Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
76

(2)
Section 55 does not apply.
(3)
The knife must be retained in accordance with regulations under
subsection (5), unless returned or disposed of in accordance with those
regulations or regulations made under section 56.
(4)
If a court security officer reasonably believes that a retained knife may
5
be evidence of, or in relation to, an offence, nothing in subsection (3)
prevents the officer retaining the knife for so long as necessary to enable
the court security officer to draw it to the attention of a constable.
(5)
Without prejudice to the generality of section 56, the Lord Chancellor
must by regulations make provision as to—
10
(a)
the procedure to be followed when a knife is retained under this
section;
(b)
the making of requests by eligible persons for the return of
knives so retained;
(c)
the procedure to be followed when returning a knife pursuant
15
to a request made in accordance with the regulations.
(6)
For the purposes of this section—
“eligible person”, in relation to a knife retained under this section,
means—
(a)
the person who has surrendered the knife under section
20
54(1) or from whom the knife has been seized under
section 54(2), or
(b)
any other person specified in regulations made under
subsection (5);
“knife” includes—
25
(a)
a knife-blade, and
(b)
any other article which—
(i)
has a blade or is sharply pointed, and
(ii)
is made or adapted for use for causing injury to
the person.”
30
(4)
In section 56(2)(a), after “section 55” insert “or section 55A”.
128
Retention of knives surrendered or seized (Northern Ireland)
(1)
Schedule 3 to the Justice (Northern Ireland) Act 2004 (c. 4) (court security) is
amended as follows.
(2)
In paragraph 5 (power to retain articles surrendered or seized), after sub-
35
paragraph (3) add—
“(4)
This paragraph is subject to paragraph 5A.”
(3)
After paragraph 5 insert—
“5A
Retention of knives surrendered or seized
(1)
This paragraph applies where a knife is surrendered to a court security
40
officer in response to a request under paragraph 4(1) or seized by a
court security officer under paragraph 4(2).
(2)
Paragraph 5 does not apply.

Coroners and Justice Bill
Part 5 — Miscellaneous criminal justice provisions
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(3)
The knife must be retained in accordance with regulations under sub-
paragraph (5), unless returned or disposed of in accordance with those
regulations or regulations made under paragraph 6.
(4)
If a court security officer reasonably believes that a retained knife may
be evidence of, or in relation to, an offence, nothing in sub-paragraph
5
(3) prevents the officer retaining the knife for so long as necessary to
enable the court security officer to draw it to the attention of a
constable.
(5)
Without prejudice to the generality of paragraph 6, the Lord Chancellor
must by regulations make provision as to—
10
(a)
the procedure to be followed when a knife is retained under this
paragraph;
(b)
the making of requests by eligible persons for the return of
knives so retained;
(c)
the procedure to be followed when returning a knife pursuant
15
to a request made in accordance with the regulations.
(6)
For the purposes of this paragraph—
“eligible person”, in relation to a knife retained under this
paragraph, means—
(a)
the person who has surrendered the knife under
20
paragraph 4(1) or from whom the knife has been seized
under paragraph 4(2), or
(b)
any other person specified in regulations made under
sub-paragraph (5);
“knife” includes—
25
(a)
a knife-blade, and
(b)
any other article which—
(i)
has a blade or which is sharply pointed, and
(ii)
is made or adapted for use for causing injury to
the person.”
30
(4)
In paragraph 6(2)(a), after “paragraph 5” insert “or paragraph 5A”.
129
Security in tribunal buildings
(1)
The Lord Chancellor may, by order—
(a)
authorise or require the Lord Chancellor, or such other person as may
be specified, to designate persons as security officers in relation to a
35
specified description of tribunal buildings;
(b)
provide that Part 4 (other than section 51(1)) of the Courts Act 2003
(c. 39) (provisions relating to court security) applies in relation to a
specified description of tribunal buildings and security officers
designated in relation to tribunal buildings of that description as it
40
applies to court buildings and court security officers, subject to such
modifications as may be specified.
(2)
The provision which may be included in an order under subsection (1) by
virtue of section 157 (power to make consequential provision etc) includes
provision modifying any provision made by or under an Act (whenever
45
passed or made).
(3)
In this section—

