Lords Amendments: Criminal Justice and Courts Bill (22nd July 2014)

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

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.”

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.

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

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.”

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.”

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.”

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.”

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.”

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.”

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.”

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.”

45A

Page 94, line 17, at end insert—

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

46

Page 94, line 28, leave out paragraph 10

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.”

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”

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.

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.”

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.”

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.””

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”.”

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.””

49

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

49A*

Page 35, line 28, at end insert—

“( ) No offence shall be triable under this procedure unless it has been specified
in regulations made by the Secretary of State, a draft of which has been laid
before, and approved by, a resolution of each House of Parliament.”

49B*

Page 36, line 41, leave out from beginning to end of line 2 on page 37

49C*

Page 37, line 8, at end insert—

“(c) a submission from the DVLA to inform the court of any
penalty points endorsed on the defendant’s driver record”

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.”

50A

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

50AA*

Page 37, leave out lines 16 and 17

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.”

50C*

Page 37, line 18, leave out from “parties” to end of line 19

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.”

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.”

51B*

Page 37, line 29, at end insert—

“(12) Prior to a paper procedure, the court must publish the details of the
case to which it will apply and when it will take place, and,
following a paper procedure, the court must publish the outcome.”

52

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

52A*

Page 39, line 19, at end insert “or that the accused did not understand the
documents specified in section 16A(2),”

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.”

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);”

55

[Withdrawn]

55A*

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) Directions must be made in accordance with Part 1 of Schedule 2 to
the Constitutional Reform Act 2005 to secure the results referred to
in this section.

(2) Immediately after a court has given its decision to pass an
immediate custodial sentence on a defendant who was on bail
when awaiting sentence, the court must ask whether the defendant
has children or elderly, disabled or otherwise vulnerable adults
dependent on them for their care (“dependants”), and, if the
defendant or any other person in court states that the defendant
does have such responsibility, the court must ask what
arrangements there are for their care.

(3) If it appears that there are no arrangements in place for any such
dependants, the court must either —

(a) allow the defendant to make a telephone call to secure such
arrangements, or

(b) direct any appropriately skilled person present in the court
to make enquiries with the aim of ensuring that such
dependants are provided with suitable short-term care to
meet their needs;

where necessary, this may require contacting the appropriate local
authority children’s or adult social care team.”

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

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

“(5A) Directions must be made in accordance with Part 1 of Schedule 2 to
the Constitutional Reform Act 2005 to secure the results referred to
in subsections (5B) and (5C).

(5B) Immediately after a court gives its decision to withhold bail in
criminal proceedings from a person to whom section 4 of this Act
applies, the court must ask whether the defendant has children or
elderly, disabled or otherwise vulnerable adults dependent on
them for their care (“dependants”), and, if the defendant or any
other person in court states that the defendant does have such
responsibility, the court must ask what arrangements there are for
their care while the defendant is on remand in custody.

(5C) If it appears that there are no arrangements in place for any such
dependants, the court must either—

(a) allow the defendant to make a telephone call to secure such
arrangements, or

(b) direct any appropriately skilled person present in the court
to make enquiries with the aim of ensuring that such
dependants are provided with suitable short-term care to
meet their needs;

where necessary, this may require contacting the appropriate local
authority children’s or adult social care team.”

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

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),”.”

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),”.”

63AA*

Page 41, line 26, leave out “must” and insert “may”

63AB*

Page 41, line 27, leave out “in respect of” and insert “of up to 50 per cent of total”

63AC*

Page 41, line 29, after “(3)”, insert “and (3A)”

63AD*

Page 41, line 30, at end insert—

“it being just and reasonable to do so in the opinion of the court.”

63AE*

Page 41, line 30, at end insert—

“( ) A reasonable assessment of the defendant’s finances must be made
before a collection date for any court costs is decided.”

63AF*

Page 41, line 34, at end insert—

“(3A) An order must not be made—

(a) if in the opinion of the court it may affect a decision on plea;

(b) where enforcement costs are likely to amount to more than
the value of the charge;

(c) in relation to any part of the hearing for which the
defendant was not responsible;

(d) in relation to any appeal; and

(e) before a written means assessment has been carried out.”

