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

continued    Part 3 continued    

Section 162

Schedule 18 Management of terrorist offenders: provision consequential on sections 158
to 161

Police and Criminal Evidence Act 1984 (c. 60)

1(1)5The Police and Criminal Evidence Act 1984 is amended as follows.

(2)In section 51(b), after “section 41” insert “or 43B”.

(3)In section 65(1), in the definition of “the terrorism provisions”, for “section
41” substitute “sections 41 and 43B”.

(4)In section 118(2)(a), after “section 41” insert “or 43B”.

10Criminal Justice and Police Act 2001 (c. 16)

2(1)Schedule 1 to the Criminal Justice and Police Act 2001 is amended as follows.

(2)In Part 1, after paragraph 69B insert—

“69CThe power of seizure conferred by section 43E(2) of the Terrorism
Act 2000 (seizure on the occasion of a search necessary for
15purposes connected with protecting members of the public from a
risk of terrorism).”

(3)In Part 2, after paragraph 82A insert—

“82BThe power of seizure conferred by section 43E(2) of the Terrorism
Act 2000 (seizure on the occasion of a search necessary for
20purposes connected with protecting members of the public from a
risk of terrorism).”

Counter-Terrorism Act 2008 (c. 28)

3In section 1(1) of the Counter-Terrorism Act 2008, after paragraph (bb)
insert—

“(bc)25section 43C(1) of that Act (search of terrorist offender
released on licence);

(bd)section 43C(5) of that Act (search of vehicle in connection
with search of terrorist offender released on licence);

(be)section 43D of that Act (search of premises of offender
30released on licence for purposes connected with protection
from risk of terrorism);”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

4(1)The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended as follows.

(2)35In Article 2—

(a)in paragraph (2), in the definition of “the terrorism provisions”, for
“section 41” substitute “sections 41 and 43B”;

(b)in paragraph (3)(a), after “section 41” insert “or 43B”.

(3)In Article 51(b), after “section 41” insert “or 43B”.

Criminal Justice (Scotland) Act 2016 (asp 1)

5In section 59 of the Criminal Justice (Scotland) Act 2016—

(a)in the heading, for “terrorism offences” substitute “cases involving
terrorism”;

(b)5in subsection (1), after “41(1)” insert “or 43B(1)”.

Sections 167, 168 and 169

Schedule 19 Further provision about the transmission and recording of court and
tribunal proceedings

Part 1 10Remote observation and recording: tribunals

First-tier Tribunal and Upper Tribunal

1(1)The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

(2)After section 29 insert—

“Electronic communication etc: transmission, recording & offences

29ZA 15Remote observation and recording of proceedings by direction of
Tribunal

(1)This section applies to proceedings in the First-tier Tribunal or
Upper Tribunal.

(2)If the proceedings are specified under subsection (8)(a), the Tribunal
20may 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)A direction under subsection (2) may authorise only the following
types of transmission—

(a)25transmission to designated live-streaming premises, or

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

(4)In subsection (3)(a), “designated live-streaming premises” means
30premises 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)A direction under subsection (2) may include further provision
about—

(a)35the 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 to 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 Tribunal may direct that a recording of the transmission is to be
made, in the manner specified in the direction, for the purpose of
5enabling the Tribunal 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)10The Lord Chancellor may, by regulations made with the concurrence
of the Senior President of Tribunals—

(a)specify proceedings (by reference to their type, the tribunal or
chamber in which they take place, or any other circumstance)
in relation to which directions under subsection (2) may be
15made;

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

(c)specify matters that the Tribunal must take into account
when deciding whether, and on what terms, to make such a
20direction;

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

(9)Regulations under subsection (8) may also include incidental,
supplementary, transitional or saving provision.”

(3)25In section 49(6) (orders and regulations under that Act subject to affirmative
procedure), in paragraph (aa), after “section” insert “29ZA(8) or”.

Employment tribunals and Employment Appeal Tribunal

2(1)The Employment Tribunals Act 1996 is amended as follows.

(2)After section 12 insert—

“12ZA 30 Remote observation and recording of proceedings by direction of
tribunal

(1)This section applies to proceedings in an employment tribunal.

(2)If the proceedings are specified under subsection (8)(a), the tribunal
may direct that images or sounds of the proceedings are to be
35transmitted electronically for the purpose of enabling persons not
taking part in the proceedings to watch or listen to the proceedings.

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

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

(b)40transmission to which individuals are given access only
having first identified themselves to the tribunal (or to a
person acting on behalf of the tribunal).

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

(a)5the 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 to watch or listen from being able to do so).

(6)10If images or sounds of the proceedings are transmitted electronically
(whether under a direction under subsection (2) or any other power),
the tribunal 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 tribunal to keep a record of the proceedings.

