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Criminal Justice and Courts Bill (HL Bill 30)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Ministry of Justice, are published
separately as HL Bill 30—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Faulks has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Criminal Justice and Courts Bill are compatible with
the Convention rights.

Contents

  1. Part 1

    Criminal Justice

    1. Dangerous offenders

      1. 1. Maximum sentence for certain offences to be life imprisonment

      2. 2. Specified offences

      3. 3. Schedule 15B offences

      4. 4. Parole Board release when serving extended sentences

    2. Other offenders of particular concern

      1. 5. Sentence and Parole Board release for offenders of particular concern

    3. Release and recall of prisoners

      1. 6. Electronic monitoring following release on licence etc

      2. 7. Test for release after recall: determinate sentences

      3. 8. Power to change test for release after recall: determinate sentences

      4. 9. Initial release and release after recall: life sentences

      5. 10. Offence of remaining unlawfully at large after recall

      6. 11. Offence of remaining unlawfully at large after temporary release

      7. 12. Definition of “requisite custodial period”

      8. 13. Minor amendments and transitional cases

    4. Prisons

      1. 14. Drugs for which prisoners etc may be tested

    5. Cautions

      1. 15. Restrictions on use of cautions

      2. 16. Section 15: supplementary

    6. Offences involving ill-treatment or wilful neglect

      1. 17. Ill-treatment or wilful neglect: care worker offence

      2. 18. Ill-treatment or wilful neglect: care provider offence

      3. 19. Care provider offence: excluded care providers

      4. 20. Care provider offence: penalties

      5. 21. Care provider offence: application to unincorporated associations

      6. 22. Care provider offence: liability for ancillary and other offences

    7. Other offences and sentences

      1. 23. Corrupt or other improper exercise of police powers and privileges

      2. 24. Term of imprisonment for murder of police or prison officer

      3. 25. Possessing an offensive weapon or bladed article in public or on school
        premises: sentencing for second offences for those aged 16 or over

      4. 26. Offences committed by disqualified drivers

      5. 27. Sending letters etc with intent to cause distress or anxiety

      6. 28. Possession of pornographic images of rape and assault by penetration

  2. Part 2

    Young offenders

    1. Detention of young offenders

      1. 29. Secure colleges and other places for detention of young offenders etc

      2. 30. Contracting out secure colleges

      3. 31. Powers of Youth Justice Board in relation to provision of accommodation

    2. Other matters

      1. 32. Youth cautions and conditional cautions: involvement of appropriate adults

      2. 33. Referral orders: alternatives to revocation for breach

      3. 34. Referral orders: extension on further conviction

      4. 35. Referral orders: revocation on further conviction

  3. Part 3

    Courts and tribunals

    1. Trial by single justice on the papers

      1. 36. Instituting proceedings by written charge

      2. 37. Instituting proceedings: further provision

      3. 38. Trial by single justice on the papers

      4. 39. Trial by single justice on the papers: sentencing etc

      5. 40. Further amendments

    2. Committal to Crown Court for sentence

      1. 41. Committal of young offenders convicted of certain serious offences

    3. Costs of criminal courts

      1. 42. Criminal courts charge

      2. 43. Duty to review criminal courts charge

    4. Collection of fines etc

      1. 44. Variation of collection orders etc

    5. Civil proceedings relating to personal injury

      1. 45. Personal injury claims: cases of fundamental dishonesty

    6. Appeals in civil proceedings

      1. 46. Appeals from the High Court to the Supreme Court

      2. 47. Appeals from the Upper Tribunal to the Supreme Court

      3. 48. Appeals from the Employment Appeal Tribunal to the Supreme Court

      4. 49. Appeals from the Special Immigration Appeals Commission to the Supreme
        Court

    7. Costs in civil proceedings

      1. 50. Wasted costs in certain civil proceedings

    8. Contempt of court

      1. 51. Strict liability: limitations and defences in England and Wales

      2. 52. Strict liability: appeal against injunction

    9. Juries and members of the Court Martial

      1. 53. Upper age limit for jury service to be 75

      2. 54. Jurors and electronic communications devices

      3. 55. Jurors and electronic communications devices: powers of search etc

      4. 56. Research by jurors

      5. 57. Sharing research with other jurors

      6. 58. Jurors engaging in other prohibited conduct

      7. 59. Disclosing jury’s deliberations

      8. 60. Juries at inquests

      9. 61. Members of the Court Martial

      10. 62. Supplementary provision

    10. Other matters

      1. 63. Minor amendments

  4. Part 4

    Judicial review

    1. Judicial review in the High Court and Upper Tribunal

      1. 64. Likelihood of substantially different outcome for applicant

      2. 65. Provision of information about financial resources

      3. 66. Use of information about financial resources

      4. 67. Interveners and costs

      5. 68. Capping of costs

      6. 69. Capping of costs: orders and their terms

      7. 70. Capping of costs: environmental cases

    2. Planning proceedings

      1. 71. Procedure for certain planning challenges

      2. 72. Periods of time for certain legal challenges

  5. Part 5

    Final provisions

    1. 73. Power to make consequential and supplementary provision etc

    2. 74. Financial provision

    3. 75. Commencement

    4. 76. Extent

    5. 77. Channel Islands, Isle of Man and British overseas territories

    6. 78. Short title

    1. Schedule 1

      Sentence and Parole Board release for offenders of particular
      concern

      1. Part 1

        Sentence and release

      2. Part 2

        Offenders convicted of service offences

      3. Part 3

        Transitional and transitory provision

      4. Part 4

        Consequential provision

    2. Schedule 2

      Electronic monitoring and licences etc: consequential
      provision

    3. Schedule 3

      Ill-treatment or wilful neglect: excluded health care

    4. Schedule 4

      Offences committed by disqualified drivers: further
      amendments

    5. Schedule 5

      Secure colleges etc: further amendments

    6. Schedule 6

      Contracting out secure colleges

      1. Part 1

        Contracting out provision and running of secure colleges

      2. Part 2

        Certification of secure college custody officers

      3. Part 3

        Contracting out functions at directly managed secure colleges

      4. Part 4

        Definitions

      5. Part 5

        Further amendments

    7. Schedule 7

      Trial by single justice on the papers: further amendments

    8. Schedule 8

      Further provision about criminal courts charge

    9. Schedule 9

      Juries at inquests

    10. Schedule 10

      Members of the Court Martial

      1. Part 1

        Offences

      2. Part 2

        Further amendments

    11. Schedule 11

      Procedure for certain planning challenges

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