Recommendation 36

We recommend the Government should commit to a pilot of the use of remote juries, as we recommended in our COVID-19 and the Courts report. 48 1 For a summary of the main provisions, please see: UK Parliament (6 May 2021), Have your say on the Police, Crime, Sentencing and Courts Bill 2 In its report on Parliaments and the Legislative Process, the Committee observed that so called “Christmas tree bills” are those: “which seem intended to focus on a specific area of the law but then incorporate multiple provisions that deal with matters not directly related to the principal purpose of the legislation, or bills with a scope which is so widely defined as to allow a very broad range of topics to be included.” See Constitution Committee, The Legislative Process: Preparing Legislation for Parliament (4th Report, Session 2017–19, HL Paper 27), paras 169–71 3 The Bill’s full title is: “A Bill to make provision about the police and other emergency workers; to make provision about collaboration between authorities to prevent and reduce serious violence; to make provision about offensive weapons homicide reviews; to make provision for new offences and for the modification of existing offences; to make provision about the powers of the police and other authorities for the purposes of preventing, detecting, investigating or prosecuting crime or investigating other matters; to make provision about the maintenance of public order; to make provision about the removal, storage and disposal of vehicles; to make provision in connection with driving offences; to make provision about cautions; to make provision about bail and remand; to make provision about sentencing, detention, release, management and rehabilitation of offenders; to make provision about secure 16 to 19 Academies; to make provision for and in connection with procedures before courts and tribunals; and for connected purposes.” 4 Explanatory Notes to the Police, Crime , Sentencing and Courts Bill [Bill 268 (2019–21)-EN], paras 207–08 5 Constitution Committee, Coroners and Justice Bill (10th Report, Session 2008–09, HL Paper 96), para 2 6 Bater-James & Anor v R. , para 73, [2020] EWCA Crim 790 ; R v McPartland and another, para 44, [2019] EWCA Crim 1782; R v E , para 24, [2018] EWCA Crim 2456. [links not available] 7 HM Government, The end-to-end rape review report on findings and actions , CP 347, (July 2021), para 82: https://assets.publishing.service. gov.uk/government/uploads/system/uploads/attachment_data/file/1001417/ end-to-end-rape-review-report-with-correction-slip.pdf [accessed 26 July 2021] and HM Government, Tackling Violence against Women and Girls (July 2021) , p 22: https://assets. publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/ file/1005630/Tackling_Violence_Against_Women_and_Girls_Strategy-July_ 2021-FINAL.pdf [accessed 26 July 2021] 8 HM Government, The end-to-end rape review report on findings and actions , CP 347, (July 2021), para 21: https://assets.publishing. service.gov.uk/government/uploads/system/uploads/attachment_data/file/ 1001417/end-to-end-rape-review-report-with-correction-slip. pdf [accessed 26 July 2021] 9 Ibid. , p i 10 Home Office, Extraction of information from electronic devices: Draft Code of Practice (July 2021): http://data.parliament.uk/DepositedPapers/Files /DEP2021–0535/Draft_Code_of_Practice.pdf [accessed 26 July 2021] 11 Ibid. , para 31 12 Ibid. , para 54 13 Ibid. , para 56 14 HM Government, The end-to- end rape review report on findings and actions , CP 347, (July 2021), p i: https://assets.publishing.service.gov.uk/ government/uploads/system/uploads/attachment_data/file/1001417/end-to- end-rape-review-report-with-correction-slip.pdf [accessed 26 July 2021] 15 Public Order Act 1986 16 Joint Committee on Human Rights, Legislative Scrutiny: Police, Crime, Sentencing and Courts Bill Part 3 (Public Order) (Second Report, Session 2021–22, HC 331, HL Paper 23), para 62 17 Ibid ., paras 52–58 18 Ibid ., paras 59–62 19 Ibid. , para 62 20 The use of “significant” in relation to the impact of the disruption can be found in clauses 55(2), 55(3), 56(2) and 56(5) 21 Ibid. , paras 75–77 22 During the House’s consideration of the Public Order Bill in 1986 Lord Denning said: “[T]he right of assembly [has] been protected by the judges for all these years by the Common Law.” See HL Deb, 24 July 1986, col 438 . During the House’s consideration of the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill in 2013 Lord Hart of Chilton said: “Freedom of expression and freedom of assembly are rights which lie at the very heart of our constitution. Any threat to these would not only infringe Articles 10 and 11 of the European Convention on Human Rights but be contrary to fundamental common law.” See HL Deb, 22 October 2013, col 931 . 