(b) any supplement to that information provided in accordance with rules
of court or Tribunal Procedure Rules.

(3) The court or tribunal must consider whether to order costs to be paid by a
person, other than a party to the proceedings, who is identified in that
5information as someone who is providing financial support for the purposes of
the proceedings or likely or able to do so.

(4) In this section “judicial review proceedings” means—

(a) proceedings on an application for leave to apply for judicial review,

(b) proceedings on an application for judicial review,

(c) 10proceedings on an application for permission to apply for relief under
section 15 of the Tribunals, Courts and Enforcement Act 2007 in a case
arising under the law of England and Wales,

(d) proceedings on an application for such relief in such a case,

(e) any proceedings on an application for leave to appeal from a decision
15in proceedings described in paragraph (a), (b), (c) or (d), and

(f) proceedings on an appeal from such a decision.

73 Interveners and costs

(1) This section applies where, in judicial review proceedings, a person other than
a relevant party to the proceedings (an “intervener”) is granted permission to
20file evidence or make representations in the proceedings.

(2) A relevant party to the proceedings may not be ordered by the High Court or
the Court of Appeal to pay the intervener’s costs in connection with the
proceedings.

(3) Subsection (2) does not prevent the court making an order if it considers that
25there are exceptional circumstances that make it appropriate to do so.

(4) On an application to the High Court or the Court of Appeal by a relevant party
to the proceedings, the court must order the intervener to pay any costs
specified in the application that the court considers have been incurred by that
party as a result of the intervener’s involvement in the proceedings.

(5) 30Subsection (4) does not require the court to make an order if it considers that
there are exceptional circumstances that make it inappropriate to do so.

(6) In determining whether there are exceptional circumstances that are relevant
for the purposes of subsection (3) or (5), the court must have regard to criteria
specified in rules of court.

(7) 35In this section, “judicial review proceedings” means—

(a) proceedings on an application for leave to apply for judicial review,

(b) proceedings on an application for judicial review,

(c) any proceedings on an application for leave to appeal from a decision
in proceedings described in paragraph (a) or (b), and

(d) 40proceedings on an appeal from such a decision.

(8) For the purposes of this section, “a relevant party” to judicial review
proceedings means any of the following—

(a) the applicant and the defendant,

(b) in the case of proceedings on an appeal, the appellant and the
45respondent, and

(c) any other person who is directly affected by the proceedings and on
whom the application for judicial review, or for leave to apply for
judicial review, has been served.

74 Capping of costs

(1) 5A costs capping order may not be made by the High Court or the Court of
Appeal in connection with judicial review proceedings except in accordance
with this section and sections 75 and 76.

(2) A “costs capping order” is an order limiting or removing the liability of a party
to judicial review proceedings to pay another party’s costs in connection with
10any stage of the proceedings.

(3) The court may make a costs capping order only if leave to apply for judicial
review has been granted.

(4) The court may make a costs capping order only on an application for such an
order made by the applicant for judicial review in accordance with rules of
15court.

(5) Rules of court may, in particular, specify information that must be contained in
the application, including—

(a) information about the source, nature and extent of financial resources
available, or likely to be available, to the applicant to meet liabilities
20arising in connection with the application, and

(b) if the applicant is a body corporate that is unable to demonstrate that it
is likely to have financial resources available to meet such liabilities,
information about its members and about their ability to provide
financial support for the purposes of the application.

(6) 25The court may make a costs capping order only if it is satisfied that—

(a) the proceedings are public interest proceedings,

(b) in the absence of the order, the applicant for judicial review would
withdraw the application for judicial review or cease to participate in
the proceedings, and

(c) 30it would be reasonable for the applicant for judicial review to do so.

(7) The proceedings are “public interest proceedings” only if—

(a) an issue that is the subject of the proceedings is of general public
importance,

(b) the public interest requires the issue to be resolved, and

(c) 35the proceedings are likely to provide an appropriate means of resolving
it.

(8) The matters to which the court must have regard when determining whether
proceedings are public interest proceedings include—

(a) the number of people likely to be directly affected if relief is granted to
40the applicant for judicial review,

(b) how significant the effect on those people is likely to be, and

(c) whether the proceedings involve consideration of a point of law of
general public importance.

