Crime and Courts Bill [HL]

Session 2012 - 13
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Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 1 — General
213

(a)
after 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”.
5
      (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)
relates to the entitlement of one or more persons who are not
10
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,
a relevant nationality enactment.”.
15
      (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)
the Hong Kong (War Wives and Widows) Act 1996,
20
(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
(a) insert—
25
“(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
In section 195M (further detention in other cases: Northern Ireland), in
30
subsection (3), after paragraph (a) insert—
“(aa)
an immigration officer;”.
28
In section 297A (forfeiture notice), in subsection (6), after paragraph (a)
insert—
“(aa)
an immigration officer of a rank designated by the Secretary
35
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
subsection (5)—
40
(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
In section 352 (search and seizure warrants), in subsection (5)—
45

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 1 — General
214

(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
subsection (10)—
5
(a)
in paragraph (a)—
(i)
for “investigator or” substitute “investigator,”;
(ii)
after “customs officer” insert “or an immigration officer”;
(b)
in paragraph (c)—
(i)
for “investigator or” substitute “investigator,”;
10
(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)
in paragraph (c), omit the final “and”;
15
(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
Northern Ireland or any specified person.”.
20
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
officer”;
25
(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),
in subsection (4)—
30
(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)
Section 377 (code of practice of Secretary of State etc) is amended in
35
accordance with this paragraph.
      (2)
In subsection (1), after paragraph (e) insert—
“(f)
immigration officers.”.
      (3)
In subsection (5), for “(e)” substitute “(f)”.
38
In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the
40
provision which relates to references to a “constable”, after “customs and
excise officer” insert “and to an immigration officer”.

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 2 — Modification of applied enactments
215

UK Borders Act 2007
39
In section 24 of the UK Borders Act 2007 (seizure of cash by immigration
officers 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
5
inspector”.
Saving of provisions of Borders, Citizenship and Immigration Act 2009
40
The amendments made to any other Act by section 26 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
10
provisions of that Act as amended by section 26or 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
15
sections 136 to 139 of the Criminal Justice and Public Order Act 1994 to
immigration officers by virtue of section 26(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
20
to 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
25
section 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
30
subsections (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
35
arrested.”.
      (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—
40
“(2A)
Those provisions are—
(a)
section 24(2) to (8A) (detention and questioning at police
station);

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 2 — Modification of applied enactments
216

(b)
sections 24A and 24B (extension of period of detention under
section 24B);
(c)
section 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
5
to the consolidation Act.
      (6)
In subsection (7)—
(a)
the 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
10
a reference to subsections (5) and (8) of section 24.
      (7)
In subsection (8)—
(a)
the reference to section 15 is to be treated as a reference to section 25
of the consolidation Act;
(b)
paragraph (a) is to be treated as if it provided as follows—
15
“(a)
in subsection (1)—
(i)
the words “other premises or place” (in both
places) are to be treated as if they referred to a
police station;
(ii)
the reference in paragraph (a) to other
20
premises is to be treated as a reference to a
police station;
(iii)
paragraph (b) does not apply;
(iv)
the references in paragraph (c)(i) and (iii) to
the right under subsection (1)(b) are to be
25
treated as references to the right under section
25(1) to have someone informed when
detained;
(v)
the references in paragraph (c)(ii) to
subsection (1)(b) is to be treated as a reference
30
to section 25(1);
(vi)
the reference in paragraph (c)(iii) to
subsection (2) is to be treated as a reference to
the words in section 25(1) beginning “and the
person shall be informed”;
35
(vii)
the reference to subsection (4) is to be treated
as a reference to section 25(2).”.
      (8)
In subsection (9)—
(a)
the reference to section 15A is to be treated as a reference to section
25A;
40
(b)
paragraph (a) is to be treated as if it provided as follows—
“(a)
the words “other premises or place” in subsections (2)
and (6) are to be treated as referring to a police
station;”;
(c)
in paragraph (b)(iii) the reference to section 15A(2) and (3) is to be
45
treated as a reference to section 25A(2) and (3).

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 3 — Scotland
217

Part 3
Scotland
Criminal Law (Consolidation) (Scotland) Act 1995
44
The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as
follows.
5
45    (1)
Section 24 (detention and questioning at office of Revenue and Customs) is
amended in accordance with this paragraph.
      (2)
In the title of the section, for “at office of Revenue and Customs” substitute
“: Revenue and Customs, immigration and nationality offences”.
      (3)
In subsection (5)—
10
(a)
in paragraph (a)—
(i)
after “Customs” insert “(in a case falling within subsection
(A1)(a)) or police station (in a case falling within subsection
(A1)(b))”;
(ii)
after “premises” insert “(in either of those cases)”;
15
(b)
in paragraph (d)—
(i)
after “subsection (1)” insert “or (1A)”;
(ii)
after “Customs” insert “(in a case falling within subsection
(A1)(a)) or police station (in a case falling within subsection
(A1)(b))”;
20
(iii)
after “premises” insert “(in either of those cases)”.
46
In section 25 (right to have someone informed when detained), in subsection
(1)—
(a)
in the words before paragraph (a)—
(i)
after “Customs” (in the first place) insert “(in a case falling
25
within subsection (A1)(a)) or police station (in a case falling
within subsection (A1)(b))”;
(ii)
after “place” (in the first place) insert “(in either of those
cases)”;
(iii)
after “Customs” (in the second place) insert “, police station”;
30
(b)
in paragraph (a), after “Customs” insert “, police station”.
47    (1)
Section 25A (right of suspects to have access to a solicitor) is amended in
accordance with this paragraph.
      (2)
In subsection (1)—
(a)
in paragraph (b)—
35
(i)
for “an officer” substitute “an officer of Revenue and
Customs”;
(ii)
omit the final “or”;
(b)
in paragraph (c), for “an officer” (in each place) substitute “an officer
of Revenue and Customs”;
40
(c)
after paragraph (c) insert—
“(d)
attends voluntarily at a police station or any other
premises or place for the purpose of being questioned
by an immigration officer on suspicion of having

