Criminal Justice and Courts Bill (HL Bill 43)

(i) for “This section” substitute “Subsection (2)”, and

(ii) after “where” insert “in Northern Ireland”.

(4) In section 67 (penalties for possession of extreme pornographic images)—

(a) in subsection (2), for “Except where subsection (3) applies to the
5offence” substitute “If the offence relates to an image that portrays any
relevant act (with or without other acts)”,

(b) in subsection (3), for “act within section 63(7)(a) or (b)” substitute
“relevant act”, and

(c) after subsection (4) insert—

“(5) 10In this section “relevant act” means—

(a) in relation to England and Wales, an act within section
63(7)(a) or (b) or (7A)(a) or (b);

(b) in relation to Northern Ireland, an act within section
63(7)(a) or (b).”

(5) 15In Schedule 14 (special rules relating to providers of information society
services)—

(a) after paragraph 1(3) insert—

“(3A) For the purposes of sub-paragraph (2), “extreme
pornographic image” has the meaning given by section 63(2)
20and in determining whether a domestic service provider is in
possession of such an image—

(a) where the service provider is established in England
and Wales, “extreme image” has the meaning given
by section 63(5A);

(b) 25where the service provider is established in Northern
Ireland, “extreme image” has the meaning given by
section 63(6).”, and

(b) omit paragraph 6(2).

Part 2 30Young offenders

Detention of young offenders

32 Secure colleges and other places for detention of young offenders etc

(1) For section 43 of the Prison Act 1952 and the italic heading before it
substitute—

35“Places for the detention of young offenders etc

43 Places for the detention of young offenders etc

(1) The Secretary of State may provide the following places for the
detention of young persons sentenced to detention for an offence or
remanded to custody (or for the detention of a class of such persons)—

(a) 40young offender institutions,

(b) secure training centres, and

(c) secure colleges.

(2) In subsection (1), “young person” means a person who is aged under 18
or who was aged under 18 when convicted of the offence or remanded.

(3) Sections 1 to 42A and Schedule A1 (“the prisons provisions”) apply in
relation to places listed in subsection (1) and to persons detained in
5them as they apply to prisons and prisoners, subject to subsections (4)
to (7).

(4) The following provisions do not apply in relation to the following
places—

(5) In their application in relation to secure colleges, the prisons provisions
15apply as if references to the governor and deputy governor were
references to the principal and deputy principal.

(6) In their application in relation to places listed in subsection (1), the
prisons provisions apply—

(a) as if references to imprisonment included references to
20detention in those places, and

(b) subject to any other modifications specified in rules made by the
Secretary of State (but see subsection (7)).

(7) The following provisions, as they apply in relation to the following
places, may not be modified by rules made under this section—

(8) Rules made under this section may—

(a) make different provision for different cases;

(b) contain transitional, transitory or saving provision.

(9) 35The references in this section to a young person sentenced to
detention—

(a) include a person sentenced to a detention and training order or
an order under section 211 of the Armed Forces Act 2006;

(b) do not include a person sentenced to service detention within
40the meaning of the Armed Forces Act 2006.

(10) Subsections (11) to (13) have effect in relation to any time before the
coming into force of section 61 of the Criminal Justice and Court
Services Act 2000 (abolition of sentences of detention in a young
offender institution).

(11) 5Subsection (2) of this section, as it applies for the purposes of the power
under subsection (1) to provide young offender institutions, has effect
as if for “18”, in each place, there were substituted “21”.

(12) The Secretary of State may from time to time direct that a woman aged
21 or over who is serving a sentence of imprisonment or who has been
10committed to prison for default is to be detained in a young offender
institution.

(13) Nothing in this section prejudices the operation of section 108(5) of the
Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons
aged at least 18 but under 21 for default or contempt).”

(2) 15In section 52 of the Prison Act 1952 (orders, rules and regulations), after
subsection (2) insert—

“(2ZA) A statutory instrument containing rules under section 43 is subject to
annulment in pursuance of a resolution of either House of Parliament.”

(3) Schedule 5 contains further amendments relating to secure colleges and other
20places for the detention of young offenders.

33 Contracting out secure colleges

In Schedule 6—

(a) Part 1 makes provision about contracting out the provision and
running of secure colleges,

(b) 25Part 2 makes provision about the certification of secure college custody
officers,

(c) Part 3 makes provision about contracting out functions at directly
managed secure colleges,

(d) Part 4 contains definitions, and

(e) 30Part 5 contains further amendments relating to contracted-out secure
colleges.

