Criminal Justice and Courts Bill

Page 17, line 3, leave out subsection (1) and insert—

“( )     It is an offence for an individual who has the care of another individual by
virtue of being a care worker to ill-treat or wilfully neglect that individual
in a way that amounts to a serious and substantial departure from the duty
owed by the care worker to the individual.”

Insert the following new Clause—

“Offence of publishing a sexually explicit or pornographic image without
consent

(1)     A person commits an offence if they publish a sexually explicit or
pornographic image of another identifiable person (whether or not that
person is engaged in a sexual or pornographic act), unless—

(a)   the identifiable person consented to publication;

(b)   the person who published the image reasonably believed the
identifiable person would have consented; or

(c)   the person who published the image has reproduced an image that
has already been published by another person.

(2)     For the purposes of this section it is immaterial who owns the copyright of
the published image.

(3)     In this section “publish” means to reproduce, share or otherwise distribute
an image via the internet or other means.

(4)     In this section a person is an “identifiable person” if—

(a)   their face is displayed in the image;

(b)   any other identifiable characteristics are displayed in the image;

(c)   their name is displayed on, or otherwise connected to, the image; or

(d)   the image contains any other information by which the identity or
address of the person could reasonably be ascertained.”

Insert the following new Clause—

“Defence: publishing a sexual or pornographic image without consent

It is a defence for a person charged under section (Offence of publishing a
sexually explicit or pornographic image without consent) to prove—

(a)   that they had no reason to believe that the identifiable person did
not consent to the publication of the image; or

(b)   that they did not intend to publish the image.”

Insert the following new Clause—

“Penalties: publishing a sexual or pornographic image without consent

A person guilty of an offence under section (Offence of publishing a sexually
explicit or pornographic image without consent) is liable—

(a)   on conviction on indictment, to imprisonment for a term not
exceeding 12 months or a fine (or both);

(b)   on summary conviction, to imprisonment for a term not exceeding
6 months or a fine (or both).”

Insert the following new Clause—

“Revenge pornography

After section 68 of the Sexual Offences Act 2003, insert—

Insert the following new Clause—

“Assault on workers selling alcohol

(1)     A person who assaults a worker who is required to enforce or comply with
the Licensing Act 2003—

(a)   in the course of that worker’s employment, or

(b)   by reason of that worker’s employment,

commits an offence.

(2)     In this section—

“worker selling alcohol” means a person whose employment involves
them selling alcohol under the provisions of the Licensing Act 2003.

“employment” in this context means any paid or unpaid work
whether under contract, apprenticeship, or otherwise.

(3)     A person who is guilty of an offence under this section is liable—

(a)   on conviction on indictment to imprisonment for a term not
exceeding two years or an unlimited fine (or both),

(b)   on summary conviction to imprisonment for a term not exceeding
six months or a fine not exceeding the statutory minimum (or
both).”

Lord Faulks gives notice of his intention to oppose the Question that Clause 51 stand part
of the Bill

Lord Faulks gives notice of his intention to oppose the Question that Clause 52 stand part
of the Bill

Page 64, line 35, leave out “must” and insert “may”

Page 64, line 37, leave out “not” and insert “decide not to”

Page 65, line 4, leave out subsection (2)

Page 65, line 26, leave out subsection (5)

The above-named Lords give notice of their intention to oppose the Question that Clause 64
stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 65
stand part of the Bill.

The above-named Lords give notice of their intention to oppose the Question that Clause 66
stand part of the Bill.

Page 67, line 25, leave out subsections (2) to (6) and insert—

“(2)     The High Court and the Court of Appeal may not order costs to be paid as
between an intervener and a relevant party to the proceedings unless it
considers that there are exceptional circumstances which make it
appropriate to do so.

(3)     In determining whether there are exceptional circumstances for the
purposes of subsection (2), the court must have regard to criteria specified
in rules of court.”

The above-named Lords give notice of their intention to oppose the Question that Clause 67
stand part of the Bill.

Page 68, line 16, leave out subsection (3)

Page 68, line 35, leave out paragraph (c)

Page 68, line 42, leave out subsections (8) to (11)

The above-named Lords give notice of their intention to oppose the Question that Clause 68
stand part of the Bill.

Page 69, line 30, leave out “must” and insert “may”

Page 69, line 34, leave out “, or may provide,”

Page 69, line 38, leave out “, or may provide,”

Page 70, line 3, leave out subsections (3) to (5)

The above-named Lords give notice of their intention to oppose the Question that Clause 69
stand part of the Bill.

Insert the following new Clause—

“Legal aid for judicial review

(1)     The Lord Chancellor may not use the powers in sections 2 or 9 of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012 to alter the
eligibility of any individual for legal aid for judicial review proceedings
(including applications for permission to apply for judicial review).

(2)     Any statutory instrument made under the provisions referred to in
subsection (1) and which otherwise alters eligibility in the manner specified
in subsection (1) ceases to have effect in relation to legal aid for such
proceedings.”

Page 72, line 23, leave out subsection (2)