Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]


Crime and Courts Bill [HL]
Part 2 — Courts and Justice

31

 

29      

Abolition of scandalising the judiciary as form of contempt of court

(1)   

Scandalising the judiciary (also referred to as scandalising the court or

scandalising judges) is abolished as a form of contempt of court under the

common law of England and Wales.

(2)   

That abolition does not prevent proceedings for contempt of court being

5

brought against a person for conduct that immediately before that abolition

would have constituted both scandalising the judiciary and some other form of

contempt of court.

Self-defence

30      

Use of force in self-defence at place of residence

10

(1)   

Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable

force for purposes of self-defence etc) is amended as follows.

(2)   

Before subsection (6) (force not regarded as reasonable if it was

disproportionate) insert—

“(5A)   

In a householder case, the degree of force used by D is not to be

15

regarded as having been reasonable in the circumstances as D believed

them to be if it was grossly disproportionate in those circumstances.”

(3)   

In subsection (6) at the beginning insert “In a case other than a householder

case,”.

(4)   

After subsection (8) insert—

20

“(8A)   

For the purposes of this section “a householder case” is a case where—

(a)   

the defence concerned is the common law defence of self-

defence,

(b)   

the force concerned is force used by D while in or partly in a

building, or part of a building, that is a dwelling or is forces

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accommodation (or is both),

(c)   

D is not a trespasser at the time the force is used, and

(d)   

at that time D believed V to be in, or entering, the building or

part as a trespasser.

(8B)   

Where—

30

(a)   

a part of a building is a dwelling where D dwells,

(b)   

another part of the building is a place of work for D or another

person who dwells in the first part, and

(c)   

that other part is internally accessible from the first part,

   

that other part, and any internal means of access between the two parts,

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are each treated for the purposes of subsection (8A) as a part of a

building that is a dwelling.

(8C)   

Where—

(a)   

a part of a building is forces accommodation that is living or

sleeping accommodation for D,

40

(b)   

another part of the building is a place of work for D or another

person for whom the first part is living or sleeping

accommodation, and

(c)   

that other part is internally accessible from the first part,

 
 

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general

32

 

   

that other part, and any internal means of access between the two parts,

are each treated for the purposes of subsection (8A) as a part of a

building that is forces accommodation.

(8D)   

Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as

they apply for the purposes of subsection (3).

5

(8E)   

The fact that a person derives title from a trespasser, or has the

permission of a trespasser, does not prevent the person from being a

trespasser for the purposes of subsection (8A).

(8F)   

In subsections (8A) to (8C)—

“building” includes a vehicle or vessel, and

10

“forces accommodation” means service living accommodation for

the purposes of Part 3 of the Armed Forces Act 2006 by virtue of

section 96(1)(a) or (b) of that Act.”

(5)   

In subsection (9) (section intended to be clarificatory) after “This section” insert

“, except so far as making different provision for householder cases,”.

15

(6)   

An amendment made by this section does not apply in respect of force used

before the amendment comes into force.

Community and other non-custodial sentencing

31      

Dealing non-custodially with offenders

Schedule 15 (which makes provision about community orders, restorative

20

justice, community requirements in suspended sentence orders, compensation

orders and fines etc) has effect.

Deferred prosecution agreements

32      

Deferred prosecution agreements

Schedule 16 makes provision about deferred prosecution agreements.

25

Part 3

Miscellaneous and general

Border control

33      

Immigration cases: appeal rights; and facilitating combined appeals

(1)   

In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002

30

(grounds of appeal: decision unlawful because of race discrimination etc by

Northern Ireland public authority) after “1997” insert “or by virtue of section

29 of the Equality Act 2010 (discrimination in the exercise of public functions

etc) so far as relating to race as defined by section 9(1) of that Act”.

(2)   

In section 99 of that Act (pending appeals lapse on issue of certificates)—

35

(a)   

in subsection (1) (list of provisions under which certificates may be

issued) omit “96(1) or (2),”, and

 
 

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general

33

 

(b)   

in the title, for “96 to” substitute “97 and”.

(3)   

For section 47(1) of the Immigration, Asylum and Nationality Act 2006

(decision that person is to be removed from the United Kingdom may be made

while person can bring appeal) substitute—

“(1)   

Where the Secretary of State gives written notice of a pre-removal

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decision to the person affected, the Secretary of State may—

(a)   

in the document containing that notice,

(b)   

in a document enclosed in the same envelope as that document,

(c)   

otherwise on the occasion when that notice is given to the

person, or

10

(d)   

at any time after that occasion but before an appeal against the

pre-removal decision is brought under section 82(1) of the

Nationality, Immigration and Asylum Act 2002,

   

also give the person written notice that the person is to be removed

from the United Kingdom under this section in accordance with

15

directions given by an immigration officer if and when the person’s

leave to enter or remain in the United Kingdom expires.

(1A)   

In subsection (1) “pre-removal decision” means—

(a)   

a decision on an application—

(i)   

for variation of limited leave to enter or remain in the

20

United Kingdom, and

(ii)   

made before the leave expires,

(b)   

a decision to revoke a person’s leave to enter or remain in the

United Kingdom, or

(c)   

a decision to vary a person’s leave to enter or remain in the

25

United Kingdom where the variation will result in the person

having no leave to enter or remain in the United Kingdom.”