(9) The Lord Chancellor may by regulations amend this section by adding,
45omitting or amending matters to which the court must have regard when
determining whether proceedings are public interest proceedings.

(10) Regulations under this section are to be made by statutory instrument.

(11) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(12) 5In this section and sections 75 and 76—

• “costs capping order” has the meaning given in subsection (2);

• “the court” means the High Court or the Court of Appeal;

• “judicial review proceedings” means—

  (a)

  proceedings on an application for leave to apply for judicial
  10review,

  (b)

  proceedings on an application for judicial review,

  (c)

  any proceedings on an application for leave to appeal from a
  decision in proceedings described in paragraph (a) or (b), and

  (d)

  proceedings on an appeal from such a decision,

  15and the proceedings described in paragraphs (a) to (d) are “stages” of
  judicial review proceedings.

(13) For the purposes of this section and section 75, in relation to judicial review
proceedings—

(a) the applicant for judicial review is the person who is or was the
20applicant in the proceedings on the application for judicial review, and

(b) references to relief being granted to the applicant for judicial review
include the upholding on appeal of a decision to grant such relief at an
earlier stage of the proceedings.

75 Capping of costs: orders and their terms

(1) 25The matters to which the court must have regard when considering whether to
make a costs capping order in connection with judicial review proceedings,
and what the terms of such an order should be, include—

(a) the financial resources of the parties to the proceedings, including the
financial resources of any person who provides, or may provide,
30financial support to the parties;

(b) the extent to which the applicant for the order is likely to benefit if relief
is granted to the applicant for judicial review;

(c) the extent to which any person who has provided, or may provide, the
applicant with financial support is likely to benefit if relief is granted to
35the applicant for judicial review;

(d) whether legal representatives for the applicant for the order are acting
free of charge;

(e) whether the applicant for the order is an appropriate person to
represent the interests of other persons or the public interest generally.

(2) 40A costs capping order that limits or removes the liability of the applicant for
judicial review to pay the costs of another party to the proceedings if relief is
not granted to the applicant for judicial review must also limit or remove the
liability of the other party to pay the applicant’s costs if it is.

(3) The Lord Chancellor may by regulations amend this section by adding to,
45omitting or amending the matters listed in subsection (1).

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

(5) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.

(6) In this section—

• 5“free of charge” means otherwise than for or in expectation of fee, gain or
  reward;

• “legal representative”, in relation to a party to proceedings, means a
  person exercising a right of audience or conducting litigation on the
  party’s behalf.

76 10Capping of costs: environmental cases

(1) The Lord Chancellor may by regulations provide that sections 74 and 75 do not
apply in relation to judicial review proceedings which, in the Lord
Chancellor’s opinion, have as their subject an issue relating entirely or partly
to the environment.

(2) 15Regulations under this section—

(a) may make provision generally or only in relation to proceedings
described in the regulations, and

(b) may include transitional, transitory or saving provision.

(3) Regulations under this section are to be made by statutory instrument.

(4) 20A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

Planning proceedings

77 Procedure for certain planning challenges

Schedule 11 contains amendments—

(a) 25that require leave of court to be obtained before certain planning
applications may be made, and

(b) that set out a procedure for challenging costs orders made in
connection with certain planning orders and decisions.

78 Periods of time for certain legal challenges

(1) 30In section 61N of the Town and Country Planning Act 1990 (legal challenges
relating to neighbourhood development orders)—

(a) in subsections (1)(b) and (2)(b), after “beginning with” insert “the day
after”;

(b) in subsection (3)(b)—

(i) 35for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”.

(2) In section 106C of that Act (legal challenges relating to development consent
obligations)—

(a) in subsection (1)(b)—

(i) 40for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”;

(b) in subsection (1A), after “begins with” insert “the day after”;

(c) in subsections (2)(b) and (3)(b)—

(i) for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”.

(3) 5In section 13 of the Planning Act 2008 (legal challenges relating to national
policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)—

(a) for “during” substitute “before the end of”;

(b) after “beginning with” insert “the day after”.

