Crime and Courts Bill (HL Bill 70)

(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)
insert—

“36A All functions of fines officers may be contracted-out

5A 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
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)
10(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
sums of that kind,”.

(4) In section 85 of the Magistrates’ Courts Act 1980 (power to remit fines) after
15subsection (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
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
20a 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
under section 139A and, subject to that, in payment”.

(6) In that Act after section 139 insert—

“139A 25 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
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
30amount 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,

(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,
35and

(c) the money is—

(i) the balance after deducting that figure from the total
received, or

(ii) if less, so much of that balance as equals the amount
40charged.

(3) Directions under this section—

(a) may be general or apply only in cases specified in them;

(b) may make different provision for different purposes;

(c) may be revoked by directions given by the Secretary of State.”

(7) 45In section 24(2) of the Criminal Justice Act 1991 (regulations about applications

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
5paragraph 42A of Schedule 5 to the Courts Act 2003;”.

(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
10Schedule 5 to the Courts Act 2003”.

24 Disclosure of information to facilitate collection of fines and other sums

(1) Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is
amended as follows.

(2) Paragraphs 9A to 10 (disclosure of information by Secretary of State to court
15officer to help court decide whether to apply for benefit deductions etc)
become Part 3A of the Schedule.

(3) Accordingly, after paragraph 9 insert—

(4) In the heading before paragraph 9A, after “Disclosure of information in
connection with” insert “making of attachment of earnings order or”.

(5)
20For paragraph 9A (power of Secretary of State to disclose information to help
court decide whether to apply for benefit deductions) substitute—

“9A (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
25person.

(1A) Her Majesty’s Revenue and Customs, or a person providing services
to the Commissioners for Her Majesty’s Revenue and Customs, may
disclose finances information to a relevant person.

(1B) The disclosure authorised by sub-paragraph (1) or (1A) is disclosure
30of the information concerned for the purpose of facilitating the
making, by the relevant court or a fines officer, of any of the
following—

(a) a decision as to whether to make an attachment of earnings
order in respect of P,

(b) 35a decision as to whether to make an application for benefit
deductions in respect of P, and

(c) such an order or application.

(2) In this paragraph—

• “finances information” means information which—

  (a)

  40is about a person’s income, gains or capital, and

  (b)

  is held—

  Crime and Courts BillPage 22

  (i)

  by Her Majesty’s Revenue and Customs, or

  (ii)

  by a person providing services to the
  Commissioners for Her Majesty’s Revenue
  and Customs in connection with the provision
  5of those services,

  or information which is held with information so held;

• “social security information” means information which is held
  for the purposes of functions relating to social security—

  (a)

  by the Secretary of State or a Northern Ireland
  10Department, 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,

  or information which is held with information so held.

(2A) 15The reference in sub-paragraph (2) to functions relating to social
security includes a reference to functions relating to any of the
matters listed in section 127(8) of the Welfare Reform Act 2012
(statutory payments and maternity allowances).

(3) In this paragraph “relevant person” means a person who is
20appointed by the Lord Chancellor under section 2(1) or provided
under a contract made by virtue of section 2(4).”

(6) In paragraph 9B(1) (limits on onward disclosure)—

(a) for “9A(3)” substitute “9A”, and

(b) for the words after “making” substitute “, by the relevant court or a
25fines officer, of such a decision, order or application as is mentioned in
paragraph 9A(1B).”

(7) In paragraph 9B(2)(b) (use of information otherwise than in connection with
decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-
paragraph” substitute “, order or application as is mentioned in paragraph
309A(1B)”.

(8) In paragraph 9B(3) (disclosures that are not unlawful)—

(a) in paragraph (a) (disclosure in accordance with order of a court etc)
after “order of a court” insert “or of a tribunal established by or under
an Act”, and

(b) 35in paragraph (b) (disclosure of information previously lawfully
disclosed) after “disclose” insert “or use—

(i) any information which is in the form of a
summary or collection of information so
framed as not to enable information relating
40to any particular person to be ascertained
from it, or

(ii)”.

(9) In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed
information punishable on summary conviction by a fine not exceeding level
454) for the words from “liable” to the end substitute “liable—

(a) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) to a fine, or

(iii) to both;

(b) on summary conviction—

(i) to imprisonment for a term not exceeding 12 months,
or

(ii) 5to a fine not exceeding the statutory maximum, or

(iii) to both.”

(10) In paragraph 9B after sub-paragraph (5) insert—

“(6) Sub-paragraph (5)(b) applies in relation to offences committed
before the commencement of section 154(1) of the Criminal Justice
10Act 2003 (general limit on power of magistrates’ courts to impose
imprisonment) as if the reference to 12 months were a reference to 6
months.

(7) A prosecution for an offence under sub-paragraph (2) may be
instituted only by or with the consent of the Director of Public
15Prosecutions.”

(11) Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”).

(12) In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—

(a) in sub-paragraph (1) for “This paragraph applies” substitute “Sub-
paragraphs (3) and (3A) apply”, and

(b) 20after sub-paragraph (3) insert—

“(3A) Relevant court” has the same meaning as in Part 3 of this
Schedule.

