Criminal Justice and Courts Bill

second
marshalled
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 25 and 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 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 26

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

35A

Insert the following new Clause—

“Offence of driving while disqualified to be triable either way

(1)     In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution
and punishment of offences under the Traffic Acts) in the entry relating to
the offence of obtaining licence, or driving, while disqualified,
section 103(1)(b) of the Road Traffic Act 1988—

(a)   in column 3, for “6 months” substitute “12 months”;

(b)   in column 2, after paragraph (c) insert—

“(d)   On indictment, in England and Wales”; and

(c)   in column 3, after paragraph (c) insert—

“(d)   2 years or a fine or both”.

(2)     In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference to 12 months is to be read
as being a reference to six months.

(3)     The amendment made by this section applies only in relation to an offence
committed on or after the day on which it comes into force.”

After Clause 27

LORD FAULKS

36

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 28

BARONESS THORNTON

LORD BEECHAM

36A

Page 28, leave out lines 1 and 2

36B

Page 28, line 6, leave out from “portrays” to end of line 42 and insert “sexual
activity which involves real or apparent lack of consent or any form of physical
restraint which prevents participants from indicating a withdrawal of consent.”

36C

Page 28, leave out line 7 and insert “way, real or simulated depictions of either—”

36D

Page 28, line 7, leave out from “way,” to end of line 15 and insert “the portrayal of
sexual activity which involves real or apparent lack of consent.”

36E

Page 28, line 15, at end insert—

“(c)   sexual activity where one of the participants is portrayed in
such a way as to make them appear under 18;

(d)   a person participating in a sexual activity with someone
who is depicted as a member of their immediate family; and

(e)   sexual activity incorporating sexual threats, humiliation or
abuse which do not form part of a clearly consenting role-
playing game”

36F

Page 28, line 19, at end insert—

“(7C)    In determining whether (as found in the person’s possession) an
image depicts an act mentioned in subsection (7), reference may be
had to—

(a)   how the image is or was described (whether the description
is part of the image itself or otherwise),

(b)   any sounds accompanying the image, and

(c)   where the image forms the integral part of a narrative
constituted by a series of images—

(i)   any sounds accompanying the series of images, and

(ii)   the context provided by that narrative.”

After Clause 28

LORD MARKS OF HENLEY-ON-THAMES

BARONESS GRENDER

BARONESS BRINTON

BARONESS BARKER

37

Insert the following new Clause—

“Offence of publishing a sexually explicit or pornographic image without
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.”

38

Insert the following new Clause—

“Defence: publishing a sexually explicit or pornographic image without consent

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.”

39

Insert the following new Clause—

“Penalties: publishing a sexually explicit or pornographic image without
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

40

Insert the following new Clause—

“Revenge pornography

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

41

Insert the following new Clause—

“Assault on workers selling alcohol

(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

LORD LEXDEN

LORD BLACK OF BRENTWOOD

LORD FAULKNER OF WORCESTER

42

Insert the following new Clause—

“Disregarding certain convictions for buggery etc: making an application on
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”.”

BARONESS THORNTON

LORD BEECHAM

42A

Insert the following new Clause—

“Parliamentary procedure for designation

(1)     Where the Secretary of State proposes to make a designation under section
(Licensing of foreign pornographic services)(11), he shall lay particulars of his
proposal before both Houses of Parliament and shall not make the
proposed designation until after the end of the period of 40 days beginning
with the day on which the particulars of his proposal were so laid.

(2)     If, within the period mentioned in subsection (1), either House resolves that
the Secretary of State should not make the proposed designation, the
Secretary of State shall not do so, but without prejudice to his power to lay
before Parliament particulars of further proposals in accordance with that
subsection.

(3)     For the purposes of subsection (1)—

(a)   where particulars of a proposal are laid before each House of
Parliament on different days, the later day shall be taken to be the
day on which the particulars were laid before both Houses; and

(b)   in reckoning any period of 40 days, no account shall be taken of any
time during which Parliament is dissolved or prorogued or during
which both Houses are adjourned for more than four days.”

BARONESS THORNTON

LORD BEECHAM

BARONESS HOWE OF IDLICOTE

42B

Insert the following new Clause—

“Licensing of foreign pornographic services

(1)     The provider of a foreign pornographic service is guilty of an offence if the
service is not a service licensed by the appropriate licensing authority.