Crime and Courts Bill [HL]
Schedule 14 — Powers of immigration officers: further provision
Part 3 — Scotland
218

committed an immigration offence or nationality
offence; or
(e)
is arrested (but not charged) by an immigration
officer in connection with an immigration offence or
nationality offence and is being detained at a police
5
station or any other premises or place for the purpose
of being questioned by an immigration officer in
connection with the offence.”.
      (3)
In subsection (2)(b), after “Customs” insert “, police station”.
      (4)
In subsection (6)(a), after “Customs” insert “, police station”.
10
48
In section 26B (interpretation of Part 3 etc)—
(a)
in subsection (1), for the definition of “officer” substitute—
““officer” means—
(a)
for the purposes of sections 24 to 25A—
(i)
an officer of Revenue and Customs (in
15
relation to detention by, attendance for
the purpose of being questioned by, or
arrest by, such an officer), or
(ii)
an immigration officer (in relation to
detention by, attendance for the
20
purpose of being questioned by, or
arrest by, such an officer); and
(b)
for the purposes of the other provisions of this
Part of this Act, an officer of Revenue and
Customs.”;
25
(b)
in subsection (2), for the words from “this Act” to “had authority”
substitute “this Act—
(a)
a certificate of the Commissioners for Her Majesty’s
Revenue and Customs that an officer of Revenue of
Customs, or
30
(b)
a certificate of the Secretary of State that an
immigration officer,

had authority”.
49    (1)
The amendments made by section 26(13), and paragraph 45 of this Schedule,
do not affect section 24 of the 1995 Act as it applies by virtue of section 26(8)
35
of that Act in respect of a person detained under section 26 of that Act
(detention in connection with certain drug smuggling offences).
      (2)
The amendments made by paragraph 46 of this Schedule do not affect
section 25(1) of the 1995 Act as it applies by virtue of section 26(9) of that Act
in respect of a person detained under section 26 of that Act (detention in
40
connection with certain drug smuggling offences).
Consequential amendments relating to legal aid in Scotland
50    (1)
In section 8A of the Legal Aid (Scotland) Act 1986 (power to provide for
criminal advice and assistance to be available for certain clients without
reference to the financial limits), in subsection (2)(b), after “offences” insert
45
“or immigration or nationality offences”.

Crime and Courts Bill [HL]
Schedule 15 — Drugs and driving: minor and consequential amendments
219

      (2)
In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial
Conditions and Contributions) (Scotland) Regulations 2011 (criminal advice
and assistance: automatic availability in certain circumstances), in
paragraph (b), after “offences” insert “or immigration or nationality
offences”.
5
      (3)
The amendment of regulation 8 by sub-paragraph (2) above does not
prevent the provision made by that amendment from being amended or
revoked by exercise of the power conferred by section 8A of the Legal Aid
(Scotland) Act 1986 or any other power.
Schedule 15
10
Section 27

Drugs and driving: minor and consequential amendments
Road Traffic Act 1988 (c. 52)
1
The Road Traffic Act 1988 is amended as follows.
2     (1)
Section 3A (causing death by careless driving when under influence of drink
or drugs) is amended as follows.
15
      (2)
In subsection (1), after paragraph (b) insert—
“(ba)
he has in his body a specified controlled drug and the
proportion of it in his blood or urine at that time exceeds the
specified limit for that drug, or”.
      (3)
In subsection (3), after “(1)(b)” insert “, (ba)”.
20
3     (1)
Section 6C (preliminary drug test) is amended as follows.
      (2)
In subsection (1)(b), for “in his body.” substitute “in his body and if so—
(i)
whether it is a specified controlled drug;
(ii)
if it is, whether the proportion of it in the person’s
blood or urine is likely to exceed the specified limit for
25
that drug.”
      (3)
After subsection (2) insert—
“(3)
Up to three preliminary drug tests may be administered.”
4
In section 6D (arrest), in subsection (1), for the words after “preliminary
breath test” substitute “or preliminary drug test the constable reasonably
30
suspects that—
(a)
the proportion of alcohol in the person’s breath or blood
exceeds the prescribed limit, or
(b)
the person has a specified controlled drug in his body and the
proportion of it in the person’s blood or urine exceeds the
35
specified limit for that drug.”
5     (1)
Section 7 (provision of specimens for analysis) is amended as follows.
      (2)
After subsection (1) insert—
“(1A)
In the course of an investigation into whether a person has
committed an offence under section 5A of this Act a constable may,
40