63AG*

Page 42, line 9, at end insert—

“( ) The court must give reasons for either imposing or not imposing
court charges.”

63AH*

Page 42, line 9, at end insert—

“( ) Where there is more than one defendant the charge shall be equally
divided between defendants.”

63AJ*

Page 42, line 11, leave out “must” and insert “may”

63AK*

Page 42, line 24, leave out “must” and insert “may”

63AL*

Page 42, line 35, leave out “must” and insert “may”

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

63EA*

Page 44, line 4, after “person” insert “over 21 years of age”

The above-named Lords give notice of their intention to oppose the Question that Clause 42
stand part of the Bill.

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”.”

63FA*

Page 44, line 27, leave out “3 years” and insert “12 months”

63FB*

Page 44, line 32, leave out “may” and insert “must”

63FC*

Page 46, line 8, at end insert—

“( ) The power to vary orders under this paragraph may only be
exercised by an officer of court directly employed by HMCTS.”

63FD*

Page 46, line 17, leave out “fundamentally”

63FE*

Page 46, line 26, leave out subsection (5)

63FG*

Page 46, line 38, at end insert—

“(7A) Subsection (7B) applies where, in proceedings on a claim for damages in
respect of personal injury, the court is satisfied on the balance of
probabilities that the defendant, either in its defence or in an application for
the dismissal of the claim, has been fundamentally dishonest.

(7B) The court must strike out the defence and enter judgment on the claim,
unless it is satisfied that the defendant would suffer substantial injustice if
the claim were allowed.”

The above-named Lords give notice of their intention to oppose the Question that Clause 45
stand part of the Bill.

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
24offer 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.”

64A*

Line 24, after “party” insert “, or

(e) whether the benefit is offered by the regulated person or by a third
party”

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.”

67A*

Page 47, line 13, leave out paragraph (a)

67B*

Page 47, line 16, leave out paragraph (b)

67C*

Page 47, leave out lines 19 to 30 and insert—

“(3A) Where the “alternative conditions” are satisfied, any party may apply to the
Supreme Court for a certificate enabling an appeal to be made directly to
the Supreme Court.

(3B) The “alternative conditions” are that a point of law of general public
importance is involved in the decision and that—

(a) the proceedings entail a decision relating to a matter of national
importance or consideration of such a matter;

(b) the result of the proceedings is so significant (whether considered
on its own or together with other proceedings or likely
proceedings) that a hearing by the Supreme Court is justified; and

(c) the benefits of earlier consideration by the Supreme Court
outweigh the benefits of consideration by the Court of Appeal.”

67D*

Page 47, leave out lines 22 and 23

67E*

Page 47, line 41, at end insert—

“(1B) In section 15 (cases excluded from section 12) after subsection (4),
insert—

“(5) No certificate shall be granted under section 12 of this Act in
any case where a declaration pursuant to section 6 of the
Justice and Security Act 2013 has been made.

(6) No certificate shall be granted under section 12 of this Act
without the consent of one or more parties unless by
decision of the Supreme Court following an oral hearing.

(7) No certificate shall be granted under section 12 of this Act
where one or more of the parties is unrepresented.””

67F*

Page 50, line 10, at end insert—

“(5) No certificate shall be granted under section 12 of this Act in any
case where a declaration pursuant to section 6 of the Justice and
Security Act 2013 has been made.”

67G*

Page 52, line 10, at end insert—

“(5) No certificate shall be granted under section 12 of this Act in any
proceedings where closed material proceedings under Rule 54 of
the Employment Tribunals Rules of Procedure pursuant to the
Employment Tribunals (Constitution and Rules of Procedure)
Regulations 2004 (S.I. 2004/1861) have been used.”

The above-named Lords give notice of their intention to oppose the Question that Clause 49
stand part of the Bill.

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”.”

69A*

Page 54, line 31, leave out “must” and insert “may”

The above-named Lords give notice of their intention to oppose the Question that Clause 50
stand part of the Bill.