Coroners and Justice Bill
Part 6 — Legal Aid
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“court building” has the meaning given by section 52(3) of the Courts Act
2003 (c. 39);
“modify” includes amend, add to, repeal or revoke (and modification is to
be construed accordingly);
“specified” means specified by an order under subsection (1);
5
“tribunal buildings” means any building, or part of a building, to which
the public have access (other than a court building)—
(a)
where the business of any tribunal mentioned in section 39(1) of
the Tribunals, Courts and Enforcement Act 2007 (c. 15) is
carried on, or
10
(b)
where the business of any other tribunal designated by the Lord
Chancellor, by order, is carried on.
Part 6
Legal Aid
Community Legal Service
15
130
Community Legal Service: pilot schemes
(1)
The Access to Justice Act 1999 (c. 22) is amended as follows.
(2)
In section 6 (services which may be funded), after subsection (8) insert—
“(8A)
The circumstances specified in a direction or authorisation under
subsection (8) may be circumstances described by reference to—
20
(a)
one or more areas or localities;
(b)
one or more descriptions of court or tribunal.
(8B)
A direction or authorisation under subsection (8) may provide that it
requires or authorises the Commission to fund the provision of services
only for—
25
(a)
one or more specified classes of person;
(b)
persons selected—
(i)
by reference to specified criteria; or
(ii)
on a sampling basis.”
(3)
After section 8 insert—
30
“8A
Funding code: pilot provisions
(1)
The code may contain provisions (“pilot provisions”) which are to have
effect for a specified period not exceeding 3 years.
(2)
Pilot provisions may be expressed so as to apply only in relation to—
(a)
one or more specified areas or localities;
35
(b)
one or more specified descriptions of court or tribunal;
(c)
one or more specified descriptions of service that may be
provided as part of the Community Legal Service;
(d)
one or more specified classes of person;
(e)
persons selected—
40
(i)
by reference to specified criteria; or
(ii)
on a sampling basis.

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Part 6 — Legal Aid
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(3)
Pilot provisions may disapply any other provision of the code in
relation to any of the matters mentioned in paragraphs (a) to (e) of
subsection (2).
(4)
The period for the time being specified in relation to pilot provisions
may be revised—
5
(a)
if the period is one of less than 3 years, so that it becomes a
longer period not exceeding 3 years;
(b)
so that it becomes a period which exceeds 3 years by such
amount as the Commission thinks necessary for the purpose of
securing that the pilot provisions remain in operation until the
10
coming into force of a revised code that contains similar
provisions that will have effect—
(i)
generally, or
(ii)
for purposes wider than those for which the pilot
provisions have effect.
15
(5)
If the code contains pilot provisions, the code may also contain
consequential or transitional provision with respect to the cessation of
the pilot provisions on the expiry of the specified period (or that period
as revised under subsection (4)).”
(4)
In section 9(5) (procedure relating to funding code) after “code”, in second
20
place it occurs, insert “or changes made in pursuance of section 8A”.
(5)
After section 11 insert—
“11A
Pilot schemes
(1)
This section applies to the following instruments—
(a)
any order under section 6(4) or 8(9),
25
(b)
any regulations under section 6(7), 7, 10 or 11, and
(c)
any regulations under section 22(5) having effect in relation to
the Community Legal Service.
(2)
Any instrument to which this section applies may be made so as to have
effect for a specified period not exceeding 3 years.
30
(3)
In the following provisions of this section—
(a)
“pilot scheme” means any instrument which, in accordance
with subsection (2), is made so as to have effect for a limited
period;
(b)
“connected instrument”, in relation to a pilot scheme, means an
35
instrument made under the same provision as the pilot scheme.
(4)
A pilot scheme may provide that its provisions, or the provisions of a
connected instrument, are to apply only in relation to—
(a)
one or more specified areas or localities;
(b)
one or more specified descriptions of court or tribunal;
40
(c)
one or more specified descriptions of service that may be
provided as part of the Community Legal Service;
(d)
one or more specified classes of person;
(e)
persons selected—
(i)
by reference to specified criteria; or
45
(ii)
on a sampling basis.

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Part 6 — Legal Aid
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(5)
The period for the time being specified in a pilot scheme may be
varied—
(a)
if the period is one of less than 3 years, so that it becomes a
longer period not exceeding 3 years;
(b)
so that it becomes a period which exceeds 3 years by such
5
amount as the Lord Chancellor thinks necessary for the purpose
of securing that the pilot scheme remains in operation until the
coming into force of a connected instrument that will have
effect—
(i)
generally, or
10
(ii)
for purposes wider than those for which the pilot
scheme has effect.
(6)
A pilot scheme may make consequential or transitional provision with
respect to the cessation of the scheme on the expiry of the specified
period (or that period as varied under subsection (5)).”
15
(6)
In section 25 (orders and regulations), after subsection (9A) insert—
“(9AA)
No instrument (other than an order under section 6(4)) may be made in
pursuance of section 11A unless a draft of it has been laid before, and
approved by a resolution of, each House of Parliament.”
131
Excluded services: help in connection with business matters
20
(1)
Schedule 2 to the Access to Justice Act 1999 (c. 22) (services excluded from the
Community Legal Service) is amended as follows.
(2)
In paragraph 1, omit paragraph (h) (matters arising out of the carrying on of a
business) (but not the “or” following it).
(3)
After paragraph 1 insert—
25
“1A
Services consisting of the provision of help to an individual in
relation to matters arising out of or in connection with—
(a)
a proposal by that individual to establish a business;
(b)
the carrying on of a business by that individual (whether or
not the business is being carried on at the time the services are
30
provided);
(c)
the termination or transfer of a business that was being
carried on by that individual.”
Criminal Defence Service
132
Criminal Defence Service: information requests
35
(1)
In section 17A of the Access to Justice Act 1999 (contribution orders) before
subsection (6) insert—
“(5A)
In paragraphs 6(1) and 7(1) of Schedule 3 (information requests) the
reference to regulations under paragraph 3B(3) is to be read as
including a reference to regulations under this section.”
40
(2)
Schedule 3 to that Act (criminal defence service: right to representation) is
amended in accordance with subsections (3) to (8).

