Criminal Justice and Courts Bill

FIFth
marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 7th July 2014, as follows—

Clauses 65 to 71
Schedule 11
Clauses 72 to 78

[Amendments marked * are new or have been altered]

Clause 65

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

73G

Page 66, line 10, at end insert “or the court has ordered that such prescribed
information need not be provided in whole or in part”

73H

Page 66, line 15, leave out “, or likely to be available,”

73J

Page 66, line 21, at end insert—

“(2A)    In that section, after subsection (7) insert—

“(7A)    Regulations under this section are to be made by statutory
instrument.

(7B)    A statutory instrument containing regulations 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.””

73K

Page 66, line 31, leave out from “specified” to end of line 32 and insert “by the
Secretary of State in regulations”

73L

Page 66, line 32, at end insert—

“(3A)    In section 49 of that Act (orders and regulations under Part 1: supplemental
and procedural provisions), at the appropriate place in the list of provisions
in paragraph (6)(a) insert “section 16(3)(b)”.”

73M

Page 66, line 37, leave out “, or likely to be available,”

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 


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

Clause 66

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

73N

Page 66, line 46, after “determining” insert “, or is intending to determine,”

73P

Page 66, line 47, at end insert—

“(1A)    Before making any determination to which this section applies, the court or
tribunal may, if it appears to the court or tribunal just to do so, of its own
motion or on the application of any party, make an order requiring the
applicant to provide—

(a)   information about the source, nature and extent of financial
resources available to the applicant to meet liabilities arising under
an order that the applicant meets the costs of any other party or
parties, and

(b)   if the applicant is a body corporate that is unable to demonstrate to
the court or tribunal that it is likely to have the resources to meet
any such liabilities, information about its members and about their
ability to provide the applicant with the resources to meet such
liabilities.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

73Q

Page 67, line 1, leave out “must” and insert “may”

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

73R

Page 67, line 2, leave out paragraphs (a) and (b) and insert “information provided
by the applicant to the court or tribunal under subsection (1A)”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

73S

Page 67, line 5, leave out “rules of court or Tribunal Procedure Rules” and insert
“regulations made by the Secretary of State”

73T

Page 67, line 6, at end insert—

“( )     Where the information in subsection (2) includes confidential information
about the financial position of a natural person, the court may to the extent
necessary to protect the confidentiality of such information—

(a)   sit in private, and

(b)   impose reporting restrictions.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

73U

Page 67, line 7, leave out “must” and insert “may”

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

73V

Page 67, line 9, leave out “is providing” and insert “has provided or has promised
to provide”

73W

Page 67, line 10, leave out “or likely or able to do so”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

73X

Page 67, line 10, leave out “or likely or able to do so” and insert “and who has in
fact provided such financial support”

73Y

Page 67, line 20, at end insert—

“( )     Regulations under this section are to be made by statutory instrument.

( )     A statutory instrument containing regulations under this section may not
be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.”

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 


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

Clause 67

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

74

Page 67, line 25, leave out subsections (2) to (6) and insert—

“(2)     The High Court and the Court of Appeal may not order costs to be paid as
between an intervener and a relevant party to the proceedings unless it
considers that there are exceptional circumstances which make it
appropriate to do so.

(3)     In determining whether there are exceptional circumstances for the
purposes of subsection (2), the court must have regard to criteria specified
in rules of court.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

74A

Page 67, line 25, leave out “not”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

74B

Page 67, line 27, at end insert “if the court considers it appropriate to do so”

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

74C

Page 67, line 27, at end insert “only if the court considers it just so to order”

74D

Page 67, line 28, leave out subsection (3)

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

74E

Page 67, line 30, leave out subsections (4) and (5)

74F

Page 67, line 30, leave out subsections (4) to (6) and insert—

“(4)     On an application to the High Court or the Court of Appeal by a relevant
party to the proceedings, the court may order the intervener to pay such
costs as the court considers just.

(5)     An order under subsection (4) may not be considered just unless
exceptional circumstances apply.

(6)     For the purposes of subsection (5), exceptional circumstances include
where an intervener has in substance acted as if he were the principal
applicant, appellant or respondent in the case.”