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

69B*

Page 56, line 35, leave out “but under seventy-six”

69C*

Page 56, line 39, leave out paragraph (b)

The above-named Lords give notice of their intention to oppose the Question that Clause 53
stand part of the Bill.

69D*

Page 57, line 5, leave out “surrender” and insert “limit the use of”

The above-named Lords give notice of their intention to oppose the Question that Clause 55
stand part of the Bill.

69E*

Page 59, leave out lines 32 and 33

69F*

Page 60, leave out lines 8 and 9

69G*

Page 60, line 18, leave out “from which it may be reasonably concluded” and insert
“which demonstrates”

The above-named Lords give notice of their intention to oppose the Question that Clause 58
stand part of the Bill.

69H*

Page 63, line 7, at end insert—

“(8A) It is not an offence under section 20D to disclose information for the
purpose of allowing approved academic research into jury
deliberations.”

69J*

Insert the following new Clause—

“Juror education and information

(1) The Department for Education shall require schools to deliver teaching
about the role and importance of jury service.

(2) The Judicial College and HCTMS shall provide information to jurors about
their obligations during jury service, to include offences under this Act.

(3) Jurors, on the first day of jury service, shall sign a declaration to say they
will—

(a) not undertake their own research;

(b) base their verdict only on the evidence presented at court; and

(c) not seek or disclose information about any case they try.”

69K*

Insert the following new Clause—

“Giving evidence at remote sites

(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) After section 30 (aids to communication) insert—

“30A Giving evidence at remote sites

(1) A special measures direction may provide for persons eligible for
assistance under section 16 to give evidence at a remote site
(witness eligible for assistance on grounds of age or incapacity).

(2) For the purposes of this section any facility may be designated as a
remote site where the court is satisfied that all of the following five
criteria have been met—

(a) the facility must be suitable for hearing evidence;

(b) the facility must be absent from the court building;

(c) the location of the facility must be appropriate to meet the
needs and promote the welfare of the witness; and

(d) the arrangement must not prevent the witness from being
able to see, and to be seen by—

(i) the judge or justices (or both) and the jury (if there is
one);

(ii) legal representatives acting in the proceedings; and

(iii) any interpreter or other person appointed (in
pursuance of the direction or otherwise) to assist the
witness.””

69L*

Insert the following new Clause—

“Persons under 11 years of age to give evidence through intermediaries

(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) After section 29 (examination of witnesses through intermediary) insert—

“29A Persons under 11 years of age to give evidence through
intermediaries

(1) Where a victim or witness under 11 years of age is required to
testify in court proceedings the court must, through a special
measures direction, provide for any examination of the witness to
be conducted through an intermediary as defined under section 29.

(2) A person must not act as an intermediary under subsection (1)
except after—

(a) undertaking screening to be provided by the Disclosure and
Barring Service;

(b) making a declaration, in such form as may be prescribed by
the rules of court, that he will faithfully perform his function
as an intermediary; and

(c) providing evidence to the court of relevant accredited
training, qualifications and experience.””

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.

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.

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.

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.

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.

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.”

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.”

83

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

84

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

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.”

85

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

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)”

88

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

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Criminal Justice and Courts Bill

Clause 29

LORD RAMSBOTHAM

LORD BEECHAM

Schedule 5

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

LORD RAMSBOTHAM

LORD BEECHAM

Clause 30

LORD RAMSBOTHAM

LORD BEECHAM

After Clause 30

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

Schedule 6

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

LORD RAMSBOTHAM

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

LORD RAMSBOTHAM

LORD BEECHAM

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

LORD RAMSBOTHAM

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD RAMSBOTHAM

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

LORD RAMSBOTHAM

LORD BEECHAM

After Clause 32

LORD PONSONBY OF SHULBREDE

LORD PONSONBY OF SHULBREDE

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD PONSONBY OF SHULBREDE

After Clause 35

THE EARL OF LISTOWEL

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

LORD DHOLAKIA

Clause 36

LORD FAULKS

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

Clause 38

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD FAULKS

LORD PONSONBY OF SHULBREDE

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD PONSONBY OF SHULBREDE

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD FAULKS

LORD PONSONBY OF SHULBREDE