34 Powers of Youth Justice Board in relation to provision of accommodation

(1) Section 41(5)(i) of the Crime and Disorder Act 1998 (functions of the Youth
Justice Board of entering into agreements for the provision of accommodation)
35is amended as follows.

(2) In sub-paragraph (ii)—

(a) after “2000” insert “, section 226, 226B or 228 of the Criminal Justice Act
2003”, and

(b) for “or 218” substitute “218, 221, 221A or 222”.

(3) 40Omit sub-paragraphs (v) and (vi).

Other matters

35 Youth cautions and conditional cautions: involvement of appropriate adults

(1) The Crime and Disorder Act 1998 is amended as follows.

(2) In section 66ZA (youth cautions)—

(a) 5in subsection (2) (caution to be given in presence of appropriate adult),
omit “given to a person under the age of 17”, and

(b) in subsection (3)(b) (certain matters to be explained to appropriate
adult), omit “where that person is under the age of 17,”.

(3) In section 66B(5) (requirements for giving youth conditional cautions:
10explanation and warning to be given in presence of appropriate adult), omit “If
the offender is aged 16 or under,”.

36 Referral orders: alternatives to revocation for breach

(1) In Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000, after
paragraph 6 insert—

15“Power of court to impose fine or extend period for which contract has effect

6A (1) This paragraph applies where—

(a) an offender has been referred back to the appropriate court
under section 22(2), 26(5) or 27(4), and

(b) it is proved to the satisfaction of the court that the offender
20has failed, without reasonable excuse, to comply with the
terms of a contract under section 23.

(2) If the court does not revoke the order under paragraph 5 it may—

(a) order the offender to pay a fine of an amount not exceeding
£2,500, or

(b) 25make an order extending the length of the period for which
the contract under section 23 has effect.

(3) The court may not extend the length of the period for which the
contract has effect so that it becomes longer than 12 months.

(4) If the period for which the contract has effect has expired (whether
30before or after the referral of the offender back to court) the court—

(a) may make an order under sub-paragraph (2)(a), but

(b) may not make an order under sub-paragraph (2)(b).

(5) The court may not exercise a power under sub-paragraph (2) unless
the offender is present before it.

(6) 35A fine imposed under sub-paragraph (2)(a) is to be treated, for the
purposes of any enactment, as being a sum adjudged to be paid by a
conviction.

(7) The Secretary of State may by order amend any sum for the time
being specified in sub-paragraph (2)(a).”

“(subject to any order under paragraph 6A(2)(b))”.

37 10Referral orders: extension on further conviction

(1) For paragraphs 10 to 12 of Schedule 1 to the Powers of Criminal Courts
(Sentencing) Act 2000 substitute—

“10 (1) This paragraph applies where—

(a) an offender aged under 18 is subject to referral, and

(b) 15a relevant court is dealing with the offender for an offence in
relation to which paragraphs (a) to (c) of section 16(1) apply.

(2) The relevant court may sentence the offender for the offence by
making an order extending any compliance period.

(3) The relevant court may not extend the length of a compliance period
20so that it becomes longer than 12 months.

(4) In this paragraph and paragraph 13 “relevant court” means a youth
court or other magistrates’ court.”

(2) In paragraph 13 of that Schedule—

(a) omit sub-paragraphs (1), (6) and (7),

(b) 25in sub-paragraph (2), for “paragraph 11 or 12 above in respect of the
offence mentioned in paragraph 10 above” substitute “paragraph 10 in
respect of an offence”, and

(c) in sub-paragraph (8), for “paragraphs 10 to 12” substitute
“paragraph 10”.

(3) 30In consequence of the amendments made above—

(a) in paragraphs 5(3) and 9 of that Schedule, for “paragraph 9ZD, 11 or 12”
substitute “paragraphs 9ZD or 10”,

(b) in the heading before paragraph 13 of that Schedule, for “paragraph 11
and 12” substitute “paragraph 10”, and

(c) 35in paragraph 14(1)(a) of that Schedule, for “paragraph 11 or 12”
substitute “paragraph 10”.

(4) The amendments made by this section apply in relation to a person dealt with
for an offence committed before or after this section comes into force.

38 Referral orders: revocation on further conviction

(1) 40The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In Schedule 1—

(a) in paragraph 14(1)(b) (further conviction: cases where revocation not
available), for “absolutely” substitute “, whether absolutely or
conditionally”,

(b) for paragraph 14(2) substitute—

“(2) 5The court may revoke the referral order (or any one or more
of the referral orders) if it appears to the court to be in the
interests of justice to do so.

