Police, Crime, Sentencing and Courts Bill (HL Bill 95)

Part 12 continued    

(g)any provision corresponding to the provision mentioned in
paragraphs (a) or (e), contained in other relevant Articles of
War.”

(9)In subsection (10) (inserted by section 19 of the Armed Forces Act 2021) insert
5in the appropriate place—

• ““sexual activity” includes—

  (a)

  any physical or affectionate activity which is of a type
  characteristic of people involved in an intimate personal
  relationship, and

  (b)

  10conduct intended to lead to sexual activity.”

(10)After subsection (10) insert—

“(11)Subsection (1) does not apply in relation to an offence for which the
person has previously been pardoned under this section or section
165.”

(11)15In section 165(1) (other pardons for convictions etc. of certain abolished
offences) after “offence” insert “in the circumstances”.

(12)Omit section 166 (power to provide disregards and pardons for additional
abolished offences).

(13)In section 167 (sections 164 to 166: supplementary)—

(a)20in the opening words of subsection (1) omit “, or under regulations
under 166,”, and

(b)in subsection (2)—

(i)for “sections 164 to 166” substitute “section 164 or 165”, and

(ii)omit “or regulations under section 166”.

(14)25Nothing in this section affects a pardon for a conviction or caution which took
effect before this section comes into force.

(15)In section 19 of the Armed Forces Act 2021 (posthumous pardons in relation to
certain abolished offences), omit subsection (2) and paragraphs (b) and (c) of
subsection (3).

30Part 13 Procedures in courts and tribunals

Juries

194 British Sign Language interpreters for deaf jurors

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

(2)35After 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
person who is deaf should act as a juror, the judge must consider
whether the assistance of a British Sign Language interpreter would
40enable 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”.

195 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

196 10Remote observation and recording of court and tribunal proceedings

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

“Part 7ZA Transmission and recording of court and tribunal proceedings

Remote observation and recording

85A 15Remote observation and recording of proceedings by direction of a
court or tribunal

(1)This section applies (subject to subsections (12) and (13)) to proceedings
in any court; and in this section “court” has the same meaning as in the
Contempt of Court Act 1981 (see section 19 of that Act).

(2)20If 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)A direction under subsection (2) may authorise only the following
25types 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
behalf of the court).

(4)30In 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)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 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
5court 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—

(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)specify matters of which the court must be satisfied before
15deciding 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
provision under subsection (5).

(9)20Before making regulations under subsection (8), the Lord Chancellor
must determine whether the function of giving or withholding
concurrence to the regulations would most appropriately be exercised
by—

(a)the Lord Chief Justice of England and Wales,

(b)25the Senior President of Tribunals, or

(c)both of them.

(10)Regulations under subsection (8) may be made only with the
concurrence of the Lord Chief Justice of England and Wales, the Senior
President of Tribunals, or both of them, as determined under
30subsection (9).

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

(12)This section does not apply to proceedings in the Supreme Court.

(13)This section does not apply to proceedings if provision regulating the
35procedure to be followed in those proceedings could be made by—

(a)an Act of the Scottish Parliament,

(b)an Act of Senedd Cymru (including one passed with the consent
of a Minister of the Crown within the meaning of section 158(1)
of the Government of Wales Act 2006), or

(c)40an Act of the Northern Ireland Assembly passed without the
consent of the Secretary of State.”

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

(a)after subsection (1) insert—

“(1ZA)45Subsection (1) does not apply to anything done in accordance
with a direction under section 85A of the Courts Act 2003

(remote observation and recording of court and tribunal
proceedings).”;

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

(3)In section 29 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.))
5(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 section 85A of the Courts Act 2003 (remote observation
and recording of court and tribunal proceedings).”

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

“(4A)This section does not apply to anything done in accordance with a
direction under section 85A of the Courts Act 2003 (remote observation
and recording of court and tribunal proceedings).”

(5)In section 108(3) of the Courts Act 2003 (regulations and orders under that Act
15subject to affirmative procedure), after paragraph (c) insert—

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

197 Offence of recording or transmission in relation to remote proceedings

In the Courts Act 2003, after section 85A (inserted by section 196) insert—

20“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)an unauthorised transmission,

25of 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
attempted to be made.

(3)30An 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—

(a)is not in the same place as any member of the court, 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 court in which the
40proceedings 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)5did 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
meaning given by section 85A(4).

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

(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)This section does not apply to proceedings in the Supreme Court.