74G

Page 67, line 31, leave out “must” and insert “may”

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

74H

Page 67, line 31, leave out “must” and insert “may, if the interests of justice
require,”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

74J

Page 67, line 33, at end insert “if the court considers it appropriate to do so”

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

74K

Page 67, line 34, leave out subsections (5) and (6)

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

74L

Page 67, line 36, leave out subsection (6)

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 67
stand part of the Bill
.

Clause 68

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

75

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

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

75A

Page 68, line 16, leave out from “order” to end of line 17 and insert “at any stage of
the proceedings”

75B

Page 68, line 19, after “review” insert “or any intervener”

75C

Page 68, line 19, leave out “rules of court” and insert “regulations made by the
Secretary of State”

75D

Page 68, line 21, leave out “Rules of court” and insert “Regulations under
subsection (4)”

75E

Page 68, line 24, leave out “, or likely to be available,”

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

75F

Page 68, line 30, leave out subsections (6) to (11)

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

76

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

77

Page 68, line 42, leave out subsections (8) to (11)

 

The above-named Lords give notice of their intention to oppose the Question that Clause 68
stand part of the Bill
.

Clause 69

LORD MARKS OF HENLEY-ON-THAMES

LORD LESTER OF HERNE HILL

LORD CARLILE OF BERRIEW

77A

Page 69, leave out lines 30 to 32 and insert—

“(1)     When considering whether to make a costs capping order in connection
with judicial review proceedings and what the terms of any such order
should be, the court shall consider whether it is just to make such an order,
having regard to all the circumstances of the case, including—”

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

78

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

79

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

80

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

LORD MARKS OF HENLEY-ON-THAMES

LORD LESTER OF HERNE HILL

LORD CARLILE OF BERRIEW

80A

Page 69, line 44, at end insert—

“(f)   whether, in the absence of an order, the applicant for judicial review
would withdraw the application for judicial review or cease to
participate in the proceedings and, if so, whether it would be
reasonable for the applicant so to do;

(g)   whether any issue of fact or principle raised or likely to be raised in
the proceedings is of general public importance;

(h)   whether the proceedings involve or are likely to involve a
consideration of any point of law of general public importance;

(i)   whether the public interest requires the issues in the proceedings or
any of them to be resolved;

(j)   whether the proceedings are likely to provide an appropriate
means of resolving any such issues as ought in the public interest to
be resolved;

(k)   the number of people likely to be directly affected if relief is granted
to the applicant for judicial review;

(l)   how significant the effect on those people mentioned in paragraph
(k) is likely to be;

(m)   the likely effect upon the applicant for judicial review if a costs
capping order were not made”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

80B

Page 70, line 1, leave out “must” and insert “should normally”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

80C

Page 70, line 1, leave out “must” and insert “may”

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

81

Page 70, line 3, leave out subsections (3) to (5)

LORD MARKS OF HENLEY-ON-THAMES

LORD LESTER OF HERNE HILL

LORD CARLILE OF BERRIEW

81A

Page 70, line 14, at end insert—

“( )     Subsection (1) shall apply subject to the requirement imposed by section
70(3) in proceedings to which that section applies.”

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 69
stand part of the Bill
.

Clause 70

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

81B

Page 70, line 25, leave out subsection (4) and insert—

“( )     A statutory instrument containing regulations 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.”

 


The above-named Lords give notice of their intention to oppose the Question that Clause 70
stand part of the Bill.

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

81C*

Leave out Clause 70 and insert the following new Clause—

“Capping of costs: environmental cases (No. 2)

(1)     This section applies to judicial review proceedings which constitute or
concern an Aarhus Convention claim.

(2)     In relation to proceedings covered by subsection (1), the following shall not
apply—

(a)   sections 65, 66 and 67 of this Act; and

(b)   sections 58A(6) and 58C(1) of the Courts and Legal Services Act
1990.

(3)     Notwithstanding anything in sections 68 and 69, in proceedings to which
this section applies the court shall make a costs capping order in favour of
an applicant for judicial review of its own motion or upon the application
of any party in any case where the court considers that if a costs capping
order is not made the proceedings are unlikely to be fair, equitable, timely
and not prohibitively expensive as required by the Aarhus Convention.

