Criminal Justice and Courts Bill (HL Bill 49)

Application of duties and powers to give notices after the transitional period

26 After the end of the transitional period, the Secretary of State and the
Department of the Environment in Northern Ireland—

(a) are required to give a notice under section 55 of the 2003 Act (duty to
5give notice to foreign authorities of driving disqualification of a non-
UK resident),

(b) are required or permitted to give a notice under section 57 of the 2003
Act (recognition in United Kingdom of foreign driving
disqualification), and

(c) 10are required to give reasons under section 70(3) of the 2003 Act (duty
to give reasons for not giving a notice under section 57),

only in a case in which the offence referred to in section 54(1) or 56(1) of the
2003 Act was committed after the end of the transitional period.

Saving for pre-1 December 2014 cases

27 15The amendments made by section 31 and Part 1 of this Schedule do not have
effect in relation to a case in which a notice was given to an offender under
section 57 of the 2003 Act before 1 December 2014.

Section 33

SCHEDULE 8 Disclosing private sexual photographs or films: providers of information
20society services

England and Wales service providers: extension of liability

1 (1) This paragraph applies where a service provider is established in England
and Wales (an “E&W service provider”).

(2) Section 33 applies to an E&W service provider who—

(a) 25discloses a photograph or film in an EEA state other than the United
Kingdom, and

(b) does so in the course of providing information society services,

as well as to a person who discloses a photograph or film in England and
Wales.

(3) 30In the case of an offence under section 33, as it applies to an E&W service
provider by virtue of sub-paragraph (2)—

(a) proceedings for the offence may be taken at any place in England and
Wales, and

(b) the offence may for all incidental purposes be treated as having been
35committed at any such place.

(4) Nothing in this paragraph affects the operation of paragraphs 3 to 5.

Non-UK service providers: restriction on institution of proceedings

2 (1) This paragraph applies where a service provider is established in an EEA
state other than the United Kingdom (a “non-UK service provider”).

(2) Proceedings for an offence under section 33 may not be instituted against a
non-UK service provider in respect of anything done in the course of the
provision of information society services unless the derogation condition is
satisfied.

(3) 5The derogation condition is satisfied where the institution of proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) relates to an information society service that prejudices that objective
or presents a serious and grave risk of prejudice to that objective, and

(c) is proportionate to that objective.

(4) 10“The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

3 (1) A service provider is not capable of being guilty of an offence under section
33 in respect of anything done in the course of providing so much of an
information society service as consists in—

(a) 15the provision of access to a communication network, or

(b) the transmission in a communication network of information
provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2) The condition is that the service provider does not—

(a) 20initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) 25the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the
information transmitted so far as the storage is solely for the purpose of
carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for longer than
30is reasonably necessary for the transmission.

Exception for caching

4 (1) This paragraph applies where an information society service consists in the
transmission in a communication network of information provided by a
recipient of the service.

(2) 35The service provider is not capable of being guilty of an offence under
section 33 in respect of the automatic, intermediate and temporary storage
of information so provided, if—

(a) the storage of the information is solely for the purpose of making
more efficient the onward transmission of the information to other
40recipients of the service at their request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the
information, and

(c) where sub-paragraph (4) applies, expeditiously removes the
information or disables access to it.

(4) 5This sub-paragraph applies if the service provider obtains actual knowledge
that—

(a) the information at the initial source of the transmission has been
removed from the network,

(b) access to it has been disabled, or

(c) 10a court or administrative authority has ordered the removal from the
network of, or the disablement of access to, the information.

Exception for hosting

5 (1) A service provider is not capable of being guilty of an offence under section
33 in respect of anything done in the course of providing so much of an
15information society service as consists in the storage of information
provided by a recipient of the service if sub-paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the service provider had no actual
knowledge when the information was provided—

(a) that it consisted of or included a private sexual photograph or film,

(b) 20that it was provided without the consent of an individual who
appears in the photograph or film, or

(c) that the disclosure of the photograph or film was provided with the
intention of causing distress to that individual.

(3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service
25provider expeditiously removed the information or disabled access to it.

(4) Sub-paragraph (1) does not apply if the recipient of the service is acting
under the authority or control of the service provider.

Interpretation

6 (1) This paragraph applies for the purposes of this Schedule.

(2) 30“Disclose” and “photograph or film” have the meanings given in section 34.

