Lords Amendments: Criminal Justice and Courts Bill (17th October 2014)

1*

Page 4, line 43, at end insert—

“(13) Before this section comes into force, the Secretary of State shall—

(a) consult the Parole Board about the resources required for
additional hearings resulting from the implementation of this
section; and

(b) lay a report before Parliament containing—

(i) his assessment of the resources required for additional
hearings; and

(ii) his plans to ensure that the Parole Board has adequate
resources to fulfil the requirements of this section
effectively.”

2

Page 82, line 31, leave out from “Act” to end of line 32

3

Page 83, line 11, leave out from “Act” to end of line 12

4

Page 83, line 30, leave out sub-paragraph (3) and insert—

“( ) In subsection (5A) (inserted by section 14 of this Act)—

(a) for “to a prisoner” substitute “to—

(a) a prisoner”, and

(b) at the end insert “, or

(b) a prisoner serving a sentence imposed under
section 236A.””

5

Page 84, line 8, leave out sub-paragraph (3)

6*

Page 6, line 33, at end insert—

“(c) include provision for the court to decline to make an
electronic monitoring condition in any case where the court
considers that it would be unjust, unnecessary or
impractical to do so.”

7*

Page 7, line 13, at end insert—

“(1A) The code of practice must include a requirement that a person
carrying out electronic monitoring who is not a public authority, as
defined by section 3 of the Freedom of Information Act 2000 (public
authorities), shall provide information in respect of the carrying out
of electronic monitoring in the same manner as if they were such a
public authority.”

8*

Page 7, line 19, at end insert—

“(6) A code of practice under this section must be made by statutory
instrument.

(7) A statutory instrument containing a code of practice under subsection (3)
may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.”

9

Insert the following new Clause—

“Recall adjudicators

(1) After section 239 of the Criminal Justice Act 2003 insert—

“239A Recall adjudicators

(1) In this Chapter, “recall adjudicator” means a person for the time
being appointed as such by the Secretary of State.

(2) The Secretary of State may appoint the Board or another person.

(3) The Secretary of State may, in particular, appoint a person—

(a) to carry out all or only some of the functions of a recall
adjudicator;

(b) to carry out such functions only in relation to a specified
area;

(c) to carry out such functions only in relation to a specified
description of case.

(4) The Secretary of State may make rules with respect to the
proceedings of recall adjudicators.

(5) The Secretary of State may appoint a recall adjudicator (referred to
in this section as “the chief recall adjudicator”) to oversee the
activities of recall adjudicators.

(6) The chief recall adjudicator may, in particular—

(a) issue guidance with respect to the carrying out of the
functions of recall adjudicators, and

(b) make recommendations to the Secretary of State about the
termination of appointments under this section.

(7) Before issuing guidance the chief recall adjudicator must consult
the recall adjudicators and the Secretary of State.

(8) A recall adjudicator must carry out his or her functions in
accordance with guidance issued from time to time by the chief
recall adjudicator.

(9) The Secretary of State may make payments to a recall adjudicator.

(10) A person is not to be regarded as acting on behalf of the Crown, or
as enjoying any status, immunity or privilege of the Crown, by
virtue of an appointment under this section.”

(2) The amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003
(release etc of fixed-term prisoners) in section 8 of this Act confer functions
on recall adjudicators in connection with the release of fixed-term prisoners
following their recall.

(3) Schedule (Recall adjudicators: further provision) to this Act contains further
provision relating to recall adjudicators.”

10

Page 7, line 41, after “(4)” insert “—

(i) ”

11

Page 7, line 42, at end insert “and

(ii) for “the Board” substitute “a recall adjudicator”,”

12

Page 8, line 2, leave out “Board” and insert “recall adjudicator”

13

Page 8, line 10, leave out “Board” and insert “recall adjudicator”

14

Page 8, line 11, leave out “the Board is”

15

Page 8, line 14, leave out “Board” and insert “recall adjudicator”

16

Page 8, line 16, leave out “Board” and insert “recall adjudicator”

17

Page 8, line 18, leave out “Board” and insert “recall adjudicator”

18

Page 8, line 33, at end insert—

“( ) in subsection (4), for “the Board” substitute “a recall adjudicator”,”

19

Page 8, line 35, leave out “Board” and insert “recall adjudicator”

20

Page 8, line 43, leave out “Board” and insert “recall adjudicator”

21

Page 8, line 44, leave out “the Board is”

22

Page 9, line 1, leave out “Board” and insert “recall adjudicator”

23

Page 9, line 3, leave out “Board” and insert “recall adjudicator”

24

Page 9, line 5, leave out “Board” and insert “recall adjudicator”

25

Page 9, line 13, leave out “the Board” and insert “a recall adjudicator”

26

Page 9, line 15, leave out “the Board” and insert “a recall adjudicator”

27

Page 9, line 19, leave out “Board” and insert “recall adjudicator”

28

Page 9, line 22, leave out “Board” and insert “recall adjudicator”

29

Page 9, line 28, after “(2)” insert “—

(i) ”

30

Page 9, line 28, at end insert “and

(ii) for “the Board” substitute “a recall adjudicator”,”

31

Page 9, line 28, at end insert—

“( ) in subsection (3), for “The Board” substitute “A recall adjudicator”,”

32

Page 9, line 29, after “(4)” insert “—

(i) for “Board” substitute “recall adjudicator”, and

(ii) ”

33

Page 9, line 36, leave out “Board” and insert “recall adjudicator”

34

Page 9, line 37, leave out “the Board is”

35

Page 9, line 39, leave out “Board” and insert “recall adjudicator”

36

Page 9, line 41, leave out “Board” and insert “recall adjudicator”

37

Page 9, line 44, leave out “Board” and insert “recall adjudicator”

38

Page 10, line 25, leave out “Board” and insert “recall adjudicator”

39

Page 11, line 2, after “(prisoners)” insert—

“(a) after subsection (2) insert—

“(2A) Without prejudice to the powers of the Secretary of State to
change the release test under this section, the Parole Board
shall direct the release on licence of prisoners serving
indeterminate sentences with a tariff of less than 2 years
imposed before 2008 when the Criminal Justice Act 2003
was amended.”;”

40

Page 15, line 17, at end insert—

“( ) In section 250 (licence conditions), for subsection (5A) substitute—

“(5A) Subsection (5B) applies to a licence granted, either on initial release
or after recall to prison, to a prisoner serving an extended sentence
imposed under section 226A or 226B, other than a sentence that
meets the conditions in section 246A(2) (release without direction of
the Board).

(5B) The Secretary of State must not—

(a) include a condition referred to in subsection (4)(b)(ii) in the
licence, either on release or subsequently, or

(b) vary or cancel any such condition included in the licence,

unless the Board directs the Secretary of State to do so.”

( ) In section 260(2B) (early removal from prison of extended sentence
prisoners liable to removal from United Kingdom), for “section 246A”
substitute “this Chapter”.”

41*

Insert the following new Clause—

“Stop and search of children below the age of 10

In section 1 of the Police and Criminal Evidence Act 1984 (power of
constable to stop and search persons, vehicles etc.), after subsection (2)
insert—

“(2A) Where the person is below 10 years of age, an appropriate adult
must be present before the search may be undertaken.””

42

Page 18, line 3, leave out “It is an offence for”

43

Page 18, line 4, leave out from “worker” to end of line 4 and insert- “commits an
offence if—

( ) the care worker’s activities amount to a breach of a relevant duty of
care owed by the care worker to the individual who is ill-treated or
neglected; and

( ) in the absence of the breach, the ill-treatment or wilful neglect
would not have occurred or would have been less likely to occur.”

44

Insert the following new Schedule—

“SCHEDULE

RECALL ADJUDICATORS: FURTHER PROVISION

Mental Health Act 1983 (c. 20)

1 The Mental Health Act 1983 is amended as follows.

2 In section 50(3)(a) (further provisions as to prisoners under sentence:
disregarding Parole Board powers when identifying release date), after
“Board” insert “or a recall adjudicator (as defined in section 239A of the
Criminal Justice Act 2003)”.

3 (1) Section 74 (restricted patients subject to restriction directions) is
amended as follows.

(2) In subsection (5A)(a) and (b), after “Board” (in each place) insert “or a
recall adjudicator”.

(3) At the end insert—

“(8) In this section “recall adjudicator” has the meaning given in
section 239A of the Criminal Justice Act 2003.”

Criminal Justice Act 2003 (c. 44)

4 The Criminal Justice Act 2003 is amended as follows.

5 Before section 239 insert—

“Parole Board and recall adjudicators”.

6 In section 239(1)(b) (functions of the Parole Board), after “by” insert “or
under”.

7 (1) Section 250 (licence conditions) is amended as follows.

(2) In subsection (5A) (inserted by section 14 of this Act), for “Subsection
(5B) applies to a licence granted, either on initial release or after recall to
prison,” substitute “Subsections (5B) and (5C) apply”.

(3) In subsection (5B) (inserted by section 14 of this Act), at the beginning
insert “In the case of a licence granted when the prisoner is initially
released,”.

(4) After that subsection insert—

“(5C) In the case of a licence granted when the prisoner is released after
recall to prison, the Secretary of State must not—

(a) include a condition referred to in subsection (4)(b)(ii) in
the licence, either on release or subsequently, or

(b) vary or cancel any such condition included in the licence,

unless a recall adjudicator directs the Secretary of State to do so.”

8 In section 260(2B) (early removal from prison of extended sentence
prisoners liable to removal from United Kingdom), after “Board” insert
“or a recall adjudicator”.

9 In section 268 (interpretation of Chapter 6 of Part 12), at the appropriate
place insert—

““recall adjudicator” has the meaning given in section
239A.”

10 In paragraph 34 of Schedule 20B (licence conditions in certain
transitional cases), for sub-paragraph (6) substitute—

“(6) In the case of a Parole Board licence granted when the prisoner
is initially released, the Secretary of State must not—

(a) include a condition referred to in section 250(4)(b)(ii) in
the licence, either on release or subsequently, or

(b) vary or cancel any such condition,

unless the Board directs the Secretary of State to do so.

(7) In the case of a Parole Board licence granted when the prisoner
is released after recall to prison, the Secretary of State must
not—

(a) include a condition referred to in section 250(4)(b)(ii) in
the licence, either on release or subsequently, or

(b) vary or cancel any such condition,

unless a recall adjudicator directs the Secretary of State to do
so.”

11 In paragraph 37(2) of that Schedule (early removal from prison of
prisoners liable to removal from United Kingdom in certain transitional
cases)—

(a) after “Board” insert “or the recall adjudicator”, and

(b) for “paragraph 6, 15, 25 or 28” substitute “this Chapter”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

12 In Schedule 9 to the Domestic Violence, Crime and Victims Act 2004
(authorities within the remit of the Commissioner for Victims and
Witnesses), after paragraph 26 insert—

“26A A recall adjudicator (as defined in section 239A of the Criminal
Justice Act 2003).”

Offender Management Act 2007 (c. 21)

13 The Offender Management Act is amended as follows.

14 In section 3(7)(a) (arrangements for the provision of probation services:
risk of conflict of interests), for “or to the Parole Board for England and
Wales” substitute “, to the Parole Board for England and Wales or to a
recall adjudicator (as defined in section 239A of the Criminal Justice Act
2003)”.

15 In section 14(2) (disclosure of information for offender management
purposes), after paragraph (d) insert—

“(da) a recall adjudicator (as defined in section 239A of the
Criminal Justice Act 2003);”.

Coroners and Justice Act 2009 (c. 25)

16 In section 131(4)(d) of the Coroners and Justice Act 2009 (annual report
of Sentencing Council for England and Wales: effect of factors not related
to sentencing), after “Board” insert “or a recall adjudicator (as defined in
section 239A of the Criminal Justice Act 2003)”.

Equality Act 2010 (c. 15)

17 In Part 1 of the Schedule 19 to the Equality Act 2010 (public authorities:
general), after the entry for the Parole Board for England and Wales
insert—

“A recall adjudicator (as defined in section 239A of the
Criminal Justice Act 2003).””

