Criminal Justice and Courts Bill (HL Bill 43)

(8) It is not an offence under paragraph 5D to publish information
disclosed as described in sub-paragraph (6).

(9) In this paragraph—

• “the Attorney General’s Office” means the Attorney General,
  5the Solicitor General or a member of staff of the Attorney
  General’s Office;

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

• “relevant investigator” means—

  (a)

  10a police force;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  the Crown Prosecution Service;

  (e)

  a senior coroner, area coroner or assistant coroner;

  (f)

  15any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

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

5G 20Exceptions for soliciting disclosures or obtaining information

(1) It is not an offence under paragraph 5D to solicit a disclosure
described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8).

(2) It is not an offence under paragraph 5D to obtain information—

(a) by means of a disclosure described in paragraph 5E(1) to
25(4) or paragraph 5F(1) to (8), or

(b) from a document that is available to the public or a section
of the public.”

Saving for contempt of court

7 In Part 3 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating
30to inquests: miscellaneous), at the end insert—

“11 Nothing in paragraph 5A, 5B or 5C affects what constitutes
contempt of court at common law.”

Section 67

SCHEDULE 10 Members of the Court Martial

35Part 1 Offences

1 The Armed Forces Act 2006 is amended as follows.

2 In Chapter 2 of Part 7 (trial by Court Martial: proceedings), after section 163

insert—

“163A Offences

Schedule 2A makes provision about offences relating to members of
the Court Martial and their deliberations.”

3 5After Schedule 2 insert—

Section 163A

“Schedule 2A Offences relating to members of the Court Martial

Interpretation

1 (1) In this Schedule, “lay member” means a member of the Court
Martial other than a judge advocate.

(2) 10References in this Schedule to a member, or lay member, of the
Court Martial are to any member, or lay member, whether or not
the person is a person subject to service law or a civilian subject to
service discipline.

(3) In this Schedule, “the trial period”, in relation to a person specified
15as a lay member of the Court Martial for proceedings, is the
period—

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

(b) ending when the proceedings terminate or, if earlier, when
the lay member is discharged by the judge advocate.

20Research by lay members

2 (1) It is an offence for a lay member of the Court Martial for
proceedings to research the case that is the subject of the
proceedings during the trial period, subject to the exceptions in
sub-paragraphs (5) and (6).

(2) 25A person researches a case if (and only if) the person—

(a) intentionally seeks information, and

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

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

(a) 30asking a question,

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

(c) visiting or inspecting a place or object,

(d) conducting an experiment, and

(e) 35asking another person to seek the information.

(4) Information relevant to the case includes information about—

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

(b) the judge advocate for the proceedings,

(c) any other person involved in the trial, whether as a lawyer,
40a witness or otherwise,

(d) the law relating to the case,

(e) the law of evidence, and

(f) Court Martial procedure.

(5) It is not an offence under this paragraph for a person to seek
information if the person needs the information for a reason which
5is not connected with the case.

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

(a) to attend the proceedings in question;

(b) to seek information from the judge advocate for the
proceedings;

(c) 10to seek information from the court administration officer
or from a member of the Military Court Service;

(d) to do anything which the Judge Advocate General directs
or authorises the person to do;

(e) to do anything which the judge advocate dealing with the
15issue directs or authorises the person to do;

(f) to seek information from another lay member of the Court
Martial for the proceedings, unless the person knows or
ought reasonably to know that the other lay member
contravened this paragraph in the process of obtaining the
20information;

(g) to do anything else which is reasonably necessary in order
for the Court Martial to make a finding on a charge or pass
a sentence.

(7) A person guilty of an offence under this paragraph is liable to any
25punishment mentioned in the Table in section 164, but a sentence
of imprisonment imposed in respect of the offence must not
exceed two years.

Sharing research with other lay members

3 (1) It is an offence for a lay member of the Court Martial for
30proceedings intentionally to disclose information to another lay
member of that court for the proceedings during the trial period
if—

(a) the lay member contravened paragraph 2 in the process of
obtaining the information, and

(b) 35the information has not been provided to the Court Martial
during the course of the proceedings.

(2) Information has been provided to the Court Martial during the
course of the proceedings if (and only if) it has been provided as
part of—

(a) 40evidence presented in the proceedings,

(b) information provided to a lay member or the lay members
during the trial period by the court administration officer
or a member of the Military Court Service, or

(c) other information provided to a lay member or the lay
45members during the trial period by, or with the permission
of, the judge advocate dealing with the issue.

