not granted to the applicant for judicial review must also limit or remove the
liability of the other party to pay the applicant’s costs if it is.

(3) The Lord Chancellor may by regulations amend this section by adding to,
omitting or amending the matters listed in subsection (1).

(4) 5Regulations under this section are to be made by statutory instrument.

(5) 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.

(6) In this section—

• 10“free of charge” means otherwise than for or in expectation of fee, gain or
  reward;

• “legal representative”, in relation to a party to proceedings, means a
  person exercising a right of audience or conducting litigation on the
  party’s behalf.

70 15Capping of costs: environmental cases

(1) The Lord Chancellor may by regulations provide that sections 68 and 69 do not
apply in relation to judicial review proceedings which, in the Lord
Chancellor’s opinion, have as their subject an issue relating entirely or partly
to the environment.

(2) 20Regulations under this section—

(a) may make provision generally or only in relation to proceedings
described in the regulations, and

(b) may include transitional, transitory or saving provision.

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

(4) 25A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

Planning proceedings

71 Procedure for certain planning challenges

Schedule 11 contains amendments—

(a) 30that require leave of court to be obtained before certain planning
applications may be made, and

(b) that set out a procedure for challenging costs orders made in
connection with certain planning orders and decisions.

72 Periods of time for certain legal challenges

(1) 35In section 61N of the Town and Country Planning Act 1990 (legal challenges
relating to neighbourhood development orders)—

(a) in subsections (1)(b) and (2)(b), after “beginning with” insert “the day
after”;

(b) in subsection (3)(b)—

(i) 40for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”.

(2) In section 106C of that Act (legal challenges relating to development consent
obligations)—

(a) in subsection (1)(b)—

(i) for “during” substitute “before the end of”;

(ii) 5after “beginning with” insert “the day after”;

(b) in subsection (1A), after “begins with” insert “the day after”;

(c) in subsections (2)(b) and (3)(b)—

(i) for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”.

(3) 10In section 13 of the Planning Act 2008 (legal challenges relating to national
policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)—

(a) for “during” substitute “before the end of”;

(b) after “beginning with” insert “the day after”.

(4) In section 118 of that Act (legal challenges relating to applications for orders
15granting development consent)—

(a) in subsections (1)(b), (2)(b) and (3)(b)—

(i) for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”;

(b) in subsections (4)(b), (5)(b) and (6)(b)—

(i) 20for “during” substitute “before the end of”;

(ii) after “day”, wherever occurring, insert “after the day”;

(c) in subsection (7)(b)—

(i) for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”.

25Part 5 Final provisions

73 Power to make consequential and supplementary provision etc

(1) The Lord Chancellor or the Secretary of State may by regulations make
consequential, supplementary, incidental, transitional, transitory or saving
30provision in relation to any provision of this Act.

(2) The regulations may, in particular, amend, repeal or revoke legislation.

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

(4) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament, subject
35to subsection (5).

(5) A statutory instrument containing regulations under this section that amend or
repeal a provision of an Act (whether alone or with other provision) may not
be made unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.

(6) 40In this section—

• “Act” includes an Act or Measure of the National Assembly for Wales;

• “legislation”, in relation to regulations made under this section, means—

  (a)

  an Act passed before or in the same Session as this Act, or

  Criminal Justice and Courts BillPage 72

  (b)

  an instrument made under an Act before the regulations come
  into force.

74 Financial provision

There is to be paid out of money provided by Parliament—

(a) 5any expenditure incurred by a Minister of the Crown under or by virtue
of this Act, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

75 Commencement

(1) 10The provisions of this Act come into force on such day as the Lord Chancellor
or the Secretary of State may appoint by order, subject to subsection (2).

(2) This Part comes into force on the day on which this Act is passed.

(3) An order under this section is to be made by statutory instrument.

(4) An order under this section may—

(a) 15appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

(5) An order under this section bringing into force section 14 may appoint
different days for different areas.

76 Extent

(1) 20An amendment or repeal made by this Act has the same extent as the provision
amended or repealed (ignoring extent by virtue of an Order in Council), subject
to subsections (2) to (4).

