Criminal Justice and Courts Bill

Page 30, line 42, at end insert—

Page 31, line 2, at end insert—

Page 31, line 2, at end insert—

Page 32, line 14, at end insert—

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”

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—

(4)     After that subsection insert—

(5)     After subsection (5) insert—

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—

(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—

(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—

(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—

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—

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

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—

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—

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

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

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

(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—

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—

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—

(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))—

21     After Schedule 3A insert—

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),

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.”

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”,

(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.”

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

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”.”

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

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—

Insert the following new Clause—

“Persons not to be detained at secure college

(1)     The Secretary of State shall ensure that any secure colleges provided
pursuant to section 43 of the Prison Act 1952 (places for the detention of
young offenders etc), whether directly managed or contracted-out (as
defined in Schedule 6)—

(a)   are not used for the detention of girls and young women at the same
college as boys or young male offenders;

(b)   are not used for the detention of persons under the age of 15.”

Insert the following new Clause—

“Secure colleges: welfare of detained persons

(1)     The Secretary of State shall, when providing any secure college pursuant to
section 43 of the Prison Act 1952 (places for the detention of young
offenders etc), whether directly managed or contracted-out (as defined in
Schedule 6), have as his primary consideration the welfare of the persons
detained there in decisions affecting them.

(2)     The Secretary of State, in providing any secure colleges pursuant to section
43 of the Prison Act 1952, whether directly managed or contracted-out (as
defined in Schedule 6), shall act with a view to achieving the following
aims—

(a)   ensuring that a safe and secure environment is provided for young
offenders in detention;

(b)   ensuring that young offenders are detained at an institution that is
sufficiently small to enable each offender to feel safe and secure and
to have appropriate individual attention from staff;

(c)   ensuring that young offenders are detained within a reasonable
distance of their homes and families, given their right to respect for
their private and family lives;

(d)   ensuring that young offenders are detained at premises where their
families are able to visit them and to stay overnight at or in the
vicinity of such premises where necessary without undue
inconvenience or expense;

(e)   meeting the need for young offenders to be provided with
continuity of supervision during their detention and upon their
release;

(f)   fulfilling the aim of improving the educational attainment of young
offenders;

(g)   fulfilling the aim of fostering in young offenders the skills,
motivation and self-confidence necessary to help them lead law-
abiding lives in the community and to reduce their risk of
reoffending;

(h)   providing courses at secure colleges which will meet—

(i)   the need for courses to be suitable for all young offenders in
a secure college;

(ii)   the need for courses to be convenient for young offenders
sentenced and due to be released at different times;

(iii)   the need for courses which are suitable for young offenders
sentenced to varying periods of detention;

(i)   ensuring the availability of appropriate facilities for both indoor
and outdoor recreation;

(j)   ensuring the availability of adequate staff with appropriate training
and suitable services to safeguard the health and wellbeing of those
detained there;

(k)   ensuring adequate mental and physical health care facilities for
young offenders;

(l)   meeting the need to provide suitable facilities for young offenders
with special educational needs; and

(m)   meeting the need to provide appropriate care for young offenders
with problems arising from drug or alcohol abuse.

(3)     Before providing any secure college pursuant to section 43 of the Prison Act
1952, whether directly managed or contracted-out (as defined in Schedule
6), the Secretary of State shall consult the Youth Justice Board as to how
each of the aims set out in subsection (2) may be realised.”

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.”

Page 95, line 18, at end insert—

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

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.

Page 96, line 9, at end insert—

“Provisions concerning the use of force in secure colleges

  (1)     Secure college rules may authorise the use of force against any person
detained at a secure college in order to ensure that a safe and secure
environment is provided at the college for those detained there,
provided that the following conditions are met.

(2)     The first condition is that the force is authorised only for the purposes
of—

(a)   preventing injury to the young person;

(b)   preventing injury to others;

(c)   preventing serious damage to property;

(d)   maintaining a safe and stable environment.

(3)     The second condition is that the force authorised must be used as a last
resort only to achieve the relevant purpose specified in sub-
paragraph (2).

(4)     The third condition is that the force authorised must be the minimum
necessary to achieve the relevant purpose specified in sub-paragraph (2).

(5)     The fourth condition is that the force authorised must be for the
minimum duration necessary to achieve the relevant purpose specified
in sub-paragraph (2).

(6)     The fifth condition is that the force authorised is limited to techniques
forming part of an approved system of restraint.

(7)     The sixth condition, which applies where force is used for the purpose of
maintaining a safe and stable environment, is that the young person is
posing a risk to their own safety or welfare or the safety or welfare of
another young person.

(8)     The seventh condition, which applies where force is used for the purpose
of maintaining a safe and stable environment, is that physical restraint
techniques that are pain inducing must not be used for this purpose.

