Criminal Justice and Courts Bill (HL Bill 49)

(a) an appropriate custodial sentence has been imposed on a
person under subsection (5B), and

(b) a relevant conviction without which subsection (5B) would not
have applied has been subsequently set aside on appeal,

5notice of appeal against the sentence may be given at any time within
28 days from the date on which the conviction was set aside (despite
anything in section 18 of the Criminal Appeal Act 1968 (initiating
procedure)).

(5F) Where an offence is found to have been committed over a period of two
10or more days, or at some time during a period of two or more days, it
shall be taken for the purposes of this section to have been committed
on the last of those days.

(5G) In relation to times before the coming into force of paragraph 180 of
Schedule 7 to the Criminal Justice and Court Services Act 2000, the
15reference in subsection (5C)(a) to a sentence of imprisonment, in
relation to an offender aged under 21 at the time of conviction, is to be
read as a reference to a sentence of detention in a young offender
institution.”

(7) After section 139A insert—

139AZA 20  Offences under sections 139 and 139A: previous relevant
convictions

(1) For the purposes of sections 139 and 139A, “relevant conviction”
means—

(a) a conviction for an offence under—

(i) 25section 1 or 1A of the Prevention of Crime Act 1953, or

(ii) section 139, 139A or 139AA of this Act,

(a “relevant offence”), whenever committed,

(b) a conviction in Scotland, Northern Ireland or a member State
other than the United Kingdom for a civilian offence, whenever
30committed, which would have constituted a relevant offence if
committed in England and Wales at the time of that conviction,

(c) a conviction for an offence under section 42 of the Armed Forces
Act 2006, whenever committed, in respect of which the
corresponding offence under the law of England and Wales
35(within the meaning of that section) is a relevant offence,

(d) a conviction for an offence under section 70 of the Army Act
1955, section 70 of the Air Force Act 1955 or section 42 of the
Naval Discipline Act 1957, whenever committed, in respect of
which the corresponding civil offence (within the meaning of
40the Act in question) is a relevant offence, and

(e) a conviction for a member State service offence, whenever
committed, which would have constituted a relevant offence if
committed in England and Wales at the time of conviction.

(2) In this section—

• 45“civilian offence” means an offence other than—

  (a)

  an offence under an enactment mentioned in subsection
  (1)(c) or (d), or

  (b)

  a member State service offence;

• “conviction” includes—

  Criminal Justice and Courts BillPage 31

  (a)

  in relation to an offence under section 42 of the Armed
  Forces Act 2006, anything which by virtue of section
  376(1) and (2) of that Act is to be treated as a conviction,
  and

  (b)

  5in relation to an offence under section 42 of the Naval
  Discipline Act 1957 and a member State service offence,
  a finding of guilt in respect of the person;

• “member State service offence” means an offence which was the
  subject of proceedings under the law of a member State, other
  10than the United Kingdom, governing all or any of the naval,
  military or air forces of that State.

(3) For the purposes of subsection (1)(c) and (d), where the offence was
committed by aiding, abetting, counselling or procuring, it must be
assumed that the act aided, abetted, counselled or procured was done
15in England and Wales.”

(8) Schedule 5 to this Act contains consequential provision.

29 Offences committed by disqualified drivers

(1) After section 3ZB of the Road Traffic Act 1988 insert—

“3ZC Causing death by driving: disqualified drivers

20A person is guilty of an offence under this section if he or she—

(a) causes the death of another person by driving a motor vehicle
on a road, and

(b) at that time, is committing an offence under section 103(1)(b) of
this Act (driving while disqualified).

3ZD 25Causing serious injury by driving: disqualified drivers

(1) A person is guilty of an offence under this section if he or she—

(a) causes serious injury to another person by driving a motor
vehicle on a road, and

(b) at that time, is committing an offence under section 103(1)(b) of
30this Act (driving while disqualified).

(2) In this section “serious injury” means—

(a) in England and Wales, physical harm which amounts to
grievous bodily harm for the purposes of the Offences against
the Person Act 1861, and

(b) 35in Scotland, severe physical injury.”