(2) Section 51(2)(a), (3), (4) and (5) extend to England and Wales only.

(3) An amendment or repeal of a provision of the Armed Forces Act 2006 extends
25to England and Wales, Scotland and Northern Ireland.

(4) An amendment or repeal of any other provision, so far as it is applied by the
Armed Forces Act 2006, extends to England and Wales, Scotland and Northern
Ireland (and section 385 of that Act does not apply in relation to the
amendment or repeal).

(5) 30A provision of this Act, other than an amendment or repeal, extends to
England and Wales, Scotland and Northern Ireland, subject to subsection (6).

(6) The following provisions extend to England and Wales only—

(a) sections 15 and 16(1) to (4);

(b) sections 17 to 23;

(c) 35section 45;

(d) sections 66 to 70;

(e) Schedule 3;

(f) Parts 1 to 4 of Schedule 6.

77 Channel Islands, Isle of Man and British overseas territories

(1) The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences)
Act 1997 (power to extend to Isle of Man) is exercisable in relation to any
amendment of that Schedule that is made by or under this Act.

(2) 5The power conferred by section 9(3) of the Special Immigration Appeals
Commission Act 1997 (power to extend to Channel Islands and Isle of Man) is
exercisable in relation to any amendment of that Act that is made by or under
this Act.

(3) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
10extend to Channel Islands etc) is exercisable in relation to any amendment of
that Act that is made by or under this Act.

(4) The power conferred by section 39(6) of the Terrorism Act 2006 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.

(5) 15Her Majesty may by Order in Council provide for an armed forces provision to
extend, with or without modifications, to—

(a) any of the Channel Islands,

(b) the Isle of Man, or

(c) any of the British overseas territories.

(6) 20“Armed forces provision” means—

(a) an amendment or repeal made by or under this Act of a provision of the
Armed Forces Act 2006;

(b) an amendment or repeal made by or under this Act of any other
provision, so far as the provision is applied by the Armed Forces Act
252006.

78 Short title

This Act may be cited as the Criminal Justice and Courts Act 2014.

SCHEDULES

Section 5

SCHEDULE 1 Sentence and Parole Board release for offenders of particular concern

Part 1 5Sentence and release

Introduction

1 The Criminal Justice Act 2003 is amended as follows.

Sentence

2 After Chapter 5 of Part 12 (sentencing) insert—

“Chapter 5A

Other offenders of particular concern

236A 10Special custodial sentence for certain offenders of particular concern

(1) Subsection (2) applies where—

(a) a person is convicted of an offence listed in Schedule 18A
(whether the offence was committed before or after this
section comes into force),

(b) 15the person was aged 18 or over when the offence was
committed, and

(c) the court does not impose one of the following for the
offence—

(i) a sentence of imprisonment for life, or

(ii) 20an extended sentence under section 226A.

(2) If the court imposes a sentence of imprisonment for the offence, the
term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period of 1 year for which the offender is to be
25subject to a licence.

(3) The “appropriate custodial term” is the term that, in the opinion of
the court, ensures that the sentence is appropriate.

(4) The term of a sentence of imprisonment imposed under this section
for an offence must not exceed the term that, at the time the offence
30was committed, was the maximum term permitted for the offence.

(5) The references in subsections (1)(c) and (2) to a sentence imposed for
the offence include a sentence imposed for the offence and one or
more offences associated with it.

(6) The Secretary of State may by order amend Schedule 18A by—

(a) 5adding offences, or

(b) varying or omitting offences listed in the Schedule.

(7) An order under subsection (6) may, in particular, make provision
that applies in relation to the sentencing of a person for an offence
committed before the provision comes into force.”

3 10In section 330(5)(a) (orders subject to affirmative procedure), at the
appropriate place insert—

“(none) section 236A(6),”.

Offences of particular concern

4 After Schedule 18 insert—

Section 236A

“Schedule 18A 15Sentence under section 236A: offences

Terrorism offences

1 An offence under section 4 of the Offences against the Person Act
1861 (soliciting murder) that has a terrorist connection.