(3) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce Directive
(which refers to Article 1(2) of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
35procedure for the provision of information in the field of technical
standards and regulations), and

(b) is summarised in recital 17 of the E-Commerce Directive as covering
“any service normally provided for remuneration, at a distance, by
means of electronic equipment for the processing (including digital
40compression) and storage of data, and at the individual request of a
recipient of a service”,

and “the E-Commerce Directive” means Directive 2000/31/EC of the
European Parliament and of the Council of 8 June 2000 on certain legal
aspects of information society services, in particular electronic commerce, in
45the Internal Market (Directive on electronic commerce).

(4) “Recipient”, in relation to a service, means a person who, for professional
ends or otherwise, uses an information society service, in particular for the
purposes of seeking information or making it accessible.

(5) “Service provider” means a person providing an information society service.

(6) 5For the purpose of interpreting references in this Schedule to a service
provider who is established in England and Wales or an EEA state—

(a) a service provider is established in England and Wales, or in a
particular EEA state, if the service provider—

(i) effectively pursues an economic activity using a fixed
10establishment in England and Wales, or that EEA state, for an
indefinite period, and

(ii) is a national of an EEA state or a company or firm mentioned
in Article 54 of the Treaty on the Functioning of the European
Union;

(b) 15the presence or use in a particular place of equipment or other
technical means of providing an information society service does
not, of itself, constitute the establishment of a service provider;

(c) where it cannot be determined from which of a number of
establishments a given information society service is provided, that
20service is to be regarded as provided from the establishment at the
centre of the service provider‘s activities relating to that service.

Section 38

SCHEDULE 9 Secure colleges etc: further amendments

Prison Act 1952 (c. 52)Prison Act 1952 (c. 52)

1 25The Prison Act 1952 is amended as follows.

2 In section 37(4) (closing of prisons etc), for “or secure training centre”
substitute “, secure training centre or secure college”.

3 (1) Section 47 (rules for the management of prisons etc) is amended as follows.

(2) In subsection (1), for “or secure training centres respectively” substitute “,
30secure training centres or secure colleges”.

(3) In subsection (1A)(a), after “secure training centres” insert “, secure
colleges”.

(4) In subsection (4A)—

(a) for “the inspection of secure training centres and” substitute “—

(a) 35the inspection of secure training centres and secure
colleges, and

(b)”,

(b) for “visit secure training centres” substitute “visit them”, and

(c) for “detained in secure training centres” substitute “detained there”.

(5) 40In subsection (5), for “or secure training centre” substitute “, secure training
centre or secure college”.

(6) For the heading of that section substitute “Rules for the management of
prisons and places for the detention of young offenders”.

4 In section 49(5) (persons unlawfully at large: definition of “youth detention
accommodation”), after paragraph (b) (but before “or”) insert—

“(ba) 5a secure college;”.

Criminal Justice Act 1961 (c. 39)1961 (c. 39)

5 The Criminal Justice Act 1961 is amended as follows.

6 In section 23(4) (prison rules), after “a young offender institution” insert “, a
secure college,”.

7 10In section 38(3)(a) (construction of references to sentence of imprisonment
etc)—

(a) for “young offenders” substitute “young offender”, and

(b) after “secure training centre” insert “or secure college”.

Criminal Justice Act 1982 (c. 48)Criminal Justice Act 1982 (c. 48)

8 (1) 15Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is
amended as follows.

(2) In subsection (1)(a)—

(a) omit “under section 225 of the Criminal Justice Act 2003”, and

(b) omit “under section 226A or 227 of that Act”.

(3) 20For subsection (1A) substitute—

“(1A) In this section—

(a) references to a sentence of imprisonment include a sentence
of detention (other than a sentence of service detention
within the meaning of the Armed Forces Act 2006), including
25a detention and training order and an order under section 211
of the Armed Forces Act 2006;

(b) references to a sentence of imprisonment for life include
custody for life and detention at Her Majesty’s pleasure;

(c) references to a sentence of imprisonment for public
30protection are to a sentence under section 225 or 226 of the
Criminal Justice Act 2003, including a sentence passed as a
result of section 219 or 221 of the Armed Forces Act 2006;

(d) references to an extended sentence are to a sentence under
section 226A, 226B, 227 or 228 of the Criminal Justice Act
352003, including a sentence passed as a result of section 219A,
220, 221A or 222 of the Armed Forces Act 2006;

(e) references to prison include youth detention accommodation
(within the meaning of section 107(1) of the Powers of
Criminal Courts (Sentencing) Act 2000).”

(4) 40In subsection (6), omit “not within subsection (5) above”.