45

Page 19, line 18, leave out “gross”

46

Page 20, line 7, leave out ““gross””

47

Page 20, line 34, at end insert—

“( ) A person is not a care provider for the purposes of section 20 to the extent
that the person carries out a function of a local authority in England
mentioned in subsection (1) in respect of which either of the following has
effect—

(a) a direction under section 15(6)(a) of the Local Government Act 1999
(power of Secretary of State to direct functions of a best value
authority to be carried out by another person);

(b) a direction under section 497A(4) or (4A) of the Education Act 1996
(power of Secretary of State to direct certain functions to be carried
out by another person).”

48

Page 21, line 3, at end insert—

“( ) A person is not a care provider for the purposes of section 20 to the extent
that the person carries out a function of a local authority in Wales
mentioned in subsection (3) in respect of which any of the following has
effect—

(a) a direction under section 29(6)(a) of the Local Government (Wales)
Measure 2009 (nawm 2) (power of Welsh Ministers to direct certain
functions of a Welsh improvement authority to be carried out by
another person);

(b) a direction under section 25 or 26 of the School Standards and
Organisation (Wales) Act 2013 (anaw 1) (powers of Welsh Ministers
to direct education functions to be carried out by another person);

(c) a direction under section 154 or 155 of the Social Services and Well-
Being (Wales) Act 2014 (anaw 4) (powers of Welsh Ministers to
direct social services functions to be carried out by another
person).”

49

Page 21, line 3, at end insert—

“( ) A registered adoption society or registered adoption support agency is not
a care provider for the purposes of section 20 to the extent that it provides
adoption support services (as defined in section 2(6) of the Adoption and
Children Act 2002).”

50

Page 21, line 11, at end insert—

““registered adoption society” means an adoption society (as defined
in section 2 of the Adoption and Children Act 2002) which is a
voluntary organisation (as defined in that section) and in respect of
which a person is registered under Part 2 of the Care Standards Act
2000;

“registered adoption support agency” means an adoption support
agency (as defined in section 8 of the Adoption and Children Act
2002) in respect of which a person is registered under Part 2 of the
Care Standards Act 2000.”

51*

Insert the following new Clause—

“Identity theft

After section 9 of the Fraud Act 2006 (possession etc. of articles for use in
frauds) insert—

“9A Identity theft

(1) A person is guilty of an offence if, knowingly and without
reasonable cause, he uses a means of identification of another
person or a fictitious person.

(2) A person who is guilty of identity theft is liable, on summary
conviction, to imprisonment for a term not exceeding 6 months or
to a fine not exceeding the statutory maximum (or both).

(3) The Secretary of State may by regulations set out what constitutes a
defence under this section.””

52

Page 23, line 7, after “constable” insert “listed in subsection (3)”

53

Page 23, leave out line 13 and insert—

“(3) The police constables referred to in subsection (1) are—”

54

Page 23, line 14, at end insert “in England and Wales”

55

Page 23, line 15, at end insert “in England and Wales”

56

Page 23, line 19, leave out from “designated” to “as” in line 20 and insert “under
section 9 or 10 of the Crime and Courts Act 2013”

57

Page 23, line 21, at end insert—

“( ) For the purposes of this section, “police constable” also includes any person
who is an employee or agent or acting under the authority of a constable
(including in a supporting role), or is performing any function that would,
if performed by a constable, fall within policing duties.”

58

Page 24, line 5, leave out “England and Wales or in the adjacent” and insert “the
United Kingdom or in”

59

Page 24, line 15, at end insert “in England and Wales or Northern Ireland”

60*

Page 24, line 35, leave out “16” and insert “18”

61*

Page 24, line 36, leave out from “had” to end of line 43 and insert “at least one
relevant conviction (see section 1ZA)”

62*

Page 25, line 1, leave out from beginning to “the” in line 2 and insert “Where this
subsection applies,”

63*

Page 25, line 1, leave out “16” and insert “18”

64*

Page 25, line 5, after “offence” insert “or to the circumstances of the previous
conviction”

65*

Page 25, line 5, after “offence” insert “, to the previous offence”

66*

Page 25, line 5, after “offender” insert “or to the likely impact of the sentence on the
offender”

67*

Page 25, leave out line 8

68*

Page 25, leave out lines 10 and 11

69*

Page 25, line 11, at end insert-—

“(2CA) In considering whether it is of the opinion mentioned in subsection
(2B) in the case of a person aged 16 or 17, the court must have regard
to its duty under section 44 of the Children and Young Persons Act
1933 (general considerations).

(2CB) Where—

(a) an appropriate custodial sentence has been imposed on a
person under subsection (2B), and

(b) a relevant conviction without which subsection (2B) would
not have applied has been subsequently set aside on appeal,

notice of appeal against the sentence may be given at any time
within 28 days from the date on which the conviction was set aside
(despite anything in section 18 of the Criminal Appeal Act 1968
(initiating procedure)).”

70*

Page 25, line 18, leave out “(2B)(a)” and insert “(2C)(a)”

71*

Page 25, line 21, at end insert—

“( ) After section 1 insert—

“1ZA Offence under section 1: relevant previous convictions

(1) For the purposes of section 1, “relevant conviction” means—

(a) a conviction for an offence under—

(i) section 1 or 1A of this Act, or

(ii) section 139, 139A or 139AA of the Criminal Justice
Act 1988,

(a “relevant offence”), whenever committed,

(b) a conviction in Scotland, Northern Ireland or a member
State other than the United Kingdom for a civilian offence,
whenever committed, which would have constituted a
relevant offence if committed in England and Wales at the
time of that conviction,

(c) a conviction for an offence under section 42 of the Armed
Forces Act 2006, whenever committed, in respect of which
the corresponding offence under the law of England and
Wales (within the meaning of that section) is a relevant
offence,

(d) a conviction for an offence under section 70 of the Army Act
1955, section 70 of the Air Force Act 1955 or section 42 of the
Naval Discipline Act 1957, whenever committed, in respect
of which the corresponding civil offence (within the
meaning of the Act in question) is a relevant offence, and

(e) a conviction for a member State service offence, whenever
committed, which would have constituted a relevant
offence if committed in England and Wales at the time of
conviction.

(2) In this section—

“civilian offence” means an offence other than—

(a) an offence under an enactment mentioned in
subsection (1)(c) or (d), or

(b) a member State service offence;

“conviction” includes—

(a) in relation to an offence under section 42 of the
Armed Forces Act 2006, anything which by virtue of
section 376(1) and (2) of that Act is to be treated as a
conviction and

(b) in relation to an offence under section 42 of the
Naval Discipline Act 1957 and a member State
service offence, a finding of guilt in respect of the
person;

“member State service offence” means an offence which was
the subject of proceedings under the law of a member State,
other than the United Kingdom, governing all or any of the
naval, military or air forces of that State.

(3) For the purposes of subsection (1)(c) and (d), where the offence was
committed by aiding, abetting, counselling or procuring, it must be
assumed that the act aided, abetted, counselled or procured was
done in England and Wales.”

72*

Page 25, line 28, leave out “16” and insert “18”

73*

Page 25, line 29, leave out from “had” to end of line 35 and insert “at least one
relevant conviction (see section 139AZA)”

74*

Page 25, line 36, leave out from beginning to “the” in line 37 and insert “Where this
subsection applies,”

75*

Page 25, line 36, leave out “16” and insert “18”

76*

Page 25, line 40, after “offence” insert “or to the circumstances of the previous
conviction”

77*

Page 25, line 40, after “offence” insert “, to the previous offence”

78*

Page 25, line 40, after “offender” insert “or to the likely impact of the sentence on
the offender”

79*

Page 25, leave out line 43

80*

Page 25, leave out lines 45 to 47

81*

Page 25, line 47, at end insert-—

“(6CA) In considering whether it is of the opinion mentioned in subsection
(6B) in the case of a person aged 16 or 17, the court must have regard
to its duty under section 44 of the Children and Young Persons Act
1933 (general considerations).

(6CB) Where—

(a) an appropriate custodial sentence has been imposed on a
person under subsection (6B), and

(b) a relevant conviction without which subsection (6B) would
not have applied has been subsequently set aside on appeal,

notice of appeal against the sentence may be given at any time
within 28 days from the date on which the conviction was set aside
(despite anything in section 18 of the Criminal Appeal Act 1968
(initiating procedure)).”

82*

Page 26, line 7, leave out “(6B)” and insert (6C)(a)”

83*

Page 26, leave out line 13 and insert-—

“(a) a person is convicted of an offence under subsection (1) or
(2) by a court in England and Wales,

( aa) the offence was”

84*

Page 26, line 15, leave out “16” and insert “18”

85*

Page 26, line 16, leave out from “had” to end of line 22 and insert “at least one
relevant conviction (see section 139AZA)”

86*

Page 26, line 23, leave out from beginning to “the” in line 24 and insert “Where this
subsection applies,”

87*

Page 26, line 23, leave out “16” and insert “18”

88*

Page 26, line 27, after “offence” insert “or to the circumstances of the previous
conviction”

89*

Page 26, line 27, after “offence” insert “, to the previous offence”

90*

Page 26, line 27, after “offender” insert “or to the likely impact of the sentence on
the offender”

91*

Page 26, leave out line 30

92*

Page 26, leave out lines 32 to 34

93*

Page 26, line 34, at end insert—

“(5CA) In considering whether it is of the opinion mentioned in subsection
(5B) in the case of a person aged 16 or 17, the court must have regard
to its duty under section 44 of the Children and Young Persons Act
1933 (general considerations).

(5CB) Where—

(a) an appropriate custodial sentence has been imposed on a
person under subsection (5B), and

(b) a relevant conviction without which subsection (5B) would
not have applied has been subsequently set aside on appeal,

notice of appeal against the sentence may be given at any time
within 28 days from the date on which the conviction was set aside
(despite anything in section 18 of the Criminal Appeal Act 1968
(initiating procedure)).”

94*

Page 26, line 41, leave out “(5B)” and insert “(5C)(a)”

95*

Page 26, line 43, at end insert—

“( ) After section 139A insert—

“139AZA Offences under sections 139 and 139A: relevant previous
convictions

(1) For the purposes of sections 139 and 139A, “relevant conviction”
means—

(a) a conviction for an offence under—

(i) section 1 or 1A of the Prevention of Crime Act 1953,
or

(ii) section 139, 139A or 139AA of this Act,

(a “relevant offence”), whenever committed,

(b) a conviction in Scotland, Northern Ireland or a member
state other than the United Kingdom for a civilian offence,
whenever committed, which would have constituted a
relevant offence if committed in England and Wales at the
time of that conviction,

(c) a conviction for an offence under section 42 of the Armed
Forces Act 2006, whenever committed, in respect of which
the corresponding offence under the law of England and
Wales (within the meaning of that section) is a relevant
offence,

(d) a conviction for an offence under section 70 of the Army Act
1955, section 70 of the Air Force Act 1955 or section 42 of the
Naval Discipline Act 1957, whenever committed, in respect
of which the corresponding civil offence (within the
meaning of the Act in question) is a relevant offence, and

(e) a conviction for a member State service offence, whenever
committed, which would have constituted a relevant
offence if committed in England and Wales at the time of
conviction.

(2) In this section—

“civilian offence” means an offence other than—

(a) an offence under an enactment mentioned in
subsection (1)(c) or (d), or

(b) a member State service offence;

“conviction” includes—

(a) in relation to an offence under section 42 of the
Armed Forces Act 2006, anything which by virtue of
section 376(1) and (2) of that Act is to be treated as a
conviction, and

(b) in relation to an offence under section 42 of the
Naval Discipline Act 1957 and a member State
service offence, a finding of guilt in respect of the
person;

“member State service offence” means an offence which was
the subject of proceedings under the law of a member State,
other than the United Kingdom, governing all or any of the
naval, military or air forces of that State.

(3) For the purposes of subsection (1)(c) and (d), where the offence was
committed by aiding, abetting, counselling or procuring, it must be
assumed that the act aided, abetted, counselled or procured was
done in England and Wales.””

96*

Page 26, line 43, at end insert—

“( ) Schedule (Possessing an offensive weapon etc: consequential provision) contains
consequential provision.”

97

Insert the following new Clause—

“Assault on workers selling alcohol

(1) A person who assaults a worker who is required to enforce or comply with
the Licensing Act 2003—

(a) in the course of that worker’s employment, or

(b) by reason of that worker’s employment,

commits an offence.