2 An offence under section 28 of that Act (causing bodily injury by
20explosives) that has a terrorist connection.

3 An offence under section 29 of that Act (using explosives etc with
intent to do grievous bodily harm) that has a terrorist connection.

4 An offence under section 2 of the Explosive Substances Act 1883
(causing explosion likely to endanger life or property) that has a
25terrorist connection.

5 An offence under section 3 of that Act (attempt to cause explosion,
or making or keeping explosive with intent to endanger life or
property) that has a terrorist connection.

6 An offence under section 4 of that Act (making or possession of
30explosive under suspicious circumstances) that has a terrorist
connection.

7 An offence under section 54 of the Terrorism Act 2000 (weapons
training).

8 An offence under section 56 of that Act (directing terrorist
35organisation).

9 An offence under section 57 of that Act (possession of article for
terrorist purposes).

10 An offence under section 59 of that Act (inciting terrorism
overseas).

11 An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).

12 An offence under section 50 of that Act (assisting or inducing
certain weapons-related acts overseas).

13 5An offence under section 113 of that Act (use of noxious substance
or thing to cause harm or intimidate).

14 An offence under section 5 of the Terrorism Act 2006 (preparation
of terrorist acts).

15 An offence under section 6 of that Act (training for terrorism).

16 10An offence under section 9 of that Act (making or possession of
radioactive device or material).

17 An offence under section 10 of that Act (use of radioactive device
or material for terrorist purposes etc).

18 An offence under section 11 of that Act (terrorist threats relating to
15radioactive devices etc).

Sexual offences

19 An offence under section 5 of the Sexual Offences Act 2003 (rape
of a child under 13).

20 An offence under section 6 of that Act (assault of a child under 13
20by penetration).

Accessories and inchoate offences

21 (1) Aiding, abetting, counselling or procuring the commission of an
offence specified in the preceding paragraphs of this Schedule (a
“relevant offence”).

(2) 25An attempt to commit a relevant offence.

(3) Conspiracy to commit a relevant offence.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a relevant offence is the offence (or one of the offences)
which the person intended or believed would be committed.

22 30An offence in the following list that has a terrorist connection—

(a) an attempt to commit murder,

(b) conspiracy to commit murder, and

(c) an offence under Part 2 of the Serious Crime Act 2007 in
relation to which murder is the offence (or one of the
35offences) which the person intended or believed would be
committed.

Abolished offences

23 An offence that—

(a) was abolished before the coming into force of section 236A,
40and

(b) if committed on the day on which the offender was
convicted of the offence, would have constituted an
offence specified in the preceding paragraphs of this
Schedule.

5Meaning of “terrorist connection”

24 For the purposes of this Schedule, an offence has a terrorist
connection if a court has determined under section 30 of the
Counter-Terrorism Act 2008 that the offence has such a
connection.”

10Release on licence to be directed by Parole Board

5 In section 244(1) (duty to release prisoners), after “243A” insert “, 244A”.

6 After section 244 insert—

“244A Release on licence of prisoners serving sentence under section 236A

(1) This section applies to a prisoner (“P”) who is serving a sentence
15imposed under section 236A.

(2) The Secretary of State must refer P’s case to the Board—

(a) as soon as P has served the requisite custodial period, and

(b) where there has been a previous reference of P’s case to the
Board under this subsection and the Board did not direct P’s
20release, not later than the second anniversary of the disposal
of that reference.

(3) It is the duty of the Secretary of State to release P on licence under this
section as soon as—

(a) P has served the requisite custodial period, and

(b) 25the Board has directed P’s release under this section.

(4) The Board must not give a direction under subsection (3) unless—

(a) the Secretary of State has referred P’s case to the Board, and

(b) the Board is satisfied that it is not necessary for the protection
of the public that P should be confined.

(5) 30It is the duty of the Secretary of State to release P on licence under this
section as soon as P has served the appropriate custodial term, unless
P has previously been released on licence under this section and
recalled under section 254 (provision for the release of such persons
being made by sections 255A to 255C).

