Criminal Justice and Courts Bill

Amendments
to be moved
in committee

Clause 2

LORD FAULKS

 

Page 3, line 22, leave out “, (4), (5) and (6)” and insert “and (4)”

Clause 3

LORD FAULKS

 

Page 4, line 11, at end insert—

“( )     Part 4 of Schedule 15B to the Criminal Justice Act 2003 (offences under the
law of Scotland, Northern Ireland or a member State other than the United
Kingdom listed for the purposes of sections 224A(4) and 226A of that Act)
is amended as follows.

( )     In paragraph 49, for “An offence” substitute “A civilian offence”.

( )     After paragraph 49 insert—

“49A          A member State service offence which, if committed in England
and Wales at the time of the conviction, would have constituted
an offence specified in Part 1 or 2 of this Schedule.

49B          In this Part of this Schedule—

“civilian offence” means an offence other than an offence
described in Part 3 of this Schedule or a member State
service offence;

“member State service offence” means an offence which was
the subject of proceedings under the law of a member
State, other than the United Kingdom, governing all or
any of the naval, military or air forces of that State.””

 

Page 4, line 21, leave out “this section” and insert “subsections (2) to (5)”

After Clause 4

LORD FAULKS

 

Insert the following new Clause—

“Minor amendments

(1)     In section 224A of the Criminal Justice Act 2003 (life sentence for second
listed offence), at the end insert—

“(12)    Where an offence is found to have been committed over a period of
two or more days, or at some time during a period of two or more
days, it must be taken for the purposes of subsections (1)(b) and
(4)(a) to have been committed on the last of those days.”

(2)     In section 232A of that Act (certificates of conviction), for “section 224A”
substitute “sections 224A and 226A”.

(3)     In section 218A of the Armed Forces Act 2006 (life sentence for second
listed offence), at the end insert—

“(8)     Where an offence is found to have been committed over a period of
two or more days, or at some time during a period of two or more
days, it must be taken for the purposes of subsections (1)(c) and
(5)(a) to have been committed on the last of those days.””

After Clause 16

LORD FAULKS

 

Insert the following new Clause—

“Alternatives to prosecution: rehabilitation of offenders in Scotland

In Schedule 3 to the Rehabilitation of Offenders Act 1974 (protection for
spent alternatives to prosecution: Scotland), at the end insert—

“9  (1)     The powers conferred on the Scottish Ministers by—

(a)   paragraph 6, and

(b)   section 7(4), as applied by paragraph 8,

may be exercised to make provision relating to reserved matters
and are not subject to the restrictions imposed by section 29(2)(b)
or (c) of, or Schedule 4 to, the Scotland Act 1998.

(2)     In this paragraph, “reserved matters” has the same meaning as in
the Scotland Act 1998.””

After Clause 27

LORD FAULKS

 

Insert the following new Clause—

“Meeting a child following sexual grooming etc

(1)     In section 15(1)(a) of the Sexual Offences Act 2003 (meeting a child
following sexual grooming etc), for “on at least two occasions” substitute
“on one or more occasions”.

(2)     In a case in which person A met or communicated with person B only once
before the event mentioned in section 15(1)(a)(i) to (iii) of the Sexual
Offences Act 2003, an offence under that section is committed only if the
meeting or communication took place after this section comes into force.”

Clause 36

LORD FAULKS

 

Page 35, line 5, leave out “court” and insert “designated officer specified in the
notice”

Clause 38

LORD FAULKS

 

Page 37, leave out lines 9 to 12 and insert—

“(3)     The court may not hear any oral evidence and may consider only
the contents of the following—

(a)   the documents specified in subsection (2),

(b)   any document containing information to which subsection
(3A) applies, and

(c)   any written submission that the accused makes with a view
to mitigation of sentence.

(3A)    This subsection applies to information if—

(a)   a notice describing the information was served on the
accused at the same time as the documents specified in
subsection (2), and

(b)   a copy of the notice has been served on the designated
officer specified in the single justice procedure notice.”

 

Page 37, line 19, at end insert—

“( )     If the accused served on the designated officer specified in the
notice a written notification stating a desire to plead guilty and to
be tried in accordance with this section, the court may try the charge
as if the accused had pleaded guilty.”