(2A) The revocation of a referral order under sub-paragraph (2)
has the effect of revoking any related order under paragraph
109ZD or 10.”, and

(c) in the heading before paragraph 14, for “which lead to revocation of
referral” substitute “: power to revoke referral orders”.

(3) In section 18 (making of referral orders: general), after subsection (3) insert—

“(3A) Where a court makes a referral order in respect of an offender who is
15subject to an earlier referral order, the court may direct that any youth
offender contract under the later order is not to take effect under section
23 until the earlier order is revoked or discharged.”

(4) The amendments made by this section apply in relation to a person dealt with
for an offence committed before or after this section comes into force.

20Part 3 Courts and tribunals

Trial by single justice on the papers

39 Instituting proceedings by written charge

(1) Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute
25proceedings by written charge) is amended as follows.

(2) In subsection (1), for “public prosecutor” substitute “relevant prosecutor”.

(3) For subsection (2) substitute—

“(2) Where a relevant prosecutor issues a written charge, it must at the same
time issue—

(a) 30a requisition, or

(b) a single justice procedure notice.

(2A) A requisition is a document which requires the person on whom it is
served to appear before a magistrates’ court to answer the written
charge.

(2B) 35A single justice procedure notice is a document which requires the
person on whom it is served to serve on the designated officer for a
magistrates’ court specified in the notice a written notification stating—

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

(b) if the person desires to plead guilty, whether or not the person
40desires to be tried in accordance with section 16A of the
Magistrates’ Courts Act 1980.”

(4) In subsection (3), for “The” substitute “Where a relevant prosecutor issues a
written charge and a requisition, the”.

(5) After subsection (3) insert—

“(3A) Where a relevant prosecutor issues a written charge and a single justice
5procedure notice, the written charge and notice must be served on the
person concerned, and a copy of both must be served on the designated
officer specified in the notice.

(3B) If a single justice procedure notice is served on a person, the relevant
prosecutor must—

(a) 10at the same time serve on the person such documents as may be
prescribed by Criminal Procedure Rules, and

(b) serve copies of those documents on the designated officer
specified in the notice.”

(6) After subsection (3B) insert—

“(3C) 15The written notification required by a single justice procedure notice
may be served by the legal representative of the person charged on the
person’s behalf.”

(7) In subsection (4), for the words from the beginning to “public prosecutor”
substitute “A relevant prosecutor authorised to issue a requisition”.

(8) 20In subsection (5), for ““public prosecutor”” substitute ““relevant prosecutor””.

(9) After subsection (5) insert—

“(5A) An order under subsection (5)(h) specifying a person for the purposes
of this section must also specify whether that person and a person
authorised by that person to institute criminal proceedings—

(a) 25are authorised to issue written charges, requisitions and single
justice procedure notices, or

(b) are authorised to issue only written charges and single justice
procedure notices.”

(10) A person who immediately before the commencement of this section is—

(a) 30a person specified in an order under section 29(5)(h) of the Criminal
Justice Act 2003, or

(b) a person authorised by a person so specified to institute criminal
proceedings,

is to be treated after the commencement of this section as authorised to issue
35requisitions and single justice procedure notices (subject to the order
specifying that person being varied or revoked).

40 Instituting proceedings: further provision

(1) Section 30 of the Criminal Justice Act 2003 (further provision about method of
instituting proceedings in section 29) is amended as follows.

(2) 40In subsection (1)—

(a) in paragraph (a), for “or requisitions” substitute “, requisitions or single
justice procedure notices”, and

(b) in paragraph (b), for “or requisitions” substitute “, requisitions or single
justice procedure notices”.

(3) In subsection (2)(b), after “further requisitions” insert “or further single justice
procedure notices”.

(4) In subsection (5)—

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

(b) after paragraph (b) insert “, and

(c) any reference (however expressed) which is or includes
a reference to a summons under section 1 of the
Magistrates’ Courts Act 1980 (or to a justice of the peace
10issuing such a summons) is to be read as including a
reference to a single justice procedure notice (or to a
relevant prosecutor issuing a single justice procedure
notice).”

(5) After subsection (7) insert—

“(7A) 15The reference in subsection (5) to an enactment contained in an Act
passed before this Act is to be read, in relation to paragraph (c) of
subsection (5), as including—

(a) a reference to an enactment contained in an Act passed before
or in the same Session as the Criminal Justice and Courts Act
202014, and

(b) a reference to an enactment contained in such an Act as a result
of an amendment to that Act made by the Criminal Justice and
Courts Act 2014 or by any other Act passed in the same Session
as the Criminal Justice and Courts Act 2014.”