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Part 6 — Legal Aid
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(3)
In sub-paragraph (1) of paragraph 6—
(a)
for “the application of” substitute “how”, and
(b)
after “paragraph 3B(3),” insert “apply (or at any time applied)”.
(4)
In sub-paragraph (2) of that paragraph—
(a)
in paragraph (a) after “name” insert “(and any previous names)”,
5
(b)
in paragraph (b) after “address” insert “(and any previous addresses)”,
and
(c)
in paragraph (e) after “status” insert “at any time specified in the
request”.
(5)
In sub-paragraph (3) of that paragraph—
10
(a)
in paragraph (a) after “is” insert “, or at any time specified in the request
was,”,
(b)
in paragraph (b) after “is” insert “, or at that time was,”,
(c)
after that paragraph insert—
“(ba)
whether or not the individual is, or at any time
15
specified in the request was, carrying on any
business, trade or profession (and, if so, any name
under which it is or was carried on and the address of
any premises used for the purpose of carrying it on);”,
and
20
(d)
after paragraph (c) insert—
“(ca)
the individual’s benefit status at any time specified in
the request;”.
(6)
In sub-paragraph (4) of that paragraph—
(a)
for “subsection” substitute “sub-paragraph (2)(f) and”,
25
(b)
after “relating to” insert “(a)”, and
(c)
at the end add—
“(b)
the individual’s assets (as defined in the
regulations).”.
(7)
In sub-paragraph (1) of paragraph 7—
30
(a)
for “the application of” substitute “how”, and
(b)
after “paragraph 3B(3),” insert “apply (or at any time applied)”.
(8)
In paragraph 8—
(a)
after sub-paragraph (4) insert—
   “(4A)
An office-holder is to be treated as employed by the person
35
under whom the office is held.”, and
(b)
omit sub-paragraph (5).
133
Criminal Defence Service: enforcement of order to pay cost of representation
(1)
The Access to Justice Act 1999 (c. 22) is amended as follows.
(2)
In section 17 (terms of provision of funded services)—
40
(a)
in subsection (3)(g) omit the words from “(including” to the end, and
(b)
at the end add—
“(4)
Regulations under subsection (3)(g) may in particular—

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Part 6 — Legal Aid
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(a)
make provision for costs incurred in connection with the
enforcement of an order under subsection (2) to be
recovered from the individual against whom the order
is made;
(b)
provide that any overdue sums are—
5
(i)
recoverable summarily as a civil debt;
(ii)
recoverable, if the High Court or a county court
so orders on the application of the person or
body to which the sums are due, as if they were
payable under an order of the court in question.
10
(5)
In this section “overdue sum” means—
(a)
a sum which is unpaid after the time when it is required
by an order under subsection (2) to be paid;
(b)
a sum which is required to be paid under regulations
made by virtue of subsection (4)(a).”
15
(3)
In section 17A (contribution orders)—
(a)
in subsection (2)—
(i)
in paragraph (d)(ii), after “order” insert “, or regulations made
by virtue of subsection (2A)(a),”, and
(ii)
in paragraph (e) omit “, including” to the end,
20
(b)
after that subsection insert—
“(2A)
Enforcement regulations may in particular—
(a)
make provision for costs incurred in connection with the
enforcement of a contribution order to be recovered
from the individual against whom the order is made;
25
(b)
provide for the withdrawal of an individual’s right to
representation in certain circumstances;
(c)
provide that any overdue sums are—
(i)
recoverable summarily as a civil debt;
(ii)
recoverable, if the High Court or a county court
30
so orders on the application of the person or
body to which the sums are due, as if they were
payable under an order of the court in question;
(d)
authorise a court to make motor vehicle orders in
respect of an individual for the purpose of enabling any
35
overdue sum required to be paid by that individual to be
recovered by the person or body to which the sum is
due.
(2B)
In subsection (2A)(d)—
“court” means the High Court, a county court or a
40
magistrates’ court;
“motor vehicle order” means—
(a)
a clamping order;
(b)
a vehicle sale order.
(2C)
A clamping order is an order—
45
(a)
that a motor vehicle be fitted with an immobilisation
device (“clamped”), and