Criminal Justice and Courts Bill

House of Commons

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Lords Amendments to the Criminal Justice and Courts Bill

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Page 24, line 36, leave out from beginning to “the” in line 37 and insert “Where this

subsection applies,”

Page 24, line 40, after “offence” insert “, to the previous offence”

Page 24, line 47, at end insert—

“(6CA)
In considering whether it is of the opinion mentioned in subsection

(6B) in the case of a person aged 16 or 17, the court must have regard

to its duty under section 44 of the Children and Young Persons Act

1933 (general considerations).

(6CB)
Where—

(a)
an appropriate custodial sentence has been imposed on a

person under subsection (6B), and

(b)
a relevant conviction without which subsection (6B) would

not have applied has been subsequently set aside on appeal,


notice of appeal against the sentence may be given at any time

within 28 days from the date on which the conviction was set aside

(despite anything in section 18 of the Criminal Appeal Act 1968

(initiating procedure)).”

Page 25, line 7, leave out “(6B)” and insert “(6C)(a)”

Page 25, leave out line 13 and insert—

“(a)
a person is convicted of an offence under subsection (1) or

(2) by a court in England and Wales,

(aa)
the offence was”

Page 25, line 16, leave out from “had” to end of line 22 and insert “at least one

relevant conviction (see section 139AZA)”

Page 25, line 23, leave out from beginning to “the” in line 24 and insert “Where this

subsection applies,”

Page 25, line 27, after “offence” insert “, to the previous offence”

Page 25, line 34, at end insert—

“(5CA)
In considering whether it is of the opinion mentioned in subsection

(5B) in the case of a person aged 16 or 17, the court must have regard

to its duty under section 44 of the Children and Young Persons Act

1933 (general considerations).

(5CB)
Where—

(a)
an appropriate custodial sentence has been imposed on a

person under subsection (5B), and

(b)
a relevant conviction without which subsection (5B) would

not have applied has been subsequently set aside on appeal,


notice of appeal against the sentence may be given at any time

within 28 days from the date on which the conviction was set aside

(despite anything in section 18 of the Criminal Appeal Act 1968

(initiating procedure)).”

Page 25, line 41, leave out “(5B)” and insert “(5C)(a)”

Page 25, line 43, at end insert—

“( )
After section 139A insert—

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“139AZA
  Offences under sections 139 and 139A: previous relevant

convictions

(1)
For the purposes of sections 139 and 139A, “relevant conviction”

means—

(a)
a conviction for an offence under—

(i)
section 1 or 1A of the Prevention of Crime Act 1953,

or

(ii)
section 139, 139A or 139AA of this Act,


(a “relevant offence”), whenever committed,

(b)
a conviction in Scotland, Northern Ireland or a member

State other than the United Kingdom for a civilian offence,

whenever committed, which would have constituted a

relevant offence if committed in England and Wales at the

time of that conviction,

(c)
a conviction for an offence under section 42 of the Armed

Forces Act 2006, whenever committed, in respect of which

the corresponding offence under the law of England and

Wales (within the meaning of that section) is a relevant

offence,

(d)
a conviction for an offence under section 70 of the Army Act

1955, section 70 of the Air Force Act 1955 or section 42 of the

Naval Discipline Act 1957, whenever committed, in respect

of which the corresponding civil offence (within the

meaning of the Act in question) is a relevant offence, and

(e)
a conviction for a member State service offence, whenever

committed, which would have constituted a relevant

offence if committed in England and Wales at the time of

conviction.

(2)
In this section—

“civilian offence” means an offence other than—

(a)
an offence under an enactment mentioned in

subsection (1)(c) or (d), or

(b)
a member State service offence;

“conviction” includes—

(a)
in relation to an offence under section 42 of the

Armed Forces Act 2006, anything which by virtue of

section 376(1) and (2) of that Act is to be treated as a

conviction, and

(b)
in relation to an offence under section 42 of the

Naval Discipline Act 1957 and a member State

service offence, a finding of guilt in respect of the

person;

“member State service offence” means an offence which was

the subject of proceedings under the law of a member State,

other than the United Kingdom, governing all or any of the

naval, military or air forces of that State.

(3)
For the purposes of subsection (1)(c) and (d), where the offence was

committed by aiding, abetting, counselling or procuring, it must be

assumed that the act aided, abetted, counselled or procured was

done in England and Wales.””

