Session 2014-15
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Criminal Justice and Courts Bill
list of Amendments
to be moved
in committee
The amendments have been marshalled in accordance with the Instruction of 7th July 2014, as follows—
| Clauses 1 to 5 Schedule 1 Clause 6 Schedule 2 Clauses 7 to 17 Schedule 3 Clauses 18 to 26 Schedule 4 Clauses 27 to 29 Schedule 5 Clause 30 Schedule 6 | Clauses 31 to 40 Schedule 7 Clauses 41 and 42 Schedule 8 Clauses 43 to 60 Schedule 9 Clause 61 Schedule 10 Clauses 62 to 71 Schedule 11 Clauses 72 to 78 |
[Amendments marked * are new or have been altered]
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)”
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 4, line 26, at end insert—
“(10) Before this section comes into force, the Secretary of State shall—
(a) consult the Parole Board about the resources required for
additional hearings resulting from the implementation of this
section; and
(b) lay a report before Parliament containing—
(i) his assessment of the resources required for additional
hearings; and
(ii) his plans to ensure that the Parole Board has adequate
resources to fulfil the requirements of this section
effectively.”
Clause 4
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 4, line 39, at end insert—
“(4) Before this section comes into force, the Secretary of State shall—
(a) consult the Parole Board about the resources required for
additional hearings resulting from the implementation of this
section; and
(b) lay a report before Parliament containing—
(i) his assessment of the resources required for additional
hearings; and
(ii) his plans to ensure that the Parole Board has adequate
resources to fulfil the requirements of this section
effectively.”
After Clause 4
LORD FAULKS
Insert the following new Clause—
(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.””
LORD LESTER OF HERNE HILL
LORD PANNICK
LORD MARKS OF HENLEY-ON-THAMES
LORD LLOYD OF BERWICK
Insert the following new Clause—
After section 30 of the Crime (Sentences) Act 1997, insert—
“30A Review of whole life orders
(1) A prisoner who is—
(a) the subject of a whole life order made under—
(i) section 269 of the Criminal Justice Act 2003, or
(ii) section 82A(4) of the Powers of Criminal Courts
(Sentencing) Act 2000, and
(b) has beeen in custody for 25 years,
may apply to the Parole Board for a review of the whole life order.
(2) If on an application under subsection (1) the Parole Board is
satisfied that the prisoner has made such exceptional progress
towards rehabilitation that a whole life order is no longer justified,
it shall substitute a determinate tariff for the whole life order.
(3) No fresh application may be made by a prisoner under subsection
(1) before the period of five years has elapsed since the Parole
Board’s determination of the prisoner’s previous application.””
Clause 5
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 5, line 12, at end insert—
“(3) Before this section comes into force, the Secretary of State shall—
(a) consult the Parole Board about the resources required for
additional hearings resulting from the implementation of this
section; and
(b) lay a report before Parliament containing—
(i) his assessment of the resources required for additional
hearings; and
(ii) his plans to ensure that the Parole Board has adequate
resources to fulfil the requirements of this section
effectively.”
Clause 6
LORD MARKS OF HENLEY-ON-THAMES
BARONESS HAMWEE
LORD DHOLAKIA
Page 5, line 35, leave out subsection (3)
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 5, line 36, leave out from beginning to end of line 25 on page 6
Page 6, line 29, at end insert—
“(1A) The code of practice must include a requirement that a person
carrying out electronic monitoring who is not a public authority as
defined by section 3 of the Freedom of Information Act 2000 shall
provide information in respect of the carrying out of electronic
monitoring in the same manner as if they were such a public
authority.”
Page 6, line 31, at end insert—
“(3) A code of practice under this section must be made by statutory
instrument.
(4) A statutory instrument containing a code of practice under
subsection (3) may not be made unless a draft of the instrument has
been laid before and approved by a resolution of each House of
Parliament.”
After Clause 6
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Insert the following new Clause—
Within 12 months of section 6 coming into force, the Secretary of State shall
undertake a review of the operation of electronic monitoring and assess the
impact of mandatory electronic monitoring on those released on licence,
including the reoffending rates of these individuals.”
