Criminal Justice and Courts Act 2015

(45A) (1) This section applies in relation to— (a) any criminal proceedings in any court (other than a service court) in England and Wales, and (b) any proceedings (whether in the United Kingdom or elsewhere) in any service court. (2) The court may make a direction (“a reporting direction”) that no matter relating to a person mentioned in subsection (3) shall during that person's lifetime be included in any publication if it is likely to lead members of the public to identify that person as being concerned in the proceedings. (3) A reporting direction may be made only in respect of a person who is under the age of 18 when the proceedings commence and who is— (a) a witness, other than an accused, in the proceedings; (b) a person against whom the offence, which is the subject of the proceedings, is alleged to have been committed. (4) For the purposes of subsection (2), matters relating to a person in respect of whom the reporting direction is made include— (a) the person's name, (b) the person's address, (c) the identity of any school or other educational establishment attended by the person, (d) the identity of any place of work of the person, and (e) any still or moving picture of the person. (5) The court may make a reporting direction in respect of a person only if it is satisfied that— (a) the quality of any evidence given by the person, or (b) the level of co-operation given by the person to any party to the proceedings in connection with that party's preparation of its case, is likely to be diminished by reason of fear or distress on the part of the person in connection with being identified by members of the public as a person concerned in the proceedings. (6) In determining whether subsection (5) is satisfied, the court must in particular take into account— (a) the nature and alleged circumstances of the offence to which the proceedings relate; (b) the age of the person; (c) such of the following as appear to the court to be relevant— (i) the social and cultural background and ethnic origins of the person, (ii) the domestic, educational and employment circumstances of the person, and (iii) any religious beliefs or political opinions of the person; (d) any behaviour towards the person on the part of— (i) an accused, (ii) members of the family or associates of an accused, or (iii) any other person who is likely to be an accused or a witness in the proceedings. (7) In determining that question the court must in addition consider any views expressed— (a) by the person in respect of whom the reporting restriction may be made, and (b) where that person is under the age of 16, by an appropriate person other than an accused. (8) In determining whether to make a reporting direction in respect of a person, the court must have regard to— (a) the welfare of that person, (b) whether it would be in the interests of justice to make the direction, and (c) the public interest in avoiding the imposition of a substantial and unreasonable restriction on the reporting of the proceedings. (9) A reporting direction may be revoked by the court or an appellate court. (10) The court or an appellate court may by direction (“an excepting direction”) dispense, to any extent specified in the excepting direction, with the restrictions imposed by a reporting direction. (11) The court or an appellate court may only make an excepting direction if— (a) it is satisfied that it is necessary in the interests of justice to do so, or (b) it is satisfied that— (i) the effect of the reporting direction is to impose a substantial and unreasonable restriction on the reporting of the proceedings, and (ii) it is in the public interest to remove or relax that restriction. (12) No excepting direction shall be given under subsection (11)(b) by reason only of the fact that the proceedings have been determined in any way or have been abandoned. (13) In determining whether to make an excepting direction in respect of a person, the court or the appellate court must have regard to the welfare of that person. (14) An excepting direction— (a) may be given at the time the reporting direction is given or subsequently, and (b) may be varied or revoked by the court or an appellate court. (15) For the purposes of this section— (a) criminal proceedings in a court other than a service court commence when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985, in accordance with section 15(2) of that Act; (b) proceedings in a service court commence when the charge is brought under section 122 of the Armed Forces Act 2006. (16) In this section— (a) “appellate court”, in relation to any proceedings in a court, means a court dealing with an appeal (including an appeal by way of case stated) arising out of the proceedings or with any further appeal; (b) “appropriate person” has the same meaning as in section 50; (c) references to the quality of evidence given by a person are to its quality in terms of completeness, coherence and accuracy (and for this purpose “coherence” refers to a person's ability in giving evidence to give answers which address the questions put to the person and can be understood both individually and collectively); (d) references to the preparation of the case of a party to any proceedings include, where the party is the prosecution, the carrying out of investigations into any offence at any time charged in the proceedings.

• (3) In section 49 (offences under Chapter 4)—

• (a) after subsection (1) insert—

(1A) This section also applies— (a) in England and Wales, Scotland and Northern Ireland, if a publication includes any matter in contravention of a direction under section 45A(2) made by a service court; (b) in England and Wales, if a publication includes any matter in contravention of a direction under section 45A(2) made by a court other than a service court.

, and

• (b) at the end insert—

(7) Schedule 2A makes special provision in connection with the operation of this section, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), in relation to persons providing information society services.

• (4) In section 50 (defences)—

• (a) after subsection (6) insert—

(6A) Where— (a) a person is charged with an offence under section 49, and (b) the offence relates to the inclusion of any matter in a publication in contravention of a direction under section 45A(2), it shall be a defence, unless subsection (6B) or (8) applies, to prove that the person in relation to whom the direction was given had given written consent to the inclusion of that matter in the publication. (6B) Written consent is not a defence by virtue of subsection (6A) if the person was under the age of 18 at the time the consent was given.

, and

• (b) in subsection (8), after “defence” insert “ by virtue of subsections (5) to (7) ”.

Reporting restrictions in proceedings other than criminal proceedings

79

• (1) Section 39 of the Children and Young Persons Act 1933 (power to prohibit publication of certain matter in newspapers) is amended as follows.

• (2) In subsection (1)—

• (a) after “any proceedings” insert “ , other than criminal proceedings, ”, and

• (b) after “direct that” insert “ the following may not be included in a publication ”.

• (3) In subsection (1)(a)—

• (a) omit “no newspaper report of the proceedings shall reveal”, and

• (b) omit “, or include any particulars calculated to lead to the identification,”.

• (4) In subsection (1), after paragraph (a) insert—

(aa) any particulars calculated to lead to the identification of a child or young person so concerned in the proceedings;

.

• (5) In subsection (1)(b)—

• (a) for “no picture shall be published in any newspaper as being or including” substitute “ a picture that is or includes ”, and

• (b) omit “as aforesaid”.

• (6) In subsection (2), for “publishes any matter” substitute “ includes matter in a publication ”.

• (7) After subsection (2) insert—

(3) In this section— - “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include a document prepared for use in particular legal proceedings; - “relevant programme” means a programme included in a programme service within the meaning of the Broadcasting Act 1990.

