Criminal Justice and Courts Bill (HL Bill 43)

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

20 The Crime (International Co-operation) Act 2003 is amended as follows.

21 (1) Section 4A (general requirements for service of written charge or
requisition) is amended as follows.

(2) 5In the heading, for “or requisition” substitute “etc”.

(3) In subsection (1), after paragraph (b) insert “and

(c) a single justice procedure notice (within the meaning of that
section).”

(4) In subsection (2), for “The written charge or requisition” substitute “Each of
10the documents”.

(5) In subsection (3), for “the written charge or requisition”, in both places,
substitute “the document”.

(6) In subsection (4), for “A written charge or requisition” substitute “Such a
document”.

(7) 15In subsection (5)—

(a) after “a requisition” insert “or single justice procedure notice”, and

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

22 (1) Section 4B (service of written charge or requisition otherwise than by post)
is amended as follows.

(2) 20In the heading, for “or requisition” substitute “etc”.

(3) In subsection (1), for “or requisition” substitute “, requisition or single justice
procedure notice”.

(4) In subsection (2), for “the written charge or requisition” substitute “the
document”.

(5) 25In subsection (3)(b), for “the written charge or requisition” substitute “the
document”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

23 In section 164 of the Criminal Justice Act 2003 (fixing of fines), after
subsection (5)(a) (but before the “or”) insert—

“(aa) 30an offender has been convicted in the offender’s absence in
proceedings conducted in accordance with section 16A of the
Magistrates’ Courts Act 1980 (trial by single justice on the
papers),”.

Section 46

SCHEDULE 8 35Further provision about criminal courts charge

Rehabilitation of Offenders Act 1974 (c. 53)Rehabilitation of Offenders Act 1974 (c. 53)

1 In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated

persons and spent convictions: definition of sentence), at the end insert—

“(c) an order under section 21A of the Prosecution of Offences Act
1985 (criminal courts charge).”

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

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

3 In section 82 (restriction on power to impose imprisonment for default), for
subsection (1A) substitute—

“(1A) A magistrates’ court may not issue a warrant of commitment in
reliance on subsection (1)(c) for a default in paying—

(a) 10a charge ordered to be paid under section 21A of the
Prosecution of Offences Act 1985 (criminal courts charge), or

(b) a surcharge ordered to be paid under section 161A of the
Criminal Justice Act 2003.”

4 In section 108 (right of appeal to the Crown Court), after subsection (4)
15insert—

“(5) Subsection (3) does not prevent an appeal against an order under
section 21A of the Prosecution of Offences Act 1985 (criminal courts
charge).”

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

5 20In the Prosecution of Offences Act 1985, at the beginning of the heading of
Part 2 insert “Defence, prosecution and third party”.

Insolvency Act 1986 (c. 45)Insolvency Act 1986 (c. 45)

6 In section 281(4A) of the Insolvency Act 1986 (effect of discharge from
bankruptcy debts)—

(a) 25after “fine” insert “imposed for an offence”, and

(b) after “a reference to” insert “—

(a) a charge ordered to be paid under section 21A of the
Prosecution of Offences Act 1985 (criminal courts
charge), whether on conviction or otherwise;

(b)”. 30

Criminal Justice Act 1991 (c. 53)Criminal Justice Act 1991 (c. 53)

7 In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from
certain benefits), in the definition of “fine”, after paragraph (b) insert—

• “(ba)

  a charge ordered to be paid under section 21A of the
  35Prosecution of Offences Act 1985 (criminal courts
  charge);”.

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

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

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

(2) 40In subsection (7)—

(a) omit “from making an order for costs against the offender or”, and

(b) for “him” substitute “the offender”.

(3) At the end insert—

“(8) Nothing in this section shall be construed as preventing a court, on
5discharging an offender absolutely or conditionally in respect of an
offence, from—

(a) making an order under section 21A of the Prosecution of
Offences Act 1985 (criminal courts charge), or

(b) making an order for costs against the offender.”

10 10In section 142(1) (power of Crown Court to order search of persons before
it), after paragraph (b) insert—

“(ba) the Crown Court makes an order against a person under
section 21A of the Prosecution of Offences Act 1985 (criminal
courts charge),”.

15Proceeds of Crime Act 2002 (c. 29)Proceeds of Crime Act 2002 (c. 29)

11 In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on
court’s other powers), after “other than” insert “an order under section 21A
of the Prosecution of Offences Act 1985 (criminal courts charge) or”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

12 20The Criminal Justice Act 2003 is amended as follows.