(4) In section 118 of that Act (legal challenges relating to applications for orders
10granting development consent)—

(a) in subsections (1)(b), (2)(b) and (3)(b)—

(i) for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”;

(b) in subsections (4)(b), (5)(b) and (6)(b)—

(i) 15for “during” substitute “before the end of”;

(ii) after “day”, wherever occurring, insert “after the day”;

(c) in subsection (7)(b)—

(i) for “during” substitute “before the end of”;

(ii) after “beginning with” insert “the day after”.

20Part 5 Final provisions

79 Power to make consequential and supplementary provision etc

(1) The Lord Chancellor or the Secretary of State may by regulations make
consequential, supplementary, incidental, transitional, transitory or saving
25provision in relation to any provision of this Act.

(2) The regulations may, in particular, amend, repeal or revoke legislation.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament, subject
30to subsection (5).

(5) A statutory instrument containing regulations under this section that amend or
repeal a provision of an Act (whether alone or with other provision) may not
be made unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.

(6) 35In this section—

• “Act” includes an Act or Measure of the National Assembly for Wales;

• “legislation”, in relation to regulations made under this section, means—

  (a)

  an Act passed before or in the same Session as this Act, or

  (b)

  an instrument made under an Act before the regulations come
  40into force.

80 Financial provision

There is to be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown under or by virtue
of this Act, and

(b) 5any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

81 Commencement

(1) The provisions of this Act come into force on such day as the Lord Chancellor
or the Secretary of State may appoint by order, subject to subsections (2) and
10(3).

(2) Section 44 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.

(3) This Part comes into force on the day on which this Act is passed.

(4) An order under this section is to be made by statutory instrument.

(5) 15An order under this section may—

(a) appoint different days for different purposes, and

(b) make transitional, transitory or saving provision.

(6) An order under this section bringing into force section 15 may appoint
different days for different areas.

82 20Extent

(1) An amendment or repeal made by this Act has the same extent as the provision
amended or repealed (ignoring extent by virtue of an Order in Council), subject
to subsections (2) and (3).

(2) An amendment or repeal of a provision of the Armed Forces Act 2006 extends
25to England and Wales, Scotland and Northern Ireland.

(3) An amendment or repeal of any other provision, so far as it is applied by the
Armed Forces Act 2006, extends to England and Wales, Scotland and Northern
Ireland (and section 385 of that Act does not apply in relation to the
amendment or repeal).

(4) 30A provision of this Act, other than an amendment or repeal, extends to
England and Wales, Scotland and Northern Ireland, subject to subsection (5).

(5) The following provisions extend to England and Wales only—

(a) sections 16 and 17(1) to (4);

(b) sections 19 to 25;

(c) 35sections 49 to 53;

(d) sections 72 to 76;

(e) Schedule 3;

(f) Parts 1 to 4 of Schedule 6.

83 Channel Islands, Isle of Man and British overseas territories

(1) The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences)
Act 1997 (power to extend to Isle of Man) is exercisable in relation to any
amendment of that Schedule that is made by or under this Act.

(2) 5The power conferred by section 9(3) of the Special Immigration Appeals
Commission Act 1997 (power to extend to Channel Islands and Isle of Man) is
exercisable in relation to any amendment of that Act that is made by or under
this Act.

(3) The power conferred by section 338 of the Criminal Justice Act 2003 (power to
10extend to Channel Islands etc) is exercisable in relation to any amendment of
that Act that is made by or under this Act.

(4) The power conferred by section 39(6) of the Terrorism Act 2006 (power to
extend to Channel Islands and Isle of Man) is exercisable in relation to any
amendment of that Act that is made by or under this Act.

(5) 15Her Majesty may by Order in Council provide for an armed forces provision to
extend, with or without modifications, to—

(a) any of the Channel Islands,

(b) the Isle of Man, or

(c) any of the British overseas territories.

(6) 20“Armed forces provision” means—

(a) an amendment or repeal made by or under this Act of a provision of the
Armed Forces Act 2006;

(b) an amendment or repeal made by or under this Act of any other
provision, so far as the provision is applied by the Armed Forces Act
252006.

84 Short title

This Act may be cited as the Criminal Justice and Courts Act 2014.