(6) 35For the purposes of this section—

• “the appropriate custodial term” means the term determined as
  such by the court under section 236A;

• “the requisite custodial period” means—

  (a)

  in relation to a person serving one sentence, one-half
  40of the appropriate custodial term, and

  (b)

  in relation to a person serving two or more concurrent
  or consecutive sentences, the period determined
  under sections 263(2) and 264(2).”

7 (1) Section 246 (power to release prisoners on licence before required to do so)
is amended as follows.

(2) In subsection (4)(a) (disapplication of power), for “or 228” substitute “, 228
or 236A”.

(3) 5In subsection (6), in the definition of “term of imprisonment” for “or 228”
substitute “, 228 or 236A”.

Part 2 Offenders convicted of service offences

Armed Forces Act 2006 (c. 52)Armed Forces Act 2006 (c. 52)

8 10In the Armed Forces Act 2006, after section 224 insert—

“224A Special custodial sentence for certain offenders of particular concern

(1) This section applies where—

(a) a person is convicted by the Court Martial of an offence under
section 42 (criminal conduct) (whether the offence was
15committed before or after this section comes into force),

(b) the corresponding offence under the law of England and
Wales is an offence listed in Schedule 18A to the 2003 Act,

(c) the person was aged 18 or over when the offence was
committed, and

(d) 20the court does not impose one of the following for the
offence—

(i) a sentence of imprisonment for life, or

(ii) an extended sentence of imprisonment under section
226A of the 2003 Act (as applied by section 219A of
25this Act).

(2) If the court imposes a sentence of imprisonment for the offence,
section 236A(2) to (4) of the 2003 Act apply in relation to the term of
the sentence.

(3) The references in subsections (1)(d) and (2) to a sentence imposed for
30the offence include a sentence imposed for the offence and one or
more offences associated with it.

(4) In Schedule 18A to the 2003 Act, as applied by this section, the
reference in paragraph 24 to section 30 of the Counter-Terrorism Act
2008 is to be read as a reference to section 32 of that Act.”

35Part 3 Transitional and transitory provision

Application of new provisions about special custodial sentences

9 (1) Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this
Schedule, applies in relation to the sentencing of a person for an offence after
40that paragraph comes into force, whether the person was convicted of the
offence before or after it comes into force.

(2) Section 224A of the Armed Forces Act 2006, inserted by paragraph 8 of this
Schedule, applies in relation to the sentencing of a person for an offence after
that paragraph comes into force, whether the person was convicted of the
offence before or after it comes into force.

5Detention in a young offender institution

10 (1) This paragraph applies in relation to any time before the coming into force
of section 61 of the Criminal Justice and Court Services Act 2000 (abolition
of sentences of detention in a young offender institution).

(2) Section 236A of the Criminal Justice Act 2003 applies as if at the end there
10were inserted—

“(8) In the case of a person aged under 21, this section applies as if the
references to imprisonment were to detention in a young offender
institution.”

(3) Section 224A of the Armed Forces Act 2006 applies as if at the end there were
15inserted—

“(5) In the case of a person aged under 21, this section applies as if the
references to imprisonment were to detention in a young offender
institution.”

Part 4 20Consequential provision

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

11 (1) Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed) is amended as
follows.

(2) 25In paragraph (e), for “that Act” (in the first place) substitute “the Criminal
Justice Act 2003”.

(3) After paragraph (f) insert—

“(fa) in the case of a sentence under section 236A of that Act
(special custodial sentence for certain offenders of particular
30concern), a period equal to half of the term imposed pursuant
to section 236A(2)(a) of that Act calculated after that term has
been reduced by any relevant discount;”.

Crime (Sentences) Act 1997 (c. 43)Crime (Sentences) Act 1997 (c. 43)

12 (1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within
35the British Islands) is amended as follows.

(2) In paragraph 8(2)(a) (restricted transfers from England and Wales to
Scotland), after “244” insert “, 244A”.

(3) In paragraph 9(2)(a) (restricted transfers from England and Wales to
Northern Ireland), after “244” insert “, 244A”.