Legislation – Criminal Justice and Courts Act 2015

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Introduction

PART 1
Criminal Justice

1 Maximum sentence for certain offences to be life imprisonment

2 Specified offences

3 Schedule 15B offences

4 Parole Board release when serving extended sentences

5 Minor amendments

6 Sentence and Parole Board release for offenders of particular concern

7 Electronic monitoring following release on licence etc

8 Recall adjudicators

9 Test for release after recall: determinate sentences

10 Power to change test for release after recall: determinate sentences

11 Initial release and release after recall: life sentences

12 Offence of remaining unlawfully at large after recall

13 Offence of remaining unlawfully at large after temporary release

14 Definition of “requisite custodial period”

15 Minor amendments and transitional cases

16 Drugs for which prisoners may be tested

17 Restrictions on use of cautions

18 Restrictions on use of cautions: supplementary

19 Alternatives to prosecution: rehabilitation of offenders in Scotland

20 Ill-treatment or wilful neglect: care worker offence

21 Ill-treatment or wilful neglect: care provider offence

22 Care provider offence: excluded care providers

23 Care provider offence: penalties

24 Care provider offence: application to unincorporated associations

25 Care provider offence: liability for ancillary and other offences

26 Corrupt or other improper exercise of police powers and privileges

27 Term of imprisonment for murder of police or prison officer

28 Minimum sentence for repeat offences involving offensive weapons etc

29 Offences committed by disqualified drivers

30 Extension of disqualification from driving where custodial sentence also imposed

31 Mutual recognition of driving disqualification in and Republic of Ireland

32 Sending letters etc with intent to cause distress or anxiety

33 Disclosing , or threatening to disclose, private sexual photographs and films with intent to cause distress

34 Meaning of “disclose” and “photograph or film”

35 Meaning of “private” and “sexual”

36 Meeting a child following sexual grooming etc

37 Possession of pornographic images of rape and assault by penetration

PART 2
Young offenders

38 Secure colleges and other places for detention of young offenders etc

39 Contracting out secure colleges

40 Powers of Youth Justice Board in relation to provision of accommodation

41 Youth cautions and conditional cautions: involvement of appropriate adults

42 Duties of custody officer after charge: arrested juveniles

43 Referral orders: alternatives to revocation for breach of youth offender contract

44 Referral orders: extension on further conviction

45 Referral orders: revocation on further conviction

PART 3
Courts and tribunals

46 Instituting proceedings by written charge

47 Instituting proceedings: further provision

48 Trial by single justice on the papers

49 Trial by single justice on the papers: sentencing etc

50 Further amendments

51 Offence of improper use of public electronic communications network

52 Low-value shoplifting: mode of trial

53 Committal of young offenders convicted of certain serious offences

54 Criminal courts charge

55 Duty to review criminal courts charge

56 Variation of collection orders etc

57 Personal injury claims: cases of fundamental dishonesty

58 Rules against inducements to make personal injury claims

59 Effect of rules against inducements

60 Inducements: interpretation

61 Inducements: regulations

62 Appeals from the Court of Protection

63 Appeals from the High Court to the Supreme Court

64 Appeals from the Upper Tribunal to the Supreme Court

65 Appeals from the Employment Appeal Tribunal to the Supreme Court

66 Appeals from the Special Immigration Appeals Commission to the Supreme Court

67 Wasted costs in certain civil proceedings

68 Upper age limit for jury service to be 75

69 Jurors and electronic communications devices

70 Jurors and electronic communications devices: powers of search etc

71 Research by jurors

72 Sharing research with other jurors

73 Jurors engaging in other prohibited conduct

74 Disclosing jury’s deliberations

75 Juries at inquests

76 Members of the Court Martial

77 Supplementary provision

78 Lifetime reporting restrictions in criminal proceedings for witnesses and victims under 18

79 Reporting restrictions in proceedings other than criminal proceedings

80 Reporting restrictions: information society services

81 Representations to Parliament by the President of the Supreme Court

82 The supplementary panel of the Supreme Court

83 Minor amendments

PART 4
Judicial review

84 Likelihood of substantially different outcome for applicant

