Session 2014-15
Other Public Bills before Parliament
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Criminal Justice and Courts Bill
to be moved
in committee
[Supplementary to the Marshalled List]
Schedule 6
LORD RAMSBOTHAM
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.”
After Clause 32
LORD PONSONBY OF SHULBREDE
Insert the following new Clause—
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—
(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 the end insert “or”.
(4) After subsection (5)(b) insert—
“(c) in the case of public electronic communications networks, it
is sent”.
(5) 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—
(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).””
Insert the following new Clause—
(1) The Children and Young Persons Act 1933 is amended as follows.
(2) In section 49 (restrictions on reports of proceedings in which children or
young persons are concerned), after subsection (11) insert—
“(12) This section remains in force indefinitely, and after the child
reaches the age of 18 years, and until an order is made under
subsection (13).
(13) The relevant criminal court may by order dispense, to any extent
specified in the order, with the restrictions imposed by this section
only if—
(a) there has been a relevant change of circumstance relating to
the person protected by this section, subject to subsection
(14) below,
(b) an application is made to the court to dispense with the
restrictions imposed by this section,
(c) the person protected by this section is informed of the
application to dispense with the restrictions and given the
opportunity to make representations, and
(d) the court is satisfied that it is in the public interest for the
application to be granted.
(14) Reaching the age of 18 years alone will not be considered a relevant
change of circumstances for the purposes of subsection (13)(a).
(15) When deciding whether to make an order under subsection (13),
the court shall have regard to the welfare of the person protected by
this section.””
After Clause 35
THE EARL OF LISTOWEL
Insert the following new Clause—
In section 37(15) of the Police and Criminal Evidence Act 1984 (duties of
custody officer before charge), for “17” substitute “18”.”
Clause 38
LORD PONSONBY OF SHULBREDE
[As an amendment to Amendment 50]
Line 9, after “information” insert “specified as relevant to the charge”
Before Clause 41
LORD FAULKS
Insert the following new Clause—
(1) In section 22A of the Magistrates’ Courts Act 1980 (low-value shoplifting),
in subsection (2) (right to elect trial by Crown Court), for paragraph (b)
substitute—
“(b) the court must proceed in relation to the offence in
accordance with section 51(1) of the Crime and Disorder Act
1998.”
(2) In section 51 of the Crime and Disorder Act 1998 (sending cases to Crown
Court: adults), in subsection (2)(b), after “21,” insert “22A(2)(b),”.”
Clause 42
LORD PONSONBY OF SHULBREDE
Page 43, line 21, leave out “(4)” and insert “(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
Schedule 8
LORD FAULKS
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”.”
Clause 75
LORD FAULKS
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.”