15120.22-28

House of Commons

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Lords Amendments to the Criminal Justice and Courts Bill

22

(7)
In determining that question the court must in addition consider

any views expressed—

(a)
by the person in respect of whom the reporting restriction

may be made, and

(b)
where that person is under the age of 16, by an appropriate

person other than an accused.

(8)
In determining whether to make a reporting direction in respect of

a person, the court must have regard to—

(a)
the welfare of that person,

(b)
whether it would be in the interests of justice to make the

direction, and

(c)
the public interest in avoiding the imposition of a

substantial and unreasonable restriction on the reporting of

the proceedings.

(9)
A reporting direction may be revoked by the court or an appellate

court.

(10)
The court or an appellate court may by direction (“an excepting

direction”) dispense, to any extent specified in the excepting

direction, with the restrictions imposed by a reporting direction.

(11)
The court or an appellate court may only make an excepting

direction if—

(a)
it is satisfied that it is necessary in the interests of justice to

do so, or

(b)
it is satisfied that—

(i)
the effect of the reporting direction is to impose a

substantial and unreasonable restriction on the

reporting of the proceedings, and

(ii)
it is in the public interest to remove or relax that

restriction.

(12)
No excepting direction shall be given under subsection (11)(b) by

reason only of the fact that the proceedings have been determined

in any way or have been abandoned.

(13)
In determining whether to make an excepting direction in respect

of a person, the court or the appellate court must have regard to the

welfare of that person.

(14)
An excepting direction—

(a)
may be given at the time the reporting direction is given or

subsequently, and

(b)
may be varied or revoked by the court or an appellate court.

(15)
For the purposes of this section—

(a)
criminal proceedings in a court other than a service court

commence when proceedings are instituted for the

purposes of Part 1 of the Prosecution of Offences Act 1985,

in accordance with section 15(2) of that Act;

(b)
proceedings in a service court commence when the charge

is brought under section 122 of the Armed Forces Act 2006.

(16)
In this section—

23

(a)
“appellate court”, in relation to any proceedings in a court,

means a court dealing with an appeal (including an appeal

by way of case stated) arising out of the proceedings or with

any further appeal;

(b)
“appropriate person” has the same meaning as in section 50;

(c)
references to the quality of evidence given by a person are

to its quality in terms of completeness, coherence and

accuracy (and for this purpose “coherence” refers to a

person’s ability in giving evidence to give answers which

address the questions put to the person and can be

understood both individually and collectively);

(d)
references to the preparation of the case of a party to any

proceedings include, where the party is the prosecution, the

carrying out of investigations into any offence at any time

charged in the proceedings.”

(3)
In section 49 (offences under Chapter 4)—

(a)
after subsection (1) insert—

“(1A)
This section also applies—

(a)
in England and Wales, Scotland and Northern

Ireland, if a publication includes any matter in

contravention of a direction under section 45A(2)

made by a service court;

(b)
in England and Wales, if a publication includes any

matter in contravention of a direction under section

45A(2) made by a court other than a service court.”,

and

(b)
at the end insert—

“(7)
Schedule 2A makes special provision in connection with the

operation of this section, so far as it relates to a publication

that includes matter in contravention of a direction under

section 45A(2), in relation to persons providing information

society services.”

(4)
In section 50 (defences)—

(a)
after subsection (6) insert—

“(6A)
Where—

(a)
a person is charged with an offence under section 49,

and

(b)
the offence relates to the inclusion of any matter in a

publication in contravention of a direction under

section 45A(2),


it shall be a defence, unless subsection (6B) or (8) applies, to

prove that the person in relation to whom the direction was

given had given written consent to the inclusion of that

matter in the publication.

(6B)
Written consent is not a defence by virtue of subsection (6A)

if the person was under the age of 18 at the time the consent

was given.”, and

(b)
in subsection (8), after “defence” insert “by virtue of subsections (5)

to (7)”.”

24

Insert the following new Clause—

“Reporting restrictions in proceedings other than criminal proceedings

(1)
Section 39 of the Children and Young Persons Act 1933 (power to prohibit

publication of certain matter in newspapers) is amended as follows.

(2)
In subsection (1)—

(a)
after “any proceedings” insert “, other than criminal proceedings,”,

and

(b)
after “direct that” insert “the following may not be included in a

publication”.

(3)
In subsection (1)(a)—

(a)
omit “no newspaper report of the proceedings shall reveal”, and

(b)
omit “, or include any particulars calculated to lead to the

identification,”.

(4)
In subsection (1), after paragraph (a) insert—

“(aa)
any particulars calculated to lead to the identification of a

child or young person so concerned in the proceedings;”.

