Evaluation of certain veterinary drug residues in food: eighty-fifth report of the Joint FAO/WHO Expert Committee on Food Additives

In section 4 of the Explosive Substances Act 1883 (making or possession of explosive under suspicious circumstances)—

In section 54(6)(a) of the Terrorism Act 2000 (penalty on conviction on indictment of offence involving weapons training for terrorism), for “imprisonment for a term not exceeding ten years” substitute “ imprisonment for life ”.

In section 6(5)(a) of the Terrorism Act 2006 (penalty on conviction on indictment of offence involving training for terrorism), for “imprisonment for a term not exceeding 10 years” substitute “ imprisonment for life ”.

The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.

Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (4) to have been committed on the last of those days.

Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of Chapter 5 of Part 12 of that Act) is amended as follows.

After paragraph 22 (offence under section 3 of the Explosive Substances Act 1883) insert—

For paragraph 64 (accessories and inchoate offences: violent offences) substitute—

For paragraph 65 (attempt or conspiracy to commit murder) substitute—

Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual Offences Act 1956).

After that paragraph insert—

For paragraph 153 (accessories and inchoate offences: sexual offences) substitute—

The amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.

But subsection (8) does not apply for the purposes of the provisions referred to in subsection (10).

For the purposes of sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003 and sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006, the amendments made by subsections (2) and (4) apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.

Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (10) to have been committed on the last of those days.

Part 1 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law of England and Wales listed for the purposes of sections 224A(1) and (4), 226A and 246A of that Act) is amended as follows.

After paragraph 3 (offence under section 18 of the Offences Against the Person Act 1861) insert—

After paragraph 8 insert—

In paragraph 9, for “the Terrorism Act 2000” substitute “that Act”.

After paragraph 40 (offence under section 5 of the Terrorism Act 2006) insert—

Part 4 of Schedule 15B to the Criminal Justice Act 2003 (offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom listed for the purposes of sections 224A(4) and 226A of that Act) is amended as follows.

In paragraph 49, for “An offence” substitute “A civilian offence”.

After paragraph 49 insert—

For the purposes of section 224A of the Criminal Justice Act 2003 and section 218A of the Armed Forces Act 2006, the amendments made by this section apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.

For the purposes of section 226A of the Criminal Justice Act 2003 and section 219A of the Armed Forces Act 2006, the amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.

For the purposes of section 246A of the Criminal Justice Act 2003, the amendments made by subsections (2) to (5) apply in relation to a person serving an extended sentence imposed on or after the day on which they come into force, whenever the offence in question was committed.

Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (9) to have been committed on the last of those days.

Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners serving extended sentences under section 226A or 226B) is amended as follows.

In subsection (2) (automatic release at the end of requisite custodial period), for the words from “unless” to the end substituteif—

In subsection (3) (release following Parole Board direction), for “If either or both of those conditions are met” substitute “ In any other case ”.

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In section 218A of the Armed Forces Act 2006 (life sentence for second listed offence), at the end insert—

Part 1 of Schedule 1 contains—

That Schedule also contains—

Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders) is amended as follows.

In section 62 (release on licence etc: conditions as to monitoring)—

After section 62 insert—

Schedule 2 to this Act contains consequential provision.

The amendments made by this section and Schedule 2 apply in relation to a person who is released from prison on or after the day on which they come into force.

After section 239 of the Criminal Justice Act 2003 insert—

The amendments of Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) in section 9 of this Act confer functions on recall adjudicators in connection with the release of fixed-term prisoners following their recall.

Schedule 3 to this Act contains further provision relating to recall adjudicators.

Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.

In section 255A (suitability for automatic release after recall), after subsection (4) insert—

In section 255B (automatic release)—

In section 255C (extended sentence prisoners and those not suitable for automatic release)—

Omit section 256 (powers of Board where it does not direct immediate release).

In section 256A (further review)—

In Schedule 20A (application of Chapter 6 of Part 12 to pre 4 April 2005 cases), omit paragraph 6(5) (certain determinations to be treated as determinations under section 256(1) of the Criminal Justice Act 2003).

The amendments made by this section apply to a person recalled before the day on which they come into force as well as to a person recalled on or after that day.

In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners), after section 256A insert—

section 256AZA,

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In section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners while on licence), after subsection (5) insert—

In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners), in subsection (3), after paragraph (a) insert—.

