Crime and Courts Bill

Insert the following new Clause—

“Immigration appeals: asylum and humanitarian protection

(1) Section 83 of the Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) In subsection (1)(b) omit the words “Kingdom” to the end and insert “, and—

(a) the leave has been granted for a period exceeding one year (or periods exceeding one year in aggregate); or

(b) the person is under 18 years of age at the time of the grant of leave; or

(c) there are reasonable grounds to believe that the person is a victim of human trafficking.”

Insert the following new Clause—

“Enforcement services

(1) The Legal Services Act 2007 is amended as follows.

(2) After section 125 insert—

“125A Extension of Part 6 to enforcement services

(1) For the purposes of this Part (and sections 1, 21 and 27 as they apply in relation to this Part)—

(a) the Bailiffs and Enforcement Agents Council is to be treated as an approved regulator;

(b) enforcement services are to be treated as a reserved legal activity;

(c) a person authorised under sections 63 and 64 of the Tribunals Courts and Enforcement Act services is to be treated as an authorised person in relation to that activity;

(d) the Bailiffs and Enforcement Agents Council is to be treated as a relevant authorising body in relation to such a person, and

(e) regulations under the Tribunals Courts and Enforcement Act 2007 and the National Standards for Enforcement Agents are to be treated as regulatory arrangements of the Bailiffs and Enforcement Agents Council as an approved regulator.

(2) For the purposes of sections 112 and 145 (as extended by this section), a person authorised under sections 63 and 64 of the Tribunals Courts and Enforcement Act is to be treated as a “relevant authorised person” in relation to the Regulator.””

Insert the following new Clause—

“Chief Executive of the Supreme Court of the United Kingdom

(1) The Constitutional Reform Act 2005 is amended as follows.

(2) For section 48(2) (chief executive), substitute—

“(2) The President of the Supreme Court shall appoint the Chief Executive in accordance with the arrangements for the time being in force for the selection of persons to be employed in the civil service of the State.”

(3) In section 49(2) (officers and staff), omit the words “with the agreement of the Lord Chancellor.””

Insert the following new Clause—

“Provide assistance for vulnerable defendants through intermediaries

(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.”

Page 34, line 7, 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 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.”

Page 218, line 11, at end insert—

(1) Part 3 of the Constitutional Reform Act 2005 is amended as follows.

(2) After section 31, insert—

“31A Diversity

The Lord Chancellor and any selection commission convened under section 26 must, in performing their functions under sections 27 to 31, have regard to the need to encourage diversity in the range of persons available for selection for appointments.””

Page 218, line 12, at end insert—

“(1) Section 27 of the Constitutional Reform Act 2005 is amended as follows.

(2) After subsection (5), insert—

“(5A) Neither subsection (5) nor Part 5 of the Equality Act 2010 (public appointments etc.) prevents the Lord Chancellor or any selection commission convened under section 26, where two or more persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within the judges of the Supreme Court.””

Page 218, line 24, at end insert—

9A In Part 6 of the Constitutional Reform Act 2005 (other provisions relating to the judiciary) after section 137 insert—

“137A Encouragement of diversity

Each of the Lord Chancellor and the Lord Chief Justice of England and Wales must take such steps as that office-holder considers appropriate for the purpose of encouraging judicial diversity.””

Page 268, line 6, at end insert—

28A (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 wherever appropriate to carry out unpaid work and participate in programmes designed to change offending behaviour with the particular needs of women in mind.”

Page 270, line 24, at end insert—

30A (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 young adult offenders.

(2) Provision under sub-paragraph (1) shall include provision for services which provide support and rehabilitation appropriate to the level of maturity of young adult offenders and which increases the likelihood of compliance with community orders.

(3) For the purposes of this paragraph “young adult offender” means a person who is aged at least 18 but under 21 when convicted.”

Page 273, line 36, leave out “broadly comparable to” and insert “not more than”