 

Page 37, line 32, leave out “try the written charge” and insert “convict the accused
in proceedings conducted”

 

Page 40, line 7, at end insert—

“16F           Admissibility of statements

(1)     A statement contained in a document is admissible in proceedings
conducted in accordance with section 16A as evidence of a matter
stated if, in the particular case—

(a)   the document is one in relation to which section 16A(1)(c) is
satisfied, or

(b)   section 16A(3A) applies to the information in that document
(as the case may be).

(2)     Subsection (1) does not prevent a court taking into consideration
the nature of the evidence placed before it when deciding whether
it is appropriate to try the written charge in accordance with section
16A.

(3)     In this section “statement” means any representation of fact or
opinion.”

Clause 39

LORD FAULKS

 

Page 40, line 32, at end insert—

“( )   making an order under section 30A of the Road Traffic
Offenders Act 1988 (order to disregard penalty points if
approved course attended);”

Schedule 7

LORD FAULKS

 

Page 101, line 39, at end insert—

“( )     After subsection (1) insert—

“(1A)    The documents falling within subsection (1)(a) include a
summons directed to a person that is issued after the person’s
trial has begun.””

 

Page 102, line 7, at end insert—

“3A    In section 11 (non-appearance of accused: general provisions), after
subsection (5) insert—

“(5A)    Subsection (4) does not apply in relation to proceedings
adjourned under section 16C(3)(a) because of section 16C(2)
(adjournment of a section 16A trial because the accused indicates
a wish to make representations).””

 

Page 102, line 7, at end insert—

“3B    In section 123 (defect in process), after subsection (2) insert—

“(3)     In the application of this section to proceedings conducted in
accordance with section 16A—

(a)   a reference in subsection (1) or (2) to evidence adduced on
behalf of the prosecutor at a hearing is to be read as a
reference to evidence placed before the court on behalf of
the prosecutor, and

(b)   subsection (2) is to be read as if for the words from “has
been misled” to the end there were substituted “is likely
to have been misled by the variance, the court shall treat
the written charge as not being appropriate for trial in
accordance with section 16A.””

 

Page 102, line 34, at end insert—

“5A    The Road Traffic Offenders Act 1988 is amended as follows.

5B  (1)     Section 7 (duty of accused to provide licence) is amended as follows.

(2)     After subsection (1) insert—

“(1A)   Subsection (1B) applies where—

(a)   proceedings in relation to an offence involving obligatory
or discretionary disqualification are instituted by a
written charge and a single justice procedure notice,

(b)   the person prosecuted is the holder of a licence, and

(c)   after being convicted in proceedings conducted in
accordance with section 16A of the Magistrates’ Courts
Act 1980, the person is given the opportunity to make
representations or further representations under section
16C(2)(a) of that Act.

(1B)   Where this subsection applies, the person must (instead of
complying with subsection (1))—

(a)   cause the licence to be delivered to the designated officer
specified in the single justice procedure notice within
such period as the person is allowed for indicating a wish
to make such representations,

(b)   post it, at such time that in the ordinary course of post it
would be delivered within that period, in a letter duly
addressed to that officer and either registered or sent by
the recorded delivery service, or

(c)   if the person indicates a wish to make such
representations, have the licence with him at the hearing
appointed to be held because of that indication.

(1C)   Subsection (1B) does not apply (and subsection (1) applies
instead) if, before the period mentioned in subsection (1B)(a)
comes to an end, a summons is issued under section 16B(3)(b) or
16C(3)(b) of the Magistrates’ Courts Act 1980.”

(3)     In subsection (2)—

(a)   for “In subsection (1) above “proper officer” means—” substitute
“In this section—

“proper officer” means—”, and

(b)   at the end insert—

““single justice procedure notice” and “written
charge” have the same meaning as in section 29 of
the Criminal Justice Act 2003.””

 

Page 102, line 41, at end insert—

“6A (1)     Section 27 (production of licence) is amended as follows.

