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Lords Amendments to the Criminal Justice and Courts Bill


 
 

15

 

Clause 38

Page 37, leave out lines 9 to 12 and insert—

“(3)    

The court may not hear any oral evidence and may consider only

the contents of the following—

(a)    

the documents specified in subsection (2),

(b)    

any document containing information to which subsection

(3A) applies, and

(c)    

any written submission that the accused makes with a view

to mitigation of sentence.

(3A)    

This subsection applies to information if—

(a)    

a notice describing the information was served on the

accused at the same time as the documents specified in

subsection (2), and

(b)    

a copy of the notice has been served on the designated

officer specified in the single justice procedure notice.”

Page 37, line 19, at end insert—

“( )    

If the accused served on the designated officer specified in the

notice a written notification stating a desire to plead guilty and to

be tried in accordance with this section, the court may try the charge

as if the accused had pleaded guilty.”

Page 37, line 32, leave out “try the written charge” and insert “convict the accused

in proceedings conducted”

Page 40, line 7, at end insert—

“16F  

 Admissibility of statements

(1)    

A statement contained in a document is admissible in proceedings

conducted in accordance with section 16A as evidence of a matter

stated if, in the particular case—

(a)    

the document is one in relation to which section 16A(1)(c) is

satisfied, or

(b)    

section 16A(3A) applies to the information in that document

(as the case may be).

(2)    

Subsection (1) does not prevent a court taking into consideration

the nature of the evidence placed before it when deciding whether

it is appropriate to try the written charge in accordance with section

16A.

(3)    

In this section “statement” means any representation of fact or

opinion.””

Clause 39

Page 40, line 32, at end insert—

“( )    

making an order under section 30A of the Road Traffic

Offenders Act 1988 (order to disregard penalty points if

approved course attended);”


 
 

16

 

After Clause 40

Insert the following new Clause—

“Time limit for bringing certain criminal proceedings

Offence of making improper use of public electronic communications network

(1)    

In section 127 of the Communications Act 2003 (improper use of public

electronic communications network), at the end insert—

“(5)    

An information or complaint relating to an offence under this

section may be tried by a magistrates’ court in England and Wales

or Northern Ireland if it is laid or made—

(a)    

before the end of the period of 3 years beginning with the

day on which the offence was committed, and

(b)    

before the end of the period of 6 months beginning with the

day on which evidence comes to the knowledge of the

prosecutor which the prosecutor considers sufficient to

justify proceedings.

(6)    

Summary proceedings for an offence under this section may be

commenced in Scotland—

(a)    

before the end of the period of 3 years beginning with the

day on which the offence was committed, and

(b)    

before the end of the period of 6 months beginning with the

day on which evidence comes to the knowledge of the

prosecutor which the prosecutor considers sufficient to

justify proceedings,

    

and section 136(3) of the Criminal Procedure (Scotland) Act 1995

(date when proceedings deemed to be commenced) applies for the

purposes of this subsection as it applies for the purposes of that

section.

(7)    

A certificate of a prosecutor as to the date on which evidence

described in subsection (5)(b) or (6)(b) came to his or her knowledge

is conclusive evidence of that fact.”

(2)    

The amendment made by this section applies only in relation to an offence

committed on or after the day on which it comes into force.”

Before Clause 41

Insert the following new Clause—

“Low-value shoplifting: mode of trial

(1)    

In section 22A of the Magistrates’ Courts Act 1980 (low-value shoplifting),

in subsection (2) (right to elect trial by Crown Court), for paragraph (b)

substitute—

“(b)    

the court must proceed in relation to the offence in

accordance with section 51(1) of the Crime and Disorder Act

1998.”

(2)    

In section 51 of the Crime and Disorder Act 1998 (sending cases to Crown

Court: adults), in subsection (2)(b), after “21,” insert “22A(2)(b),”.”


 
 

17

 

Clause 45

Page 46, line 26, leave out subsection (5) and insert—

“( )    

When assessing costs in the proceedings, a court which dismisses a claim

under this section must deduct the amount recorded in accordance with

subsection (4) from the amount which it would otherwise order the

claimant to pay in respect of costs incurred by the defendant.”

After Clause 45

Insert the following new Clause—

“Rules against inducements to make personal injury claims

(1)    

A regulated person is in breach of this section if—

(a)    

the regulated person offers another person a benefit or is treated as

doing so under subsection (4),

(b)    

the offer of the benefit is an inducement to make a claim in civil

proceedings for—

(i)    

damages for personal injury or death, or

(ii)    

damages arising out of circumstances involving personal

injury or death, and

(c)    

the benefit is not related to the provision of legal services in

connection with the claim.