(2)     An application for a licence to provide a foreign pornographic service—

(a)   must be made in such a manner; and

(b)   must contain such information about the applicant, his business
and the service he proposes to provide,

as the appropriate licensing authority may determine.

(3)     The appropriate licensing authority may require an application for a
licence to provide a foreign pornographic service to be accompanied by a
fee if such fee is payable in accordance with a tariff approved by the
Secretary of State.

(4)     The Secretary of State may for the purposes of subsection (3) approve a
tariff providing for different fees for different classes of foreign
pornographic service and for different circumstances.

(5)     Any licence issued by the appropriate licensing authority must require that
any material which falls within section (Definition of a foreign pornographic
service
)(1)(b) is provided in a manner which secures that persons under 18
will not normally see or hear it.

(6)     The Secretary of State may by notice under this section require that any
licence issued by the appropriate licensing authority must contain
requirements other than that contained in subsection (5).

(7)     No licence issued by the appropriate licensing authority may stipulate a
condition other than one required under subsection (5) or (6).

(8)     The appropriate licensing authority may—

(a)   decline to issue a licence to a foreign pornographic service if that
service is in breach of any requirement under subsection (5) or (6);
or

(b)   revoke a licence to provide a foreign pornographic service if that
service is in breach of any requirement under subsection (5) or (6).

(9)     Unless revoked under subsection (8), a licence shall remain in force for one
year or for such shorter period as the appropriate licensing authority on the
grant of the licence may determine.

(10)     The appropriate licensing authority may transfer any licence granted by
them to such other person as they think fit.

(11)     The Secretary of State may by notice under this section designate any body
to be the appropriate licensing authority.

(12)     The Secretary of State shall not make any designation under this section
unless he is satisfied that adequate arrangements will be made by the
designated body for an appeal by any person against—

(a)   a refusal by the appropriate licensing authority to issue a licence to
that person; or

(b)   a decision by the appropriate licensing authority to revoke a licence
issued to that person.”

42C

Insert the following new Clause—

“Definition of a foreign pornographic service

(1)     A service is a foreign pornographic service if—

(a)   the principal purpose of the service is the provision of still images
or audio-visual material which is pornographic;

(b)   it includes pornographic material which depicts in an explicit and
realistic way—

(i)   penetration of the vagina or anus of a person with a part of
the body or anything else;

(ii)   oral sex;

(iii)   masturbation;

(iv)   ejaculation;

(v)   urinary or excretory function;

(vi)   acts of restraint or violence of threats which are associated
with sexual activity;

(c)   the provider of the service is not under the jurisdiction of a
European Union Member State for the purposes of the Audiovisual
Media Services Directive;

(d)   the pornographic still images of audio-visual material are received
by the user by means of an electronic communications network;
and

(e)   the service can be received in the United Kingdom by a member of
the public using standard consumer equipment.

(2)     In this section “pornographic” has the same meaning as in section 63 of the
Criminal Justice and Immigration Act 2008 (possession of extreme
pornographic images).”

42D

Insert the following new Clause—

“Penalties

A person guilty of an offence under section (Licensing of foreign pornographic
services
)(1) shall be liable, on summary conviction, to imprisonment for a
term not exceeding six months or a fine not exceeding level 5 on the
standard scale (or both).”

Clause 29

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

42E*

Page 29, line 34, at end insert—

“(d)   secure children’s homes.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

42F

Page 29, line 36, at end insert—

“( )     No person who is aged under 15 shall be detained in a secure
college established under subsection (1)(c).”

42G

Page 29, line 36, at end insert—

“( )     A young woman may not be placed in a secure college established
under subsection (1)(c).”

LORD HODGSON OF ASTLEY ABBOTTS

42H

Page 30, line 28, at end insert—

“(8A)    For every young person admitted to a secure college, secure
training centre or young offender institution, the Secretary of State
shall ensure that an individual learning plan shall be developed in
conjunction with other relevant statutory authorities and non-
statutory stakeholders which takes account of the prior learning of
that young person and sets out how the learning and development
of the young person is to be managed both within the college or
institution and how that development is to be continued and built
upon on release.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

42J

Page 31, line 10, at end insert—

“( )     The Secretary of State must make arrangements to ensure there is
adequate specialist provision to cater for the health and wellbeing
needs of all young persons detained in a secure college.”