(12)20This section does not apply to court proceedings if provision regulating
the procedure to be followed in those proceedings could be made by—

(a)an Act of the Scottish Parliament,

(b)an Act of Senedd Cymru (including one passed with the consent
of a Minister of the Crown within the meaning of section 158(1)
25of the Government of Wales Act 2006), or

(c)an Act of the Northern Ireland Assembly passed without the
consent of the Secretary of State.

(13)In this section—

• “court” has the same meaning as in the Contempt of Court Act
  301981 (see section 19 of that Act);

• “court proceedings” means proceedings in any court;

• “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
  35sound may be produced or reproduced;

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

198 Expansion of use of video and audio links in criminal proceedings

(1)40In the Criminal Justice Act 2003, for section 51 substitute—

“51 Directions for live links in criminal proceedings

(1)The court may, by a direction, require or permit a person to take part in
eligible criminal proceedings through—

(a)a live audio link, or

(b)45a live video link.

(2)A direction under this section may be given in relation to a member of
a jury only if the direction requires all members of the jury to take part
through a live video link while present at the same place.

(3)In this Part “eligible criminal proceedings” means—

(a)5a preliminary hearing (see section 56(1)),

(b)a summary trial,

(c)a criminal appeal to the Crown Court and any proceedings that
are preliminary or incidental to such an appeal,

(d)a trial on indictment or any other trial in the Crown Court for an
10offence,

(e)proceedings under section 4A or 5 of the Criminal Procedure
(Insanity) Act 1964,

(f)proceedings under Part 3 of the Mental Health Act 1983,

(g)proceedings under—

(i)15section 11 of the Powers of Criminal Courts (Sentencing)
Act 2000, or

(ii)section 81(1)(g) of the Senior Courts Act 1981 or section
16 of this Act in respect of a person who has been
remanded by a magistrates’ court on adjourning a case
20under that section of the 2000 Act,

(h)an appeal to the criminal division of the Court of Appeal and
any proceedings that are preliminary or incidental to such an
appeal,

(i)a reference to the Court of Appeal by the Attorney General
25under Part 4 of the Criminal Justice Act 1988 and any
proceedings that are preliminary or incidental to such a
reference,

(j)the hearing of a reference under section 9 or 11 of the Criminal
Appeal Act 1995 and any proceedings that are preliminary or
30incidental to such a hearing,

(k)a hearing before a magistrates’ court or the Crown Court which
is held after the defendant has entered a plea of guilty,

(l)a hearing under section 142(1) or (2) of the Magistrates’ Courts
Act 1980,

(m)35a hearing before the Court of Appeal under section 80 of this Act
and any proceedings that are preliminary or incidental to such
a hearing,

(n)any hearing following conviction held for the purpose of
making a decision about bail in respect of the person convicted,

(o)40a sentencing hearing (see section 56(1)), or

(p)an enforcement hearing (see section 56(1)).

(4)The court may not give a direction under this section unless—

(a)the court is satisfied that it is in the interests of justice for the
person to whom the direction relates to take part in the
45proceedings in accordance with the direction through the live
audio link or live video link,

(b)the parties to the proceedings have been given the opportunity
to make representations, and

(c)if so required by section 52(9), the relevant youth offending
50team has been given the opportunity to make representations.

(5)In deciding whether to give a direction under this section, the court
must consider—

(a)any guidance given by the Lord Chief Justice, and

(b)all the circumstances of the case.

(6)5Those circumstances include in particular—

(a)the availability of the person to whom the direction would
relate,

(b)any need for that person to attend in person,

(c)the views of that person,

(d)10the suitability of the facilities at the place where that person
would take part in the proceedings in accordance with the
direction,

(e)whether that person would be able to take part in the
proceedings effectively if the person took part in accordance
15with the direction,

(f)in the case of a direction relating to a witness—

(i)the importance of the witness’s evidence to the
proceedings, and

(ii)whether the direction might tend to inhibit any party to
20the proceedings from effectively testing the witness’s
evidence, and

(g)the arrangements that would or could be put in place for
members of the public to see or hear the proceedings as
conducted in accordance with the direction.”

(2)25In the Crime and Disorder Act 1998, omit Part 3A (live links in preliminary,
sentencing and enforcement hearings).

(3)Schedule 19 makes further provision in connection with the provision made by
subsections (1) and (2).

199 Repeal of temporary provision

(1)30In the Coronavirus Act 2020, sections 53 and 54 and Schedules 23 and 24 (which
make temporary modifications that are superseded by the provision made by
section 198) are repealed.