(2) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences under the Traffic Acts) at the appropriate place
insert—

(3) In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988
relating to an offence under section 3ZD of the Road Traffic Act 1988—

(a) 20in relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in column 4 to 12
months on summary conviction in England and Wales is to be read as
a reference to 6 months, and

(b) in relation to an offence committed before section 85 of the Legal Aid,
25Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in column 4 to a fine on summary conviction in England and
Wales is to be read as a reference to the statutory maximum.

(4) Schedule 6 to this Act contains further amendments relating to the offences
under sections 3ZC and 3ZD of the Road Traffic Act 1988.

(5) 30The amendments made by this section and Schedule 6 have effect only in
relation to driving which occurs after they come into force.

30 Extension of disqualification where custodial sentence also imposed

(1) In section 35A of the Road Traffic Offenders Act 1988 (extension of
disqualification where custodial sentence also imposed)—

(a) 35in subsection (4)(e) and (f), omit “calculated after that term has been
reduced by any relevant discount”,

(b) in subsection (4)(h), omit “calculated after that sentence has been
reduced by any relevant discount”, and

(c) omit subsection (6) (definition of “relevant discount”).

(2) 40In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000
(extension of disqualification where custodial sentence also imposed)—

(a) in subsection (4)(e) and (f), omit “calculated after that term has been
reduced by any relevant discount”,

(b) in subsection (4)(h), omit “calculated after that sentence has been
reduced by any relevant discount”, and

(c) omit subsection (6) (definition of “relevant discount”).

(3) In consequence of the amendments made by subsections (1) and (2), omit
5paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.

31 Mutual recognition of driving disqualification in UK and Republic of Ireland

(1) Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU
Convention on driving disqualifications) is amended as follows.

(2) 10For the heading of the Chapter substitute “Mutual recognition of driving
disqualification in UK and Republic of Ireland”.

(3) In section 54 (application of duty of the UK to give notice of driving
disqualification)—

(a) in subsection (1), for paragraph (a) substitute—

“(a) 15an individual (“the offender”) is convicted of a
qualifying UK road traffic offence,

(aa) when convicted, the offender—

(i) is normally resident in the Republic of Ireland,
or

(ii) 20is not normally resident in the Republic of
Ireland but holds a Republic of Ireland licence,”,
and”

(b) after subsection (1) insert—

“(1A) A qualifying UK road traffic offence is—

(a) 25an offence under the law of England and Wales or
Scotland mentioned in Schedule 3;

(b) an offence under the law of Northern Ireland mentioned
in Schedule 3A.”

(4) In section 56(1) (application of duty of the UK to recognise driving
30disqualification imposed outside the UK), for paragraph (a) substitute—

“(a) an individual (“the offender”) is convicted in the Republic of
Ireland of an offence described in Schedule 3B,

(aa) when convicted, the offender—

(i) is normally resident in the United Kingdom, or

(ii) 35is not normally resident in the United Kingdom but
holds a Great Britain licence or a Northern Ireland
licence,”.

(5) After section 71 insert—

“71A The specified agreement on driving disqualifications

(1) 40In this Chapter, “the specified agreement on driving disqualifications”
means the agreement specified from time to time by the Secretary of
State by regulations for the purposes of this Chapter.

(2) The Secretary of State may only specify an agreement made—

(a) between the United Kingdom and the Republic of Ireland, and

(b) for the purpose of giving effect in one of those States to
disqualification from driving imposed in the other on
conviction for an offence.

(3) In this section, “disqualification from driving” means disqualification
5from holding or obtaining a licence to drive a motor vehicle.”

(6) In Schedule 7 to this Act—

(a) Part 1 contains further provision for the purpose of implementing an
agreement between the United Kingdom and the Republic of Ireland
on the mutual recognition of driving disqualification;

(b) 10Part 2 contains provision about the transition from the EU Convention
on driving disqualification to that agreement.

32 Sending letters etc with intent to cause distress or anxiety

(1) In section 1 of the Malicious Communications Act 1988 (offence of sending
letters etc with intent to cause distress or anxiety), for subsection (4)
15substitute—

“(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not
exceeding two years or a fine (or both);

(b) on summary conviction to imprisonment for a term not
20exceeding 12 months or a fine (or both).

(5) In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in subsection (4)(b) to 12
months is to be read as reference to six months.

