Criminal Justice and Courts Bill

marshalled list of motions to be moved on consideration of
commons REASONS and AMENDMENTS

[The page and line references are to HL Bill 30, the bill as first printed for the Lords.]

MOTION A

LORDS AMENDMENT 74

Clause 29


74

Page 29, line 36, at end insert—

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


COMMONS REASON


The Commons disagree to Lords Amendment No. 74 for the following reason—


74A

Because it is not appropriate to prevent the detention in secure colleges of males under the
age of 15 and females.

ALord Faulks to move, That this House do not insist on its Amendment 74, to which the Commons have disagreed for their Reason 74A.A1Lord Ramsbotham to move, as an amendment to motion A, leave out from “House” to end and insert “do insist on its Amendment 74”.

MOTION B

LORDS AMENDMENTS 97, 98, 99, 100, 101 and 102

Clause 64

97

Page 64, line 35, leave out “must” and insert “may”

98

Page 64, line 37, leave out “not” and insert “decline to”

99

Page 65, line 10, leave out “must” and insert “may”

100

Page 65, line 13, leave out “must” and insert “may”

101

Page 65, line 33, leave out “must” and insert “may”


102

Page 65, line 40, leave out “must” and insert “may”


COMMONS REASON


The Commons disagree to Lords Amendments Nos. 97, 98, 99, 100, 101 and 102 for the
following reason—


102A

Because it is appropriate to impose duties, rather than to confer discretions, on the High
Court and the Upper Tribunal in connection with judicial review proceedings in which it
is highly likely that the outcome for the applicant would not have been substantially
different if the conduct complained of had not occurred.

BLord Faulks to move, That this House do not insist on its Amendments 97, 98, 99, 100, 101 and 102, to which the Commons have disagreed for their Reason 102A.B1Lord Pannick to move, as an amendment to motion B, at end insert “, but do propose the following amendment in lieu of those Amendments—”

Clause

102B

Page 65, line 46, at end insert—

“( )     The duties of the court or tribunal under section 31(2A), (3B) and (3C) of the
Senior Courts Act 1981, or section 16(3B), (3C) and (3D) of the Tribunals,
Courts and Enforcement Act 2007, are subject to the discretion of the court
or tribunal to act otherwise where it considers it in the public interest to do
so in all the circumstances of the case.”

MOTION C

LORDS AMENDMENTS 103, 104, 105 and 106

Clause 65

103

Page 66, line 10, after “paragraph” insert “or, notwithstanding a failure to do so, the
court in its discretion considers that it is nevertheless appropriate to grant the
applicant leave to make the application for judicial review”

 

104

Page 66, line 32, after “paragraph” insert “or, notwithstanding a failure to do so, the
tribunal in its discretion considers that it is nevertheless appropriate to grant the
applicant permission or leave to apply for relief”


COMMONS REASON


The Commons disagree to Lords Amendments Nos. 103, 104, 105 and 106 for the reason
set out at No. 106A.

Clause 66

105

Page 67, line 1, leave out “must” and insert “may”


106

Page 67, line 7, leave out “must” and insert “may”


COMMONS REASON


The Commons disagree to Lords Amendments Nos. 103, 104, 105 and 106 for the following
reason—


106A

Because it is appropriate to impose duties, rather than confer discretions, on the High
Court, the Upper Tribunal and the Court of Appeal in connection with information about
the financing of applications for judicial review.

CLord Faulks to move, That this House do not insist on its Amendments 103, 104, 105 and 106, to which the Commons have disagreed for their Reason 106A, but do propose the following amendments in lieu of those Amendments—

Clause 65

106B

Page 66, line 21, at end insert—

“(3AA)   Rules of court under subsection (3)(b) that specify information identifying
those who are, or are likely to be, sources of financial support must provide
that only a person whose financial support (whether direct or indirect)
exceeds, or is likely to exceed, a level set out in the rules has to be identified.

This subsection does not apply to rules that specify information described
in subsection (3A)(b).”

106C

Page 66, line 43, at end insert—

“(3AA)   Tribunal Procedure Rules under subsection (3)(b) that specify information
identifying those who are, or are likely to be, sources of financial support
must provide that only a person whose financial support (whether direct
or indirect) exceeds, or is likely to exceed, a level set out in the rules has to
be identified.

This subsection does not apply to rules that specify information described
in subsection (3A)(b).”

C1Lord Pannick to move, as an amendment to motion C, leave out from “House” to end and insert “do insist on its Amendments 103, 104, 105 and 106”.

MOTION D

LORDS AMENDMENT 107

Clause 67

 

107

Page 67, line 25, leave out subsections (2) to (6) and insert—

“( )     The High Court and the Court of Appeal shall have a discretion whether to
order an intervener to pay the costs of a relevant party to the proceedings,
and shall have a discretion whether to order a relevant party to the
proceedings to pay the intervener’s costs.”

COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU


The Commons disagree to Lords Amendment No. 107 and propose Amendments Nos.
107A, 107B, 107C, 107D and 107E in lieu.

107A

Page 67, line 22, leave out subsection (1) and insert—

“(1)     This section applies where—

(a)   a person is granted permission to file evidence or make
representations in judicial review proceedings, and

(b)   at that time, the person is not a relevant party to the proceedings.

(1A)    That person is referred to in this section as an “intervener”.”

107B

Page 67, line 30, leave out subsection (4) and insert—

“(4)     On an application to the High Court or the Court of Appeal by a relevant
party to the proceedings, if the court is satisfied that a condition described
in subsection (4A) is met in a stage of the proceedings that the court deals
with, the court must order the intervener to pay any costs specified in the
application that the court considers have been incurred by the relevant
party as a result of the intervener’s involvement in that stage of the
proceedings.

(4A)    Those conditions are that—

(a)   the intervener has acted, in substance, as the sole or principal
applicant, defendant, appellant or respondent;

(b)   the intervener’s evidence and representations, taken as a whole,
have not been of significant assistance to the court;

(c)   a significant part of the intervener’s evidence and representations
relates to matters that it is not necessary for the court to consider in
order to resolve the issues that are the subject of the stage in the
proceedings;

(d)   the intervener has behaved unreasonably.”

107C

Page 67, line 44, at end insert—

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

107D

Page 68, line 3, leave out from beginning to “directly” in line 6 and insert—

“(a)   a person who is or has been an applicant or defendant in the
proceedings described in subsection (7)(a), (b) or (c);

(b)   a person who is or has been an appellant or respondent in the
proceedings described in subsection (7)(d);

(c)   any other person who is or has been”

107E

Page 68, line 8, at end insert—

“( )     If a person who is an intervener in judicial review proceedings becomes a
relevant party to the proceedings, the person is to be treated for the
purposes of subsections (2) and (4) as having been a relevant party, rather
than an intervener, at all times when involved in the proceedings.”

D
Lord Faulks to move, That this House do not insist on its Amendment 107 and
do agree with the Commons in their Amendments 107A, 107B, 107C, 107D and
107E in lieu thereof.
D1
Lord Pannick to move, as an amendment to motion D, leave out from “House”
to end and insert “do insist on its Amendment 107 to which the Commons have
disagreed and do disagree with the Commons in their Amendments 107A, 107B,
107C, 107D and 107E in lieu thereof”.

Prepared 9th December 2014