Crime and Courts Bill [HL]

REVISED
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Order of 20th November 2012, as follows—

Clauses 23 and 24
Schedule 16
Clause 25
Schedule 17
Clauses 26 to 28
Schedule 14
Clause 29
Schedule 15
Clause 30
Schedule 18
Clauses 31 to 33

[Amendments marked * are new or have been altered]

Clause 23

BARONESS KENNEDY OF THE SHAWS

LORD LESTER OF HERNE HILL

113

Page 22, line 3, after “that” insert “in appellate proceedings”

LORD BEECHAM

LORD ROSSER

113ZA

Page 22, line 11, at end insert—

“(1A) Before issuing any order under subsection (1), the Lord Chancellor shall first report to Parliament that the following principles have been adhered to in any decisions made under subsection (1)—

(a) the protection of witnesses, victims, defendants, parties and jurors, who shall under no circumstances be recorded;

(b) the promotion and proper administration of justice;

(c) filming shall not be permitted if it would cause undue prejudice to any person involved in the proceedings.”

113ZB

Page 22, line 26, at end insert—

“( ) In making such a direction, the court or tribunal shall have regard to the principles set out in subsection (1A)(a) to (c).”

After Clause 23

LORD PANNICK

LORD LESTER OF HERNE HILL

LORD CARSWELL

LORD BEW

LORD MCNALLY

113A

Insert the following new Clause—

“Abolition of scandalising the judiciary as form of contempt of court

(1) Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law of England and Wales.

(2) That abolition does not prevent proceedings for contempt of court being brought against a person for conduct that immediately before that abolition would have constituted both scandalising the judiciary and some other form of contempt of court.”

BARONESS LINKLATER OF BUTTERSTONE

113AA

Insert the following new Clause—

“Eligibility for assistance

(1) An accused person in criminal proceedings is eligible for assistance by virtue of this section if the courts considers that the quality of that person’s participation in and understanding of court proceedings or of the evidence given by that person is likely to be diminished by reason of any circumstances falling within subsection (2).

(2) The circumstances falling within this subsection are that the accused person—

(a) suffers from mental disorder within the meaning of the Mental Health Act 1983, or

(b) otherwise has a significant impairment of intelligence and social functioning.

(3) Where the court determines that the accused person is eligible for assistance by virtue of this section, the court may then give a direction under this section providing for—

(a) assistance of the accused in preparing for court proceedings and in instructing the accused person’s legal representative to be provided by a person approved by the court for the purposes of this section (“an intermediary”),

(b) assistance of the accused person in understanding and participating in court proceedings to be provided by the intermediary, and

(c) the examination of the accused person to be conducted through the intermediary.

(4) The Secretary of State may, by regulations, make provision about the recruitment, accreditation, training and appraisal of intermediaries approved by courts under this section.”

113B

[Re-tabled as Amendment 108ZA]

Before Clause 24

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

113C

Insert the following new Clause—

“Self-defence

Use of force in self-defence at place of residence

(1) Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable force for purposes of self-defence etc) is amended as follows.

(2) Before subsection (6) (force not regarded as reasonable if it was disproportionate) insert—

“(5A) In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.”

(3) In subsection (6) at the beginning insert “In a case other than a householder case,”.

(4) After subsection (8) insert—

“(8A) For the purposes of this section “a householder case” is a case where—

(a) the defence concerned is the common law defence of self-defence,

(b) the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),

(c) D is not a trespasser at the time the force is used, and

(d) at that time D believed V to be in, or entering, the building or part as a trespasser.

(8B) Where—

(a) a part of a building is a dwelling where D dwells,

(b) another part of the building is a place of work for D or another person who dwells in the first part, and

(c) that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

(8C) Where—

(a) a part of a building is forces accommodation that is living or sleeping accommodation for D,

(b) another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and

(c) that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

(8D) Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

(8E) The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

(8F) In subsections (8A) to (8C)—

“building” includes a vehicle or vessel, and

“forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.”

(5) In subsection (9) (section intended to be clarificatory) after “This section” insert “, except so far as making different provision for householder cases,”.

(6) An amendment made by this section does not apply in respect of force used before the amendment comes into force.”

LORD LESTER OF HERNE HILL

113CA

Insert the following new Clause—

“Exemption from civil proceedings for trespass brought by offender

(1) Section 329 of the Criminal Justice Act 2003 (civil proceedings for trespass to the person brought by offender), is amended as follows.

(2) In subsection (1)(b) at end insert “, and”.

