|
| |
|
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 |
| |
| |
| |
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 |
| |
| |
(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- |
| |
| |
(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 |
| |
| |
| 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. |
| |
| |
(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 |
| |
| |
(c) | that other part is internally accessible from the first part, |
| |
|
| |
|
| |
|
| 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 |
| |
Miscellaneous and general |
| |
| |
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 |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
(ii) | made before the leave expires, |
| |
(b) | a decision to revoke a person’s leave to enter or remain in the |
| |
| |
(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 |
| |
| |
(3) | In section 88A(1) omit paragraph (a) (power to allow the making of appeals by |
| 35 |
| |
(4) | In section 88A(2) omit paragraph (a) (provision supplementing subsection |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| |
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 |
| |
| |
“(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 |
| |
| |
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 |
| |
(2) | In the Regulation of Investigatory Powers Act 2000, in section 32(6) |
| |
(authorisation of intrusive surveillance: senior authorising officers), after |
| |
| |
“(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 |
| |
| |
(3) | The Proceeds of Crime Act 2002 is amended in accordance with subsections (4) |
| |
| 40 |
| |
(a) | in section 47A (search and seizure powers under sections 47B to 47S: |
| |
meaning of “appropriate officer”), in subsection (1), after paragraph (a) |
| |
|
| |
|
| |
|
| |
“(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 |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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, |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(b) | in subsection (1), in the words after paragraph (b)— |
| |
|
| |
|
| |
|
(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 |
| |
| 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. |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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 |
|
| |
|