(2)    

An offer of a benefit to another person is an inducement to make a claim if

the offer of the benefit—

(a)    

is intended to encourage the person to make a claim or to seek

advice from a regulated person with a view to making a claim, or

(b)    

is likely to have the effect of encouraging the person to do so.

(3)    

An offer of a benefit may be an inducement to make a claim regardless of—

(a)    

when or by what means the offer is made,

(b)    

whether the receipt of the benefit pursuant to the offer is subject to

conditions,

(c)    

when the benefit may be received pursuant to the offer, or

(d)    

whether the benefit may be received by the person to whom the

offer is made or by a third party.

(4)    

If a person other than a regulated person offers a benefit in accordance with

arrangements made by or on behalf of a regulated person—

(a)    

the regulated person is to be treated as offering the benefit, and

(b)    

the offer of the benefit is to be treated as satisfying subsection (2)(a)

if the arrangements were intended to encourage people to make

claims or seek advice from a regulated person with a view to

making a claim.

(5)    

The Lord Chancellor may by regulations make provision as to the

circumstances in which a benefit is related to the provision of legal services

in connection with a claim, including provision about benefits relating to—

(a)    

fees to be charged in respect of the legal services,

(b)    

expenses which are or would be necessarily incurred in connection

with the claim, or


 
 

18

 
 

(c)    

insurance to cover legal costs and expenses in connection with the

 

claim.”

 

Insert the following new Clause—

 

“Effect of rules against inducements

 

(1)    

The relevant regulator must ensure that it has appropriate arrangements

 

for monitoring and enforcing the restriction imposed on regulated persons

 

by section (Rules against inducements to make personal injury claims).

 

(2)    

A regulator may make rules for the purposes of subsection (1).

 

(3)    

The rules may in particular provide that, in relation to anything done in

 

breach of that section, the relevant regulator may exercise any powers that

 

the regulator would have in relation to anything done by the regulated

 

person in breach of another restriction (subject to subsection (4)).

 

(4)    

A breach of section (Rules against inducements to make personal injury

 

claims)—

 

(a)    

does not make a person guilty of an offence, and

 

(b)    

does not give rise to a right of action for breach of statutory duty.

 

(5)    

Subsection (6) applies in a case where—

 

(a)    

a regulated person has offered a benefit to a person or is treated as

 

having done so under section (Rules against inducements to make

 

personal injury claims)(4), and

 

(b)    

it appears to the regulator that the offer of the benefit is an

 

inducement to make a claim as mentioned in section (Rules against

 

inducements to make personal injury claims)(1)(b).

 

(6)    

Rules under subsection (2) may provide for the offer of the benefit to the

 

person to be treated as an inducement to make a claim as mentioned in

 

section (Rules against inducements to make personal injury claims)(1)(b) unless

 

the regulated person shows—

 

(a)    

that the benefit was offered for a reason other than encouraging the

 

person to make a claim or to seek advice from a regulated person

 

with a view to making a claim, or

 

(b)    

that the benefit is related to the provision of legal services in

 

connection with the claim (see regulations under section (Rules

 

against inducements to make personal injury claims)(5)).”

 

Insert the following new Clause—

 

“Inducements: interpretation

 

(1)    

In relation to an offer of a benefit which is an inducement to make a claim

 

in civil proceedings for damages for personal injury or death or arising out

 

of circumstances involving personal injury or death—

 

(a)    

a regulator is any person listed in column 1 below;

 

(b)    

a regulated person is any person listed in column 2;

 

(c)    

a regulator in column 1 is the relevant regulator in relation to the

 

corresponding person in column 2.


 
 

19

 
 

Regulator

Regulated person

 
 

The General Council of the Bar

A person authorised by the

 
  

Council to carry on a reserved

 
  

legal activity within the meaning

 
  

of the Legal Services Act 2007

 
 

The Chartered Institute of Legal

A person authorised by the

 
 

Executives

Institute to carry on a reserved

 
  

legal activity within the meaning

 
  

of the Legal Services Act 2007

 
 

The Law Society

A person authorised by the

 
  

Society to carry on a reserved

 
  

legal activity within the meaning

 
  

of the Legal Services Act 2007

 
 

A licensing authority for the

A person who is licensed by the

 
 

purposes of Part 5 of the Legal

authority to carry on a reserved

 
 

Services Act 2007 (alternative

legal activity

 
 

business structures)

  
 

A regulatory body specified for

A person of a description

 
 

the purposes of this section in

specified for the purposes of this

 
 

regulations made by the Lord

section in regulations made by

 
 

Chancellor

the Lord Chancellor in relation to

 
  

the body specified under column

 
  

1

 
 

(2)    

For the purposes of this section and sections (Rules against inducements to

 

make personal injury claims) and (Effect of rules against inducements)—

 

“benefit” means—

 

(a)    

any benefit, whether or not in money or other property and

 

whether temporary or permanent, and

 

(b)    

any opportunity to obtain a benefit;

 

“claim” includes a counter-claim;

 

“legal services” means services provided by a person which consist of

 

or include legal activities (within the meaning of the Legal Services

 

Act 2007) carried on by or on behalf of that person;

 

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

 

person’s physical or mental condition.