Schedule 2
LORD MARKS OF HENLEY-ON-THAMES
BARONESS HAMWEE
LORD DHOLAKIA
Page 82, line 21, leave out paragraph 4
Clause 7
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 7, line 2, at end insert—
“(4B) In considering whether the person is highly likely to breach a
condition included in the person’s licence, the conditions shall be
reviewed and amended as appropriate to ensure that the person is
able to comply.”
Page 9, line 26, at end insert—
“(9) Before this section comes into force, the Secretary of State shall—
(a) consult the Parole Board about the resources required for
additional hearings resulting from the implementation of this
section; and
(b) lay a report before Parliament containing—
(i) his assessment of the resources required for additional
hearings; and
(ii) his plans to ensure that the Parole Board has adequate
resources to fulfil the requirements of this section
effectively.”
Clause 8
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
The above-named Lords give notice of their intention to oppose the Question that Clause 8
stand part of the Bill.
Clause 9
LORD LLOYD OF BERWICK
LORD BROWN OF EATON-UNDER-HEYWOOD
Page 10, line 12, after “prisoners),” insert—
“(a) after subsection (2) insert—
“(2A) Without prejudice to the powers of the Secretary of State
under this section, the Parole Board must direct the release
on licence of IPP prisoners with a minimum tariff of less
than two years.”,”
Clause 10
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 10, line 29, after “fails,” insert “deliberately and”
Clause 14
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 15, line 24, at end insert—
“(4) Before this section comes into force, the Secretary of State shall lay before
Parliament a report describing his plans to ensure that safe and supervised
places are provided in which prisoners can take medication which has been
prescribed to them.”
After Clause 14
LORD PATEL OF BRADFORD
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Insert the following new Clause—
in prisons
Within 12 months of section 14 coming into force, the Secretary of State
shall report to Parliament on the incidence of drugs in prisons and the
effectiveness of drugs testing of prisoners in prisons.”
Clause 15
LORD MARKS OF HENLEY-ON-THAMES
BARONESS HAMWEE
LORD DHOLAKIA
Page 15, line 30, leave out from “except” to end of line 32 and insert “where the
regional Chief Crown Prosecutor certifies that, in his or her opinion—
(a) prosecution would not be in the public interest, or
(b) prosecution for the offence would be inappropriate having regard
to the circumstances of either the offender or the offence.”
Page 15, line 34, leave out from “except” to end of line 35 and insert “where the
regional Chief Crown Prosecutor certifies that, in his or her opinion—
(a) prosecution would not be in the public interest, or
(b) prosecution for the offence would be inappropriate having regard
to the circumstances of either the offender or the offence.”
Page 16, line 1, leave out from “except” to end of line 3 and insert “where the
regional Chief Crown Prosecutor certifies that, in his or her opinion—
(a) prosecution would not be in the public interest, or
(b) prosecution for the offence would be inappropriate having regard
to the circumstances of either the offender or the offence.”
LORD BEECHAM
LORD PONSONBY OF SHULBREDE
LORD KENNEDY OF SOUTHWARK
Page 16, line 4, after first “a” insert “senior”
LORD MARKS OF HENLEY-ON-THAMES
BARONESS HAMWEE
LORD DHOLAKIA
Page 16, line 6, leave out paragraph (a)
Page 16, line 12, leave out subsection (7)
LORD BEECHAM
LORD PONSONBY OF SHULBREDE
LORD KENNEDY OF SOUTHWARK
The above-named Lords give notice of their intention to oppose the Question that Clause 15
stand part of the Bill.
Clause 16
LORD MARKS OF HENLEY-ON-THAMES
BARONESS HAMWEE
LORD DHOLAKIA
Page 16, line 33, leave out subsection (4)
After Clause 16
LORD FAULKS
Insert the following new Clause—
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.””