(5)
In subsection (1)(b)—

(a)
for “no picture shall be published in any newspaper as being or

including” substitute “a picture that is or includes”, and

(b)
omit “as aforesaid”.

(6)
In subsection (2), for “publishes any matter” substitute “includes matter in

a publication”.

(7)
After subsection (2) insert—

“(3)
In this section—

“publication” includes any speech, writing, relevant

programme or other communication in whatever form,

which is addressed to the public at large or any section of

the public (and for this purpose every relevant programme

shall be taken to be so addressed), but does not include a

document prepared for use in particular legal proceedings;

“relevant programme” means a programme included in a

programme service within the meaning of the Broadcasting

Act 1990.”

(8)
In the heading of that section, omit “in newspapers”.

(9)
After that section insert—

“39A
Prohibition on publication of certain matters: providers of

information society services

Schedule 1A makes special provision in connection with the

operation of section 39 in relation to persons providing information

society services.”

(10)
In section 57(3) of the Children and Young Persons Act 1963 (extending

section 39 of the Children and Young Persons Act 1933 to Scotland) after

paragraph (a) (but before “and”) insert—

25

“(aa)
as it extends to Scotland, the said section 39 has effect as if

the references to a publication were references to a

newspaper;”.

(11)
In consequence of the amendment made by subsection (2)(a), omit

paragraph 2 of Schedule 2 to the Youth Justice and Criminal Evidence Act

1999.

(12)
Subsection (2)(a) does not affect the operation of section 39 of the Children

and Young Persons Act 1933 in relation to criminal proceedings instituted

before the day on which it comes into force.

(13)
For the purposes of subsection (12)—

(a)
proceedings other than proceedings on appeal are instituted when

proceedings are instituted for the purposes of Part 1 of the

Prosecution of Offences Act 1985, in accordance with section 15(2)

of that Act;

(b)
proceedings on appeal are instituted when the notice of appeal is

given or the reference under section 9 or 11 of the Criminal Appeal

Act 1995 is made.”

Insert the following new Clause—

“Reporting restrictions: information society services

Schedule (Reporting restrictions: providers of information society services)

makes special provision in connection with the operation of the following

in relation to persons providing information society services—

(a)
section 39 of the Children and Young Persons Act 1933;

(b)
section 49 of the Youth Justice and Criminal Evidence Act 1999 as it

applies to a publication that includes matter in contravention of a

direction under section 45A(2) of that Act.”
Before Clause 63
Insert the following new Clause—
“Representations to Parliament by the President of the Supreme Court
(1)
Section 5 of the Constitutional Reform Act 2005 (representations to
Parliament) is amended as follows.
(2)
At the beginning insert—
“(A1)
The President of the Supreme Court may lay before Parliament
written representations on matters that appear to the President to
be matters of importance relating to the Supreme Court or to the
jurisdiction it exercises.”
(3)
In subsections (2) and (3), for “those matters” substitute “the matters
mentioned in subsections (A1) and (1)”.”
Insert the following new Clause—

26

“The supplementary panel of the Supreme Court

In section 39(4) of the Constitutional Reform Act 2005 (circumstances in

which a judge of the Supreme Court becomes a member of the

supplementary panel), after “while he holds such office” insert “or within

2 years of ceasing to hold such office”.”
Clause 64
Page 64, line 35, leave out “must” and insert “may”
Page 64, line 37, leave out “not” and insert “decline to”
Page 65, line 10, leave out “must” and insert “may”
Page 65, line 13, leave out “must” and insert “may”
Page 65, line 33, leave out “must” and insert “may”
Page 65, line 40, leave out “must” and insert “may”
Clause 65
Page 66, line 10, after “paragraph” insert “or, notwithstanding a failure to do so, the
court in its discretion considers that it is nevertheless appropriate to grant the
applicant leave to make the application for judicial review”
Page 66, line 32, after “paragraph” insert “or, notwithstanding a failure to do so, the
tribunal in its discretion considers that it is nevertheless appropriate to grant the
applicant permission or leave to apply for relief”
Clause 66
Page 67, line 1, leave out “must” and insert “may”
Page 67, line 7, leave out “must” and insert “may”
Clause 67
Page 67, line 25, leave out subsections (2) to (6) and insert—
“( )
The High Court and the Court of Appeal shall have a discretion whether to
order an intervener to pay the costs of a relevant party to the proceedings,
and shall have a discretion whether to order a relevant party to the
proceedings to pay the intervener’s costs.”
Clause 75
Page 72, line 11, leave out “subsection (2)” and insert “subsections (1A) to (2A)”
Page 72, line 11, at end insert—
“(1A)
Section (Low-value shoplifting: mode of trial) comes into force at the end of the
period of two months beginning with the day on which this Act is passed.”
Page 72, line 12, leave out “This Part comes” and insert “Section (Appeals from the
Court of Protection) and this Part come”
Page 72, line 12, at end insert—

