Criminal Justice and Courts Bill (HL Bill 30)

34 (1) Section 65 (interpretation) is amended as follows.

(2) In subsection (3), at the end insert—

“(d) references to a directly managed secure college and to a
contracted-out secure college, and to the contractor in
5relation to a contracted-out secure college, have the meanings
given by paragraph 27 of Schedule 6 to the Criminal Justice
and Courts Act 2014.”

(3) In subsection (4)—

(a) in paragraph (a), omit “or”,

(b) 10at the end of paragraph (b), insert “or”,

(c) after paragraph (b) insert—

“(c) a contract under paragraph 1 of Schedule 6 to the
Criminal Justice and Courts Act 2014 is for the time
being in force in relation to part of a secure college”,
15and”

(d) for “or prison” substitute “, prison or secure college”.

Offender Management Act 2007 (c. 21)2007 (c. 21)

35 In section 14(9) of the Offender Management Act 2007 (disclosure)—

(a) in paragraph (a), after sub-paragraph (ii) insert—

“(iii) 20a secure college under paragraph 1 of
Schedule 6 to the Criminal Justice and Courts
Act 2014;”;

(b) in paragraph (a), for “section in question” substitute “provision in
question”;

(c) 25in paragraph (b)(ii), omit the words from “for offenders” to the end.

Section 40

SCHEDULE 7 Trial by single justice on the papers: further amendments

Criminal Law Act 1977 (c. 45)Criminal Law Act 1977 (c. 45)

1 (1) Section 39(1) of the Criminal Law Act 1977 (service of summons etc in
30Scotland or Northern Ireland) is amended as follows.

(2) After paragraph (c) (but before “and”) insert—

“(ca) a single justice procedure notice (within the meaning of that
section) requiring a person charged with an offence to serve
a written notification stating—

(i) 35whether or not the person desires to plead guilty, and

(ii) if the person desires to plead guilty, whether or not
the person desires to be tried in accordance with
section 16A of the Magistrates’ Courts Act 1980,”.

(3) In paragraph (d), for “or (c)” substitute “, (c) or (ca)”.

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

2 The Magistrates’ Courts Act 1980 is amended as follows.

3 (1) Section 1 (issue of summons to accused etc) is amended as follows.

(2) In subsection (4A), for “public prosecutor” substitute “relevant prosecutor
5authorised to issue requisitions”.

(3) Omit subsection (4B).

(4) In subsection (6A), for “public prosecutor” substitute “relevant prosecutor”.

4 In section 150(1) (interpretation of other terms)—

(a) omit the entry for “public prosecutor”, “requisition” and “written
10charge”, and

(b) at the appropriate places insert—

• ““relevant prosecutor” has the meaning given by section
  29 of the Criminal Justice Act 2003;”,

• ““requisition” has the meaning given by section 29 of the
  15Criminal Justice Act 2003;”,

• ““single justice procedure notice” has the meaning given
  by section 29 of the Criminal Justice Act 2003;”, and

• ““written charge” has the meaning given by section 29 of
  the Criminal Justice Act 2003;”.

20Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

5 (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation of Part 1)
is amended as follows.

(2) In subsection (1)—

(a) for ““public prosecutor”” substitute ““relevant prosecutor””, and

(b) 25after ““requisition”” insert “, “single justice procedure notice”.

(3) In subsection (2)—

(a) in paragraph (ba), for “public prosecutor” substitute “relevant
prosecutor”, and

(b) after paragraph (ba) insert—

“(bb) 30where a relevant prosecutor issues a written charge
and single justice procedure notice, when the written
charge and single justice procedure notice are
issued;”.

Road Traffic Offenders Act 1988 (c. 53)Road Traffic Offenders Act 1988 (c. 53)

6 35In section 8 of the Road Traffic Offenders Act 1988 (duty to include date of
birth and sex in written plea of guilty), after paragraph (a) (but before “or”)
insert—

“(aa) serves a written notification on the designated officer for a
magistrates’ court stating a desire to plead guilty and to be
40tried in accordance with section 16A of the Magistrates’
Courts Act 1980 (trial by single justice on the papers),”.

Criminal Justice and Public Order Act 1994 (c. 33)Criminal Justice and Public Order Act 1994 (c. 33)

7 (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation
etc of witnesses, jurors and others) is amended as follows.

(2) In subsection (9)—

(a) 5for ““public prosecutor”” substitute ““relevant prosecutor””, and

(b) after ““requisition”” insert “, “single justice procedure notice””.