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Insert the following new Clause—
In section 1 of the Police and Criminal Evidence Act 1984 (power of
constable to stop and search persons, vehicles etc.), after subsection (2)
insert—
“(2A) Where the person is below 10 years of age, an appropriate adult
must be present before the search may be undertaken.””
Clause 17
BARONESS FINLAY OF LLANDAFF
Page 17, line 3, leave out subsection (1) and insert—
“( ) It is an offence for an individual who has the care of another individual by
virtue of being a care worker to ill-treat or wilfully neglect that individual
in a way that amounts to a serious and substantial departure from the duty
owed by the care worker to the individual in all circumstances and causes
the avoidable death of, or serious harm to, that individual.”
LORD KENNEDY OF SOUTHWARK
LORD BEECHAM
Page 17, line 10, after “work,” insert “or as a volunteer,”
Page 17, line 13, after “work,” insert “or as a volunteer,”
Schedule 3
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 83, line 17, at end insert—
“(1A) For the purposes of sections 17 to 22, and for the avoidance of
doubt, clinical judgement exercised by a registered medical
practitioner is excluded.”
Clause 18
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 18, line 27, after “adult,” insert—
“( ) a director of a body corporate or unincorporated association which
provides for or arranges for the provision of care as set out in
paragraph (a), under specified circumstances to be set out by the
Secretary of State within 12 months of this Act coming into force,”
Before Clause 23
LORD BEECHAM
BARONESS SMITH OF BASILDON
Insert the following new Clause—
After section 9 of the Fraud Act 2006, insert—
(1) A person is guilty of an offence if, knowingly and without
reasonable cause, he uses a means of identification of another
person or a fictitious person.
(2) A person who is guilty of identity theft is liable, on summary
conviction, to imprisonment for a term not exceeding 6 months or
to a fine not exceeding the statutory maximum (or both).
(3) The Secretary of State may by regulations set out what constitutes a
defence under this section.””
Clause 23
LORD BLAIR OF BOUGHTON
LORD DEAR
The above-named Lords give notice of their intention to oppose the Question that Clause 23
stand part of the Bill.
Clause 24
LORD BLAIR OF BOUGHTON
LORD CONDON
LORD LLOYD OF BERWICK
The above-named Lords give notice of their intention to oppose the Question that Clause 24
stand part of the Bill.
Clause 25
LORD MARKS OF HENLEY-ON-THAMES
BARONESS HAMWEE
LORD DHOLAKIA
LORD PADDICK
The above-named Lords give notice of their intention to oppose the Question that Clause 25
stand part of the Bill.
After Clause 27
LORD FAULKS
Insert the following new Clause—
(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.”
After Clause 28
LORD MARKS OF HENLEY-ON-THAMES
BARONESS GRENDER
BARONESS BRINTON
BARONESS BARKER
Insert the following new Clause—
consent
(1) A person commits an offence if they publish a sexually explicit or
pornographic image of another identifiable person (whether or not that
person is engaged in a sexual or pornographic act), unless—
(a) the identifiable person consented to publication;
(b) the person who published the image reasonably believed the
identifiable person would have consented; or
(c) the person who published the image has reproduced an image that
has already been published by another person.
(2) For the purposes of this section it is immaterial who owns the copyright of
the published image.
(3) In this section “publish” means to reproduce, share or otherwise distribute
an image via the internet or other means.
(4) In this section a person is an “identifiable person” if—
(a) their face is displayed in the image;
(b) any other identifiable characteristics are displayed in the image;
(c) their name is displayed on, or otherwise connected to, the image; or
(d) the image contains any other information by which the identity or
address of the person could reasonably be ascertained.”
Insert the following new Clause—
It is a defence for a person charged under section (Offence of publishing a
sexually explicit or pornographic image without consent) to prove—
(a) that they had no reason to believe that the identifiable person did
not consent to the publication of the image; or
(b) that they did not intend to publish the image.”
Insert the following new Clause—
consent
A person guilty of an offence under section (Offence of publishing a sexually
explicit or pornographic image without consent) is liable—
(a) on conviction on indictment, to imprisonment for a term not
exceeding 12 months or a fine (or both);
(b) on summary conviction, to imprisonment for a term not exceeding
6 months or a fine (or both).”
