Criminal Justice and Courts Bill (HL Bill 49)

8 A secure college custody officer performing custodial duties at a contracted-
out secure college has the following duties in relation to persons detained
there—

(a) to prevent their escape from lawful custody,

(b) 5to prevent, or detect and report on, the commission or attempted
commission by them of other unlawful acts,

(c) to ensure good order and discipline on their part, and

(d) to attend to their well-being.

9 (1) A secure college custody officer performing custodial duties at a contracted-
10out secure college may search the following in accordance with secure
college rules—

(a) a person who is detained in the secure college,

(b) any other person who is in the secure college or who is seeking to
enter the secure college, and

(c) 15an article in the possession of a person described in paragraph (b).

(2) The power under sub-paragraph (1)(b) does not include power to require a
person to submit to an intimate search (within the meaning of section 164(5)
of the Customs and Excise Management Act 1979).

10 If authorised to do so by secure college rules, a secure college custody officer
20may use reasonable force where necessary in carrying out functions under
paragraph 8 or 9.

11 (1) This paragraph applies where a secure college custody officer performing
custodial duties at a contracted-out secure college has reason to believe that
a person who is in the college or seeking to enter the college, other than a
25person detained there, is committing or has committed an offence under any
of sections 39 to 40D of the Prison Act 1952.

(2) The officer may require the person to wait with the officer for the arrival of
a constable for such period as is necessary, except that the person may not
be required to wait for longer than 2 hours.

(3) 30The officer may use reasonable force to prevent the person from making off
during that period.

(4) A person who makes off during that period is guilty of an offence and liable,
on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5) In sub-paragraph (1), the reference to an offence under any of sections 39 to
3540D of the Prison Act 1952 (a “1952 Act offence”) includes—

(a) an offence of attempting to commit a 1952 Act offence,

(b) an offence of conspiracy to commit a 1952 Act offence, and

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging
or assisting crime) in relation to which a 1952 Act offence is the
40offence which the person intended or believed would be committed.

Intervention by Secretary of State

12 (1) This paragraph applies where it appears to the Secretary of State that—

(a) the principal of a contracted-out secure college has lost effective
control of the secure college or a part of it or is likely to do so, and

(b) it is necessary for the Secretary of State to exercise the power under
sub-paragraph (2) in the interests of preserving a person’s safety or
preventing serious damage to property.

(2) The Secretary of State may appoint a Crown servant (the “appointed
5person”) to act as principal of the secure college for the period—

(a) beginning at the time specified in the appointment, and

(b) ending at the time specified in the notice of termination under sub-
paragraph (4).

(3) During that period—

(a) 10all of the functions of the principal or monitor are to be carried out
by the appointed person,

(b) the contractor and any sub-contractor must take all reasonable steps
to facilitate the carrying out by the appointed person of those
functions, and

(c) 15the officers of the secure college must comply with any directions
given by the appointed person in carrying out those functions.

(4) The Secretary of State must, by notice to the appointed person, terminate the
person’s appointment if satisfied that—

(a) the person has secured effective control of the secure college or, as
20the case may be, the relevant part of it, and

(b) the person’s appointment is no longer necessary as mentioned in
sub-paragraph (1)(b).

(5) The Secretary of State must—

(a) give notice of an appointment under this paragraph to the persons
25listed in sub-paragraph (6) as soon as practicable after making the
appointment, and

(b) give a copy of a notice of termination of such an appointment to
those persons as soon as practicable after terminating it.

(6) Those persons are—

(a) 30the contractor,

(b) any sub-contractor,

(c) the principal, and

(d) the monitor.

Obstruction etc of secure college custody officers

13 (1) 35A person who resists or wilfully obstructs a secure college custody officer
performing custodial duties at a contracted-out secure college commits an
offence.

(2) A person who commits an offence under this paragraph is liable, on
summary conviction, to a fine not exceeding level 3 on the standard scale.

40Assault of secure college custody officers

14 (1) A person who assaults a secure college custody officer performing custodial
duties at a contracted-out secure college commits an offence.

(2) A person who commits an offence under this paragraph is liable, on
summary conviction, to imprisonment for a term not exceeding 51 weeks or
a fine (or both).

(3) In relation to an offence committed before the commencement of section
5281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to
51 weeks is to be read as a reference to 6 months.

(4) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (2) to a fine is to be read as a reference to a fine
10not exceeding level 5 on the standard scale.