• (8) In the heading of that section, omit “in newspapers”.

• (9) After that section insert—

(39A) Schedule 1A makes special provision in connection with the operation of section 39 in relation to persons providing information society services.

• (10) In section 57(3) of the Children and Young Persons Act 1963 (extending section 39 of the Children and Young Persons Act 1933 to Scotland) after paragraph (a) (but before “and”) insert—

(aa) as it extends to Scotland, the said section 39 has effect as if the references to a publication were references to a newspaper;

.

• (11) In consequence of the amendment made by subsection (2)(a), omit paragraph 2 of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999.

• (12) Subsection (2)(a) does not affect the operation of section 39 of the Children and Young Persons Act 1933 in relation to criminal proceedings instituted before the day on which it comes into force.

• (13) For the purposes of subsection (12)—

• (a) proceedings other than proceedings on appeal are instituted when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985, in accordance with section 15(2) of that Act;

• (b) proceedings on appeal are instituted when the notice of appeal is given or the reference under section 9 or 11 of the Criminal Appeal Act 1995 is made.

Reporting restrictions: information society services

80

Schedule 15 makes special provision in connection with the operation of the following in relation to persons providing information society services—

• (a) section 39 of the Children and Young Persons Act 1933;

• (b) section 49 of the Youth Justice and Criminal Evidence Act 1999 as it applies to a publication that includes matter in contravention of a direction under section 45A(2) of that Act.

Other matters

Representations to Parliament by the President of the Supreme Court

81

• (1) Section 5 of the Constitutional Reform Act 2005 (representations to Parliament) is amended as follows.

• (2) At the beginning insert—

(A1) The President of the Supreme Court may lay before Parliament written representations on matters that appear to the President to be matters of importance relating to the Supreme Court or to the jurisdiction it exercises.

• (3) In subsections (2) and (3), for “those matters” substitute “ the matters mentioned in subsections (A1) and (1) ”.

The supplementary panel of the Supreme Court

82

In section 39(4) of the Constitutional Reform Act 2005 (circumstances in which a judge of the Supreme Court or a senior territorial judge becomes a member of the supplementary panel), after “ while he holds such office ” insert “ or within 2 years of ceasing to hold such office ”.

Minor amendments

83

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 13(6A)(a) of the Tribunals, Courts and Enforcement Act 2007 (rules of court about when the Court of Session may grant permission to appeal against a decision of the Upper Tribunal), after “principle” insert “ or practice ”.

PART 4 — Judicial review

Judicial review in the High Court and Upper Tribunal

Likelihood of substantially different outcome for applicant

84

• (1) In section 31 of the Senior Courts Act 1981 (applications for judicial review), after subsection (2) insert—

(2A) The High Court— (a) must refuse to grant relief on an application for judicial review, and (b) may not make an award under subsection (4) on such an application, if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred. (2B) The court may disregard the requirements in subsection (2A)(a) and (b) if it considers that it is appropriate to do so for reasons of exceptional public interest. (2C) If the court grants relief or makes an award in reliance on subsection (2B), the court must certify that the condition in subsection (2B) is satisfied.

• (2) In that section, before subsection (4) insert—

(3C) When considering whether to grant leave to make an application for judicial review, the High Court— (a) may of its own motion consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred, and (b) must consider that question if the defendant asks it to do so. (3D) If, on considering that question, it appears to the High Court to be highly likely that the outcome for the applicant would not have been substantially different, the court must refuse to grant leave. (3E) The court may disregard the requirement in subsection (3D) if it considers that it is appropriate to do so for reasons of exceptional public interest. (3F) If the court grants leave in reliance on subsection (3E), the court must certify that the condition in subsection (3E) is satisfied.

• (3) In that section, after subsection (7) insert—

(8) In this section “the conduct complained of”, in relation to an application for judicial review, means the conduct (or alleged conduct) of the defendant that the applicant claims justifies the High Court in granting relief.

• (4) In section 15 of the Tribunals, Courts and Enforcement Act 2007 (the Upper Tribunal's “judicial review” jurisdiction), after subsection (5) insert—

(5A) In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal when deciding whether to grant relief under subsection (1) as they apply to the High Court when deciding whether to grant relief on an application for judicial review. (5B) If the tribunal grants relief in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (5A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.

• (5) In section 16 of the Tribunals, Courts and Enforcement Act 2007 (application for relief under section 15(1)), before subsection (4) insert—

(3C) In cases arising under the law of England and Wales, when considering whether to grant permission to make the application, the tribunal— (a) may of its own initiative consider whether the outcome for the applicant would have been substantially different if the conduct complained of had not occurred, and (b) must consider that question if the respondent asks it to do so. (3D) In subsection (3C) “the conduct complained of” means the conduct (or alleged conduct) of the respondent that the applicant claims justifies the tribunal in granting relief. (3E) If, on considering the question mentioned in subsection (3C)(a) and (b), it appears to the tribunal to be highly likely that the outcome for the applicant would not have been substantially different, the tribunal must refuse to grant permission. (3F) The tribunal may disregard the requirement in subsection (3E) if it considers that it is appropriate to do so for reasons of exceptional public interest. (3G) If the tribunal grants permission in reliance on subsection (3F), the tribunal must certify that the condition in subsection (3F) is satisfied.

• (6) In that section, after subsection (6) insert—

(6A) In cases arising under the law of England and Wales, subsections (2A) and (2B) of section 31 of the Senior Courts Act 1981 apply to the Upper Tribunal as regards the making of an award under subsection (6) as they apply to the High Court as regards the making of an award under section 31(4) of the Senior Courts Act 1981. (6B) If the tribunal makes an award in reliance on section 31(2B) of the Senior Courts Act 1981 as applied by subsection (6A), the tribunal must certify that the condition in section 31(2B) as so applied is satisfied.

Provision of information about financial resources

85

• (1) In section 31(3) of the Senior Courts Act 1981 (applications for leave to apply for judicial review)—

• (a) after second “unless” insert

— (a)

, and

• (b) at the end insert

, and (b) the applicant has provided the court with any information about the financing of the application that is specified in rules of court for the purposes of this paragraph.