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The amendment made by subsection (2) applies in relation to a person recalled before the day on which it comes into force as well as in relation to a person recalled on or after that day.

After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners) insert—

After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—

Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the Criminal Justice Act 2003 apply in relation to a person recalled to prison before or after this section comes into force.

Section 1 of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release) is amended as follows.

For subsection (3) substitute—

At the end insert—

The amendment made by subsection (2) does not apply where the period of temporary release expired, or the order of recall was made, before this section comes into force.

Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.

In section 268 (interpretation of Chapter), after subsection (1) insert—

In section 247 (release on licence of prisoner serving extended sentence under section 227 or 228)—

In section 260 (early removal of prisoners liable to removal from United Kingdom), omit subsection (7).

In section 261 (re-entry into United Kingdom of offender removed from prison early)—

In Schedule 20A (application of Chapter 6 of Part 12 to pre-4 April 2005 cases)—

The amendments made by this section apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.

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In section 246(4) of the Criminal Justice Act 2003 (cases in which power to release before required to do so is not available), after paragraph (g) insert—.

In section 250 of the Criminal Justice Act 2003 (licence conditions), for subsection (5A) substitute—

In section 260(2B) of the Criminal Justice Act 2003 (early removal from prison of extended sentence prisoners liable to removal from United Kingdom), for “section 246A” substitute “ this Chapter ”.

In Schedule 20A to the Criminal Justice Act 2003 (application of Chapter 6 of Part 12 to pre-4 April 2005 cases), in paragraph 4 (modification of section 246: power to release before required to do so)—

In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6 of Part 12 in certain transitional cases), omit paragraph 3(2)(a) (application of Part 2 of the Schedule to an extended sentence under section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).

In paragraph 34 of that Schedule (licence conditions in certain transitional cases)—

The amendments made by subsections (1), (3) and (4) apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.

The Prison Act 1952 is amended as follows.

In section 16A (testing prisoners for drugs), in subsection (3)—

In section 47 (rules for the management of prisons etc), after subsection (3) insert—

This section applies where, in England and Wales, a person aged 18 or over admits that he or she has committed an offence.

If the offence is an indictable-only offence, a constable may not give the person a caution except—

If the offence is an either-way offence specified by order made by the Secretary of State, a constable may not give the person a caution except in exceptional circumstances relating to the person or the offence.

If— a constable may not give the person a caution except in exceptional circumstances relating to the person, the offence admitted or the previous offence.

It is for a police officer not below a rank specified by order made by the Secretary of State to determine—

A determination under subsection (5) must be made in accordance with guidance issued by the Secretary of State.

The Secretary of State may by order amend this section so as to provide for a different period for the purposes of subsection (4)(b).

For the purposes of this section—

In this section—

This section applies whether the offence admitted was committed before or after the time when this section comes into force.

An order under section 17 may make different provision for different purposes.

An order under section 17 must be made by statutory instrument.

A statutory instrument containing an order under section 17(3) (specification of either-way offences) is subject to annulment in pursuance of a resolution of either House of Parliament.

An order under section 17(7) (change to period in section 17(4)(b)) may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions), in subsection (7), after “such a caution” insert “ (whether because of section 17 of the Criminal Justice and Courts Act 2015 or for any other reason) ”.

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 to neglect that individual.

An individual guilty of an offence under this section is liable—

“Care worker” means an individual who, as paid work, provides— including an individual who, as paid work, supervises or manages individuals providing such care or is a director or similar officer of an organisation which provides such care.

An individual does something as “paid work” if he or she receives or is entitled to payment for doing it other than—

“Health care” includes— and “excluded health care” has the meaning given in Schedule 4.

“Social care” includes all forms of personal care and other practical assistance provided for individuals who are in need of such care or assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or any other similar circumstances.

References in this section to a person providing health care or social care , or care or support at a regulated establishment, do not include a person whose provision of such care is merely incidental to the carrying out of other activities by the person.

“Regulated establishment” means—

In this section—

In relation to an offence committed before 2 May 2022, the reference in subsection (2)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (2)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

A care provider commits an offence if—

“Care provider” means— subject to section 22.

An individual is “part of a care provider's arrangements” where the individual— including where the individual is not the care provider but supervises or manages individuals providing regulated care as described in paragraph (b) or is a director or similar officer of an organisation which provides regulated care as described there.

“Regulated care” means—

A “relevant duty of care” means— but only to the extent that the duty is owed in connection with providing, or arranging for the provision of, regulated care.