BARONESS BERRIDGE
BARONESS MORRIS OF BOLTON
Insert the following new Clause—
After section 68 of the Sexual Offences Act 2003, insert—
“68A Revenge pornography
(1) A person commits an offence if—
(a) he discloses a recording of another person (B) doing a
private act;
(b) he does so with the intention that he or a third person will,
for the purpose of obtaining sexual gratification, look at an
image of B including doing a private act;
(c) he and B were in a private or confidential relationship
where they retained a reasonable expectation of privacy
with regard to disclosure beyond that relationship; and
(d) he knows that B does not consent to his disclosing the
recording with that intention.
(2) In proceedings for an offence under subsection (1), a person shall
have a defence where he can show that he made the disclosures for
the purpose of—
(a) lawful and common practices of law enforcement, criminal
reporting, legal proceedings, or medical treatment;
(b) the reporting of unlawful conduct;
(c) images of voluntary exposure by the individual in public or
commercial settings; or
(d) disclosures made in the public interest.
(3) For the purposes of this section—
(a) “disclosure” includes transferring, publishing, distributing,
or reproducing;
(b) “recording” includes a photograph, film, videotape,
recording, digital, or other reproduction;
(c) a person is doing a private act if the person is in a place
which, in the circumstances, would reasonably be expected
to provide privacy, and—
(i) the person’s genitals, buttocks or breasts are
exposed or covered only with underwear;
(ii) the person is doing a sexual act that is not of a kind
ordinarily done in public.””
LORD FOULKES OF CUMNOCK
LORD KENNEDY OF SOUTHWARK
Insert the following new Clause—
(1) A person who assaults a worker who is required to enforce or comply with
the Licensing Act 2003—
(a) in the course of that worker’s employment, or
(b) by reason of that worker’s employment,
commits an offence.
(2) In this section—
“worker selling alcohol” means a person whose employment involves
them selling alcohol under the provisions of the Licensing Act 2003;
“employment” in this context means any paid or unpaid work
whether under contract, apprenticeship, or otherwise.
(3) A person who is guilty of an offence under this section is liable—
(a) on conviction on indictment to imprisonment for a term not
exceeding two years or an unlimited fine (or both),
(b) on summary conviction to imprisonment for a term not exceeding
six months or a fine not exceeding the statutory minimum (or
both).”
LORD SHARKEY
Insert the following new Clause—
behalf of another person
(1) In section 92 of the Protection of Freedoms Act 2012 (power of Secretary of
State to disregard convictions or cautions), after subsection (1) insert—
“(1A) A person may make an application under subsection (1) on behalf
of another person if that other person is deceased.”
(2) In section 93 of that Act (applications to the Secretary of State)—
(a) in subsection (2)(a), at the end insert “or if applying on behalf of a
deceased person, the name and dates of birth and death of that
person”;
(b) in subsection (2)(b), at the end insert “or if applying on behalf of a
deceased person, the name and address of that person at the time of
the conviction or caution”.”
Clause 29
LORD RAMSBOTHAM
Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 29 stand
part of the Bill.
Schedule 5
LORD RAMSBOTHAM
Page 88, line 25, at end insert—
“ In section 52 (exercise of power to make orders, rules and regulations),
after subsection (3) insert—
“(4) Any statutory instrument containing rules in respect of secure
colleges made under section 47 may not be made unless a draft
of the instrument has been laid before and approved by a
resolution of each House of Parliament.””
Lord Ramsbotham gives notice of his intention to oppose the Question that Schedule 5 be
the Fifth Schedule to the Bill.
Clause 30
LORD RAMSBOTHAM
Lord Ramsbotham gives notice of his intention to oppose the Question that Clause 30 stand
part of the Bill.