Wrongful disclosure of information relating to persons in youth detention accommodation

15 (1) A person who is or has been employed at a contracted-out secure college
(whether as a secure college custody officer or otherwise) commits an
offence if the person discloses information—

(a) 15which the person acquired in the course of the employment, and

(b) which relates to a particular person detained in youth detention
accommodation.

(2) It is not an offence under this paragraph for a person to disclose
information—

(a) 20in the course of the person’s duty, or

(b) when authorised to do so by the Secretary of State.

(3) A person who commits an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both), and

(b) 25on summary conviction, to imprisonment for a term not exceeding 12
months or a fine (or both).

(4) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in sub-paragraph (3)(b) to 12
months is to be read as a reference to 6 months.

(5) 30In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine
not exceeding the statutory maximum.

Part 2 35Certification of secure college custody officers

Meaning of “secure college custody officer”

16 In this Schedule, “secure college custody officer” means a person in respect
of whom a certificate under this Part of this Schedule is for the time being in
force certifying that the person has been approved by the Secretary of State
40for the purposes of performing custodial duties at secure colleges.

Issue of certificate

17 (1) The Secretary of State may, on an application by a person, issue a certificate
in respect of the person if satisfied that the person—

(a) is a fit and proper person to perform custodial duties at secure
5colleges, and

(b) has received training to such standard as the Secretary of State
considers appropriate for the performance of those functions.

(2) The certificate must state that it is to cease to be in force on a date or on the
occurrence of an event.

(3) 10Once issued, the certificate continues in force until that date or event, subject
to any previous suspension or revocation under paragraph 18 or 19.

Suspension of certificate

18 (1) This paragraph applies where—

(a) in the case of a secure college custody officer performing custodial
15duties at a contracted-out secure college, it appears to the monitor of
the college that the officer is not a fit and proper person to perform
such duties at secure colleges, or

(b) in the case of a secure college custody officer performing contracted-
out functions at a directly managed secure college, it appears to the
20principal of the college that the officer is not a fit and proper person
to perform custodial duties at secure colleges.

(2) The monitor or principal may—

(a) refer the matter to the Secretary of State for a decision under
paragraph 19, and

(b) 25in circumstances prescribed by regulations made by the Secretary of
State, suspend the officer’s certificate pending that decision.

(3) Regulations under this paragraph may—

(a) prescribe different circumstances for different cases;

(b) include transitional, transitory or saving provision.

(4) 30Regulations under this paragraph are to be made by statutory instrument.

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

Revocation of certificate

19 35Where it appears to the Secretary of State that a secure college custody
officer is not a fit and proper person to perform custodial duties at secure
colleges, the Secretary of State may revoke the officer’s certificate.

Part 3 Contracting out functions at directly managed secure colleges

Power to contract out functions at directly managed secure college

20 (1) The Secretary of State may enter into a contract with another person for
5functions to be carried out at a directly managed secure college by secure
college custody officers provided by that person.

(2) In this Schedule, “contracted-out functions” means any functions which, by
virtue of a contract under this paragraph, fall to be performed by secure
college custody officers.

10Powers of officers carrying out contracted-out functions

21 Paragraphs 6(1) and 8 to 11 apply in relation to a secure college custody
officer carrying out contracted-out functions at a directly managed secure
college as they apply in relation to a secure college custody officer carrying
out functions at a contracted-out secure college.

22 15In relation to a directly managed secure college, the reference to an officer of
the prison in section 13(2) of the Prison Act 1952 (legal custody of prisoners),
as it applies to secure colleges, includes a reference to a secure college
custody officer performing custodial duties at the secure college in
accordance with a contract under paragraph 20.

20Obstruction etc of secure college custody officers

23 (1) A person who resists or wilfully obstructs a secure college custody officer
performing contracted-out functions at a directly managed secure college
commits an offence.

(2) A person who commits an offence under this paragraph is liable, on
25summary conviction, to a fine not exceeding level 3 on the standard scale.

Assault of secure college custody officers

24 (1) A person who assaults a secure college custody officer performing
contracted-out functions at a directly managed secure college commits an
offence.

(2) 30A person who commits an offence under this paragraph is liable, on
summary conviction, to imprisonment for a term not exceeding 51 weeks or
a fine (or both).

(3) In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to
3551 weeks is to be read as a reference to 6 months.

(4) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (2) to a fine is to be read as a reference to a fine
not exceeding level 5 on the standard scale.

Wrongful disclosure of information relating to persons in youth detention accommodation

25 (1) A person who is or has been employed to perform contracted-out functions
at a directly managed secure college commits an offence if the person
discloses any information—

(a) 5which the person acquired in the course of the employment, and

(b) which relates to a particular person detained in youth detention
accommodation.