42K

Page 31, line 10, at end insert—

“( )     The Secretary of State must make arrangements to ensure that
sufficient places are available in secure children’s homes to enable
young persons, for whom detention in a secure children’s home is
deemed more appropriate by the relevant authority than detention
in a secure college or young offender institution, to be so detained.”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

42L*

Page 31, line 15, after “further” insert “provisions and”

LORD RAMSBOTHAM

LORD BEECHAM

 


The above-named Lords give notice of their intention to oppose the Question that Clause 29
stand part of the Bill.

Schedule 5

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

42M*

Page 88, line 22, at end insert—

“(7)     Rules made pursuant to section 47 for the management of secure colleges
(“secure college rules”) are to be made by statutory instrument if and
insofar as they authorise the use of force against any person detained at
a secure college.

(8)     A statutory instrument containing secure college rules under this
section, if and insofar as they authorise the use of force against any
person detained at a secure college, is not to be made unless a draft of the
instrument has been laid before and approved by a resolution of each
House of Parliament.

(9)     Before a draft of secure college rules which would authorise the use of
force against any person detained at a secure college is laid before each
House of Parliament the Secretary of State must consult—

(a)   the Youth Justice Board;

(b)   the Independent Restraint Advisory Panel.”

42N*

Page 88, line 22, at end insert—

“Provisions concerning the use of force in secure colleges

3A     Secure college rules may authorise the use of force against any person
detained at a secure college in order to ensure that a safe and secure
environment is provided at such secure college for those detained there,
provided that all the following conditions are met—

(a)   the first condition is that the force is authorised only for the
purpose of—


(i)   self-defence or the protection of others, including the
protection of the person against whom the use of force is
authorised;


(ii)   the prevention of serious damage to property;


(iii)   preventing the escape of a detained person from lawful
custody; or


(iv)   carrying out a search of the detained person authorised
by secure college rules,

(b)   the second condition is that the force authorised must be used as
a last resort only to achieve the purpose set out in sub-paragraph
(a),

(c)   the third condition is that the force authorised must be the
minimum necessary to achieve the purpose set out in sub-
paragraph (a),

(d)   the fourth condition is that the force authorised must be applied
for the minimum duration necessary to achieve the purpose set
out in sub-paragraph (a),

(e)   the fifth condition is that the force authorised is limited to
techniques forming part of an approved system of restraint.

3B     Secure college rules must provide that all individuals authorised to use
force against any person detained at a secure college or any such person
as is mentioned in Schedule 6, paragraph 11, whether at a directly
managed secure college or a contracted-out secure college as defined in
Schedule 6, have received appropriate training in the use of force and in
minimum restraint techniques.”

LORD RAMSBOTHAM

LORD BEECHAM

43

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.””

 


The above-named Lords give notice of their intention to oppose the Question that
Schedule 5 be the Fifth Schedule to the Bill.

Clause 30

LORD RAMSBOTHAM

LORD BEECHAM

 


The above-named Lords give notice of their intention to oppose the Question that Clause 30
stand part of the Bill.

After Clause 30

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

43A

Insert the following new Clause—

“Pilot of secure colleges

(1)     Before the commencement of sections 29 and 30, the Secretary of State shall
undertake a pilot whereby no more than 50 young offenders are
accommodated in a secure college on detention.

(2)     The details of the pilot shall be set out in an order made by statutory
instrument.

(3)     A statutory instrument under this section 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 MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

43B*

Insert the following new Clause—

“Sentencing guidelines in respect of secure colleges

(1)     Section 120 of the Coroners and Justice Act 2009 (sentencing guidelines) is
amended as follows.

(2)     After subsection (11) insert—

“(12)    Sentencing guidelines must provide—

(a)   that no court should impose a custodial sentence upon an
offender who has not reached the age of 18 by reason of the
availability of a place at a secure college if the court would
not have imposed a custodial sentence had such a place not
been available;

(b)   that no court should impose a longer custodial sentence
upon an offender who has not reached the age of 18 by
reason of availability of a place at a secure college than the
court would have imposed had such a place not been
available.””