(3) A person guilty of an offence under this paragraph is liable to any
punishment mentioned in the Table in section 164, but a sentence

of imprisonment imposed in respect of the offence must not
exceed two years.

Engaging in other prohibited conduct

4 (1) It is an offence for a lay member of the Court Martial for
5proceedings intentionally to engage in prohibited conduct during
the trial 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 finding
10on a charge or a decision about a sentence otherwise than on the
basis of the evidence presented in the proceedings.

(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 person to research
15the case that is the subject of the proceedings (as defined in
paragraph 2(2) to (4)).

(5) It is not an offence under this paragraph for a person to disclose
information to another lay member of the Court Martial.

(6) A person guilty of an offence under this paragraph is liable to any
20punishment mentioned in the Table in section 164, but a sentence
of imprisonment imposed in respect of the offence must not
exceed two years.

Disclosing information about members’ deliberations etc

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

(a) 25to disclose information about statements made, opinions
expressed, arguments advanced or votes cast by members
of the Court Martial for proceedings in the course of their
deliberations, or

(b) to solicit or obtain such information,

30subject to the exceptions in paragraphs 6 to 8.

(2) Where a person guilty of an offence under this paragraph—

(a) was a member of the Court Martial for the proceedings, or

(b) at the time the offence was committed, was a person
subject to service law or a civilian subject to service
35discipline,

the person is liable to any punishment mentioned in the Table in
section 164, but any sentence of imprisonment imposed in respect
of the offence must not exceed two years.

(3) Where any other person is guilty of an offence under this
40paragraph—

(a) the person is liable, on conviction on indictment, to
imprisonment for a term not exceeding two years or a fine
(or both), and

(b) proceedings for the offence may not be instituted except by
45or with the consent of the Attorney General.

(4) The Crown Court has jurisdiction to try an offence under this
paragraph committed in England and Wales other than by a
person described in sub-paragraph (2), including an offence
committed in respect of deliberations of members of the Court
5Martial sitting outside England and Wales.

Disclosing information about members’ deliberations etc: initial exceptions

6 (1) It is not an offence under paragraph 5 for a person to disclose
information in the proceedings mentioned in paragraph 5(1)—

(a) for the purposes of enabling the Court Martial to make a
10finding on a charge or pass a sentence, or

(b) in connection with the delivery of the findings or sentence.

(2) It is not an offence under paragraph 5 for the judge advocate for
those proceedings to disclose information—

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

(b) 15for the purposes of an investigation by a relevant
investigator into whether an offence or contempt of court
has been committed by or in relation to a lay member in the
proceedings mentioned in paragraph 5(1).

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

(4) It is not an offence under paragraph 5 to publish information
disclosed as described in sub-paragraph (1) or (2)(a) in the
25proceedings mentioned in paragraph 5(1).

(5) In this paragraph—

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

• “relevant investigator” means—

  (a)

  30a police force listed in section 375;

  (b)

  the Attorney General;

  (c)

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

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

Disclosing information about members’ deliberations etc: further exceptions

7 (1) It is not an offence under paragraph 5 for a person to disclose
40information to a person listed in sub-paragraph (2) if—

(a) the disclosure is made after the proceedings mentioned in
paragraph 5(1) terminate, 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 lay
member in connection with those proceedings, or

(ii) conduct of a lay member in connection with those
5proceedings may provide grounds for an appeal
against conviction or sentence.

(2) Those persons are—

(a) a member of a police force listed in section 375;

(b) a judge of the Court of Appeal;

(c) 10a judge of the Court Martial Appeal Court;

(d) the registrar of criminal appeals;

(e) the judge advocate who dealt with the proceedings
mentioned in paragraph 5(1);

(f) the court administration officer for the Court Martial;

(g) 15a member of the Military Court Service who would
reasonably be expected to disclose the information only to
a person mentioned in paragraphs (b) to (f).

(3) It is not an offence under paragraph 5 for a member of a police
force listed in section 375 to disclose information for the purposes
20of obtaining assistance in deciding whether to submit the
information to—

(a) a judge of the Court of Appeal,

(b) a judge of the Court Martial Appeal Court, or

(c) the registrar of criminal appeals,

25provided that the disclosure does not involve publishing the
information.

(4) It is not an offence under paragraph 5 for a judge of the Court of
Appeal, a judge of the Court Martial Appeal Court or the registrar
of criminal appeals to disclose information for the purposes of an
30investigation by a relevant investigator into—

(a) whether an offence or contempt of court has been
committed by or in relation to a lay member in connection
with the proceedings mentioned in paragraph 5(1), or

(b) whether conduct of a lay member in connection with those
35proceedings may provide grounds for an appeal against
conviction or sentence.

