House of Commons Public Bill Committee Proceedings

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 17 June 2014
34

Criminal Justice and Courts Bill, continued

(6)
A publicity order must specify a period within which the requirements specified

in the order must be complied with.

(7)
A person who fails to comply with a remedial order or a publicity order commits

an offence and is liable, on conviction on indictment or summary conviction, to

a fine.

(8)
In relation to an offence committed before section 85 of the Legal Aid,

Sentencing and Punishment of Offenders Act 2012 comes into force, subsections

(1) and (7) have effect as if they provided for a fine on summary conviction not

exceeding the statutory maximum.”

Member’s explanatory statement

This sets out the penalties available following conviction of the offence in new clause relating to

care providers. Courts will have powers to impose fines or to make remedial or publicity orders

(or any combination of those options).

Secretary Chris Grayling

Added  NC49

To move the following Clause—

“Care provider offence: application to unincorporated associations

(1)
For the purposes of sections (Ill-treatment or wilful neglect: care provider

offence) and (Care provider offence: penalties), an unincorporated association is

to be treated as owing whatever duties of care it would owe if it were a body

corporate.

(2)
Proceedings for an offence under those sections alleged to have been committed

by an unincorporated association must be brought in the name of the association

(and not in that of any of its members).

(3)
In relation to such proceedings, rules of court relating to the service of documents

have effect as if the unincorporated association were a body corporate.

(4)
In proceedings under section (Ill-treatment or wilful neglect: care provider

offence) or (Care provider offence: penalties) brought against an unincorporated

association, the following apply as they apply in relation to a body corporate—

(a)
section 33 of the Criminal Justice Act 1925 (procedure on charge of

offence against corporation);

(b)
Schedule 3 to the Magistrates’ Courts Act 1980 (provision about

corporation charged with offence before a magistrates’ court).

(5)
A fine imposed on an unincorporated association on its conviction of an offence

under section (Ill-treatment or wilful neglect: care provider offence) or (Care

provider offence: penalties) is to be paid out of the funds of the association.”

Member’s explanatory statement

This sets out how the new criminal offence in new clause 46 relating to care providers is to be

applied in relation to unincorporated associations, including partnerships.

Secretary Chris Grayling

Added  NC50

To move the following Clause—

Report Stage Proceedings: 17 June 2014
35

Criminal Justice and Courts Bill, continued

“Care provider offence: liability for ancillary and other offences

(1)
An individual cannot be guilty of—

(a)
aiding, abetting, counselling or procuring the commission of an offence

under section (Ill-treatment or wilful neglect: care provider offence), or

(b)
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or

assisting crime) by reference to an offence under section (Ill-treatment or

wilful neglect: care provider offence).

(2)
Where, in the same proceedings, there is—

(a)
a charge under section (Ill-treatment or wilful neglect: care provider

offence) arising out of a particular set of circumstances, and

(b)
a charge against the same defendant of a relevant offence arising out of

some or all of those circumstances,


the defendant may, if the interests of justice so require, be convicted of both

offences.

(3)
A person convicted of an offence under section (Ill-treatment or wilful neglect:

care provider offence) arising out of a particular set of circumstances may, if the

interests of justice so require, be charged with a relevant offence arising out of

some or all of those circumstances.

(4)
“Relevant offence” means an offence under an Act, or an instrument made under

an Act, dealing with—

(a)
health and safety matters, or

(b)
the provision of health care or social care.

(5)
In this section—

“Act” includes an Act or Measure of the National Assembly for Wales;

“health care” and “social care” have the same meaning as in section (Ill-

treatment or wilful neglect: care worker offence).”

Member’s explanatory statement

This provides for there to be no individual liability for ancillary offences connected to the new

criminal offence in new clause 46 relating to care providers. It also makes provision in relation to

proceedings before a court where the same circumstances result in the commission of both the new

offence and another relevant offence.

Secretary Chris Grayling

Added  NC51

To move the following Clause—

“Personal injury claims: cases of fundamental dishonesty

(1)
This section applies where, in proceedings on a claim for damages in respect of

personal injury (“the primary claim”)—

(a)
the court finds that the claimant is entitled to damages in respect of the

claim, but

(b)
on an application by the defendant for the dismissal of the claim under

this section, the court is satisfied on the balance of probabilities that the

claimant has been fundamentally dishonest in relation to the primary

claim or a related claim.

