Criminal Justice and Courts Bill (HL Bill 43)

Part 2 Certification of secure college custody officers

Meaning of “secure college custody officer”

16 In this Schedule, “secure college custody officer” means a person in respect
5of whom a certificate under this Part of this Schedule is for the time being in
force certifying that the person has been approved by the Secretary of State
for the purposes of performing custodial duties at secure colleges.

Issue of certificate

17 (1) The Secretary of State may, on an application by a person, issue a certificate
10in respect of the person if satisfied that the person—

(a) is a fit and proper person to perform custodial duties at secure
colleges, and

(b) has received training to such standard as the Secretary of State
considers appropriate for the performance of those functions.

(2) 15The certificate must state that it is to cease to be in force on a date or on the
occurrence of an event.

(3) Once issued, the certificate continues in force until that date or event, subject
to any previous suspension or revocation under paragraph 18 or 19.

Suspension of certificate

18 (1) 20This paragraph applies where—

(a) in the case of a secure college custody officer performing custodial
duties at a contracted-out secure college, it appears to the monitor of
the college that the officer is not a fit and proper person to perform
such duties at secure colleges, or

(b) 25in the case of a secure college custody officer performing contracted-
out functions at a directly managed secure college, it appears to the
principal of the college that the officer is not a fit and proper person
to perform custodial duties at secure colleges.

(2) The monitor or principal may—

(a) 30refer the matter to the Secretary of State for a decision under
paragraph 19, and

(b) in circumstances prescribed by regulations made by the Secretary of
State, suspend the officer’s certificate pending that decision.

(3) Regulations under this paragraph may—

(a) 35prescribe different circumstances for different cases;

(b) include transitional, transitory or saving provision.

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

(5) A statutory instrument containing regulations under this paragraph is
subject to annulment in pursuance of a resolution of either House of
40Parliament.

Revocation of certificate

19 Where it appears to the Secretary of State that a secure college custody
officer is not a fit and proper person to perform custodial duties at secure
colleges, the Secretary of State may revoke the officer’s certificate.

5Part 3 Contracting out functions at directly managed secure colleges

Power to contract out functions at directly managed secure college

20 (1) The Secretary of State may enter into a contract with another person for
functions to be carried out at a directly managed secure college by secure
10college custody officers provided by that person.

(2) In this Schedule, “contracted-out functions” means any functions which, by
virtue of a contract under this paragraph, fall to be performed by secure
college custody officers.

Powers of officers carrying out contracted-out functions

21 15Paragraphs 6(1) and 8 to 11 apply in relation to a secure college custody
officer carrying out contracted-out functions at a directly managed secure
college as they apply in relation to a secure college custody officer carrying
out functions at a contracted-out secure college.

22 In relation to a directly managed secure college, the reference to an officer of
20the prison in section 13(2) of the Prison Act 1952 (legal custody of prisoners),
as it applies to secure colleges, includes a reference to a secure college
custody officer performing custodial duties at the secure college in
accordance with a contract under paragraph 20.

Obstruction etc of secure college custody officers

23 (1) 25A person who resists or wilfully obstructs a secure college custody officer
performing contracted-out functions at a directly managed secure college
commits an offence.

(2) A person who commits an offence under this paragraph is liable, on
summary conviction, to a fine not exceeding level 3 on the standard scale.

30Assault of secure college custody officers

24 (1) A person who assaults a secure college custody officer performing
contracted-out functions at a directly managed secure college commits an
offence.

(2) A person who commits an offence under this paragraph is liable, on
35summary conviction, to imprisonment for a term not exceeding 51 weeks or
a fine (or both).

(3) In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to
51 weeks is to be read as a reference to 6 months.

(4) 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 sub-paragraph (2) to a fine is to be read as a reference to a fine
not exceeding level 5 on the standard scale.

5Wrongful disclosure of information relating to persons in youth detention accommodation

25 (1) A person who is or has been employed to perform contracted-out functions
at a directly managed secure college commits an offence if the person
discloses any information—

(a) which the person acquired in the course of the employment, and

(b) 10which relates to a particular person detained in youth detention
accommodation.

(2) It is not an offence under this paragraph for a person to disclose
information—

(a) in the course of the person’s duty, or

(b) 15when authorised to do so by the Secretary of State.

(3) A person who commits an offence under this paragraph 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
20months or a fine (or both).

(4) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in sub-paragraph (3)(b) to 12
months is to be read as a reference to 6 months.

(5) In relation to an offence committed before section 85 of the Legal Aid,
25Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine
not exceeding the statutory maximum.

Supplementary

26 The references in paragraphs 20, 21 and 22 to the carrying out of functions
30or the performance of custodial duties at a secure college include references
to the carrying out of functions or the performance of such duties for the
purposes of, or for purposes connected with, a secure college.

