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
22

“recording” means a visual or sound recording on any medium, including
(in particular)—
(a)
films and other video-recordings, with or without sound,
(b)
other photographs, and
(c)
sketches and portraits;
5
“prescribed” means prescribed by an order under subsection (1).
(6)
In section 41 of the Criminal Justice Act 1925 after subsection (1) insert—
“(1A)
See section 22 of the Crime and Courts Act 2012 for power to provide
for exceptions.”
(7)
In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—
10
“(5)
See section 22 of the Crime and Courts Act 2012 for power to provide
for further exceptions.”
Community and other non-custodial sentencing
23
Community and other non-custodial sentencing of adults
The Secretary of State may by regulations make provision for, or in connection
15
with, dealing non-custodially with offenders aged 18 or over.
Part 3
Miscellaneous and general
Border control
24
Appeals against refusal of entry clearance to visit the UK
20
(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).
(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
25
subsections (3) to (5).
(3)
In section 88A(1) omit paragraph (a) (power to allow the making of appeals by
certain visitors).
(4)
In section 88A(2) omit paragraph (a) (provision supplementing subsection
(1)(a)).
30
(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
or” 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
35
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
force of section 4(1) of the 2006 Act as amended by this section.

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
23

(8)
In this section “the 2006 Act” means the Immigration, Asylum and Nationality
Act 2006.
25
Restriction on right of appeal from within the United Kingdom
(1)
The Nationality, Immigration and Asylum Act 2002 is amended as follows.
(2)
In section 92 (appeals from within the United Kingdom: general), after
5
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—
“97B
Variation of leave on grounds of public good: rights of appeal
10
(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
enter or remain in the United Kingdom.
15
(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
for the purposes of an appeal against that decision and the person’s
20
appeal against that decision is not one of a kind to which section 92
applies.”
(4)
In section 99 (lapse of pending appeal where certificate issued), after “97” insert
“, 97B”.
26
Powers of immigration officers
25
(1)
In the Police Act 1997, in section 93 (authorisations to interfere with property
etc: authorising officers), in subsection (5), after paragraph (h) insert—
“(ha)
an immigration officer who is a senior official within the
meaning of the Regulation of Investigatory Powers Act 2000
and who is designated for the purposes of this paragraph by the
30
Secretary of State;”.
(2)
In the Regulation of Investigatory Powers Act 2000, in section 32(6)
(authorisation of intrusive surveillance: senior authorising officers), after
paragraph (m) insert—
“(ma)
a senior official in the department of the Secretary of State by
35
whom functions relating to immigration are exercisable who is
designated for the purposes of this paragraph by the Secretary
of State; and”.
(3)
The Proceeds of Crime Act 2002 is amended in accordance with subsections (4)
and (5).
40
(4)
In the 2002 Act—
(a)
in section 47A (search and seizure powers under sections 47B to 47S:
meaning of appropriate officer), in subsection (1), after paragraph (a)

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
24

insert—
“(aa)
an immigration officer;”;
(b)
in section 127A (search and seizure powers in Scotland under sections
127B to 127R: meaning of appropriate officer), in subsection (1), after
paragraph (a) insert—
5
“(aa)
an immigration officer, or”;
(c)
in section 195A (search and seizure powers in Northern Ireland under
sections 195B to 195S: meaning of appropriate officer), in subsection (1),
after paragraph (a) insert—
“(aa)
an immigration officer, or”.
10
(5)
In section 378 of the 2002 Act (appropriate officers and senior appropriate
officers for the purposes of investigations under Part 8 of that Act)—
(a)
in subsection (1) (appropriate officers for confiscation investigations),
after paragraph (d) insert—
“(e)
an immigration officer.”;
15
(b)
in subsection (2) (senior appropriate officers for confiscation
investigations), after paragraph (c) insert—
“(ca)
an immigration officer who is not below such grade as is
designated by the Secretary of State as equivalent to that
rank;”;
20
(c)
in subsection (3A) (appropriate officers for detained cash
investigations), after paragraph (b) insert—
“(c)
an immigration officer.”;
(d)
in subsection (4) (appropriate officers for money laundering
investigations), after paragraph (c) insert—
25
“(d)
an immigration officer.”;
(e)
in subsection (6) (senior appropriate officers in relation to money
laundering investigations), after paragraph (b) insert—
“(ba)
an immigration officer who is not below such grade as is
designated by the Secretary of State as equivalent to that
30
rank;”.
(6)
In the UK Borders Act 2007, in section 24 (seizure of cash by immigration
officers under Proceeds of Crime Act 2002)—
(a)
in subsection (2), for paragraphs (a) and (b) substitute—
“(a)
“unlawful conduct”, in or in relation to section 289,
35
means conduct which—
(i)
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
40
conditions or other controls on any such
entitlement), or
(ii)
is undertaken for the purposes of, or otherwise
in relation to, a relevant nationality enactment,

and (in either case) constitutes an offence.”
45
(b)
after subsection (2) insert—
“(2A)
In subsection (2)(a)(ii) “relevant nationality enactment” means
any enactment in—
(a)
the British Nationality Act 1981,

