Session 2014-15
Other Public Bills before Parliament
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Criminal Justice and Courts Bill
to be moved
on report
[Supplementary to the Marshalled List]
Before Clause 8
LORD BEECHAM
LORD KENNEDY OF SOUTHWARK
Insert the following new Clause—
(1) Section 239A of the Criminal Justice Act 2003 (recall adjudicators) shall be
suspended at the end of a two year period following the date that it comes
into force, subject to subsections (2) to (4).
(2) The Secretary of State shall review the impact of the provisions of section
239A within 18 months from the date that section 239A comes into force,
and shall lay a report before each House of Parliament.
(3) Following the publication of a report under subsection (2), the Secretary of
State may by regulations made by statutory instrument provide for the
continuance of section 239A.
(4) A statutory instrument containing regulations 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.”
Clause 19
BARONESS MEACHER
BARONESS FINLAY OF LLANDAFF
[In substitution for Amendment 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 gross 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 gross breach, the ill-treatment or wilful neglect
would not have occurred or would have been less likely to occur.”
Clause 27
BARONESS BROWNING
BARONESS BERRIDGE
Page 25, leave out line 26 and insert—
“(a) a person is convicted of an offence under subsection (1) by a court
in England and Wales,
(aa) the offence was”
After Clause 31
LORD MARKS OF HENLEY-ON-THAMES
Insert the following new Clause—
In the Computer Misuse Act 1990, after section 1(2) insert—
“(2A) Subsection (1) does not apply to a person who shows—
(a) that the conduct which would otherwise be an offence
under subsection (1)—
(i) was necessary for the purpose of preventing or
detecting crime, or
(ii) was required or authorised by or under any
enactment, by any rule of law or by the order of a
court;
(b) that he acted in the reasonable belief that he had in law the
right to carry out that conduct;
(c) that he acted in the reasonable belief that he had relevant
authority;
(d) that he acted in the reasonable belief that in the particular
circumstances the conduct was justified as being in the
public interest; or
(e) that in the particular circumstances the conduct was
justified as being in the public interest.””
Insert the following new Clause—
In the Bribery Act 2010, after section 1(5) insert—
“(5A) Subsection (1) does not apply to a person who shows—
(a) that the conduct which would otherwise be an offence
under subsection (1)—
(i) was necessary for the purpose of preventing or
detecting crime, or
(ii) was required or authorised by or under any
enactment, by any rule of law or by the order of a
court;
(b) that he acted in the reasonable belief that he had in law the
right to carry out that conduct;
(c) that he acted in the reasonable belief that he had relevant
authority;
(d) that he acted in the reasonable belief that in the particular
circumstances the conduct was justified as being in the
public interest; or
(e) that in the particular circumstances the conduct was
justified as being in the public interest.””
Insert the following new Clause—
In section 55(2) of the Data Protection Act 1998 (defences against offence of
unlawfully obtaining etc. personal data) after “it,” at the end of paragraph
(c) insert—
“(ca) that he acted—
(i) for the special purposes,
(ii) with a view to the publication by any person of any
journalistic, literary or artistic material, and
(iii) in the reasonable belief that in the particular
circumstances the obtaining, disclosing or procuring
was justified as being in the public interest,”.”
Insert the following new Clause—
(1) Section 60 of the Data Protection Act 1998 (prosecutions and penalties) is
amended as follows.
(2) Section 60 of the Data Protection Act 1998 (prosecutions and penalties) is
amended as follows.
(3) In subsection 2, after “54A” insert “, 55”.
(4) After subsection 2 insert—
“(2A) A person who is guilty of an offence under section 55 is liable—
(a) on summary conviction, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum or to both,
(b) on conviction on indictment, to imprisonment for a term not
exceeding the two years or to a fine or to both.””
After Clause 35
THE EARL OF LISTOWEL
LORD CARLILE OF BERRIEW
Insert the following new Clause—
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
persons 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.
(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) 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.
(6) A reporting direction may be revoked by the court or an appellate
court.
(7) 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.
(8) 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.
(9) No excepting direction shall be given under subsection (8)(b) by
reason only of the fact that the proceedings have been determined
in any way or have been abandoned.
(10) 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.
(11) 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.
(12) 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.
(13) In this section “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.
(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)”.”
After Clause 38
THE EARL OF LISTOWEL
Insert the following new Clause—
In section 37(15) of the Police and Criminal Evidence Act 1984 (duties of
custody officer before charge), for “17” substitute “18”.”
Clause 81
LORD MARKS OF HENLEY-ON-THAMES
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”