For the purposes of this section, there is to be disregarded any rule of the common law that has the effect of—

A breach of a duty of care by a care provider is a “gross” breach if the conduct alleged to amount to the breach falls far below what can reasonably be expected of the care provider in the circumstances.

In this section—

References in this section to providing or arranging for the provision of regulated care do not include making payments under—

In this section—

A local authority in England is not a care provider for the purposes of section 21 to the extent that it carries out functions to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 applies.

A person is not a care provider for the purposes of section 21 to the extent that the person carries out a function of a local authority in England mentioned in subsection (1) in respect of which either of the following has effect—

Where a body corporate has entered into arrangements with a local authority in England under Part 1 of the Children and Young Persons Act 2008 (social work services for children and young persons), the body is not a care provider for the purposes of section 21 to the extent that it carries out relevant care functions of that authority (as defined in that Part of that Act) under those arrangements.

A local authority in Wales is not a care provider for the purposes of section 21 to the extent that it—

A person is not a care provider for the purposes of section 21 to the extent that the person carries out a function of a local authority in Wales mentioned in subsection (4) in respect of which any of the following has effect—

A registered adoption society or registered adoption support agency is not a care provider for the purposes of section 21 to the extent that it provides adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002).

In this section, “local authority” means—

In this section—

A person guilty of an offence under section 21 is liable, on conviction on indictment or summary conviction, to a fine.

A court before which a person is convicted of an offence under section 21 may make either or both of the following orders— (whether instead of or as well as imposing a fine).

A “remedial order” is an order requiring the person to take specified steps to remedy one or more of the following—

A “publicity order” is an order requiring the person to publicise in a specified manner—

A remedial order—

A publicity order must specify a period within which the requirements specified in the order must be complied with.

A person who fails to comply with a remedial order or a publicity order commits an offence and is liable, on conviction on indictment or summary conviction, to a fine.

In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, subsections (1) and (7) have effect as if they provided for a fine on summary conviction not exceeding the statutory maximum.

For the purposes of sections 21 and 23, an unincorporated association is to be treated as owing whatever duties of care it would owe if it were a body corporate.

Proceedings for an offence under those sections alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

In relation to such proceedings, rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.

In proceedings under section 21 or 23 brought against an unincorporated association, the following apply as they apply in relation to a body corporate—

A fine imposed on an unincorporated association on its conviction of an offence under section 21 or 23 is to be paid out of the funds of the association.

An individual cannot be guilty of—

Where, in the same proceedings, there is— the defendant may, if the interests of justice so require, be convicted of both offences.

A person convicted of an offence under section 21 arising out of a particular set of circumstances may, if the interests of justice so require, be charged with a relevant offence arising out of some or all of those circumstances.

“Relevant offence” means an offence under an Act, or an instrument made under an Act, dealing with—

In this section—

A police constable listed in subsection (3) commits an offence if he or she—

A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

The police constables referred to in subsection (1) are—

For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—

For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).

The first case is where—

The second case is where—

An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.

In this section— “benefit” and “detriment” mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent; “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.

References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.

Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.

Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence) is amended as follows.

In paragraph 4(2) (cases for which a whole life order is the appropriate starting point), after paragraph (b) insert—.

In paragraph 5(2) (cases for which 30 years is the appropriate starting point), omit paragraph (a).

The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.

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Schedule 5 to this Act contains consequential provision.

After section 3ZB of the Road Traffic Act 1988 insert—

RTA section 3ZC Causing death by driving: disqualified drivers On indictment 10 years or a fine or both Obligatory Obligatory 3-11 RTA section 3ZD Causing serious injury by driving: disqualified drivers (a) Summarily (a) On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. Obligatory Obligatory 3-11 (b) On indictment (b) 4 years or a fine or both

In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 3ZD of the Road Traffic Act 1988—

Schedule 6 to this Act contains further amendments relating to the offences under sections 3ZC and 3ZD of the Road Traffic Act 1988.

The amendments made by this section and Schedule 6 have effect only in relation to driving which occurs after they come into force.

In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—

In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed)—

In consequence of the amendments made by subsections (1) and (2), omit paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

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

For the heading of the Chapter substitute “ Mutual recognition of driving disqualification in UK and Republic of Ireland ”.

In section 54 (application of duty of the UK to give notice of driving disqualification)—

In section 56(1) (application of duty of the UK to recognise driving disqualification imposed outside the UK), for paragraph (a) substitute—.

