Criminal Justice and Courts Bill

The above-named Lords give notice of their intention to oppose the Question that Clause 25
stand part of the Bill.

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—

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

(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.”

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.”

Page 28, leave out lines 1 and 2

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.”

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

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.”

Page 28, line 15, at end insert—

Page 28, line 19, at end insert—

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.”

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.”

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).”

Insert the following new Clause—

“Revenge pornography

After section 68 of the Sexual Offences Act 2003, insert—

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).”

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—

(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”.”

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.”

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.”

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).”

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).”

Page 29, line 34, at end insert—

Page 29, line 36, at end insert—

Page 29, line 36, at end insert—

Page 30, line 28, at end insert—

Page 31, line 10, at end insert—

Page 31, line 10, at end insert—

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

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

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.”

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.”

Page 88, line 25, at end insert—

“      In section 52 (exercise of power to make orders, rules and regulations),
after subsection (3) insert—

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

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

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.”

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—

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.”

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.”

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.”

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.”

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.”

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.”

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 17, at end insert—

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

Page 94, line 28, leave out paragraph 10

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.”

Page 94, line 39, leave out “reasonable”

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”

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.”

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

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.”

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

(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.”

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—

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—

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”.”

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—

(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—

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

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

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

Page 37, line 17, at end insert—

Page 37, line 19, at end insert—

Page 37, line 29, at end insert—

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—

Page 40, line 32, at end insert—

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—

(3)     The Bail Act 1976 is amended as follows.

(4)     In section 5 (supplementary provisions about decisions on bail), after
subsection (5) insert—

(5)     The provisions inserted by this section shall come into force two months
after the day on which this Act is passed.”

Page 101, line 39, at end insert—

“( )     After subsection (1) insert—

Page 102, line 7, at end insert—

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

Page 102, line 7, at end insert—

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

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—

(3)     In subsection (2)—

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

(b)   at the end insert—

Page 102, line 41, at end insert—

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

(2)     After subsection (4) insert—

(3)     In subsection (5)—

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

(b)   at the end insert—

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—

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—

(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—

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—

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—

(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),”.”

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

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”

Page 43, leave out lines 27 to 35

Page 44, leave out lines 3 to 7

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”.”

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.”

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)).”

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.

(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—

“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.”

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—

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”.”

Lord Faulks gives notice of his intention to oppose the Question that Clause 51 stand part
of the Bill

Lord Faulks gives notice of his intention to oppose the Question that Clause 52 stand part
of the Bill

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.

The above-named Lords give notice of their intention to oppose the Question that Clause 65
stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 66
stand part of the Bill.

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.

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.

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.

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.”

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.”

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

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

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

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.”

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

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)”

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