PART 2 continued
Contents page 1-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80-95 96-99 100-109 110-119 120-129 130-139 Last page
Crime and Courts BillPage 30
(c) the period for which unclaimed articles have to be kept, and
(d) the disposal of unclaimed articles at the end of that period.
(2) In subsection (1) “unclaimed article” means an article—
(a) which has been retained under section 51C,
(b) 5which a person is entitled to have returned,
(c) which has not been returned, and
(d) whose return has not been requested by a person entitled to it.
(3)
Without prejudice to the generality of subsection (1), the Lord
Chancellor must by regulations make provision as to—
(a)
10the procedure to be followed when a knife is retained under
section 51C;
(b)
the making of requests by eligible persons for the return of
knives so retained;
(c)
the procedure to be followed when returning a knife pursuant
15to a request made in accordance with the regulations.
(4) In subsection (3)—
“eligible person”, in relation to a knife retained under section 51C,
means—
the person who surrendered the knife under subsection
20(1) of section 51C or from whom the knife was seized
under that subsection, or
any other person specified in regulations under
subsection (3);
“knife” has the same meaning as in section 51C.
(1)
Any person who assaults a Supreme Court security officer acting in the
execution of the officer’s duty commits an offence.
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction—
(a) 30to imprisonment for a term not exceeding 12 months, or
(b) to a fine not exceeding level 5 on the standard scale, or
(c) to both.
(3) Subsection (2) applies—
(a)
in England and Wales in relation to offences committed before
35the commencement of section 154(1) of the Criminal Justice Act
2003 (general limit on magistrates’ court’s power to impose
imprisonment), and
(b) in Northern Ireland,
as if the reference to 12 months were a reference to 6 months.
(4)
40A person who resists or wilfully obstructs a Supreme Court security
officer acting in the execution of the officer’s duty commits an offence.
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.”
Crime and Courts BillPage 31
(2)
In section 48(3)(a) of the Constitutional Reform Act 2005 (delegation of
President’s functions to chief executive) after “under section 49(1)” insert “or
51A(1)(a) or (b)”.
(1)
5The Lord Chancellor may, by order made with the concurrence of the Lord
Chief Justice, provide that a section mentioned in subsection (2) or any
provision of either of those sections—
(a)
does not apply in relation to the making of a recording or the making
of a prescribed recording;
(b)
10does not apply in relation to the making of a recording, or the making
of a prescribed recording, if prescribed conditions are met, including
conditions as to a court or tribunal or any other person being satisfied
as to anything or agreeing;
(c) does not apply in relation to prescribed use of a prescribed recording.
(2) 15Those sections are—
(a)
section 41 of the Criminal Justice Act 1925 (no photography or drawing
in court of persons involved in proceedings, and no publication of
contravening images);
(b)
section 9 of the Contempt of Court Act 1981 (no sound recording in
20court without permission, and no public playing of recordings).
(3)
In the case of any particular proceedings of a court or tribunal, the court or
tribunal may in the interests of justice or in order that a person is not unduly
prejudiced—
(a)
direct that a provision disapplied in relation to the proceedings by an
25order under subsection (1) is, despite the order, to apply in relation to
the proceedings, or
(b)
direct that a provision disapplied in relation to the proceedings by an
order under subsection (1) is, despite the order, disapplied in relation
to the proceedings only if conditions specified in the direction are met.
(4) 30No appeal may be made against—
(a) a direction given under subsection (3), or
(b) a decision not to give a direction under that subsection.
(5) In this section—
“recording” means a visual or sound recording on any medium, including
35(in particular)—
films and other video-recordings, with or without sound,
other photographs, and
sketches and portraits;
“prescribed” means prescribed by an order under subsection (1).
(6) 40In section 41 of the Criminal Justice Act 1925 after subsection (1) insert—
“(1A)
See section 28 of the Crime and Courts Act 2013 for power to provide
for exceptions.”
(7) In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—
“(5)
See section 28 of the Crime and Courts Act 2013 for power to provide
45for further exceptions.”
Crime and Courts BillPage 32
(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)
5That abolition does not prevent proceedings for contempt of court being
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.
(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)
15In a householder case, the degree of force used by D is not to be
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) 20After subsection (8) insert—
“(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
25building, or part of a building, that is a dwelling or is forces
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) 30Where—
(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,
35that 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 a dwelling.
(8C) Where—
(a)
a part of a building is forces accommodation that is living or
40sleeping accommodation for D,
(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 BillPage 33
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
5they apply for the purposes of subsection (3).
(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)—
10“building” includes a vehicle or vessel, and
“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
15“, except so far as making different provision for householder cases,”.