(6) 25In subsection (8)—

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

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

41 Trial by single justice on the papers

(1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) 30In section 11 (non-appearance of accused: general provisions)—

(a) in subsection (1), for “and (4)” substitute “, (4) and (8)”, and

(b) after subsection (7) insert—

“(8) This section and sections 12 to 16 do not apply if and for so long
as a written charge is to be tried by a magistrates’ court in
35accordance with section 16A.”

(3) After section 16 insert—

“Trial by single justice on the papers

16A Trial by single justice on the papers

(1) A magistrates’ court may try a written charge in accordance with
40subsections (3) to (10) if—

(a) the offence charged is a summary offence not punishable with
imprisonment,

(b) the accused had attained the age of 18 years when charged,

(c) the court is satisfied that—

(i) the documents specified in subsection (2) have been
served on the accused, and

(ii) service of all of the documents was effected at the same
5time, and

(d) the accused has not served on the designated officer specified in
the single justice procedure notice, within the period prescribed
by Criminal Procedure Rules, a written notification stating
either—

(i) 10a desire to plead not guilty, or

(ii) a desire not to be tried in accordance with this section.

(2) The documents mentioned in subsection (1)(c) are—

(a) a written charge and a single justice procedure notice (see
section 29 of the Criminal Justice Act 2003), and

(b) 15such other documents as may be prescribed by Criminal
Procedure Rules (see section 29(3B) of the Criminal Justice Act
2003).

(3) The court may not hear any oral evidence and may consider only the
contents of the following—

(a) 20the documents specified in subsection (2),

(b) any document containing information to which subsection (4)
applies, and

(c) any written submission that the accused makes with a view to
mitigation of sentence.

(4) 25This subsection applies to information if—

(a) a notice describing the information was served on the accused
at the same time as the documents specified in subsection (2),
and

(b) a copy of the notice has been served on the designated officer
30specified in the single justice procedure notice.

(5) The court may disregard a written submission that is not served on the
designated officer specified in the single justice procedure notice
within the period prescribed by Criminal Procedure Rules.

(6) The court is not required to conduct any part of the proceedings in open
35court.

(7) The court may try the charge in the absence of the parties and, if a party
appears, must proceed as if the party were absent.

(8) If the accused served on the designated officer specified in the notice a
written notification stating a desire to plead guilty and to be tried in
40accordance with this section, the court may try the charge as if the
accused had pleaded guilty.

(9) The court may not remand the accused.

(10) If the resumed trial is to be conducted in accordance with subsections
(3) to (9), no notice is required of the resumption of the trial after an
45adjournment.

(11) A magistrates’ court acting under this section may be composed of a
single justice.

(12) Any magistrates’ court may try a written charge in accordance with
subsections (3) to (10), whether or not its designated officer is specified
5in the single justice procedure notice.

(13) Subsection (1) is subject to sections 16B and 16C.

16B Cases not tried in accordance with section 16A

(1) If a magistrates’ court decides, before the accused is convicted of the
offence, that it is not appropriate to convict the accused in proceedings
10conducted in accordance with section 16A, the court may not try or
continue to try the charge in that way.

(2) A magistrates’ court may not try a written charge in accordance with
section 16A if, at any time before the trial, the accused or the accused’s
legal representative on the accused’s behalf gives notice to the
15designated officer specified in the single justice procedure notice that
the accused does not desire to be tried in accordance with section 16A.

(3) If a magistrates’ court may not try or continue to try a written charge in
accordance with section 16A because the conditions in section 16A(1)
are not satisfied or because of subsection (1) or (2), the magistrates’
20court dealing with the matter must—

(a) adjourn the trial, if it has begun, and

(b) issue a summons directed to the accused requiring the accused
to appear before a magistrates’ court for the trial of the written
charge.

(4) 25A magistrates’ court issuing a summons under subsection (3)(b) may be
composed of a single justice.

16C Cases that cease to be tried in accordance with section 16A

(1) If a magistrates’ court decides, after the accused is convicted of the
offence, that it is not appropriate to try the written charge in accordance
30with section 16A, the court may not continue to try the charge in that
way.

(2) If a magistrates’ court trying a written charge in accordance with
section 16A proposes, after the accused is convicted of the offence, to
order the accused to be disqualified under section 34 or 35 of the Road
35Traffic Offenders Act 1988—

(a) the court must give the accused the opportunity to make
representations or further representations about the proposed
disqualification, and

(b) if the accused indicates a wish to make such representations, the
40court may not continue to try the case in accordance with
section 16A.

(3) If a magistrates’ court may not continue to try a written charge in
accordance with section 16A because of subsection (1) or (2), the
magistrates’ court must—

(a) 45adjourn the trial, and