on the papers

28 Instituting proceedings by written charge

(1) 35Section 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”.

(3) For subsection (2) substitute—

(2) Where a relevant prosecutor issues a written charge, it must at the same
40time issue—

Criminal Justice and Courts BillPage 26

(a) a requisition, or

(b) a 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
5charge.

(2B) A single justice procedure notice is a document which requires the
person 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) 10if 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.

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

(5) 15After subsection (3) insert—

(3A) 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.

(3B) 20If a single justice procedure notice is served on a person, the relevant
prosecutor must—

(a) at 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) 25After subsection (3B) insert—

(3C) The written notification required by a single justice procedure notice
may 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”
30substitute “A relevant prosecutor authorised to issue a requisition”.

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

(9) After 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
35authorised by that person to institute criminal proceedings—

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

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

(10) 40A person who immediately before the commencement of this section is—

(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,

Criminal Justice and Courts BillPage 27

is 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).

29 Instituting proceedings: further provision

(1) 5Section 30 of the Criminal Justice Act 2003 (further provision about method of
instituting 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) 10in paragraph (b), for “or requisitions” substitute “, requisitions or single
justice procedure notices”.

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

(4) In subsection (5)—

(a) 15in paragraph (b), for “public prosecutor” substitute “relevant
prosecutor”, 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
20Magistrates’ Courts Act 1980 (or to a justice of the peace
issuing 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) 25After subsection (7) insert—

(7A) The 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
30or in the same Session as the Criminal Justice and Courts Act
2014, 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
35as the Criminal Justice and Courts Act 2014.

(6) In subsection (8)—

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

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

30 Trial by single justice on the papers

(1) 40The 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

Criminal Justice and Courts BillPage 28

(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) 5After section 16 insert—

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

(1) A magistrates’ court may try a written charge in accordance with
subsections (3) to (8) if—

(a) 10the 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
15served 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 specified in
the single justice procedure notice, within the period prescribed
20by 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) 25a 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
Procedure Rules (see section 29(3B) of the Criminal Justice Act
2003).

(3) 30The 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
mitigation of sentence.

(4) The court may disregard a written submission that is not served on the
35designated 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
court.

(6) The court may try the charge in the absence of the parties and, if a party
40appears, must proceed as if the party were absent.

(7) The court may not remand the accused.

(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.

Criminal Justice and Courts BillPage 29

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

(11) 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
10with 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
15designated officer specified in the single 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’
20court dealing with the matter 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) 25A magistrates’ court issuing a summons under subsection (3)(b) may be
composed of a single justice.

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
30with section 16A, the court may not continue to try the charge in that
way.

(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
35Traffic Offenders Act 1988—

(a) the court must give the accused the opportunity to make
representations or further representations about the proposed
disqualification, and

(b) if the accused indicates a wish to make such representations, the
40court may not continue to try the case in accordance with
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) 45adjourn the trial, and