(5) It is not an offence under paragraph 5 for a judge of the Court of
Appeal, a judge of the Court Martial Appeal Court or the registrar
of criminal appeals to disclose information for the purposes of
40enabling or assisting—

(a) a person who was the defendant in the proceedings
mentioned in paragraph 5(1), or

(b) a legal representative of such a person,

to consider whether conduct of a lay member in connection with
45those proceedings may provide grounds for an appeal against
conviction or sentence.

(6) It is not an offence under paragraph 5 for a person who reasonably
believes that a disclosure described in sub-paragraph (4) or (5) has

been made to disclose information for the purposes of the
investigation or consideration in question.

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

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

(b) proceedings on an appeal, or an application for leave to
10appeal, against a decision in the proceedings mentioned in
paragraph 5(1) where an allegation relating to conduct of
or in relation to a lay member forms part of the grounds of
appeal, or

(c) proceedings on any further appeal or reference arising out
15of proceedings mentioned in paragraph (a) or (b).

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

(9) It is not an offence under paragraph 5 to publish information
20disclosed as described in sub-paragraph (7).

(10) In this paragraph—

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

• “relevant investigator” means—

  (a)

  25a police force listed in section 375;

  (b)

  the Attorney General;

  (c)

  the Criminal Cases Review Commission;

  (d)

  the Crown Prosecution Service;

  (e)

  the Service Prosecuting Authority;

  (f)

  30any other person or class of person specified by the
  Lord Chancellor for the purposes of this paragraph by
  regulations.

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

Disclosing information about members’ deliberations: exceptions for soliciting
disclosures or obtaining information

8 (1) It is not an offence under paragraph 5 to solicit a disclosure
described in paragraph 6(1) to (4) or paragraph 7(1) to (9).

(2) 40It is not an offence under paragraph 5 to obtain information—

(a) by means of a disclosure described in paragraph 6(1) to (4)
or paragraph 7(1) to (9), or

(b) from a document that is available to the public or a section
of the public.

Saving for contempt of court

9 Nothing in paragraph 2, 3 or 4 affects what constitutes contempt
of court at common law or what may be certified under section
311.”

5Part 2 Further amendments

4 The Armed Forces Act 2006 is amended as follows.

5 In section 50(2) (jurisdiction of the Court Martial: service offences), after
paragraph (f) insert—

“(fa) 10an offence under paragraph 2, 3 or 4 of Schedule 2A (offences
committed by a lay member of the Court Martial);

(fb) an offence under paragraph 5 of that Schedule (disclosing
information about members’ deliberations etc) committed by
a person described in sub-paragraph (2) of that paragraph;”.

6 15In section 51(3) (jurisdiction of the Service Civilian Court: excluded
offences), after paragraph (c) insert—

“(ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A
(offences relating to members of the Court Martial);”.

7 In section 373 (orders, regulations and rules), after subsection (1) insert—

“(1A) 20The powers conferred by paragraphs 6 and 7 of Schedule 2A on the
Lord Chancellor to make regulations are exercisable by statutory
instrument.”

8 In Schedule 2 (offences required to be referred to service police force or
Director of Service Prosecutions under sections 113 and 116), at the end
25insert—

“14 An offence under paragraph 4 of Schedule 2A (lay member of the
Court Martial engaging in prohibited conduct).

15 An offence under paragraph 5 of Schedule 2A (disclosing
information about the deliberations of members of the Court
30Martial) committed by a person described in sub-paragraph (2) of
that paragraph.”

9 The reference in section 286(4) of the Armed Forces Act 2006 (hearing by the
Court Martial of appeals from Service Civilian Court) to Part 7 of that Act
includes the provisions inserted in that Part by this Schedule.

Section 77

35SCHEDULE 11 Procedure for certain planning challenges

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

1 Part 12 of the Town and Country Planning Act 1990 (validity) is amended as
follows.

2 In section 284 (validity of development plans and certain orders, decisions
and directions)—

(a) in subsection (1), after paragraph (f) insert “; or—

(g) a relevant costs order made in connection with an
5order mentioned in subsection (2) or an action
mentioned in subsection (3),”, and

(b) after subsection (3) insert—

“(3A) In this section, “relevant costs order” means an order made
under section 250(5) of the Local Government Act 1972
10(orders as to costs of parties), as applied by virtue of any
provision of this Act.”