(3) After subsection (1)(b) insert—

“(c) at the material time, the defendant was not a constable acting in the course of his duty.””

After Clause 24

LORD AVEBURY

113D

Insert the following new Clause—

“Immigration appeals: asylum and humanitarian protection

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 83(1)(b) omit the words “Kingdom” to the end.”

113E

Insert the following new Clause—

“Unfounded human rights or asylum claims

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 94, omit subsection (8).

(3) The Asylum and Immigration (Treatment of Claimants etc.) Act 2004 is amended as follows.

(4) In Schedule 3, omit—

(a) paragraph 3(2);

(b) paragraph 6;

(c) paragraph 8(2);

(d) paragraph 11;

(e) paragraph 13(2); and

(f) paragraph 16.”

113F

Insert the following new Clause—

“Appeal in progress

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In section 104, omit “104(4A) to (4C).”

Schedule 16

LORD RAMSBOTHAM

113G

Page 250, line 34, leave out from beginning to end of line 19 on page 251

LORD WOOLF

113GZA

Page 251, line 8, leave out “exceptional”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

113GZB

Page 251, line 8, leave out “exceptional” and insert “particular”

LORD ROSSER

LORD BEECHAM

113GA

Page 251, line 14, at end insert—

“(2C) A punishment requirement may include—

(a) an accredited programme,

(b) a drug requirement,

(c) a curfew,

(d) an attending centre,

(e) a mental health requirement,

(f) a specified activity,

(g) a prohibitive activity,

(h) unpaid work, or

(i) exclusion.”

LORD WOOLF

113GB

Page 251, line 14, at end insert—

“(2C) Subsection (2A) does not apply where in the opinion of the court compliance with that subsection would reduce the likelihood that the order will prevent reoffending by the offender.”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

113GC

Page 251, line 19, at end insert—

“4A Nothing in this Schedule affects the provisions of section 142(1) of the Criminal Justice Act 2003 (purposes of sentencing).”

113GD

Page 251, line 33, at end insert “, and

(c) which gives an opportunity to a victim or victims to talk about, or by other means express experience of, the offending and its impact.”

LORD RAMSBOTHAM

BARONESS LINKLATER OF BUTTERSTONE

LORD ROSSER

BARONESS HOWE OF IDLICOTE

113GE

Page 252, line 6, at end insert—

“Part 2A Provision for female offenders

7A (1) Contracts made by the Secretary of State with probation trusts shall require each probation trust to make appropriate provision for the delivery of services to female offenders.

(2) Provision under sub-paragraph (1) shall include provision for women to carry out unpaid work and participate in programmes designed to change offending behaviour in groups consisting only of women.”

BARONESS HAMWEE

BARONESS LINKLATER OF BUTTERSTONE

LORD ROSSER

[As an amendment to Amendment 113GE]

113GF

Line 9, leave out “in groups consisting only of women” and insert “with the particular needs of women in mind”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

113H

Page 255, line 24, leave out from “In” to “before” in line 25 and insert “paragraph 1(5) of each of Schedules 9 and 13 (certain requirements not to be included in orders to be complied with in Scotland),”

113J

Page 255, line 26, at end insert—

“(4) In paragraph 3(1) of Schedule 9 and paragraph 6(1) of Schedule 13 (pre-conditions for imposing requirements where offender will be living in Northern Ireland) before the “and” at the end of paragraph (a) insert—

“(aa) in the case of an order imposing an electronic monitoring requirement within section 215(1)(b)—

(i) that any necessary provision can be made in the offender’s case under arrangements that exist for persons resident in that locality, and

(ii) that arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender’s whereabouts can be electronically monitored,”.

(5) In paragraphs 3(3)(b) and (4) and 13(b) of Schedule 9 and paragraph 6(3)(b) and (4) of Schedule 13 (references to the pre-conditions) for “and (b)” substitute “to (b)”.

(6) In paragraph 4(3)(d) of Schedule 9 and paragraph 9(3)(d) of Schedule 13 (disapplication of section 218(4)) for “subsection (4)” substitute “subsections (4) and (9)”.

(7) In paragraph 17 of Schedule 13 (reference to the pre-conditions) for “and (b)”, in the second place, substitute “to (b)”.”

114

Page 255, line 31, at end insert—

“Part 4A Community orders: further provision Breaches of community orders

21A (1) Omit paragraph (a) in each of subsections (2) and (5) of section 67 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (amendments which would have turned duties to deal with breaches into powers to do so).