(2)     After subsection (4) insert—

“(4A)   Subsection (3) does not apply where section 7(1B) applies in
relation to the proceedings and the holder of the licence—

(a)   has caused a current receipt for the licence issued under
section 56 to be delivered to the designated officer
specified in the single justice procedure notice within the
period described in section 7(1B)(a),

(b)   has posted it to that officer within that period in such
manner as is described in section 7(1B)(b), or

(c)   surrenders such a receipt to the court at the hearing
described in section 7(1B)(c),

and produces the licence to the court immediately on its return.”

(3)     In subsection (5)—

(a)   for “In subsection (4) above “proper officer” means—” substitute
“In this section—

“proper officer” means—”, and

(b)   at the end insert—

““single justice procedure notice” has the same
meaning as in section 29 of the Criminal Justice
Act 2003.””

 

Page 102, line 41, at end insert—

“Pension Schemes Act 1993 (c. 48)

6B  (1)     Section 68 of the Pension Schemes Act 1993 (unpaid premiums:
supplementary) is amended as follows.

(2)     In subsection (1), after “1980” insert “or in proceedings conducted in
accordance with section 16A of that Act”.

(3)     After subsection (1) insert—

“(1A)    Where subsection (1) applies in relation to a person being tried in
accordance with section 16A of the Magistrates’ Courts Act 1980,
the reference in subsection (1)(b) to the designated officer for the
court is to be treated as including a reference to the designated
officer for a magistrates’ court specified in the single justice
procedure notice in question.””

 

Page 102, line 41, at end insert—

“Vehicle Excise and Registration Act 1994 (c. 22)

6C  (1)     Section 55 of the Vehicle Excise and Registration Act 1994 (guilty plea by
absent accused and amount payable under section 30 or 36) is amended
as follows.

(2)     After subsection (2) insert—

“(2A)    This section also applies if—

(a)   a person is convicted of an offence under section 29 or
35A while being tried in accordance with section 16A of
the Magistrates’ Courts Act 1980 (trial by single justice on
the papers), and

(b)   it is proved to the satisfaction of the court, in the manner
prescribed by Criminal Procedure Rules, that a relevant
notice was served on the accused with the written
charge.”

(3)     In subsection (3)—

(a)   in paragraph (a), for “in a case within subsection (1)(a)”
substitute “if the offence is an offence under section 29”, and

(b)   in paragraph (b), for “in a case within subsection (1)(b)”
substitute “if the offence is an offence under section 35A”.

(4)     In subsection (5), for “The court shall not so proceed” substitute “Where
this section applies by virtue of subsection (1), the court shall not
proceed as described in subsection (4)”.

(5)     After subsection (5) insert—

“(6)     Where this section applies by virtue of subsection (2A), the court
shall not proceed as described in subsection (4) if the written
notification served by the accused or the legal representative of
the accused in accordance with the single justice procedure
notice includes a statement that the amount specified in the
relevant notice is inappropriate.

(7)     In subsection (6) “single justice procedure notice” has the
meaning given by section 29 of the Criminal Justice Act 2003.””

 

Page 104, line 37, at end insert—

“Criminal Justice Act 2003 (c. 44)

16     In section 164 of the Criminal Justice Act 2003 (fixing of fines), after
subsection (5)(a) (but before the “or”) insert—

“(aa)   an offender has been convicted in the offender’s absence
in proceedings conducted in accordance with section 16A
of the Magistrates’ Courts Act 1980 (trial by single justice
on the papers),”.”

After Clause 49

LORD HOPE OF CRAIGHEAD

 

Insert the following new Clause—

“President of the Supreme Court

(1)     Section 5 of the Constitutional Reform Act 2005 (representations by senior
judges) is amended as follows.

(2)     After subsection (5) insert—

“(6)     The President of the Supreme Court may lay before Parliament
written representations on matters that appear to him to be matters
of importance relating to the Supreme Court or the jurisdiction it
exercises.””

 

Insert the following new Clause—

“Supplementary panel

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

(2)     In section 39(4) (supplementary panel)—

(a)   after “but only if,” insert “either”,

(b)   after “while he holds such office” insert “or within two years of
ceasing to hold such office”.”

In the Title

LORD FAULKS

 

Line 5, after “drivers;” insert “to amend the offence of meeting a child following
sexual grooming;”

Prepared 8th July 2014