Session 2012 - 13
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Crime and Courts Bill [HL]


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

289

 

      (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,

5

(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.”.

26         

In section 195G (“appropriate approval”), in subsection (3), after paragraph

(a) insert—

10

“(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,”.

27         

In section 195M (further detention in other cases: Northern Ireland), in

15

subsection (3), after paragraph (a) insert—

“(aa)   

an immigration officer;”.

28         

In section 297A (forfeiture notice), in subsection (6), after paragraph (a)

insert—

“(aa)   

an immigration officer of a rank designated by the Secretary

20

of State as equivalent to that of a senior police officer,”.

29         

In section 297F (release of cash subject to forfeiture notice), in subsection (4),

after “Customs,” insert “immigration officer,”.

30         

In section 351 (supplementary provision about production orders), in

subsection (5)—

25

(a)   

after “customs officer” (in the first place) insert “or an immigration

officer”;

(b)   

after “customs officer” (in the second place) insert “or immigration

officer”.

31         

In section 352 (search and seizure warrants), in subsection (5)—

30

(a)   

in paragraph (a), after “a customs officer” insert “or an immigration

officer”;

(b)   

in paragraph (c), after “Customs” insert “or an immigration officer”.

32         

In section 353 (requirements where production order not available), in

subsection (10)—

35

(a)   

in paragraph (a)—

(i)   

for “investigator or” substitute “investigator,”;

(ii)   

after “customs officer” insert “or an immigration officer”;

(b)   

in paragraph (c)—

(i)   

for “investigator or” substitute “investigator,”;

40

(ii)   

after “Customs” insert “or an immigration officer”.

33         

In section 356 (further provisions: civil recovery and detained cash), in

subsection (11)(b), after “Customs” insert “or an immigration officer”.

34         

In section 357 (disclosure orders), in subsection (8)—

(a)   

in paragraph (c), omit the final “and”;

45

 
 

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

290

 

(b)   

at the end of paragraph (d), insert “; and—

(e)   

in relation to a confiscation investigation carried out

by an immigration officer, the Director of Public

Prosecutions, the Director of Public Prosecutions for

Northern Ireland or any specified person.”.

5

35    (1)  

Section 369 (supplementary provision about customer information orders) is

amended in accordance with this paragraph.

      (2)  

In subsection (5)—

(a)   

after “customs officer” (in the first place) insert “or an immigration

officer”;

10

(b)   

after “customs officer” (in the second place) insert “or immigration

officer”.

      (3)  

In subsection (7), after “customs officer” insert “or an immigration officer”.

36         

In section 375 (supplementary provision about account monitoring orders),

in subsection (4)—

15

(a)   

after “customs officer” (in the first place) insert “or an immigration

officer”;

(b)   

after “customs officer” (in the second place) insert “or immigration

officer”.

37    (1)  

Section 377 (code of practice of Secretary of State etc) is amended in

20

accordance with this paragraph.

      (2)  

In subsection (1), after paragraph (e) insert—

“(f)   

immigration officers.”.

      (3)  

In subsection (5), for “(e)” substitute “(f)”.

38         

In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the

25

provision which relates to references to a “constable”, after “customs and

excise officer” insert “and to an immigration officer”.

UK Borders Act 2007

39         

In section 24 of the UK Borders Act 2007 (seizure of cash by immigration

officers under Proceeds of Crime Act 2002), in subsection (2)(c), for “of the

30

rank of at least Assistant Director” substitute “at or above the grade which is

designated by the Secretary of State as being equivalent to the rank of police

inspector”.

Saving of provisions of Borders, Citizenship and Immigration Act 2009

40         

The amendments made to any other Act by section 36 or this Schedule do not

35

prevent sections 1(4), 3(5), 7(5) and 11(4) of the Borders, Citizenship and

Immigration Act 2009 from applying to the amended Act (including those

provisions of that Act as amended by section 36 or this Schedule).

