Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 16 — Deferred prosecution agreements
Part 3 — Consequential and transitional provision
282

(c)
section 6 (bribery of foreign public officials);
(d)
section 7 (failure of commercial organisations to prevent bribery).
27
An offence under regulation 45 of the Money Laundering Regulations 2007
(S.I. 2007/2157).
Ancillary offences
5
28
Any ancillary offence relating to an offence specified in this Part.
Interpretation of this Part
29
“Ancillary offence”, in relation to an offence, means—
(a)
aiding, abetting, counselling or procuring the commission of the
offence;
10
(b)
an offence under Part 2 of the Serious Crime Act 2007 (encouraging
or assisting crime) in relation to the offence;
(c)
attempting or conspiring to commit the offence.
30
This Schedule applies in relation to conduct occurring before the
commencement of this Schedule as if an offence specified in this Part
15
included any corresponding offence under the law in force at the time of the
conduct (and for the purposes of this paragraph, the common law offence of
inciting the commission of another offence is to be treated as an offence
corresponding to an offence under Part 2 of the Serious Crime Act 2007).
Power to amend this Part
20
31
The Secretary of State may by order amend this Part by—
(a)
adding an offence of financial or economic crime;
(b)
removing an offence.
Part 3
Consequential and transitional provision
25
Consequential amendments
32
In section 2 of the Administration of Justice (Miscellaneous Provisions) Act
1933 (procedure for indictment of offenders), in subsection (2) after
paragraph (b) insert—
“(ba)
the bill is preferred with the consent of a judge of the Crown
30
Court following a declaration by the court under paragraph
8(1) of Schedule 16 to the Crime and Courts Act 2013 (court
approval of deferred prosecution agreement); or”.
33
In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965
(issue of witness summons on application to the Crown Court), after
35
subsection (6) insert—
“(6A)
Where the proceedings concerned relate to an offence that is the
subject of a deferred prosecution agreement within the meaning of
Schedule 16 to the Crime and Courts Act 2013, an application must
be made as soon as is reasonably practicable after the suspension of
40
the proceedings is lifted under paragraph 2(3) of that Schedule.”

Crime and Courts Bill [HL]
Schedule 16 — Deferred prosecution agreements
Part 3 — Consequential and transitional provision
283

34
In Schedule 1 to the Contempt of Court Act 1981 (times when proceedings
are active for purposes of strict liability rule for contempt of court), in
paragraph 7, after paragraph (aa) insert—
“(ab)
in England and Wales, if they are
discontinued by virtue of paragraph 11 of
5
Schedule 16 to the Crime and Courts Act 2013
(deferred prosecution agreements);”.
35
In section 15 of the Prosecution of Offences Act 1985 (interpretation), in
subsection (2)(d) after “(b)” insert “or (ba)”.
36
In section 51 of the Criminal Justice and Public Order Act 1994 (intimidation
10
etc of witnesses, jurors and others), in subsection 10(a)(iii) after “2(2)(b)”
insert “or (ba)”.
37    (1)
The Criminal Procedure and Investigations Act 1996 is amended as follows.
      (2)
In section 1 (application of Part 1: disclosure), in subsection (2), after
paragraph (f) insert “, or
15
(g)
following the preferment of a bill of indictment charging a
person with an indictable offence under the authority of
section 2(2)(ba) of the Administration of Justice
(Miscellaneous Provisions) Act 1933 (bill of indictment
preferred with consent of Crown Court judge following
20
approval of deferred prosecution agreement), the suspension
of the proceedings against the person under paragraph 2(2)
of Schedule 16 to the Crime and Courts Act 2013 is lifted
under paragraph 2(3) of that Schedule.”
      (3)
In section 28 (application of Part 3: preparatory hearings), in subsection
25
(1)(c) after “2(2)(b)” insert “or (ba)”.
      (4)
In section 39 (meaning of pre-trial hearing), in subsection (2)(a) after
“2(2)(b)” insert “or (ba)”.
      (5)
In Schedule 3 (fraud), in paragraph 8(1)(c) after “2(2)(b)” insert “or (ba)”.
38
In section 85 of the Proceeds of Crime Act 2002 (proceedings), in subsection
30
(1)(c) at the end insert “or subsection (2)(ba) of that section (preferment by
Crown Court judge following approval of deferred prosecution
agreement)”.
Transitional provision
39    (1)
Conduct constituting an alleged offence that occurred before the relevant
35
commencement day may be taken into account for the purposes of this
Schedule.
      (2)
In this paragraph, the “relevant commencement day” means—
(a)
in a case where the alleged offence is an offence that is specified in
Part 2 when this Schedule comes into force, the day on which this
40
Schedule comes into force;
(b)
in a case where the alleged offence is an offence that is subsequently
added to Part 2 (whether by order under paragraph 31 or otherwise),
the day when the enactment adding that offence to Part 2 comes into
force.
45