• (2) In that section, after subsection (3) insert—

(3A) The information that may be specified for the purposes of subsection (3)(b) includes— (a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application, and (b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application. (3B) Rules of court under subsection (3)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect) exceeds, or is likely to exceed, a level set out in the rules has to be identified. This subsection does not apply to rules that specify information described in subsection (3A)(b).

• (3) In section 16(3) of the Tribunals, Courts and Enforcement Act 2007 (applications for permission or leave to apply for relief under section 15(1): Upper Tribunal's “judicial review” jurisdiction)—

• (a) after “unless” insert

— (a)

, and

• (b) at the end insert

, and (b) in cases arising under the law of England and Wales, the applicant has provided the tribunal with any information about the financing of the application that is specified in Tribunal Procedure Rules for the purposes of this paragraph.

• (4) In that section, after subsection (3) insert—

(3A) The information that may be specified for the purposes of subsection (3)(b) includes— (a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application, and (b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application. (3B) Tribunal Procedure Rules under subsection (3)(b) that specify information identifying those who are, or are likely to be, sources of financial support must provide that only a person whose financial support (whether direct or indirect) exceeds, or is likely to exceed, a level set out in the rules has to be identified. This subsection does not apply to rules that specify information described in subsection (3A)(b).

Use of information about financial resources

86

• (1) This section applies when the High Court, the Upper Tribunal or the Court of Appeal is determining by whom and to what extent costs of or incidental to judicial review proceedings are to be paid.

• (2) The information to which the court or tribunal must have regard includes—

• (a) information about the financing of the proceedings provided in accordance with section 31(3)(b) of the Senior Courts Act 1981 or section 16(3)(b) of the Tribunals, Courts and Enforcement Act 2007, and

• (b) any supplement to that information provided in accordance with rules of court or Tribunal Procedure Rules.

• (3) The court or tribunal must consider whether to order costs to be paid by a person, other than a party to the proceedings, who is identified in that information as someone who is providing financial support for the purposes of the proceedings or likely or able to do so.

• (4) In this section “judicial review proceedings” means—

• (a) proceedings on an application for leave to apply for judicial review,

• (b) proceedings on an application for judicial review,

• (c) proceedings on an application for permission to apply for relief under section 15 of the Tribunals, Courts and Enforcement Act 2007 in a case arising under the law of England and Wales,

• (d) proceedings on an application for such relief in such a case,

• (e) any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a), (b), (c) or (d), and

• (f) proceedings on an appeal from such a decision.

Interveners and costs

87

• (1) This section applies where—

• (a) a person is granted permission to file evidence or make representations in judicial review proceedings, and

• (b) at that time, the person is not a relevant party to the proceedings.

• (2) That person is referred to in this section as an “intervener”.

• (3) A relevant party to the proceedings may not be ordered by the High Court or the Court of Appeal to pay the intervener's costs in connection with the proceedings.

• (4) Subsection (3) does not prevent the court making an order if it considers that there are exceptional circumstances that make it appropriate to do so.

• (5) On an application to the High Court or the Court of Appeal by a relevant party to the proceedings, if the court is satisfied that a condition described in subsection (6) is met in a stage of the proceedings that the court deals with, the court must order the intervener to pay any costs specified in the application that the court considers have been incurred by the relevant party as a result of the intervener's involvement in that stage of the proceedings.

• (6) Those conditions are that—

• (a) the intervener has acted, in substance, as the sole or principal applicant, defendant, appellant or respondent;

• (b) the intervener's evidence and representations, taken as a whole, have not been of significant assistance to the court;

• (c) a significant part of the intervener's evidence and representations relates to matters that it is not necessary for the court to consider in order to resolve the issues that are the subject of the stage in the proceedings;

• (d) the intervener has behaved unreasonably.

• (7) Subsection (5) does not require the court to make an order if it considers that there are exceptional circumstances that make it inappropriate to do so.

• (8) In determining whether there are exceptional circumstances that are relevant for the purposes of subsection (4) or (7), the court must have regard to criteria specified in rules of court.

• (9) In this section, “judicial review proceedings” means—

• (a) proceedings on an application for leave to apply for judicial review,

• (b) proceedings on an application for judicial review,

• (c) any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b), and

• (d) proceedings on an appeal from such a decision,

and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.

• (10) For the purposes of this section, “a relevant party” to judicial review proceedings means any of the following—

• (a) a person who is or has been an applicant or defendant in the proceedings described in subsection (9)(a), (b) or (c);

• (b) a person who is or has been an appellant or respondent in the proceedings described in subsection (9)(d);

• (c) any other person who is or has been directly affected by the proceedings and on whom the application for judicial review, or for leave to apply for judicial review, has been served.

• (11) If a person who is an intervener in judicial review proceedings becomes a relevant party to the proceedings, the person is to be treated for the purposes of subsections (3) and (5) as having been a relevant party, rather than an intervener, at all times when involved in the proceedings.

Capping of costs

88

• (1) A costs capping order may not be made by the High Court or the Court of Appeal in connection with judicial review proceedings except in accordance with this section and sections 89 and 90.

• (2) A “costs capping order” is an order limiting or removing the liability of a party to judicial review proceedings to pay another party's costs in connection with any stage of the proceedings.

• (3) The court may make a costs capping order only if leave to apply for judicial review has been granted.

• (4) The court may make a costs capping order only on an application for such an order made by the applicant for judicial review in accordance with rules of court.

• (5) Rules of court may, in particular, specify information that must be contained in the application, including—

• (a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application, and

• (b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application.

• (6) The court may make a costs capping order only if it is satisfied that—

• (a) the proceedings are public interest proceedings,

• (b) in the absence of the order, the applicant for judicial review would withdraw the application for judicial review or cease to participate in the proceedings, and

• (c) it would be reasonable for the applicant for judicial review to do so.

• (7) The proceedings are “public interest proceedings” only if—

• (a) an issue that is the subject of the proceedings is of general public importance,

• (b) the public interest requires the issue to be resolved, and

• (c) the proceedings are likely to provide an appropriate means of resolving it.

• (8) The matters to which the court must have regard when determining whether proceedings are public interest proceedings include—

• (a) the number of people likely to be directly affected if relief is granted to the applicant for judicial review,

• (b) how significant the effect on those people is likely to be, and

• (c) whether the proceedings involve consideration of a point of law of general public importance.

