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Amendments to the Courts Bill [HL]

Courts Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 1, line 9, at end insert "in both rural and urban areas"
Page 1, line 10, after "services" insert "including information technology services"
Page 1, line 18, at end insert—
"(   )  For the avoidance of doubt, the report in subsection (4) shall include a report on the operation of the courts agency."
 

Clause 2

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 2, line 11, after "arrangements" insert "including contracting out services to private companies"
 

Clause 3

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 2, line 18, leave out "may" and insert "shall"
Page 2, line 22, after "equipment" insert "(including information technology equipment)"
 

Clause 8

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 4, line 19, at end insert—
"(   )  In making an order under subsections (2) or (4), the Lord Chancellor shall—
(a)  make provision for the continuation of the employment of those justices' clerks who are currently employed, without imposing any requirement for a process of re-appointment; and
(b)  have regard to the importance of retaining a link between existing benches of justices and their justices' clerk."
 

Clause 10

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 5, line 3, at end insert—
"(1A)  The Lord Chancellor shall appoint such a number of lay justices as appear to him to be appropriate for the purpose of discharging the work of the magistrates' courts.
(1B)  To assist him in discharging his duties under subsections (1) and (1B), the Lord Chancellor shall publish within six months of the bill receiving Royal Assent a national recruitment strategy for the recruitment of lay justices."
 

Clause 15

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 7, line 27, leave out "sitting or other"
Page 7, line 30, leave out "sitting or other"
 

After Clause 15

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Insert the following new Clause—
  "Training and appraisal of lay justices
(1)  The justices for each local justice area shall establish a bench training and development committee to monitor the training and appraisal of lay justices.
(2)  The bench training and development committee may make recommendations to the Lord Chancellor to which he shall have regard in carrying out his duties under the provisions of section 11(6)."
 

Clause 17

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 8, line 29, at end insert—
"(   )  Before making a recommendation under subsection (1), the Lord Chancellor shall consult the lay justices of the local justice area to which it is intended that the District Judge may be assigned."
 

Clause 22

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 10, line 30, at end insert—
"(   )  Before the Lord Chancellor takes steps to remove a justices' clerk from office he shall—
(a)  consult the justices for the relevant local justice area;
(b)  consult the Court Administration Council for the area which includes the relevant local justice area; and
(c)  consider any recommendations made to him by the justices, the Court Administration Council or by the justices' clerk who is under notice of removal."
 

Clause 25

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 11, line 40, at end insert—
"(   )  In discharging his duties under subsection (1), the Lord Chancellor shall have regard to the need to ensure that courts are locally accessible by all communities."
 

Clause 31

 

THE LORD KINGSLAND
THE BARONESS ANELAY OF ST JOHNS

Page 14, line 39, at end insert—
"(c)  provided with training as a fines officer by the Lord Chancellor"
 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 15, line 21, at end insert—
"(9)  The Lord Chancellor may by order make fines collections regulations.
(10)  No order may be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament."
 

Schedule 2

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 59, line 16, at end insert—
"(   )  For the avoidance of doubt, where this Schedule applies, the court may reserve to itself any case which shall not then be subject to enforcement through the fines collection scheme."
Page 59, line 23, at end insert—
"(   )  After a collection order has been made, the court may require the fines officer identified in it under the provisions of sub-paragraph (2)(a) to report back to the court at any time required by the court which has made the collection order."
Page 61, line 37, leave out sub-paragraph (4)
Page 63, line 24, after "except" insert "by a court and"
Page 66, line 13, at end insert ", and
(   )  has been notified to the court which imposed the fine"
 

Schedule 3

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 68, line 5, at end insert—
"(8)  Where there has been a pre-trial hearing under this section, Rules of Court may provide for the constitution of the magistrates' court which shall hear the trial of information to be different from that which conducted the pre-trial hearing."
 

Clause 44

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 21, leave out lines 15 and 16 and insert—
"(6)  The Lord Chancellor may make rules under subsection (4) provided that he has—
(a)  published the draft rules;
(b)  consulted the Family Procedure Rule Committee; and
(c)  had regard to their recommendations."
Page 21, line 22, at end insert—
"(   )  In discharging his duties under this section, the Lord Chancellor shall make provision for the training of a sufficient number of lay justices to sit on family proceedings courts."
 

Clause 45

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 22, leave out lines 7 and 8 and insert—
"(   )  The Lord Chancellor may make rules under subsection (4) provided that he has;
(a)  published the draft rules;
(b)  consulted the Criminal Procedure Rule Committee; and
(c)  had regard to their recommendations."
Page 22, line 16, at end insert—
"(   )  In discharging his duties under this section, the Lord Chancellor shall make provision for the training of a sufficient number of lay justices to sit on youth courts."
 

Clause 46

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 22, line 24, leave out "may" and insert "shall"
 

Clause 51

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 24, line 7, leave out "may" and insert "shall"
 

Clause 54

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 25, line 18, after "services" insert ", including information technology services,"
Page 25, line 30, after "court" insert ", save the High Court,"
 

Clause 55

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 26, line 2, at end insert "which shall highlight best practice and catalogue inefficiencies"
 

Clause 59

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 28, line 23, at end insert—
  "and have regard to their recommendations made as a consequence of that consultation"
 

Clause 61

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 29, line 2, leave out paragraph (b)
Page 29, line 11, leave out subsection (4)
 The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill.
 

Clause 65

 

THE LORD KINGSLAND
THE BARONESS SECCOMBE

Page 30, line 30, after "Officers," insert—
"(k)  one person who shall represent Victim Support,
(l)  one person who shall represent the National Association of Citizens' Advice Bureau,"
Page 30, line 31, leave out "appear to"
Page 30, line 38, leave out "may" and insert "shall"
Page 30, line 40, after "Committee" insert "necessarily incurred in the course of their work as members of the Committee"
Page 30, line 43, at end insert—
"(   )  Persons appointed under subsection (2) shall serve as members of the Committee for a maximum of three years."
 

Clause 67

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 31, line 12, leave out "(unless it is inexpedient to do so)"
 

Clause 72

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 34, line 4, leave out "one person with" and insert "two persons with current"
Page 34, line 16, leave out "may" and insert "shall"
Page 34, line 17, at end insert "necessarily incurred in the course of their work as members of the Committee"
Page 34, line 17, at end insert—
"(   )  Persons appointed under subsection (2) shall serve as members of the Committee for a maximum of three years."
 

Clause 74

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 34, line 29, leave out "(unless it is inexpedient to do so)"
 

Clause 78

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 36, line 6, after "with" insert "current"
 

Clause 80

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 36, line 34, leave out "(unless it is inexpedient to do so)"
 

Clause 81

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 37, line 16, leave out "by a judge of the High Court"
 

Clause 83

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 39, line 14, at end insert "or prosecutor"
 

Clause 86

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 41, line 16, at end insert "or the Defence Council"
 

Clause 87

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 41, line 26, at end insert—
"(   )  In prescribing fees payable under subsection (1), the Lord Chancellor shall have regard to the need to facilitate access to justice."
 

Clause 88

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 42, line 24, at end insert—
"(   )  Serious misconduct shall be an intentional or reckless act that materially contributes to the delay or abandonment of a trial which thereby causes costs to be incurred."
 

Clause 94

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 49, line 37, at end insert "and have regard to his recommendations made as a consequence of that consultation"
 

Clause 97

 

THE LORD KINGSLAND
THE LORD HUNT OF WIRRAL

Page 51, line 38, at end insert "or under section 88 (award of costs against third parties)"
Page 52, line 6, leave out paragraph (a)

 
 
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©Parliamentary copyright 2003
7 January 2003