Session 2012 - 13
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Crime and Courts Bill [HL]


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

38

 

(e)   

the British Overseas Territories Act 2002, or

(f)   

an instrument made under any of those Acts.”

(13)   

In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)—

(a)   

in subsection (1), in the definition of “officer of law”, after paragraph

(ba) insert—

5

“(bb)   

subject to subsection (1AA) below, an

immigration officer acting with the authority

(which may be general or specific) of the

Secretary of State;”;

(b)   

after subsection (1A) insert—

10

“(1AA)   

The inclusion of immigration officers as “officers of law” shall

have effect only in relation to immigration offences and

nationality offences (within the meaning of Part 3 of the

Criminal Law (Consolidation) (Scotland) Act 1995).”;

(c)   

in subsection (1B), for the words from “this Act” to “had the authority”

15

substitute “this Act—

(a)   

a certificate of the Commissioners for Her Majesty’s

Revenue and Customs that an officer of Revenue of

Customs, or

(b)   

a certificate of the Secretary of State that an immigration

20

officer,

   

had the authority”.

(14)   

Schedule 17 (powers of immigration officers: further provision) has effect.

Drugs and driving

37      

Drugs and driving

25

(1)   

After section 5 of the Road Traffic Act 1988 (“the 1988 Act”) insert—

“5A     

Driving or being in charge of a motor vehicle with concentration of

specified controlled drug above specified limit

(1)   

This section applies where a person (“D”)—

(a)   

drives or attempts to drive a motor vehicle on a road or other

30

public place, or

(b)   

is in charge of a motor vehicle on a road or other public place,

   

and there is in D’s body a specified controlled drug.

(2)   

D is guilty of an offence if the proportion of the drug in D’s blood or

urine exceeds the specified limit for that drug.

35

(3)   

It is a defence for a person (“D”) charged with an offence under this

section to show that—

(a)   

the specified controlled drug had been prescribed or supplied

to D for medical or dental purposes,

(b)   

D took the drug in accordance with any directions given by the

40

person by whom the drug was prescribed or supplied, and with

any accompanying instructions (so far as consistent with any

such directions) given by the manufacturer or distributor of the

drug, and

 
 

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

39

 

(c)   

D’s possession of the drug immediately before taking it was not

unlawful under section 5(1) of the Misuse of Drugs Act 1971

(restriction of possession of controlled drugs) because of an

exemption in regulations made under section 7 of that Act

(authorisation of activities otherwise unlawful under foregoing

5

provisions).

(4)   

The defence in subsection (3) is not available if D’s actions were—

(a)   

contrary to any advice, given by the person by whom the drug

was prescribed or supplied, about the amount of time that

should elapse between taking the drug and driving a motor

10

vehicle, or

(b)   

contrary to any accompanying instructions about that matter

(so far as consistent with any such advice) given by the

manufacturer or distributor of the drug.

(5)   

If evidence is adduced that is sufficient to raise an issue with respect to

15

the defence in subsection (3), the court must assume that the defence is

satisfied unless the prosecution proves beyond reasonable doubt that it

is not.

(6)   

It is a defence for a person (“D”) charged with an offence by virtue of

subsection (1)(b) to prove that at the time D is alleged to have

20

committed the offence the circumstances were such that there was no

likelihood of D driving the vehicle whilst the proportion of the

specified controlled drug in D’s blood or urine remained likely to

exceed the specified limit for that drug.

(7)   

The court may, in determining whether there was such a likelihood,

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disregard any injury to D and any damage to the vehicle.

(8)   

In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means

specified in regulations made—

(a)   

by the Secretary of State, in relation to driving or attempting to

drive, or being in charge of a vehicle, in England and Wales;

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(b)   

by the Scottish Ministers, in relation to driving or attempting to

drive, or being in charge of a vehicle, in Scotland.

(9)   

A limit specified under subsection (2) may be zero.”

(2)   

In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection

(2)—

35

(a)   

before the definition of “drug” insert—

““controlled drug” has the meaning given by section 2 of

the Misuse of Drugs Act 1971,”;

(b)   

at the end insert—

““specified”, in relation to a controlled drug, has the

40

meaning given by section 5A(8)”.

(3)   

In section 195 of the 1988 Act (provisions as to regulations), in subsection (3),

and in subsections (4) and (4A) (regulations subject to affirmative resolution

procedure), before “8(3)” insert “5A,”.

(4)   

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and

45

punishment of offences under the Traffic Acts), after the entry beginning “RTA

 
 

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

40

 

section 5(1)(b)” insert—

 

“RTA

Driving or

Summ-

On conviction in

Oblig-

Oblig-

3-11

 
 

section

attempting

arily.

England and Wales:

atory.

atory.

  
 

5A(1)(a)

to drive with

 

51 weeks or level

    
 

and (2)

concentration

 

5 on the standard

    

5

  

of specified

 

scale or both.

    
  

controlled

 

On conviction in

    
  

drug above

 

Scotland:

    
  

specified

 

6 months or level

    
  

limit.