(3) In subsection (10)(a)(ia)—

(a) for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

10Drug Trafficking Act 1994 (c. 37)Drug Trafficking Act 1994 (c. 37)

8 (1) Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs
prosecutions) is amended as follows.

(2) In subsection (6), for ““public prosecutor”” substitute ““relevant
prosecutor””.

(3) 15In subsection (6A)(aa), for “public prosecutor” substitute “relevant
prosecutor”.

Merchant Shipping Act 1995 (c. 21)Merchant Shipping Act 1995 (c. 21)

9 (1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144)
is amended as follows.

(2) 20In subsection (2)(a)(ia), for “public prosecutor” substitute “relevant
prosecutor”.

(3) In subsection (2A), for ““public prosecutor”” substitute ““relevant
prosecutor””.

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

10 (1) 25In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is
amended as follows.

(2) In sub-paragraph (1)(aa), for “public prosecutor” substitute “relevant
prosecutor”.

(3) In sub-paragraph (2A), for ““public prosecutor”” substitute ““relevant
30prosecutor””.

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

11 (1) Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as
follows.

(2) In subsection (1)(aa)—

(a) 35for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

(3) In subsection (9)—

(a) for ““public prosecutor”” substitute ““relevant prosecutor””, and

(b) after ““requisition”” insert “, “single justice procedure notice””.

Education Act 2002 (c. 32)Education Act 2002 (c. 32)

12 (1) Section 141F of the Education Act 2002 (restrictions on reporting alleged
offences by teachers) is amended as follows.

(2) 5In subsection (15)(b)—

(a) for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

(3) After subsection (15) insert—

“(16) In subsection (15) “relevant prosecutor”, “requisition”, “single justice
10procedure notice” and “written charge” have the same meaning as in
section 29 of the Criminal Justice Act 2003.”

Crime (International Co-operation) Act 2003 (c. 32)Crime (International Co-operation) Act 2003 (c. 32)

13 The Crime (International Co-operation) Act 2003 is amended as follows.

14 (1) Section 4A (general requirements for service of written charge or
15requisition) is amended as follows.

(2) In the heading, for “or requisition” substitute “etc”.

(3) In subsection (1), after paragraph (b) insert “and

(c) a single justice procedure notice (within the meaning of that
section).”

(4) 20In subsection (2), for “The written charge or requisition” substitute “Each of
the documents”.

(5) In subsection (3), for “the written charge or requisition”, in both places,
substitute “the document”.

(6) In subsection (4), for “A written charge or requisition” substitute “Such a
25document”.

(7) In subsection (5)—

(a) after “a requisition” insert “or single justice procedure notice”, and

(b) after “the requisition” insert “or single justice procedure notice”.

15 (1) Section 4B (service of written charge or requisition otherwise than by post)
30is amended as follows.

(2) In the heading, for “or requisition” substitute “etc”.

(3) In subsection (1), for “or requisition” substitute “, requisition or single justice
procedure notice”.

(4) In subsection (2), for “the written charge or requisition” substitute “the
35document”.

(5) In subsection (3)(b), for “the written charge or requisition” substitute “the
document”.

Section 42

SCHEDULE 8 Further provision about criminal courts charge

Rehabilitation of Offenders Act 1974 (c. 53)Rehabilitation of Offenders Act 1974 (c. 53)

1 In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated
5persons and spent convictions: definition of sentence), at the end insert—

“(c) an order under section 21A of the Prosecution of Offences Act
1985 (criminal courts charge).”

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

2 The Magistrates’ Courts Act 1980 is amended as follows.

3 10In section 82 (restriction on power to impose imprisonment for default), for
subsection (1A) substitute—

“(1A) A magistrates’ court may not issue a warrant of commitment in
reliance on subsection (1)(c) for a default in paying—

(a) a charge ordered to be paid under section 21A of the
15Prosecution of Offences Act 1985 (criminal courts charge), or

(b) a surcharge ordered to be paid under section 161A of the
Criminal Justice Act 2003.”

4 In section 108 (right of appeal to the Crown Court), after subsection (4)
insert—

“(5) 20Subsection (3) does not prevent an appeal against an order under
section 21A of the Prosecution of Offences Act 1985 (criminal courts
charge).”

Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

5 In the Prosecution of Offences Act 1985, at the beginning of the heading of
25Part 2 insert “Defence, prosecution and third party”.

Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

6 In section 281(4A) of the Insolvency Act 1986 (effect of discharge from
bankruptcy debts)—

(a) after “fine” insert “imposed for an offence”, and

(b) 30after “a reference to” insert “—

(a) a charge ordered to be paid under section 21A of the
Prosecution of Offences Act 1985 (criminal courts
charge), whether on conviction or otherwise;

(b)”.

35Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

7 In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from
certain benefits), in the definition of “fine”, after paragraph (b) insert—

• “(ba)

  a charge ordered to be paid under section 21A of the
  Prosecution of Offences Act 1985 (criminal courts
  40charge);”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

8 The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

9 (1) Section 12 (absolute and conditional discharge) is amended as follows.

(2) In subsection (7)—

(a) 5omit “from making an order for costs against the offender or”, and

(b) for “him” substitute “the offender”.

(3) At the end insert—

“(8) Nothing in this section shall be construed as preventing a court, on
discharging an offender absolutely or conditionally in respect of an
10offence, from—

(a) making an order under section 21A of the Prosecution of
Offences Act 1985 (criminal courts charge), or

(b) making an order for costs against the offender.”

10 In section 142(1) (power of Crown Court to order search of persons before
15it), after paragraph (b) insert—

“(ba) the Crown Court makes an order against a person under
section 21A of the Prosecution of Offences Act 1985 (criminal
courts charge),”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

11 20The Criminal Justice Act 2003 is amended as follows.

12 In section 151(5) (community order or youth rehabilitation order for
persistent offender previously fined), before “a compensation order” insert
“an order under section 21A of the Prosecution of Offences Act 1985
(criminal courts charge), or”.

13 25In section 256AC(11) (breach of supervision requirements imposed under
section 256AA: appeal)—

(a) after “against” insert “—

(a)”, and

(b) at the end insert “under this section, and

(b) 30an order made by the court under section 21A of the
Prosecution of Offences Act 1985 (criminal courts
charge) when dealing with the person under this
section.”

14 In Schedule 8 (breach or amendment of community order), in paragraph 9(8)
35(appeals)—

(a) after “against” insert “—

(a)”, and

(b) at the end insert “, and

(b) an order made by the court under section 21A of the
40Prosecution of Offences Act 1985 (criminal courts
charge) when imposing that sentence.”

15 In Schedule 12 (breach or amendment of suspended sentence order), in
paragraph 9(3) (appeals)—

(a) for “any order made by the court under paragraph 8(2)(a) or (b)”
substitute “each of the following orders”, and

(b) at the end insert “—

(a) an order made by the court under paragraph
58(2)(a) or (b);

(b) an order made by the court under section 21A of
the Prosecution of Offences Act 1985 (criminal
courts charge) when making an order described in
paragraph (a).”

Section 60

10SCHEDULE 9 Juries at inquests

Jurors and electronic communications devices

1 After section 9 of the Coroners and Justice Act 2009 insert—

“9A Surrender of electronic communications devices by jurors

(1) 15A senior coroner holding an inquest with a jury may order the
members of the jury to surrender any electronic communications
devices for a period.

(2) An order may be made only if the senior coroner considers that—

(a) the order is necessary or expedient in the interests of justice,
20and

(b) the terms of the order are a proportionate means of
safeguarding those interests.

(3) An order may only specify periods during which the members of the
jury are—

(a) 25in the building in which the inquest is being heard,

(b) in other accommodation provided at the senior coroner’s
request,

(c) visiting a place in accordance with arrangements made for
the purposes of the inquest, or

(d) 30travelling to or from a place mentioned in paragraph (b) or
(c).

(4) An order may be made subject to exceptions.

(5) It is a contempt of court for a member of a jury to fail to surrender an
electronic communications device in accordance with an order under
35this section.

(6) Proceedings for a contempt of court under this section may only be
instituted on the motion of a senior coroner having jurisdiction to
deal with it.

(7) In this section, “electronic communications device” means a device
40that is designed or adapted for a use which consists of or includes the
sending or receiving of signals that are transmitted by means of an

electronic communications network (as defined in section 32 of the
Communications Act 2003).

9B Surrender of electronic communications devices: powers of search etc

(1) This section applies where an order has been made under section 9A
5in respect of the members of a jury.

(2) A coroners’ officer must, if ordered to do so by a senior coroner,
search a member of the jury in order to determine whether the juror
has failed to surrender an electronic communications device in
accordance with the order.

(3) 10Subsection (2) does not authorise the officer to require a person to
remove clothing other than a coat, jacket, headgear, gloves or
footwear.

(4) If the search reveals a device which is required by the order to be
surrendered—

(a) 15the officer must ask the juror to surrender the device, and

(b) if the juror refuses to do so, the officer may seize it.

(5) Subject to subsection (6), a coroners’ officer may retain an article
which was surrendered or seized under subsection (4) until the end
of the period specified in the order.