(7)15A 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)The Lord Chancellor may, by regulations made with the concurrence
20of the Senior President of Tribunals—

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

(b)specify matters of which the tribunal must be satisfied before
25deciding to make such a direction;

(c)specify matters that the tribunal 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
30provision under subsection (5).

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

(3)After section 32 insert—

“32A Remote observation and recording of proceedings by direction of
35Tribunal

(1)This section applies to proceedings in the Appeal Tribunal.

(2)If the proceedings are specified under subsection (8)(a), the Tribunal
may direct that images or sounds of the proceedings are to be
transmitted electronically for the purpose of enabling persons not
40taking part in the proceedings to watch or listen to the proceedings.

(3)A 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
45having first identified themselves to the Tribunal (or to a
person acting on behalf of the Tribunal).

(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)5A 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
10to conditions, or aimed at preventing persons who are not
meant to 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 Tribunal may direct that a recording of the transmission is to be
15made, in the manner specified in the direction, for the purpose of
enabling the Tribunal 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)20may be varied or revoked.

(8)The Lord Chancellor may, by regulations made with the concurrence
of the Senior President of Tribunals—

(a)specify proceedings (by reference to their type or any other
circumstance) in relation to which directions under
25subsection (2) may be made;

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

(c)specify matters that the Tribunal must take into account
when deciding whether, and on what terms, to make such a
30direction;

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

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

(4)35In section 41(2) (orders and regulations under that Act subject to affirmative
procedure), before “37N” insert “12ZA(8), 32A(8),”.

Competition Appeal Tribunal

3After section 15 of the Enterprise Act 2002 insert—

“15A Remote observation and recording of proceedings by direction of
40Tribunal

(1)This section applies to proceedings in the Tribunal.

(2)If the proceedings are specified under subsection (8)(a), the Tribunal
may direct that images or sounds of the proceedings are to be
transmitted electronically for the purpose of enabling persons not
45taking part in the proceedings to watch or listen to the proceedings.

(3)A 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
5having first identified themselves to the Tribunal (or to a
person acting on behalf of the Tribunal).

(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
10proceedings in accordance with directions under subsection (2).

(5)A 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
15transmission (including provision making that ability subject
to conditions, or aimed at preventing persons who are not
meant to 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),
20the Tribunal 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 Tribunal 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
25concerned, and

(b)may be varied or revoked.

(8)The Lord Chancellor may, by regulations made with the concurrence
of the Senior President of Tribunals—

(a)specify proceedings (by reference to their type or any other
30circumstance) in relation to which directions under
subsection (2) may be made;

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

(c)specify matters that the Tribunal must take into account
35when deciding whether, and on what terms, to make such a
direction;

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

(9)Regulations under subsection (8)—

(a)40are to be made by statutory instrument,

(b)may not be made unless a draft of that instrument has been
laid before and approved by a resolution of each House of
Parliament,

(c)may also include incidental, supplementary, transitional or
45saving provision, and

(d)may make different provision for different purposes.”

Part 2 Offences of recording and transmission: tribunals

First-tier Tribunal and Upper Tribunal

4In the Tribunals, Courts and Enforcement Act 2007, after section 29ZA
5(inserted by paragraph 1) insert—

“29ZB 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)10an 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 tribunal proceedings that is being transmitted to the place where
the recording or transmission referred to in subsection (1) is made or
15attempted 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 tribunal
proceedings.

(4)A person is remotely attending tribunal proceedings at any time
20when the person—

(a)is not in the same place as any member of the tribunal in
which the proceedings concerned are being conducted, and

(b)is taking part in, watching or listening to the proceedings by
way of a transmission.

(5)25For the purposes of this section a recording or transmission is
“unauthorised” unless it is—

(a)authorised (generally or specifically) by the tribunal in which
the proceedings concerned are being conducted, or
authorised (generally or specifically) by the Lord Chancellor.

(6)30It is a defence for a person charged with an offence under subsection
(1) to prove that, at the time of the actual or attempted recording or
transmission, the person—

(a)was not in designated live-streaming premises, and

(b)did not know that the image or sound concerned was of a sort
35within subsection (2) or (3).

(7)In subsection (6)(a), “designated live-streaming premises” has the
meaning given by section 29ZA(4).

(8)A person guilty of an offence under subsection (1) is liable on
summary conviction to a fine not exceeding level 3 on the standard
40scale.

(9)Conduct that amounts to an offence under subsection (1) is also a
contempt of court.

But a person cannot, in respect of the same conduct, be both
convicted of the offence and punished for the contempt.

(10)For the purposes of this section it does not matter whether a person
making, or attempting to make, a recording or transmission intends
the recording or transmission, or anything comprised in it, to be seen
or heard by any other person.