 

(3)    

For the purposes of this section and section (Effect of rules against

 

inducements) whether an offer of a benefit is an inducement to make a claim

 

is to be determined in accordance with section (Rules against inducements to

 

make personal injury claims).”

 

Insert the following new Clause—

 

“Inducements: regulations

 

(1)    

This section applies to regulations under section (Rules against inducements

 

to make personal injury claims) or (Inducements: interpretation).

 

(2)    

The regulations are to be made by statutory instrument.


 
 

20

 
 

(3)    

The regulations may include consequential, supplementary, incidental,

 

transitional, transitory or saving provision.

 

(4)    

Regulations under section (Rules against inducements to make personal injury

 

claims) may not be made unless a draft of the instrument containing the

 

regulations has been laid before, and approved by a resolution of, each

 

House of Parliament.

 

(5)    

A statutory instrument containing regulations under section (Inducements:

 

interpretation) is subject to annulment in pursuance of a resolution of either

 

House of Parliament.”

Before Clause 46

Insert the following new Clause—

“Appeals from the Court of Protection

(1)    

Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court

of Protection) is amended as follows.

(2)    

For subsection (2) substitute—

“(2)    

Court of Protection Rules may provide that, where a decision of the

court is made by a specified description of person, an appeal from

the decision lies to a specified description of judge of the court and

not to the Court of Appeal.”

(3)    

Omit subsection (3).

(4)    

In subsection (4)(d), omit “higher”.”

Clause 51

Leave out Clause 51

Clause 52

Leave out Clause 52

After Clause 62

Insert the following new Clause—

“Reporting restrictions

Lifetime reporting restrictions in criminal proceedings for witnesses and

victims under 18

(1)    

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

(2)    

After section 45 (power to restrict reporting of criminal proceedings

involving persons under 18) insert—

“45A  

Power to restrict reporting of criminal proceedings for lifetime of

witnesses and victims under 18

(1)    

This section applies in relation to—


 
 

21

 
 

(a)    

any criminal proceedings in any court (other than a service

 

court) in England and Wales, and

 

(b)    

any proceedings (whether in the United Kingdom or

 

elsewhere) in any service court.

 

(2)    

The court may make a direction (“a reporting direction”) that no

 

matter relating to a person mentioned in subsection (3) shall during

 

that person’s lifetime be included in any publication if it is likely to

 

lead members of the public to identify that person as being

 

concerned in the proceedings.

 

(3)    

A reporting direction may be made only in respect of a person who

 

is under the age of 18 when the proceedings commence and who

 

is—

 

(a)    

a witness, other than an accused, in the proceedings;

 

(b)    

a person against whom the offence, which is the subject of

 

the proceedings, is alleged to have been committed.

 

(4)    

For the purposes of subsection (2), matters relating to a person in

 

respect of whom the reporting direction is made include—

 

(a)    

the person’s name,

 

(b)    

the person’s address,

 

(c)    

the identity of any school or other educational

 

establishment attended by the person,

 

(d)    

the identity of any place of work of the person, and

 

(e)    

any still or moving picture of the person.

 

(5)    

The court may make a reporting direction in respect of a person

 

only if it is satisfied that—

 

(a)    

the quality of any evidence given by the person, or

 

(b)    

the level of co-operation given by the person to any party to

 

the proceedings in connection with that party’s preparation

 

of its case,

 

    

is likely to be diminished by reason of fear or distress on the part of

 

the person in connection with being identified by members of the

 

public as a person concerned in the proceedings.

 

(6)    

In determining whether subsection (5) is satisfied, the court must in

 

particular take into account—

 

(a)    

the nature and alleged circumstances of the offence to which

 

the proceedings relate;

 

(b)    

the age of the person;

 

(c)    

such of the following as appear to the court to be relevant—

 

(i)    

the social and cultural background and ethnic

 

origins of the person,

 

(ii)    

the domestic, educational and employment

 

circumstances of the person, and

 

(iii)    

any religious beliefs or political opinions of the

 

person;

 

(d)    

any behaviour towards the person on the part of—

 

(i)    

an accused,

 

(ii)    

members of the family or associates of an accused, or

 

(iii)    

any other person who is likely to be an accused or a

 

witness in the proceedings.


 
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