23 The Public Order Act 1986 (Provision About the Meaning of Certain Powers to Impose Conditions – Serious Disruption) Regulations 202[X] 24 Draft regulation 2(2) 25 Draft regulation 3 26 Section 11 of the 1986 Act requires any planned procession be notified to the police at least six days in advance of being held. 27 Joint Committee on Human Rights, Legislative Scrutiny: Police, Crime, Sentencing and Courts Bill Part 3 (Public Order) (Second Report, Session 2021–22, HC 331, HL Paper 23), para 90 28 Criminal Justice and Public Order Act 1994 29 The 2019 Conservative Manifesto included a commitment to provide the police with “new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised encampments” and making “intentional trespass a criminal offence; see Conservative and Unionist Party, Get Brexit Done: Unleash Britain’s Potential (2019), p 19: https://assets-global.website-files.com/5da42e2cae7ebd3f8bde353c/5dda924905da587992a064ba_ Conservative%202019%20Manifesto.pdf [accessed 8 September 2021] 30 Chapman v UK ECHR Application no. 27238/95 [2001] ; London Borough of Bromley v Persons Unknown, London Gypsies and Travellers and Others EWCA Civ 12 [2020] 31 London Borough of Bromley v Persons Unknown, London Gypsies and Travellers and Others EWCA Civ 12 [2020] ; Equality and Human Rights Commission, Police, Crime, Sentencing and Courts Bill: Equality and Human Rights Commission briefing , p 7 32 Joint Committee on Human Rights, Legislative Scrutiny: Police, Crime, Sentencing and Courts Bill (Part 4): The criminalisation of unauthorised encampments (Fourth Report, Session 2021–22, HC 478, HL Paper 37), para 32 33 House of Commons Library Briefing, Police, Crime, Sentencing and Courts Bill: Progress of the Bill (2 July 2021), Number 9273, para. 2.5 34 Joint Committee on Human Rights, Legislative Scrutiny: Police, Crime, Sentencing and Courts Bill (Part 4): The criminalisation of unauthorised encampments (Fourth Report, Session 2021–22, HC 478, HL Paper 37), para 29 35 The Joint Committee on Human Rights further reports evidence obtained by Freedom of Information request submitted by the Charity Friends, Families and Travellers which revealed that only 21 percent of police bodies agreed with the proposals to criminalise unauthorised encampments. 36 Coronavirus Act 2020 37 Clause 170 of the Bill would repeal sections 53 to 55 of and Schedules 23 to 25 to the Coronavirus Act 2020. Clause 169 amends the Criminal Justice Act 2003 to allow a criminal court to make a direction for the use of live links during “eligible criminal proceedings.” 38 Explanatory Notes to the Police, Crime , Sentencing and Courts Bill [Bill 268 (2019–21)-EN], para 1218 39 For example, in Schedule 3A, paragraph 2 inserted by paragraph 8, an appeal to the Crown Court arising out of a summary trial and proceedings in a summary trial in a magistrates’ court could take place only if the parties agree. 40 Criminal Justice Act 2003 41 Equality and Human Rights Commission, Inclusive justice: a system designed for all : Interim evidence report: Video hearings and their impact on effective participation (April 2020), p 2: https://www.equalityhumanrights .com/sites/default/files/inclusive_justice_a_system_designed_for _all_interim_report_0.pdf [accessed 8 September 2021] 42 Ibid. 43 Constitution Committee, COVID-19 and the Courts (22nd Report, Session 2019–21, HL Paper 257), para 292. They were seen to work well in appellate cases and some procedural matters in civil cases, but their functioning in criminal cases was one of those areas in which serious concerns were noted. 44 Constitution Committee, COVID-19 and the Courts (22nd Report, Session 2019–21, HL Paper 257), para 284 45 Justice Committee, Coronavirus (COVID-29): The Impact on Courts (Sixth Report, Session 2019–21, HC 519), para 300 46 BBC, ‘Law in Action’ (16 June 2020), 21:26: https://www.bbc.co.uk /sounds/play/m000k2m4 [accessed 26 July 2021] 47 Ministry of Justice, Government response to the House of Lords Select Committee on the Constitution 22nd Report of Session 2019–21: COVID-19 and the Courts , p 18 48 Constitution Committee, COVID- 19 and the Courts (22nd Report, Session 2019–21, HL Paper 257), para 220 < Back Next > © Parliamentary copyright 2021 A-Z index Glossary Contact us Freedom of Information Jobs Using this website Copyright Privacy notice Cookie policy Cookie Manager House of Lords - Police, Crime, Sentencing and Courts Bil - Select Committee on the Constitution Accessibility Email alerts RSS feeds Contact us Home Parliamentary business MPs, Lords & offices About Parliament Get involved Visiting Education House of Commons House of Lords What's on Bills & legislation Committees Publications & records Parliament TV News Topics You are here: Parliament home page > Parliamentary business > Publications and Records > Committee Publications > All Select Committee Publications > Lords Select Committees > Constitution > Constitution Police, Crime, Sentencing and Courts Bill Contents Appendix 1: List of Members and declarations of interest Members Baroness Corston Baroness Doocey Baroness Drake Lord Dunlop Lord Faulks Baroness Fookes Lord Hennessy of Nympsfield Lord Hope of Craighead Lord Howarth of Newport Lord Howell of Guildford Lord Sherbourne of Didsbury Baroness Suttie Baroness Taylor of Bolton (Chair) Declarations of interest Baroness Corston No relevant interests Baroness Doocey No relevant interests Baroness Drake No relevant interests Lord Dunlop No relevant interests Lord Faulks No relevant interests Baroness Fookes No relevant interests Lord Hennessy of Nympsfield No relevant interests Lord Hope of Craighead No relevant interests Lord Howarth of Newport No relevant interests Lord Howell of Guildford No relevant interests Lord Sherbourne of Didsbury No relevant interests Baroness Suttie No relevant interests Baroness Taylor of Bolton (Chair) No relevant interests A full list of members’ interests can be found in the Register of Lords’ Interests: https://members.parliament.uk/members/lords/interests/register-of-lords-interests Professor Stephen Tierney, University of Edinburgh, and Professor Alison Young, University of Oxford, acted as legal advisers to the Committee. They both declared no relevant interests. < Back Next > © Parliamentary copyright 2021 A-Z index Glossary Contact us Freedom of Information Jobs Using this website Copyright Privacy notice Cookie policy Cookie Manager