Crime and Courts Bill [HL]

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
25
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,
35
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
5
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

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Part 3 — Miscellaneous and general
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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.
20
(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
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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
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(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
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(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