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Criminal Justice and Courts Bill |
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lords INSISTENCE AND REASONS, Lords Non-Insistence and |
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Amendment in Lieu OF THOSE AMENDMENTS |
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[The page and line references are to HL Bill 30, the bill as first printed for the Lords.] |
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Page 29, line 36, at end insert— |
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“( ) | No female, nor any male under the age of fifteen, may be placed in |
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COMMONS DISAGREEMENT AND REASON |
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The Commons disagree to Lords Amendment No. 74 for the following reason— |
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74A | Because it is not appropriate to prevent the detention in secure colleges of males under the |
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| | LORDS INSISTENCE AND REASON |
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| | The Lords insist on their Amendment No. 74 for the following reason— |
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74B | Because the Lords remain of the view that it would be inappropriate to detain females, and |
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| | males under the age of fifteen, in a secure college. |
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| | LORDS AMENDMENTS NOS. 97 TO 102 |
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Page 64, line 35, leave out “must” and insert “may” |
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| | Page 64, line 37, leave out “not” and insert “decline to” |
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| | Page 65, line 10, leave out “must” and insert “may” |
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| | Page 65, line 13, leave out “must” and insert “may” |
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| | Page 65, line 33, leave out “must” and insert “may” |
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| | Page 65, line 40, leave out “must” and insert “may” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 97, 98, 99, 100, 101 and 102 for the |
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102A | Because it is appropriate to impose duties, rather than to confer discretions, on the High |
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| | Court and the Upper Tribunal in connection with judicial review proceedings in which it |
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| | is highly likely that the outcome for the applicant would not have been substantially |
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| | different if the conduct complained of had not occurred. |
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| | LORDS NON-INSISTENCE AND AMENDMENT IN LIEU |
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| | The Lords do not insist on their Amendments Nos. 97, 98, 99, 100, 101 and 102, but do |
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| | propose Amendment No. 102B in lieu— |
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102B | Page 65, line 46, at end insert— |
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| | “( ) | The duties of the court or tribunal under section 31(2A), (3B) and (3C) of the |
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| | Senior Courts Act 1981, or section 16(3B), (3C) and (3D) of the Tribunals, |
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| | Courts and Enforcement Act 2007, are subject to the discretion of the court |
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| | or tribunal to act otherwise where it considers it in the public interest to do |
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| | so in all the circumstances of the case.” |
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| | LORDS AMENDMENTS NOS. 103 TO 106 |
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Page 66, line 10, after “paragraph” insert “or, notwithstanding a failure to do so, the |
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court in its discretion considers that it is nevertheless appropriate to grant the |
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applicant leave to make the application for judicial review” |
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Page 66, line 32, after “paragraph” insert “or, notwithstanding a failure to do so, the |
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tribunal in its discretion considers that it is nevertheless appropriate to grant the |
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applicant permission or leave to apply for relief” |
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COMMONS DISAGREEMENT AND REASON |
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The Commons disagree to Lords Amendments Nos. 103, 104, 105 and 106 for the reason |
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Page 67, line 1, leave out “must” and insert “may” |
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| | Page 67, line 7, leave out “must” and insert “may” |
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| | COMMONS DISAGREEMENT AND REASON |
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| | The Commons disagree to Lords Amendments Nos. 103, 104, 105 and 106 for the following |
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106A | Because it is appropriate to impose duties, rather than confer discretions, on the High |
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| | Court, the Upper Tribunal and the Court of Appeal in connection with information about |
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| | the financing of applications for judicial review. |
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| | LORDS INSISTENCE AND REASON |
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| | The Lords insist on their Amendments Nos. 103, 104, 105 and 106 for the following |
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| | Because the High Court, the Upper Tribunal and the Court of Appeal should have a |
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| | reasonable degree of discretion in connection with information about the financing of |
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| | applications for judicial review. |
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