34      

Appeals against refusal of entry clearance to visit the UK

(1)   

Section 88A of the Nationality, Immigration and Asylum Act 2002 as inserted

by the 2006 Act (appeals against refusal of entry clearance) is amended in

30

accordance with subsections (3) to (5).

(2)   

In section 4(1) of the 2006 Act, the section 88A to be inserted into the

Nationality, Immigration and Asylum Act 2002 is amended in accordance with

subsections (3) to (5).

(3)   

In section 88A(1) omit paragraph (a) (power to allow the making of appeals by

35

certain visitors).

(4)   

In section 88A(2) omit paragraph (a) (provision supplementing subsection

(1)(a)).

(5)   

In section 88A(2)(c) (provision supplementing subsection (1)(a) and (b)) for

“circumstances of the applicant, of the person whom the applicant seeks to visit

40

or” substitute “circumstances of the applicant or of the person”.

(6)   

In section 4(3)(e) of the 2006 Act for “88A(1)(a) or (b)” substitute “88A(1)(b)”.

(7)   

After the coming into force of this subsection, the power under section 62 of the

2006 Act (power to make commencement orders) so far as exercisable in

 
 

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general

34

 

relation to section 4(1) of the 2006 Act is power to provide for the coming into

force of section 4(1) of the 2006 Act as amended by this section.

(8)   

In this section “the 2006 Act” means the Immigration, Asylum and Nationality

Act 2006.

35      

Restriction on right of appeal from within the United Kingdom

5

(1)   

The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2)   

In section 92 (appeals from within the United Kingdom: general), after

subsection (2) insert—

“(2A)   

So far as it relates to an immigration decision of a kind specified in

section 82(2)(e), subsection (2) is subject to section 97B.”

10

(3)   

After section 97A insert—

“97B    

Variation of leave on grounds of public good: rights of appeal

(1)   

This section applies to an immigration decision of a kind referred to in

section 82(2)(e) if the Secretary of State, acting in person, certifies that

the decision is or was taken wholly or partly on the ground that it is no

15

longer conducive to the public good for the person to have leave to

enter or remain in the United Kingdom.

(2)   

If the person concerned is outside the United Kingdom when the

immigration decision is taken, an appeal under section 82(1) against

that decision may be brought only from outside the United Kingdom.

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(3)   

Accordingly, the person concerned may not enter the United Kingdom

for the purposes of an appeal against that decision and the person’s

appeal against that decision is not one of a kind to which section 92

applies.”

36      

Powers of immigration officers

25

(1)   

In the Police Act 1997, in section 93 (authorisations to interfere with property

etc: authorising officers), in subsection (5), after paragraph (h) insert—

“(ha)   

an immigration officer who is a senior official within the

meaning of the Regulation of Investigatory Powers Act 2000

and who is designated for the purposes of this paragraph by the

30

Secretary of State;”.

(2)   

In the Regulation of Investigatory Powers Act 2000, in section 32(6)

(authorisation of intrusive surveillance: senior authorising officers), after

paragraph (m) insert—

“(ma)   

a senior official in the department of the Secretary of State by

35

whom functions relating to immigration are exercisable who is

designated for the purposes of this paragraph by the Secretary

of State; and”.

(3)   

The Proceeds of Crime Act 2002 is amended in accordance with subsections (4)

and (5).

40

(4)   

In the 2002 Act—

(a)   

in section 47A (search and seizure powers under sections 47B to 47S:

meaning of “appropriate officer”), in subsection (1), after paragraph (a)

 
 

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general

35

 

insert—

“(aa)   

an immigration officer;”;

(b)   

in section 127A (search and seizure powers in Scotland under sections

127B to 127R: meaning of “appropriate officer”), in subsection (1), after

paragraph (a) insert—

5

“(aa)   

an immigration officer, or”;

(c)   

in section 195A (search and seizure powers in Northern Ireland under

sections 195B to 195S: meaning of “appropriate officer”), in subsection

(1), after paragraph (a) insert—

“(aa)   

an immigration officer, or”.

10

(5)   

In section 378 of the 2002 Act (appropriate officers and senior appropriate

officers for the purposes of investigations under Part 8 of that Act)—

(a)   

in subsection (1) (appropriate officers for confiscation investigations),

after paragraph (d) insert—

“(e)   

an immigration officer.”;

15

(b)   

in subsection (2) (senior appropriate officers for confiscation

investigations), after paragraph (c) insert—

“(ca)   

an immigration officer who is not below such grade as is

designated by the Secretary of State as equivalent to that

rank;”;

20

(c)   

in subsection (3A) (appropriate officers for detained cash

investigations), after paragraph (b) insert—

“(c)   

an immigration officer.”;

(d)   

in subsection (4) (appropriate officers for money laundering

investigations), after paragraph (c) insert—

25

“(d)   

an immigration officer.”;

(e)   

in subsection (6) (senior appropriate officers in relation to money

laundering investigations), after paragraph (b) insert—

“(ba)   

an immigration officer who is not below such grade as is

designated by the Secretary of State as equivalent to that

30

rank;”.