Part 4 Definitions

27 35In this Schedule—

• “contracted-out functions” has the meaning given in paragraph 20;

• “contracted-out secure college” has the meaning given in paragraph 1;

• “the contractor”, in relation to a contracted-out secure college, has the
  meaning given in paragraph 1;

• 40“directly managed secure college” means a secure college which is not
  a contracted-out secure college;

• “secure college custody officer” has the meaning given in paragraph 16;

Criminal Justice and Courts BillPage 103

• “secure college rules” means rules made under section 47 of the Prison
  Act 1952 for the regulation and management of secure colleges;

• “sub-contractor”, in relation to a contracted-out secure college, has the
  meaning given in paragraph 1.

5Part 5 Further amendments

Firearms Act 1968 (c. 27)1968 (c. 27)

28 (1) Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that
Act applies) is amended as follows.

(2) 10After paragraph 6 insert—

“6A An offence under paragraph 14 or 24 of Schedule 6 to the Criminal
Justice and Courts Act 2014 (assaulting secure college custody
officer).”

(3) In paragraph 8, for “6” substitute “6A”.

15Criminal Justice Act 1988 (c. 33)1988 (c. 33)

29 In section 40(3) of the Criminal Justice Act 1988 (powers to join in indictment
count for certain offences), after paragraph (ab) insert—

“(ac) an offence under paragraph 14 or 24 of Schedule 6 to the
Criminal Justice and Courts Act 2014 (assaulting secure
20college custody officer);”.

Private Security Industry Act 2001 (c. 12)2001 (c. 12)

30 In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001
(manned guarding activities not liable to control), after paragraph (c)
insert—

“(cza) 25activities that are carried out for the purposes of the
performance of a contract entered into under, or for the
purposes of, paragraph 1 of Schedule 6 to the Criminal
Justice and Courts Act 2014 (contracting out of secure
colleges) or paragraph 20 of that Schedule (contracted-out
30functions at directly managed secure colleges);”.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

31 The Children Act 2004 is amended as follows.

32 In section 15(3) (funding of Local Safeguarding Children Boards)—

(a) in paragraph (c), after “principal of a” insert “directly managed”, and

(b) 35in paragraph (d), after “or prison” insert “or the principal of a
contracted-out secure college”.

33 In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—

(a) in paragraph (c), after “principal of a” insert “directly managed”, and

(b) in paragraph (d), after “or prison” insert “or the principal of a
40contracted-out secure college”.

34 (1) Section 65 (interpretation) is amended as follows.

(2) In subsection (3), at the end insert—

“(d) references to a directly managed secure college and to a
contracted-out secure college, and to the contractor in
5relation to a contracted-out secure college, have the meanings
given by paragraph 27 of Schedule 6 to the Criminal Justice
and Courts Act 2014.”

(3) In subsection (4)—

(a) in paragraph (a), omit “or”,

(b) 10at the end of paragraph (b), insert “or”,

(c) after paragraph (b) insert—

“(c) a contract under paragraph 1 of Schedule 6 to the
Criminal Justice and Courts Act 2014 is for the time
being in force in relation to part of a secure college”,
15and”

(d) for “or prison” substitute “, prison or secure college”.

Offender Management Act 2007 (c. 21)2007 (c. 21)

35 In section 14(9) of the Offender Management Act 2007 (disclosure)—

(a) in paragraph (a), after sub-paragraph (ii) insert—

“(iii) 20a secure college under paragraph 1 of
Schedule 6 to the Criminal Justice and Courts
Act 2014;”;

(b) in paragraph (a), for “section in question” substitute “provision in
question”;

(c) 25in paragraph (b)(ii), omit the words from “for offenders” to the end.

Section 43

SCHEDULE 7 Trial by single justice on the papers: further amendments

Criminal Law Act 1977 (c. 45)Criminal Law Act 1977 (c. 45)

1 (1) Section 39 of the Criminal Law Act 1977 (service of summons etc) is
30amended as follows.

(2) In subsection (1), after paragraph (c) (but before “and”) insert—

“(ca) a single justice procedure notice (within the meaning of that
section) requiring a person charged with an offence to serve
a written notification stating—

(i) 35whether or not the person desires to plead guilty, and

(ii) if the person desires to plead guilty, whether or not
the person desires to be tried in accordance with
section 16A of the Magistrates’ Courts Act 1980,”.

(3) In subsection (1)(d), for “or (c)” substitute “, (c) or (ca)”.

(4) After subsection (1) insert—

“(1A) The documents falling within subsection (1)(a) include a summons
directed to a person that is issued after the person’s trial has begun.”

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

2 5The Magistrates’ Courts Act 1980 is amended as follows.

3 (1) Section 1 (issue of summons to accused etc) is amended as follows.

(2) In subsection (4A), for “public prosecutor” substitute “relevant prosecutor
authorised to issue requisitions”.