(6) In relation to an offence committed before section 85 of the Legal Aid
25Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in subsection (4)(b) to a fine is to be read as a reference to a
fine not exceeding the statutory maximum.”

(2) The amendment made by this section applies only in relation to an offence
committed on or after the day on which it comes into force.

33 30Disclosing private sexual photographs and films with intent to cause distress

(1) It is an offence for a person to disclose a private sexual photograph or film if
the disclosure is made—

(a) without the consent of an individual who appears in the photograph or
film, and

(b) 35with the intention of causing that individual distress.

(2) But it is not an offence under this section for the person to disclose the
photograph or film to the individual mentioned in subsection (1)(a) and (b).

(3) It is a defence for a person charged with an offence under this section to prove
that he or she reasonably believed that the disclosure was necessary for the
40purposes of preventing, detecting or investigating crime.

(4) It is a defence for a person charged with an offence under this section to show
that—

(a) the disclosure was made in the course of, or with a view to, the
publication of journalistic material, and

(b) he or she reasonably believed that, in the particular circumstances, the
publication of the journalistic material was, or would be, in the public
interest.

(5) It is a defence for a person charged with an offence under this section to show
5that—

(a) he or she reasonably believed that the photograph or film had
previously been disclosed for reward, whether by the individual
mentioned in subsection (1)(a) and (b) or another person, and

(b) he or she had no reason to believe that the previous disclosure for
10reward was made without the consent of the individual mentioned in
subsection (1)(a) and (b).

(6) A person is taken to have shown the matters mentioned in subsection (4) or (5)
if—

(a) sufficient evidence of the matters is adduced to raise an issue with
15respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(7) For the purposes of subsections (1) to (5)—

(a) “consent” to a disclosure includes general consent covering the
disclosure, as well as consent to the particular disclosure, and

(b) 20“publication” of journalistic material means disclosure to the public at
large or to a section of the public.

(8) A person charged with an offence under this section is not to be taken to have
disclosed a photograph or film with the intention of causing distress merely
because that was a natural and probable consequence of the disclosure.

(9) 25A person guilty of an offence under this section is liable—

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

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

(10) 30Schedule 8 makes special provision in connection with the operation of this
section in relation to persons providing information society services.

(11) In relation to an offence committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, the reference in subsection (9)(b) to 12 months is to
be read as a reference to 6 months.

(12) 35In 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 subsection (9)(b) to a fine is to be read as a reference to a fine not
exceeding the statutory maximum.

34 Meaning of “disclose” and “photograph or film”

(1) 40The following apply for the purposes of section 33, this section and section 35.

(2) A person “discloses” something to a person if, by any means, he or she gives or
shows it to the person or makes it available to the person.

(3) Something that is given, shown or made available to a person is disclosed—

(a) whether or not it is given, shown or made available for reward, and

(b) whether or not it has previously been given, shown or made available
to the person.

(4) “Photograph or film” means a still or moving image in any form that—

(a) appears to consist of or include one or more photographed or filmed
5images, and

(b) in fact consists of or includes one or more photographed or filmed
images.

(5) The reference in subsection (4)(b) to photographed or filmed images includes
photographed or filmed images that have been altered in any way.

(6) 10“Photographed or filmed image” means a still or moving image that—

(a) was originally captured by photography or filming, or

(b) is part of an image originally captured by photography or filming.

(7) “Filming” means making a recording, on any medium, from which a moving
image may be produced by any means.

(8) 15References to a photograph or film include—

(a) a negative version of an image described in subsection (4), and

(b) data stored by any means which is capable of conversion into an image
described in subsection (4).

35 Meaning of “private” and “sexual”

(1) 20The following apply for the purposes of section 33.

(2) A photograph or film is “private” if it shows something that is not of a kind
ordinarily seen in public.

(3) A photograph or film is “sexual” if—

(a) it shows all or part of an individual’s exposed genitals or pubic area,

(b) 25it shows something that a reasonable person would consider to be
sexual because of its nature, or

(c) its content, taken as a whole, is such that a reasonable person would
consider it to be sexual.

(4) Subsection (5) applies in the case of —

(a) 30a photograph or film that consists of or includes a photographed or
filmed image that has been altered in any way,

(b) a photograph or film that combines two or more photographed or
filmed images, and

(c) a photograph or film that combines a photographed or filmed image
35with something else.