• (9) The Lord Chancellor may by regulations amend this section by adding, omitting or amending matters to which the court must have regard when determining whether proceedings are public interest proceedings.

• (10) Regulations under this section are to be made by statutory instrument.

• (11) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (12) In this section and sections 89 and 90—

• “costs capping order” has the meaning given in subsection (2);

• “the court” means the High Court or the Court of Appeal;

• “judicial review proceedings” means—proceedings on an application for leave to apply for judicial review,proceedings on an application for judicial review,any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b), andproceedings on an appeal from such a decision,and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.

• (13) For the purposes of this section and section 89, in relation to judicial review proceedings—

• (a) the applicant for judicial review is the person who is or was the applicant in the proceedings on the application for judicial review, and

• (b) references to relief being granted to the applicant for judicial review include the upholding on appeal of a decision to grant such relief at an earlier stage of the proceedings.

Capping of costs: orders and their terms

89

• (1) The matters to which the court must have regard when considering whether to make a costs capping order in connection with judicial review proceedings, and what the terms of such an order should be, include—

• (a) the financial resources of the parties to the proceedings, including the financial resources of any person who provides, or may provide, financial support to the parties;

• (b) the extent to which the applicant for the order is likely to benefit if relief is granted to the applicant for judicial review;

• (c) the extent to which any person who has provided, or may provide, the applicant with financial support is likely to benefit if relief is granted to the applicant for judicial review;

• (d) whether legal representatives for the applicant for the order are acting free of charge;

• (e) whether the applicant for the order is an appropriate person to represent the interests of other persons or the public interest generally.

• (2) A costs capping order that limits or removes the liability of the applicant for judicial review to pay the costs of another party to the proceedings if relief is not granted to the applicant for judicial review must also limit or remove the liability of the other party to pay the applicant's costs if it is.

• (3) The Lord Chancellor may by regulations amend this section by adding to, omitting or amending the matters listed in subsection (1).

• (4) Regulations under this section are to be made by statutory instrument.

• (5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (6) In this section—

• “free of charge” means otherwise than for or in expectation of fee, gain or reward;

• “legal representative”, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party's behalf.

Capping of costs: environmental cases

90

• (1) The Lord Chancellor may by regulations provide that sections 88 and 89 do not apply in relation to judicial review proceedings which, in the Lord Chancellor's opinion, have as their subject an issue relating entirely or partly to the environment.

• (2) Regulations under this section—

• (a) may make provision generally or only in relation to proceedings described in the regulations, and

• (b) may include transitional, transitory or saving provision.

• (3) Regulations under this section are to be made by statutory instrument.

• (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Planning proceedings

Procedure for certain planning challenges

91

Schedule 16 contains amendments—

• (a) that require leave of court to be obtained before certain planning applications may be made, and

• (b) that set out a procedure for challenging costs orders made in connection with certain planning orders and decisions.

Periods of time for certain legal challenges

92

• (1) In section 61N of the Town and Country Planning Act 1990 (legal challenges relating to neighbourhood development orders)—

• (a) in subsections (1)(b) and (2)(b), after “beginning with” insert “ the day after ”;

• (b) in subsection (3)(b)—

• (i) for “during” substitute “ before the end of ”;

• (ii) after “beginning with” insert “ the day after ”.

• (2) In section 106C of that Act (legal challenges relating to development consent obligations)—

• (a) in subsection (1)(b)—

• (i) for “during” substitute “ before the end of ”;

• (ii) after “beginning with” insert “ the day after ”;

• (b) in subsection (1A), after “begins with” insert “ the day after ”;

• (c) in subsections (2)(b) and (3)(b)—

• (i) for “during” substitute “ before the end of ”;

• (ii) after “beginning with” insert “ the day after ”.

• (3) In section 13 of the Planning Act 2008 (legal challenges relating to national policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)—

• (a) for “during” substitute “ before the end of ”;

• (b) after “beginning with” insert “ the day after ”.

• (4) In section 118 of that Act (legal challenges relating to applications for orders granting development consent)—

• (a) in subsections (1)(b), (2)(b) and (3)(b)—

• (i) for “during” substitute “ before the end of ”;

• (ii) after “beginning with” insert “ the day after ”;

• (b) in subsections (4)(b), (5)(b) and (6)(b)—

• (i) for “during” substitute “ before the end of ”;

• (ii) after “day”, wherever occurring, insert “ after the day ”;

• (c) in subsection (7)(b)—

• (i) for “during” substitute “ before the end of ”;

• (ii) after “beginning with” insert “ the day after ”.

PART 5 — Final provisions

Power to make consequential and supplementary provision etc

93

• (1) The Lord Chancellor or the Secretary of State may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in relation to any provision of this Act.

• (2) The regulations may, in particular, amend, repeal or revoke legislation.

• (3) Regulations under this section are to be made by statutory instrument.

• (4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5).

• (5) A statutory instrument containing regulations under this section that amend or repeal a provision of an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (6) In this section—

• “Act” includes an Act or Measure of the National Assembly for Wales;

• “legislation”, in relation to regulations made under this section, means—an Act passed before or in the same Session as this Act, oran instrument made under an Act before the regulations come into force.

Financial provision

94

There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by a Minister of the Crown under or by virtue of this Act, and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Commencement

95

• (1) The provisions of this Act come into force on such day as the Lord Chancellor or the Secretary of State may appoint by order, subject to subsections (2) to (4).

• (2) Section 52 (low value shoplifting: mode of trial) comes into force at the end of the period of two months beginning with the day on which this Act is passed.

• (3) Section 62 (appeals from the Court of Protection) and this Part come into force on the day on which this Act is passed.

• (4) Paragraphs 23 to 25 of Schedule 7 (transition from EU Convention on driving disqualification to new agreement), and section 31(6)(b) so far as it relates to those paragraphs, come into force on the day on which this Act is passed.

• (5) An order under this section is to be made by statutory instrument.

• (6) An order under this section may—

• (a) appoint different days for different purposes, and

• (b) make transitional, transitory or saving provision.

• (7) An order under this section bringing into force section 16 (drugs for which prisoners etc may be tested) may appoint different days for different areas.

• (8) Subsection (9) applies to an order under this section the effect of which is to bring into force the Secretary of State's power to provide secure colleges for the detention of any or all of the following—

• (a) persons who are male and aged under 15;

• (b) persons who are female.