43C*

Insert the following new Clause—

“Provisions regarding secure colleges

(1)     The Secretary of State shall ensure that any secure colleges provided
pursuant to section 43 of the Prison Act 1952 (exercise of power to make
orders, rules and regulations), whether directly managed or contracted-out
(as defined in Schedule 6)—

(a)   are not used for the detention of girls and young women at the same
college as boys or young male offenders;

(b)   are not used for the detention of persons under the age of 15.

(2)     The Secretary of State shall when providing any secure college pursuant to
section 43 of the Prison Act 1952, whether directly managed or contracted-
out (as defined in Schedule 6), have as his primary consideration the
welfare of the persons detained there in decisions affecting them.

(3)     The Secretary of State, in providing any secure colleges pursuant to section
43 of the Prison Act 1952, whether directly managed or contracted-out (as
defined in Schedule 6), shall act with a view to the following aims—

(a)   ensuring that a safe and secure environment is provided for young
offenders in detention;

(b)   ensuring that young offenders are detained at an institution that is
sufficiently small to enable each offender to feel safe and secure and
to have appropriate individual attention from staff;

(c)   ensuring that young offenders are detained within a reasonable
distance of their homes and families, given their right to respect for
their private and family lives;

(d)   ensuring that young offenders are detained at premises where their
families are able to visit them and to stay overnight at or in the
vicinity of such premises where necessary without undue
inconvenience or expense;

(e)   meeting the need for young offenders to be provided with
continuity of supervision during their detention and upon their
release;

(f)   fulfilling the aim of improving the educational attainment of young
offenders;

(g)   fulfilling the aim of fostering in young offenders the skills,
motivation and self-confidence necessary to help them lead law-
abiding lives in the community and to reduce their risk of
reoffending;

(h)   providing courses at such secure colleges which will meet—

(i)   the need for courses to be suitable for all young offenders in
a secure college;

(ii)   the need for courses to be convenient for young offenders
sentenced and due to be released at different times;

(iii)   the need to provide for young offenders sentenced to
varying periods of detention;

(i)   ensuring the availability of appropriate facilities for both indoor
and outdoor recreation;

(j)   ensuring the availability of adequate staff with appropriate training
and suitable services to safeguard the health and wellbeing of those
detained there;

(k)   meeting the need to provide suitable facilities for young offenders
with special educational needs;

(l)   meeting the need to provide appropriate care for young offenders
with particular problems relating to their physical or mental health
(or both) and for young offenders with problems arising from drug
or alcohol abuse.

(4)     Before providing any secure college pursuant to section 43 of the Prison Act
1952, whether directly managed or contracted-out (as defined in Schedule
6), the Secretary of State shall consult the Youth Justice Board as to how
each of the aims set out in subsection (3) may be realised.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

43D*

Insert the following new Clause—

“Secure colleges—report to Parliament

(1)     Sections 29 and 30 may not come into force until a report setting out how
secure colleges will operate has been laid before, and approved by a
resolution of each House of Parliament.

(2)     A report under subsection (1) must in particular address—

(a)   the number of young people to be detained in a secure college;

(b)   the content of the educational programme which contractors will be
required to provide in a contracted out secure college;

(c)   how secure colleges will be required to comply with the health and
wellbeing needs of all young people;

(d)   the teaching, counselling or nursing qualifications that will be
required of all staff employed to deliver education or welfare at
secure colleges;

(e)   the minimum ratio of officers to prisoners in a contracted-out
secure college;

(f)   the requirements that will be placed on custody officers to assess
and promote a young offender’s best interests;

(g)   the safeguards that will be put in place to ensure that sufficient
places are provided for the most vulnerable young people in secure
children’s homes;

(h)   whether boys and girls under 15 and young women will be
accommodated in secure colleges and, if so, what provision is to be
made for them;

(i)   where the secure college’s rules will be set out and whether they
will have force of law;

(j)   how, and in what circumstances, reasonable force may be used in a
secure college; and

(k)   the tendering process for contracting-out the provision of secure
colleges.”

Schedule 6

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

44

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 BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

44A

Page 92, line 28, at end insert—

“Educational scheme for secure colleges

1AA (1)     The Secretary of State shall lay before Parliament a draft detailed
educational scheme for secure colleges.