After section 71 insert—

In Schedule 7 to this Act—

In section 1 of the Malicious Communications Act 1988 (offence of sending letters etc with intent to cause distress or anxiety), for subsection (4) substitute—

The amendment made by this section applies only in relation to an offence committed on or after the day on which it comes into force.

It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made—

But it is not an offence under this section for the person to disclose the photograph or film to the individual mentioned in subsection (1)(a) and (b).

It is a defence for a person charged with an offence under this section to prove that he or she reasonably believed that the disclosure was necessary for the purposes of preventing, detecting or investigating crime.

It is a defence for a person charged with an offence under this section to show that—

It is a defence for a person charged with an offence under this section to show that—

A person is taken to have shown the matters mentioned in subsection (4) or (5) if—

For the purposes of subsections (1) to (5)—

A person charged with an offence under this section is not to be taken to have disclosed a photograph or film with the intention of causing distress merely because that was a natural and probable consequence of the disclosure.

A person guilty of an offence under this section is liable—

Schedule 8 makes special provision in connection with the operation of this section in relation to persons providing information society services.

In relation to an offence committed before section 154(1) of the Criminal Justice Act 2003 comes into force, the reference in subsection (9)(b) to 12 months is to be read as a reference to 6 months.

In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (9)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

The following apply for the purposes of section 33, this section and section 35.

A person “discloses” something to a person if, by any means, he or she gives or shows it to the person or makes it available to the person.

Something that is given, shown or made available to a person is disclosed—

“Photograph or film” means a still or moving image in any form that—

The reference in subsection (4)(b) to photographed or filmed images includes photographed or filmed images that have been altered in any way.

“Photographed or filmed image” means a still or moving image that—

“Filming” means making a recording, on any medium, from which a moving image may be produced by any means.

References to a photograph or film include—

The following apply for the purposes of section 33.

A photograph or film is “private” if it shows something that is not of a kind ordinarily seen in public.

A photograph or film is “sexual” if—

Subsection (5) applies in the case of —

The photograph or film is not private and sexual if—

In section 15(1)(a) of the Sexual Offences Act 2003 (meeting a child following sexual grooming etc), for “on at least two occasions” substitute “ on one or more occasions ”.

In a case in which person A met or communicated with person B only once before the event mentioned in section 15(1)(a)(i) to (iii) of the Sexual Offences Act 2003, an offence under that section is committed only if the meeting or communication took place after this section comes into force.

Part 5 of the Criminal Justice and Immigration Act 2008 is amended as follows.

In section 63 (possession of extreme pornographic images)—

In section 66 (defence: participation in consensual acts)—

In section 67 (penalties for possession of extreme pornographic images)—

In Schedule 14 (special rules relating to providers of information society services)—

For section 43 of the Prison Act 1952 and the italic heading before it substitute—

In section 52 of the Prison Act 1952 (orders, rules and regulations), after subsection (2) insert—

Schedule 9 to this Act contains further amendments relating to secure colleges and other places for the detention of young offenders.

Section 41(5)(i) of the Crime and Disorder Act 1998 (functions of the Youth Justice Board of entering into agreements for the provision of accommodation) is amended as follows.

In sub-paragraph (ii)—

Omit sub-paragraphs (v) and (vi).

The Crime and Disorder Act 1998 is amended as follows.

In section 66ZA (youth cautions)—

In section 66B(5) (requirements for giving youth conditional cautions: explanation and warning to be given in presence of appropriate adult), omit “If the offender is aged 16 or under,”.

In Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000, after paragraph 6 insert—

In paragraph 7 of that Schedule, in sub-paragraph (2), at the end insert “(subject to any order under paragraph 6A(2)(b))”.

In the heading before paragraph 7 of that Schedule, at the beginning insert “Consequences of”.

In section 160(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (statutory instruments subject to affirmative resolution procedure), after “103(2)” insert “or paragraph 6A(7) of Schedule 1”.

The amendments made by this section apply only in relation to a person who fails to comply with the terms of a youth offender contract after this section comes into force.

For paragraphs 10 to 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 substitute—

In paragraph 13 of that Schedule—

In consequence of the amendments made above—

The amendments made by this section apply in relation to a person dealt with for an offence committed before or after this section comes into force.

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

In Schedule 1—

In section 18 (making of referral orders: general), after subsection (3) insert—

The amendments made by this section apply in relation to a person dealt with for an offence committed before or after this section comes into force.

Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute proceedings by written charge) is amended as follows.

In subsection (1), for “public prosecutor” substitute “ relevant prosecutor ”.

For subsection (2) substitute—

In subsection (3), for “The” substitute “ Where a relevant prosecutor issues a written charge and a requisition, the ”.

After subsection (3) insert—

After subsection (3B) insert—

In subsection (4), for the words from the beginning to “public prosecutor” substitute “ A relevant prosecutor authorised to issue a requisition ”.

In subsection (5), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.

After subsection (5) insert—

A person who immediately before the commencement of this section is— is to be treated after the commencement of this section as authorised to issue requisitions and single justice procedure notices (subject to the order specifying that person being varied or revoked).

Section 30 of the Criminal Justice Act 2003 (further provision about method of instituting proceedings in section 29) is amended as follows.

In subsection (1)—

In subsection (2)(b), after “further requisitions” insert “ or further single justice procedure notices ”.

In subsection (5)—

After subsection (7) insert—

In subsection (8)—

The Magistrates' Courts Act 1980 is amended as follows.

In section 11 (non-appearance of accused: general provisions)—

After section 16 insert—

In section 127 of the Communications Act 2003 (improper use of public electronic communications network), at the end insert—

The amendment made by this section applies only in relation to an offence committed on or after the day on which it comes into force.

In section 22A of the Magistrates' Courts Act 1980 (low-value shoplifting), in subsection (2) (right to elect trial by Crown Court), for paragraph (b) substitute—

In section 51 of the Crime and Disorder Act 1998 (sending cases to Crown Court: adults), in subsection (2)(b), after “21,” insert “ 22A(2)(b), ”.

In section 3B of the Powers of Criminal Courts (Sentencing) Act 2000 (committal for sentence on indication of guilty plea by child or young person), for subsection (1) substitute—

For the heading of that section substitute “Committal for sentence of young offenders on summary trial of certain serious offences”.

The amendment made by subsection (1) applies only if the person convicted of the offence first appeared in respect of the offence after the day on which the amendment comes into force.

For the purposes of subsection (3), a person first appears in respect of an offence when the person first appears or is brought before a magistrates’ court in the proceedings in which the person is charged with the offence.

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In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (cases where payment enforceable as on summary conviction)—

Schedule 12 to this Act makes further provision about the criminal courts charge.

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After the end of the initial period, the Lord Chancellor must carry out a review of the operation of Part 2A of the Prosecution of Offences Act 1985 (inserted by section 54 of this Act).

“The initial period” is the period of 3 years beginning with the day on which section 54(1) comes into force.

If the Lord Chancellor considers it appropriate, having regard to the conclusions reached on the review, the Lord Chancellor must by regulations repeal Part 2A of the Prosecution of Offences Act 1985.

Regulations under this section may include consequential, transitional, transitory and saving provision, including provision amending an Act (whenever passed or made).

Regulations under this section are to be made by statutory instrument.

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.

Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.

For paragraph 21 (application of Part 6: variation of collection orders containing payment terms) substitute—

In paragraph 22 (variation of collection order)—

In paragraph 25 (application of Part 7: effect of first default on collection order containing payment terms), for paragraphs (a) and (b) substitute—.

In paragraph 31 (variation of reserve terms)—

In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii) substitute—.

This section applies where, in proceedings on a claim for damages in respect of personal injury (“the primary claim”)—

The court must dismiss the primary claim, unless it is satisfied that the claimant would suffer substantial injustice if the claim were dismissed.

The duty under subsection (2) includes the dismissal of any element of the primary claim in respect of which the claimant has not been dishonest.

The court's order dismissing the claim must record the amount of damages that the court would have awarded to the claimant in respect of the primary claim but for the dismissal of the claim.

When assessing costs in the proceedings, a court which dismisses a claim under this section must deduct the amount recorded in accordance with subsection (4) from the amount which it would otherwise order the claimant to pay in respect of costs incurred by the defendant.

If a claim is dismissed under this section, subsection (7) applies to—

If the court in those proceedings finds the claimant guilty of an offence or of contempt of court, it must have regard to the dismissal of the primary claim under this section when sentencing the claimant or otherwise disposing of the proceedings.

In this section—

This section does not apply to proceedings started by the issue of a claim form before the day on which this section comes into force.