(6) 20If a coroners’ officer reasonably believes that the device may be
evidence of, or in relation to, an offence, the officer may retain it until
the later of—

(a) the end of the period specified in the order, and

(b) the end of such period as will enable the officer to draw it to
25the attention of a constable.

(7) A coroners’ officer may not retain a device under subsection (6)(b)
for a period of more than 24 hours from the time when it was
surrendered or seized.

(8) The Lord Chancellor may by regulations make provision as to—

(a) 30the provision of written information about coroners’ officers’
powers of retention to persons by whom devices have been
surrendered, or from whom devices have been seized, under
this section,

(b) the keeping of records about devices which have been
35surrendered or seized under this section,

(c) the period for which unclaimed devices have to be kept, and

(d) the disposal of unclaimed devices at the end of that period.

(9) In this section—

• “electronic communications device” has the same meaning as in
  40section 9A;

• “unclaimed device” means a device retained under this section
  which has not been returned and whose return has not been
  requested by a person entitled to it.”

2 (1) Part 4 of the Courts Act 2003 (court security officers) is amended as follows.

(2) In section 54A (powers in relation to jurors’ electronic communications
devices) (inserted by section 55 of this Act)—

(a) in subsection (1), after “1974” insert “or section 9A of the Coroners
and Justice Act 2009”,

(b) 5in subsection (2), after “judge” insert “or a senior coroner”, and

(c) for subsection (5) substitute—

“(5) In this section—

• “electronic communications device” means a device that
  is designed or adapted for a use which consists of or
  10includes the sending or receiving of signals that are
  transmitted by means of an electronic
  communications network (as defined in section 32 of
  the Communications Act 2003);

• “senior coroner” has the same meaning as in the
  15Coroners and Justice Act 2009.”

(3) In section 55(1A) (powers to retain articles surrendered or seized) (inserted
by section 55), after “1974” insert “or section 9A of the Coroners and Justice
Act 2009”.

Offences relating to research by jurors etc

3 20Part 1 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating
to jurors at inquests) is amended as follows.

4 Before paragraph 1 insert—

“Serving while disqualified, failure to attend etc”.

5 After paragraph 5 insert—

25“Research by jurors

5A (1) It is an offence for a member of a jury at an inquest to research the
case during the inquest period, subject to the exceptions in sub-
paragraphs (6) and (7).

(2) A person researches a case if (and only if) the person—

(a) 30intentionally seeks information, and

(b) when doing so, knows or or ought reasonably to know that
the information is or may be relevant to the inquest.

(3) The ways in which a person may seek information include—

(a) asking a question,

(b) 35searching an electronic database, including by means of
the internet,

(c) visiting or inspecting a place or object,

(d) conducting an experiment, and

(e) asking another person to seek the information.

(4) 40Information relevant to the inquest includes information about—

(a) a person involved in events relevant to the inquest,

(b) the senior coroner dealing with the inquest,

(c) any other person who is involved in the inquest, whether
as a lawyer, a witness or otherwise,

(d) the law relating to the case,

(e) the law of evidence, and

(f) 5procedure at inquests.

(5) “The inquest period”, in relation to a member of a jury at an
inquest, is the period—

(a) beginning when the person is sworn to inquire into the
case, and

(b) 10ending when the senior coroner discharges the jury or, if
earlier, when the senior coroner discharges the person.

(6) It is not an offence under this paragraph for a person to seek
information if the person needs the information for a reason which
is not connected with the case.

(7) 15It is not an offence under this paragraph for a person—

(a) to attend proceedings at the inquest;

(b) to seek information from the senior coroner dealing with
the case;

(c) to do anything which the senior coroner dealing with the
20case directs or authorises the person to do;

(d) to seek information from another member of the jury,
unless the person knows or ought reasonably to know that
the other member of the jury contravened this paragraph
in the process of obtaining the information;

(e) 25to do anything else which is reasonably necessary in order
for the jury to make a determination or finding in the case.

(8) A person guilty of an offence under this paragraph is liable, on
conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(9) 30Proceedings for an offence under this paragraph may only be
instituted by or with the consent of the Attorney General.

Sharing research with other jurors

5B (1) It is an offence for a member of a jury at an inquest intentionally to
disclose information to another member of the jury during the
35inquest period if—

(a) the member contravened paragraph 5A in the process of
obtaining the information, and

(b) the information has not been provided at the inquest.

(2) Information has been provided at the inquest if (and only if) it has
40been provided as part of—

(a) evidence presented at the inquest, or

(b) other information provided to the jury or a juror during the
inquest period by, or with the permission of, the senior
coroner dealing with the case.