(5) After subsection (6) insert—

“(6A) Subsection (6) does not apply—

(a) where the person is within subsection (5), or

(b) where the sentence is a detention and training order or a
sentence under section 211 of the Armed Forces Act 2006.”

(6) Omit subsections (7) and (7A).

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

9 5In section 17(1)(cb)(i) of the Police and Criminal Evidence Act 1984 (entry for
purpose of arrest etc), for the words from “remand centre” to “secure
training centre” substitute “young offender institution, secure training
centre or secure college”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

10 10In paragraph 13(2) of Schedule 4A to the Water Industry Act 1991 (premises
not to be disconnected for non-payment of a charge)—

(a) in paragraph (b), omit the words from “within” to “, or”, and

(b) after that paragraph insert—

“(ba) a secure college, or”.

15Prisoners (Return to Custody) Act 1995 (c. 16)1995 (c. 16)

11 In section 1(2) of the Prisoners (Return to Custody) Act 1995 (remaining at
large after temporary release), after “secure training centre” insert “or secure
college”.

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

12 20In section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(definition of “youth detention accommodation” for the purposes of
detention and training orders), after paragraph (a) insert—

“(aa) a secure college;”.

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

13 25The Children Act 2004 is amended as follows.

14 In section 11(1) (arrangements to safeguard and promote welfare), after
paragraph (l) insert—

“(la) the principal of a secure college in England;”.

15 In section 13(3) (establishment of Local Safeguarding Children Boards), after
30paragraph (i) insert—

“(ia) the principal of a secure college in the area of the authority;”.

16 In section 15(3)(c) (funding of Local Safeguarding Children Boards), after “or
prison” insert “or the principal of a secure college”.

17 In section 25(4A) (co-operation to improve well-being: Wales)—

(a) 35for “Crown or” substitute “Crown,” and

(b) after “director)” insert “or the principal of a secure college”.

18 In section 28(1) (arrangements to safeguard and promote welfare: Wales),
after paragraph (h) insert—

“(ha) the principal of a secure college in Wales;”.

19 In section 31(3) (establishment of Local Safeguarding Children Boards in
Wales), after paragraph (f) insert—

“(fa) the principal of a secure college in the area of the authority;”.

20 In section 33(3)(c) (funding of Local Safeguarding Children Boards in
5Wales), after “or prison” insert “or the principal of a secure college”.

Childcare Act 2006 (c. 21)2006 (c. 21)

21 In section 18(7) of the Childcare Act 2006 (meaning of “childcare”)—

(a) in paragraph (a), omit “or”,

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

(c) 10after paragraph (b) insert—

“(c) a secure college.”

Education and Inspections Act 2006 (c. 40)Education and Inspections Act 2006 (c. 40)

22 (1) Section 146 of the Education and Inspections Act 2006 (inspection of secure
training centres) is amended as follows.

(2) 15In the heading, after “secure training centres” insert “and secure colleges”.

(3) In subsection (1), after “secure training centres” insert “and secure colleges”.

(4) Omit subsection (3).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

23 In section 2(7) of the Corporate Manslaughter and Corporate Homicide Act
202007 (relevant duty of care), in the definition of “custodial institution”, after
“secure training centre,” insert “a secure college,”.

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

24 The Offender Management Act 2007 is amended as follows.

25 In section 1(4) (meaning of “the probation purposes”), in the definition of
25“prison”, for “and a secure training centre” substitute “, a secure training
centre and a secure college”.

26 In section 14(5)(a) (disclosure)—

(a) in sub-paragraph (i), omit “and”,

(b) in sub-paragraph (ii), at the end insert “and”, and

(c) 30after sub-paragraph (ii) insert—

“(iii) secure colleges or persons detained in them;”.

Policing and Crime Act 2009 (c. 26)Policing and Crime Act 2009 (c. 26)

27 In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009
(detention orders), after paragraph (a) insert—

“(aa) 35a secure college;”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

28 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.

29 In section 102(2) (definition of “youth detention accommodation” for the
5purposes of remand), after paragraph (a) insert—

“(aa) a secure college,”.

30 In section 103(1) (arrangements for remand), for “the accommodation in
secure children’s homes, or accommodation within section 102(2)(d), of”
substitute “the provision of accommodation of a kind listed in section 102(2)
10for”.

Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20)2012 (c. 20)

31 (1) Section 4 of the Prisons (Interference with Wireless Telegraphy) Act 2012
(interpretation) is amended as follows.

(2) In subsection (1), in the definition of “relevant institution”, after paragraph
15(d) insert—

“(e) a secure college in England or Wales;”.