 

5 on the standard

    

10

    

scale or both.

    
 

RTA

Being in

Summ-

On conviction in

Discret-

Oblig-

10”.

 
 

section

charge of a

arily.

England and Wales:

ionary.

atory.

  
 

5A(1)(b)

motor vehicle

 

51 weeks or level

    
 

and (2)

with concen-

 

4 on the standard

    

15

  

tration of

 

scale or both.

    
  

specified

 

On conviction in

    
  

controlled

 

Scotland:

    
  

drug above

 

3 months or level

    
  

specified

 

4 on the standard

    

20

  

limit.

 

scale or both.

    

(5)   

In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and

(2)”, in relation to an offence committed before the commencement of section

281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction

in England and Wales) is to be read as a reference to 6 months.

25

(6)   

In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and

(2)”, in relation to an offence committed before the commencement of section

280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction

in England and Wales) is to be read as a reference to 3 months.

(7)   

Schedule 18 (drugs and driving: minor and consequential amendments) has

30

effect.

Public order

38      

Public order offences

(1)   

The Public Order Act 1986 is amended as follows.

(2)   

In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the

35

two places where it occurs substitute “or abusive”.

(3)   

In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in

the two places where it occurs substitute “or abusive”.

 
 

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

41

 

General

39      

Orders and regulations

(1)   

Orders and regulations made by the Secretary of State or Lord Chancellor

under this Act are to be made by statutory instrument.

(2)   

An order made by the Secretary of State under section 2 is subject to super-

5

affirmative procedure.

(3)   

Schedule 19 (super-affirmative procedure) has effect.

(4)   

The Secretary of State or Lord Chancellor may not make a statutory instrument

containing any of the following (whether or not also containing other

provisions) unless a draft of the instrument has been laid before, and approved

10

by a resolution of, each House of Parliament—

(a)   

an order under paragraph 33 or 34 of Schedule 3;

(b)   

regulations under paragraph 5 of Schedule 5;

(c)   

an order under paragraph 27 or 28 of Schedule 5 which amends or

repeals any provision of primary legislation;

15

(d)   

an order under section 12;

(e)   

an order under paragraph (p) of the definition of “permitted purpose”

in section 15(1);

(f)   

an order under paragraph 84 of Schedule 13;

(g)   

an order under section 28(1);

20

(h)   

an order under paragraph 3(1)(c) or 31 of Schedule 16;

(i)   

an order under section 40 which amends or repeals any provision of

primary legislation;

(j)   

an order under section 42 bringing anything in Part 4 of Schedule 15

into force or bringing section 31 into force so far as relating to anything

25

in that Part of that Schedule, other than an order which makes the

provision permitted by section 42(5) or (6).

(5)   

A statutory instrument made by the Secretary of State or Lord Chancellor

containing any of the following is subject to annulment in pursuance of a

resolution of either House of Parliament—

30

(a)   

regulations under paragraph 1 of Schedule 4;

(b)   

an order under paragraph 27 or 28 of Schedule 5 which does not amend

or repeal any provision of primary legislation;

(c)   

regulations under paragraph 5 of Schedule 6;

(d)   

regulations under section 13;

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(e)   

an order under section 40 which does not amend or repeal any

provision of primary legislation.

(6)   

Subsection (5) does not apply to a statutory instrument that is subject to a

requirement that a draft of the instrument be laid before, and approved by a

resolution of, each House of Parliament.

40

(7)   

Any provision that may be made by the Secretary of State by order under this

Act may be made by the Secretary of State by regulations (and where, in

reliance on this subsection, provision is made by regulations instead of by

order, this Act applies in relation to the regulations as it would otherwise apply

in relation to the order).

45

 
 

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

42

 

(8)   

Any provision that may be made by the Secretary of State by regulations under

this Act may be made by the Secretary of State by order (and where, in reliance

on this subsection, provision is made by order instead of by regulations, this

Act applies in relation to the order as it would otherwise apply in relation to

the regulations).

5

(9)   

An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule

5 is subject to the negative procedure unless it amends or repeals any provision

of primary legislation, in which case it is subject to the affirmative procedure.

(10)   

An order made by the Department of Justice in Northern Ireland under

paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the

10

purposes of the Statutory Rules (Northern Ireland) Order 1979.

(11)   

A statutory rule containing such an order is subject to negative resolution

(within the meaning of section 41(6) of the Interpretation Act (Northern

Ireland) 1954) unless it amends or repeals any provision of primary legislation,

in which case it may not be made unless a draft has been laid before, and

15

approved by a resolution of, the Northern Ireland Assembly.

(12)   

An order or regulations made under this Act by the Secretary of State, the Lord

Chancellor, the Scottish Ministers or the Department of Justice in Northern

Ireland may—

(a)   

make different provision for different purposes or areas,

20

(b)   

include supplementary, incidental or consequential provision, or

(c)   

make transitional, transitory or saving provision.

