Police, Crime, Sentencing and Courts Bill (HL Bill 40)

Part 10 continued    

(4)For subsection (4) substitute—

“(4)A person to whom subsection (4A) applies may, for the purpose
described in subsection (2), disclose information to another person to
whom subsection (4A) applies.

(4A)5This subsection applies to—

(a)the responsible authority,

(b)a person specified in subsection (6), and

(c)a person who the responsible authority considers may
contribute to the achievement of the purpose described in
10subsection (2).

(4B)A disclosure under subsection (4) does not breach—

(a)any obligation of confidence owed by the person making the
disclosure, or

(b)any other restriction on the disclosure of information (however
15imposed).

(4C)But subsection (4) does not authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in
determining whether it would do so, the power in that
subsection is to be taken into account), or

(b)20would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016.

(4D)Subsection (4E) applies if a person who may disclose or receive
information by virtue of subsection (4) would not otherwise be a
competent authority for the purposes of Part 3 of the Data Protection
25Act 2018 (law enforcement processing) in relation to the processing by
that person of personal data by virtue of that subsection.

(4E)The person is to be treated as a competent authority for the purposes of
that Part in relation to the processing by that person of personal data by
virtue of subsection (4).

(4F)30But subsection (4E) does not apply to an intelligence service within the
meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of
that Act).

(4G)Subsections (4) to (4F) do not affect any power to disclose information
apart from that conferred by subsection (4).”

(5)35In subsection (6), in the opening words, after “(3)” insert “, (4A)(b)”.

(6)In subsection (9), at the appropriate places insert—

• ““the data protection legislation” has the same meaning as in the
  Data Protection Act 2018 (see section 3 of that Act);”;

• ““involvement in terrorism-related activity” has the same
  40meaning as in the Terrorism Prevention and Investigation
  Measures Act 2011 (see section 4 of that Act);”;

• ““personal data” has the same meaning as in the Data Protection
  Act 2018 (see section 3(2) of that Act);”;

• ““processing” has the same meaning as in the Data Protection Act
  452018 (see section 3(4) of that Act);”.

(7)Section 327 of the Criminal Justice Act 2003 (interpretation of section 325) is
amended in accordance with subsections (8) to (10).

(8)In subsection (3)—

(a)in paragraph (a)—

(i)5for “is” substitute “has been”, and

(ii)after “specified in” insert “Part 1 or 2 of”, and

(b)in paragraph (b)—

(i)in the words before sub-paragraph (i), for “is” substitute “was”,

(ii)in sub-paragraph (i), for “for a term of 12 months or more”
10substitute “that is not for a term of less than 12 months”, and

(iii)after sub-paragraph (v) insert—

“(va)a sentence of custody for life under
section 93 or 94 of the Powers of Criminal
Courts (Sentencing) Act 2000 or under
15section 272 or 275 of the Sentencing
Code,”.

(9)In subsection (4)(a), after “specified in” insert “Part 1 or 2 of”.

(10)After subsection (4A) insert—

“(4B)For the purposes of section 325, a person is a relevant terrorist offender
20if the person falls within one or both of subsections (4C) and (4D).

(4C)A person falls within this subsection if the person is subject to the
notification requirements of Part 4 of the Counter-Terrorism Act 2008.

(4D)A person falls within this subsection if the person has been convicted of
and sentenced for a relevant terrorist offence, or otherwise dealt within
25in relation to such an offence, as described in—

(a)paragraph (a) or (b) of section 45(1) of the Counter-Terrorism
Act 2008,

(b)paragraph (a) or (b) of section 45(2) of that Act,

(c)paragraph (a) or (b) of section 45(3) of that Act, or

(d)30paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act.

(4E)For the purposes of subsection (4D)—

(a)any reference in the Counter-Terrorism Act 2008 to an offence
to which Part 4 of that Act applies is to be read as if it were a
reference to a relevant terrorist offence, and

(b)35any reference in that Act to a hospital order is to be read as if it
included a guardianship order within the meaning of the
Mental Health Act 1983 or the Mental Health (Northern Ireland)
Order 1986 (S.I. 1986/595 (N.I. 4)).