85 Provision of information about financial resources

86 Use of information about financial resources

87 Interveners and costs

88 Capping of costs

89 Capping of costs: orders and their terms

90 Capping of costs: environmental cases

91 Procedure for certain planning challenges

92 Periods of time for certain legal challenges

PART 5
Final provisions

93 Power to make consequential and supplementary provision etc

94 Financial provision

95 Commencement

96 Extent

97 Channel Islands, Isle of Man and British overseas territories

98 Short title

SCHEDULES

SCHEDULE 1 Sentence and Parole Board release for offenders of particular concern

SCHEDULE 2 Electronic monitoring and licences etc: consequential provision

SCHEDULE 3 Recall adjudicators: further provision

SCHEDULE 4 Ill-treatment or wilful neglect: excluded health care

SCHEDULE 5 Minimum sentence for repeat offences involving offensive weapons etc: consequential provision

SCHEDULE 6 Offences committed by disqualified drivers: further amendments

SCHEDULE 7 Mutual recognition of driving disqualification in UK and Republic of Ireland

SCHEDULE 8 Disclosing , or threatening to disclose, private sexual photographs or films: providers of information society services

SCHEDULE 9 Secure colleges etc: further amendments

SCHEDULE 10 Contracting out secure colleges

SCHEDULE 11 Trial by single justice on the papers: further amendments

SCHEDULE 12 Further provision about criminal courts charge

SCHEDULE 13 Juries at inquests

SCHEDULE 14 Members of the Court Martial

SCHEDULE 15 Reporting restrictions: providers of information society services

SCHEDULE 16 Procedure for certain planning challenges

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SCHEDULES

SCHEDULE 12Further provision about criminal courts charge

Section 54

Rehabilitation of Offenders Act 1974 (c. 53)

1

In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions: definition of sentence), at the end insert—

“(c)

an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).”

Magistrates’ Courts Act 1980 (c. 43)

2

The Magistrates’ Courts Act 1980 is amended as follows.

3

In section 82 (restriction on power to impose imprisonment for default), for subsection (1A) substitute—

“(1A)

A magistrates’ court may not issue a warrant of commitment in reliance on subsection (1)(c) for a default in paying—

(a)

a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), or

(b)

a surcharge ordered to be paid under section 161A of the Criminal Justice Act 2003.”

4

In section 108 (right of appeal to the Crown Court), after subsection (4) insert—

“(5)

Subsection (3) does not prevent an appeal against an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge).”

Prosecution of Offences Act 1985 (c. 23)

5

In the Prosecution of Offences Act 1985, at the beginning of the heading of Part 2 insert “
Defence, prosecution and third party
”.

Insolvency Act 1986 (c. 45)

6

In section 281(4A) of the Insolvency Act 1986 (effect of discharge from bankruptcy debts)—

(a)

after “fine” insert “
imposed for an offence
”, and

(b)

after “a reference to” insert“—

(a)

a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge), whether on conviction or otherwise;

(b)”.

Criminal Justice Act 1991 (c. 53)

7

In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from certain benefits), in the definition of “fine”, after paragraph (b) insert—

“(ba)

a charge ordered to be paid under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge);”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

8

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

F19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In section 142(1) (power of Crown Court to order search of persons before it), after paragraph (b) insert—

“(ba)

the Crown Court makes an order against a person under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge),”.

Proceeds of Crime Act 2002 (c. 29)

11

In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on court’s other powers), after “other than” insert “
an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) or
”.

Criminal Justice Act 2003 (c. 44)

12

The Criminal Justice Act 2003 is amended as follows.

F213

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

In section 256AC(11) (breach of supervision requirements imposed under section 256AA: appeal)—

(a)

after “against” insert“—

(a)”, and

(b)

at the end insert“under this section, and

(b)

an order made by the court under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) when dealing with the person under this section.”

F315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F416

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .