Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

19

Clause 84
61
Page 50, line 7, at end insert—

“(2)
In the case of a witness anonymity order made by a magistrates’ court in

England and Wales or Northern Ireland, a thing authorised or required by

section 78 or 79 to be done by the court by which the order was made may

be done by any magistrates’ court acting in the same local justice area, or

for the same petty sessions district, as that court.”
Clause 86
62
Page 50, line 34, leave out subsection (3) and insert—

“(3)
In section 64(3) (orders subject to affirmative resolution procedure), in

paragraph (a) after “section” insert “17(7),”.”
Clause 100
63
Page 61, line 13, leave out “Enterprise and Regulatory Reform” and insert

“Innovation and Skills”
64
Page 61, line 19, leave out “Enterprise and Regulatory Reform” and insert

“Innovation and Skills”
65
Page 61, line 32, leave out “Enterprise and Regulatory Reform” and insert

“Innovation and Skills”
After Clause 103
66
Insert the following new Clause—

“Independent Commissioner for Terrorist Suspects

(1)
The Secretary of State shall appoint a person to be known as the

Independent Commissioner for Terrorist Suspects (“the Commissioner”)

and such appointment shall be subject to the approval of the Lord Chief

Justice, and shall be on such terms as to length of service and remuneration

as the Secretary of State shall determine.

(2)
The principal function of the Commissioner shall be to monitor the

detention and treatment of terrorist suspects held under section 41 of and

Schedule 8 to the Terrorism Act 2000 (c. 11) and in particular to give the

judicial authority such independent assistance as it may require in deciding

whether or not to extend the period of detention, and to perform such other

related functions as the Secretary of State may determine.

(3)
In order to fulfil his functions under this section, the Commissioner shall be

entitled to visit Paddington Green Police Station, and any other place of

detention where terrorist suspects are held, so as to ensure that the

questioning of suspects is being carried out diligently and expeditiously,

and in accordance with the provisions of Schedule 8 to the Terrorism Act

2000 (c. 11) and PACE code H.

(4)
Such visits shall take place at the discretion of the Commissioner and may

be unannounced.

(5)
The custody officer shall inform the Commissioner within 24 hours of a

terrorist suspect being detained.

20

(6)
The police shall give the Commissioner such assistance as he may

reasonably require so that he can fulfil his functions under this section.

(7)
The Commissioner shall be entitled to interview terrorist suspects with

their consent and may require such interviews to take place in the absence

of the police, and he may also attend interviews conducted by the police.

(8)
The custody officer shall inform the Commissioner whenever the

prosecution is to make an application for the extension of the period of

detention and the Commissioner shall be entitled to be present at the

hearing.

(9)
The Commissioner shall make an annual report to Parliament as to the

carrying out of his functions under this section.”
Clause 106
67
Page 65, line 20, at end insert—

“( )
the impact of sentencing decisions on victims of offences;”
Clause 107
68
Page 65, line 26, leave out subsections (1) and (2) insert—

“(1)
When exercising functions under section 106, the Council is to have regard

to the desirability of sentencing guidelines which relate to a particular

offence being structured in the way described in subsections (2) to (8A).

(2)
The guidelines should, if reasonably practicable given the nature of the

offence, describe, by reference to one or more of the factors mentioned in

subsection (3), different categories of case involving the commission of the

offence which illustrate in general terms the varying degrees of seriousness

with which the offence may be committed.”
69
Page 65, line 36, at end insert—

“( )
such other factors as the Council considers to be particularly

relevant to the seriousness of the offence in question.”
70
Page 65, line 37, leave out “must” and insert “should”
71
Page 65, line 41, leave out “under” and insert “in accordance with”
72
Page 65, line 42, after “sentences” insert “(“the category range”)”
73
Page 65, line 45, leave out “must” and insert “should”
74
Page 66, line 2, leave out “under” and insert “in accordance with”
75
Page 66, line 5, leave out “must” and insert “should”
76
Page 66, line 6, at beginning insert “(to the extent not already taken into account by

categories of case described in accordance with subsection (2))”
77
Page 66, line 26, leave out “under subsection (6)(c) must” and insert “in accordance

with subsection (6)(c) should”
78
Page 66, line 29, at end insert—

“(8A)
The provision made in accordance with subsections (2) to (8) may be

different for different circumstances or cases involving the offence.”