• (9) A statutory instrument containing the order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (10) The reference in subsection (8) to the Secretary of State's power to provide secure colleges is to the power under section 43(1)(c) of the Prison Act 1952 (as inserted by section 38 of this Act).

Extent

96

• (1) An amendment or repeal made by this Act has the same extent as the provision amended or repealed (ignoring extent by virtue of an Order in Council), subject to subsections (2) to (4).

• (2) An amendment or repeal of a provision of the Armed Forces Act 2006 extends to England and Wales, Scotland and Northern Ireland.

• (3) An amendment or repeal of any other provision, so far as it is applied by the Armed Forces Act 2006, extends to England and Wales, Scotland and Northern Ireland (and section 385 of that Act does not apply in relation to the amendment or repeal).

• (4) Section 79(9) and paragraph 1 of Schedule 15 (operation of section 39 of the Children and Young Persons Act 1933 in relation to providers of information society services) extend to England and Wales only.

• (5) A provision of this Act, other than an amendment or repeal, extends to England and Wales, Scotland and Northern Ireland, subject to subsection (6).

• (6) The following provisions extend to England and Wales only—

• (a) sections 17 and 18(1) to (4) (restrictions on use of cautions);

• (b) sections 20 to 25 (offences involving ill-treatment or wilful neglect);

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) sections 57 to 61 (personal injury claims: fundamental dishonesty and rules against inducements);

• (e) sections 86 to 90 (judicial review: information about financial resources, interveners and capping of costs);

• (f) Schedule 4 (ill-treatment or wilful neglect: excluded health care);

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) Parts 1 to 4 of Schedule 10 (contracting out secure colleges).

Channel Islands, Isle of Man and British overseas territories

97

• (1) The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences) Act 1997 (power to extend to Isle of Man) is exercisable in relation to any amendment of that Schedule that is made by or under this Act.

• (2) The power conferred by section 9(3) of the Special Immigration Appeals Commission Act 1997 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

• (3) The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands etc) is exercisable in relation to any amendment of that Act that is made by or under this Act.

• (4) The power conferred by section 39(6) of the Terrorism Act 2006 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

• (5) Her Majesty may by Order in Council provide for an armed forces provision to extend, with or without modifications, to—

• (a) any of the Channel Islands,

• (b) the Isle of Man, or

• (c) any of the British overseas territories.

• (6) “Armed forces provision” means—

• (a) an amendment or repeal made by or under this Act of a provision of the Armed Forces Act 2006;

• (b) an amendment or repeal made by or under this Act of any other provision, so far as the provision is applied by the Armed Forces Act 2006.

Short title

98

This Act may be cited as the Criminal Justice and Courts Act 2015.

SCHEDULE 1

PART 1 — Sentence and release

Introduction

1

The Criminal Justice Act 2003 is amended as follows.

Sentence

2

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

3

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

Offences of particular concern

4

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

Release on licence to be directed by Parole Board

5

In section 244(1) (duty to release prisoners), after “243A” insert “ , 244A ”.

6

After section 244 insert—

(244A) (1) This section applies to a prisoner (“P”) who is serving a sentence imposed under section 236A. (2) The Secretary of State must refer P's case to the Board— (a) as soon as P has served the requisite custodial period, and (b) where there has been a previous reference of P's case to the Board under this subsection and the Board did not direct P's release, not later than the second anniversary of the disposal of that reference. (3) It is the duty of the Secretary of State to release P on licence under this section as soon as— (a) P has served the requisite custodial period, and (b) the Board has directed P's release under this section. (4) The Board must not give a direction under subsection (3) unless— (a) the Secretary of State has referred P's case to the Board, and (b) the Board is satisfied that it is not necessary for the protection of the public that P should be confined. (5) It is the duty of the Secretary of State to release P on licence under this section as soon as P has served the appropriate custodial term, unless P has previously been released on licence under this section and recalled under section 254 (provision for the release of such persons being made by sections 255A to 255C). (6) For the purposes of this section— - “the appropriate custodial term” means the term determined as such by the court under section 236A; - “the requisite custodial period” means— 1. in relation to a person serving one sentence, one-half of the appropriate custodial term, and 2. in relation to a person serving two or more concurrent or consecutive sentences, the period determined under sections 263(2) and 264(2).

7

• (1) Section 246 (power to release prisoners on licence before required to do so) is amended as follows.

• (2) In subsection (4)(a) (disapplication of power), for “or 228” substitute “ , 228 or 236A ”.

• (3) In subsection (6), in the definition of “term of imprisonment” for “or 228” substitute “ , 228 or 236A ”.

PART 2 — Offenders convicted of service offences

Armed Forces Act 2006 (c. 52)

8

In the Armed Forces Act 2006, after section 224 insert—

(224A) (1) This section applies where— (a) a person is convicted by the Court Martial of an offence under section 42 (criminal conduct) (whether the offence was committed before or after this section comes into force), (b) the corresponding offence under the law of England and Wales is an offence listed in Schedule 18A to the 2003 Act, (c) the person was aged 18 or over when the offence was committed, and (d) the court does not impose one of the following for the offence— (i) a sentence of imprisonment for life, or (ii) an extended sentence of imprisonment under section 226A of the 2003 Act (as applied by section 219A of this Act). (2) If the court imposes a sentence of imprisonment for the offence, section 236A(2) to (4) of the 2003 Act apply in relation to the term of the sentence. (3) The references in subsections (1)(d) and (2) to a sentence imposed for the offence include a sentence imposed for the offence and one or more offences associated with it. (4) In Schedule 18A to the 2003 Act, as applied by this section, the reference in paragraph 24 to section 30 of the Counter-Terrorism Act 2008 is to be read as a reference to section 32 of that Act.

PART 3 — Transitional and transitory provision

Application of new provisions about special custodial sentences

9

• (1) Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.

• (2) Section 224A of the Armed Forces Act 2006, inserted by paragraph 8 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.

Detention in a young offender institution

10

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

PART 4 — Consequential provision

Road Traffic Offenders Act 1988 (c. 53)

11

• (1) Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed) is amended as follows.

• (2) In paragraph (e), for “that Act” (in the first place) substitute “ the Criminal Justice Act 2003 ”.