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 1 — General
284

Schedule 17
Section 36

Powers of immigration officers: further provision
Part 1
General
Police Act 1997
5
1
The Police Act 1997 is amended as follows.
2     (1)
Section 93 (authorisations to interfere with property etc) is amended in
accordance with this paragraph.
      (2)
In subsection (1B), after “Customs” insert “, an immigration officer”.
      (3)
In subsection (3)—
10
(a)
in paragraph (d), omit the final “or”;
(b)
after paragraph (d) insert—
“(da)
if the authorising officer is within subsection (5)(ha),
by an immigration officer;”.
      (4)
In subsection (4)—
15
(a)
in the words after paragraph (b), for “it” substitute “the conduct”;
(b)
after “1979” insert “or, where the authorising officer is within
subsection (5)(ha), any of the offences is an immigration or
nationality offence”.
      (5)
In subsection (5)(h), omit “or”.
20
      (6)
After subsection (6B), insert—
“(6C)
For the purposes of this section, an offence is an immigration or
nationality offence if conduct constituting the offence—
(a)
relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
25
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b)
is undertaken for the purposes of, or otherwise in relation to,
any of these enactments—
(i)
the British Nationality Act 1981;
30
(ii)
the Hong Kong Act 1985;
(iii)
the Hong Kong (War Wives and Widows) Act 1996;
(iv)
the British Nationality (Hong Kong) Act 1997;
(v)
the British Overseas Territories Act 2002;
(vi)
an instrument made under any of those Acts.”.
35
3
In section 94 (authorisations given in absence of authorising officer), in
subsection (2), after paragraph (f) insert—
“(fa)
where the authorising officer is within paragraph (ha) of that
subsection, by a senior official (within the meaning of the
Regulation of Investigatory Powers Act 2000) in the
40
department of the Secretary of State by whom functions

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 1 — General
285

relating to immigration are exercisable who is designated by
the Secretary of State for the purposes of this section;”.
4
In section 107 (supplementary provisions relating to Commissioners), in
subsection (4), after paragraph (c) insert—
“(d)
the functions of the Secretary of State relating to
5
immigration.”.
Regulation of Investigatory Powers Act 2000
5
The Regulation of Investigatory Powers Act 2000 is amended as follows.
6
In section 32(6) (authorisation of intrusive surveillance: senior authorising
officers), in paragraph (m), omit the final “and”.
10
7     (1)
Section 33 (rules for grant of authorisations) is amended in accordance with
this paragraph.
      (2)
After subsection (4) insert—
“(4ZA)
A senior official who is a senior authorising officer by virtue of a
designation by the Secretary of State under section 32(6)(ma) shall
15
not grant an authorisation for the carrying out of intrusive
surveillance except on an application made by an immigration
officer.”.
      (3)
In subsection (5)(a), after “Customs” insert “, an immigration officer”.
8     (1)
Section 34 (grant of authorisations in the senior officer’s absence) is
20
amended in accordance with this paragraph.
      (2)
In subsection (1)(a), after “Customs” insert “or an immigration officer”.
      (3)
In subsection (2)(a), after “Customs” insert “or the Secretary of State”.
      (4)
In subsection (4), after paragraph (l) insert—
“(la)
a person is entitled to act for a person who is a senior
25
authorising officer by virtue of a designation under section
32(6)(ma), if the person is a senior official in the department
of the Secretary of State by whom functions relating to
immigration are exercisable who is designated for the
purposes of this paragraph by the Secretary of State as a
30
person entitled so to act in an urgent case;”.
9     (1)
Section 35 (notification of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.
      (2)
In subsection (1), after “Customs” insert “, immigration”.
      (3)
In subsection (10)—
35
(a)
in the words before paragraphs (a) to (c), after “Customs” insert “,
immigration”;
(b)
in paragraph (b), for “by the Commissioners for Her Majesty’s
Revenue and Customs” substitute “under section 32(6)(m) or (ma)”.
10    (1)
Section 36 (approval required for authorisations to take effect) is amended
40
in accordance with this paragraph.
      (2)
In subsection (1)—