Page 25, line 43, at end insert—

10

“( )
Schedule (Minimum sentence for repeat offences involving offensive weapons etc:

consequential provision) contains consequential provision.”
Before Clause 27
Insert the following new Clause—
“Extension of disqualification where custodial sentence also imposed
(1)
In section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed)—
(a)
in subsection (4)(e) and (f), omit “calculated after that term has been
reduced by any relevant discount”,
(b)
in subsection (4)(h), omit “calculated after that sentence has been
reduced by any relevant discount”, and
(c)
omit subsection (6) (definition of “relevant discount”).
(2)
In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000
(extension of disqualification where custodial sentence also imposed)—
(a)
in subsection (4)(e) and (f), omit “calculated after that term has been
reduced by any relevant discount”,
(b)
in subsection (4)(h), omit “calculated after that sentence has been
reduced by any relevant discount”, and
(c)
omit subsection (6) (definition of “relevant discount”).
(3)
In consequence of the amendments made by subsections (1) and (2), omit
paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.”
Insert the following new Clause—
“Mutual recognition of driving disqualification in UK and Republic of Ireland
(1)
Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU
Convention on driving disqualifications) is amended as follows.
(2)
For the heading of the Chapter substitute “Mutual recognition of driving
disqualification in UK and Republic of Ireland”.
(3)
In section 54 (application of duty of the UK to give notice of driving
disqualification)—
(a)
in subsection (1), for paragraph (a) substitute—
“(a)
an individual (“the offender”) is convicted of a
qualifying UK road traffic offence,
(aa)
when convicted, the offender—
(i)
is normally resident in the Republic of
Ireland, or
(ii)
is not normally resident in the Republic of
Ireland but holds a Republic of Ireland
licence,”, and
(b)
after subsection (1) insert—
“(1A)
A qualifying UK road traffic offence is—
(a)
an offence under the law of England and Wales or
Scotland mentioned in Schedule 3;

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(b)
an offence under the law of Northern Ireland

mentioned in Schedule 3A.”

(4)
In section 56(1) (application of duty of the UK to recognise driving

disqualification imposed outside the UK), for paragraph (a) substitute—

“(a)
an individual (“the offender”) is convicted in the Republic of

Ireland of an offence described in Schedule 3B,

(aa)
when convicted, the offender—

(i)
is normally resident in the United Kingdom, or

(ii)
is not normally resident in the United Kingdom but

holds a Great Britain licence or a Northern Ireland

licence,”.

(5)
After section 71 insert—

“71A
The specified agreement on driving disqualifications

(1)
In this Chapter, “the specified agreement on driving

disqualifications” means the agreement specified from time to time

by the Secretary of State by regulations for the purposes of this

Chapter.

(2)
The Secretary of State may only specify an agreement made—

(a)
between the United Kingdom and the Republic of Ireland,

and

(b)
for the purpose of giving effect in one of those States to

disqualification from driving imposed in the other on

conviction for an offence.

(3)
In this section, “disqualification from driving” means

disqualification from holding or obtaining a licence to drive a motor

vehicle.”

(6)
In Schedule (Mutual recognition of driving disqualification in UK and Republic

of Ireland) to this Act—

(a)
Part 1 contains further provision for the purpose of implementing

an agreement between the United Kingdom and the Republic of

Ireland on the mutual recognition of driving disqualification;

(b)
Part 2 contains provision about the transition from the EU

Convention on driving disqualification to that agreement.”
After Clause 27
Insert the following new Clause—
“Disclosing private sexual photographs and films with intent to cause distress
(1)
It is an offence for a person to disclose a private sexual photograph or film
if the disclosure is made—
(a)
without the consent of an individual who appears in the
photograph or film, and
(b)
with the intention of causing that individual distress.
(2)
But it is not an offence under this section for the person to disclose the
photograph or film to the individual mentioned in subsection (1)(a) and (b).

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(3)
It is a defence for a person charged with an offence under this section to

prove that he or she reasonably believed that the disclosure was necessary

for the purposes of preventing, detecting or investigating crime.

(4)
It is a defence for a person charged with an offence under this section to

show that—

(a)
the disclosure was made in the course of, or with a view to, the

publication of journalistic material, and

(b)
he or she reasonably believed that, in the particular circumstances,

the publication of the journalistic material was, or would be, in the

public interest.

(5)
It is a defence for a person charged with an offence under this section to

show that—

(a)
he or she reasonably believed that the photograph or film had

previously been disclosed for reward, whether by the individual

mentioned in subsection (1)(a) and (b) or another person, and

(b)
he or she had no reason to believe that the previous disclosure for

reward was made without the consent of the individual mentioned

in subsection (1)(a) and (b).

(6)
A person is taken to have shown the matters mentioned in subsection (4) or

(5) if—

(a)
sufficient evidence of the matters is adduced to raise an issue with

respect to it, and

(b)
the contrary is not proved beyond reasonable doubt.

