Crime and Courts Bill (HC Bill 137)

26 In section 116 (appeals: general), at the beginning insert “(1)” and at the end
insert—

“(2) Subsection (1) does not prevent an appeal against a determination of
a devolution issue.

(3) 5In this Part “devolution issue” has the same meaning as in Schedule
6 to the Scotland Act 1998.”

27 (1) In section 118 (extradition following appeal), for subsection (8) substitute—

“(8) The preceding provisions of this section do not apply to Scotland.”

(2) After that section insert—

“118A 10 Extradition following appeal: Scotland

(1) This section applies if—

(a) there is an appeal to the High Court under section 103, 108 or
110 against a decision or order relating to a person’s
extradition to a category 2 territory, and

(b) 15the effect of the decision in the relevant proceedings is that
the person must be extradited to the category 2 territory.

(2) The “relevant proceedings” are—

(a) the proceedings on the appeal under section 103, 108 or 110
if—

(i) 20no Supreme Court devolution appeal is made, or

(ii) a Supreme Court devolution appeal is made and the
Supreme Court remits the case to the High Court, or

(b) the proceedings on a Supreme Court devolution appeal if
such an appeal is made and the Supreme Court does not
25remit the case to the High Court.

(3) The person must be extradited to the category 2 territory before the
end of the required period, which is 28 days starting with—

(a) the day on which the decision in the relevant proceedings
becomes final, or

(b) 30the day on which the relevant proceedings are abandoned.

(4) In a case where the relevant proceedings are proceedings on the
appeal under section 103, 108 or 110 (except the case has been
remitted to the High Court on a Supreme Court devolution appeal),
the decision in those proceedings becomes final—

(a) 35at the end of the period of 28 days starting with the day of the
High Court’s decision on the appeal (unless, within that
period, an application is made to the High Court for
permission to make a Supreme Court devolution appeal);

(b) at the end of the period of 28 days starting with the day when
40the High Court refuses permission to make a Supreme Court
devolution appeal (unless, within that period, an application
is made to the Supreme Court for permission to make the
appeal);

(c) when the Supreme Court refuses permission to make a
45Supreme Court devolution appeal;

(d) at the end of the permitted period, which is 28 days starting
with the day on which permission to make a Supreme Court
devolution appeal is granted, if no such appeal is brought
before the end of that period.

(5) 5These must be ignored for the purposes of subsection (4)—

(a) any power of a court to extend the period permitted for
applying for permission to appeal;

(b) any power of a court to grant permission to take a step out of
time.

(6) 10In a case where—

(a) the relevant proceedings are proceedings on the appeal
under section 103, 108 or 110, and

(b) the case has been remitted to the High Court on a Supreme
Court devolution appeal,

15the decision in those proceedings becomes final when it is made.

(7) In a case where—

(a) the relevant proceedings are proceedings on a Supreme
Court devolution appeal, and

(b) the decision is not to remit the case to the High Court,

20the decision in those proceedings becomes final when it is made.

(8) If subsection (3) is not complied with and the person applies to the
appropriate judge to be discharged, the judge must order the
person’s discharge, unless reasonable cause is shown for the delay.

(9) In this section “Supreme Court devolution appeal” means an appeal
25to the Supreme Court against a determination of a devolution issue
relating to a person’s extradition.

(10) This section applies only to Scotland.”

28 After section 118A (inserted by paragraph 27) insert—

“118B Scottish devolution issue: remand in custody or on bail

(1) 30This section applies where, on an appeal to the Supreme Court
against a determination of a devolution issue relating to a person’s
extradition under this Part, the Supreme Court—

(a) remits the case to the High Court, or

(b) orders the person’s extradition.

(2) 35The Supreme Court must remand the person in custody or on bail
pending the person’s extradition.

(3) If the Supreme Court remands the person in custody, the High Court
may later grant bail.”

Saving

29 40The powers conferred by section 177, 178 and 222 of the Extradition Act 2003
are exercisable in relation to any amendment of that Act made by this Part
of this Schedule.

Section 40

SCHEDULE 20 Powers of immigration officers: further provision

Part 1 General

5Police Act 1997

1 The Police Act 1997 is amended as follows.

2 (1) Section 93 (authorisations to interfere with property etc) is amended in
accordance with this paragraph.

(2) In subsection (1B), after “Customs” insert “, an immigration officer”.

(3) 10In subsection (3)—

(a) in paragraph (d), omit the final “or”;

(b) after paragraph (d) insert—

“(da) if the authorising officer is within subsection (5)(ha),
by an immigration officer;”.