21
79
Page 66, line 31, leave out “under” and insert “in accordance with”
80
Page 66, line 33, leave out “sentence” and insert “starting point”
81
Page 66, line 34, leave out “listed in the guidelines under” and insert “mentioned

in”
82
Page 66, line 37, leave out “under” and insert “in accordance with”
83
Page 66, line 39, leave out “sentence” and insert “starting point”
84
Page 66, line 40, leave out “listed in the guidelines under” and insert “mentioned

in”
85
Page 66, line 43, leave out subsections (10) and (11)
Clause 110
86
Page 68, line 46, at end insert—

“( )
This section is without prejudice to any power of the appeal court to

provide guidance relating to the sentencing of offenders in a judgment of

the court.”
Clause 111
87
Page 69, line 15, leave out “contain provision by virtue of section 107” and insert

“are structured in the way described in section 107(2) to (5)”
88
Page 69, line 17, leave out subsections (3) and (4) and insert—

“(3)
The duty imposed on a court by subsection (1)(a) to follow any sentencing

guidelines which are relevant to the offender’s case includes—

(a)
in all cases, a duty to impose on P, in accordance with the offence-

specific guidelines, a sentence which is within the offence range,

and

(b)
where the offence-specific guidelines describe categories of case in

accordance with section 107(2), a duty to decide which of the

categories most resembles P’s case in order to identify the

sentencing starting point in the offence range;


but nothing in this section imposes on the court a separate duty, in a case

within paragraph (b), to impose a sentence which is within the category

range.

(4)
Subsection (3)(b) does not apply if the court is of the opinion that, for the

purpose of identifying the sentence within the offence range which is the

appropriate starting point, none of the categories sufficiently resembles P’s

case.”
Clause 113
89
Page 71, line 13, leave out “demand for” and insert “resources required for the

provision of”
Clause 116
90
Page 72, line 24, leave out “demand for” and insert “resources required for the

provision of”

22

Clause 118
91
Page 73, line 16, leave out “demand for” and insert “resources required for the

provision of”
Clause 122
92
Page 74, line 31, at end insert—

““the category range” has the meaning given by section 107(4)(b);”
After Clause 125
93
Insert the following new Clause—

“Confiscation orders

Appeals against certain confiscation orders (England and Wales)

(1)
The Criminal Appeal Act 1968 (c. 19) is amended in accordance with

subsections (2) and (3).

(2)
In section 11 (supplementary provisions as to appeal against sentence),

after subsection (3) insert—

“(3A)
Where the Court of Appeal exercise their power under paragraph

(a) of subsection (3) to quash a confiscation order, the Court may,

instead of proceeding under paragraph (b) of that subsection, direct

the Crown Court to proceed afresh under the relevant enactment.

(3B)
When proceeding afresh pursuant to subsection (3A), the Crown

Court shall comply with any directions the Court of Appeal may

make.

(3C)
The Court of Appeal shall exercise the power to give such directions

so as to ensure that any confiscation order made in respect of the

appellant by the Crown Court does not deal more severely with the

appellant than the order quashed under subsection (3)(a).

(3D)
For the purposes of this section—

“confiscation order” means a confiscation order made under—

(a)
section 1 of the Drug Trafficking Offences Act 1986,

(b)
section 71 of the Criminal Justice Act 1988,

(c)
section 2 of the Drug Trafficking Act 1994, or

(d)
section 6 of the Proceeds of Crime Act 2002;

“relevant enactment”, in relation to a confiscation order

quashed under subsection (3)(a), means the enactment

under which the order was made.”

(3)
After that section insert—

“11A
Quashing of certain confiscation orders: supplementary

(1)
This section applies where the Court of Appeal—

(a)
quash a confiscation order under section 11(3)(a) (“the

quashed order”), and

(b)
under section 11(3A), direct the Crown Court to proceed

afresh under the relevant enactment.

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(2)
Nothing in this section prevents any sum paid by the appellant

pursuant to the quashed order being a sum which is recoverable

from the Secretary of State as a debt owing to the appellant, but the

Court of Appeal may direct that any such sum is not to be repaid

until such time as the Crown Court makes a confiscation order, or

decides not to make such an order, when proceeding afresh

pursuant to section 11(3A).

(3)
Nothing in this section prevents an amount which would otherwise

fall to be repaid as a result of the order being quashed being set

against an amount which the appellant is required to pay by virtue

of a confiscation order made by the Crown Court in those

proceedings.

(4)
In this section “confiscation order” and “relevant enactment” have

the same meaning as in section 11(3D).””
94
Insert the following new Clause—

“Appeals against certain confiscation orders (Northern Ireland)

(1)
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended in

accordance with subsections (2) and (3).

(2)
In section 10 (supplementary provisions as to appeals against sentence),

after subsection (3) insert—

“(3A)
Where the Court of Appeal exercises its power under subsection (3)

to quash a confiscation order, the Court may, instead of passing a

sentence in substitution for that order, direct the Crown Court to

proceed afresh under the relevant enactment.

(3B)
When proceeding afresh pursuant to subsection (3A), the Crown

Court shall comply with any directions the Court of Appeal may

make.