(13)   

In this section—

“primary legislation” means—

(a)   

an Act of Parliament,

25

(b)   

an Act of the Scottish Parliament,

(c)   

a Measure or Act of the National Assembly for Wales, or

(d)   

Northern Ireland legislation;

“super-affirmative procedure” means the procedure provided for by

Schedule 19.

30

40      

Consequential amendments

(1)   

The Secretary of State or Lord Chancellor may by order make such provision

as the Secretary of State or Lord Chancellor (as the case may be) considers

appropriate in consequence of this Act.

(2)   

The power to make an order under this section may, in particular, be exercised

35

by amending, repealing, revoking or otherwise modifying any provision made

by or under an enactment.

(3)   

In this section “enactment” means an enactment whenever passed or made,

and includes an Act of the Scottish Parliament, a Measure or Act of the

National Assembly for Wales and Northern Ireland legislation.

40

41      

Transitional, transitory or saving provision

The Secretary of State or Lord Chancellor may by order make such transitional,

transitory or saving provision as the Secretary of State or Lord Chancellor (as

the case may be) considers appropriate—

 
 

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

43

 

(a)   

in connection with the coming into force of any provision of this Act, or

(b)   

where Part 4 of Schedule 15 and section 31 so far as relating to that Part

of that Schedule are brought into force in relation to a specified area for

a specified period, in connection with those provisions ceasing to be in

force at the end of that period or at the end of that period as continued

5

under section 42(6).

42      

Short title, commencement and extent

(1)   

This Act may be cited as the Crime and Courts Act 2013.

(2)   

Subject as follows, this Act comes into force on such day as the Secretary of

State may by order appoint; and different days may be appointed for different

10

purposes and, in the case of Part 4 of Schedule 15 and section 31 so far as

relating to that Part of that Schedule, for different areas.

(3)   

Sections 16 and 18 to 28 (except section 23(2)) and Schedules 9 to 11, 13 and 14

come into force on such day as the Lord Chancellor may by order appoint; and

different days may be appointed for different purposes.

15

(4)   

Sections 23(2) and 29 come into force at the end of the period of two months

beginning with the day on which this Act is passed.

(5)   

An order which brings the monitoring provisions into force only in relation to

a specified area may provide that they are to be in force in relation to that area

for a specified period; and in this subsection and subsection (6) “the monitoring

20

provisions” means Part 4 of Schedule 15, and section 31 so far as relating to that

Part of that Schedule.

(6)   

An order containing the provision permitted by subsection (5) may be

amended by a subsequent order under subsection (2) so as to continue the

monitoring provisions in force in relation to the area concerned for a further

25

period.

(7)   

Sections 39 to 41 and this section come into force on the day on which this Act

is passed.

(8)   

Subject as follows, this Act extends to England and Wales, Scotland and

Northern Ireland.

30

(9)   

The following extend to England and Wales only—

(a)   

section 22;

(b)   

section 28;

(c)   

section 29;

(d)   

paragraph 31 of Schedule 15 and section 31 so far as relating to that

35

paragraph, but only so far as relating to disclosure or use of information

by a person appointed under section 2(1) of the Courts Act 2003 or

provided under a contract made by virtue of section 2(4) of that Act;

(e)   

the amendments and repeals made by this Act in sections 4(5A) to (6A)

and 6(2) of the Maintenance Orders (Facilities for Enforcement) Act

40

1920, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal

Enforcement) Act 1972 and in section 14 of the Contempt of Court Act

1981;

(f)   

paragraphs 1 to 31 and 39 of Schedule 16, and section 32 so far as

relating to those paragraphs.

45

 
 

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

44

 

(10)   

The amendments made by this Act in the Industrial and Provident Societies

Act 1965 extend to England and Wales, and Scotland, only.

(11)   

Except as provided by subsections (9) and (10), an amendment, repeal or

revocation has the same extent as the provision amended, repealed or revoked

(ignoring extent by virtue of an Order in Council).

5

(12)   

Subsection (11) applies to section 30 only so far as the provisions amended

extend to England and Wales or apply in relation to service offences.

(13)   

Subsection (11) does not apply to amendments made by section 24(13) and (14)

or to the amendments made by this Act in the Government Annuities Act 1929

or the Friendly Societies Act 1974 (which amendments, accordingly, extend to

10

England and Wales, Scotland and Northern Ireland only).

(14)   

Her Majesty may by Order in Council provide for any provision of section 33,

34 or 35 to extend, with or without modifications, to—

(a)   

any of the Channel Islands, or

(b)   

the Isle of Man.

15

(15)   

Her Majesty may by Order in Council provide for provisions of Part 9 of

Schedule 15 (amendments of Armed Forces Act 2006) to extend, with or

without modifications, to—

(a)   

any of the Channel Islands,

(b)   

the Isle of Man, or

20

(c)   

any of the British overseas territories.

(16)   

The power conferred by section 338 of the Criminal Justice Act 2003 (power to

extend to Channel Islands and Isle of Man) is exercisable in relation to any

amendment of that Act that is made by or under this Act.

(17)   

Nothing in this Act shall impose any charge on the people or on public

25

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

application of any money raised by any such charge.

 
 

 
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