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
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(b)
the 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.”.
5
(7)
Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution
of warrants and powers of arrest and search) apply to an immigration officer
as they apply to a constable (but subject to subsection (8) below and
paragraphs 41 to 43 of Schedule 14).
(8)
An immigration officer may exercise a power under sections 136 to 139 of the
10
1994 Act only—
(a)
in the exercise of a function which 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 a function
which relates to conditions or other controls on any such entitlement),
15
or
(b)
in exercising a function under, or for the purposes of—
(i)
the British Nationality Act 1981,
(ii)
the Hong Kong Act 1985,
(iii)
the Hong Kong (War Wives and Widows) Act 1996,
20
(iv)
the British Nationality (Hong Kong) Act 1997,
(v)
the British Overseas Territories Act 2002, or
(vi)
an instrument made under any of those Acts.
(9)
The Criminal Law (Consolidation) (Scotland) Act 1995 is amended in
accordance with subsections (10) to (12).
25
(10)
In section 24 of the 1995 Act (detention and questioning at office of Revenue
and Customs)—
(a)
in subsection (1), in the words before paragraph (a), for the words from
the beginning to “the officer may” substitute—
“(A1)
The powers conferred by subsection (1) are exercisable—
30
(a)
by an officer of Revenue and Customs where the officer
has reasonable grounds for suspecting that a person has
committed or is committing a Revenue and Customs
offence punishable by imprisonment, or
(b)
by an immigration officer where the officer has
35
reasonable grounds for suspecting that a person has
committed or is committing an immigration offence or
nationality offence punishable by imprisonment.
(1)
The officer may”;
(b)
in subsection (1), in the words after paragraph (b)—
40
(i)
after “Customs” (in the first place) insert “(in a case falling
within subsection (A1)(a)) or police station (in a case falling
within subsection (A1)(b)”;
(ii)
after “premises” (in the first place) insert “(in either of those
cases)”;
45
(iii)
for “or, as the case may be,” substitute “or police station, or”;
(iv)
at the end insert “(as the case may be)”.

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
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(11)
In section 26A of the 1995 Act (power of arrest)—
(a)
the existing provision becomes subsection (1) of section 26A;
(b)
in subsection (1), for “an authorised officer” substitute “an authorised
officer of Revenue and Customs”;
(c)
after subsection (1) insert—
5
“(2)
Where an authorised immigration officer has reasonable
grounds for suspecting that an immigration offence or
nationality offence has been or is being committed, the officer
may arrest without warrant any person whom the officer has
reasonable grounds for suspecting to be guilty of the offence.
10
(3)
In this section—
(a)
“authorised officer of Revenue and Customs” means an
officer of Revenue and Customs acting with the
authority (which may be general or specific) of the
Commissioners for Her Majesty’s Revenue and
15
Customs;
(b)
“authorised immigration officer” means an immigration
officer acting with the authority (which may be general
or specific) of the Secretary of State.”.
(12)
In section 26B of the 1995 Act (interpretation of Part 3 etc), in subsection (1),
20
after the definition of “authorised officer” insert—
““immigration offence” means an offence involving conduct
which 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
25
conditions or other controls on any such entitlement);
“nationality offence” means an offence involving conduct which is
undertaken for the purposes of, or otherwise in relation to, an
enactment in—
(a)
the British Nationality Act 1981,
30
(b)
the 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.”.
35
(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—
“(bb)
subject to subsection (1AA) below, an
immigration officer acting with the authority
40
(which may be general or specific) of the
Secretary of State;”;
(b)
after subsection (1A) insert—
“(1AA)
The inclusion of officers of Revenue and Customs as “officers of
law” shall have effect only in relation to immigration offences
45
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”

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
27

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
5
officer,

had the authority”.
(14)
Schedule 14 (powers of immigration officers: further provision) has effect.
Drugs and driving
27
Drugs and driving
10
(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
15
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.
20
(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
25
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
(c)
D’s possession of the drug immediately before taking it was not
30
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
provisions).
35
(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
vehicle, or
40
(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
the defence in subsection (3), the court must assume that the defence is
45

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
28

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
committed the offence the circumstances were such that there was no
5
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,
disregard any injury to D and any damage to the vehicle.
10
(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;
(b)
by the Scottish Ministers, in relation to driving or attempting to
15
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)—
(a)
before the definition of “drug” insert—
20
““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
25
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
30
punishment of offences under the Traffic Acts), after the entry beginning “RTA
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

35

and (2)
concentration

5 on the standard

of specified

scale or both.

controlled

On conviction in

drug above

Scotland:

specified

6 months or level

40

limit.

5 on the standard

scale or both.