3 (1) Section 287 (proceedings for questioning validity of development plans and
certain schemes and orders) is amended as follows.

(2) After subsection (2) insert—

“(2A) 15An application under this section may not be made without the leave
of the High Court.

(2B) An application for leave for the purposes of subsection (2A) must be
made before the end of the period of six weeks beginning with the
day after the relevant date.”

(3) 20After subsection (3) insert—

“(3ZA) An interim order has effect—

(a) if made on an application for leave, until the final
determination of—

(i) the question of whether leave should be granted, or

(ii) 25where leave is granted, the proceedings on any
application under this section made with such leave;

(b) in any other case, until the proceedings are finally
determined.”

(4) Omit subsections (3C) and (4).

(5) 30In subsection (5), for “subsection (4)” substitute “subsection (2B)”.

(6) After subsection (5) insert—

“(5A) References in this Act to an application under this section do not
include an application for leave for the purposes of subsection (2A).”

4 (1) Section 288 (proceedings for questioning validity of other orders, decisions
35and directions) is amended as follows.

(2) After subsection (1) insert—

“(1A) If a person is aggrieved by a relevant costs order made in connection
with an order or action to which this section applies and wishes to
question its validity, the person may make an application to the High
40Court under this section (whether or not as part of an application
made by virtue of subsection (1)) on the grounds—

(a) that the relevant costs order is not within the powers of this
Act, or

(b) that any of the relevant requirements have not been complied
with in relation to the order.”

(3) In subsection (2)—

(a) after “subsection (1)” (in the first place) insert “or (1A)”,

(b) 5after “applies,” (in the second place) insert “or with any relevant
costs order,”, and

(c) after “subsection (1)” (in the second place) insert “or (1A) (as the case
may be)”.

(4) Omit subsection (3).

(5) 10After subsection (4) insert—

“(4A) An application under this section may not be made without the leave
of the High Court.

(4B) An application for leave for the purposes of subsection (4A) must be
made before the end of the period of six weeks beginning with the
15day after—

(a) in the case of an application relating to an order under section
97 that takes effect under section 99 without confirmation, the
date on which the order takes effect;

(b) in the case of an application relating to any other order to
20which this section applies, the date on which the order is
confirmed;

(c) in the case of an application relating to an action to which this
section applies, the date on which the action is taken;

(d) in the case of an application relating to a relevant costs order,
25the date on which the order is made.

(4C) When considering whether to grant leave for the purposes of
subsection (4A), the High Court may, subject to subsection (6), make
an interim order suspending the operation of any order or action the
validity of which the person or authority concerned wishes to
30question, until the final determination of—

(a) the question of whether leave should be granted, or

(b) where leave is granted, the proceedings on any application
under this section made with such leave.”

(6) In subsection (5)—

(a) 35in paragraph (a), for “the order or action” substitute “any order or
action”, and

(b) in paragraph (b), for “the order or action in question” substitute “any
such order or action”.

(7) For subsection (6) substitute—

“(6) 40The High Court may not suspend a tree preservation order under
subsection (4C) or (5)(a).”

(8) In subsection (7), after “subsection” insert “(4C) or”.

(9) For subsection (9) substitute—

“(9) In this section—

• 45“relevant costs order” has the same meaning as in section 284;

Criminal Justice and Courts BillPage 130

• “the relevant requirements”—

  (a)

  in relation to any order or action to which this section
  applies, means any requirements of this Act or of the
  Tribunals and Inquiries Act 1992, or of any order,
  5regulations or rules made under either of those Acts,
  which are applicable to that order or action;

  (b)

  in relation to a relevant costs order, means any
  requirements of this Act, of the Local Government
  Act 1972 or of the Tribunals and Inquiries Act 1992, or
  10of any order, regulations or rules made under any of
  those Acts, which are applicable to the relevant costs
  order.”

(10) After subsection (10) insert—

“(11) References in this Act to an application under this section do not
15include an application for leave for the purposes of subsection (4A).”

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

5 In section 62 of the Planning (Listed Buildings and Conservation Areas) Act
1990—

(a) in subsection (1), after paragraph (b) insert “; or

(c) 20a relevant costs order made in connection with any
such order or decision,”, and

(b) after subsection (2) insert—

“(2A) In this section, “relevant costs order” means an order made
under section 250(5) of the Local Government Act 1972
25(orders as to costs of parties), as applied by virtue of any
provision of this Act.”

6 (1) Section 63 of that Act (proceedings for questioning validity of other orders,
decisions and directions) is amended as follows.