• (3) After paragraph (f) insert—

(fa) in the case of a sentence under section 236A of that Act (special custodial sentence for certain offenders of particular concern), a period equal to half of the term imposed pursuant to section 236A(2)(a) of that Act;

.

Crime (Sentences) Act 1997 (c. 43)

12

• (1) Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.

• (2) In paragraph 8(2)(a) (restricted transfers from England and Wales to Scotland), after “244” insert “ , 244A ”.

• (3) In paragraph 9(2)(a) (restricted transfers from England and Wales to Northern Ireland), after “244” insert “ , 244A ”.

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

13

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

Criminal Justice Act 2003 (c. 44)

14

The Criminal Justice Act 2003 is amended as follows.

15

• (1) Section 237 (meaning of “fixed-term prisoner”) is amended as follows.

• (2) In subsection (1)(b), for “ or 228” substitute “ , 228 or 236A ”.

• (3) In subsection (1B)—

• (a) omit “and” at the end of paragraph (c), and

• (b) at the end insert

, and (e) references to a sentence under section 236A of this Act include a sentence under that section passed as a result of section 224A of that Act.

• (4) In subsection (3), for “or 227” substitute “ , 227 or 236A ”.

16

In section 240ZA(11) (time remanded in custody to count as time served), for “or 228” substitute “ , 228 or 236A ”.

17

• (1) Section 250 (licence conditions) is amended as follows.

• (2) In subsection (4)—

• (a) for “or 227” substitute “ , 227 or 236A ”, and

• (b) for “or 228” substitute “ , 228 or 236A ”.

• (3) In subsection (5A) (inserted by section 15 of this Act)—

• (a) for “to a prisoner” substitute

to— (a) a prisoner

, and

• (b) at the end insert

, or (b) a prisoner serving a sentence imposed under section 236A.

18

In section 256AA(1) (supervision after end of sentence of prisoners serving less than 2 years), after paragraph (b) (but before “or”) insert—

(ba) the sentence was imposed under section 236A,

.

19

In section 258(3A) (early release of fine defaulters and contemnors), for “or 228” substitute “ , 228 or 236A ”.

20

• (1) Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.

• (2) In subsection (2A), after “226B” insert “ or a sentence under section 236A ”.

• (3) In subsection (5), after “244” insert “ , 244A ”.

21

In section 261(5)(b) (re-entry into United Kingdom of offender removed from prison early), after “244” insert “ , 244A ”.

22

In section 263(4) (concurrent terms), for “or 228” substitute “ , 228 or 236A ”.

23

• (1) Section 264 (consecutive terms) is amended as follows.

• (2) For subsection (6) substitute—

(6) In this section “custodial period” means— (a) in relation to an extended sentence imposed under section 226A or 226B, two-thirds of the appropriate custodial term determined by the court under that section, (b) in relation to an extended sentence imposed under section 227 or 228, one-half of the appropriate custodial term determined by the court under that section, (c) in relation to a sentence imposed under section 236A, one-half of the appropriate custodial term determined by the court under that section, and (d) in relation to any other sentence, one-half of the sentence.

• (3) In subsection (7), for “or 228” substitute “ , 228 or 236A ”.

24

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

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

25

• (1) Section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners) is amended as follows.

• (2) In subsection (2), after paragraph (b) (but before “or”) insert—

(ba) a section 236A prisoner,

.

• (3) In subsection (3), before paragraph (b) insert—

(ab) amend section 244A of the Criminal Justice Act 2003 (release on licence of section 236A prisoners),

.

• (4) In subsection (6), at the end insert—

“section 236A prisoner” means a prisoner who is serving a sentence under section 236A of the Criminal Justice Act 2003 (including one imposed as a result of section 224A of the Armed Forces Act 2006).

SCHEDULE 2

Crime (Sentences) Act 1997 (c. 43)

1

In section 31 of the Crime (Sentences) Act 1997 (duration and conditions of licences), for subsection (3) substitute—

(3) The Secretary of State must not include a condition in a life prisoner's licence on release, insert a condition in such a licence or vary or cancel a condition of such a licence except— (a) in accordance with recommendations of the Parole Board, or (b) where required to do so by an order under section 62A of the Criminal Justice and Court Services Act 2000 (compulsory electronic monitoring conditions).

Criminal Justice and Court Services Act 2000 (c. 43)

2

• (1) Section 62 of the Criminal Justice and Court Services Act 2000 (release on licence etc: conditions as to monitoring) is amended as follows.

• (2) Omit subsection (3).

• (3) In the heading of that section, for “conditions as to monitoring” substitute “ electronic monitoring conditions ”.

Criminal Justice Act 2003 (c. 44)

3

The Criminal Justice Act 2003 is amended as follows.

4

• (1) Section 250(4) (licence conditions) is amended as follows.

• (2) After paragraph (a) (but before “and”) insert—

(aa) must include any electronic monitoring conditions required by an order under section 62A of the Criminal Justice and Court Services Act 2000,

.

• (3) In paragraph (b)(i), after “any” insert “ other ”.

5

• (1) Section 253 (curfew condition for licence under section 246, 255B or 255C) is amended as follows.

• (2) In subsection (1), for “requirements for securing the” substitute “ a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to ”.

• (3) Omit subsection (5).

6

In section 256B(7) (supervision after release of certain young offenders serving less than 12 months: requirements that may be imposed), in paragraphs (a) and (b), for “for securing the” substitute “ to submit to ”.

SCHEDULE 3

Mental Health Act 1983 (c. 20)

1

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

2

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

3

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

Criminal Justice Act 2003 (c. 44)

4

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

5

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

6

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7

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8

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9

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10

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11

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

Domestic Violence, Crime and Victims Act 2004 (c. 28)

12

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

Offender Management Act 2007 (c. 21)

13

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

14

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

15

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

Coroners and Justice Act 2009 (c. 25)

16

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

Equality Act 2010 (c. 15)

17

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

SCHEDULE 4

Excluded health care

1

• (1) For the purposes of section 20, “excluded health care” means—

• (a) health care provided on the premises of an educational institution listed in paragraph 3, subject to sub-paragraph (2);

• (b) health care provided at accommodation provided by an educational institution listed in paragraph 3 for an individual being educated at the institution, other than accommodation provided in connection with a residential trip away from the institution;

• (c) health care provided at a children's home or a residential family centre in respect of which a person is registered under Part 2 of the Care Standards Act 2000;

• (ca) health care provided at a place in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—

• (i) a care home service wholly or mainly to children, ...

