Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Part 2 — Courts and Justice
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(b)
a reference to the Police Service of Northern Ireland includes a
reference to the Police Service of Northern Ireland reserve.
(3)
In any enactment—
(a)
a reference to a National Crime Agency officer is to be construed as a
reference to an NCA officer within the meaning of this Part;
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(b)
a reference to a function of the National Crime Agency is to be
construed as a reference to an NCA function within the meaning of this
Part (unless the context otherwise requires).
(4)
Definitions of the following terms used in this Part, or other provision relating
to the meanings of such terms, are contained in the provisions (outside this
10
section) which are indicated.

Term
Provision containing

definition etc

activities to combat crime (or a particular kind of
section 1(11)

crime)

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annual plan
section 4(3)

annual report
Part 2 of Schedule 2

crime-reduction function
section 1(4)

criminal intelligence function
section 1(5)

customs matter
section 9(8)

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framework document
Part 1 of Schedule 2

NCA special
paragraph 14 of

Schedule 1

operational power
section 9(8)

strategic priorities
section 3

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Part 2
Courts and Justice
Administration of justice
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Civil and family proceedings in England and Wales
(1)
In Part 1 of the County Courts Act 1984 at the beginning insert—
30
“The county court
A1
Establishment of a single county court
(1)
There is to be a court in England and Wales, called the county court, for
the purpose of exercising the jurisdiction and powers conferred on it—
(a)
by or under this or any other Act, or
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Crime and Courts Bill [HL]
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(b)
by or under any Act, or Measure, of the National Assembly for
Wales.
(2)
The county court is to be a court of record and have a seal.”
(2)
Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.
(3)
In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—
5
“Part 4A
The family court
31A
Establishment of the family court
(1)
There is to be a court in England and Wales, called the family court, for
the purpose of exercising the jurisdiction and powers conferred on it—
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(a)
by or under this or any other Act, or
(b)
by or under any Act, or Measure, of the National Assembly for
Wales.
(2)
The family court is to be a court of record and have a seal.”
(4)
Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is
15
repealed, as are the following related provisions of that Act: Part 2 of each of
Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).
(5)
Schedule 9 (amendments in connection with the county court replacing the
existing county courts) has effect.
(6)
Schedules 10 and 11 (amendments in connection with the establishment of the
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family court) have effect.
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Judicial appointments
Schedule 12 has effect. In that Schedule—
Part 1 provides for there to be no more than the equivalent of 12 full-time
judges of the Supreme Court, rather than exactly 12 judges, and makes
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provision about their selection,
Part 2 contains provisions to facilitate greater diversity among judges,
Part 3 amends provisions about membership of the Judicial
Appointments Commission,
Part 4—
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(a)
makes provision about selection for certain judicial
appointments, and
(b)
provides for the transfer, from the Lord Chancellor to the Lord
Chief Justice or the Senior President of Tribunals, of functions in
connection with selection for and appointment to judicial
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offices, and
Part 5 abolishes the office of assistant Recorder.
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Deployment of the judiciary
(1)
The Lord Chief Justice’s deployment responsibility includes (so far as it would
not otherwise do so, and subject to having regard to the responsibilities of the
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Crime and Courts Bill [HL]
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Senior President of Tribunals) responsibility for the maintenance of
appropriate arrangements for—
(a)
the deployment to tribunals of judiciary deployable to tribunals, and
(b)
the deployment to courts in England and Wales of judiciary deployable
to such courts.
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(2)
In subsection (1) “the Lord Chief Justice’s deployment responsibility” means
the responsibility that the Lord Chief Justice of England and Wales, as
President of the Courts of England and Wales, has under section 7(2)(c) of the
Constitutional Reform Act 2005 for the maintenance of appropriate
arrangements for the deployment of the judiciary of England and Wales.
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(3)
Each of the following is a tribunal for the purposes of subsection (1)(a)—
the Upper Tribunal,
the First-tier Tribunal,
the Employment Appeal Tribunal, and
an employment tribunal in England and Wales.
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(4)
Schedule 13 (which makes provision for deployment of judiciary to courts and
tribunals) has effect.
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Payment of fines and other sums
(1)
In the Magistrates’ Courts Act 1980 after section 75 insert—
“75A
Costs of collecting sums adjudged to be paid by a conviction
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(1)
Where a sum is adjudged to be paid by a conviction, the person liable
to pay the sum is also liable to pay amounts in respect of costs of doing
things for the purpose of collecting sums of that kind.
(2)
Where the person is charged such an amount, the sum adjudged to be
paid is treated as increased by that amount.
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(3)
No such amount may be charged unless a collection order or other
notice of the person’s liability to pay such amounts has been served on
the person.
(4)
Where time has been allowed for payment of the sum, no such amount
may be charged before the end of that time.
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(5)
Where payment is to be by instalments, no such amount may be
charged—
(a)
before the first occasion on which there is default in the
payment of an instalment, or
(b)
at any other time when the instalments are up to date.
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(6)
No such amount may be charged in respect of costs that may be
recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts
and Enforcement Act 2007 (costs related to taking control of goods and
selling them).
(7)
This section applies in relation to a sum even if a collection order is in
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force in relation to the sum.”
(2)
In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person
provided under a contract, who is so designated by the Lord Chancellor)