(3)
In subsection (2), after paragraph (b) insert—

“(ba) in the case of a secure college in England or Wales, its
principal;”.

20Social Services and Well-being (Wales) Act 2014 (anaw 4)

32 (1) The Social Services and Well-being (Wales) Act 2014 is amended as follows.

(2) In the English language text of section 134(8) (Safeguarding Children Boards
and Safeguarding Adults Boards)—

(a) for “Crown or” substitute “Crown,”, and

(b) 25after “director)” insert “or the principal of a secure college”.

(3) In the Welsh language text of that provision—

(a) for “Goron na” substitute “Goron,”, and

(b) after “cyfarwyddwr)” insert “na phennaeth coleg diogel”.

(4) In the English language text of section 188(1) (interpretation of sections 185
30to 187), in the definition of “youth detention accommodation”, after
paragraph (b) insert—

“(ba) a secure college;”.

(5) In the Welsh language text of that provision, in the definition of “llety cadw
ieuenctid”, after paragraph (b) insert—

“(ba) 35coleg diogel;”.

Section 39

SCHEDULE 10 Contracting out secure colleges

Part 1 Contracting out provision and running of secure colleges

5Power to contract out

1 (1) The Secretary of State may enter into a contract with another person for the
other person to do either or both of the following—

(a) provide a secure college or part of such a college;

(b) run a secure college or part of such a college.

(2) 10The contract may provide for the running of the secure college, or the part of
the college, to be sub-contracted.

(3) In this Schedule—

• “contracted-out secure college” means a secure college or part of a
  secure college in respect of which a contract under this Part of this
  15Schedule is for the time being in force;

• “the contractor”, in relation to a contracted-out secure college, means
  the person who has contracted with the Secretary of State for the
  provision or running (or both) of the college;

• “sub-contractor”, in relation to a contracted-out secure college, means a
  20person who has contracted with the contractor for the running of the
  college or any part of it.

Application of Prison Act 1952 and secure college rules

2 A contracted-out secure college must be run in accordance with—

(a) this Schedule,

(b) 25the Prison Act 1952 as it applies to contracted-out secure colleges by
virtue of section 43 of that Act and this Schedule, and

(c) secure college rules.

Leases and tenancies of land

3 (1) Where the Secretary of State grants a lease or tenancy of land for the
30purposes of a contract under this Part of this Schedule, none of the following
enactments apply to the lease or tenancy—

(a) Part 2 of the Landlord and Tenant Act 1954 (security of tenure);

(b) section 146 of the Law of Property Act 1925 (restrictions on and relief
against forfeiture);

(c) 35section 19 of the Landlord and Tenant Act 1927 (covenants not to
assign etc);

(d) the Landlord and Tenant Act 1988 (consent to assigning etc);

(e) the Agricultural Holdings Act 1986.

(2) In this paragraph—

• 40“lease” includes an underlease;

• “tenancy” includes a sub-tenancy.

Principal

4 (1) The principal of a contracted-out secure college must be a secure college
custody officer who is—

(a) appointed by the contractor, and

(b) 5specially approved for the purposes of this paragraph by the
Secretary of State.

(2) The principal has the functions conferred on the principal by—

(a) the Prison Act 1952 as it applies to contracted-out secure colleges,
and

(b) 10secure college rules.

Monitor

5 (1) Every contracted-out secure college must have a monitor.

(2) The monitor must be a Crown servant appointed by the Secretary of State.

(3) The monitor must—

(a) 15keep the running of the secure college by or on behalf of the principal
under review,

(b) investigate any allegations made against secure college custody
officers performing custodial duties at the secure college or officers
of directly managed secure colleges who are temporarily attached to
20the secure college, and

(c) report to the Secretary of State on the matters described in
paragraphs (a) and (b).

(4) The monitor also has the other functions conferred on the monitor by secure
college rules.

(5) 25The contractor and any sub-contractor must take all reasonable steps to
facilitate the carrying out by the monitor of the functions described in this
paragraph.

(6) They may do so by giving directions to officers of the secure college or
otherwise.

30Officers

6 (1) Section 8 of the Prison Act 1952 (powers of prison officers) does not apply in
relation to officers of a contracted-out secure college.

(2) Sub-paragraph (1) does not affect the powers of an officer of a directly
managed secure college who is temporarily attached to a contracted-out
35secure college.

Officers who perform custodial duties

7 Every officer of a contracted-out secure college who performs custodial
duties at the college must be—

(a) a secure college custody officer, or

(b) 40an officer of a directly managed secure college who is temporarily
attached to the contracted-out secure college.