• (ii) a residential family centre service; or

• (iii) a secure accommodation service;

• (d) health care provided on a part of other premises at a time when the part is being used entirely or mainly for an education or childcare purpose;

subject to sub-paragraph (3).

• (2) Health care is not excluded health care if it is provided on a part of the premises of an educational institution listed in paragraph 3 at a time when the sole or main purpose for which the part of the premises is being used—

• (a) is not connected with the operation of the institution, and

• (b) is not an education or childcare purpose.

• (3) Health care is not excluded health care if it is provided on the premises of a hospital to an individual who is being educated there by reason of a decision made by a registered medical practitioner.

Use “for an education or childcare purpose”

2

A part of premises is used “for an education or childcare purpose” when it is used—

• (a) for the purposes of education provided for an individual being educated at an educational institution listed in paragraph 3 in circumstances in which the institution requires the individual to attend at the premises for that purpose;

• (b) for the purposes of education provided for a child of compulsory school age under section 19 or 19A of the Education Act 1996 or section 100 of the Education and Inspections Act 2006 (provision of education in cases of illness, exclusion etc);

• (c) for the purposes of education provided for a child of compulsory school age as required by section 7 of the Education Act 1996, otherwise than by regular attendance at an educational institution listed in paragraph 3;

• (d) for the purposes of early years provision or later years provision provided in England by a person who is registered, or required to be registered, to provide such provision under Part 3 of the Childcare Act 2006;

• (e) for the purposes of later years provision provided in England for a child who is aged 8 or over in circumstances in which a requirement to register would arise under Part 3 of the Childcare Act 2006 if the child were aged under 8;

• (f) for the purposes of childminding or day care provided in Wales by a person who is registered, or is required to be registered, to provide such care under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);

• (g) for the purposes of a holiday scheme for disabled children in England carried on or managed by a person who is registered to carry on or manage such schemes, or required to be so registered, under Part 2 of the Care Standards Act 2000.

Educational institutions

3

The educational institutions mentioned in paragraphs 1(1)(a) and (b) and (2) and 2(a) and (c) are—

• (a) a maintained school (as defined in section 20(7) of the School Standards and Framework Act 1998);

• (b) a maintained nursery school (as defined in section 22(9) of the Schools Standards and Framework Act 1998);

• (c) an independent school (as defined in section 463 of the Education Act 1996) entered on a register of independent schools kept under section 158 of the Education Act 2002;

• (d) an independent educational institution (as defined in section 92(1) of the Education and Skills Act 2008) entered on a register of independent educational institutions kept under section 95 of that Act;

• (e) a school approved under section 342 of the Education Act 1996 (non-maintained special schools);

• (f) a pupil referral unit (as defined in section 19 sections 19 and 19A of the Education Act 1996);

• (g) an alternative provision Academy (as defined in section 1C(3) of the Academies Act 2010);

• (h) a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act 2010);

• (i) a sixth form college (as defined in section 91(3A) of the Further and Higher Education Act 1992);

• (j) a special post-16 institution (as defined in section 83(2) of the Children and Families Act 2014).

Definitions

4

In this Schedule—

• “care home service” has the meaning given in paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016;

• “childminding” has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);

• “children's home” has the meaning given in section 1 of the Care Standards Act 2000;

• “day care” has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);

• “early years provision” has the meaning given in section 96 of the Childcare Act 2006;

• “education”—does not include higher education;includes vocational, social, physical and recreational training;

• “health care” has the same meaning as in section 20;

• “higher education” has the meaning given in section 579(1) of the Education Act 1996;

• “hospital”—in relation to England, has the same meaning as in section 275 of the National Health Service Act 2006, andin relation to Wales, has the same meaning as in section 206 of the National Health Service (Wales) Act 2006;

• “later years provision” has the meaning given in section 96 of the Childcare Act 2006;

• “premises”, in relation to an educational institution, includes detached playing fields but does not include land occupied solely as a dwelling by a person employed at the institution;

• “residential family centre” has the meaning given in section 4 of the Care Standards Act 2000.

• “residential family centre service” has the meaning given in paragraph 3 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.

• “secure accommodation service” has the meaning given in paragraph 2 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.

SCHEDULE 5

Mental Health Act 1983 (c. 20)

1

In section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—

• (a) in paragraph (za), after “section” insert “ 1(2B) or ”, and

• (b) in paragraph (aa), after “section” insert “ 139(6B), 139A(5B) or ”.

Criminal Justice Act 1988 (c. 33)

2

In section 36(2)(b) of the Criminal Justice Act 1988 (reviews of sentencing)—

• (a) in sub-paragraph (zi), after “section” insert “ 1(2B) or ”, and

• (b) in sub-paragraph (ia), after “section” insert “ 139(6B), 139A(5B) or ”.

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

3

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

4

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5

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6

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7

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8

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

Criminal Justice Act 2003 (c. 44)

9

The Criminal Justice Act 2003 is amended as follows.

10

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

11

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12

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13

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14

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15

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16

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Coroners and Justice Act 2009 (c. 25)

17

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

SCHEDULE 6

Road Traffic Act 1988 (c. 52)

1

• (1) Section 3ZB of the Road Traffic Act 1988 (causing death by driving: unlicensed, disqualified or uninsured drivers) is amended as follows.

• (2) Omit paragraph (b) (but not the “or” at the end).

• (3) In the heading, omit “, disqualified”.

Road Traffic Offenders Act 1988 (c. 53)

2

The Road Traffic Offenders Act 1988 is amended as follows.

3

• (1) Section 24 (alternative verdicts: general) is amended as follows.

• (2) In subsection (A2)—

• (a) after paragraph (b) insert—

(ba) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), (bb) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers),

.

• (3) In the table in subsection (1), at the appropriate place insert—

Section 3ZC (causing death by driving: disqualified drivers)	Section 103(1)(b) (driving while disqualified)
Section 3ZD (causing serious injury by driving: disqualified drivers)	Section 103(1)(b) (driving while disqualified)

.

4

In section 34(4)(a) (disqualification for certain offences), after sub-paragraph (iia) insert—

(iib) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or (iic) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers), or

.