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insert—
“36A
All functions of fines officers may be contracted-out
A function given by or under an enactment to a fines officer as such is
to be taken for the purposes of section 2(5) (ban on contracting-out of
judicial functions) as not involving the making of judicial decisions and
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as not involving the exercise of any judicial discretion.”
(3)
In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1)
(contents of collection orders) after paragraph (c) insert—
“(ca)
explain how the sum due may be increased by amounts in
respect of costs of doing things for the purpose of collecting
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sums of that kind,”.
(4)
In section 85 of the Magistrates’ Courts Act 1980 (power to remit fines) after
subsection (4) (power does not extend to other sums) insert—
“(5)
Despite subsection (4) above, references in subsections (1) to (3) above
to a fine do include an amount that a person has been charged in respect
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of costs mentioned in section 75A(1) above if the person is liable under
section 75A(1) above to pay the amount as a result of being liable to pay
a fine as defined by subsection (4) above.”
(5)
In section 139(c) of that Act (disposal of balance of receipts on account of sum
adjudged to be paid) after “balance” insert “in accordance with any directions
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under section 139A and, subject to that, in payment”.
(6)
In that Act after section 139 insert—
“139A
Disposal of amounts received in respect of collection costs
(1)
The Secretary of State may give directions requiring that money
received on account of an amount charged as mentioned in section 75A
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is to be paid to the person who charged the amount.
(2)
For the purposes of this section, money is received on account of an
amount charged as mentioned in section 75A if—
(a)
the money is received on account of a sum whose amount has
been increased under that section,
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(b)
the total received on account of the sum is more than the figure
the sum would be if increases under that section are excluded,
and
(c)
the money is—
(i)
the balance after deducting that figure from the total
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received, or
(ii)
if less, so much of that balance as equals the amount
charged.
(3)
Directions under this section—
(a)
may be general or apply only in cases specified in them;
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(b)
may make different provision for different purposes;
(c)
may be revoked by directions given by the Secretary of State.”
(7)
In section 24(2) of the Criminal Justice Act 1991 (regulations about applications

Crime and Courts Bill [HL]
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by courts for benefit deductions) after paragraph (b) insert—
“(ba)
provision, including provision for deductions, in connection
with the fine or compensation to which an application relates
being treated as increased under section 75A of the 1980 Act or
paragraph 42A of Schedule 5 to the Courts Act 2003;”.
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(8)
In section 56(3) of the Education and Skills Act 2008 (normal enforcement
provisions do not apply to a non-participation fine once offender reaches 18)
after “to be concluded” insert “or to preserve existing increases under section
75A of the Magistrates’ Courts Act 1980 (collection costs) or paragraph 42A of
Schedule 5 to the Courts Act 2003”.
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Disclosure of information for calculating fees of courts, tribunals etc
(1)
The Secretary of State or a Northern Ireland Department, or a person providing
services to the Secretary of State or a Northern Ireland Department, may
disclose social security information to a relevant person who wants social
security information in connection with deciding a fee-remission application.
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(2)
Her Majesty’s Revenue and Customs, or a person providing services to the
Commissioners for Her Majesty’s Revenue and Customs, may disclose tax
credit information or finances information to a relevant person who wants tax
credit information or finances information in connection with deciding a fee-
remission application.
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(3)
Information disclosed to a relevant person under subsection (1) or (2)—
(a)
must not be further disclosed, except to another relevant person who
wants social security information, tax credit information or finances
information in connection with deciding a fee-remission application,
and
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(b)
must not be used otherwise than in connection with deciding a fee-
remission application.
(4)
Subsection (3) does not prohibit—
(a)
disclosure or use of information which is in the form of a summary or
collection of information so framed as not to enable information
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relating to any particular person to be ascertained from it;
(b)
disclosure or use of information which has previously been disclosed to
the public with lawful authority;
(c)
disclosure or use of information so far as necessary to comply with—
(i)
an order of a court,
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(ii)
an order of a tribunal established by or under an Act, or
(iii)
a duty imposed by or under an Act or Northern Ireland
legislation.
(5)
It is an offence for a person to disclose or use information in contravention of
subsection (3).
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(6)
It is a defence for a person charged with an offence under subsection (5) to
prove that the person reasonably believed that the disclosure or use concerned
was lawful.
(7)
A person guilty of an offence under subsection (5) is liable—
(a)
on conviction on indictment—
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(i)
to imprisonment for a term not exceeding 2 years, or