(2)     The draft scheme must be approved by a resolution of each House of
Parliament, before a secure college may receive its first young person on
detention.”

LORD RAMSBOTHAM

44B

Page 93, line 19, at end insert—

“( )     The principal must—

(a)   keep special educational provision in the secure college under
review,

(b)   keep the special educational needs and disability training of the
secure college workforce under review, and

(c)   use their best endeavours to ensure the special education needs
of detained young people are met.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

44C

Page 93, line 19, at end insert—

“Staff

4A     All staff employed as teachers, counsellors or nurses at a secure unit
must hold qualifications as one of the following—

(a)   a qualified teacher;

(b)   an accredited member of the British Association for Counselling
and Psychotherapy;

(c)   a registered nurse of children.”

LORD RAMSBOTHAM

LORD BEECHAM

45

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.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

45A

Page 94, line 17, at end insert—

“(e)   to assess and promote their best interests”

LORD RAMSBOTHAM

46

Page 94, line 28, leave out paragraph 10

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

46A

Page 94, line 28, leave out paragraph 10 and insert—

“10    Secure college rules may only authorise the use of reasonable force on
children—

(a)   as a last resort;

(b)   for the purposes of preventing harm to the child or others; and

(c)   to the extent that the minimum force necessary should be used.”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

46B*

Page 94, line 39, leave out “reasonable”

46C*

Page 94, line 40, at end insert “provided that the second, third and fourth
conditions mentioned in Schedule 5, paragraph 3A(b), (c) and (d) are met”

LORD RAMSBOTHAM

LORD BEECHAM

47

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.”

48

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.”

 


The above-named Lords give notice of their intention to oppose the Question that
Schedule 6 be the Sixth Schedule to the Bill.

After Clause 32

LORD PONSONBY OF SHULBREDE

48A

Insert the following new Clause—

“Application of reporting restrictions to social media

Sections 39 and 49 of the Children and Young Persons Act 1933 shall apply
in relation to public electronic communications networks as they apply in
relation to newspapers, and sound and television broadcasts.”

LORD PONSONBY OF SHULBREDE

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

48B

Insert the following new Clause—

“Restrictions on reporting alleged offences involving persons under 18

(1)     Section 44 of the Youth Justice and Criminal Evidence Act 1999 (restrictions
on reporting alleged offences involving persons under 18) is amended as
follows.

(2)     In subsection (2), after “publication” insert “, sound or television broadcast,
or public electronic communications network”.

(3)     In subsection (5)(b), at end insert “or

(c)   in the case of public electronic communications networks, it
is sent”.

(4)     Section 44 of the Youth Justice and Criminal Evidence Act 1999, as
amended by this section, shall come into force on the day on which this Act
is passed.”

LORD PONSONBY OF SHULBREDE

48C

Insert the following new Clause—

“Section 39 orders under the Children and Young Persons Act 1933

(1)     The Children and Young Persons Act 1933 is amended as follows.

(2)     In section 39 (power to prohibit publication of certain matter in
newspapers), after subsection (1) insert—

“(1A)    Any such direction remains in force indefinitely, and after the child
reaches the age of 18 years, and until any application is granted to
vary the order under subsection (1B).

(1B)    The relevant criminal court may, upon an application and the
subject of the order reaching 18, dispense, to any extent specified in
a subsequent order, with the restrictions imposed by subsection (1)
only if—

(a)   there has been a relevant change of circumstances relating
to the person protected by the direction made under
subsection (1), subject to subsection (1C) below,

(b)   an application is made to the court to dispense with the
restrictions imposed by subsection (1),

(c)   the person protected by the direction made under
subsection (1) is informed of the application to dispense
with the restrictions and given the opportunity to make
representations, and

(d)   the court is satisfied that it is in the public interest for the
application to be granted.

(1C)    Reaching the age of 18 years alone will not be considered a relevant
change of circumstances for the purposes of subsection (1B)(a).

(1D)    When deciding whether to make an order under subsection (1B),
the court shall have regard to the welfare of the person protected by
the direction made under subsection (1).””

48D

Insert the following new Clause—

“Section 49 orders under the Children and Young Persons Act 1933

(1)     The Children and Young Persons Act 1933 is amended as follows.