(3C)
For the purposes of this section—

“confiscation order” means a confiscation order made under—

(a)
Article 4 or 5 of the Criminal Justice (Confiscation)

(Northern Ireland) Order 1990,

(b)
Article 8 of the Proceeds of Crime (Northern Ireland)

Order 1996, or

(c)
section 156 of the Proceeds of Crime Act 2002;

“relevant enactment”, in relation to a confiscation order

quashed under subsection (3), means the enactment under

which the order was made.”

(3)
After that section insert—

“10A
Quashing of certain confiscation orders: supplementary

(1)
This section applies where the Court of Appeal—

(a)
quashes a confiscation order under section 10(3) (“the

quashed order”), and

(b)
under section 10(3A), directs the Crown Court to proceed

afresh under the relevant enactment.

24

(2)
Nothing in this section prevents any sum paid by the appellant

pursuant to the quashed order being a sum which is recoverable

from the Secretary of State as a debt owing to the appellant, but the

Court of Appeal may direct that any sum is not to be repaid until

such time as the Crown Court makes a confiscation order, or

decides not to make such an order, when proceeding afresh

pursuant to section 10(3A).

(3)
Nothing in this section prevents an amount which would otherwise

fall to be repaid as a result of the order being quashed being set

against an amount which the appellant is required to pay by virtue

of a confiscation order made by the Crown Court in those

proceedings.

(4)
In this section “confiscation order” and “relevant enactment” have

the same meaning as in section 10(3C).””
Clause 127
95
Page 78, line 44, at end insert—

“(2)
Where a statutory instrument includes provision by virtue of subsection

(1)—

(a)
if paragraph 2 of Schedule 2 to the European Communities Act 1972

(c. 68) applies to the instrument, sub-paragraph (2) of that

paragraph has effect as if it required a draft of the instrument to be

approved by resolution of each House of Parliament or, in the case

of an instrument made by the Scottish Ministers, of the Scottish

Parliament;

(b)
if section 59(3) of the Government of Wales Act 2006 (c. 32) applies

to the instrument, that provision has effect as if it required a draft of

the instrument to be approved by resolution of the National

Assembly for Wales.

(3)
Where a statutory rule to which paragraph 3 of Schedule 2 to the European

Communities Act 1972 (c. 68) applies includes provision by virtue of

subsection (1), that paragraph has effect as if it required a draft of the rule

to be approved by resolution of the Northern Ireland Assembly.”
Clause 131
96
Page 80, line 30, leave out “as follows” and insert “in accordance with subsections

(2) to (4)”
97
Page 81, line 26, at end insert—

“( )
In section 21(3) of the Justice (Northern Ireland) Act 2004 (c. 4) (orders and

regulations subject to annulment in pursuance of resolution of either

House of Parliament) after “1(4)” insert “, 5A(5)”.”
After Clause 137
98
Insert the following new Clause—

Damages-based agreements relating to employment matters

(1)
The Courts and Legal Services Act 1990 (c. 41) is amended as follows.

25

(2)
After section 58A insert—

“58AA
Damages-based agreements relating to employment matters

(1)
A damages-based agreement which relates to an employment

matter and satisfies the conditions in subsection (4) is not

unenforceable by reason only of its being a damages-based

agreement.

(2)
But a damages-based agreement which relates to an employment

matter and does not satisfy those conditions is unenforceable.

(3)
For the purposes of this section—

(a)
a damages-based agreement is an agreement between a

person providing advocacy services, litigation services or

claims management services and the recipient of those

services which provides that—

(i)
the recipient is to make a payment to the person

providing the services if the recipient obtains a

specified financial benefit in connection with the

matter in relation to which the services are provided,

and

(ii)
the amount of that payment is to be determined by

reference to the amount of the financial benefit

obtained;

(b)
a damages-based agreement relates to an employment

matter if the matter in relation to which the services are

provided is a matter that is, or could become, the subject of

proceedings before an employment tribunal.

(4)
The agreement—

(a)
must be in writing;

(b)
must not provide for a payment above a prescribed amount

or for a payment above an amount calculated in a

prescribed manner;

(c)
must comply with such other requirements as to its terms

and conditions as are prescribed; and

(d)
must be made only after the person providing services

under the agreement has provided prescribed information.

(5)
Regulations under subsection (4) are to be made by the Lord

Chancellor and may make different provision in relation to

different descriptions of agreements.

(6)
Before making regulations under subsection (4) the Lord

Chancellor must consult—

(a)
the designated judges,

(b)
the General Council of the Bar,

(c)
the Law Society, and

(d)
such other bodies as the Lord Chancellor considers

appropriate.

(7)
In this section—

“payment” includes a transfer of assets and any other transfer

of money’s worth (and the reference in subsection (4)(b) to

a payment above a prescribed amount, or above an amount