(2) In this section—

“worker” means a person whose employment involves them selling
alcohol under the provisions of the Licensing Act 2003;

“employment” means any paid or unpaid work whether under
contract, apprenticeship, or otherwise.

(3) A person who is guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not
exceeding two years or an unlimited fine (or both),

(b) on summary conviction to imprisonment for a term not exceeding
six months or a fine not exceeding the statutory minimum (or
both).”

98

Insert the following new Clause—

“Publication of private sexual images

(1) It shall be an offence for a person to publish a private sexual image of
another identifiable person without their consent where this disclosure
causes distress to the person who is the subject of the image.

(2) A person is not guilty of an offence under subsection (1) if he or she-—

(a) reasonably believed that the person who is the subject of the image
had consented to its publication;

(b) reasonably believed that the publication of the image would not
cause distress;

(c) reasonably believed that the image had previously been published;
or

(d) did not intend to publish the image.

(3) For the purposes of this section it is immaterial who owns the copyright of
the published image.

(4) An offence under this section is punishable by—

(a) on conviction on indictment, imprisonment for a term not
exceeding 2 years or a fine (or both);

(b) on summary conviction, imprisonment for a term not exceeding 6
months or a fine (or both).

99*

Insert the following new Clause—

“Disregarding certain convictions for buggery etc: making an application on
behalf of another person

(1) In section 92 of the Protection of Freedoms Act 2012 (power of Secretary of
State to disregard convictions or cautions), after subsection (1) insert—

“(1A) A person may make an application under subsection (1) on behalf
of another person if that other person is deceased and if the
following conditions are satisfied—

(a) the applicant can show direct descent from the deceased
person or from the parents of the deceased person;

(b) the applicant can provide proof of the death of the person
for whom the application is being made; and

(c) the conviction for which the application is made is recorded
in Police Central Records or the applicant can supply
documentary evidence to satisfy the Secretary of State that
the offence for which the deceased person was convicted or
cautioned was not non-consensual, did not involve persons
under the then age of consent and did not take place in a
public lavatory or other proscribed public place and was not
otherwise a criminal offence.”

(2) In section 93 of that Act (applications to the Secretary of State)—

(a) in subsection (2)(a), at the end insert “or if applying on behalf of a
deceased person, the name and dates of birth and death of that
person”;

(b) in subsection (2)(b), at the end insert “or if applying on behalf of a
deceased person, the name and address of that person at the time of
the conviction or caution”.”

100*

Insert the following new Schedule—

“SCHEDULE

POSSESSING AN OFFENSIVE WEAPON ETC: CONSEQUENTIAL PROVISION

Mental Health Act 1983 (c. 20)

1 In section 37(1A) of the Mental Health Act 1983 (powers of courts to
order hospital admission or guardianship)—

(a) in paragraph (za), after “section” insert “1(2B) or”, and

(b) in paragraph (aa), after “section” insert “139(6B), 139A(5B) or”.

Criminal Justice Act 1988 (c. 33)

2 In section 36(2)(b) of the Criminal Justice Act 1988 (reviews of
sentencing)—

(a) in sub-paragraph (zi), after “section” insert “1(2B) or”, and

(b) in sub-paragraph (ia), after “section” insert “139(6B), 139A(5B)
or”.

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

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

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

(2) In subsection (1), for the words from “section 110(2)” to “2006” substitute
“a provision mentioned in subsection (1A)”.

(3) After that subsection insert—

“(1A) The provisions referred to in subsection (1) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act
1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal
Justice Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) section 224A, 225(2) or 226(2) of the Criminal Justice Act
2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act
2006.”

5 In section 100(1A) (offenders under 18: detention and training orders),
for paragraphs (a) and (b) substitute—

“(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953
(minimum sentence for certain offences involving
offensive weapons);

(b) section 139(6B), 139A(5B) or 139AA(7) of the Criminal
Justice Act 1988 (minimum sentence for certain offences
involving article with blade or point or offensive
weapon).”

6 (1) Section 130 (compensation orders against convicted persons) is
amended as follows.

(2) In subsection (2), for the words from “section 110(2)” to “2006” substitute
“a provision mentioned in subsection (2ZA)”.

(3) After that subsection insert—

“(2ZA) The provisions referred to in subsection (2) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act
1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal
Justice Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) section 224A, 225(2) or 226(2) of the Criminal Justice Act
2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act
2006.”

7 (1) Section 146 (driving disqualification for any offence) is amended as
follows.

(2) In subsection (2), for the words from “section 110(2)” to “2006” substitute
“a provision mentioned in subsection (2A)”.

(3) After that subsection insert—

“(2A) The provisions referred to in subsection (2) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act
1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal
Justice Act 1988;

(d) section 110(2) or 111(2) of this Act;

(e) section 224A, 225(2) or 226(2) of the Criminal Justice Act
2003;

(f) section 29(4) or (6) of the Violent Crime Reduction Act
2006.”

8 In section 164(3) (further interpretive provisions)—

(a) in paragraph (aa), after “section” insert “1(2B) or”, and

(b) in paragraph (ba), after “section” insert “139(6B), 139(5B) or”.

Criminal Justice Act 2003 (c. 44)

9 The Criminal Justice Act 2003 is amended as follows.

10 (1) Section 142 (purposes of sentencing: offenders aged 18 or over) is
amended as follows.

(2) In subsection (2)(c), for the words from “section 1A(5)” to “detention for
life for certain dangerous offenders)” substitute “a provision mentioned
in subsection (2A)”.

(3) After that subsection insert—

“(2AA) The provisions referred to in subsection (2)(c) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953
(minimum sentence for certain offences involving
offensive weapons);

(b) section 51A(2) of the Firearms Act 1968 (minimum
sentence for certain firearms offences);

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal
Justice Act 1988 (minimum sentence for certain offences
involving article with blade or point or offensive
weapon);

(d) section 110(2) or 111(2) of the Sentencing Act (minimum
sentence for certain drug trafficking and burglary
offences);

(e) section 224A of this Act (life sentence for second listed
offence for certain dangerous offenders);

(f) section 225(2) or 226(2) of this Act (imprisonment or
detention for life for certain dangerous offenders);

(g) section 29(4) or (6) of the Violent Crime Reduction Act
2006 (minimum sentence in certain cases of using
someone to mind a weapon).”

11 (1) Section 142A (purposes of sentencing: offenders under 18) is amended as
follows.

(2) In subsection (4), for paragraph (b) substitute—

“(b) to an offence the sentence for which falls to be imposed
under a provision mentioned in subsection (5), or”.

(3) At the end insert—

“(5) The provisions referred to in subsection (4)(b) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953
(minimum sentence for certain offences involving
offensive weapons);

(b) section 51A(2) of the Firearms Act 1968 (minimum
sentence for certain firearms offences);

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal
Justice Act 1988 (minimum sentence for certain offences
involving article with blade or point or offensive
weapon);

(d) section 226(2) of this Act (detention for life for certain
dangerous offenders);

(e) section 29(6) of the Violent Crime Reduction Act 2006
(minimum sentence in certain cases of using someone to
mind a weapon).”

12 (1) Section 144 (reduction in sentences for early guilty pleas) is amended as
follows.

(2) In subsection (2), for the words from “an offence” to “nothing” substitute
“an offender who—

(a) is convicted of an offence the sentence for which falls to
be imposed under a provision mentioned in subsection
(3), and

(b) is aged 18 or over when convicted,

nothing”.

(3) In subsection (3)—

(a) for “section 1A(6)(a)” substitute “section 1(2B) or 1A(5)”, and

(b) for “section 139AA(8)(a)” substitute “section 139(6B), 139A(5B) or
139AA(7)”.

(4) In subsection (4), for the words from “an offence” to “nothing” substitute
“an offender who—

(a) is convicted of an offence the sentence for which falls to
be imposed under a provision mentioned in subsection
(5), and

(b) is aged 16 or 17 when convicted,

nothing”.

(5) In subsection (5)—

(a) for “section 1A(6)(b)” substitute “section 1(2B) or 1A(5)”, and

(b) for “section 139AA(8)(b)” substitute “section 139(6B), 139A(5B)
or 139AA(7)”.

13 In section 150(2) (community order not available where sentence fixed
by law etc), for paragraphs (a) and (b) substitute—

“(a) falls to be imposed under section 1(2B) or 1A(5) of the
Prevention of Crime Act 1953 (minimum sentence for
certain offences involving offensive weapons), or

(b) falls to be imposed under section 139(6B), 139A(5B) or
139AA(7) of the Criminal Justice Act 1988 (minimum
sentence for certain offences involving article with blade
or point or offensive weapon).”

14 (1) Section 152 (general restrictions on imposing discretionary custodial
sentence) is amended as follows.

(2) In subsection (1)(b), for the words from “section 1A(5)” to the end
substitute “a provision mentioned in subsection (1A).”

(3) After that subsection insert—

“(1A) The provisions referred to in subsection (1)(b) are—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act
1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal
Justice Act 1988;

(d) section 110(2) or 111(2) of the Sentencing Act;

(e) section 224A, 225(2) or 226(2) of this Act;

(f) section 29(4) or (6) of the Violent Crime Reduction Act
2006.”

15 (1) Section 153 (length of discretionary custodial sentences: general
provision) is amended as follows.

(2) In subsection (2), for the words from “section 1A(5)” to “this Act”
substitute “the provisions listed in subsection (3)”.

(3) After that subsection insert—

“(3) The provisions referred to in subsection (2) are—

(a) sections 1(2B) and 1A(5) of the Prevention of Crime Act
1953;

(b) section 51A(2) of the Firearms Act 1968;

(c) sections 139(6B), 139A(5B) and 139AA(7) of the Criminal
Justice Act 1988;

(d) sections 110(2) and 111(2) of the Sentencing Act;

(e) sections 226A(4) and 226B(2) of this Act;

(f) section 29(4) or (6) of the Violent Crime Reduction Act
2006.”

16 (1) Section 305(4) (interpretation of Part 12) is amended as follows.

(2) In paragraph (za)—

(a) for “subsection (5) of section 1A” substitute “section 1(2B) or
1A(5)”, and

(b) for “that subsection” substitute “that provision”.

(3) In paragraph (aa)—

(a) for “subsection (7) of section 139AA” substitute “section 139(6B),
139A(5B) or 139AA(7)”, and

(b) for “that subsection” substitute “that provision”.

Coroners and Justice Act 2009 (c. 25)

17 (1) Section 125(6) of the Coroners and Justice Act 2009 (sentencing
guidelines: duty of court) is amended as follows.

(2) In paragraph (ea)—

(a) for “section” substitute “sections 1(2B) and”, and

(b) for “offence of threatening with offensive weapon in public”
substitute “certain offences involving offensive weapons”.

(3) In paragraph (fa)—

(a) for “section” substitute “sections 139(6B), 139A(5B) and”, and

(b) for “offence of threatening with” substitute “certain offences
involving”.”

101

Insert the following new Clause—

“Extension of disqualification where custodial sentence also imposed

(1) In section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed)—

(a) in subsection (4)(e) and (f), omit “calculated after that term has been
reduced by any relevant discount”,

(b) in subsection (4)(h), omit “calculated after that sentence has been
reduced by any relevant discount”, and

(c) omit subsection (6) (definition of “relevant discount”).

(2) In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000
(extension of disqualification where custodial sentence also imposed)—

(a) in subsection (4)(e) and (f), omit “calculated after that term has been
reduced by any relevant discount”,

(b) in subsection (4)(h), omit “calculated after that sentence has been
reduced by any relevant discount”, and

(c) omit subsection (6) (definition of “relevant discount”).

(3) In consequence of the amendments made by subsections (1) and (2), omit
paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.”

102

Insert the following new Clause—

“Mutual recognition of driving disqualification in UK and Republic of Ireland

(1) Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU
Convention on driving disqualifications) is amended as follows.

(2) For the heading of the Chapter substitute “Mutual recognition of driving
disqualification in UK and Republic of Ireland”.

(3) In section 54 (application of duty of the UK to give notice of driving
disqualification)—

(a) in subsection (1), for paragraph (a) substitute—

“(a) an individual (“the offender”) is convicted of a
qualifying UK road traffic offence,

(aa) when convicted, the offender—

(i) is normally resident in the Republic of
Ireland, or

(ii) is not normally resident in the Republic of
Ireland but holds a Republic of Ireland
licence,”, and

(b) after subsection (1) insert—

“(1A) A qualifying UK road traffic offence is—

(a) an offence under the law of England and Wales or
Scotland mentioned in Schedule 3;

(b) an offence under the law of Northern Ireland
mentioned in Schedule 3A.”

(4) In section 56(1) (application of duty of the UK to recognise driving
disqualification imposed outside the UK), for paragraph (a) substitute—

“(a) an individual (“the offender”) is convicted in the Republic of
Ireland of an offence described in Schedule 3B,

(aa) when convicted, the offender—

(i) is normally resident in the United Kingdom, or

(ii) is not normally resident in the United Kingdom but
holds a Great Britain licence or a Northern Ireland
licence,”.

(5) After section 71 insert—

“71A The specified agreement on driving disqualifications

(1) In this Chapter, “the specified agreement on driving
disqualifications” means the agreement specified from time to time
by the Secretary of State by regulations for the purposes of this
Chapter.

(2) The Secretary of State may only specify an agreement made—

(a) between the United Kingdom and the Republic of Ireland,
and

(b) for the purpose of giving effect in one of those States to
disqualification from driving imposed in the other on
conviction for an offence.

(3) In this section, “disqualification from driving” means
disqualification from holding or obtaining a licence to drive a motor
vehicle.”

(6) In Schedule (Mutual recognition of driving disqualification in UK and Republic
of Ireland) to this Act—

(a) Part 1 contains further provision for the purpose of implementing
an agreement between the United Kingdom and the Republic of
Ireland on the mutual recognition of driving disqualification;

(b) Part 2 contains provision about the transition from the EU
Convention on driving disqualification to that agreement.”

103

Insert the following new Clause—

“Disclosing private sexual photographs and films with intent to cause distress

(1) It is an offence for a person to disclose a private sexual photograph or film
if the disclosure is made—

(a) without the consent of an individual who appears in the
photograph or film, and

(b) with the intention of causing that individual distress.

(2) But it is not an offence for the person to disclose the photograph or film to
the individual mentioned in subsection (1)(a) and (b).

(3) It is a defence for a person charged with an offence under this section to
prove that he or she reasonably believed that the disclosure was necessary
for the purposes of preventing, detecting or investigating crime.

(4) It is a defence for a person charged with an offence under this section to
show that—

(a) the disclosure was made in the course of, or with a view to, the
publication of journalistic material, and

(b) he or she reasonably believed that, in the particular circumstances,
the publication of the journalistic material was, or would be, in the
public interest.

(5) It is a defence for a person charged with an offence under this section to
show that—

(a) he or she reasonably believed that the photograph or film had
previously been disclosed for reward, whether by the individual
mentioned in subsection (1)(a) and (b) or another person, and

(b) he or she had no reason to believe that the previous disclosure for
reward was made without the consent of the individual mentioned
in subsection (1)(a) and (b).

(6) A person is taken to have shown the matters mentioned in subsection (4) or
(5) if—

(a) sufficient evidence of the matters is adduced to raise an issue with
respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(7) For the purposes of subsections (1) to (5)—

(a) “consent” to a disclosure includes general consent covering the
disclosure, as well as consent to the particular disclosure, and

(b) “publication” of journalistic material means disclosure to the public
at large or to a section of the public.

(8) A person charged with an offence under this section is not to be taken to
have disclosed a photograph or film with the intention of causing distress
merely because that was a natural and probable consequence of the
disclosure.

(9) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both), and

(b) on summary conviction, to imprisonment for a term not exceeding
12 months or a fine (or both).

(10) Schedule (Disclosing private sexual photographs or films: providers of
information society services) makes special provision in connection with the
operation of this section in relation to persons providing information
society services.

(11) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12
months is to be read as a reference to 6 months.

(12) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in subsection (9)(b) to a fine is to be read as a reference to a fine
not exceeding the statutory maximum.”

104

Insert the following new Clause—

“Meaning of “disclose” and “photograph or film”

(1) The following apply for the purposes of section (Disclosing private sexual
photographs and films with intent to cause distress), this section and section
(Meaning of “private” and “sexual”).

(2) A person “discloses” something to a person if, by any means, he or she
gives or shows it to the person or makes it available to the person.

(3) Something that is given, shown or made available to a person is
disclosed—

(a) whether or not it is given, shown or made available for reward, and

(b) whether or not it has previously been given, shown or made
available to the person.

(4) “Photograph or film” means a still or moving image in any form that—

(a) appears to consist of or include one or more photographed or
filmed images, and

(b) in fact consists of or includes one or more photographed or filmed
images.

(5) The reference in subsection (4)(b) to photographed or filmed images
includes photographed or filmed images that have been altered in any way.

(6) “Photographed or filmed image” means a still or moving image that—

(a) was originally captured by photography or filming, or

(b) is part of an image originally captured by photography or filming.

(7) “Filming” means making a recording, on any medium, from which a
moving image may be produced by any means.

(8) References to a photograph or film include—

(a) a negative version of an image described in subsection (4), and

(b) data stored by any means which is capable of conversion into an
image described in subsection (4).”

105

Insert the following new Clause—

“Meaning of “private” and “sexual”

(1) The following apply for the purposes of section (Disclosing private sexual
photographs and films with intent to cause distress).

(2) A photograph or film is “private” if it shows something that is not of a kind
ordinarily seen in public.

(3) A photograph or film is “sexual” if—

(a) it shows all or part of an individual’s exposed genitals or pubic
area,

(b) it shows something that a reasonable person would consider to be
sexual because of its nature, or

(c) its content, taken as a whole, is such that a reasonable person would
consider it to be sexual.

(4) Subsection (5) applies in the case of —

(a) a photograph or film that consists of or includes a photographed or
filmed image that has been altered in any way,

(b) a photograph or film that combines two or more photographed or
filmed images, and

(c) a photograph or film that combines a photographed or filmed
image with something else.

(5) The photograph or film is not private and sexual if—

(a) it does not consist of or include a photographed or filmed image
that is itself private and sexual,

(b) it is only private or sexual by virtue of the alteration or combination
mentioned in subsection (4), or

(c) it is only by virtue of the alteration or combination mentioned in
subsection (4) that the person mentioned in section (Disclosing
private sexual photographs and films with intent to cause distress)(1)(a)
and (b) is shown as part of, or with, whatever makes the
photograph or film private and sexual.”

106*

Insert the following new Clause—

“Review of impact of section 31 provisions

The Secretary of State shall arrange for an independent review of the
impact of the provisions within section 31, to be undertaken at the end of
18 months from the date that this section comes into force, and shall lay a
report before each House of Parliament.”

107*

Page 30, line 42, at end insert—

“(d) secure children’s homes.”

108

Page 31, line 2, at end insert—

“( ) No secure college may be established until comprehensive rules on
the operation of secure colleges, including the use of force and the
treatment of young persons with mental or physical health needs,
have been made under section 52(2ZA).”

109

Page 31, line 2, at end insert—

“( ) No female, nor any male under the age of fifteen, may be placed in
a secure college.”

110

Page 32, line 14, at end insert—

“( ) The Secretary of State must make arrangments to ensure that—

(a) there is adequate specialist provision to cater for the health
and wellbeing needs of all young persons detained in a
secure college; and

(b) sufficient places are available in secure children’s homes to
enable young persons for whom detention in a secure
children’s home is deemed more appropriate by the
relevant authority than detention in a secure college or
young offender institution to be so detained.”

111

Page 32, line 17, leave out from “43” to end of line 18 and insert “may not be made
unless a draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament”

112

Insert the following new Schedule—

“SCHEDULE

MUTUAL RECOGNITION OF DRIVING DISQUALIFICATION IN UK AND REPUBLIC OF
IRELAND

PART 1

FURTHER PROVISION

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

1 Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003
(EU Convention on driving disqualifications) is amended as follows.

2 (1) Section 54 (road traffic offences in UK: application of section 55) is
amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), after “Schedule 3” insert “or Part 1 of Schedule
3A”, and

(b) in paragraph (b), for “that Schedule” substitute “Schedule 3 or
Part 2 of Schedule 3A”.

(3) For subsection (3) substitute—

“(3) The minimum period is—

(a) for an offence mentioned in Part 2 of Schedule 3 in
relation to which the Secretary of State has by regulations
specified a period of less than six months, that period;

(b) for an offence mentioned in Part 2 of Schedule 3A in
relation to which the Department has by regulations
specified a period of less than six months, that period;

(c) for any other offence, a period of six months.”

(4) After that subsection insert—

“(3A) When determining whether the period of disqualification in
respect of an offence mentioned in Part 2 of Schedule 3 is not less
than the minimum period, an extension period imposed under
any of the following is to be disregarded—

(a) section 35A or 35C of the Road Traffic Offenders Act 1988;

(b) section 248D of the Criminal Procedure (Scotland) Act
1995;

(c) section 147A of the Powers of Criminal Courts
(Sentencing) Act 2000.

(3B) When determining whether the period of disqualification in
respect of an offence mentioned in Part 2 of Schedule 3A is not
less than the minimum period, an extension period imposed
under any of the following is to be disregarded—

(a) Article 8A of the Criminal Justice (Northern Ireland)
Order 1980 (S.I. 1980/704 (N.I. 6));

(b) Article 40A of the Road Traffic Offenders (Northern
Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10));

(c) Article 91A of the Criminal Justice (Northern Ireland)
Order 2008 (S.I. 2008/1216 (N.I. 1)).”

(5) After subsection (5) insert—

“(6) The Secretary of State may by regulations amend Schedule 3.

(7) The Department may by regulations amend Schedule 3A.”

3 (1) Section 55 (duty to give notice to foreign authorities of driving
disqualification of a non-UK resident) is amended as follows.

(2) For the heading substitute “Duty to give notice to Republic of Ireland of
UK driving disqualification”.

(3) In subsection (1), for “the State in which the offender is normally
resident” substitute “the Republic of Ireland”.

(4) In subsection (2)(f), for “the convention on driving disqualifications”
substitute “the specified agreement on driving disqualifications”.

(5) In subsection (9)—

(a) in paragraph (b), for “the State mentioned in subsection (1)”
substitute “the Republic of Ireland”, and

(b) for “the convention on driving disqualifications” substitute “the
specified agreement on driving disqualifications”.

4 For the italic heading before section 56 substitute “Road traffic offences
in Republic of Ireland”.

5 (1) Section 56 (road traffic offences in Republic of Ireland: application of
section 57) is amended as follows.

(2) For subsection (2) substitute—

“(2) The driving disqualification condition is met—

(a) in relation to an offence mentioned in Part 1 of Schedule
3B, if the offender is disqualified in the Republic of
Ireland as a result of the offence;

(b) in relation to an offence mentioned in Part 2 of that
Schedule, if the offender is disqualified in the Republic of
Ireland for a period not less than the minimum period as
a result of the offence.”

(3) In subsection (3)—

(a) for “a State” substitute “the Republic of Ireland”,

(b) for “in that State” substitute “there”, and

(c) for “the law of that State” substitute “the law of the Republic of
Ireland”.

(4) For subsection (4) substitute—

“(4) The minimum period is—

(a) for an offence in relation to which the Secretary of State
has by regulations specified a period of less than six
months, that period;

(b) for any other offence, a period of six months.”

(5) Omit subsection (5).

(6) In subsection (6), for “the part of the United Kingdom in which the
offender is normally resident” substitute “the relevant part of the United
Kingdom”.

(7) After that subsection insert—

“(6A) In subsection (6), “the relevant part of the United Kingdom”
means—

(a) where the offender was normally resident in the United
Kingdom when convicted, the part of the United
Kingdom in which the offender was normally resident at
that time;

(b) where the offender was not normally resident in the
United Kingdom when convicted but held a Great Britain
licence or a Northern Ireland licence, the part of the
United Kingdom in which the offender was last normally
resident before conviction.”

(8) Omit subsection (7).

(9) In subsection (8)—

(a) for “treating” substitute “about when”,

(b) after the first “United Kingdom” insert “are to be treated for the
purposes of this section”, and

(c) for “a member state other than the United Kingdom” substitute
“the Republic of Ireland”.

(10) After subsection (9) insert—

“(10) The Secretary of State may by regulations amend Schedule 3B.”

6 (1) Section 57 (recognition in United Kingdom of foreign driving
disqualification) is amended as follows.

(2) In the heading, for “foreign” substitute “Republic of Ireland”.

(3) In the following provisions, for “the foreign disqualification” substitute
“the Republic of Ireland disqualification”—

(a) subsection (1)(a);

(b) subsection (2) (in both places);

(c) subsection (4)(b);

(d) subsection (5)(b);

(e) subsection (6);

(f) subsection (8) (in both places).

(4) In subsection (1)(a) and (b), for “one month” substitute “three months”.

(5) In subsection (2)(b), for “the State in which the offender was convicted”
substitute “the Republic of Ireland”.

(6) In subsection (3)—

(a) for “a State” substitute “the Republic of Ireland”, and

(b) for “in that State” substitute “there”.

7 In section 58(1)(a) and (b) (notice under section 57), for “the foreign
disqualification” substitute “the Republic of Ireland disqualification”.

8 (1) Section 63 (production of licence: Great Britain) is amended as follows.

(2) In subsection (4), for “the competent authority of the relevant State”
substitute “the competent authority of the Republic of Ireland or the
Department”.

(3) Omit subsection (5).

9 (1) Section 64 (production of licence: Northern Ireland) is amended as
follows.

(2) In subsection (4), for “the competent authority of the relevant State”
substitute “the competent authority of the Republic of Ireland or the
Secretary of State”.

(3) Omit subsection (5).

10 In section 65(3) (production of licence: Community licence holders), for
the words from “the same” to the end substitute “the Republic of
Ireland”.

11 In section 68 (endorsement of licence: Great Britain), for subsection (1)
substitute—

“(1) This section applies where a person who—

(a) is normally resident in Great Britain, or

(b) is not normally resident in Great Britain but holds a Great
Britain licence,

is disqualified by virtue of section 57.”

12 In section 69 (endorsement of licence: Northern Ireland), for subsection
(1) substitute—

“(1) This section applies where a person who—

(a) is normally resident in Northern Ireland, or

(b) is not normally resident in Northern Ireland but holds a
Northern Ireland licence,

is disqualified by virtue of section 57.”

13 In section 70(1) (duty of appropriate Minister to inform competent
authority)—

(a) for “any State” substitute “the Republic of Ireland”, and

(b) for “the convention on driving disqualifications” substitute “the
specified agreement on driving disqualifications”.

14 (1) Section 72 (regulations: Great Britain) is amended as follows.

(2) In subsection (2), at the end insert “, subject to subsection (2A)”.

(3) After subsection (2) insert—

“(2A) A statutory instrument containing regulations under section
54(6), 56(10) or 71A may not be made unless a draft of the
instrument has been laid before, and approved by a resolution of,
each House of Parliament.”

15 (1) Section 73 (regulations: Northern Ireland) is amended as follows.

(2) In subsection (2), at the end insert “, subject to subsection (2A)”.

(3) After subsection (2) insert—

“(2A) Regulations made under section 54(7) may not be made unless a
draft of the regulations has been laid before, and approved by a
resolution of, the Northern Ireland Assembly.”

16 (1) Section 74(1) (interpretation) is amended as follows.

(2) For the definition of “central authority” substitute—

““central authority” means an authority designated by the
Republic of Ireland as a central authority for the purposes
of the specified agreement on driving disqualifications;”.

(3) For the definition of “competent authority” substitute—

““competent authority” means an authority which is a
competent authority in relation to the Republic of Ireland
for the purposes of the specified agreement on driving
disqualifications;”.

(4) Omit the definition of “the convention on driving disqualifications”.

(5) In the definition of “disqualified”, after “and” insert “, except in section
71A,”.

(6) Omit the definition of “foreign disqualification”.

(7) At the end insert—

““Republic of Ireland disqualification” means the
disqualification mentioned in section 56;

“Republic of Ireland licence” means a licence to drive a
motor vehicle granted under the law of the Republic of
Ireland, including a learner permit.”

17 In section 74(2) (interpretation of references to disqualification for life),
for “foreign disqualification” substitute “Republic of Ireland
disqualification”.

18 In section 74, at the end insert—

“(3) For the purposes of this Chapter, an individual is normally
resident in, or in a part of, the United Kingdom, in Great Britain,
in Northern Ireland or in the Republic of Ireland if his or her
normal residence, as defined in Article 12 of Directive 2006/126/
EC of the European Parliament and of the Council of 20th
December 2006 on driving licences, is there.”

19 (1) Schedule 3 (offences for the purposes of section 54) is amended as
follows.

(2) In the heading, at the end insert “: Great Britain”.

(3) In paragraph 1, for sub-paragraph (2) substitute—

“(2) “Driver” has the same meaning as in the Road Traffic Act
1988.”

(4) In paragraph 2, omit “or Article 43(1) of the Road Traffic Regulation
(Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))”.

(5) In paragraph 3—

(a) omit “or Articles of the Road Traffic (Northern Ireland) Order
1995”,

(b) in sub-paragraph (a), omit “or Article 9”,

(c) in sub-paragraph (b), omit “or Article 10”,

(d) in sub-paragraph (c), omit “or Article 12”,

(e) in sub-paragraph (d), omit “or Article 14”,

(f) in sub-paragraph (e), omit “or Article 15”,

(g) in sub-paragraph (f), omit “or Article 16”,

(h) in sub-paragraph (g), omit “or Article 17”, and

(i) in sub-paragraph (h), omit “or Article 18”.

(6) In paragraph 5, omit “or Article 167(1) of the Road Traffic (Northern
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))”.

(7) In paragraph 6, omit “or Article 175(2) of the Road Traffic (Northern
Ireland) Order 1981”.

(8) In paragraph 7(a), omit “or Part 1 of Schedule 1 to the Road Traffic
Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))”.

20 After Schedule 3 insert—

“SCHEDULE 3A

Section 54

OFFENCES FOR THE PURPOSES OF SECTION 54: NORTHERN IRELAND

PART 1

OFFENCES WHERE ORDER OF DISQUALIFICATION FOR A MINIMUM PERIOD UNNECESSARY

1 (1) Manslaughter by the driver of a motor vehicle.

(2) “Driver” has the same meaning as in Article 2(2) of the Road
Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I. 18)).

2 An offence under Article 168A(1)(c) of the Road Traffic
(Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (driving
while disqualified).

3 An offence under Article 175(2) of the Road Traffic (Northern
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (failing to stop after
accident and give particulars or report of accident).

4 An offence under any of the following Articles of the Road
Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994
(N.I. 18))—

(a) Article 9 (causing death or grievous bodily injury by
dangerous driving),

(b) Article 10 (dangerous driving),

(c) Article 11A (causing death or grievous bodily injury by
careless or inconsiderate driving),

(d) Article 12 (careless, and inconsiderate, driving),

(e) Article 12B (causing death or grievous bodily injury by
driving: unlicensed, disqualified or uninsured
drivers),

(f) Article 14 (causing death or grievous bodily injury by
careless driving when under the influence of drink or
drugs),

(g) Article 15 (driving, or being in charge, when under the
influence of drink or drugs),

(h) Article 16 (driving, or being in charge, of a motor
vehicle with alcohol concentration above prescribed
limit),

(i) Article 17 (failing to provide a specimen of breath for a
breath test), or

(j) Article 18 (failing to provide a specimen for analysis or
laboratory test).

5 An offence under Article 43(1) of the Road Traffic Regulation
(Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))
(exceeding speed limit).

PART 2

OFFENCES WHERE ORDER OF DISQUALIFICATION FOR A MINIMUM PERIOD NECESSARY

6 An offence which—

(a) is mentioned in Part 1 of Schedule 1 to the Road Traffic
Offenders (Northern Ireland) Order 1996 (S.I. 1996/
1320 (N.I. 10)), but

(b) is not an offence mentioned in Part 1 of this Schedule.”

21 After Schedule 3A insert—

“SCHEDULE 3B

Section 56

OFFENCES FOR THE PURPOSES OF SECTION 56: REPUBLIC OF IRELAND

PART 1

OFFENCES WHERE ORDER OF DISQUALIFICATION FOR A MINIMUM PERIOD UNNECESSARY

1 An offence arising from—

(a) reckless or dangerous driving, whether or not resulting
in death, injury or serious risk,

(b) wilful failure to carry out the obligations placed on
drivers after being involved in road accidents,

(c) driving a vehicle while under the influence of alcohol
or other substances affecting or diminishing the mental
and physical abilities of a driver,

(d) refusal to submit to alcohol and drug tests,

(e) driving a vehicle faster than the permitted speed, or

(f) driving a vehicle while disqualified.

PART 2

OFFENCES WHERE ORDER OF DISQUALIFICATION FOR A MINIMUM PERIOD NECESSARY

2 An offence arising from conduct which is a road traffic offence
that is not mentioned in Part 1 of this Schedule.”

Coroners and Justice Act 2009 (c. 25)

22 In Schedule 21 to the Coroners and Justice Act 2009 (consequential
amendments), omit paragraph 93 (uncommenced amendment of section
54 of the Crime (International Co-operation) Act 2003).

PART 2

TRANSITION FROM EU CONVENTION TO NEW AGREEMENT

Transitional period

23 In this Part of this Schedule, “the transitional period” means the period—

(a) beginning with 1 December 2014, and

(b) ending with the day before the first day on which—

(i) section (Mutual recognition of driving disqualification in UK
and Republic of Ireland)(2) to (5) are in force,

(ii) the Secretary of State has specified an agreement under
section 71A of the Crime (International Co-operation) Act
2003 (“the 2003 Act”), and

(iii) that agreement has entered into force.

Disapplication of duties and powers to give notices during the transitional period

24 During the transitional period, the Secretary of State and the Department
of the Environment in Northern Ireland—

(a) are not required to give a notice under section 55 of the 2003 Act
(duty to give notice to foreign authorities of driving
disqualification of a non-UK resident),

(b) are not required or permitted to give a notice under section 57 of
the 2003 Act (recognition in United Kingdom of foreign driving
disqualification), and

(c) are not required to give reasons under section 70(3) of the 2003
Act (duty to give reasons for not giving a notice under section
57).

25 Paragraphs 23 and 24 are to be treated as having come into force on 1
December 2014.

Application of duties and powers to give notices after the transitional period

26 After the end of the transitional period, the Secretary of State and the
Department of the Environment in Northern Ireland—

(a) are required to give a notice under section 55 of the 2003 Act
(duty to give notice to foreign authorities of driving
disqualification of a non-UK resident),

(b) are required or permitted to give a notice under section 57 of the
2003 Act (recognition in United Kingdom of foreign driving
disqualification), and

(c) are required to give reasons under section 70(3) of the 2003 Act
(duty to give reasons for not giving a notice under section 57),

only in a case in which the offence referred to in section 54(1) or 56(1) of
the 2003 Act was committed after the end of the transitional period.

Saving for pre-1 December 2014 cases

27 The amendments made by section (Mutual recognition of driving
disqualification in UK and Republic of Ireland) and Part 1 of this Schedule
do not have effect in relation to a case in which a notice was given to an
offender under section 57 of the 2003 Act before 1 December 2014.”

113

Insert the following new Schedule—

“SCHEDULE

DISCLOSING PRIVATE SEXUAL PHOTOGRAPHS OR FILMS: PROVIDERS OF INFORMATION
SOCIETY SERVICES

England and Wales service providers: extension of liability

1 (1) This paragraph applies where a service provider is established in
England and Wales (an “E&W service provider”).

(2) Section (Disclosing private sexual photographs and films with intent to cause
distress) applies to an E&W service provider who—

(a) discloses a photograph or film in an EEA state other than the
United Kingdom, and

(b) does so in the course of providing information society services,

as well as to a person who discloses a photograph or film in England and
Wales.

(3) In the case of an offence under section (Disclosing private sexual
photographs and films with intent to cause distress), as it applies to an E&W
service provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place in England
and Wales, and

(b) the offence may for all incidental purposes be treated as having
been committed at any such place.

(4) Nothing in this paragraph affects the operation of paragraphs 3 to 5.