(3) Omit subsection (4B).

(4) 10In subsection (6A), for “public prosecutor” substitute “relevant prosecutor”.

4 In section 11 (non-appearance of accused: general provisions), after
subsection (5) insert—

“(5A) Subsection (4) does not apply in relation to proceedings adjourned
under section 16C(3)(a) because of section 16C(2) (adjournment of a
15section 16A trial because the accused indicates a wish to make
representations).”

5 In section 123 (defect in process), after subsection (2) insert—

“(3) In the application of this section to proceedings conducted in
accordance with section 16A—

(a) 20a reference in subsection (1) or (2) to evidence adduced on
behalf of the prosecutor at a hearing is to be read as a
reference to evidence placed before the court on behalf of the
prosecutor, and

(b) subsection (2) is to be read as if for the words from “has been
25misled” to the end there were substituted “is likely to have
been misled by the variance, the court shall treat the written
charge as not being appropriate for trial in accordance with
section 16A”.”

6 In section 150(1) (interpretation of other terms)—

(a) 30omit the entry for “public prosecutor”, “requisition” and “written
charge”, and

(b) at the appropriate places insert—

• ““relevant prosecutor” has the meaning given by section
  29 of the Criminal Justice Act 2003;”,

• 35““requisition” has the meaning given by section 29 of the
  Criminal Justice Act 2003;”,

• ““single justice procedure notice” has the meaning given
  by section 29 of the Criminal Justice Act 2003;”, and

• ““written charge” has the meaning given by section 29 of
  40the Criminal Justice Act 2003;”.

Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

7 (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation of Part 1)
is amended as follows.

(2) In subsection (1)—

(a) for ““public prosecutor”” substitute ““relevant prosecutor””, and

(b) after ““requisition”” insert “, “single justice procedure notice”.

(3) In subsection (2)—

(a) 5in paragraph (ba), for “public prosecutor” substitute “relevant
prosecutor”, and

(b) after paragraph (ba) insert—

“(bb) where a relevant prosecutor issues a written charge
and single justice procedure notice, when the written
10charge and single justice procedure notice are
issued;”.

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

8 The Road Traffic Offenders Act 1988 is amended as follows.

9 (1) Section 7 (duty of accused to provide licence) is amended as follows.

(2) 15After subsection (1) insert—

“(1A) Subsection (1B) applies where—

(a) proceedings in relation to an offence involving obligatory or
discretionary disqualification are instituted by a written
charge and a single justice procedure notice,

(b) 20the person prosecuted is the holder of a licence, and

(c) after being convicted in proceedings conducted in
accordance with section 16A of the Magistrates’ Courts Act
1980, the person is given the opportunity to make
representations or further representations under section
2516C(2)(a) of that Act.

(1B) Where this subsection applies, the person must (instead of
complying with subsection (1))—

(a) cause the licence to be delivered to the designated officer
specified in the single justice procedure notice within such
30period as the person is allowed for indicating a wish to make
such representations,

(b) post it, at such time that in the ordinary course of post it
would be delivered within that period, in a letter duly
addressed to that officer and either registered or sent by the
35recorded delivery service, or

(c) if the person indicates a wish to make such representations,
have the licence with him at the hearing appointed to be held
because of that indication.

(1C) Subsection (1B) does not apply (and subsection (1) applies instead) if,
40before the period mentioned in subsection (1B)(a) comes to an end, a
summons is issued under section 16B(3)(b) or 16C(3)(b) of the
Magistrates’ Courts Act 1980.”

(3) In subsection (2)—

(a) for “In subsection (1) above “proper officer” means—” substitute “In
45this section—

• “proper officer” means—”, and

(b) at the end insert—

• ““single justice procedure notice” and “written charge”
  have the same meaning as in section 29 of the
  Criminal Justice Act 2003.”

10 5In section 8 (duty to include date of birth and sex in written plea of guilty),
after paragraph (a) (but before “or”) insert—

“(aa) serves a written notification on the designated officer for a
magistrates’ court stating a desire to plead guilty and to be
tried in accordance with section 16A of the Magistrates’
10Courts Act 1980 (trial by single justice on the papers),”.

11 (1) Section 27 (production of licence) is amended as follows.

(2) After subsection (4) insert—

“(4A) Subsection (3) does not apply where section 7(1B) applies in relation
to the proceedings and the holder of the licence—

(a) 15has caused a current receipt for the licence issued under
section 56 to be delivered to the designated officer specified
in the single justice procedure notice within the period
described in section 7(1B)(a),

(b) has posted it to that officer within that period in such manner
20as is described in section 7(1B)(b), or

(c) surrenders such a receipt to the court at the hearing described
in section 7(1B)(c),

and produces the licence to the court immediately on its return.”