27

“(2A)
Paragraphs 23 to 25 of Schedule (Mutual recognition of driving disqualification

in UK and Republic of Ireland), and section (Mutual recognition of driving

disqualification in UK and Republic of Ireland)(6)(b) so far as it relates to those

paragraphs, come into force on the day on which this Act is passed.”
Clause 76
Page 72, line 22, leave out “to (4)” and insert “to (4A)”
Page 72, line 23, leave out subsection (2)
Page 72, line 29, at end insert—
“(4A)
Section (Reporting restrictions in proceedings other than criminal proceedings)(9)
and paragraph 1 of Schedule (Reporting restrictions: providers of information
society services) extend to England and Wales only.”
Page 72, line 34, leave out “23” and insert “22”
Page 72, line 34, at end insert—
“( )
sections (Disclosing private sexual photographs or films with intent to
cause distress) to (Meaning of “private” and “sexual”);”
Page 72, line 35, at end insert “and sections (Rules against inducements to make
personal injury claims) to (Inducements: regulations)”
Page 72, line 37, at end insert—
“( )
Schedule (Disclosing private sexual photographs or films: providers of
information society services);”
Schedule 1
Page 79, line 31, leave out from “Act” to end of line 32
Page 80, line 11, leave out from “Act” to end of line 12
Page 80, line 30, leave out sub-paragraph (3) and insert—
      “()
In subsection (5A) (inserted by section 13 of this Act)—
(a)
for “to a prisoner” substitute “to—
(a)
a prisoner”, and
(b)
at the end insert “, or
(b)
a prisoner serving a sentence imposed under
section 236A.””
Page 81, line 8, leave out sub-paragraph (3)
Before Schedule 3
Insert the following new Schedule—
“Recall adjudicators: further provision
Mental Health Act 1983 (c. 20)
1
The Mental Health Act 1983 is amended as follows.
2
In section 50(3)(a) (further provisions as to prisoners under sentence:
disregarding Parole Board powers when identifying release date), after

28

“Board” insert “or a recall adjudicator (as defined in section 239A of the

Criminal Justice Act 2003)”.

3    (1)
Section 74 (restricted patients subject to restriction directions) is

amended as follows.

      (2)
In subsection (5A)(a) and (b), after “Board” (in each place) insert “or a

recall adjudicator”.

      (3)
At the end insert—

“(8)
In this section “recall adjudicator” has the meaning given in

section 239A of the Criminal Justice Act 2003.”

Criminal Justice Act 2003 (c. 44)

4
The Criminal Justice Act 2003 is amended as follows.

5
Before section 239 insert—

“Parole Board and recall adjudicators”.

6
In section 239(1)(b) (functions of the Parole Board), after “by” insert “or

under”.

7    (1)
Section 250 (licence conditions) is amended as follows.

      (2)
In subsection (5A) (inserted by section 13 of this Act), for “Subsection

(5B) applies to a licence granted, either on initial release or after recall to

prison,” substitute “Subsections (5B) and (5C) apply”.

      (3)
In subsection (5B) (inserted by section 13 of this Act), at the beginning

insert “In the case of a licence granted when the prisoner is initially

released,”.

      (4)
After that subsection insert—

“(5C)
In the case of a licence granted when the prisoner is released after

recall to prison, the Secretary of State must not—

(a)
include a condition referred to in subsection (4)(b)(ii) in

the licence, either on release or subsequently, or

(b)
vary or cancel any such condition included in the licence,


unless a recall adjudicator directs the Secretary of State to do so.”

8
In section 260(2B) (early removal from prison of extended sentence

prisoners liable to removal from United Kingdom), after “Board” insert

“or a recall adjudicator”.

9
In section 268 (interpretation of Chapter 6 of Part 12), at the appropriate

place insert—

““recall adjudicator” has the meaning given in section

239A.”

10
In paragraph 34 of Schedule 20B (licence conditions in certain

transitional cases), for sub-paragraph (6) substitute—

  “(6)
In the case of a Parole Board licence granted when the prisoner

is initially released, the Secretary of State must not—

(a)
include a condition referred to in section 250(4)(b)(ii) in

the licence, either on release or subsequently, or