(4)     Rules of court may prescribe the terms upon which a costs capping order
may be made in accordance with subsection (3) provided that such terms
are calculated to ensure that the proceedings will be fair, equitable, timely
and not prohibitively expensive.

(5)     In determining whether proceedings are likely to be fair, equitable, timely
and not prohibitively expensive, the court shall have regard to any relevant
reports of the Compliance Committee established pursuant to the Aarhus
Convention.”

After Clause 70

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

82

Insert the following new Clause—

“Legal aid for judicial review

(1)     The Lord Chancellor may not use the powers in section 2 or 9 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 to alter the
eligibility of any individual for legal aid for judicial review proceedings
(including applications for permission to apply for judicial review).

(2)     Any statutory instrument made under the provisions referred to in
subsection (1) and which otherwise alters eligibility in the manner specified
in subsection (1) ceases to have effect in relation to legal aid for such
proceedings.”

LORD BEECHAM

LORD PANNICK

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.”

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

82B

Insert the following new Clause—

“Application of provisions to environmental claims

Sections 64 to 69 shall not apply to judicial review proceedings which have
as their subject an issue relating wholly or partly to—

(a)   the state of elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites,
biological diversity and its components, including genetically
modified organisms, and the interaction among these elements;

(b)   factors, such as substances, energy, noise and radiation, and
activities or measures, including administrative measures,
environmental agreements, policies, legislation, plans and
programmes, affecting or likely to affect the elements of the
environment within the scope of paragraph (a), and cost-benefit
and other economic analyses and assumptions used in
environmental decision-making;

(c)   the state of human health and safety, conditions of human life,
cultural sites and built structures, inasmuch as they are or may be
affected by the state of the elements of the environment or, through
these elements, by the factors, activities or measures referred to in
paragraph (b).”

LORD MARKS OF HENLEY-ON-THAMES

LORD CARLILE OF BERRIEW

82C

Insert the following new Clause—

“Definition of Aarhus Convention and Aarhus Convention claims

(1)     In this Part—

“the Aarhus Convention” means the UNECE Convention on Access to
Information, Public Participation in Decision-Making and Access to
Justice in Environmental Matters done at Aarhus, Denmark, on 25
June 1998;

an “Aarhus Convention claim” means any claim, whether or not made
in proceedings for judicial review, to all or part of which the Aarhus
Convention applies, in that it relates entirely or partly to a matter or
matters relating to the environment, public rights to access to
environmental information, public participation in environmental
decision-making or access to justice in relation to any such claim,
including a claim which proceeds on the basis that the claim or part
of it is so subject.

(2)     Rules of court must secure that the definition of an Aarhus Convention
claim in such rules is as set out in subsection (1).”

82D*

Insert the following new Clause—

“Legal Aid exceptional case determinations in Aarhus Convention claims

(1)     The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.

(2)     In section 10 (exceptional cases) after subsection 3(a)(ii) insert—

“(iii)   in relation to judicial review proceedings (including
applications for permission to apply for judicial
review), any rights of the individual under Article 9
of the UNECE Convention on Access to Information,
Public Participation in Decision-Making and Access
to Justice in Environmental Matters done at Aarhus,
Denmark, on 25 June 1998, or.”

(3)     In Schedule 3 (legal aid for legal persons), after paragraph 2(2)(b) insert
“, or

(c)   in relation to judicial review proceedings (including
applications for permission to apply for judicial review),
any rights of the person under Article 9 of the UNECE
Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in
Environmental Matters done at Aarhus, Denmark, on 25
June 1998.””

Clause 73

LORD WOOLF

LORD PANNICK

83

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

84

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

Clause 75

LORD FAULKS

84A

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

84B

Page 72, line 11, at end insert—

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

LORD WOOLF

LORD PANNICK

85

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

Clause 76

LORD FAULKS

86

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

87

Page 72, line 35, at end insert “and sections (Rules against inducements to make
personal injury claims
) to (Inducements: regulations)”

In the Title

LORD FAULKS

88

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

Prepared 29th July 2014