(2) In subsection (1), for “section 62(1)” substitute “section 62(1)(a) or (b)”.

(3) 30After subsection (1) insert—

“(1A) If a person is aggrieved by a relevant costs order made in connection
with an order or decision mentioned in section 62(1)(a) or (b) and
wishes to question its validity, the person may make an application
to the High Court under this section (whether or not as part of an
35application made by virtue of subsection (1)) on the grounds—

(a) that the relevant costs order is not within the powers of this
Act, or

(b) that any of the relevant requirements have not been complied
with in relation to the order.”

(4) 40In subsection (2)—

(a) after “subsection (1)” (in the first place) insert “or (1A)”,

(b) for “such order or decision” substitute “order or decision mentioned
in section 62(1)”, and

(c) for “those grounds” substitute “the grounds mentioned in subsection
45(1) or (1A) (as the case may be)”.

(5) For subsection (3) substitute—

“(3) An application under this section may not be made without the leave
of the High Court.

(3A) An application for leave for the purposes of subsection (3) must be
5made before the end of the period of six weeks beginning with the
day after—

(a) in the case of an application relating to an order under section
23 that takes effect under section 25 without confirmation, the
date on which the order takes effect;

(b) 10in the case of an application relating to any other order
mentioned in section 62(1)(a), the date on which the order is
confirmed;

(c) in the case of an application relating to a decision mentioned
in section 62(1)(b) or a relevant costs order, the date on which
15the decision or order is made.

(3B) When considering whether to grant leave for the purposes of
subsection (3), the High Court may make an interim order
suspending the operation of any order or decision the validity of
which the person or authority concerned wishes to question, until
20the final determination of—

(a) the question of whether leave should be granted, or

(b) where leave is granted, the proceedings on any application
under this section made with such leave.”

(6) In subsection (4)—

(a) 25after “this section” insert “(other than an application for leave)”,

(b) in paragraph (a), for “the order or decision” substitute “any order or
decision”, and

(c) in paragraph (b)(i), for “the order or decision” substitute “any such
order or decision”.

(7) 30For subsection (6) substitute—

“(6) In this section—

• “relevant costs order” has the same meaning as in section 62;

• “the relevant requirements”—

  (a)

  in relation to an order or decision mentioned in
  35section 62(1)(a) or (b), means any requirements of this
  Act or of the Tribunals and Inquiries Act 1992, or of
  any order, regulations or rules made under either of
  those Acts, which are applicable to the order or
  decision;

  (b)

  40in relation to a relevant costs order, means any
  requirements of this Act, of the Local Government
  Act 1972 or of the Tribunals and Inquiries Act 1992, or
  of any order, regulations or rules made under any of
  those Acts, which are applicable to the order.”

45Planning (Hazardous Substances) Act 1990 (c. 10)Planning (Hazardous Substances) Act 1990 (c. 10)

7 (1) Section 22 of the Planning (Hazardous Substances) Act 1990 (validity of
decisions as to applications) is amended as follows.

(2) In subsections (1) and (2), omit “within six weeks from the date on which the
decision is taken”.

(3) After subsection (2) insert—

“(2A) An application under this section may not be made without the leave
5of the High Court.

(2B) An application for leave for the purposes of subsection (2A) must be
made before the end of the period of six weeks beginning with the
day after the date on which the decision to which the application
relates is taken.

(2C) 10When considering whether to grant leave for the purposes of
subsection (2A), the High Court may by interim order suspend the
operation of the decision the validity of which the person or
authority concerned wishes to question, until the final determination
of—

(a) 15the question of whether leave should be granted, or

(b) where leave is granted, the proceedings on any application
under this section made with such leave.”

(4) In subsection (3), after “section” insert “(other than an application for
leave)”.

20Planning and Compulsory Purchase Act 2004 (c. 5)Planning and Compulsory Purchase Act 2004 (c. 5)

8 (1) Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of
strategies, plans and documents) is amended as follows.

(2) After subsection (3) insert—

“(3A) An application may not be made under subsection (3) without the
25leave of the High Court.

(3B) An application for leave for the purposes of subsection (3A) must be
made before the end of the period of six weeks beginning with the
day after the relevant date.”

(3) Omit subsection (4).

(4) 30After subsection (5) insert—

“(5A) An interim order has effect—

(a) if made on an application for leave, until the final
determination of—

(i) the question of whether leave should be granted, or

(ii) 35where leave is granted, the proceedings on any
application under this section made with such leave;

(b) in any other case, until the proceedings are finally
determined.”

(5) Omit subsection (8).