(2)
The court must dismiss the primary claim, unless it is satisfied that the claimant

would suffer substantial injustice if the claim were dismissed.

(3)
The duty under subsection (2) includes the dismissal of any element of the

primary claim in respect of which the claimant has not been dishonest.

Report Stage Proceedings: 17 June 2014
36

Criminal Justice and Courts Bill, continued

(4)
The court’s order dismissing the claim must record the amount of damages that

the court would have awarded to the claimant in respect of the primary claim but

for the dismissal of the claim.

(5)
A costs order made by a court which dismisses a claim under this section may

require the claimant to pay costs incurred by the defendant only to the extent that

they exceed the amount of the damages recorded in accordance with subsection

(4).

(6)
If a claim is dismissed under this section, subsection (7) applies to—

(a)
any subsequent criminal proceedings against the claimant in respect of

the fundamental dishonesty mentioned in subsection (1)(b), and

(b)
any subsequent proceedings for contempt of court against the claimant in

respect of that dishonesty.

(7)
If the court in those proceedings finds the claimant guilty of an offence or of

contempt of court, it must have regard to the dismissal of the primary claim under

this section when sentencing the claimant or otherwise disposing of the

proceedings.

(8)
In this section—

“personal injury” includes any disease and any other impairment of a

person’s physical or mental condition;

“related claim” means a claim for damages in respect of personal injury

which is made—

(d)
in connection with the same incident or series of incidents in

connection with which the primary claim is made, and

(e)
by a person other than the person who made the primary claim;

“claim” includes a counter-claim and, accordingly, “claimant” includes a

counter-claimant and “defendant” includes a defendant to a counter-

claim.

(9)
This section does not apply to proceedings started by the issue of a claim form

before the date on which this section comes into force.”

Member’s explanatory statement

This new clause requires a court to dismiss in its entirety any personal injury claim where it is

satisfied that the claimant has been fundamentally dishonest, unless it would cause substantial

injustice to the claimant to do so, and makes certain related provision.

Ann Coffey

Not called  NC8

To move the following Clause—

“Giving evidence at remote sites

(1)
The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2)
After Section (30) insert—

“30A
Giving evidence at remote sites

(1)
A special measures direction may provide for persons eligible for

assistance under section (16) to give evidence at a remote site.

(2)
For the purposes of this section any facility may be designated as a

remote site where the court is satisfied that all the five criteria as follows

have been met—

Report Stage Proceedings: 17 June 2014
37

Criminal Justice and Courts Bill, continued

(a)
the facility must be suitable for hearing evidence;

(b)
the facility must be absent from the court building;

(c)
the location of the facility must be appropriate to meet the needs

and promote the welfare of the witness;

(d)
the arrangement must not prevent the witness from being able to

see, and to be seen by—

(i)
the judge or justices (or both) and the jury (if there is

one);

(ii)
legal representatives acting in the proceedings; and

(iii)
any interpreter or other person appointed (in pursuance

of the direction or otherwise) to assist the witness.”.”

Ann Coffey

Not called  NC9

To move the following Clause—

“Persons under 11 years of age to give evidence through intermediaries

(1)
The Youth Justice and Criminal Evidence 1999 is amended as follows.

(2)
After Section (29) insert—

“29A
Persons under 11 years of age to give evidence through intermediaries

(1)
Where a victim or witnesses under 11 years of age is required to testify

in court proceedings the court must, through a special measures direction,

provide for any examination of the witness to be conducted through an

intermediary as defined under section (29).

(2)
A person must not act as an intermediary under subsection (1) except

after—

(a)
undertaking screening to be provided by the Disclosure and

Barring Service;

(b)
making a declaration, in such form as may be prescribed by the

rules of court, that he will faithfully perform his function as an

intermediary.

(c)
providing evidence to the court of relevant accredited training,

qualifications and experience.”.”

Mr Robert Buckland

Not called  NC16

To move the following Clause—

“Civil proceedings for cases of aggravated trespass

(1)
The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)
In section 68, after subsection (5) insert—



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