A regulated person is in breach of this section if—

An offer of a benefit to another person is an inducement to make a claim if the offer of the benefit—

An offer of a benefit may be an inducement to make a claim regardless of—

If a person other than a regulated person offers a benefit in accordance with arrangements made by or on behalf of a regulated person—

The Lord Chancellor may by regulations make provision as to the circumstances in which a benefit is related to the provision of legal services in connection with a claim, including provision about benefits relating to—

The relevant regulator must ensure that it has appropriate arrangements for monitoring and enforcing the restriction imposed on regulated persons by section 58.

A regulator may make rules for the purposes of subsection (1).

The rules may in particular provide that, in relation to anything done in breach of that section, the relevant regulator may exercise any powers that the regulator would have in relation to anything done by the regulated person in breach of another restriction (subject to subsection (4)).

A breach of section 58—

Subsection (6) applies in a case where—

Rules under subsection (2) may provide for the offer of the benefit to the person to be treated as an inducement to make a claim as mentioned in section 58(1)(b) unless the regulated person shows—

In relation to an offer of a benefit which is an inducement to make a claim in civil proceedings for damages for personal injury or death or arising out of circumstances involving personal injury or death—

For the purposes of this section and sections 58 and 59—

For the purposes of this section and section 59 whether an offer of a benefit is an inducement to make a claim is to be determined in accordance with section 58.

This section applies to regulations under section 58 or 60.

The regulations are to be made by statutory instrument.

The regulations may include consequential, supplementary, incidental, transitional, transitory or saving provision.

Regulations under section 58 may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing regulations under section 60 is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court of Protection) is amended as follows.

For subsection (2) substitute—

Omit subsection (3).

In subsection (4)(d), omit “higher”.

Part 2 of the Administration of Justice Act 1969 (appeal from High Court to Supreme Court) is amended as follows.

In section 12 (grant of a certificate by the trial judge enabling an appeal to the Supreme Court), in subsection (1)—

After subsection (3) insert—

In section 16 (application of Part 2 to Northern Ireland), after subsection (1) insert—

The Special Immigration Appeals Commission Act 1997 is amended as follows.

Before section 8 insert—

In section 1(4) (challenges to decisions of the Commission), after “section 7” insert “ and sections 7B to 7D ”.

In section 7(3) (appeals from the Commission: definition of “the appropriate appeal court”), after “In this section” insert “ and sections 7B to 7D ”.

In section 8 (procedure on applications for leave to appeal)—

In the heading of section 8, after “leave to appeal” insert “ etc ”.

Section 51 of the Senior Courts Act 1981 (costs in civil division of Court of Appeal, High Court, family court and county court) is amended as follows.

After subsection (7) (wasted costs) insert—

After subsection (12) insert—

The Juries Act 1974 is amended as follows.

In section 1(1)(a) (qualification for jury service), for the words from “and” to the end substitute “ and aged eighteen or over but under seventy six ”.

In section 3(1) (electoral register as basis of jury selection), for “less than eighteen or more than seventy years of age” substitute— .

Part 4 of the Courts Act 2003 (court security officers) is amended as follows.

After section 54 insert—

In section 55 (powers to retain articles surrendered or seized)—

In section 56(1)(a) (regulations about retention of articles)—

The Juries Act 1974 is amended as follows.

For the heading of section 20 substitute “ Offences: failure to attend, serving while disqualified etc ”.

After section 20 insert—

In the Juries Act 1974, after section 20C insert—

In the Contempt of Court Act 1981, as it extends to England and Wales, section 8 (confidentiality of jury's deliberations) is repealed.

In section 8(1) of that Act, as it extends to Scotland and Northern Ireland, at the beginning insert “ In Scotland and Northern Ireland, ”.

In the heading of that section, at the end insert “ : Scotland and Northern Ireland ”.

In Schedule 1 to the Juries Act 1974 (persons disqualified for jury service), after paragraph 6 insert—

In section 22 of the Juries Act 1974 (consequential amendments, savings and repeals), at the beginning insert—

The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

After section 45 (power to restrict reporting of criminal proceedings involving persons under 18) insert—

In section 49 (offences under Chapter 4)—

In section 50 (defences)—

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

In subsection (1)—

In subsection (1)(a)—

In subsection (1), after paragraph (a) insert—.

In subsection (1)(b)—

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

After subsection (2) insert—

In the heading of that section, omit “in newspapers”.

After that section insert—

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—.

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.