(2)     In section 49 (restrictions on reports of proceedings in which children or
young persons are concerned), after subsection (11) insert—

“(12)    This section remains in force indefinitely, and after the child
reaches the age of 18 years, and until an order is made under
subsection (13).

(13)     The relevant criminal court may by order dispense, to any extent
specified in the order, with the restrictions imposed by this section
only if—

(a)   there has been a relevant change of circumstance relating to
the person protected by this section, subject to subsection
(14) below,

(b)   an application is made to the court to dispense with the
restrictions imposed by this section,

(c)   the person protected by this section is informed of the
application to dispense with the restrictions and given the
opportunity to make representations, and

(d)   the court is satisfied that it is in the public interest for the
application to be granted.

(14)     Reaching the age of 18 years alone will not be considered a relevant
change of circumstances for the purposes of subsection (13)(a).

(15)     When deciding whether to make an order under subsection (13),
the court shall have regard to the welfare of the person protected by
this section.””

After Clause 35

THE EARL OF LISTOWEL

48E

Insert the following new Clause—

“Duties of custody officer before charge

In section 37(15) of the Police and Criminal Evidence Act 1984 (duties of
custody officer before charge), for “17” substitute “18”.”

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

48F*

Insert the following new Clause—

“Electronic communications networks and anonymity of children

(1)     The Children and Young Persons Act 1933 is amended as follows.

(2)     In section 39 (power to prohibit publication of certain matters in
newspapers)—

(a)   in the title at end insert “sound and television broadcasts or other
public electronic communications”,

(b)   in subsection (1)(a), after “proceedings” insert “and no such report
in any sound or television broadcast or any electronic
communications network of whatever nature to which the public
has access”,

(c)   in subsection (1)(b) after “newspaper” insert “or in any sound or
television broadcast or any electronic communications network of
whatever nature to which the public has access”,

(d)   after subsection (1) insert—

“(1A)    Subject to subsection (1B), this section shall have effect
indefinitely, notwithstanding that a relevant child attains
the age of 18 years.

(1B)    The relevant court may by order made on the application of
any person dispense, to the extent specified in the order,
with the restrictions imposed by this section if—

(a)   there has been a relevant change of circumstances
relating to the person whose anonymity is protected
by this section,

(b)   the court is satisfied that the person whose
anonymity is protected by this section has been
served with the application and has had an
opportunity to make representations in respect of
the application, and

(c)   the court is satisfied, having regard to the welfare of
the person whose anonymity is protected by this
section, that it is in the public interest for such an
order to be made.

(1C)    For the purpose of subsection (1B)(a), the fact that a relevant
child has attained the age of 18 years shall not amount to a
relevant change of circumstances.

(3)     In section 49 (restrictions on reports of proceedings in which children or
young persons are concerned)—

(a)   in subsection (3) leave out “a programme service” and insert “any
sound or television broadcast or any electronic communications
network of whatever nature to which the public has access”; and

(b)   after subsection (11) insert—

“(12)    Subject to subsection (13), this section shall have effect
indefinitely, notwithstanding that a relevant child attains
the age of 18 years.

(13)     The relevant court may by order made on the application of
any person dispense, to the extent specified in the order,
with the restrictions imposed by this section if—

(a)   there has been a relevant change of circumstances
relating to the person whose anonymity is protected
by this section,

(b)   the court is satisfied that the person whose
anonymity is protected by this section has been
served with the application and has had an
opportunity to make representations in respect of
the application, and

(c)   the court is satisfied, having regard to the welfare of
the person whose anonymity is protected by this
section, that it is in the public interest for such an
order to be made.

(14)     For the purpose of subsection (13)(a), the fact that a relevant
child has attained the age of 18 years shall not amount to a
relevant change of circumstances.””

Clause 36

LORD FAULKS

49

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

Clause 38

LORD FAULKS

50

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.


9

(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.”

LORD PONSONBY OF SHULBREDE

[As an amendment to Amendment 50]

50A


Line 9, after “information” insert “specified as relevant to the charge”

50B

Page 37, line 17, at end insert—

“(5A)    The charges being tried in accordance with this section must be
made accessible to the public within 28 days of being served with
the documents specified in subsection (2) and before the trial date,
with—

(a)   the name and address of the accused, except where this is
prevented by a court order,

(b)   the offences with which the accused is charged, and

(c)   the latest date by which the trial is due to be held.