 
 

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 2 — Modification of applied enactments

291

 

Part 2

Modification of applied enactments

Criminal Justice and Public Order Act 1994

41         

Paragraphs 42 and 43 have effect for the purposes of the application of

sections 136 to 139 of the Criminal Justice and Public Order Act 1994 to

5

immigration officers by virtue of section 36(7).

42         

A reference to a constable (including a reference to a constable of a police

force in England and Wales, a constable of a police force in Scotland or a

constable of a police force in Northern Ireland) is to be treated as a reference

to an immigration officer.

10

43    (1)  

This paragraph has effect in relation to the application of section 138 of the

1994 Act to immigration officers.

      (2)  

Subsection (1B) is to be treated as if it provided as follows—

“(1B)   

Where a person is arrested under subsection (2) of the principal

section but not charged in connection with an offence, subsections (2)

15

to (9) of section 25A of the Criminal Law (Consolidation) (Scotland)

Act 1995 (right of suspects to have access to a solicitor) apply with the

following modifications—

(a)   

omit the references to “other premises or place” in

subsections (2) and (6);

20

(b)   

the right under subsection (2) arises when the person is

arrested;

(c)   

subsection (6) is to be read as requiring that the person be

informed of the rights under section 25A(2) and (3) on being

arrested.”.

25

      (3)  

In subsection (2), the references to the 1995 Act and to section 14(1) of that

Act are to be treated as references to the Criminal Law (Consolidation)

(Scotland) Act 1995 (the “consolidation Act”) and to section 24(1) of that Act.

      (4)  

Subsection (2A) is to be treated as if provided as follows—

“(2A)   

Those provisions are—

30

(a)   

section 24(2) to (8A) (detention and questioning at police

station);

(b)   

sections 24A and 24B (extension of period of detention under

section 24B);

(c)   

section 25 (right to have someone informed when detained);

35

(d)   

section 25A(2) to (9) (right of access to solicitor).”.

      (5)  

In subsection (6) the reference to the 1995 Act is to be treated as a reference

to the consolidation Act.

      (6)  

In subsection (7)—

(a)   

the reference to section 14 is to be treated as a reference to section 24

40

of the consolidation Act;

(b)   

the reference to subsections (6) and (9) of section 14 is to be treated as

a reference to subsections (5) and (8) of section 24.

      (7)  

In subsection (8)—

 
 

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 3 — Scotland

292

 

(a)   

the reference to section 15 is to be treated as a reference to section 25

of the consolidation Act;

(b)   

paragraph (a) is to be treated as if it provided as follows—

“(a)   

in subsection (1)—

(i)   

the words “other premises or place” (in both

5

places) are to be treated as if they referred to a

police station;

(ii)   

the reference in paragraph (a) to other

premises is to be treated as a reference to a

police station;

10

(iii)   

paragraph (b) does not apply;

(iv)   

the references in paragraph (c)(i) and (iii) to

the right under subsection (1)(b) are to be

treated as references to the right under section

25(1) to have someone informed when

15

detained;

(v)   

the references in paragraph (c)(ii) to

subsection (1)(b) is to be treated as a reference

to section 25(1);

(vi)   

the reference in paragraph (c)(iii) to

20

subsection (2) is to be treated as a reference to

the words in section 25(1) beginning “and the

person shall be informed”;

(vii)   

the reference to subsection (4) is to be treated

as a reference to section 25(2).”.

25

      (8)  

In subsection (9)—

(a)   

the reference to section 15A is to be treated as a reference to section

25A;

(b)   

paragraph (a) is to be treated as if it provided as follows—

“(a)   

the words “other premises or place” in subsections (2)

30

and (6) are to be treated as referring to a police

station;”;

(c)   

in paragraph (b)(iii) the reference to section 15A(2) and (3) is to be

treated as a reference to section 25A(2) and (3).

Part 3

35

Scotland

Criminal Law (Consolidation) (Scotland) Act 1995

44         

The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as

follows.