(6)   

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

officers under Proceeds of Crime Act 2002)—

(a)   

in subsection (2), for paragraphs (a) and (b) substitute—

“(a)   

“unlawful conduct”, in or in relation to section 289,

35

means conduct which—

(i)   

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

40

conditions or other controls on any such

entitlement), or

(ii)   

is undertaken for the purposes of, or otherwise

in relation to, a relevant nationality enactment,

   

and (in either case) constitutes an offence,”;

45

(b)   

after subsection (2) insert—

“(2A)   

In subsection (2)(a)(ii) “relevant nationality enactment” means

any enactment in—

(a)   

the British Nationality Act 1981,

 
 

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general

36

 

(b)   

the Hong Kong Act 1985,

(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.”.

5

(7)   

Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution

of warrants and powers of arrest and search) apply to an immigration officer

as they apply to a constable (but subject to subsection (8) below and

paragraphs 41 to 43 of Schedule 17).

(8)   

An immigration officer may exercise a power under sections 136 to 139 of the

10

1994 Act only—

(a)   

in the exercise of a function which 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 a function

which relates to conditions or other controls on any such entitlement),

15

(b)   

in exercising a function under, or for the purposes of—

(i)   

the British Nationality Act 1981,

(ii)   

the Hong Kong Act 1985,

(iii)   

the Hong Kong (War Wives and Widows) Act 1996,

(iv)   

the British Nationality (Hong Kong) Act 1997,

20

(v)   

the British Overseas Territories Act 2002,

(vi)   

an instrument made under any of those Acts, or

(c)   

in connection with the prevention, investigation or prosecution of any

of the following offences (insofar as that does not involve the exercise

of a function which falls within paragraph (a) or (b))—

25

(i)   

an offence under section 26(1)(a), (b) or (g) of the Immigration

Act 1971 (refusal or failure to submit to examination or to

furnish information etc, or obstruction of immigration officer);

(ii)   

an offence under section 22 of the UK Borders Act 2007

(assaulting an immigration officer).

30

(9)   

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

accordance with subsections (10) to (12).

(10)   

In section 24 of the 1995 Act (detention and questioning at office of Revenue

and Customs)—

(a)   

in subsection (1), in the words before paragraph (a), for the words from

35

the beginning to “the officer may” substitute—

“(A1)   

The powers conferred by subsection (1) are exercisable—

(a)   

by an officer of Revenue and Customs where the officer

has reasonable grounds for suspecting that a person has

committed or is committing a Revenue and Customs

40

offence punishable by imprisonment, or

(b)   

by an immigration officer where the officer has

reasonable grounds for suspecting that a person has

committed or is committing an immigration offence or

nationality offence punishable by imprisonment.

45

(1)   

The officer may”;

(b)   

in subsection (1), in the words after paragraph (b)—

 
 

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general

37

 

(i)   

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

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

within subsection (A1)(b)”;

(ii)   

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

cases)”;

5

(iii)   

for “or, as the case may be,” substitute “or police station, or”;

(iv)   

at the end insert “(as the case may be)”.

(11)   

In section 26A of the 1995 Act (power of arrest)—

(a)   

the existing provision becomes subsection (1) of section 26A;

(b)   

in subsection (1), for “an authorised officer” substitute “an authorised

10

officer of Revenue and Customs”;

(c)   

after subsection (1) insert—

“(2)   

Where an authorised immigration officer has reasonable

grounds for suspecting that an immigration offence or

nationality offence or immigration enforcement offence has

15

been or is being committed, the officer may arrest without

warrant any person whom the officer has reasonable grounds

for suspecting to be guilty of the offence.

(3)   

In this section—

(a)   

“authorised officer of Revenue and Customs” means an

20

officer of Revenue and Customs acting with the

authority (which may be general or specific) of the

Commissioners for Her Majesty’s Revenue and

Customs;

(b)   

“authorised immigration officer” means an immigration

25

officer acting with the authority (which may be general

or specific) of the Secretary of State.”

(12)   

In section 26B of the 1995 Act (interpretation of Part 3 etc), in subsection (1),

after the definition of “authorised officer” insert—

““immigration offence” means an offence involving conduct

30

which 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);

“immigration enforcement offence” means any of the following

35

offences (insofar as they are not immigration or nationality

offences)—

(a)   

an offence under section 26(1)(a), (b) or (g) of the

Immigration Act 1971 (refusal or failure to submit to

examination or to furnish information etc, or

40

obstruction of immigration officer);

(b)   

an offence under section 22 of the UK Borders Act 2007

(assaulting an immigration officer);

“nationality offence” means an offence involving conduct which is

undertaken for the purposes of, or otherwise in relation to, an

45

enactment in—

(a)   

the British Nationality Act 1981,

(b)   

the Hong Kong Act 1985,

(c)   

the Hong Kong (War Wives and Widows) Act 1996,

(d)   

the British Nationality (Hong Kong) Act 1997,

50

 
 

 
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Revised 20 December 2012