(9)     Secure college rules must provide that all individuals authorised to use
force against any person detained at a secure college or any such person
as is mentioned in paragraph 11 of this Schedule, whether at a directly
managed secure college or a contracted-out secure college as defined in
this Schedule, have received appropriate training in the use of force and
in minimum restraint techniques.”

Page 97, line 28, leave out paragraph 10

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.”

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—

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).”

Insert the following new Clause—

“Lifetime reporting restrictions in criminal proceedings involving children
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—

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

(a)   after subsection (1) insert—

(b)   at the end insert—

(4)     In section 50 (defences)—

(a)   after subsection (6) insert—

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

Insert the following new Clause—

“Anonymity of children prior to charge

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

(2)     In section 44 (restrictions on reporting alleged offences involving persons
under 18), in subsection (2), after “publication” insert “, sound or television
broadcast, or public communications network”.

(3)     In section 44, after subsection (5)(b) insert “or

(4)     In section 68 (short title, commencement and extent)—

(a)   in subsection (3) after “(4) insert “and (4A)”;

(b)   after subsection (4) insert—

Insert the following new Clause—

“Duties of custody officer before charge

In section 37(15) of the Police and Criminal Evidence Act 1984 (duties of
custody officer before charge), for “17” substitute “18”.”

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.”

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—

(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.”

Page 43, line 31, leave out “order” and insert “consider ordering”

Page 43, line 33, after “costs,” insert “if it considers it just to do so, having regard to
the circumstances of the offender and of the offence or, if applicable, of any failure
to comply with the requirements of a court order (or both)”

Page 43, line 35, at end insert “, and

Page 44, line 15, leave out “must” and insert “may”

Page 44, line 28, leave out “must” and insert “may”

Page 44, line 39, leave out “must” and insert “may”

Page 44, line 47, leave out “of” and insert “no greater than”

Page 45, line 24, after “21A” insert “or any interest thereon”

Page 45, line 30, at end insert “, or

Page 45, leave out lines 33 to 39

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

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

Page 48, line 16, leave out “on the balance of probabilities” and insert “beyond
reasonable doubt”

Page 48, line 19, leave out subsection (2) and insert—

“( )     Unless it is satisfied that the claimant would suffer substantial injustice if
the claim were dismissed, the court—

(a)   must, where the amount of damages recorded under subsection (4)
is less than £25,000, dismiss the primary claim, and

(b)   in any other case, may—

(i)   dismiss the primary claim, or

(ii)   reduce the award of damages to the claimant to such extent
as the court deems just, having regard to all the
circumstances of the case, including the extent and nature of
the claimant’s fundamental dishonesty in relation to the
claim.”

Page 48, line 21, leave out “duty” and insert “power”

Page 48, line 21, leave out “dismissal of” and insert “the power to dismiss or
reduce”

Page 48, line 25, after “dismissal” insert “or reduction”

Page 48, line 26, leave out subsection (5)

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.”

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.”

Page 48, line 30, after “dismissed” insert “or a claimant’s damages are reduced”

Page 48, line 36, at end insert “or the reduction in the claimant’s damages”

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

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

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

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.”

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

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

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

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—

(3)     Omit subsection (3).

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

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—

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

(a)   after subsection (1) insert—

(b)   at the end insert—

(4)     In section 50 (defences)—

(a)   after subsection (6) insert—

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

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—

(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—

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

(9)     After that section insert—

(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—

(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.”

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.”

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—

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

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”.”

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—

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—

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

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

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

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

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

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

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

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

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

Leave out Clause 70

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

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”

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”

Leave out Clause 71

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

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

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

Leave out Clause 72

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.”

Leave out Clause 73

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

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

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

Leave out Clause 74

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

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

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

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

Leave out Clause 75

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—

Youth Justice and Criminal Evidence Act 1999 (c. 23)

2           After Schedule 2 to the Youth Justice and Criminal Evidence Act 1999
insert—

Insert the following new Clause—

“Legal aid for judicial review

(1)     The Lord Chancellor may not use the powers in section 2 or 9 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 to impose further
eligibility criteria for receipt of legal aid, or further to restrict the scope of
legal aid, for judicial review proceedings (including applications for
permission to apply for judicial review).

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

Insert the following new Clause—

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

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

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

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

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”

Page 75, line 13, leave out “This Part comes” and insert “Section (Appeals from the
Court of Protection) and this Part come”

Page 75, line 13, after “Part” leave out “comes” and insert “and sections (Sentences
for certain data protection offences) and (New defence for purposes of journalism and other
special purposes) come”

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.”

Page 75, line 23, leave out “and (3)” and insert “to (3A)”

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.”

Page 75, line 34, leave out “25” and insert “24”

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”);”

Page 75, line 37, at end insert—

“( )   Schedule (Disclosing private sexual photographs or films: providers of
information society services);”

Line 5, after “drivers;” insert “to create an offence of disclosing private sexual
photographs or films with intent to cause distress;”