(4F)In subsections (4D) and (4E) “relevant terrorist offence” means—

(a)40an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism
offences punishable with imprisonment for life or for more than
two years),

(b)a service offence as respects which the corresponding civil
offence is so specified, or

(c)45an offence which was determined to have a terrorist connection
(see subsection (4G));

and in paragraph (b) “service offence” and “corresponding civil
offence” have the same meanings as in the Counter-Terrorism Act 2008
(see section 95 of that Act).

(4G)For the purposes of subsection (4F)(c), an offence was determined to
5have a terrorist connection if it was—

(a)determined to have a terrorist connection under—

(i)section 69 of the Sentencing Code (including as applied
by section 238(6) of the Armed Forces Act 2006),

(ii)section 30 of the Counter-Terrorism Act 2008 (in the case
10of an offender sentenced in England and Wales before
the Sentencing Code applied, or an offender sentenced
in Northern Ireland but now capable of posing a risk in
an area in England and Wales), or

(iii)section 32 of that Act (in the case of a person sentenced
15for a service offence before the Sentencing Code
applied), or

(b)proved to have been aggravated by reason of having a terrorist
connection under section 31 of the Counter-Terrorism Act 2008
(in the case of an offender sentenced in Scotland but now
20capable of posing a risk in an area in England and Wales).”

Part 11 Rehabilitation of offenders

164 Rehabilitation of offenders

(1)The Rehabilitation of Offenders Act 1974, as it forms part of the law of England
25and Wales, is amended as follows.

(2)Section 5 (rehabilitation periods for particular sentences) is amended in
accordance with subsections (3) to (12).

(3)In subsection (1) (sentences excluded from rehabilitation)—

(a)for paragraph (b) substitute—

“(b)30any of the following sentences, where the sentence is
imposed for an offence specified in Schedule 18 to the
Sentencing Code (serious violent, sexual and terrorism
offences) or a service offence as respects which the
corresponding offence is so specified—

(i)35a sentence of imprisonment for a term exceeding
4 years;

(ii)a sentence of youth custody for such a term;

(iii)a sentence of detention in a young offender
institution for such a term;

(iv)40a sentence of corrective training for such a term;

(v)a sentence of detention under section 91 of the
Powers of Criminal Courts (Sentencing) Act 2000
for such a term;

(vi)a sentence of detention under section 250 or
45252A of the Sentencing Code for such a term;

(vii)a sentence of detention under section 209 or 224B
of the Armed Forces Act 2006 for such a term;

(viii)a sentence of detention under section 205ZC(5)
or 208 of the Criminal Procedure (Scotland) Act
1995 for such a term;”, and”

(b)in paragraph (d) omit the words from “or a sentence of detention” to the
5end of that paragraph (including the “and” at the end of that
paragraph).

(4)After subsection (1) insert—

“(1ZA)In subsection (1)(b)—

(a)“service offence” means an offence under—

(i)10section 42 of the Armed Forces Act 2006,

(ii)section 70 of the Army Act 1955 or Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957, and

(b)“corresponding offence” means—

(i)in relation to an offence under section 42 of the Armed
15Forces Act 2006, the corresponding offence under the
law of England and Wales within the meaning of that
section;

(ii)in relation to an offence under section 70 of the Army
Act 1955 or the Air Force Act 1955, the corresponding
20civil offence within the meaning of that Act;

(iii)in relation to an offence under section 42 of the Naval
Discipline Act 1957, the civil offence within the meaning
of that section.

(1ZB)Section 48 of the Armed Forces Act 2006 (supplementary provisions
25relating to ancillary service offences) applies for the purposes of
subsection (1ZA)(b)(i) as it applies for the purposes of the provisions of
that Act referred to in subsection (3)(b) of that section.”

(5)In subsection (2) (rehabilitation periods), in the words before paragraph (a), for
“(3) and” substitute “(2A) to”.

(6)30In the table in subsection (2)(b) (rehabilitation periods)—

(a)for the three rows relating to custodial sentences substitute—

(b)omit the row relating to a community or youth rehabilitation order.