Crime and Courts Bill [HL]
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(ii)
to a fine, or
(iii)
to both;
(b)
on summary conviction—
(i)
to imprisonment for a period not exceeding 12 months, or
(ii)
to a fine not exceeding the statutory maximum, or
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(iii)
to both.
(8)
Subsection (7)(b) applies—
(a)
in England and Wales in relation to offences committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
(general limit on the magistrates’ court’s power to impose
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imprisonment), and
(b)
in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.
(9)
A prosecution for an offence under subsection (5)—
(a)
may be instituted in England and Wales only by or with the consent of
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the Director of Public Prosecutions, and
(b)
may be instituted in Northern Ireland only by or with the consent of the
Director of Public Prosecutions for Northern Ireland.
(10)
In this section—
“fee-remission application” means an application for any relief available
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to recipients of a social security benefit, or tax credit, from fees under
any of—
(a)
section 92 of the Courts Act 2003 (court fees),
(b)
section 52 of the Constitutional Reform Act 2005 (Supreme
Court fees),
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(c)
section 54 of the Mental Capacity Act 2005 (Court of Protection
fees),
(d)
section 58 of that Act (Public Guardian fees),
(e)
section 42 of the Tribunals, Courts and Enforcement Act 2007
(tribunal fees),
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(f)
paragraph 9 of Schedule 12 to the Commonhold and Leasehold
Reform Act 2002 (leasehold valuation tribunal fees),
(g)
paragraph 11 of Schedule 13 to the Housing Act 2004
(residential property tribunal fees), and
(h)
section 7 of the Gender Recognition Act 2004 (Gender
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Recognition Panel fees);
“finances information” means information which—
(a)
is about a person’s income, gains or capital, and
(b)
is held—
(i)
by Her Majesty’s Revenue and Customs, or
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(ii)
by a person providing services to the Commissioners for
Her Majesty’s Revenue and Customs, in connection
with the provision of those services;
“relevant person” means—
(a)
the Lord Chancellor,
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(b)
the Secretary of State,
(c)
a person providing services to the Lord Chancellor or to the
Secretary of State,

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(d)
any of the officers or staff of the Supreme Court, or
(e)
any of the officers or staff of, or a person providing services to,
the Public Guardian appointed for the purposes of the Mental
Capacity Act 2005;
“social security information” means information which is held for the
5
purposes of functions relating to social security—
(a)
by the Secretary of State or a Northern Ireland Department, or
(b)
by a person providing services to the Secretary of State or a
Northern Ireland Department, in connection with the provision
of those services,
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or information which is held with information so held;
“tax credit information” means information as to whether a person has
been awarded child tax credit or working tax credit which is held—
(a)
by Her Majesty’s Revenue and Customs, or
(b)
by a person providing services to the Commissioners for Her
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Majesty’s Revenue and Customs, in connection with the
provision of those services.
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Enabling the making, and use, of films and other recordings of proceedings
(1)
The Lord Chancellor may, by order made with the concurrence of the Lord
Chief Justice, provide that a section mentioned in subsection (2) or any
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provision of either of those sections—
(a)
does not apply in relation to the making of a recording or the making
of a prescribed recording;
(b)
does not apply in relation to the making of a recording, or the making
of a prescribed recording, if prescribed conditions are met, including
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conditions as to a court or tribunal or any other person being satisfied
as to anything or agreeing;
(c)
does not apply in relation to prescribed use of a prescribed recording.
(2)
Those sections are—
(a)
section 41 of the Criminal Justice Act 1925 (no photography or drawing
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in court of persons involved in proceedings, and no publication of
contravening images);
(b)
section 9 of the Contempt of Court Act 1981 (no sound recording in
court without permission, and no public playing of recordings).
(3)
In order to ensure the fairness of any particular proceedings of a court or
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tribunal or to ensure that any person involved in the proceedings is not unduly
prejudiced, the court or tribunal may—
(a)
direct that a provision disapplied in relation to the proceedings by an
order under subsection (1) is, despite the order, to apply in relation to
the proceedings, or
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(b)
direct that a provision disapplied in relation to the proceedings by an
order under subsection (1) is, despite the order, disapplied in relation
to the proceedings only if conditions specified in the direction are met.
(4)
No appeal may be made against—
(a)
a direction given under subsection (3), or
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(b)
a decision not to give a direction under that subsection.
(5)
In this section—