(3) In subsection (5)—

(a) 25for “In subsection (4) above “proper officer” means—” substitute “In
this section—

• “proper officer” means—”, and

(b) at the end insert—

• ““single justice procedure notice” has the same meaning
  30as in section 29 of the Criminal Justice Act 2003.”

Pension Schemes Act 1993 (c. 48)Pension Schemes Act 1993 (c. 48)

12 (1) Section 68 of the Pension Schemes Act 1993 (unpaid premiums:
supplementary) is amended as follows.

(2) In subsection (1), after “1980” insert “or in proceedings conducted in
35accordance with section 16A of that Act”.

(3) After subsection (1) insert—

“(1A) Where subsection (1) applies in relation to a person being tried in
accordance with section 16A of the Magistrates’ Courts Act 1980, the
reference in subsection (1)(b) to the designated officer for the court is
40to be treated as including a reference to the designated officer for a
magistrates’ court specified in the single justice procedure notice in
question.”

Vehicle Excise and Registration Act 1994 (c. 22)Vehicle Excise and Registration Act 1994 (c. 22)

13 (1) Section 55 of the Vehicle Excise and Registration Act 1994 (guilty plea by
absent accused and amount payable under section 30 or 36) is amended as
follows.

(2) 5After subsection (2) insert—

“(2A) This section also applies if—

(a) a person is convicted of an offence under section 29 or 35A
while being tried in accordance with section 16A of the
Magistrates’ Courts Act 1980 (trial by single justice on the
10papers), and

(b) it is proved to the satisfaction of the court, in the manner
prescribed by Criminal Procedure Rules, that a relevant
notice was served on the accused with the written charge.”

(3) In subsection (3)—

(a) 15in paragraph (a), for “in a case within subsection (1)(a)” substitute “if
the offence is an offence under section 29”, and

(b) in paragraph (b), for “in a case within subsection (1)(b)” substitute “if
the offence is an offence under section 35A”.

(4) In subsection (5), for “The court shall not so proceed” substitute “Where this
20section applies by virtue of subsection (1), the court shall not proceed as
described in subsection (4)”.

(5) After subsection (5) insert—

“(6) Where this section applies by virtue of subsection (2A), the court
shall not proceed as described in subsection (4) if the written
25notification served by the accused or the legal representative of the
accused in accordance with the single justice procedure notice
includes a statement that the amount specified in the relevant notice
is inappropriate.

(7) In subsection (6) “single justice procedure notice” has the meaning
30given by section 29 of the Criminal Justice Act 2003.”

Criminal Justice and Public Order Act 1994 (c. 33)Criminal Justice and Public Order Act 1994 (c. 33)

14 (1) Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation
etc of witnesses, jurors and others) is amended as follows.

(2) In subsection (9)—

(a) 35for ““public prosecutor”” substitute ““relevant prosecutor””, and

(b) after ““requisition”” insert “, “single justice procedure notice””.

(3) In subsection (10)(a)(ia)—

(a) for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

40Drug Trafficking Act 1994 (c. 37)Drug Trafficking Act 1994 (c. 37)

15 (1) Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs
prosecutions) is amended as follows.

(2) In subsection (6), for ““public prosecutor”” substitute ““relevant
prosecutor””.

(3) In subsection (6A)(aa), for “public prosecutor” substitute “relevant
prosecutor”.

5Merchant Shipping Act 1995 (c. 21)Merchant Shipping Act 1995 (c. 21)

16 (1) Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144)
is amended as follows.

(2) In subsection (2)(a)(ia), for “public prosecutor” substitute “relevant
prosecutor”.

(3) 10In subsection (2A), for ““public prosecutor”” substitute ““relevant
prosecutor””.

Terrorism Act 2000 (c. 11)Terrorism Act 2000 (c. 11)

17 (1) In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is
amended as follows.

(2) 15In sub-paragraph (1)(aa), for “public prosecutor” substitute “relevant
prosecutor”.

(3) In sub-paragraph (2A), for ““public prosecutor”” substitute ““relevant
prosecutor””.

Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

18 (1) 20Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as
follows.

(2) In subsection (1)(aa)—

(a) for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

(3) 25In subsection (9)—

(a) for ““public prosecutor”” substitute ““relevant prosecutor””, and

(b) after ““requisition”” insert “, “single justice procedure notice””.

Education Act 2002 (c. 32)Education Act 2002 (c. 32)

19 (1) Section 141F of the Education Act 2002 (restrictions on reporting alleged
30offences by teachers) is amended as follows.

(2) In subsection (15)(b)—

(a) for “public prosecutor” substitute “relevant prosecutor”, and

(b) after “and requisition” insert “or single justice procedure notice”.

(3) After subsection (15) insert—

“(16) 35In subsection (15) “relevant prosecutor”, “requisition”, “single justice
procedure notice” and “written charge” have the same meaning as in
section 29 of the Criminal Justice Act 2003.”