(7)
For the purposes of subsections (1) to (5)—

(a)
“consent” to a disclosure includes general consent covering the

disclosure, as well as consent to the particular disclosure, and

(b)
“publication” of journalistic material means disclosure to the public

at large or to a section of the public.

(8)
A person charged with an offence under this section is not to be taken to

have disclosed a photograph or film with the intention of causing distress

merely because that was a natural and probable consequence of the

disclosure.

(9)
A person guilty of an offence under this section is liable—

(a)
on conviction on indictment, to imprisonment for a term not

exceeding 2 years or a fine (or both), and

(b)
on summary conviction, to imprisonment for a term not exceeding

12 months or a fine (or both).

(10)
Schedule (Disclosing private sexual photographs or films: providers of

information society services) makes special provision in connection with the

operation of this section in relation to persons providing information

society services.

(11)
In relation to an offence committed before section 154(1) of the Criminal

Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12

months is to be read as a reference to 6 months.

(12)
In relation to an offence committed before section 85 of the Legal Aid,

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

reference in subsection (9)(b) to a fine is to be read as a reference to a fine

not exceeding the statutory maximum.”

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Insert the following new Clause—

“Meaning of “disclose” and “photograph or film”

(1)
The following apply for the purposes of section (Disclosing private sexual

photographs and films with intent to cause distress), this section and section

(Meaning of “private” and “sexual”).

(2)
A person “discloses” something to a person if, by any means, he or she

gives or shows it to the person or makes it available to the person.

(3)
Something that is given, shown or made available to a person is

disclosed—

(a)
whether or not it is given, shown or made available for reward, and

(b)
whether or not it has previously been given, shown or made

available to the person.

(4)
“Photograph or film” means a still or moving image in any form that—

(a)
appears to consist of or include one or more photographed or

filmed images, and

(b)
in fact consists of or includes one or more photographed or filmed

images.

(5)
The reference in subsection (4)(b) to photographed or filmed images

includes photographed or filmed images that have been altered in any way.

(6)
“Photographed or filmed image” means a still or moving image that—

(a)
was originally captured by photography or filming, or

(b)
is part of an image originally captured by photography or filming.

(7)
“Filming” means making a recording, on any medium, from which a

moving image may be produced by any means.

(8)
References to a photograph or film include—

(a)
a negative version of an image described in subsection (4), and

(b)
data stored by any means which is capable of conversion into an

image described in subsection (4).”

Insert the following new Clause—

“Meaning of “private” and “sexual”

(1)
The following apply for the purposes of section (Disclosing private sexual

photographs and films with intent to cause distress).

(2)
A photograph or film is “private” if it shows something that is not of a kind

ordinarily seen in public.

(3)
A photograph or film is “sexual” if—

(a)
it shows all or part of an individual’s exposed genitals or pubic

area,

(b)
it shows something that a reasonable person would consider to be

sexual because of its nature, or

(c)
its content, taken as a whole, is such that a reasonable person would

consider it to be sexual.

(4)
Subsection (5) applies in the case of —

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(a)
a photograph or film that consists of or includes a photographed or

filmed image that has been altered in any way,

(b)
a photograph or film that combines two or more photographed or

filmed images, and

(c)
a photograph or film that combines a photographed or filmed

image with something else.

(5)
The photograph or film is not private and sexual if—

(a)
it does not consist of or include a photographed or filmed image

that is itself private and sexual,

(b)
it is only private or sexual by virtue of the alteration or combination

mentioned in subsection (4), or

(c)
it is only by virtue of the alteration or combination mentioned in

subsection (4) that the person mentioned in section (Disclosing

private sexual photographs and films with intent to cause distress)(1)(a)

and (b) is shown as part of, or with, whatever makes the

photograph or film private and sexual.”

Insert the following new Clause—

“Meeting a child following sexual grooming etc

(1)
In section 15(1)(a) of the Sexual Offences Act 2003 (meeting a child

following sexual grooming etc), for “on at least two occasions” substitute

“on one or more occasions”.

(2)
In a case in which person A met or communicated with person B only once

before the event mentioned in section 15(1)(a)(i) to (iii) of the Sexual

Offences Act 2003, an offence under that section is committed only if the

meeting or communication took place after this section comes into force.”
Clause 29
Page 29, line 36, at end insert—
“( )
No female, nor any male under the age of fifteen, may be placed in
a secure college.”
After Clause 32
Insert the following new Clause—
“Duties of custody officer after charge: arrested juveniles
In section 37(15) of the Police and Criminal Evidence Act 1984 (definitions
for the purposes of provisions about detention in Part 4 of that Act), in the
definition of “arrested juvenile”, for “under the age of 17” substitute “under
the age of 18”.”
Clause 36
Page 35, line 5, leave out “court” and insert “designated officer specified in the
notice”