(4) 15In subsection (4)—

(a) in the words after paragraph (b), for “it” substitute “the conduct”;

(b) after “1979” insert “or, where the authorising officer is within
subsection (5)(ha), any of the offences is an immigration or
nationality offence”.

(5) 20In subsection (5)(h), omit “or”.

(6) After subsection (6B), insert—

“(6C) For the purposes of this section, an offence is an immigration or
nationality offence if conduct constituting the offence—

(a) relates to the entitlement of one or more persons who are not
25nationals 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), or

(b) is undertaken for the purposes of, or otherwise in relation to,
any of these enactments—

(i) 30the 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;

(v) the British Overseas Territories Act 2002;

(vi) 35an instrument made under any of those Acts.”.

3 In section 94 (authorisations given in absence of authorising officer), in
subsection (2), after paragraph (f) insert—

“(fa) where the authorising officer is within paragraph (ha) of that
subsection, by a senior official (within the meaning of the
40Regulation of Investigatory Powers Act 2000) in the
department of the Secretary of State by whom functions

relating to immigration are exercisable who is designated by
the Secretary of State for the purposes of this section;”.

4 In section 107 (supplementary provisions relating to Commissioners), in
subsection (4), after paragraph (c) insert—

“(d) 5the functions of the Secretary of State relating to
immigration.”.

Regulation of Investigatory Powers Act 2000

5 The Regulation of Investigatory Powers Act 2000 is amended as follows.

6 In section 32(6) (authorisation of intrusive surveillance: senior authorising
10officers), in paragraph (m), omit the final “and”.

7 (1) Section 33 (rules for grant of authorisations) is amended in accordance with
this paragraph.

(2) After subsection (4) insert—

“(4ZA) A senior official who is a senior authorising officer by virtue of a
15designation by the Secretary of State under section 32(6)(ma) shall
not grant an authorisation for the carrying out of intrusive
surveillance except on an application made by an immigration
officer.”.

(3) In subsection (5)(a), after “Customs” insert “, an immigration officer”.

8 (1) 20Section 34 (grant of authorisations in the senior officer’s absence) is
amended in accordance with this paragraph.

(2) In subsection (1)(a), after “Customs” insert “or an immigration officer”.

(3) In subsection (2)(a), after “Customs” insert “or the Secretary of State”.

(4) In subsection (4), after paragraph (l) insert—

“(la) 25a person is entitled to act for a person who is a senior
authorising officer by virtue of a designation under section
32(6)(ma), if the person is a senior official in the department
of the Secretary of State by whom functions relating to
immigration are exercisable who is designated for the
30purposes of this paragraph by the Secretary of State as a
person entitled so to act in an urgent case;”.

9 (1) Section 35 (notification of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.

(2) In subsection (1), after “Customs” insert “, immigration”.

(3) 35In subsection (10)—

(a) in the words before paragraphs (a) to (c), after “Customs” insert “,
immigration”;

(b) in paragraph (b), for “by the Commissioners for Her Majesty’s
Revenue and Customs” substitute “under section 32(6)(m) or (ma)”.

10 (1) 40Section 36 (approval required for authorisations to take effect) is amended
in accordance with this paragraph.

(2) In subsection (1)—

(a) in paragraph (d) omit “or”;

(b) after paragraph (d) insert—

“(da) an immigration officer; or”.

(3) In subsection (6)—

(a) 5in paragraph (g) omit the final “and”;

(b) after paragraph (g) insert—

“(ga) where the authorisation was granted by a senior
official designated under section 32(6)(ma) or entitled
to act for such an official under section 34(4)(la), the
10senior official designated under section 32(6)(ma);
and”.

11 In section 37 (quashing of authorisations), in subsection (1)—

(a) in paragraph (d) omit “or”;

(b) after paragraph (d) insert—

“(da) 15an immigration officer; or”.

12 In section 40 (information to be provided to Surveillance Commissioners), in
subsection (1)—

(a) in paragraph (d) omit the final “and”;

(b) after paragraph (d) insert—

“(da) 20every immigration officer and every other official in
the department of the Secretary of State by whom
functions relating to immigration are exercisable,
and”.

13 In section 46 (restrictions on authorisations extending to Scotland), in
25subsection (3)—

(a) in paragraph (e) omit the final “and”;

(b) after paragraph (e) insert—

“(ea) the department of the Secretary of State by whom
functions relating to immigration are exercisable;
30and”.

Proceeds of Crime Act 2002

14 The Proceeds of Crime Act 2002 is amended as follows.

15 In section 41A (restraint orders: power to retain seized property etc), in
subsection (3), after paragraph (c) insert—

“(ca) 35an immigration officer;”.