45    (1)  

Section 24 (detention and questioning at office of Revenue and Customs) is

40

amended in accordance with this paragraph.

      (2)  

In the title of the section, for “at office of Revenue and Customs” substitute

: Revenue and Customs, immigration and nationality offences”.

      (3)  

In subsection (5)—

(a)   

in paragraph (a)—

45

 
 

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 3 — Scotland

293

 

(i)   

after “Customs” insert “(in a case falling within subsection

(A1)(a)) or police station (in a case falling within subsection

(A1)(b))”;

(ii)   

after “premises” insert “(in either of those cases)”;

(b)   

in paragraph (d)—

5

(i)   

after “subsection (1)” insert “or (1A)”;

(ii)   

after “Customs” insert “(in a case falling within subsection

(A1)(a)) or police station (in a case falling within subsection

(A1)(b))”;

(iii)   

after “premises” insert “(in either of those cases)”.

10

46         

In section 25 (right to have someone informed when detained), in subsection

(1)—

(a)   

in the words before paragraph (a)—

(i)   

after “Customs” (in the first place) insert “(in a case falling

within subsection (A1)(a)) or police station (in a case falling

15

within subsection (A1)(b))”;

(ii)   

after “place” (in the first place) insert “(in either of those

cases)”;

(iii)   

after “Customs” (in the second place) insert “, police station”;

(b)   

in paragraph (a), after “Customs” insert “, police station”.

20

47    (1)  

Section 25A (right of suspects to have access to a solicitor) is amended in

accordance with this paragraph.

      (2)  

In subsection (1)—

(a)   

in paragraph (b)—

(i)   

for “an officer” substitute “an officer of Revenue and

25

Customs”;

(ii)   

omit the final “or”;

(b)   

in paragraph (c), for “an officer” (in each place) substitute “an officer

of Revenue and Customs”;

(c)   

after paragraph (c) insert—

30

“(d)   

attends voluntarily at a police station or any other

premises or place for the purpose of being questioned

by an immigration officer on suspicion of having

committed an immigration offence or nationality

offence; or

35

(e)   

is arrested (but not charged) by an immigration

officer in connection with an immigration offence or

nationality offence and is being detained at a police

station or any other premises or place for the purpose

of being questioned by an immigration officer in

40

connection with the offence.”.

      (3)  

In subsection (2)(b), after “Customs” insert “, police station”.

      (4)  

In subsection (6)(a), after “Customs” insert “, police station”.

48         

In section 26B (interpretation of Part 3 etc)—

(a)   

in subsection (1), for the definition of “officer” substitute—

45

““officer” means—

(a)   

for the purposes of sections 24 to 25A—

 
 

Crime and Courts Bill [HL]
Schedule 17 — Powers of immigration officers: further provision
Part 3 — Scotland

294

 

(i)   

an officer of Revenue and Customs (in

relation to detention by, attendance for

the purpose of being questioned by, or

arrest by, such an officer), or

(ii)   

an immigration officer (in relation to

5

detention by, attendance for the

purpose of being questioned by, or

arrest by, such an officer); and

(b)   

for the purposes of the other provisions of this

Part of this Act, an officer of Revenue and

10

Customs.”;

(b)   

in subsection (2), for the words from “this Act” to “had authority”

substitute “this Act—

(a)   

a certificate of the Commissioners for Her Majesty’s

Revenue and Customs that an officer of Revenue of

15

Customs, or

(b)   

a certificate of the Secretary of State that an

immigration officer,

   

had authority”.

49    (1)  

The amendments made by section 36(13), and paragraph 45 of this Schedule,

20

do not affect section 24 of the 1995 Act as it applies by virtue of section 26(8)

of that Act in respect of a person detained under section 26 of that Act

(detention in connection with certain drug smuggling offences).