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 1 — General
286

(a)
in paragraph (d) omit “or”;
(b)
after paragraph (d) insert—
“(da)
an immigration officer; or”.
      (3)
In subsection (6)—
(a)
in paragraph (g) omit the final “and”;
5
(b)
after paragraph (g) insert—
“(ga)
where the authorisation was granted by a senior
official designated under section 32(6)(ma) or entitled
to act for such an official under section 34(4)(la), the
senior official designated under section 32(6)(ma);
10
and”.
11
In section 37 (quashing of authorisations), in subsection (1)—
(a)
in paragraph (d) omit “or”;
(b)
after paragraph (d) insert—
“(da)
an immigration officer; or”.
15
12
In section 40 (information to be provided to Surveillance Commissioners), in
subsection (1)—
(a)
in paragraph (d) omit the final “and”;
(b)
after paragraph (d) insert—
“(da)
every immigration officer and every other official in
20
the department of the Secretary of State by whom
functions relating to immigration are exercisable,
and”.
13
In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3)—
25
(a)
in paragraph (e) omit the final “and”;
(b)
after paragraph (e) insert—
“(ea)
the department of the Secretary of State by whom
functions relating to immigration are exercisable;
and”.
30
Proceeds of Crime Act 2002
14
The Proceeds of Crime Act 2002 is amended as follows.
15
In section 41A (restraint orders: power to retain seized property etc), in
subsection (3), after paragraph (c) insert—
“(ca)
an immigration officer;”.
35
16    (1)
Section 47C (power to seize property) is amended in accordance with this
paragraph.
      (2)
Subsection (6) is amended as follows—
(a)
after paragraph (a) insert—
“(aa)
where applicable, in accordance with subsection (6A)
40
or (6B).”;
(b)
for “(b)  is exercisable” substitute—
“(6A)
The power conferred by this section is exercisable”.

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 1 — General
287

      (3)
After subsection (6A) insert—
“(6B)
The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—
(a)
relates to the entitlement of one or more persons who are not
5
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b)
is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.
10
      (4)
After subsection (7) insert—
“(8)
“Relevant nationality enactment” means any enactment in—
(a)
the British Nationality Act 1981,
(b)
the Hong Kong Act 1985,
(c)
the Hong Kong (War Wives and Widows) Act 1996,
15
(d)
the British Nationality (Hong Kong) Act 1997,
(e)
the British Overseas Territories Act 2002, or
(f)
an instrument made under any of those Acts.”.
17
In section 47G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—
20
“(aa)
in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
officer,”.
18
In section 47M (further detention in other cases), in subsection (3), after
25
paragraph (a) insert—
“(aa)
an immigration officer;”.
19
In section 72 (serious default), in subsection (9), after paragraph (e) insert—
“(ea)
if the person in default was an immigration officer, the
compensation is payable by the Secretary of State;”.
30
20
In section 120A (restraint orders: power to retain seized property etc), in
subsection (3), after paragraph (b) insert—
“(ba)
an immigration officer;”.
21    (1)
Section 127C (power to seize property) is amended in accordance with this
paragraph.
35
      (2)
Subsection (6) is amended as follows—
(a)
after paragraph (a) insert—
“(aa)
where applicable, in accordance with subsection (6A)
or (6B).”;
(b)
for “(b)  is exercisable” substitute—
40
“(6A)
The power conferred by this section is exercisable”.
      (3)
After subsection (6A) insert—
“(6B)
The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—
45

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 1 — General
288

(a)
relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b)
is undertaken for the purposes of, or otherwise in relation to,
5
a relevant nationality enactment.”.
      (4)
After subsection (7) insert—
“(8)
“Relevant nationality enactment” means any enactment in—
(a)
the British Nationality Act 1981,
(b)
the Hong Kong Act 1985,
10
(c)
the Hong Kong (War Wives and Widows) Act 1996,
(d)
the British Nationality (Hong Kong) Act 1997,
(e)
the British Overseas Territories Act 2002, or
(f)
an instrument made under any of those Acts.”.
22
In section 127G (“appropriate approval”), in subsection (3), after paragraph
15
(a) insert—
“(aa)
in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
officer,”.
20
23
In section 127M (further detention in other cases: Scotland), in subsection (3),
after paragraph (a) insert—
“(aa)
an immigration officer;”.
24
In section 190A (restraint orders: power to retain seized property), in
subsection (3), after paragraph (c) insert—
25
“(ca)
an immigration officer;”.
25    (1)
Section 195C (power to seize property) is amended in accordance with this
paragraph.
      (2)
Subsection (6) is amended as follows—
(a)
after paragraph (a) insert—
30
“(aa)
where applicable, in accordance with subsection (6A)
or (6B).”;
(b)
for “(b)  is exercisable” substitute—
“(6A)
The power conferred by this section is exercisable”.
      (3)
After subsection (6A) insert—
35
“(6B)
The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—
(a)
relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
40
in, the United Kingdom (including conduct which relates to
conditions or other controls on any such entitlement), or
(b)
is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.