(6)
An amendment made by this section does not apply in respect of force used
before the amendment comes into force.
20Schedule 15 (which makes provision about community orders, restorative
justice, community requirements in suspended sentence orders, compensation
orders and fines etc) has effect.
25Schedule 16 makes provision about deferred prosecution agreements.
(1)
Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of
unlawful conduct) is amended as follows.
(2) 30After section 282 insert—
(1)
An order under this Chapter may be made by the High Court or the
Court of Session—
(a) 35in respect of property wherever situated, and
(b) in respect of a person wherever domiciled, resident or present,
Crime and Courts BillPage 34
subject to subsection (2).
(2)
Such an order may not be made by the High Court or the Court of
Session in respect of—
(a) property that is outside the United Kingdom, or
(b)
5property that is in the United Kingdom but outside the relevant
part of the United Kingdom,
unless there is or has been a connection between the case and the
relevant part of the United Kingdom.
(3)
The circumstances in which there is or has been such a connection
10include those described in Schedule 7A.
(4) “The relevant part of the United Kingdom” means—
(a)
in relation to an order made by the High Court in England and
Wales, England and Wales,
(b)
in relation to an order made by the High Court in Northern
15Ireland, Northern Ireland, and
(c) in relation to an order made by the Court of Session, Scotland.”
(3) After Schedule 7 insert—
Section 282A
1
20There is a connection where the unlawful conduct occurred entirely
or partly in the relevant part of the United Kingdom.
2
There has been a connection where the property in question has been
in the relevant part of the United Kingdom, but only if it was
25recoverable property in relation to the unlawful conduct for some or
all of the time it was there.
3
There is a connection where there is other property in the relevant
part of the United Kingdom that is recoverable property in relation
to the unlawful conduct.
4
30There has been a connection where, at any time, there has been other
property in the relevant part of the United Kingdom that, at the time,
was recoverable property in relation to the unlawful conduct.
5
(1)
There is or has been a connection where a person described in sub-
35paragraph (2)—
(a) is linked to the relevant part of the United Kingdom,
(b)
was linked to that part of the United Kingdom at a time when
the unlawful conduct, or some of the unlawful conduct, was
taking place, or
(c)
40has been linked to that part of the United Kingdom at any
time since that conduct took place.
Crime and Courts BillPage 35
(2) Those persons are—
(a)
a person whose conduct was, or was part of, the unlawful
conduct;
(b)
a person who was deprived of property by the unlawful
5conduct;
(c) a person who holds the property in question;
(d)
a person who has held the property in question, but only if it
was recoverable property in relation to the unlawful conduct
at the time;
(e)
10a person who holds other property that is recoverable
property in relation to the unlawful conduct;
(f)
a person who, at any time, has held other property that was
recoverable property in relation to the unlawful conduct at
the time.
(3)
15A person is linked to the relevant part of the United Kingdom if the
person is—
(a)
a British citizen, a British overseas territories citizen, a British
National (Overseas) or a British Overseas citizen,
(b)
a person who, under the British Nationality Act 1981, is a
20British subject,
(c) a British protected person within the meaning of that Act,
(d)
a body incorporated or constituted under the law of any part
of the United Kingdom, or
(e)
a person domiciled, resident or present in the relevant part of
25the United Kingdom.
6
(1)
There is a connection where the property in question is property held
on trust, or an interest in property held on trust, and—
(a)
the trust arises under the law of any part of the United
30Kingdom,
(b)
the trust is entirely or partly governed by the law of any part
of the United Kingdom,
(c)
one or more of the trustees is linked to the relevant part of the
United Kingdom, or
(d)
35one or more of the beneficiaries of the trust is linked to the
relevant part of the United Kingdom.
(2)
A person is linked to the relevant part of the United Kingdom if the
person falls within paragraph 5(3).
(3)
“Beneficiaries” includes beneficiaries with a contingent interest in
40the trust property and potential beneficiaries.
7
“The relevant part of the United Kingdom” has the meaning given in
section 282A(4).
8 “The unlawful conduct” means—
(a)
45in a case in which the property in question was obtained
through unlawful conduct, that conduct,
Crime and Courts BillPage 36
(b)
in a case in which the property in question represents
property obtained through unlawful conduct, that conduct,
or
(c)
in a case in which it is shown that the property in question
5was obtained through unlawful conduct of one of a number
of kinds or represents property so obtained (see section
242(2)(b)), one or more of those kinds of conduct.”
(4) Omit section 286 (scope of powers: Scotland).
(5) In section 316 (general interpretation), after subsection (8A) insert—
“(8B)
10An enforcement authority in relation to a part of the United Kingdom
may take proceedings there for an order under Chapter 2 of this Part in
respect of any property or person, whether or not the property or
person is (or is domiciled, resident or present) in that part of the United
Kingdom.”