Schedule 6
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Page 92, line 28, at end insert—
“(4) Where the Secretary of State enters into a contract with another person
under paragraph 1(1), and that person is not a public authority for the
purposes of section 3 of the Freedom of Information Act 2000 (public
authorities), that person shall be designated by the Secretary of State as
a public authority for the purposes of that section in relation to that
contract.”
LORD RAMSBOTHAM
Page 93, line 39, at end insert—
“5A
(1) The Secretary of State must by regulations made by statutory instrument
specify the minimum ratio of officers to prisoners in a contracted-out
secure college.
(2) A statutory instrument containing regulations under sub-paragraph (1)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”
Page 94, line 28, leave out paragraph 10
Page 96, line 38, at end insert—
“Content of educational programme
15A (1) The Secretary of State must by regulations made by statutory instrument
specify the content of the educational programme which contractors will
be required to provide.
(2) A statutory instrument containing regulations under sub-paragraph (1)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.”
Page 97, leave out line 14 and insert—
( ) A statutory instrument containing regulations under sub-paragraph
(1)(b) may not be made unless a draft of the instrument has been laid
before and approved by a resolution of each House of Parliament.”
Lord Ramsbotham gives notice of his intention to oppose the Question that Schedule 6 be
the Sixth Schedule to the Bill.
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);”
After Clause 40
LORD BLAIR OF BOUGHTON
LORD LOW OF DALSTON
LORD HODGSON OF ASTLEY ABBOTTS
Insert the following new Clause—
(1) The Criminal Justice Act 2003 is amended as follows.
(2) After section 174 (duty to give reasons for, and explain effect of, sentence)
insert—
“174A Duty to ask about children etc. left behind
(1) Any court passing a custodial sentence on an offender who was on
bail when awaiting sentence must ask what the arrangements are
for the care of any children of the offender or any vulnerable adult
who is dependent on the offender while the offender is in custody.
(2) If the court considers the arrangements are not satisfactory, the
court must make a referral to the relevant local authority social care
team.
(3) Any person or body having statutory responsibilities for children
or vulnerable adults must co-operate with the court in securing that
arrangements are made for their safety in the circumstances to
which subsection (1) refers.”
(3) The Bail Act 1976 is amended as follows.
(4) In section 5 (supplementary provisions about decisions on bail), after
subsection (5) insert—
“(5A) Where a court withholds bail in criminal proceedings from a person
to whom section 4 of this Act applies, the court must ask what the
arrangements are for the care of any children of the defendant or
any vulnerable adult who is dependent on the defendant while the
defendant is on remand in custody.
(5B) If the court considers the arrangements are not satisfactory, the
court must make a referral to the relevant local authority social care
team.
(5C) Any person having statutory responsibilities for children or
vulnerable adults must co-operate with the court in securing that
arrangements are made for their safety in the circumstances to
which subsection (5A) refers.”
(5) The provisions inserted by this section shall come into force two months
after the day on which this Act is passed.”
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 45
LORD FAULKS
Insert the following new Clause—
(1) A regulated person is in breach of this section if—
(a) the regulated person offers another person a benefit,
(b) the offer of the benefit is an inducement to make a claim in civil
proceedings for—
(i) damages for personal injury or death, or
(ii) damages arising out of circumstances involving personal
injury or death, and
(c) the benefit is not related to the provision of legal services in
connection with the claim.
(2) An offer of a benefit by a regulated person to another person is an
inducement to make a claim if the offer of the benefit—
(a) is intended to encourage the person to make a claim or to seek
advice from a regulated person with a view to making a claim, or
(b) is likely to have the effect of encouraging the person to do so.
(3) A benefit offered by a regulated person may be an inducement to make a
claim regardless of—
(a) when or by what means the offer is made,
(b) whether the receipt of the benefit pursuant to the offer is subject to
conditions,
(c) when the benefit may be received pursuant to the offer, or
(d) whether the benefit may be received by the person to whom the
offer is made or by a third party.
(4) The Lord Chancellor may by regulations make provision as to the
circumstances in which a benefit offered by a regulated person is related to
the provision of legal services in connection with a claim, including
provision about benefits relating to—
(a) fees to be charged in respect of the legal services,
(b) expenses which are or would be necessarily incurred in connection
with the claim, or
(c) insurance to cover legal costs and expenses in connection with the
claim.”