Non-UK service providers: restriction on institution of proceedings

2 (1) This paragraph applies where a service provider is established in an EEA
state other than the United Kingdom (a “non-UK service provider”).

(2) Proceedings for an offence under section (Disclosing private sexual
photographs and films with intent to cause distress) may not be instituted
against a non-UK service provider in respect of anything done in the
course of the provision of information society services unless the
derogation condition is satisfied.

(3) The derogation condition is satisfied where the institution of
proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) relates to an information society service that prejudices that
objective or presents a serious and grave risk of prejudice to that
objective, and

(c) is proportionate to that objective.

(4) “The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

3 (1) A service provider is not capable of being guilty of an offence under
section (Disclosing private sexual photographs and films with intent to cause
distress) in respect of anything done in the course of providing so much
of an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of information
provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the
information transmitted so far as the storage is solely for the purpose of
carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for longer
than is reasonably necessary for the transmission.

Exception for caching

4 (1) This paragraph applies where an information society service consists in
the transmission in a communication network of information provided
by a recipient of the service.

(2) The service provider is not capable of being guilty of an offence under
section (Disclosing private sexual photographs and films with intent to cause
distress) in respect of the automatic, intermediate and temporary storage
of information so provided, if—

(a) the storage of the information is solely for the purpose of making
more efficient the onward transmission of the information to
other recipients of the service at their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the
information, and

(c) where sub-paragraph (4) applies, expeditiously removes the
information or disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual
knowledge that—

(a) the information at the initial source of the transmission has been
removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from
the network of, or the disablement of access to, the information.

Exception for hosting

5 (1) A service provider is not capable of being guilty of an offence under
section (Disclosing private sexual photographs and films with intent to cause
distress) in respect of anything done in the course of providing so much
of an information society service as consists in the storage of information
provided by a recipient of the service if sub-paragraph (2) or (3) is
satisfied.

(2) This sub-paragraph is satisfied if the service provider had no actual
knowledge when the information was provided—

(a) that it consisted of or included a private sexual photograph or
film,

(b) that it was provided without the consent of an individual who
appears in the photograph or film, or

(c) that the disclosure of the photograph or film was provided with
the intention of causing distress to that individual.

(3) This sub-paragraph is satisfied if, on obtaining such knowledge, the
service provider expeditiously removed the information or disabled
access to it.

(4) Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority or control of the service provider.

Interpretation

6 (1) This paragraph applies for the purposes of this Schedule.

(2) “Disclose” and “photograph or film” have the meanings given in section
(Meaning of “disclose” and “photograph or film”).

(3) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce
Directive (which refers to Article 1(2) of Directive 98/34/EC of
the European Parliament and of the Council of 22 June 1998
laying down a procedure for the provision of information in the
field of technical standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as
covering “any service normally provided for remuneration, at a
distance, by means of electronic equipment for the processing
(including digital compression) and storage of data, and at the
individual request of a recipient of a service”,

and “the E-Commerce Directive” means Directive 2000/31/EC of the
European Parliament and of the Council of 8 June 2000 on certain legal
aspects of information society services, in particular electronic
commerce, in the Internal Market (Directive on electronic commerce).

(4) “Recipient”, in relation to a service, means a person who, for professional
ends or otherwise, uses an information society service, in particular for
the purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society
service.

(6) For the purpose of interpreting references in this Schedule to a service
provider who is established in England and Wales or an EEA state—

(a) a service provider is established in England and Wales, or in a
particular EEA state, if the service provider—

(i) effectively pursues an economic activity using a fixed
establishment in England and Wales, or that EEA state,
for an indefinite period, and

(ii) is a national of an EEA state or a company or firm
mentioned in Article 54 of the Treaty on the Functioning
of the European Union;

(b) the presence or use in a particular place of equipment or other
technical means of providing an information society service does
not, of itself, constitute the establishment of a service provider;

(c) where it cannot be determined from which of a number of
establishments a given information society service is provided,
that service is to be regarded as provided from the establishment
at the centre of the service provider‘s activities relating to that
service.”

114

Page 95, line 1, after “In” insert “the English language text of”

115

Page 95, line 4, at end insert—

“( ) In the Welsh language text of that provision—

(a) for “Goron na” substitute “Goron,”, and

(b) after “cyfarwyddwr)” insert “na phennaeth coleg diogel”.”

116

Page 95, line 5, after “In” insert “the English language text of”

117

Page 95, line 7, at end insert—

“( ) In the Welsh language text of that provision, in the definition of “llety
cadw ieuenctid”, after paragraph (b) insert—

“(ba) coleg diogel;”.”

118

Page 95, line 18, at end insert—

“(2A) No contract may be entered into under sub-paragraph (1) until the
Secretary of State has, by regulations made by statutory instrument,
specified the criteria to be applied in the selection of such contractors.

(2B) A statutory instrument containing regulations under sub-paragraph
(2A) may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.”

119

Page 95, line 18, at end insert—

“( ) No such contract shall be for a period of more than five years.”

120*

Page 95, line 28, at end insert—

“(4) Where the Secretary of State enters into a contract with another person
under paragraph 1(1), and that person is not a public authority for the
purposes of section 3 of the Freedom of Information Act 2000 (public
authorities), that person shall be designated by the Secretary of State as
a public authority for the purposes of that section in relation to that
contract.

121

Page 97, line 28, leave out paragraph 10 and insert—

“10 Secure college rules may only authorise the use of reasonable force on
children—

(a) as a last resort;

(b) for the purposes of preventing harm to the child or others; and

(c) to the extent that the minimum force necessary should be used.”

122

Page 103, line 6, at end insert—

“Prison Act 1952 (c. 52)

27A In section 52 of the Prison Act 1952 (exercise of power to make rules etc),
after subsection (3) insert—

“(4) A statutory instrument containing rules under section 47 or 47A
is subject to annulment in pursuance of a resolution of either
House of Parliament, subject to subsection (5).

(5) A statutory instrument containing rules under section 47 that
(whether alone or with other provision)—

(a) authorise a secure college custody officer performing
custodial duties at a secure college to use reasonable
force, or

(b) otherwise make a substantive change to the
circumstances in which such an officer is authorised to do
so,

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 subsection (5), “secure college custody officer” has the same
meaning as in Schedule 6 to the Criminal Justice and Courts Act
2014.”

Criminal Justice Act 1967 (c. 80)

27B Omit section 66(4) of the Criminal Justice Act 1967 (exercise of powers to
make rules under sections 47 and 47A of the Prison Act 1952).”

123*

Insert the following new Clause—

“Application of reporting restrictions to social media

Sections 39 (power to prohibit publication of certain matters in
newspapers) and 49 (restrictions on reports of proceedings in which
children or young persons are concerned) 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.”

124

Insert the following new Clause—

“Time limit for bringing certain criminal proceedings

Offence of making improper use of public electronic communications network

(1) In section 127 of the Communications Act 2003 (improper use of public
electronic communications network), at the end insert—

“(5) An information or complaint relating to an offence under this
section may be tried by a magistrates’ court in England and Wales
or Northern Ireland if it is laid or made—

(a) before the end of the period of 3 years beginning with the
day on which the offence was committed, and

(b) before the end of the period of 6 months beginning with the
day on which evidence comes to the knowledge of the
prosecutor which the prosecutor considers sufficient to
justify proceedings.

(6) Summary proceedings for an offence under this section may be
commenced in Scotland—

(a) before the end of the period of 3 years beginning with the
day on which the offence was committed, and

(b) before the end of the period of 6 months beginning with the
day on which evidence comes to the knowledge of the
prosecutor which the prosecutor considers sufficient to
justify proceedings,

and section 136(3) of the Criminal Procedure (Scotland) Act 1995
(date when proceedings deemed to be commenced) applies for the
purposes of this subsection as it applies for the purposes of that
section.

(7) A certificate of a prosecutor as to the date on which evidence
described in subsection (5)(b) or (6)(b) came to his or her knowledge
is conclusive evidence of that fact.”

(2) The amendment made by this section applies only in relation to an offence
committed on or after the day on which it comes into force.”

125

Page 45, line 35, at end insert “, and

( ) cases specified in Criminal Procedure Rules.”

126

Page 45, line 30, at end insert “, or

( ) it is satisfied that this is a case specified in Criminal
Procedure Rules.”

127

Page 45, line 33, after “unless” insert “this is a case specified in Criminal Procedure
Rules or”

128*

Page 48, line 11, after “claim” insert “which consists of or includes a claim”

129

Page 48, line 26, leave out subsection (5) and insert—

“( ) When assessing costs in the proceedings, a court which dismisses a claim
under this section must deduct the amount recorded in accordance with
subsection (4) from the amount which it would otherwise order the
claimant to pay in respect of costs incurred by the defendant.”

130*

Page 48, line 26, leave out subsection (5) and insert—

“( ) A costs order made by a court which dismisses a claim under this section
may require the claimant to pay costs to the defendant and where the court
makes such an order the quantum of those costs shall first be assessed and
then the assessed amount of damages, recorded in accordance with
subsection (4), shall be deducted from those assessed costs to give the sum
payable by the claimant to the defendant in respect of costs.”

131

Page 49, line 10, at end insert “or is treated as doing so under subsection (3A)”

132

Page 49, line 18, leave out “by a regulated person”

133

Page 49, line 23, leave out “A benefit offered by a regulated person” and insert “An
offer of a benefit”

134

Page 49, line 30, at end insert—

“(3A) If a person other than a regulated person offers a benefit in accordance with
arrangements made by or on behalf of a regulated person—

(a) the regulated person is to be treated as offering the benefit, and

(b) the offer of the benefit is to be treated as satisfying subsection (2)(a)
if the arrangements were intended to encourage people to make
claims or seek advice from a regulated person with a view to
making a claim.”

135

Page 49, line 32, leave out “offered by a regulated person”

136

Page 50, line 9, after second “person” insert “or is treated as having done so under
section 50(3A)”

137

Page 50, line 33, after “The” insert “Chartered”

138

Insert the following new Clause—

“Appeals from the Court of Protection

(1) Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court
of Protection) is amended as follows.

(2) For subsection (2) substitute—

“(2) Court of Protection Rules may provide that, where a decision of the
court is made by a specified description of person, an appeal from
the decision lies to a specified description of judge of the court and
not to the Court of Appeal.”

(3) Omit subsection (3).

(4) In subsection (4)(d), omit “higher”.”

139

Insert the following new Clause—

“Reporting restrictions

Lifetime reporting restrictions in criminal proceedings for witnesses and
victims under 18

(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) After section 45 (power to restrict reporting of criminal proceedings
involving persons under 18) insert—

“45A Power to restrict reporting of criminal proceedings for lifetime of
witnesses and victims under 18

(1) This section applies in relation to—

(a) any criminal proceedings in any court (other than a service
court) in England and Wales, and

(b) any proceedings (whether in the United Kingdom or
elsewhere) in any service court.

(2) The court may make a direction (“a reporting direction”) that no
matter relating to a person mentioned in subsection (3) shall during
that person’s lifetime be included in any publication if it is likely to
lead members of the public to identify that person as being
concerned in the proceedings.

(3) A reporting direction may be made only in respect of a person who
is under the age of 18 when the proceedings commence and who
is—

(a) a witness, other than an accused, in the proceedings;

(b) a person against whom the offence, which is the subject of
the proceedings, is alleged to have been committed.

(4) For the purposes of subsection (2), matters relating to a person in
respect of whom the reporting direction is made include—

(a) the person’s name,

(b) the person’s address,

(c) the identity of any school or other educational
establishment attended by the person,

(d) the identity of any place of work of the person, and

(e) any still or moving picture of the person.

(5) The court may make a reporting direction in respect of a person
only if it is satisfied that—

(a) the quality of any evidence given by the person, or

(b) the level of co-operation given by the person to any party to
the proceedings in connection with that party’s preparation
of its case,

is likely to be diminished by reason of fear or distress on the part of
the person in connection with being identified by members of the
public as a person concerned in the proceedings.

(6) In determining whether subsection (5) is satisfied, the court must in
particular take into account—

(a) the nature and alleged circumstances of the offence to which
the proceedings relate;

(b) the age of the person;

(c) such of the following as appear to the court to be relevant—

(i) the social and cultural background and ethnic
origins of the person,

(ii) the domestic, educational and employment
circumstances of the person, and

(iii) any religious beliefs or political opinions of the
person;

(d) any behaviour towards the person on the part of—

(i) an accused,

(ii) members of the family or associates of an accused, or

(iii) any other person who is likely to be an accused or a
witness in the proceedings.

(7) In determining that question the court must in addition consider
any views expressed—

(a) by the person in respect of whom the reporting restriction
may be made, and

(b) where that person is under the age of 16, by an appropriate
person other than an accused.

(8) In determining whether to make a reporting direction in respect of
a person, the court must have regard to—

(a) the welfare of that person,

(b) whether it would be in the interests of justice to make the
direction, and

(c) the public interest in avoiding the imposition of a
substantial and unreasonable restriction on the reporting of
the proceedings.

(9) A reporting direction may be revoked by the court or an appellate
court.

(10) The court or an appellate court may by direction (“an excepting
direction”) dispense, to any extent specified in the excepting
direction, with the restrictions imposed by a reporting direction.

(11) The court or an appellate court may only make an excepting
direction if—

(a) it is satisfied that it is necessary in the interests of justice to
do so, or

(b) it is satisfied that—

(i) the effect of the reporting direction is to impose a
substantial and unreasonable restriction on the
reporting of the proceedings, and

(ii) it is in the public interest to remove or relax that
restriction.

(12) No excepting direction shall be given under subsection (11)(b) by
reason only of the fact that the proceedings have been determined
in any way or have been abandoned.

(13) In determining whether to make an excepting direction in respect
of a person, the court or the appellate court must have regard to the
welfare of that person.

(14) An excepting direction—

(a) may be given at the time the reporting direction is given or
subsequently, and

(b) may be varied or revoked by the court or an appellate court.

(15) For the purposes of this section—

(a) criminal proceedings in a court other than a service court
commence when proceedings are instituted for the
purposes of Part 1 of the Prosecution of Offences Act 1985,
in accordance with section 15(2) of that Act;

(b) proceedings in a service court commence when the charge
is brought under section 122 of the Armed Forces Act 2006.

(16) In this section—

(a) “appellate court”, in relation to any proceedings in a court,
means a court dealing with an appeal (including an appeal
by way of case stated) arising out of the proceedings or with
any further appeal;

(b) “appropriate person” has the same meaning as in section 50;

(c) references to the quality of evidence given by a person are
to its quality in terms of completeness, coherence and
accuracy (and for this purpose “coherence” refers to a
person’s ability in giving evidence to give answers which
address the questions put to the person and can be
understood both individually and collectively);

(d) references to the preparation of the case of a party to any
proceedings include, where the party is the prosecution, the
carrying out of investigations into any offence at any time
charged in the proceedings.”

(3) In section 49 (offences under Chapter 4)—

(a) after subsection (1) insert—

“(1A) This section also applies—

(a) in England and Wales, Scotland and Northern
Ireland, if a publication includes any matter in
contravention of a direction under section 45A(2)
made by a service court;

(b) in England and Wales, if a publication includes any
matter in contravention of a direction under section
45A(2) made by a court other than a service court.”,
and

(b) at the end insert—

“(7) Schedule 2A makes special provision in connection with the
operation of this section, so far as it relates to a publication
that includes matter in contravention of a direction under
section 45A(2), in relation to persons providing information
society services.”

(4) In section 50 (defences)—

(a) after subsection (6) insert—

“(6A) Where—

(a) a person is charged with an offence under section 49,
and

(b) the offence relates to the inclusion of any matter in a
publication in contravention of a direction under
section 45A(2),

it shall be a defence, unless subsection (6B) or (8) applies, to
prove that the person in relation to whom the direction was
given had given written consent to the inclusion of that
matter in the publication.

(6B) Written consent is not a defence by virtue of subsection (6A)
if the person was under the age of 18 at the time the consent
was given.”, and

(b) in subsection (8), after “defence” insert “by virtue of subsections (5)
to (7)”.”

140

Insert the following new Clause—

“Reporting restrictions in proceedings other than criminal proceedings

(1) Section 39 of the Children and Young Persons Act 1933 (power to prohibit
publication of certain matter in newspapers) is amended as follows.

(2) In subsection (1)—

(a) after “any proceedings” insert “, other than criminal proceedings,”,
and

(b) after “direct that” insert “the following may not be included in a
publication”.

(3) In subsection (1)(a)—

(a) omit “no newspaper report of the proceedings shall reveal”, and

(b) omit “, or include any particulars calculated to lead to the
identification,”.

(4) In subsection (1), after paragraph (a) insert—

“(aa) any particulars calculated to lead to the identification of a
child or young person so concerned in the proceedings;”.

(5) In subsection (1)(b)—

(a) for “no picture shall be published in any newspaper as being or
including” substitute “a picture that is or includes”, and

(b) omit “as aforesaid”.

(6) In subsection (2), for “publishes any matter” substitute “includes matter in
a publication”.

(7) After subsection (2) insert—

“(3) In this section—

“publication” includes any speech, writing, relevant
programme or other communication in whatever form,
which is addressed to the public at large or any section of
the public (and for this purpose every relevant programme
shall be taken to be so addressed), but does not include a
document prepared for use in particular legal proceedings;

“relevant programme” means a programme included in a
programme service within the meaning of the Broadcasting
Act 1990.”

(8) In the heading of that section, omit “in newspapers”.

(9) After that section insert—

“39A Prohibition on publication of certain matters: providers of
information society services

Schedule 1A makes special provision in connection with the
operation of section 39 in relation to persons providing information
society services.”

(10) In section 57(3) of the Children and Young Persons Act 1963 (extending
section 39 of the Children and Young Persons Act 1933 to Scotland) after
paragraph (a) (but before “and”) insert—

“(aa) as it extends to Scotland, the said section 39 has effect as if
the references to a publication were references to a
newspaper;”.

(11) In consequence of the amendment made by subsection (2)(a), omit
paragraph 2 of Schedule 2 to the Youth Justice and Criminal Evidence Act
1999.

(12) Subsection (2)(a) does not affect the operation of section 39 of the Children
and Young Persons Act 1933 in relation to criminal proceedings instituted
before the day on which it comes into force.

(13) For the purposes of subsection (12)—

(a) proceedings other than proceedings on appeal are instituted when
proceedings are instituted for the purposes of Part 1 of the
Prosecution of Offences Act 1985, in accordance with section 15(2)
of that Act;

(b) proceedings on appeal are instituted when the notice of appeal is
given or the reference under section 9 or 11 of the Criminal Appeal
Act 1995 is made.”

141

Insert the following new Clause—

“Reporting restrictions: information society services

Schedule (Reporting restrictions: providers of information society services)
makes special provision in connection with the operation of the following
in relation to persons providing information society services—

(a) section 39 of the Children and Young Persons Act 1933;

(b) section 49 of the Youth Justice and Criminal Evidence Act 1999 as it
applies to a publication that includes matter in contravention of a
direction under section 45A(2) of that Act.”

142

Insert the following new Clause—

“Representations to Parliament by the President of the Supreme Court

(1) Section 5 of the Constitutional Reform Act 2005 (representations to
Parliament) is amended as follows.

(2) At the beginning insert—

“(A1) The President of the Supreme Court may lay before Parliament
written representations on matters that appear to the President to
be matters of importance relating to the Supreme Court or to the
jurisdiction it exercises.”

(3) In subsections (2) and (3), for “those matters” substitute “the matters
mentioned in subsections (A1) and (1)”.”

143

Insert the following new Clause—

“The supplementary panel of the Supreme Court

In section 39(4) of the Constitutional Reform Act 2005 (circumstances in
which a judge of the Supreme Court becomes a member of the
supplementary panel), after “while he holds such office” insert “or within
2 years of ceasing to hold such office”.”

144*

Insert the following new Clause—

“Giving evidence at remote sites

In the Youth Justice and Criminal Evidence Act 1999, after section 30 (aids
to communcation) insert—

“30A Giving evidence at remote sites

(1) A special measures direction may provide for persons eligible for
assistance under section 16 (witness eligible for assistance on
grounds of age or incapacity) to give evidence at a remote site.

(2) For the purposes of this section, any facility may be designated as a
remote site where the court is satisfied that all of the following
criteria have been met—

(a) the facility must be suitable for hearing evidence;

(b) the facility must be absent from the court building;

(c) the location of the facility must be appropriate to meet the
needs and promote the welfare of the witness; and

(d) the arrangement must not prevent the witness from being
able to see, and to be seen by—

(i) the judge or justices (or both) and the jury (if there is
one);

(ii) legal representatives acting in the proceedings; and

(iii) any interpreter or other person appointed (in
pursuance of the direction or otherwise) to assist the
witness.””

145*

Insert the following new Clause—

“Persons under 11 years of age to give evidence through intermediaries

In the Youth Justice and Criminal Evidence Act 1999, after section 29
(examination of witnesses through intermediary) insert—

“29A Persons under 11 years of age to give evidence through
intermediaries

(1) Where a victim or witness under 11 years of age is required to
testify in court proceedings the court must, through a special
measures direction, provide for any examination of the witness to
be conducted through an intermediary as defined under section 29.

(2) A person must not act as an intermediary under subsection (1)
except after—

(a) undertaking screening to be provided by the Disclosure and
Barring Service;

(b) making a declaration, in such form as may be prescribed by
the rules of court, that he will faithfully perform his function
as an intermediary; and

(c) providing evidence to the court of relevant accredited
training, qualifications and experience.””

146

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

147

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

148

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

149

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

150

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

151

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

152

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

153

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

154

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

155*

Leave out Clause 70

156*

Page 69, line 5, leave out from “specified” to end of line 6 and insert “by the
Secretary of State in regulations”

157

Page 69, line 6, after “paragraph” insert “, or, notwithstanding a failure to do so, the
court in its discretion considers that it is nevertheless appropriate to grant the
applicant leave to make the application for judicial review”

158

Page 69, line 28, after “paragraph” insert “, or, notwithstanding a failure to do so,
the tribunal in its discretion considers that it is nevertheless appropriate to grant
the applicant permission or leave to apply for relief”

159*

Leave out Clause 71

160

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

161

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

162

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

163*

Leave out Clause 72

164

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.”

165*

Leave out Clause 73

166

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

167

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

168

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

169*

Leave out Clause 74

170

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

171

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

172

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

173*

Page 72, line 44, leave out subsections (3) to (5)

174*

Leave out Clause 75

175

Insert the following new Schedule—

“REPORTING RESTRICTIONS: PROVIDERS OF INFORMATION SOCIETY SERVICES

Children and Young Persons Act 1933 (c. 12)

1 After Schedule 1 to the Children and Young Persons Act 1933 insert—

“SCHEDULE 1A

PROHIBITION ON PUBLICATION OF CERTAIN MATTERS: PROVIDERS OF
INFORMATION SOCIETY SERVICES

Domestic service providers: extension of liability

1 (1) This paragraph applies where a service provider is established
in England and Wales (a “domestic service provider”).

(2) Section 39 applies to a domestic service provider who—

(a) includes matter in a publication in an EEA state other
than the United Kingdom, and

(b) does so in the course of providing information society
services,

as well as to a person who includes matter in a publication in
England and Wales.

(3) In the case of an offence under section 39, as it applies to a
domestic service provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place
in England and Wales, and

(b) the offence may for all incidental purposes be treated
as having been committed at any such place.

(4) Nothing in this paragraph affects the operation of paragraphs
3 to 5.

Non-UK service providers: restriction on institution of proceedings

2 (1) This paragraph applies where a service provider is established
in an EEA state other than the United Kingdom (a “non-UK
service provider”).

(2) Proceedings for an offence under section 39 may not be
instituted against a non-UK service provider in respect of
anything done in the course of the provision of information
society services unless the derogation condition is satisfied.

(3) The derogation condition is satisfied where the institution of
proceedings—

(a) is necessary for the purposes of the public interest
objective,

(b) relates to an information society service that prejudices
that objective or presents a serious and grave risk of
prejudice to that objective, and

(c) is proportionate to that objective.

(4) “The public interest objective” means the pursuit of public
policy.

