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 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;
30
(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.
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(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
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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;
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(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);
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(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—
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(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).
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Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
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(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
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(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).
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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.
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Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
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(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.