(2) In paragraph 9(6) of Schedule 8 to the Criminal Justice Act 2003 (which refers to provision that would have been made by those amendments) for “have the power” substitute “be required”.

Community order not to be made in case of knife etc offence attracting minimum sentence

21B (1) In section 150 of the Criminal Justice Act 2003 (no power to make community order or youth rehabilitation order where sentence fixed by law)—

(a) the existing provision becomes subsection (1) of that section, and

(b) after that subsection insert—

“(2) The power to make a community order is not exercisable in respect of an offence for which the sentence—

(a) falls to be imposed under section 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for offence of threatening with offensive weapon in public), or

(b) falls to be imposed under section 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for offence of threatening with article with blade or point in public or on school premises or with offensive weapon on school premises).”

(2) In consequence of sub-paragraph (1), in Schedule 26 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 omit paragraph 19 (which would have made provision corresponding to the new section 150(2) of the 2003 Act but also preventing the making of youth rehabilitation orders).”

115

Page 258, line 13, at end insert “,

or information which is held with information so held;”

115A

[Withdrawn]

LORD ROSSER

LORD BEECHAM

115B

Page 260, line 24, at end insert—

“Part 8 Reorganisation of the National Probation Service

1 The Offender Management Act 2007 is amended as follows.

2 After section 15 insert—

“15A Power to reorganise the National Probation Service

(1) Any plans to reorganise the Probation Service for England and Wales must be instituted by regulations.

(2) Regulations under subsection (1) shall be subject to the affirmative resolution procedure of each House of Parliament.””

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

116

Transpose Schedule 16 to after Schedule 13

After Clause 25

LORD BEECHAM

LORD ROSSER

116ZA*

Insert the following new Clause—

“Requirement for review

(1) The provisions under section 25 and Schedule 17 shall cease to have effect at the end of a five year period beginning with the day the provisions come into force.

(2) Before the end of the five year period, the Secretary of State must—

(a) provide for a review of these provisions, in consultation with the Director of Public Prosecutions and the Director of the Serious Fraud Office,

(b) set out the conclusions of the review, and

(c) lay the Report before both Houses of Parliament.”

Schedule 17

LORD GOLDSMITH

116A

Page 262, line 21, leave out sub-paragraph (4)

116B

Page 262, line 22, leave out “broadly comparable to” and insert “not more than”

LORD BEECHAM

LORD ROSSER

116BA*

Page 262, line 23, at end insert—

“( ) Prior to the implementation of the provisions under this Schedule, the Sentencing Council shall lay before Parliament its proposals for the setting of financial penalties, which shall have the opportunity of debating them.”

LORD GOLDSMITH

116C

Page 262, line 24, leave out “may” and insert “shall”

116D

Page 262, line 24, after “the” insert “possible”

LORD BEECHAM

LORD ROSSER

116DA*

Page 262, line 43, at end insert—

“( ) The Code shall not come into effect until it has been laid before Parliament, and debated by both Houses.”

116DB*

Page 263, line 8, at end insert—

“( ) The new Code shall not be implemented until it has been laid before Parliament, and debated by both Houses.”

LORD GOLDSMITH

116E

Page 269, line 34, leave out “of financial or economic crime”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

117

Transpose Schedule 17 to before Schedule 14

Before Clause 26

LORD TAYLOR OF HOLBEACH

118

Insert the following new Clause—

“Immigration cases: appeal rights; and facilitating combined appeals

(1) In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002 (grounds of appeal: decision unlawful because of race discrimination etc by Northern Ireland public authority) after “1997” insert “or by virtue of section 29 of the Equality Act 2010 (discrimination in the exercise of public functions etc) so far as relating to race as defined by section 9(1) of that Act”.

(2) In section 99 of that Act (pending appeals lapse on issue of certificates)—

(a) in subsection (1) (list of provisions under which certificates may be issued) omit “96(1) or (2),”, and

(b) in the title, for “96 to” substitute “97 and”.

(3) For section 47(1) of the Immigration, Asylum and Nationality Act 2006 (decision that person is to be removed from the United Kingdom may be made while person can bring appeal) substitute—

“(1) Where the Secretary of State gives written notice of a pre-removal decision to the person affected, the Secretary of State may—

(a) in the document containing that notice,

(b) in a document enclosed in the same envelope as that document,

(c) otherwise on the occasion when that notice is given to the person, or

(d) at any time after that occasion but before an appeal against the pre-removal decision is brought under section 82(1) of the Nationality, Immigration and Asylum Act 2002,

also give the person written notice that the person is to be removed from the United Kingdom under this section in accordance with directions given by an immigration officer if and when the person’s leave to enter or remain in the United Kingdom expires.