(2) It is not an offence under this paragraph for a person to disclose
information—

(a) 10in the course of the person’s duty, or

(b) when authorised to do so by the Secretary of State.

(3) A person who commits an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both), and

(b) 15on summary conviction, to imprisonment for a term not exceeding 12
months or a fine (or both).

(4) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in sub-paragraph (3)(b) to 12
months is to be read as a reference to 6 months.

(5) 20In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine
not exceeding the statutory maximum.

Supplementary

26 25The references in paragraphs 20, 21 and 22 to the carrying out of functions
or the performance of custodial duties at a secure college include references
to the carrying out of functions or the performance of such duties for the
purposes of, or for purposes connected with, a secure college.

Part 4 30Definitions

27 In this Schedule—

• “contracted-out functions” has the meaning given in paragraph 20;

• “contracted-out secure college” has the meaning given in paragraph 1;

• “the contractor”, in relation to a contracted-out secure college, has the
  35meaning given in paragraph 1;

• “directly managed secure college” means a secure college which is not
  a contracted-out secure college;

• “secure college custody officer” has the meaning given in paragraph 16;

• “secure college rules” means rules made under section 47 of the Prison
  40Act 1952 for the regulation and management of secure colleges;

• “sub-contractor”, in relation to a contracted-out secure college, has the
  meaning given in paragraph 1.

Part 5 Further amendments

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

28 In section 52 of the Prison Act 1952 (exercise of power to make rules etc),
5after subsection (3) insert—

“(4) A statutory instrument containing rules under section 47 or 47A is
subject to annulment in pursuance of a resolution of either House of
Parliament, subject to subsection (5).

(5) A statutory instrument containing rules under section 47 that
10(whether alone or with other provision)—

(a) authorise a secure college custody officer performing
custodial duties at a secure college to use reasonable force, or

(b) otherwise make a substantive change to the circumstances in
which such an officer is authorised to do so,

15may 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 subsection (5), “secure college custody officer” has the same
meaning as in Schedule 10 to the Criminal Justice and Courts Act
2014.”

20Criminal Justice Act 1967 (c. 80)Criminal Justice Act 1967 (c. 80)

29 Omit section 66(4) of the Criminal Justice Act 1967 (exercise of powers to
make rules under sections 47 and 47A of the Prison Act 1952).

Firearms Act 1968 (c. 27)1968 (c. 27)

30 (1) Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that
25Act applies) is amended as follows.

(2) After paragraph 6 insert—

“6A An offence under paragraph 14 or 24 of Schedule 10 to the
Criminal Justice and Courts Act 2014 (assaulting secure college
custody officer).”

(3) 30In paragraph 8, for “6” substitute “6A”.

Criminal Justice Act 1988 (c. 33)1988 (c. 33)

31 In section 40(3) of the Criminal Justice Act 1988 (powers to join in indictment
count for certain offences), after paragraph (ab) insert—

“(ac) an offence under paragraph 14 or 24 of Schedule 10 to the
35Criminal Justice and Courts Act 2014 (assaulting secure
college custody officer);”.

Private Security Industry Act 2001 (c. 12)2001 (c. 12)

32 In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001
(manned guarding activities not liable to control), after paragraph (c)

insert—

“(cza) activities that are carried out for the purposes of the
performance of a contract entered into under, or for the
purposes of, paragraph 1 of Schedule 10 to the Criminal
5Justice and Courts Act 2014 (contracting out of secure
colleges) or paragraph 20 of that Schedule (contracted-out
functions at directly managed secure colleges);”.

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

33 The Children Act 2004 is amended as follows.

34 10In section 15(3) (funding of Local Safeguarding Children Boards)—

(a) in paragraph (c), after “principal of a” insert “directly managed”, and

(b) in paragraph (d), after “or prison” insert “or the principal of a
contracted-out secure college”.

35 In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—

(a) 15in paragraph (c), after “principal of a” insert “directly managed”, and

(b) in paragraph (d), after “or prison” insert “or the principal of a
contracted-out secure college”.

36 (1) Section 65 (interpretation) is amended as follows.

(2) In subsection (3), at the end insert—

“(d) 20references to a directly managed secure college and to a
contracted-out secure college, and to the contractor in
relation to a contracted-out secure college, have the meanings
given by paragraph 27 of Schedule 10 to the Criminal Justice
and Courts Act 2014.”