13 In section 151(5) (community order or youth rehabilitation order for
persistent offender previously fined), before “a compensation order” insert
“an order under section 21A of the Prosecution of Offences Act 1985
(criminal courts charge), or”.

14 25In section 256AC(11) (breach of supervision requirements imposed under
section 256AA: appeal)—

(a) after “against” insert “—

(a)”, and

(b) at the end insert “under this section, and

(b) 30an order made by the court under section 21A of the
Prosecution of Offences Act 1985 (criminal courts
charge) when dealing with the person under this
section.”

15 In Schedule 8 (breach or amendment of community order), in paragraph 9(8)
35(appeals)—

(a) after “against” insert “—

(a)”, and

(b) at the end insert “, and

(b) an order made by the court under section 21A of the
40Prosecution of Offences Act 1985 (criminal courts
charge) when imposing that sentence.”

16 In Schedule 12 (breach or amendment of suspended sentence order), in
paragraph 9(3) (appeals)—

(a) for “any order made by the court under paragraph 8(2)(a) or (b)”
substitute “each of the following orders”, and

(b) at the end insert “—

(a) an order made by the court under paragraph
58(2)(a) or (b);

(b) an order made by the court under section 21A of
the Prosecution of Offences Act 1985 (criminal
courts charge) when making an order described in
paragraph (a).”

Section 66

10SCHEDULE 9 Juries at inquests

Jurors and electronic communications devices

1 After section 9 of the Coroners and Justice Act 2009 insert—

“9A Surrender of electronic communications devices by jurors

(1) 15A senior coroner holding an inquest with a jury may order the
members of the jury to surrender any electronic communications
devices for a period.

(2) An order may be made only if the senior coroner considers that—

(a) the order is necessary or expedient in the interests of justice,
20and

(b) the terms of the order are a proportionate means of
safeguarding those interests.

(3) An order may only specify periods during which the members of the
jury are—

(a) 25in the building in which the inquest is being heard,

(b) in other accommodation provided at the senior coroner’s
request,

(c) visiting a place in accordance with arrangements made for
the purposes of the inquest, or

(d) 30travelling to or from a place mentioned in paragraph (b) or
(c).

(4) An order may be made subject to exceptions.

(5) It is a contempt of court for a member of a jury to fail to surrender an
electronic communications device in accordance with an order under
35this section.

(6) Proceedings for a contempt of court under this section may only be
instituted on the motion of a senior coroner having jurisdiction to
deal with it.

(7) In this section, “electronic communications device” means a device
40that is designed or adapted for a use which consists of or includes the
sending or receiving of signals that are transmitted by means of an

electronic communications network (as defined in section 32 of the
Communications Act 2003).

9B Surrender of electronic communications devices: powers of search etc

(1) This section applies where an order has been made under section 9A
5in respect of the members of a jury.

(2) A coroners’ officer must, if ordered to do so by a senior coroner,
search a member of the jury in order to determine whether the juror
has failed to surrender an electronic communications device in
accordance with the order.

(3) 10Subsection (2) does not authorise the officer to require a person to
remove clothing other than a coat, jacket, headgear, gloves or
footwear.

(4) If the search reveals a device which is required by the order to be
surrendered—

(a) 15the officer must ask the juror to surrender the device, and

(b) if the juror refuses to do so, the officer may seize it.

(5) Subject to subsection (6), a coroners’ officer may retain an article
which was surrendered or seized under subsection (4) until the end
of the period specified in the order.

(6) 20If a coroners’ officer reasonably believes that the device may be
evidence of, or in relation to, an offence, the officer may retain it until
the later of—

(a) the end of the period specified in the order, and

(b) the end of such period as will enable the officer to draw it to
25the attention of a constable.

(7) A coroners’ officer may not retain a device under subsection (6)(b)
for a period of more than 24 hours from the time when it was
surrendered or seized.

(8) The Lord Chancellor may by regulations make provision as to—

(a) 30the provision of written information about coroners’ officers’
powers of retention to persons by whom devices have been
surrendered, or from whom devices have been seized, under
this section,

(b) the keeping of records about devices which have been
35surrendered or seized under this section,

(c) the period for which unclaimed devices have to be kept, and

(d) the disposal of unclaimed devices at the end of that period.

(9) In this section—

• “electronic communications device” has the same meaning as in
  40section 9A;

• “unclaimed device” means a device retained under this section
  which has not been returned and whose return has not been
  requested by a person entitled to it.”

2 (1) Part 4 of the Courts Act 2003 (court security officers) is amended as follows.

