Amendments proposed to the Access to Justice Bill [Lords] - continued House of Commons

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Mr Geoffrey Hoon

183

Clause     87,     page     53,     line     19,     leave out 'Part II and section' and insert 'Sections 27 to (References by Scottish Criminal Cases Review Commission) and'.


   

Mr Geoffrey Hoon

197

Clause     88,     page     53,     line     35,     leave out subsection (2).


NEW CLAUSES

Disclosure of information for enforcing warrants

   

Mr Geoffrey Hoon

NC29

To move the following Clause:—

    '. In the Magistrates' Courts Act 1980, after section 125B (inserted by section 72(2) above) insert—

"Disclosure of information for enforcing warrants.125C.—(1) Basic personal information held by a relevant public authority may, on the application of a justices' chief executive, be supplied by the authority to him (or to a justices' clerk appointed by, or member of the staff of, his magistrates' courts committee who is specified in the application) for the purpose of facilitating the enforcement of a section 125A(1) warrant which is so specified.

    (2) In this section—

      "basic personal information" means a person's name, date of birth or national insurance number or the address (or any of the addresses) of a person;

      "relevant public authority" means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and

      "a section 125A(1) warrant" means a warrant to which section 125A(1) above applies and which has been issued by a justice of the peace to whom the justices' chief executive making the application is chief executive.

    (3) Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to—

      (a) any person entitled to execute the warrant;

      (b) any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or

      (c) any person who is the justices' chief executive, a justices' clerk or a member of the staff of the magistrates' courts committee whose justices' chief executive made the application for the information.

    (4) A person who intentionally or recklessly—

      (a) discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or

      (b) uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned,

    commits an offence.

    (5) But it is not an offence under subsection (4) above—

      (a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or

      (b) to disclose any information which has previously been lawfully disclosed to the public.

    (6) A person guilty of an offence under subsection (4) above is liable—

      (a) on summary conviction, to a fine not exceeding the statutory maximum; or

      (b) on conviction on indictment, to a fine.

    (7) The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.".'.


Power to direct implementation of inspectors' recommendations

   

Mr Geoffrey Hoon

NC30

To move the following Clause:—

    '. In section 62 of the Justices of the Peace Act 1997 (inspectors of the magistrates' courts service), after subsection (4) insert—

            "(4A) If pursuant to this section a recommendation is made for the taking of any action by a magistrates' courts committee, the Lord Chancellor may give a direction requiring the committee to take the recommended action within a period specified in the direction.".'.


Time limits where accused sent to Crown Court for trial

   

Mr Geoffrey Hoon

NC31

To move the following Clause:—

    '.—(1) In paragraph 1 of Schedule 3 to the Crime and Disorder Act 1998 (regulations about service of evidence where a person is sent without committal proceedings to Crown Court)—

      (a) in sub-paragraph (1) (regulations to provide that evidence be served on or before the relevant date) omit the words "on or before the relevant date" and after paragraph (b) insert "before the expiry of the period prescribed by the regulations; but the judge may at his discretion extend or further extend that period.", and

      (b) for sub-paragraph (2) substitute—

            "(2) The regulations may make provision as to the procedure to be followed on an application for the extension or further extension of a period under sub-paragraph (1) above."

    (2) In section 13(1) of the Criminal Procedure and Investigations Act 1996 (transitional time limits relating to service of unused material), after paragraph (c) insert—

            "(ca) copies of the documents containing the evidence on which the charge or charges are based are served on the accused (where this Part applies by virtue of section 1(2)(cc)),".

    (3) In section 22 of the Prosecution of Offences Act 1985 (time limits in preliminary stages of criminal proceedings), in paragraph (a) of the definition of "appropriate court" in subsection (11) (which has effect so as to allow the Crown Court to extend time limits where the accused is committed for trial or indicted), after "trial" insert ", sent for trial under section 51 of the Crime and Disorder Act 1998".'.


Constitution of youth courts

   

Mr Geoffrey Hoon

NC32

To move the following Clause:—

    '.—(1) Part I of the Second Schedule to the Children and Young Persons Act 1933 (constitution of youth courts outside the metropolitan area) is amended in accordance with subsections (2) to (6).

    (2) Omit the headings "Outside Metropolitan Area" and "Youth court panels".

    (3) Omit paragraph 1 (exclusion of inner London and the City of London from the scope of Part I).

    (4) In paragraph 8 (as amended by Schedule 7) (prohibition on forming combined youth court panel unless the area consists of single commission area), at the end insert ", or includes the City of London".

    (5) For paragraph 9 substitute—

            "9. No order under this Schedule shall provide for the formation of a combined youth panel for an area unless the area consists of, or is wholly included in, the area of a single magistrates' courts committee."

    (6) Omit Part II of that Schedule (particular provision for inner London and the City).'.


References by Scottish Criminal Cases Review Commission

   

Mr Geoffrey Hoon

NC33

To move the following Clause:—

    '. In section 25(7) of the Legal Aid (Scotland) Act 1986 (legal aid in appeals), for "Secretary of State under section 124" substitute "Scottish Criminal Cases Review Commission under section 194B".'.


Rights of audience: employed advocates

   

Mr Geoffrey Hoon

NC34

To move the following new Clause:—

    '. In the Courts and Legal Services Act 1990, after section 31 (as substituted by section 32 above) insert—

"Employed advocates.31A.—(1) Where a person who has a right of audience granted by an authorised body is employed as an advocate, any qualification regulations or rules of conduct of the body relating to that right which fall within subsection (2) shall not have effect in relation to him.

    (2) Qualification regulations or rules of conduct relating to a right granted by a body fall within this subsection if—

      (a) they limit the courts before which, or proceedings or capacity in which, that right may be exercised by members of the body who are employed as advocates; and

      (b) they do not impose the same limitation on members of the body who have the right but are not employees.

    (3) For the purposes of this section a person is employed as an advocate if he is—

      (a) a Crown Prosecutor; or

      (b) otherwise employed in a capacity which involves his appearing before courts.".'.


Rules as to costs

   

Mr Geoffrey Hoon

NC35

To move the following Clause:—

    '. In section 51 of the Supreme Court Act 1981 (costs), in subsection (2) (rules regulating matters relating to costs), insert at the end "or for securing that the amount awarded to a party in respect of the costs to be paid by him to such representatives is not limited to what would have been payable by him to them if he had not been awarded costs.".'.


Barristers employed by solicitors etc.

   

Mr Geoffrey Hoon

NC36

To move the following Clause:—

    '.—(1) Where a barrister is employed by—

      (a) a solicitor or other authorised litigator (within the meaning of the Courts and Legal Services Act 1990), or

      (b) a body recognised under section 9 of the Administration of Justice Act 1985 (incorporated solicitors' practices),

    any rules of the General Council of the Bar which impose a prohibition or limitation on the provision of legal services shall not operate to prevent him from providing legal services to clients of his employer if either of the conditions specified in subsection (2) is satisfied.

    (2) Those conditions are—

      (a) that the prohibition or limitation is on the provision of the services otherwise than on the instructions of a solicitor (or other person acting for the client), and

      (b) that the prohibition or limitation does not apply to barristers who provide legal services but are not employees.'.

 
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