(3B) In paragraphs 9A and 10 (as in the provisions of this Schedule
which extend to England and Wales only)—

• 25“fines officer” has the meaning given by section 36;

• “P” has the meaning given by paragraph 1.”

(13) Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this
section, extend to Scotland and Northern Ireland (as well as to England and
Wales).

(14) 30Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2)
and (3), Act extends to England and Wales only) after “(3)” insert “and to
section 24(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C
and 10 of Schedule 5)”.

25 Disclosure of information for calculating fees of courts, tribunals etc

(1) 35The 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.

(2) Her Majesty’s Revenue and Customs, or a person providing services to the
40Commissioners 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.

(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

(b) 5must 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
10relating 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,

(ii) 15an 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).

(6) 20It 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—

(i) 25to imprisonment for a term not exceeding 2 years, or

(ii) to a fine, or

(iii) to both;

(b) on summary conviction—

(i) to imprisonment for a period not exceeding 12 months, or

(ii) 30to a fine not exceeding the statutory maximum, or

(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
35(general limit on magistrates’ court’s power to impose 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) 40may be instituted in England and Wales only by or with the consent of
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—

• 45“fee-remission application” means an application for any relief available
  to recipients of a social security benefit, or tax credit, from fees under
  any of—

  Crime and Courts BillPage 25

  (a)

  section 92 of the Courts Act 2003 (court fees),

  (b)

  section 52 of the Constitutional Reform Act 2005 (Supreme
  Court fees),

  (c)

  section 54 of the Mental Capacity Act 2005 (Court of Protection
  5fees),

  (d)

  section 58 of that Act (Public Guardian fees),

  (e)

  section 42 of the Tribunals, Courts and Enforcement Act 2007
  (tribunal fees),

  (f)

  paragraph 9 of Schedule 12 to the Commonhold and Leasehold
  10Reform 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
  Recognition Panel fees);

• 15“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

  (ii)

  by a person providing services to the Commissioners for
  20Her Majesty’s Revenue and Customs, in connection
  with the provision of those services;

• “relevant person” means—

  (a)

  the Lord Chancellor,

  (b)

  the Secretary of State,

  (c)

  25a person providing services to the Lord Chancellor or to the
  Secretary of State,

  (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
  30Capacity Act 2005;

• “social security information” means information which is held for the
  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
  35Northern Ireland Department, in connection with the provision
  of those services,

  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)

  40by Her Majesty’s Revenue and Customs, or

  (b)

  by a person providing services to the Commissioners for Her
  Majesty’s Revenue and Customs, in connection with the
  provision of those services.

26 Supreme Court security officers

(1) 45In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after

section 51 insert—

“Court security

51A Security officers

(1) A Supreme Court security officer is a person who is—

(a) appointed by the President of the Supreme Court under section
549(1) or provided under a contract, and

(b) designated by the President as a Supreme Court security officer.

(2) The President may give directions as to—

(a) training courses to be completed by Supreme Court security
officers;

(b) 10conditions to be met before a person may be designated as a
Supreme Court security officer.

(3) For the purposes of sections 51B to 51E, a Supreme Court security
officer who is not readily identifiable as such (whether by means of
uniform or badge or otherwise) is not to be regarded as acting in the
15execution of the officer’s duty.

(4) In those sections “court building” means any building—

(a) where the business of the Supreme Court, or of the Judicial
Committee of the Privy Council, is carried on, and

(b) to which the public has access.

51B 20Powers of search, exclusion, removal and restraint

(1) A Supreme Court security officer acting in the execution of the officer’s
duty may search—

(a) any person who is in, or seeking to enter, a court building, and

(b) any article in the possession of such a person.

(2) 25Subsection (1) does not authorise a Supreme Court security officer to
require a person to remove any of the person’s clothing other than a
coat, jacket, headgear, gloves or footwear.

(3) A Supreme Court security officer acting in the execution of the officer’s
duty may exclude or remove from a court building, or a part of a court
30building, any person who refuses—

(a) to permit a search under subsection (1), or

(b) to surrender an article in the person’s possession when asked to
do so under section 51C(1).

(4) A Supreme Court security officer acting in the execution of the officer’s
35duty may—

(a) restrain any person who is in a court building, or

(b) exclude or remove any person from a court building, or a part
of a court building,

if it is reasonably necessary to do so for one of the purposes given in
40subsection (5).

(5) The purposes are—

(a) enabling business of the Supreme Court, or of the Judicial
Committee of the Privy Council, to be carried on without
interference or delay;

(b) maintaining order;

(c) 5securing the safety of any person in the court building.

(6) A Supreme Court security officer acting in the execution of the officer’s
duty may remove any person from a courtroom at the request of—

(a) a judge of the Supreme Court, or

(b) a member of the Judicial Committee of the Privy Council.

(7) 10The powers given by subsections (3), (4) and (6) include power to use
reasonable force, where necessary.