(2)In the Coronavirus Act 2020, section 55 and Schedule 25 (which make
temporary modifications that are superseded by the provision made by
35sections 196 and 197) are repealed.

200 Expedited procedure for initial regulations about remote observation of
proceedings

(1)This section applies in relation to the first regulations made under section
85A(8) of the Courts Act 2003 (as inserted by section 196(1)).

(2)40The regulations may be made without a draft of the instrument containing
them having been laid before and approved by a resolution of each House of
Parliament (notwithstanding section 108(3) of the Courts Act 2003).

(3)If regulations are made in reliance on subsection (2), the statutory instrument
containing them must be laid before Parliament after being made.

(4)Regulations contained in a statutory instrument laid before Parliament under
subsection (3) cease to have effect at the end of the period of 28 days beginning
with the day on which the instrument is made unless, during that period, the
instrument is approved by a resolution of each House of Parliament.

(5)5In calculating the period of 28 days, no account is to be taken of any whole days
that fall within a period during which—

(a)Parliament is dissolved or prorogued, or

(b)either House of Parliament is adjourned for more than four days.

(6)If regulations cease to have effect as a result of subsection (4), that does not—

(a)10affect the validity of anything previously done under or by virtue of the
regulations, or

(b)prevent the making of new regulations.

Offences relating to accommodation and sexual relations

201 Offence of requiring or accepting sexual relations as a condition of
15accommodation

(1)It is an offence for a person (A) to require or accept from a person (B) sexual
relations as a condition of access to or retention of accommodation or related
services or transactions.

(2)For the purposes of this section, A is—

(a)20a provider of accommodation,

(b)an employee of a provider of accommodation,

(c)an agent of a provider of accommodation, or

(d)a contractor of a provider of accommodation.

(3)A person guilty of an offence under this section is liable on conviction on
25indictment to imprisonment for a maximum of 7 years.

202 Offence of arranging or facilitating the requirement or acceptance of sexual
relations as a condition of accommodation

(1)It is an offence for a person, who may in particular be a publisher, to arrange
or facilitate an offence under section 201.

(2)30A person commits an offence if they intend to arrange or know that their
actions would facilitate an offence under section 201.

(3)A publisher commits an offence if they—

(a)know they are arranging or facilitating an offence under section 201,

(b)reasonably should know their actions would enable the arrangement of
35or facilitate an offence under section 201, or

(c)were informed that their actions had enabled the arrangement of or
facilitated an offence under section 201 and failed to take remedial
action within a reasonable time.

(4)A person found guilty of an offence under this section is liable on conviction
40on indictment to a fine of £50,000.

Public space protection orders

203 Fast-track public space protection orders

In the Anti-social Behaviour, Crime and Policing Act 2014, after section 61
(variation and discharge of orders) insert—

“61A 5Fast-track public spaces protection orders

(1)A local authority may make a fast-track public spaces protection order
where the conditions under subsections (2) or (3) are met.

(2)The conditions under this subsection are—

(a)the public space to which the order will apply is a school within
10the local authority area;

(b)activities carried on, or likely to be carried on, in the vicinity of
the school have had, or are likely to have, a detrimental effect on
the quality of life for pupils and staff; and

(c)consent for the order to be applied has been granted by—

(i)15the leadership of the school to which the order will
apply,

(ii)a chief officer of police of the police area in which the
school to which the order will apply is located, and

(iii)the leader of the local authority which will make the
20order.

(3)The conditions under this subsection are—

(a)the public space to which the order will be applied is a venue
providing NHS vaccination services to the public;

(b)activities have been carried on, or are likely to be carried on, in
25the vicinity of the venue with the intent of—

(i)harassing or intimidating members of the public using
the service, or staff or volunteers providing the service,
or

(ii)impeding members of the public from accessing the
30service, or staff or volunteers from providing the
service; and

(c)consent for the order to be applied has been granted by—

(i)the NHS body with responsibility for provision of the
service to which the order will apply,

(ii)35a chief officer of police of the police area in which the
venue to which the order will apply is located, and

(iii)the leader of the local authority which will make the
order.

(4)A public spaces protection order granted under this section may come
40into effect immediately on the fulfilment of the requirements in
subsection (2) or (3).

(5)Restrictions in section 72(3), that consultation must take place before an
order is made, do not apply to public spaces protection orders made
under this section.