      (2)  

The amendments made by paragraph 46 of this Schedule do not affect

section 25(1) of the 1995 Act as it applies by virtue of section 26(9) of that Act

25

in respect of a person detained under section 26 of that Act (detention in

connection with certain drug smuggling offences).

Consequential amendments relating to legal aid in Scotland

50    (1)  

In section 8A of the Legal Aid (Scotland) Act 1986 (power to provide for

criminal advice and assistance to be available for certain clients without

30

reference to the financial limits), in subsection (2)(b), after “offences” insert

“or immigration or nationality offences”.

      (2)  

In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial

Conditions and Contributions) (Scotland) Regulations 2011 (criminal advice

and assistance: automatic availability in certain circumstances), in

35

paragraph (b), after “offences” insert “or immigration or nationality

offences”.

      (3)  

The amendment of regulation 8 by sub-paragraph (2) above does not

prevent the provision made by that amendment from being amended or

revoked by exercise of the power conferred by section 8A of the Legal Aid

40

(Scotland) Act 1986 or any other power.

      (4)  

Regulation 3(1)(b) of the Criminal Legal Assistance (Duty Solicitors)

(Scotland) Regulations 2011 (duty solicitors: advice for suspects) applies in

relation to a person to whom section 25A of the 1995 Act applies by virtue of

its amendment by paragraph 46 of this Schedule; and, accordingly, in

45

regulation 3(1)(b), after “customs” insert “, immigration and nationality”.

      (5)  

But regulation 3(1)(b) does not have effect in relation to such a person in a

case where—

 
 

Crime and Courts Bill [HL]
Schedule 18 — Drugs and driving: minor and consequential amendments

295

 

(a)   

the person is detained under section 24 of the 1995 Act, and the

period of detention began before the time at which paragraph 46 of

this Schedule comes into force;

(b)   

the person attends as mentioned in section 25A(1)(d) of the 1995 Act,

and the period of attendance began before that time; or

5

(c)   

the person is arrested and detained as mentioned in section 25A(1)(e)

of that Act, and the arrest occurred before that time.

      (6)  

Sub-paragraph (4) does not affect the application of regulation 3(1)(b) in

relation to a person to whom section 25A of the 1995 Act applies otherwise

than by virtue of its amendment by paragraph 47 of this Schedule.

10

      (7)  

Sub-paragraphs (4) to (6) do not prevent regulation 3(1)(b) from being

amended or revoked by exercise of any power conferred by the Legal Aid

(Scotland) Act 1986 or any other power.

      (8)  

In this paragraph “1995 Act” means the Criminal Law (Consolidation)

(Scotland) Act 1995.

15

Schedule 18

Section 37

 

Drugs and driving: minor and consequential amendments

Road Traffic Act 1988 (c. 52)

1          

The Road Traffic Act 1988 is amended as follows.

2     (1)  

Section 3A (causing death by careless driving when under influence of drink

20

or drugs) is amended as follows.

      (2)  

In subsection (1), after paragraph (b) insert—

“(ba)   

he has in his body a specified controlled drug and the

proportion of it in his blood or urine at that time exceeds the

specified limit for that drug, or”.

25

      (3)  

In subsection (3), after “(1)(b)” insert “, (ba)”.

3     (1)  

Section 6C (preliminary drug test) is amended as follows.

      (2)  

In subsection (1)(b), for “in his body.” substitute “in his body and if so—

(i)   

whether it is a specified controlled drug;

(ii)   

if it is, whether the proportion of it in the person’s

30

blood or urine is likely to exceed the specified limit for

that drug.”

      (3)  

After subsection (2) insert—

“(3)   

Up to three preliminary drug tests may be administered.”

4          

In section 6D (arrest), in subsection (1), for the words after “preliminary

35

breath test” substitute “or preliminary drug test the constable reasonably

suspects that—

(a)   

the proportion of alcohol in the person’s breath or blood

exceeds the prescribed limit, or

 
 

 
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Revised 20 December 2012