(5B)    The outcomes of trials held in accordance with this section must be
published within 28 days of sentence, including—

(a)   the name and address of the accused, except where this is
prevented by a court order,

(b)   the offences of which the accused has been convicted,

(c)   the date on which the trial was held, and

(d)   the sentence imposed.”

LORD FAULKS

51

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.”

LORD PONSONBY OF SHULBREDE

51A

Page 37, line 29, at end insert—

“( )     Nothing in subsection (5A) or (5B) should be read as imposing any
new restrictions on the publishing of information about trials by a
court.”

LORD FAULKS

52

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

53

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

54

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

LORD RAMSBOTHAM

55

Insert the following new Clause—

“Protection arrangements for children and dependants

(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

56

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.””

57

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).””

58

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.””

59

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.””

60

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.””

61

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.””

62

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.””

63

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),”.”

Before Clause 41

LORD FAULKS

63A

Insert the following new Clause—

“Low-value shoplifting: mode of trial

(1)     In section 22A of the Magistrates’ Courts Act 1980 (low-value shoplifting),
in subsection (2) (right to elect trial by Crown Court), for paragraph (b)
substitute—

“(b)   the court must proceed in relation to the offence in
accordance with section 51(1) of the Crime and Disorder Act
1998.”

(2)     In section 51 of the Crime and Disorder Act 1998 (sending cases to Crown
Court: adults), in subsection (2)(b), after “21,” insert “22A(2)(b),”.”

Clause 42

LORD PONSONBY OF SHULBREDE

63B

Page 43, line 21, leave out “to (4)” and insert “and (3)”

63C

Page 43, leave out lines 23 to 26 and insert “it is satisfied that it is in the interests of
justice to remit the charge”

63D

Page 43, leave out lines 27 to 35

63E

Page 44, leave out lines 3 to 7

Schedule 8

LORD FAULKS

63F

Page 106, line 18, at end insert—

“Proceeds of Crime Act 2002 (c. 29)

10A          In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on
court’s other powers), after “other than” insert “an order under section
21A of the Prosecution of Offences Act 1985 (criminal courts charge)
or”.”

After Clause 45

LORD FAULKS

64

Insert the following new Clause—

“Rules against inducements to make personal injury claims

(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.”

65

Insert the following new Clause—

“Effect of rules against inducements

(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)).”

66

Insert the following new Clause—

“Inducements: interpretation

(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
).”

67

Insert the following new Clause—

“Inducements: regulations

(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

68

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.””

69

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”.”

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

70

Page 64, line 35, leave out “must” and insert “may”

71

Page 64, line 37, leave out “not” and insert “decide not to”

72

Page 65, line 4, leave out subsection (2)

73

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

74

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

75

Page 68, line 16, leave out subsection (3)

76

Page 68, line 35, leave out paragraph (c)

77

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

78

Page 69, line 30, leave out “must” and insert “may”

79

Page 69, line 34, leave out “, or may provide,”

80

Page 69, line 38, leave out “, or may provide,”

81

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

82

Insert the following new Clause—

“Legal aid for judicial review

(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.”

LORD BEECHAM

82A

Insert the following new Clause—

“Judicial review: civil legal aid

No residence test may be applied to an individual who applies for civil
legal aid in relation to any proceedings for judicial review.”

Clause 73

LORD WOOLF

LORD PANNICK

83

Page 71, line 29, leave out “supplementary,”

84

Page 71, line 31, leave out subsection (2)

Clause 75

LORD FAULKS

84A

Page 72, line 11, leave out “subsection (2)” and insert “subsections (1A) and (2)”

84B

Page 72, line 11, at end insert—

“(1A)    Section (Low-value shoplifting: mode of trial) comes into force at the end of the
period of two months beginning with the day on which this Act is passed.”

LORD WOOLF

LORD PANNICK

85

Page 72, line 12, leave out “comes” and insert “and section (legal aid for judicial
review
) come”

Clause 76

LORD FAULKS

86

Page 72, line 23, leave out subsection (2)

87

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

88

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

Prepared 18th July 2014