SCHEDULES

Section 6

SCHEDULE 1 Sentence and Parole Board release for offenders of particular concern

Part 1 5Sentence and release

Introduction

1 The Criminal Justice Act 2003 is amended as follows.

Sentence

2 After Chapter 5 of Part 12 (sentencing) insert—

“Chapter 5A

Other offenders of particular concern

236A 10Special custodial sentence for certain offenders of particular concern

(1) Subsection (2) applies where—

(a) a person is convicted of an offence listed in Schedule 18A
(whether the offence was committed before or after this
section comes into force),

(b) 15the person was aged 18 or over when the offence was
committed, and

(c) the court does not impose one of the following for the
offence—

(i) a sentence of imprisonment for life, or

(ii) 20an extended sentence under section 226A.

(2) If the court imposes a sentence of imprisonment for the offence, the
term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period of 1 year for which the offender is to be
25subject to a licence.

(3) The “appropriate custodial term” is the term that, in the opinion of
the court, ensures that the sentence is appropriate.

(4) The term of a sentence of imprisonment imposed under this section
for an offence must not exceed the term that, at the time the offence
30was committed, was the maximum term permitted for the offence.

(5) The references in subsections (1)(c) and (2) to a sentence imposed for
the offence include a sentence imposed for the offence and one or
more offences associated with it.

(6) The Secretary of State may by order amend Schedule 18A by—

(a) 5adding offences, or

(b) varying or omitting offences listed in the Schedule.

(7) An order under subsection (6) may, in particular, make provision
that applies in relation to the sentencing of a person for an offence
committed before the provision comes into force.”

3 10In section 330(5)(a) (orders subject to affirmative procedure), at the
appropriate place insert—

“(none) section 236A(6),”.

Offences of particular concern

4 After Schedule 18 insert—

Section 236A

“Schedule 18A 15Sentence under section 236A: offences

Terrorism offences

1 An offence under section 4 of the Offences against the Person Act
1861 (soliciting murder) that has a terrorist connection.

2 An offence under section 28 of that Act (causing bodily injury by
20explosives) that has a terrorist connection.

3 An offence under section 29 of that Act (using explosives etc with
intent to do grievous bodily harm) that has a terrorist connection.

4 An offence under section 2 of the Explosive Substances Act 1883
(causing explosion likely to endanger life or property) that has a
25terrorist connection.

5 An offence under section 3 of that Act (attempt to cause explosion,
or making or keeping explosive with intent to endanger life or
property) that has a terrorist connection.

6 An offence under section 4 of that Act (making or possession of
30explosive under suspicious circumstances) that has a terrorist
connection.

7 An offence under section 54 of the Terrorism Act 2000 (weapons
training).

8 An offence under section 56 of that Act (directing terrorist
35organisation).

9 An offence under section 57 of that Act (possession of article for
terrorist purposes).

10 An offence under section 59 of that Act (inciting terrorism
overseas).

11 An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).

12 An offence under section 50 of that Act (assisting or inducing
certain weapons-related acts overseas).

13 5An offence under section 113 of that Act (use of noxious substance
or thing to cause harm or intimidate).

14 An offence under section 5 of the Terrorism Act 2006 (preparation
of terrorist acts).

15 An offence under section 6 of that Act (training for terrorism).

16 10An offence under section 9 of that Act (making or possession of
radioactive device or material).

17 An offence under section 10 of that Act (use of radioactive device
or material for terrorist purposes etc).

18 An offence under section 11 of that Act (terrorist threats relating to
15radioactive devices etc).

Sexual offences

19 An offence under section 5 of the Sexual Offences Act 2003 (rape
of a child under 13).

20 An offence under section 6 of that Act (assault of a child under 13
20by penetration).

Accessories and inchoate offences

21 (1) Aiding, abetting, counselling or procuring the commission of an
offence specified in the preceding paragraphs of this Schedule (a
“relevant offence”).

(2) 25An attempt to commit a relevant offence.

(3) Conspiracy to commit a relevant offence.

(4) An offence under Part 2 of the Serious Crime Act 2007 in relation
to which a relevant offence is the offence (or one of the offences)
which the person intended or believed would be committed.

22 30An offence in the following list that has a terrorist connection—

(a) an attempt to commit murder,

(b) conspiracy to commit murder, and

(c) an offence under Part 2 of the Serious Crime Act 2007 in
relation to which murder is the offence (or one of the
35offences) which the person intended or believed would be
committed.

Abolished offences

23 An offence that—

(a) was abolished before the coming into force of section 236A,
40and