(3) 25In subsection (4)—

(a) in paragraph (a), omit “or”,

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

(c) after paragraph (b) insert—

“(c) a contract under paragraph 1 of Schedule 10 to the
30Criminal Justice and Courts Act 2014 is for the time
being in force in relation to part of a secure college”,
and”

(d) for “or prison” substitute “, prison or secure college”.

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

37 35In section 14(9) of the Offender Management Act 2007 (disclosure)—

(a) in paragraph (a), after sub-paragraph (ii) insert—

“(iii) a secure college under paragraph 1 of
Schedule 10 to the Criminal Justice and Courts
Act 2014;”;

(b) 40in paragraph (a), for “section in question” substitute “provision in
question”;

(c) in paragraph (b)(ii), omit the words from “for offenders” to the end.

Section 49

SCHEDULE 11 Trial by single justice on the papers: further amendments

Criminal Law Act 1977 (c. 45)Criminal Law Act 1977 (c. 45)

1 (1) Section 39 of the Criminal Law Act 1977 (service of summons etc) is
5amended as follows.

(2) In subsection (1), after paragraph (c) (but before “and”) insert—

“(ca) a single justice procedure notice (within the meaning of that
section) requiring a person charged with an offence to serve
a written notification stating—

(i) 10whether or not the person desires to plead guilty, and

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

(3) In subsection (1)(d), for “or (c)” substitute “, (c) or (ca)”.

(4) 15After subsection (1) insert—

“(1A) The documents falling within subsection (1)(a) include a summons
directed to a person that is issued after the person’s trial has begun.”

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

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

3 (1) 20Section 1 (issue of summons to accused etc) is amended as follows.

(2) In subsection (4A), for “public prosecutor” substitute “relevant prosecutor
authorised to issue requisitions”.

(3) Omit subsection (4B).

(4) In subsection (6A), for “public prosecutor” substitute “relevant prosecutor”.

4 25In section 11 (non-appearance of accused: general provisions), after
subsection (5) insert—

“(5A) Subsection (4) does not apply in relation to proceedings adjourned
under section 16C(3)(a) because of section 16C(2) (adjournment of a
section 16A trial because the accused indicates a wish to make
30representations).”

5 In section 123 (defect in process), after subsection (2) insert—

“(3) In the application of this section to proceedings conducted in
accordance with section 16A—

(a) a reference in subsection (1) or (2) to evidence adduced on
35behalf of the prosecutor at a hearing is to be read as a
reference to evidence placed before the court on behalf of the
prosecutor, and

(b) subsection (2) is to be read as if for the words from “has been
misled” to the end there were substituted “is likely to have
40been misled by the variance, the court shall treat the written

charge as not being appropriate for trial in accordance with
section 16A”.”

6 In section 150(1) (interpretation of other terms)—

(a) omit the entry for “public prosecutor”, “requisition” and “written
5charge”, and

(b) at the appropriate places insert—

• ““relevant prosecutor” has the meaning given by section
  29 of the Criminal Justice Act 2003;”,

• ““requisition” has the meaning given by section 29 of the
  10Criminal Justice Act 2003;”,

• ““single justice procedure notice” has the meaning given
  by section 29 of the Criminal Justice Act 2003;”, and

• ““written charge” has the meaning given by section 29 of
  the Criminal Justice Act 2003;”.

15Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

7 (1) Section 15 of the Prosecution of Offences Act 1985 (interpretation of Part 1)
is amended as follows.

(2) In subsection (1)—

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

(b) 20after ““requisition”” insert “, “single justice procedure notice””.

(3) In subsection (2)—

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

(b) after paragraph (ba) insert—

“(bb) 25where a relevant prosecutor issues a written charge
and single justice procedure notice, when the written
charge and single justice procedure notice are
issued;”.

Road Traffic Offenders Act 1988 (c. 53)Road Traffic Offenders Act 1988 (c. 53)

8 30The Road Traffic Offenders Act 1988 is amended as follows.

9 (1) Section 7 (duty of accused to provide licence) is amended as follows.

(2) After subsection (1) insert—

“(1A) Subsection (1B) applies where—

(a) proceedings in relation to an offence involving obligatory or
35discretionary disqualification are instituted by a written
charge and a single justice procedure notice,

(b) the person prosecuted is the holder of a licence, and

(c) after being convicted in proceedings conducted in
accordance with section 16A of the Magistrates’ Courts Act
401980, the person is given the opportunity to make
representations or further representations under section
16C(2)(a) of that Act.

(1B) Where this subsection applies, the person must (instead of
complying with subsection (1))—