(6)
15In Schedule 17 (proceeds of crime: civil recovery of the proceeds etc of
unlawful conduct)—
(a)
Part 1 makes provision about the enforcement of interim orders in the
United Kingdom, and
(b)
Part 2 makes provision about enforcement where property or evidence
20is outside the United Kingdom.
(7)
The amendments made by this section and Part 2 of Schedule 17 are deemed
always to have had effect.
(8)
The amendments made by this section and Schedule 17 do not affect the extent
to which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of
25Part 5), or of any other enactment, apply in respect of persons or property
outside the United Kingdom or outside a particular part of the United
Kingdom.
In Schedule 18 (proceeds of crime: investigations)—
(a)
30Part 1 makes provision about orders and warrants sought under Part 8
of the Proceeds of Crime Act 2002 in connection with civil recovery
investigations,
(b) Part 2 makes provision about obtaining evidence overseas, and
(c)
Part 3 makes consequential amendments relating to immigration
35officers and to the National Crime Agency.
Schedule 19 (extradition) has effect.
Crime and Courts BillPage 37
(1)
5In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002
(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) 10In section 99 of that Act (pending appeals lapse on issue of certificates)—
(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
15(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
decision to the person affected, the Secretary of State may—
(a) in the document containing that notice,
(b) 20in a document enclosed in the same envelope as that document,
(c)
otherwise on the occasion when that notice is given to the
person, or
(d)
at any time after that occasion but before an appeal against the
pre-removal decision is brought under section 82(1) of the
25Nationality, 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
directions given by an immigration officer if and when the person’s
leave to enter or remain in the United Kingdom expires.
(1A) 30In subsection (1) “pre-removal decision” means—
(a) a decision on an application—
(i)
for variation of limited leave to enter or remain in the
United Kingdom, and
(ii) made before the leave expires,
(b)
35a 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
United Kingdom where the variation will result in the person
having no leave to enter or remain in the United Kingdom.”
(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
accordance with subsections (3) to (5).
Crime and Courts BillPage 38
(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
5certain 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
10or” 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
15force 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.
(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.
(2)
20In 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.”
(3) After section 97A insert—
(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
longer conducive to the public good for the person to have leave to
30enter 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.
(3)
Accordingly, the person concerned may not enter the United Kingdom
35for 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.”
(1)
Section 97A of the Nationality, Immigration and Asylum Act 2002 (deportation
40on national security grounds: appeal rights) is amended as follows.
Crime and Courts BillPage 39
(2) After subsection (1) insert—
“(1A)
This section also applies where the Secretary of State certifies, in the
case of a person in respect of whom a deportation order has been made
which states that it is made in accordance with section 32(5) of the UK
5Borders Act 2007, that the person’s removal from the United Kingdom
would be in the interests of national security.”
(3) For subsection (2)(c) substitute—
“(c)
section 2(5) of the Special Immigration Appeals Commission
Act 1997 (whether appeals brought against decisions certified
10under section 97 may be brought from within the United
Kingdom) does not apply, but see instead the following
provisions of this section.”
(4) After subsection (2) insert—
“(2A)
The person while in the United Kingdom may not bring or continue an
15appeal under section 2 of the Special Immigration Appeals
Commission Act 1997—
(a) against the decision to make the deportation order, or
(b) against any refusal to revoke the deportation order,
unless the person has made a human rights claim while in the United
20Kingdom.
(2B)
Subsection (2A) does not allow the person while in the United
Kingdom to bring or continue an appeal if the Secretary of State
certifies that removal of the person—
(a)
to the country or territory to which the person is proposed to be
25removed, and
(b)
despite the appeals process not having been begun or not
having been exhausted,
would not breach the United Kingdom’s obligations under the Human
Rights Convention.
(2C)
30The grounds upon which a certificate may be given under subsection
(2B) include (in particular)—
(a)
that the person would not, before the appeals process is
exhausted, face a real risk of serious irreversible harm if
removed to the country or territory to which the person is
35proposed to be removed;
(b)
that the whole or part of any human rights claim made by the
person is clearly unfounded.
(2D)
Subsection (2A) does not allow the person while in the United
Kingdom to bring an appeal on a non-human-rights ground, or to
40continue an appeal so far as brought on non-human-rights grounds, if
the Secretary of State certifies that removal of the person—
(a)
to the country or territory to which the person is proposed to be
removed, and
(b)
despite the appeals process, so far as relating to appeal on non-
45human-rights grounds, not having been begun or not having
been exhausted,
would not breach the United Kingdom’s obligations under the Human
Rights Convention.