(7)After subsection (2) (and after the table in subsection (2)(b)) insert—

“(2A)10Subsection (2B) applies where provision is made by or under a relevant
order for the order to have effect—

(a)until further order,

(b)until the occurrence of a specified event, or

(c)otherwise for an indefinite period.

(2B)15The rehabilitation period for the order is the period—

(a)beginning with the date of the conviction in respect of which the
order is imposed, and

(b)ending when the order ceases to have effect.”

(8)For subsection (3) (rehabilitation period for community etc order which does
20not provide for the last day on which the order has effect) substitute—

“(3)The rehabilitation period for a relevant order which is not otherwise
dealt with in the Table or under subsections (2A) and (2B) is the period
of 24 months beginning with the date of conviction.”

(9)In subsection (4)(b) (rehabilitation period for other sentences), for “subsection
25(3)” substitute “any of subsections (2A) to (3)”.

(10)In subsection (7), in the words before paragraph (a), for “For” substitute
“Subject to subsection (7A), for”.

(11)After subsection (7) insert—

“(7A)Subsection (7)(a) or (b) does not apply for the purposes of determining
30whether a sentence is excluded from rehabilitation by virtue of
subsection (1)(b).

(7B)For the purposes of this section, a sentence imposed as mentioned in
subsection (7)(f) for an offence—

(a)under the law of Scotland, Northern Ireland or a country or
35territory outside the United Kingdom, and

(b)which would have constituted an offence specified in Schedule
18 to the Sentencing Code if it had been committed in England
and Wales,

is to be treated as an offence specified in that Schedule (and for this
40purpose an act punishable under the law in force in a country or
territory outside the United Kingdom constitutes an offence under that
law, however it is described in that law).”

(12)In subsection (8) (interpretation), in the definition of “relevant order”—

(a)before paragraph (a) insert—

“(za)a community or youth rehabilitation order,”, and”

(b)for paragraph (g) substitute—

“(g)any order which—

(i)imposes a disqualification, disability,
5prohibition, penalty, requirement or restriction,
or

(ii)is otherwise intended to regulate the behaviour
of the person convicted,

and is not otherwise dealt with in the Table,”.

(13)10In section 6(5) (the rehabilitation period applicable to a conviction), for the
words from “by virtue of” to “or other penalty” substitute “to an order within
paragraph (g) of the definition of “relevant order” in section 5(8) above”.

(14)In section 7(1)(d) (limitations on rehabilitation under the Act), for “or other
penalty” substitute “, penalty, requirement, restriction or other regulation of
15the person’s behaviour”.

(15)In paragraph 5(b) of Schedule 2 (protection for spent cautions), after
“prohibition” insert “, requirement”.

(16)This section applies in relation to convictions before the day on which this
section comes into force (“the commencement day”) as well as in relation to
20convictions on or after that day.

(17)The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to
convictions before the commencement day as if the amendments made by this
section had always had effect.

(18)Where by virtue of subsection (17)—

(a)25a person would, before the commencement day, have been treated for
the purposes of the 1974 Act as a rehabilitated person in respect of a
conviction, or

(b)a conviction would, before that day, have been treated for the purposes
of that Act as spent,

30the person or conviction concerned is (subject to any order made by virtue of
section 4(4) or 7(4) of that Act) to be so treated on and after that day.

Part 12 Procedures in courts and tribunals

Juries

165 35British Sign Language interpreters for deaf jurors

(1)The Juries Act 1974 is amended as follows.

(2)After section 9B insert—

“9C British Sign Language interpreters for deaf jurors

(1)For the purpose of section 9B(2), in determining whether or not a
40person who is deaf should act as a juror, the judge must consider
whether the assistance of a British Sign Language interpreter would
enable that person to be capable of acting effectively as a juror.

(2)Where the judge considers that the assistance of a British Sign
Language interpreter would enable the person to be capable of acting
effectively as a juror, the judge may appoint one or more interpreters to
provide that assistance, and affirm the summons.