Insert the following new Clause—
(1) The relevant regulator must ensure that it has appropriate arrangements
for monitoring and enforcing the restriction imposed on regulated persons
by section (Rules against inducements to make personal injury claims).
(2) A regulator may make rules for the purposes of subsection (1).
(3) The rules may in particular provide that, in relation to anything done in
breach of that section, the relevant regulator may exercise any powers that
the regulator would have in relation to anything done by the regulated
person in breach of another restriction (subject to subsection (4)).
(4) A breach of section (Rules against inducements to make personal injury
claims)—
(a) does not make a person guilty of an offence, and
(b) does not give rise to a right of action for breach of statutory duty.
(5) Subsection (6) applies in a case where—
(a) a regulated person has offered a benefit to a person, and
(b) it appears to the regulator that the offer of the benefit is an
inducement to make a claim as mentioned in section (Rules against
inducements to make personal injury claims)(1)(b).
(6) Rules under subsection (2) may provide for the offer of the benefit to the
person to be treated as an inducement to make a claim as mentioned in
section (Rules against inducements to make personal injury claims)(1)(b) unless
the regulated person shows—
(a) that the benefit was offered for a reason other than encouraging the
person to make a claim or to seek advice from a regulated person
with a view to making a claim, or
(b) that the benefit is related to the provision of legal services in
connection with the claim (see regulations under section (Rules
against inducements to make personal injury claims)(4)).”
Insert the following new Clause—
(1) In relation to an offer of a benefit which is an inducement to make a claim
in civil proceedings for damages for personal injury or death or arising out
of circumstances involving personal injury or death—
(a) a regulator is any person listed in column 1 below;
(b) a regulated person is any person listed in column 2;
(c) a regulator in column 1 is the relevant regulator in relation to the
corresponding person in column 2.
|
Regulator |
Regulated person |
|
The General Council of the Bar |
A person authorised by the Council to carry on a reserved legal activity within the meaning of the Legal Services Act 2007 |
|
The Institute of Legal Executives |
A person authorised by the Institute to carry on a reserved legal activity within the meaning of the Legal Services Act 2007 |
|
The Law Society |
A person authorised by the Society to carry on a reserved legal activity within the meaning of the Legal Services Act 2007 |
|
A licensing authority for the purposes of Part 5 of the Legal Services Act 2007 (alternative business structures) |
A person who is licensed by the authority to carry on a reserved legal activity |
|
A regulatory body specified for the purposes of this section in regulations made by the Lord Chancellor |
A person of a description specified for the purposes of this section in regulations made by the Lord Chancellor in relation to the body specified under column 1 |
(2) For the purposes of this section and sections (Rules against inducements to
make personal injury claims) and (Effect of rules against inducements)—
“benefit” means—
(a) any benefit, whether or not in money or other property and
whether temporary or permanent, and
(b) any opportunity to obtain a benefit;
“claim” includes a counter-claim;
“legal services” means services provided by a person which consist of
or include legal activities (within the meaning of the Legal Services
Act 2007) carried on by or on behalf of that person;
“personal injury” includes any disease and any other impairment of a
person’s physical or mental condition.
(3) For the purposes of this section and section (Effect of rules against
inducements) whether an offer of a benefit is an inducement to make a claim
is to be determined in accordance with section (Rules against inducements to
make personal injury claims).”
Insert the following new Clause—
(1) This section applies to any regulations under section (Rules against
inducements to make personal injury claims) or (Inducements: interpretation).
(2) The regulations are to be made by statutory instrument.
(3) The regulations may include consequential, supplementary, incidental,
transitional, transitory or saving provision.
(4) Regulations under section (Rules against inducements to make personal injury
claims) may not be made unless a draft of the instrument containing the
regulations has been laid before, and approved by a resolution of, each
House of Parliament.