16 (1) Section 47C (power to seize property) is amended in accordance with this
paragraph.

(2) Subsection (6) is amended as follows—

(a) after paragraph (a) insert—

“(aa) 40where applicable, in accordance with subsection (6A)
or (6B).”;

(b) for “(b)  is exercisable” substitute—

“(6A) The power conferred by this section is exercisable”.

(3) After subsection (6A) insert—

“(6B) The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—

(a) 5relates 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), or

(b) is undertaken for the purposes of, or otherwise in relation to,
10a relevant nationality enactment.”.

(4) After subsection (7) insert—

“(8) Relevant nationality enactment” means any enactment in—

(a) the British Nationality Act 1981,

(b) the Hong Kong Act 1985,

(c) 15the 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.”.

17 In section 47G (“appropriate approval”), in subsection (3), after paragraph
20(a) insert—

“(aa) in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
officer,”.

18 25In section 47M (further detention in other cases), in subsection (3), after
paragraph (a) insert—

“(aa) an immigration officer;”.

19 In section 72 (serious default), in subsection (9), after paragraph (e) insert—

“(ea) if the person in default was an immigration officer, the
30compensation is payable by the Secretary of State;”.

20 In section 120A (restraint orders: power to retain seized property etc), in
subsection (3), after paragraph (b) insert—

“(ba) an immigration officer;”.

21 (1) Section 127C (power to seize property) is amended in accordance with this
35paragraph.

(2) Subsection (6) is amended as follows—

(a) after paragraph (a) insert—

“(aa) where applicable, in accordance with subsection (6A)
or (6B).”;

(b) 40for “(b)  is exercisable” substitute—

“(6A) The power conferred by this section is exercisable”.

(3) After subsection (6A) insert—

“(6B) The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
45conduct constituting the relevant offence—

(a) 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), or

(b) 5is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.

(4) After subsection (7) insert—

“(8) Relevant nationality enactment” means any enactment in—

(a) the British Nationality Act 1981,

(b) 10the 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.”.

22 15In section 127G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—

“(aa) in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
20officer,”.

23 In section 127M (further detention in other cases: Scotland), in subsection (3),
after paragraph (a) insert—

“(aa) an immigration officer;”.

24 In section 190A (restraint orders: power to retain seized property), in
25subsection (3), after paragraph (c) insert—

“(ca) an immigration officer;”.

25 (1) Section 195C (power to seize property) is amended in accordance with this
paragraph.

(2) Subsection (6) is amended as follows—

(a) 30after paragraph (a) insert—

“(aa) where applicable, in accordance with subsection (6A)
or (6B).”;

(b) for “(b)  is exercisable” substitute—

“(6A) The power conferred by this section is exercisable”.

(3) 35After subsection (6A) insert—

“(6B) The power conferred by this section is exercisable by an immigration
officer only if the officer has reasonable grounds for suspecting that
conduct constituting the relevant offence—

(a) relates to the entitlement of one or more persons who are not
40nationals 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), or

(b) is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.

(4) After subsection (7) insert—

“(8) Relevant nationality enactment” means any enactment in—

(a) the British Nationality Act 1981,

(b) the Hong Kong Act 1985,

(c) 5the 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.”.

26 In section 195G (“appropriate approval”), in subsection (3), after paragraph
10(a) insert—

“(aa) in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
Secretary of State as equivalent to that of a senior police
officer,”.

27 15In section 195M (further detention in other cases: Northern Ireland), in
subsection (3), after paragraph (a) insert—

“(aa) an immigration officer;”.

28 In section 297A (forfeiture notice), in subsection (6), after paragraph (a)
insert—

“(aa) 20an immigration officer of a rank designated by the Secretary
of State as equivalent to that of a senior police officer,”.

29 In section 297F (release of cash subject to forfeiture notice), in subsection (4),
after “Customs,” insert “immigration officer,”.

30 In section 351 (supplementary provision about production orders), in
25subsection (5)—

(a) after “customs officer” (in the first place) insert “or an immigration
officer”;

(b) after “customs officer” (in the second place) insert “or immigration
officer”.

31 30In section 352 (search and seizure warrants), in subsection (5)—

(a) in paragraph (a), after “a customs officer” insert “or an immigration
officer”;

(b) in paragraph (c), after “Customs” insert “or an immigration officer”.