(5) The photograph or film is not private and sexual if—

(a) it does not consist of or include a photographed or filmed image that is
itself private and sexual,

(b) it is only private or sexual by virtue of the alteration or combination
40mentioned in subsection (4), or

(c) it is only by virtue of the alteration or combination mentioned in
subsection (4) that the person mentioned in section 33(1)(a) and (b) is
shown as part of, or with, whatever makes the photograph or film
private and sexual.

36 Meeting a child following sexual grooming etc

(1) In section 15(1)(a) of the Sexual Offences Act 2003 (meeting a child following
sexual grooming etc), for “on at least two occasions” substitute “on one or more
occasions”.

(2) 5In a case in which person A met or communicated with person B only once
before the event mentioned in section 15(1)(a)(i) to (iii) of the Sexual Offences
Act 2003, an offence under that section is committed only if the meeting or
communication took place after this section comes into force.

37 Possession of pornographic images of rape and assault by penetration

(1) 10Part 5 of the Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In section 63 (possession of extreme pornographic images)—

(a) after subsection (5) insert—

“(5A) In relation to possession of an image in England and Wales, an
“extreme image” is an image which—

(a) 15falls within subsection (7) or (7A), and

(b) is grossly offensive, disgusting or otherwise of an
obscene character.”,

(b) in subsection (6), for “An” substitute “In relation to possession of an
image in Northern Ireland, an”, and

(c) 20after subsection (7) insert—

“(7A) An image falls within this subsection if it portrays, in an explicit
and realistic way, either of the following—

(a) an act which involves the non-consensual penetration of
a person’s vagina, anus or mouth by another with the
25other person’s penis, or

(b) an act which involves the non-consensual sexual
penetration of a person’s vagina or anus by another with
a part of the other person’s body or anything else,

and a reasonable person looking at the image would think that
30the persons were real.

(7B) For the purposes of subsection (7A)—

(a) penetration is a continuing act from entry to
withdrawal;

(b) “vagina” includes vulva.”

(3) 35In section 66 (defence: participation in consensual acts)—

(a) before subsection (1) insert—

“(A1) Subsection (A2) applies where in England and Wales—

(a) a person (“D”) is charged with an offence under section
63, and

(b) 40the offence relates to an image that portrays an act or
acts within subsection (7)(a) to (c) or (7A) of that section
(but does not portray an act within subsection (7)(d) of
that section).

(A2) It is a defence for D to prove—

(a) that D directly participated in the act or any of the acts
portrayed, and

(b) that the act or acts did not involve the infliction of any
non-consensual harm on any person, and

(c) 5if the image portrays an act within section 63(7)(c), that
what is portrayed as a human corpse was not in fact a
corpse, and

(d) if the image portrays an act within section 63(7A), that
what is portrayed as non-consensual penetration was in
10fact consensual.”, and

(b) in subsection (1)—

(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) 15in subsection (2), for “Except where subsection (3) applies to the
offence” 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) 20after subsection (4) insert—

“(5) In 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
2563(7)(a) or (b).”

(5) In 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
30pornographic image” has the meaning given by section 63(2)
and 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
35by section 63(5A);

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

(b) omit paragraph 6(2).

40Part 2 Young offenders

Detention of young offenders

38 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—

“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
5detention of young persons sentenced to detention for an offence or
remanded to custody (or for the detention of a class of such persons)—

(a) young offender institutions,

(b) secure training centres, and

(c) secure colleges.

(2) 10In 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) No female, nor any male under the age of fifteen, may be placed in a
secure college.

(4) Sections 1 to 42A and Schedule A1 (“the prisons provisions”) apply in
15relation to places listed in subsection (1) and to persons detained in
them as they apply to prisons and prisoners, subject to subsections (5)
to (8).

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

(6) 25In their application in relation to secure colleges, the prisons provisions
apply as if references to the governor and deputy governor were
references to the principal and deputy principal.

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

(a) 30as if references to imprisonment included references to
detention in those places, and

(b) subject to any other modifications specified in rules made by the
Secretary of State (but see subsection (8)).

(8) The following provisions, as they apply in relation to the following
35places, may not be modified by rules made under this section—