Exceptions for mere conduits

3 (1) A service provider is not capable of being guilty of an offence
under section 39 in respect of anything done in the course of
providing so much of an information society service as
consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of
information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the
transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network,
and

(b) the transmission of information in a communication
network,

includes the automatic, intermediate and transient storage of
the information transmitted so far as the storage is solely for
the purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored
for longer than is reasonably necessary for the transmission.

Exception for caching

4 (1) This paragraph applies where an information society service
consists in the transmission in a communication network of
information provided by a recipient of the service.

(2) The service provider is not capable of being guilty of an
offence under section 39 in respect of the automatic,
intermediate and temporary storage of information so
provided, if—

(a) the storage of the information is solely for the purpose
of making more efficient the onward transmission of
the information to other recipients of the service at
their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access
to the information, and

(c) where sub-paragraph (4) applies, expeditiously
removes the information or disables access to it.

(4) This sub-paragraph applies if the service provider obtains
actual knowledge that—

(a) the information at the initial source of the transmission
has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the
removal from the network of, or the disablement of
access to, the information.

Exception for hosting

5 (1) A service provider is not capable of being guilty of an offence
under section 39 in respect of anything done in the course of
providing so much of an information society service as
consists in the storage of information provided by a recipient
of the service if sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the service provider had no
actual knowledge when the information was provided that it
consisted of or included matter whose inclusion in a
publication is prohibited by a direction under section 39.

(3) This sub-paragraph is satisfied if, on obtaining such
knowledge, the service provider expeditiously removed the
information or disabled access to it.

(4) Sub-paragraph (1) does not apply if the recipient of the service
is acting under the authority or control of the service provider.

Interpretation

6 (1) This paragraph applies for the purposes of this Schedule.

(2) “Publication” has the meaning given in section 39.

(3) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-
Commerce Directive (which refers to Article 1(2) of
Directive 98/34/EC of the European Parliament and of
the Council of 22 June 1998 laying down a procedure
for the provision of information in the field of technical
standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce
Directive as covering “any service normally provided
for remuneration, at a distance, by means of electronic
equipment for the processing (including digital
compression) and storage of data, and at the individual
request of a recipient of a service”,

(4) “Recipient”, in relation to a service, means a person who, for
professional ends or otherwise, uses an information society
service, in particular for the purposes of seeking information
or making it accessible.

(5) “Service provider” means a person providing an information
society service.

(6) For the purpose of interpreting references in this Schedule to a
service provider who is established in England and Wales or
an EEA state—

(a) a service provider is established in England and Wales
or in a particular EEA state, if the service provider—

(i) effectively pursues an economic activity using
a fixed establishment in England and Wales or
that EEA state, for an indefinite period, and

(ii) is a national of an EEA state or a company or
firm mentioned in Article 54 of the Treaty on
the Functioning of the European Union;

(b) the presence or use in a particular place of equipment
or other technical means of providing an information
society service does not, of itself, constitute the
establishment of a service provider;

(c) where it cannot be determined from which of a number
of establishments a given information society service is
provided, that service is to be regarded as provided
from the establishment at the centre of the service
provider‘s activities relating to that service.”

Youth Justice and Criminal Evidence Act 1999 (c. 23)

2 After Schedule 2 to the Youth Justice and Criminal Evidence Act 1999
insert—

“SCHEDULE 2A

RESTRICTION OF REPORTING OF CRIMINAL PROCEEDINGS FOR LIFETIME OF
WITNESSES AND VICTIMS UNDER 18: PROVIDERS OF INFORMATION SOCIETY
SERVICES

Domestic service providers: extension of liability

1 (1) This paragraph applies where a service provider is established
in England and Wales, Scotland or Northern Ireland (a
“domestic service provider”).

(2) Section 49, so far as it relates to a publication falling within
subsection (1A)(a) of that section, applies to a domestic service
provider who—

(a) includes matter in a publication in an EEA state other
than the United Kingdom, and

(b) does so in the course of providing information society
services,

as well as to a person who includes matter in a publication in
England and Wales, Scotland or Northern Ireland.

(3) In the case of an offence under section 49, as it applies to a
domestic service provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place
in England and Wales, Scotland or Northern Ireland,
and

(b) the offence may for all incidental purposes be treated
as having been committed at any such place.

(4) Section 49, so far as it relates to a publication falling within
subsection (1A)(b) of that section, applies to a domestic service
provider established in England and Wales who—

(a) includes matter in a publication in an EEA state other
than the United Kingdom, and

(b) does so in the course of providing information society
services,

as well as to a person who includes matter in a publication in
England and Wales.

(5) In the case of an offence under section 49, as it applies to a
domestic service provider established in England and Wales
by virtue of sub-paragraph (4)—

(a) proceedings for the offence may be taken at any place
in England and Wales, and

(b) the offence may for all incidental purposes be treated
as having been committed at any such place.

(6) Nothing in this paragraph affects the operation of paragraphs
3 to 5.

Non-UK service providers: restriction on institution of proceedings

2 (1) This paragraph applies where a service provider is established
in an EEA state other than the United Kingdom (a “non-UK
service provider”).

(2) Proceedings for an offence under section 49, so far as it relates
to a publication that includes matter in contravention of a
direction under section 45A(2), may not be instituted against a
non-UK service provider in respect of anything done in the
course of the provision of information society services unless
the derogation condition is satisfied.

(3) The derogation condition is satisfied where the institution of
proceedings—

(a) is necessary for the purposes of the public interest
objective,

(b) relates to an information society service that prejudices
that objective or presents a serious and grave risk of
prejudice to that objective, and

(c) is proportionate to that objective.

(4) “The public interest objective” means the pursuit of public
policy.

Exceptions for mere conduits

3 (1) A service provider is not capable of being guilty of an offence
under section 49, so far as it relates to a publication that
includes matter in contravention of a direction under section
45A(2), in respect of anything done in the course of providing
so much of an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of
information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the
transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network,
and

(b) the transmission of information in a communication
network,

includes the automatic, intermediate and transient storage of
the information transmitted so far as the storage is solely for
the purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored
for longer than is reasonably necessary for the transmission.

Exception for caching

4 (1) This paragraph applies where an information society service
consists in the transmission in a communication network of
information provided by a recipient of the service.

(2) The service provider is not capable of being guilty of an
offence under section 49, so far as it relates to a publication that
includes matter in contravention of a direction under section
45A(2), in respect of the automatic, intermediate and
temporary storage of information so provided, if—

(a) the storage of the information is solely for the purpose
of making more efficient the onward transmission of
the information to other recipients of the service at
their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access
to the information, and

(c) where sub-paragraph (4) applies, expeditiously
removes the information or disables access to it.

(4) This sub-paragraph applies if the service provider obtains
actual knowledge that—

(a) the information at the initial source of the transmission
has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the
removal from the network of, or the disablement of
access to, the information.

Exception for hosting

5 (1) A service provider is not capable of being guilty of an offence
under section 49, so far as it relates to a publication that
includes matter in contravention of a direction under section
45A(2), in respect of anything done in the course of providing
so much of an information society service as consists in the
storage of information provided by a recipient of the service if
sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the service provider had no
actual knowledge when the information was provided that it
consisted of or included matter whose inclusion in a
publication is prohibited by a direction under section 45A(2).

(3) This sub-paragraph is satisfied if, on obtaining such
knowledge, the service provider expeditiously removed the
information or disabled access to it.

(4) Sub-paragraph (1) does not apply if the recipient of the service
is acting under the authority or control of the service provider.

Interpretation

6 (1) This paragraph applies for the purposes of this Schedule.

(2) “Publication” has the meaning given in section 45A.

(3) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-
Commerce Directive (which refers to Article 1(2) of
Directive 98/34/EC of the European Parliament and of
the Council of 22 June 1998 laying down a procedure
for the provision of information in the field of technical
standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce
Directive as covering “any service normally provided
for remuneration, at a distance, by means of electronic
equipment for the processing (including digital
compression) and storage of data, and at the individual
request of a recipient of a service”,

and “the E-Commerce Directive” means Directive 2000/31/
EC of the European Parliament and of the Council of 8 June
2000 on certain legal aspects of information society services, in
particular electronic commerce, in the Internal Market
(Directive on electronic commerce).

(4) “Recipient”, in relation to a service, means a person who, for
professional ends or otherwise, uses an information society
service, in particular for the purposes of seeking information
or making it accessible.

(5) “Service provider” means a person providing an information
society service.

(6) For the purpose of interpreting references in this Schedule to a
service provider who is established in England and Wales,
Scotland, Northern Ireland or an EEA state—

(a) a service provider is established in England and Wales,
Scotland, Northern Ireland or in a particular EEA state,
if the service provider—

(i) effectively pursues an economic activity using
a fixed establishment in England and Wales,
Scotland, Northern Ireland or that EEA state,
for an indefinite period, and

(ii) is a national of an EEA state or a company or
firm mentioned in Article 54 of the Treaty on
the Functioning of the European Union;

(b) the presence or use in a particular place of equipment
or other technical means of providing an information
society service does not, of itself, constitute the
establishment of a service provider;

(c) where it cannot be determined from which of a number
of establishments a given information society service is
provided, that service is to be regarded as provided
from the establishment at the centre of the service
provider‘s activities relating to that service.””

176

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.”

177

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).”

178

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

179

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

180

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”

181

Page 75, line 13, leave out “This Part comes” and insert “Section (Appeals from the
Court of Protection) and this Part come”

182

Page 75, line 13, at end insert—

“( ) Paragraphs 23 to 25 of Schedule (Mutual recognition of driving disqualification
in UK and Republic of Ireland), and section (Mutual recognition of driving
disqualification in UK and Republic of Ireland)(6)(b) so far as it relates to those
paragraphs, come into force on the day on which this Act is passed.”

183

Page 75, line 23, leave out “and (3)” and insert “to (3A)”

184

Page 75, line 29, at end insert—

“(3A) Section (Reporting restrictions in proceedings other than criminal proceedings)(9)
and paragraph 1 of Schedule (Reporting restrictions: providers of information
society services) extend to England and Wales only.”

185

Page 75, line 34, leave out “25” and insert “24”

186

Page 75, line 34, at end insert—

“( ) sections (Disclosing private sexual photographs or films with intent to
cause distress) to (Meaning of “private” and “sexual”);”

187

Page 75, line 37, at end insert—

“( ) Schedule (Disclosing private sexual photographs or films: providers of
information society services);”

188

Line 5, after “drivers;” insert “to create an offence of disclosing private sexual
photographs or films with intent to cause distress;”

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Criminal Justice and Courts Bill

Clause 3

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

Schedule 1

LORD FAULKS

Clause 7

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

BARONESS HARRIS OF RICHMOND

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

Before Clause 8

LORD FAULKS

Clause 8

LORD FAULKS

Clause 9

LORD FAULKS

Clause 10

LORD LLOYD OF BERWICK

LORD BROWN OF EATON-UNDER-HEYWOOD

LORD WIGLEY

Clause 14

LORD FAULKS

After Clause 16

LORD BEECHAM

LORD KENNEDY OF SOUTHWARK

Clause 19

BARONESS MEACHER

BARONESS FINLAY OF LLANDAFF

Before Schedule 3

LORD FAULKS

Clause 20

BARONESS MEACHER

BARONESS FINLAY OF LLANDAFF

Clause 21

LORD FAULKS

Before Clause 25

LORD BEECHAM

BARONESS SMITH OF BASILDON

Clause 25

LORD FAULKS

THE EARL OF LYTTON

LORD FAULKS

Clause 27

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

BARONESS HARRIS OF RICHMOND

BARONESS BROWNING

BARONESS BERRIDGE

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

BARONESS HARRIS OF RICHMOND

BARONESS BROWNING

BARONESS BERRIDGE

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

BARONESS HARRIS OF RICHMOND

BARONESS BROWNING

BARONESS BERRIDGE

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

BARONESS HARRIS OF RICHMOND

BARONESS BROWNING

BARONESS BERRIDGE

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE

LORD CARLILE OF BERRIEW

BARONESS HARRIS OF RICHMOND

BARONESS BROWNING

BARONESS BERRIDGE

LORD MARKS OF HENLEY-ON-THAMES

BARONESS LINKLATER OF BUTTERSTONE