(2) In section 54A (powers in relation to jurors’ electronic communications
devices) (inserted by section 61 of this Act)—

(a) in subsection (1), after “1974” insert “or section 9A of the Coroners
and Justice Act 2009”,

(b) 5in subsection (2), after “judge” insert “or a senior coroner”, and

(c) for subsection (5) substitute—

“(5) In this section—

• “electronic communications device” means a device that
  is designed or adapted for a use which consists of or
  10includes the sending or receiving of signals that are
  transmitted by means of an electronic
  communications network (as defined in section 32 of
  the Communications Act 2003);

• “senior coroner” has the same meaning as in the
  15Coroners and Justice Act 2009.”

(3) In section 55(1A) (powers to retain articles surrendered or seized) (inserted
by section 61), after “1974” insert “or section 9A of the Coroners and Justice
Act 2009”.

Offences relating to research by jurors etc

3 20Part 1 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating
to jurors at inquests) is amended as follows.

4 Before paragraph 1 insert—

“Serving while disqualified, failure to attend etc”.

5 After paragraph 5 insert—

25“Research by jurors

5A (1) It is an offence for a member of a jury at an inquest to research the
case during the inquest period, subject to the exceptions in sub-
paragraphs (6) and (7).

(2) A person researches a case if (and only if) the person—

(a) 30intentionally seeks information, and

(b) when doing so, knows or or ought reasonably to know that
the information is or may be relevant to the inquest.

(3) The ways in which a person may seek information include—

(a) asking a question,

(b) 35searching an electronic database, including by means of
the internet,

(c) visiting or inspecting a place or object,

(d) conducting an experiment, and

(e) asking another person to seek the information.

(4) 40Information relevant to the inquest includes information about—

(a) a person involved in events relevant to the inquest,

(b) the senior coroner dealing with the inquest,

(c) any other person who is involved in the inquest, whether
as a lawyer, a witness or otherwise,

(d) the law relating to the case,

(e) the law of evidence, and

(f) 5procedure at inquests.

(5) “The inquest period”, in relation to a member of a jury at an
inquest, is the period—

(a) beginning when the person is sworn to inquire into the
case, and

(b) 10ending when the senior coroner discharges the jury or, if
earlier, when the senior coroner discharges the person.

(6) It is not an offence under this paragraph for a person to seek
information if the person needs the information for a reason which
is not connected with the case.

(7) 15It is not an offence under this paragraph for a person—

(a) to attend proceedings at the inquest;

(b) to seek information from the senior coroner dealing with
the case;

(c) to do anything which the senior coroner dealing with the
20case directs or authorises the person to do;

(d) to seek information from another member of the jury,
unless the person knows or ought reasonably to know that
the other member of the jury contravened this paragraph
in the process of obtaining the information;

(e) 25to do anything else which is reasonably necessary in order
for the jury to make a determination or finding in the case.

(8) A person guilty of an offence under this paragraph is liable, on
conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(9) 30Proceedings for an offence under this paragraph may only be
instituted by or with the consent of the Attorney General.

Sharing research with other jurors

5B (1) It is an offence for a member of a jury at an inquest intentionally to
disclose information to another member of the jury during the
35inquest period if—

(a) the member contravened paragraph 5A in the process of
obtaining the information, and

(b) the information has not been provided at the inquest.

(2) Information has been provided at the inquest if (and only if) it has
40been provided as part of—

(a) evidence presented at the inquest, or

(b) other information provided to the jury or a juror during the
inquest period by, or with the permission of, the senior
coroner dealing with the case.

(3) A person guilty of an offence under this paragraph is liable, on
conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(4) Proceedings for an offence under this paragraph may not be
5instituted except by or with the consent of the Attorney General.

(5) In this paragraph, “the inquest period” has the same meaning as in
paragraph 5A.

Jurors engaging in other prohibited conduct

5C (1) It is an offence for a member of a jury at an inquest intentionally to
10engage in prohibited conduct during the inquest period, subject to
the exceptions in sub-paragraphs (4) and (5).

(2) “Prohibited conduct” means conduct from which it may
reasonably be concluded that the person intends to make a
determination or finding otherwise than on the basis of the
15evidence presented at the inquest.

(3) An offence under this paragraph is committed whether or not the
person knows that the conduct is prohibited conduct.

(4) It is not an offence under this paragraph for a member of the jury
to research the case (as defined in paragraph 5A(2) to (4)).

(5) 20It is not an offence under this paragraph for a member of the jury
to disclose information to another member of the jury.

(6) A person guilty of an offence under this paragraph is liable, on
conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(7) 25Proceedings for an offence under this paragraph may not be
instituted except by or with the consent of the Attorney General.