5

• (1) Section 36(2) (disqualification until test is passed) is amended as follows.

• (2) At the end of paragraph (a) omit “or”.

• (3) For paragraph (b) substitute—

(b) an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), (c) an offence under section 1A of that Act (causing serious injury by dangerous driving), (d) an offence under section 2 of that Act (dangerous driving), (e) an offence under section 3ZC of that Act (causing death by driving: disqualified drivers), or (f) an offence under section 3ZD of that Act (causing serious injury by driving: disqualified drivers).

6

In section 45 (effect of endorsement of counterparts), for subsection (6) substitute—

(6) Where the offence was under one of the following sections of the Road Traffic Act 1988, the endorsement remains effective until four years have elapsed since the conviction— (a) section 1 (causing death by dangerous driving), (b) section 1A (causing serious injury by dangerous driving), (c) section 2 (dangerous driving), (d) section 3ZC (causing death by driving: disqualified drivers), or (e) section 3ZD (causing serious injury by driving: disqualified drivers).

7

In section 45A (effect of endorsement of driving records), for subsection (4), as substituted by paragraph 42 of Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), substitute—

(4) Where the offence was under one of the following sections of the Road Traffic Act 1988, the endorsement remains effective until four years have elapsed since the conviction— (a) section 1 (causing death by dangerous driving), (b) section 1A (causing serious injury by dangerous driving), (c) section 2 (dangerous driving), (d) section 3ZC (causing death by driving: disqualified drivers), or (e) section 3ZD (causing serious injury by driving: disqualified drivers).

8

• (1) The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.

• (2) In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second column omit “, disqualified”.

• (3) After that entry insert—

RTA section 3ZC	Causing death by driving: disqualified drivers	Section 11 of this Act.
RTA section 3ZD	Causing serious injury by driving: disqualified drivers	Sections 11 and 12(1) of this Act.

9

In the table in Part 1 of Schedule 2 (prosecution and punishment of offences under the Traffic Acts), in the entry relating to section 3ZB of the Road Traffic Act 1988, in column 2 omit “, disqualified”.

Crime (International Co-operation) Act 2003 (c. 32)

10

• (1) Paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice to foreign authorities of driving disqualification of a non-UK resident) is amended as follows.

• (2) In sub-paragraph (ca) omit “, disqualified”.

• (3) After that sub-paragraph insert—

(cb) section 3ZC (causing death by driving: disqualified drivers), (cc) section 3ZD (causing serious injury by driving: disqualified drivers),

.

Criminal Justice Act 2003 (c. 44)

11

In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences for the purposes of sentencing dangerous offenders), after paragraph 48 (offence under section 1 of the Road Traffic Act 1988) insert—

(48A) An offence under section 3ZC of that Act (causing death by driving: disqualified drivers).

Coroners and Justice Act 2009 (c. 25)

12

• (1) In paragraph 1(6) of Schedule 1 to the Coroners and Justice Act 2009 (suspension of investigations where certain criminal charges may be brought), in the definition of “homicide offence”, paragraph (b) is amended as follows.

• (2) In sub-paragraph (iii) omit “, disqualified”.

• (3) After that sub-paragraph insert—

(iiia) section 3ZC (causing death by driving: disqualified drivers);

.

SCHEDULE 7

PART 1 — Further provision

Crime (International Co-operation) Act 2003 (c. 32)

1

Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU Convention on driving disqualifications) is amended as follows.

2

• (1) Section 54 (road traffic offences in UK: application of section 55) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), after “Schedule 3” insert “ or Part 1 of Schedule 3A ”, and

• (b) in paragraph (b), for “that Schedule” substitute “ Schedule 3 or Part 2 of Schedule 3A ”.

• (3) For subsection (3) substitute—

(3) The minimum period is— (a) for an offence mentioned in Part 2 of Schedule 3 in relation to which the Secretary of State has by regulations specified a period of less than six months, that period; (b) for an offence mentioned in Part 2 of Schedule 3A in relation to which the Department has by regulations specified a period of less than six months, that period; (c) for any other offence, a period of six months.

• (4) After that subsection insert—

(3A) When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3 is not less than the minimum period, an extension period imposed under any of the following is to be disregarded— (a) section 35A or 35C of the Road Traffic Offenders Act 1988; (b) section 248D of the Criminal Procedure (Scotland) Act 1995; (c) section 147A of the Powers of Criminal Courts (Sentencing) Act 2000. (3B) When determining whether the period of disqualification in respect of an offence mentioned in Part 2 of Schedule 3A is not less than the minimum period, an extension period imposed under any of the following is to be disregarded— (a) Article 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)); (b) Article 40A of the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10)); (c) Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).

• (5) After subsection (5) insert—

(6) The Secretary of State may by regulations amend Schedule 3. (7) The Department may by regulations amend Schedule 3A.

3

• (1) Section 55 (duty to give notice to foreign authorities of driving disqualification of a non-UK resident) is amended as follows.

• (2) For the heading substitute “ Duty to give notice to Republic of Ireland of UK driving disqualification ”.

• (3) In subsection (1), for “the State in which the offender is normally resident” substitute “ the Republic of Ireland ”.

• (4) In subsection (2)(f), for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.

• (5) In subsection (9)—

• (a) in paragraph (b), for “the State mentioned in subsection (1)” substitute “ the Republic of Ireland ”, and

• (b) for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.

4

For the italic heading before section 56 substitute “ Road traffic offences in Republic of Ireland ”.

5

• (1) Section 56 (road traffic offences in Republic of Ireland: application of section 57) is amended as follows.

• (2) For subsection (2) substitute—

(2) The driving disqualification condition is met— (a) in relation to an offence mentioned in Part 1 of Schedule 3B, if the offender is disqualified in the Republic of Ireland as a result of the offence; (b) in relation to an offence mentioned in Part 2 of that Schedule, if the offender is disqualified in the Republic of Ireland for a period not less than the minimum period as a result of the offence.

• (3) In subsection (3)—

• (a) for “a State” substitute “ the Republic of Ireland ”,

• (b) for “in that State” substitute “ there ”, and

• (c) for “the law of that State” substitute “ the law of the Republic of Ireland ”.

• (4) For subsection (4) substitute—