51C Surrender, seizure and retention of knives and other articles

(1) If a Supreme Court security officer acting in the execution of the
officer’s duty reasonably believes that an article in the possession of a
15person who is in, or seeking to enter, a court building ought to be
surrendered on any of the grounds given in subsection (2), the officer
must ask the person to surrender the article; and, if the person refuses
to surrender the article, the officer may seize it.

(2) The grounds are that the article—

(a) 20may jeopardise the maintenance of order in the court building
(or a part of it),

(b) may put the safety of any person in the court building at risk, or

(c) may be evidence of, or in relation to, an offence.

(3) Subject to subsection (4), a Supreme Court security officer may retain
25an article which was—

(a) surrendered in response to a request under subsection (1), or

(b) seized under that subsection,

until the time when the person who surrendered it, or from whom it
was seized, is leaving the court building.

(4) 30If a Supreme Court security officer reasonably believes that the article
may be evidence of, or in relation to, an offence, the officer may retain
it until—

(a) the time when the person who surrendered it, or from whom it
was seized, is leaving the court building, or

(b) 35the end of the permitted period,

whichever is the later.

(5) In subsection (4) “the permitted period” means such period, not
exceeding 24 hours from the time the article was surrendered or seized,
as will enable the Supreme Court security officer to draw the article to
40the attention of a constable.

(6) Subsections (3) to (5) do not apply where a knife is—

(a) surrendered to a Supreme Court security officer in response to
a request under subsection (1), or

(b) seized by a Supreme Court security officer under that
45subsection,

but, instead, the knife must be retained in accordance with regulations
under section 51D(3) unless returned or disposed of in accordance with
those regulations or regulations under section 51D(1).

(7) If a Supreme Court security officer reasonably believes that a retained
5knife may be evidence of, or in relation to, an offence, nothing in
subsection (6) prevents the officer retaining the knife for so long as
necessary to enable the officer to draw it to the attention of a constable.

(8) In this section “knife” includes—

(a) a knife-blade, and

(b) 10any other article which—

(i) has a blade or is sharply pointed, and

(ii) is made or adapted for use for causing injury to the
person.

51D Regulations about retention of knives and other articles

(1) 15The Lord Chancellor may by regulations make provision as to—

(a) the provision to persons—

(i) by whom articles have been surrendered in response to
a request under subsection (1) of section 51C, or

(ii) from whom articles have been seized under that
20subsection,

of written information about the powers of retention of
Supreme Court security officers,

(b) the keeping of records about articles which have been so
surrendered or seized,

(c) 25the period for which unclaimed articles have to be kept, and

(d) the disposal of unclaimed articles at the end of that period.

(2) In subsection (1) “unclaimed article” means an article—

(a) which has been retained under section 51C,

(b) which a person is entitled to have returned,

(c) 30which has not been returned, and

(d) whose return has not been requested by a person entitled to it.

(3) Without prejudice to the generality of subsection (1), the Lord
Chancellor must by regulations make provision as to—

(a) the procedure to be followed when a knife is retained under
35section 51C;

(b) the making of requests by eligible persons for the return of
knives so retained;

(c) the procedure to be followed when returning a knife pursuant
to a request made in accordance with the regulations.

(4) 40In subsection (3)—

• “eligible person”, in relation to a knife retained under section 51C,
  means—

  (a)

  the person who surrendered the knife under subsection
  (1) of section 51C or from whom the knife was seized
  45under that subsection, or

  (b)

  any other person specified in regulations under
  subsection (3);

Crime and Courts BillPage 29

• “knife” has the same meaning as in section 51C.

51E Assaulting and obstructing Supreme Court security officers

(1) Any person who assaults a Supreme Court security officer acting in the
execution of the officer’s duty commits an offence.

(2) 5A person guilty of an offence under subsection (1) is liable on summary
conviction—

(a) to imprisonment for a term not exceeding 12 months, or

(b) to a fine not exceeding level 5 on the standard scale, or

(c) to both.

(3) 10Subsection (2) 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 magistrates’ court’s power to impose
imprisonment), and

(b) 15in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(4) A person who resists or wilfully obstructs a Supreme Court security
officer acting in the execution of the officer’s duty commits an offence.

(5) A person guilty of an offence under subsection (4) is liable on summary
20conviction to a fine not exceeding level 3 on the standard scale.”

(2) In section 48(3)(a) of the Constitutional Reform Act 2005 (delegation of
President’s functions to chief executive) after “under section 49(1)” insert “or
51A(1)(a) or (b)”.

27 Enabling the making, and use, of films and other recordings of proceedings

(1) 25The Lord Chancellor may, by order made with the concurrence of the Lord
Chief Justice, provide that a section mentioned in subsection (2) or any
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) 30does not apply in relation to the making of a recording, or the making
of a prescribed recording, if prescribed conditions are met, including
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) 35Those sections are—

(a) section 41 of the Criminal Justice Act 1925 (no photography or drawing
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
40court without permission, and no public playing of recordings).

(3) In order to ensure the fairness of any particular proceedings of a court or
tribunal or to ensure that any person involved in the proceedings is not unduly
prejudiced, the court or tribunal may—