(3)5An interpreter appointed under subsection (2) may remain with the
jury in the course of their deliberations in proceedings before a court for
the purpose of enabling the person the interpreter is assisting to act
effectively as a juror.

(4)The interpreter must not interfere in or influence the deliberations of
10the jury (see section 20I as to the offence).”

(3)After section 20G insert—

“20H Application of certain provisions to British Sign Language
interpreters

(1)Section 12(1) and (2) (challenge for cause) apply to an interpreter
15appointed under section 9C(2) as those provisions apply to jurors.

(2)Section 15A (surrender of electronic communications devices) applies
to an interpreter appointed under section 9C(2) as it applies to
members of a jury.

(3)Section 20A (offence of research by jurors) applies to an interpreter
20appointed under section 9C(2) as it applies to members of a jury with
the modification that the reference to “the trial period” in subsection (5),
in relation to an interpreter, is the period—

(a)beginning when the interpreter is appointed under section
9C(2), and

(b)25ending when the judge discharges the jury or, if earlier, when
the judge discharges the interpreter.

(4)Section 20B (offence of sharing research with other jurors) applies to an
interpreter appointed under section 9C(2) as it applies to members of a
jury, but the references in section 20B to “section 20A” and “the trial
30period” are to be read as references to “section 20A” and “the trial
period” as modified by subsection (3) of this section.

(5)In the following provisions of section 20F (exceptions to offence of
disclosing jury deliberations), the references to the conduct of a juror
include the conduct of an interpreter appointed under section 9C(2)—

(a)35subsection (1)(b)(ii);

(b)subsection (4)(b);

(c)subsection (5).

20I Offence: interpreters interfering in or influencing jury deliberations

(1)It is an offence for an interpreter appointed under section 9C(2)
40intentionally to interfere in or influence the deliberations of the jury in
proceedings before a court.

(2)A person guilty of an offence under this section is liable, on conviction
on indictment, to imprisonment for a term not exceeding 2 years or a
fine (or both).

(3)45Proceedings for an offence under this section may only be instituted by
or with the consent of the Attorney General.”

(4)In section 22(A1) (offences which do not affect contempt of court at common
law) for “or 20C” substitute “, 20C or 20I”.

166 Continuation of criminal trial on death or discharge of a juror

(1)In section 16 of the Juries Act 1974 (continuation of criminal trial on death or
5discharge of juror)—

(a)in subsection (1) for “subsections (2) and (3)” substitute “subsection
(3)”, and

(b)omit subsection (2) (trials for offences punishable with death).

Transmission and recording of court and tribunal proceedings

167 10Remote observation and recording of court and tribunal proceedings

(1)In the Courts Act 2003, after section 85 insert—

“Part 7A Transmission and recording of court proceedings

Remote observation and recording

85A 15Remote observation and recording of proceedings by direction of the
court

(1)This section applies to proceedings in any of the following courts—

(a)the Court of Appeal;

(b)the High Court;

(c)20the Crown Court;

(d)the Court of Protection;

(e)the county court;

(f)the family court;

(g)a magistrates’ court;

(h)25a coroner’s court.

(2)If the proceedings are specified under subsection (8)(a), the court may
direct that images or sounds of the proceedings are to be transmitted
electronically for the purpose of enabling persons not taking part in the
proceedings to watch or listen to the proceedings.

(3)30A direction under subsection (2) may authorise only the following
types of transmission—

(a)transmission to designated live-streaming premises, or

(b)transmission to which individuals are given access only having
first identified themselves to the court (or to a person acting on
35behalf of the court).

(4)In subsection (3)(a), “designated live-streaming premises” means
premises that are designated by the Lord Chancellor as premises that
are made available for members of the public to watch or listen to
proceedings in accordance with directions under subsection (2).

(5)40A direction under subsection (2) may include further provision about—

(a)the manner of transmission, or

(b)the persons who are to be able to watch or listen to the
transmission (including provision making that ability subject to
conditions, or aimed at preventing persons who are not meant
5to watch or listen from being able to do so).