(8) In this paragraph, “the inquest period” has the same meaning as in
paragraph 5A.”

Offence relating to jury’s deliberations

6 30In Schedule 6 to the Coroners and Justice Act 2009 (offences relating to
inquests), after Part 1 insert—

“ Part 1A Offence relating to jury’s deliberations

5D Offence

(1) 35It is an offence for a person intentionally—

(a) to disclose information about statements made, opinions
expressed, arguments advanced or votes cast by members
of a jury in the course of their deliberations in proceedings
at an inquest, or

(b) 40to solicit or obtain such information,

subject to the exceptions in paragraphs 5E to 5G.

(2) A person guilty of an offence under this paragraph is liable, on
conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both).

(3) Proceedings for an offence under this paragraph may not be
5instituted except by or with the consent of the Attorney General.

5E Initial exceptions

(1) It is not an offence under paragraph 5D for a person to disclose
information in the inquest mentioned in paragraph 5D(1) for the
purposes of enabling the jury to make findings or a determination
10or in connection with the delivery of findings or a determination.

(2) It is not an offence under paragraph 5D for the senior coroner
dealing with that inquest to disclose information—

(a) for the purposes of dealing with the inquest, or

(b) for the purposes of an investigation by a relevant
15investigator into whether an offence or contempt of court
has been committed by or in relation to a juror in the
inquest.

(3) It is not an offence under paragraph 5D for a person who
reasonably believes that a disclosure described in sub-paragraph
20(2)(b) has been made to disclose information for the purposes of
the investigation.

(4) It is not an offence under paragraph 5D to publish information
disclosed as described in sub-paragraph (1) or (2)(a) in the inquest
mentioned in paragraph 5D(1).

(5) 25In this paragraph—

• “publish” means make available to the public or a section of
  the public;

• “relevant investigator” means—

  (a)

  a police force;

  (b)

  30the Attorney General;

  (c)

  any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

(6) The Lord Chancellor must obtain the consent of the Lord Chief
35Justice before making regulations under this paragraph.

5F Further exceptions

(1) It is not an offence under paragraph 5D for a person to disclose
information to a person listed in sub-paragraph (2) if—

(a) the disclosure is made after the jury at the inquest
40mentioned in paragraph 5D(1) has been discharged, and

(b) the person making the disclosure reasonably believes
that—

(i) an offence or contempt of court has been, or may
have been, committed by or in relation to a juror in
45connection with that inquest, or

(ii) conduct of a juror in connection with that inquest
may provide grounds for an application under
section 13(1)(b) of the Coroners Act 1988.

(2) Those persons are—

(a) 5a member of a police force;

(b) the Attorney General’s Office;

(c) a judge of the High Court;

(d) the Chief Coroner;

(e) the senior coroner who dealt with the inquest mentioned
10in paragraph 5D(1);

(f) a coroner’s officer or a member of staff assisting a senior
coroner who would reasonably be expected to disclose the
information only to a person mentioned in paragraphs (b)
to (e).

(3) 15It is not an offence under paragraph 5D for a member of a police
force to disclose information for the purposes of obtaining
assistance in deciding whether to submit the information to a
person listed in sub-paragraph (2), provided that the disclosure
does not involve publishing the information.

(4) 20It is not an offence under paragraph 5D for the Attorney General’s
Office or a judge of the High Court to disclose information for the
purposes of an investigation by a relevant investigator into—

(a) whether an offence or contempt of court has been
committed by or in relation to a juror in connection with
25the inquest mentioned in paragraph 5D(1), or

(b) whether conduct of a juror in connection with that inquest
may provide grounds for an application under section
13(1)(b) of the Coroners Act 1988.

(5) It is not an offence under paragraph 5D for a person who
30reasonably believes that a disclosure described in sub-paragraph
(4) has been made to disclose information for the purposes of the
investigation.

(6) It is not an offence under paragraph 5D for a person to disclose
information in evidence in—

(a) 35proceedings for an offence or contempt of court alleged to
have been committed by or in relation to a juror in
connection with the inquest mentioned in paragraph
5D(1),

(b) proceedings on an application to the High Court under
40section 13(1)(b) of the Coroners Act 1988 in connection
with the inquest mentioned in paragraph 5D(1) where an
allegation relating to conduct of or in relation to a juror
forms part of the grounds for the application, or

(c) proceedings on any further appeal, reference or
45investigation arising out of proceedings mentioned in
paragraph (a) or (b).

(7) It is not an offence under paragraph 5D for a person to disclose
information in the course of taking reasonable steps to prepare for
proceedings described in sub-paragraph (6)(a) to (c).