(1A) In subsection (1) “pre-removal decision” means—

(a) a decision on an application—

(i) for variation of limited leave to enter or remain in the United Kingdom, and

(ii) made before the leave expires,

(b) a decision to revoke a person’s leave to enter or remain in the United Kingdom, or

(c) a decision to vary a person’s leave to enter or remain in the United Kingdom where the variation will result in the person having no leave to enter or remain in the United Kingdom.””

Clause 26

LORD AVEBURY

118A

Page 23, line 32, at end insert—

“( ) This section shall not have effect in relation to an appeal against a refusal of entry clearance where that decision was taken wholly or partly on a general ground for refusal in rules as laid by the Secretary of State for the purposes of section 1(4) of the Immigration Act 1971.”

118B

Leave out Clause 26

Clause 27

LORD AVEBURY

118C

Page 24, line 17, at end insert—

“(4) This section does not apply if—

(a) the person concerned is stateless,

(b) the person concerned has previously made an asylum claim or a human rights claim and been granted leave on that basis, or

(c) the person concerned asserts in his or her grounds of appeal an asylum claim or a human rights claim.”

118D

Leave out Clause 27

Clause 29

BARONESS MEACHER

118E

Page 28, line 24, leave out “controlled”

118F

Page 28, line 25, after “if” insert—

“(a) D has been involved in a road traffic accident, or

(b) D is in charge of a vehicle and the roadside evidence suggests D is impaired due to alcohol or a drug, and

(c) D is not taking a prescribed medicine,

(d) reliable tests have shown that the level of a drug in D’s blood or urine is above the level approved in regulations as presenting no threat to road safety, and”

After Clause 29

LORD DEAR

BARONESS KENNEDY OF THE SHAWS

LORD MACDONALD OF RIVER GLAVEN

LORD MACKAY OF CLASHFERN

119

Insert the following new Clause—

“Public order

Public order offences

(1) The Public Order Act 1986 is amended as follows.

(2) In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the two places where it occurs substitute “or abusive”.

(3) In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in the two places where it occurs substitute “or abusive”.”

LORD BEECHAM

LORD ROSSER

119A*

Insert the following new Clause—

“Criminal liability

A corporation may be held criminally liable for the illegal acts of its directors, officers, employees, and agents where the act is committed during the performance of duties which are intended, at least in part, to benefit the corporation.”

Clause 30

LORD TAYLOR OF HOLBEACH

120

Page 30, line 43, after “30” insert “or 30A”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

120A

Page 31, line 6, at end insert—

“( ) an order under paragraph 76E of Schedule 12;”

LORD BEECHAM

LORD ROSSER

120B

Page 31, line 14, at end insert—

“(4A) An order under section 23(1) may not take effect unless the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Clause 33

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

121

Page 32, line 41, after “17” insert “and 18”

122

Page 32, line 41, after second “to” insert “11, 12 and”

LORD PANNICK

LORD LESTER OF HERNE HILL

LORD CARSWELL

LORD BEW

LORD MCNALLY

122A

Page 33, line 1, leave out “Section 21(2) comes” and insert “Sections 21(2) and (Abolition of scandalising the judiciary as form of contempt of court) come”

BARONESS DEECH

122AA

Page 33, line 16, at end insert—

“( ) section (Appeals relating to regulation of the Bar);”

LORD PANNICK

LORD LESTER OF HERNE HILL

LORD CARSWELL

LORD BEW

LORD MCNALLY

122B

Page 33, line 17, at end insert—

“( ) section (Abolition of scandalising the judiciary as form of contempt of court);”

LORD TAYLOR OF HOLBEACH

LORD MCNALLY

122C

Page 33, line 33, at end insert—

“( ) Subsection (11) applies to section (Use of force in self-defence at place of residence) only so far as the provisions amended extend to England and Wales or apply in relation to service offences.”

123

Page 33, line 34, after “apply” insert “to amendments made by section (Disclosure of information to facilitate collection of fines and other sums)(13) and (14) or”

LORD TAYLOR OF HOLBEACH

124

Page 33, line 38, after “section” insert “(Immigration cases: rights of appeal; and facilitating combined appeals),”

Prepared 10th December 2012