(6)If images or sounds of the proceedings are transmitted electronically
(whether under a direction under subsection (2) or any other power),
the court may direct that a recording of the transmission is to be made,
in the manner specified in the direction, for the purpose of enabling the
10court to keep a record of the proceedings.

(7)A direction under subsection (2) or (6)—

(a)may relate to the whole, or to part, of the proceedings
concerned, and

(b)may be varied or revoked.

(8)15The Lord Chancellor may, by regulations made with the concurrence of
the Lord Chief Justice—

(a)specify proceedings (by reference to their type, the court in
which they take place, or any other circumstance) in relation to
which directions under subsection (2) may be made;

(b)20specify matters of which the court must be satisfied before
deciding to make such a direction;

(c)specify matters that the court must take into account when
deciding whether, and on what terms, to make such a direction;

(d)require directions under subsection (2) to include certain
25provision under subsection (5).

(9)Regulations under subsection (8) may make different provision for
different purposes.”

(2)Part 1 of Schedule 19 makes provision in relation to certain tribunals
corresponding to that made by subsection (1).

(3)30In section 41 of the Criminal Justice Act 1925 (prohibition of photography etc
in court)—

(a)after subsection (1) insert—

“(1ZA)Subsection (1) does not apply to anything done in accordance
with a direction under—

(a)35section 85A of the Courts Act 2003 (remote observation
and recording of court proceedings),

(b)section 12ZA or 32A of the Employment Tribunals Act
1996 (remote observation and recording of employment
tribunal proceedings),

(c)40section 15A of the Enterprise Act 2002 (remote
observation and recording of proceedings in the
Competition Appeal Tribunal), or

(d)section 29ZA of the Tribunals, Courts and Enforcement
Act 2007 (remote observation and recording of
45proceedings in the First-tier Tribunal or Upper
Tribunal).”;

(b)in subsection (1A), after “provide for” insert “further”.

(4)In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))

(prohibition of photography etc in court), after subsection (1) insert—

“(1A)Subsection (1) does not apply to anything done in accordance with a
direction under—

(a)section 15A of the Enterprise Act 2002 (remote observation and
5recording of proceedings in the Competition Appeal Tribunal),
or

(b)section 29ZA of the Tribunals, Courts and Enforcement Act
2007 (remote observation and recording of proceedings in the
First-tier Tribunal or Upper Tribunal).”

(5)10In section 9 of the Contempt of Court Act 1981 (prohibition of tape recording
etc), after subsection (4) insert—

“(4A)This section does not apply to anything done in accordance with a
direction under—

(a)section 85A of the Courts Act 2003 (remote observation and
15recording of court proceedings in England and Wales),

(b)section 12ZA or 32A of the Employment Tribunals Act 1996
(remote observation and recording of employment tribunal
proceedings in England and Wales or Scotland),

(c)section 15A of the Enterprise Act 2002 (remote observation and
20recording of proceedings in the Competition Appeal Tribunal),
or

(d)section 29ZA of the Tribunals, Courts and Enforcement Act
2007 (remote observation and recording of proceedings in the
First-tier Tribunal or Upper Tribunal).”

(6)25In section 108(3) of the Courts Act 2003 (regulations and orders under that Act
subject to affirmative procedure), after paragraph (c) insert—

“(ca)regulations under section 85A(8) (provision about directions for
remote observation of court proceedings);”.

168 Offence of recording or transmission in relation to remote proceedings

(1)30In the Courts Act 2003, after section 85A (inserted by section 167) insert—

“Offence of recording or transmission

85B Offence of recording or transmission in relation to remote proceedings

(1)It is an offence for a person to make, or attempt to make—

(a)an unauthorised recording, or

(b)35an unauthorised transmission,

of an image or sound within subsection (2) or (3).

(2)An image or sound is within this subsection if it is an image or sound
of court proceedings that is being transmitted to the place where the
recording or transmission referred to in subsection (1) is made or
40attempted to be made.

(3)An image or sound is within this subsection if it is an image or sound
of a person while that person is remotely attending court proceedings.

(4)A person is remotely attending court proceedings at any time when the
person—