Criminal Justice and Courts Bill

Amendments
to be moved
on report

Clause 70

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

Page 67, line 30, leave out “must” and insert “may”

 

Page 67, line 32, leave out “not” and insert “decline to”

 

Page 67, line 34, leave out “highly likely” and insert “inevitable”

 

Page 68, line 4, leave out “must” and insert “may”

 

Page 68, line 6, leave out “highly likely” and insert “inevitable”

 

Page 68, line 7, leave out “must” and insert “may”

 

Page 68, line 27, leave out “must” and insert “may”

 

Page 68, line 32, leave out “highly likely” and insert “inevitable”

 

Page 68, line 34, leave out “must” and insert “may”

Clause 72

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

Page 69, line 44, leave out “must” and insert “may”

 

Page 70, line 3, leave out “must” and insert “may”

 

Page 70, line 6, leave out “or likely or able to do so”

Clause 73

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

Page 70, line 21, leave out subsections (2) to (6) and insert—

“( )     The High Court and the Court of Appeal shall have a discretion whether to
order an intervener to pay the costs of a relevant party to the proceedings,
and shall have a discretion whether to order a relevant party to the
proceedings to pay the intervener’s costs.”

Clause 74

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

Page 71, line 11, leave out subsections (3) to (5)

 

Page 71, line 30, leave out paragraph (c)

 

Page 71, line 44, leave out subsections (9) to (11)

Clause 75

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

Page 72, line 25, leave out “must” and insert “may”

 

Page 72, line 29, leave out “, or may provide,”

 

Page 72, line 33, leave out “, or may provide,”

 

Page 72, line 44, leave out subsections (3) to (6)

After Clause 78

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

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 impose further
eligibility criteria for receipt of legal aid, or further to restrict the scope of
legal aid, for judicial review proceedings (including applications for
permission to apply for judicial review).

(2)     Any statutory instrument made or to be made under the provisions
referred to in subsection (1) and which otherwise conflicts with the
restrictions set out in that subsection ceases to have effect in relation to legal
aid for such proceedings.”

 

Insert the following new Clause—

“Civil legal aid in relation to judicial review: residence test

A residence test may not be applied to an individual who applies for legal
aid in relation to judicial review proceedings (including applications for
permission to apply for judicial review).”

Clause 79

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

Page 74, line 24, leave out “supplementary,”

 

Page 74, line 26, leave out subsection (2)

Clause 81

LORD PANNICK

LORD WOOLF

LORD CARLILE OF BERRIEW

LORD BEECHAM

 

Page 75, line 11, leave out “comes” and insert “and sections (Legal aid for judicial
review
) and (Civil legal aid in relation to judicial review: residence test) come”

Prepared 1st October 2014