32 In section 353 (requirements where production order not available), in
35subsection (10)—

(a) in paragraph (a)—

(i) for “investigator or” substitute “investigator,”;

(ii) after “customs officer” insert “or an immigration officer”;

(b) in paragraph (c)—

(i) 40for “investigator or” substitute “investigator,”;

(ii) after “Customs” insert “or an immigration officer”.

33 In section 356 (further provisions: civil recovery and detained cash), in
subsection (11)(b), after “Customs” insert “or an immigration officer”.

34 In section 357 (disclosure orders), in subsection (8)—

(a) 45in paragraph (c), omit the final “and”;

(b) at the end of paragraph (d), insert “; and—

(e) in relation to a confiscation investigation carried out
by an immigration officer, the Director of Public
Prosecutions, the Director of Public Prosecutions for
5Northern Ireland or any specified person.”.

35 (1) Section 369 (supplementary provision about customer information orders) is
amended in accordance with this paragraph.

(2) In subsection (5)—

(a) after “customs officer” (in the first place) insert “or an immigration
10officer”;

(b) after “customs officer” (in the second place) insert “or immigration
officer”.

(3) In subsection (7), after “customs officer” insert “or an immigration officer”.

36 In section 375 (supplementary provision about account monitoring orders),
15in subsection (4)—

(a) after “customs officer” (in the first place) insert “or an immigration
officer”;

(b) after “customs officer” (in the second place) insert “or immigration
officer”.

37 (1) 20Section 377 (code of practice of Secretary of State etc) is amended in
accordance with this paragraph.

(2) In subsection (1), after paragraph (e) insert—

“(f) immigration officers.”.

(3) In subsection (5), for “(e)” substitute “(f)”.

38 25In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the
provision which relates to references to a “constable”, after “customs and
excise officer” insert “and to an immigration officer”.

UK Borders Act 2007

39 In section 24 of the UK Borders Act 2007 (seizure of cash by immigration
30officers under Proceeds of Crime Act 2002), in subsection (2)(c), for “of the
rank of at least Assistant Director” substitute “at or above the grade which is
designated by the Secretary of State as being equivalent to the rank of police
inspector”.

Saving of provisions of Borders, Citizenship and Immigration Act 2009

40 35The amendments made to any other Act by section 40 or this Schedule do not
prevent sections 1(4), 3(5), 7(5) and 11(4) of the Borders, Citizenship and
Immigration Act 2009 from applying to the amended Act (including those
provisions of that Act as amended by section 40 or this Schedule).

Part 2 Modification of applied enactments

Criminal Justice and Public Order Act 1994

41 Paragraphs 42 and 43 have effect for the purposes of the application of
5sections 136 to 139 of the Criminal Justice and Public Order Act 1994 to
immigration officers by virtue of section 40(7).

42 A reference to a constable (including a reference to a constable of a police
force in England and Wales, a constable of a police force in Scotland or a
constable of a police force in Northern Ireland) is to be treated as a reference
10to an immigration officer.

43 (1) This paragraph has effect in relation to the application of section 138 of the
1994 Act to immigration officers.

(2) Subsection (1B) is to be treated as if it provided as follows—

“(1B) Where a person is arrested under subsection (2) of the principal
15section but not charged in connection with an offence, subsections (2)
to (9) of section 25A of the Criminal Law (Consolidation) (Scotland)
Act 1995 (right of suspects to have access to a solicitor) apply with the
following modifications—

(a) omit the references to “other premises or place” in
20subsections (2) and (6);

(b) the right under subsection (2) arises when the person is
arrested;

(c) subsection (6) is to be read as requiring that the person be
informed of the rights under section 25A(2) and (3) on being
25arrested.”.

(3) In subsection (2), the references to the 1995 Act and to section 14(1) of that
Act are to be treated as references to the Criminal Law (Consolidation)
(Scotland) Act 1995 (the “consolidation Act”) and to section 24(1) of that Act.

(4) Subsection (2A) is to be treated as if provided as follows—

“(2A) 30Those provisions are—

(a) section 24(2) to (8A) (detention and questioning at police
station);

(b) sections 24A and 24B (extension of period of detention under
section 24B);

(c) 35section 25 (right to have someone informed when detained);

(d) section 25A(2) to (9) (right of access to solicitor).”.

(5) In subsection (6) the reference to the 1995 Act is to be treated as a reference
to the consolidation Act.

(6) In subsection (7)—

(a) 40the reference to section 14 is to be treated as a reference to section 24
of the consolidation Act;

(b) the reference to subsections (6) and (9) of section 14 is to be treated as
a reference to subsections (5) and (8) of section 24.

(7) In subsection (8)—