(11)5In this section—

• “recording” means a recording on any medium—

  (a)

  of a single image, a moving image or any sound, or

  (b)

  from which a single image, a moving image or any
  sound may be produced or reproduced;

• 10“tribunal proceedings” means proceedings in the First-tier
  Tribunal or Upper Tribunal;

• “transmission” means any transmission by electronic means of
  a single image, a moving image or any sound (and
  “transmitted” is to be construed accordingly).”

15Employment tribunals and Employment Appeal Tribunal

5In the Employment Tribunals Act 1996, before the italic heading above
section 38 insert—

“Offence of recording or transmission

37R Offence of recording or transmission in relation to remote proceedings

(1)20It is an offence for a person to make, or attempt to make—

(a)an unauthorised recording, or

(b)an 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
25of tribunal proceedings that is being transmitted to the place where
the recording or transmission referred to in subsection (1) is made or
attempted 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 tribunal
30proceedings.

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

(a)is not in the same place as any member of the tribunal in
which the proceedings concerned are being conducted, and

(b)35is taking part in, watching or listening to the proceedings by
way of a transmission.

(5)For the purposes of this section a recording or transmission is
“unauthorised” unless it is—

(a)authorised (generally or specifically) by the tribunal in which
40the proceedings concerned are being conducted, or
authorised (generally or specifically) by the Lord Chancellor.

(6)It is a defence for a person charged with an offence under subsection
(1) to prove that, at the time of the actual or attempted recording or
transmission, the person—

(a)was not in designated live-streaming premises, and

(b)did not know that the image or sound concerned was of a sort
within subsection (2) or (3).

(7)In subsection (6)(a) “designated live-streaming premises” has the
5meaning given by section 12ZA(4) (in relation to proceedings in an
employment tribunal) or section 32A(4) (in relation to proceedings in
the Appeal Tribunal).

(8)A person guilty of an offence under subsection (1) is liable on
summary conviction to a fine not exceeding level 3 on the standard
10scale.

(9)Conduct that amounts to an offence under subsection (1) is also a
contempt of court.

But a person cannot, in respect of the same conduct, be both
convicted of the offence and punished for the contempt.

(10)15For the purposes of this section it does not matter whether a person
making, or attempting to make, a recording or transmission intends
the recording or transmission, or anything comprised in it, to be seen
or heard by any other person.

(11)In this section—

• 20“recording” means a recording on any medium—

  (a)

  of a single image, a moving image or any sound, or

  (b)

  from which a single image, a moving image or any
  sound may be produced or reproduced;

• “tribunal proceedings” means proceedings in an employment
  25tribunal or the Appeal Tribunal;

• “transmission” means any transmission by electronic means of
  a single image, a moving image or any sound (and
  “transmitted” is to be construed accordingly).”

Competition Appeal Tribunal

630In the Enterprise Act 2002, after section 15A (inserted by paragraph 3)
insert—

“15B 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 tribunal 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 tribunal
proceedings.

(4)A person is remotely attending tribunal proceedings at any time
45when the person—

(a)is not in the same place as any member of the Tribunal, and

(b)is taking part in, watching or listening to the proceedings by
way of a transmission.

(5)For the purposes of this section a recording or transmission is
5“unauthorised” unless it is—

(a)authorised (generally or specifically) by the Tribunal, or
authorised (generally or specifically) by the Lord Chancellor.

(6)It is a defence for a person charged with an offence under subsection
(1) to prove that, at the time of the actual or attempted recording or
10transmission, the person—

(a)was not in designated live-streaming premises, and

(b)did not know that the image or sound concerned was of a sort
within subsection (2) or (3).

(7)In subsection (6)(a) “designated live-streaming premises” has the
15meaning given by section 15A(4).

(8)A person guilty of an offence under subsection (1) is liable on
summary conviction to a fine not exceeding level 3 on the standard
scale.

(9)Conduct that amounts to an offence under subsection (1) is also a
20contempt of court.

But a person cannot, in respect of the same conduct, be both
convicted of the offence and punished for the contempt.

(10)For the purposes of this section it does not matter whether a person
making, or attempting to make, a recording or transmission intends
25the recording or transmission, or anything comprised in it, to be seen
or heard by any other person.

(11)In this section—

• “recording” means a recording on any medium—

  (a)

  of a single image, a moving image or any sound, or

  (b)

  30from which a single image, a moving image or any
  sound may be produced or reproduced;

• “tribunal proceedings” means proceedings in the Tribunal;

• “transmission” means any transmission by electronic means of
  a single image, a moving image or any sound (and
  35“transmitted” is to be construed accordingly).”

Part 3 Live links in criminal proceedings

Criminal Justice Act 2003

7(1)The Criminal Justice Act 2003 is amended as follows.

(2)40For section 52 substitute—

“52 Further provision about the giving, variation and rescission of live-
link directions

(1)The power conferred by section 51 includes power to give—