(5) A statutory instrument containing regulations under section (Inducements:
interpretation) is subject to annulment in pursuance of a resolution of either
House of Parliament.”
After Clause 49
LORD HOPE OF CRAIGHEAD
Insert the following new Clause—
(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—
(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”.”
Clause 51
LORD FAULKS
Lord Faulks gives notice of his intention to oppose the Question that Clause 51 stand part
of the Bill
Clause 52
LORD FAULKS
Lord Faulks gives notice of his intention to oppose the Question that Clause 52 stand part
of the Bill
Clause 64
LORD PANNICK
LORD WOOLF
LORD CARLILE OF BERRIEW
LORD BEECHAM
Page 64, line 35, leave out “must” and insert “may”
Page 64, line 37, leave out “not” and insert “decide not to”
Page 65, line 4, leave out subsection (2)
Page 65, line 26, leave out subsection (5)
The above-named Lords give notice of their intention to oppose the Question that Clause 64
stand part of the Bill.
Clause 65
LORD PANNICK
LORD WOOLF
LORD CARLILE OF BERRIEW
LORD BEECHAM
The above-named Lords give notice of their intention to oppose the Question that Clause 65
stand part of the Bill.
Clause 66
LORD PANNICK
LORD WOOLF
LORD CARLILE OF BERRIEW
LORD BEECHAM
The above-named Lords give notice of their intention to oppose the Question that Clause 66
stand part of the Bill.
Clause 67
LORD PANNICK
LORD WOOLF
LORD CARLILE OF BERRIEW
LORD BEECHAM
Page 67, line 25, leave out subsections (2) to (6) and insert—
“(2) The High Court and the Court of Appeal may not order costs to be paid as
between an intervener and a relevant party to the proceedings unless it
considers that there are exceptional circumstances which make it
appropriate to do so.
(3) In determining whether there are exceptional circumstances for the
purposes of subsection (2), the court must have regard to criteria specified
in rules of court.”
The above-named Lords give notice of their intention to oppose the Question that Clause 67
stand part of the Bill.
Clause 68
LORD PANNICK
LORD WOOLF
LORD CARLILE OF BERRIEW
LORD BEECHAM
Page 68, line 16, leave out subsection (3)
Page 68, line 35, leave out paragraph (c)
Page 68, line 42, leave out subsections (8) to (11)
The above-named Lords give notice of their intention to oppose the Question that Clause 68
stand part of the Bill.
Clause 69
LORD PANNICK
LORD WOOLF
LORD CARLILE OF BERRIEW
LORD BEECHAM
Page 69, line 30, leave out “must” and insert “may”
Page 69, line 34, leave out “, or may provide,”
Page 69, line 38, leave out “, or may provide,”
Page 70, line 3, leave out subsections (3) to (5)
The above-named Lords give notice of their intention to oppose the Question that Clause 69
stand part of the Bill.
After Clause 70
LORD PANNICK
LORD WOOLF
LORD CARLILE OF BERRIEW
LORD BEECHAM
Insert the following new Clause—
(1) The Lord Chancellor may not use the powers in section 2 or 9 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 to alter the
eligibility of any individual for legal aid for judicial review proceedings
(including applications for permission to apply for judicial review).
(2) Any statutory instrument made under the provisions referred to in
subsection (1) and which otherwise alters eligibility in the manner specified
in subsection (1) ceases to have effect in relation to legal aid for such
proceedings.”
Clause 73
LORD WOOLF
LORD PANNICK
Page 71, line 29, leave out “supplementary,”
Page 71, line 31, leave out subsection (2)
Clause 75
LORD WOOLF
LORD PANNICK
Page 72, line 12, leave out “comes” and insert “and section (legal aid for judicial
review) come”
Clause 76
LORD FAULKS
Page 72, line 23, leave out subsection (2)
Page 72, line 35, at end insert “and sections (Rules against inducements to make
personal injury claims) to (Inducements: regulations)”
In the Title
LORD FAULKS
Line 5, after “drivers;” insert “to amend the offence of meeting a child following
sexual grooming;”