|
| |
|
“recording” means a visual or sound recording on any medium, including |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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. |
| |
| |
Miscellaneous and general |
| |
| |
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 |
| |
(3) | In section 88A(1) omit paragraph (a) (power to allow the making of appeals by |
| |
| |
(4) | In section 88A(2) omit paragraph (a) (provision supplementing subsection |
| |
| 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. |
| |
|
| |
|
| |
|
(8) | In this section “the 2006 Act” means the Immigration, Asylum and Nationality |
| |
| |
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 |
| |
“(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 |
| |
| |
(4) | In section 99 (lapse of pending appeal where certificate issued), after “97” insert |
| |
| |
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 |
| |
(2) | In the Regulation of Investigatory Powers Act 2000, in section 32(6) |
| |
(authorisation of intrusive surveillance: senior authorising officers), after |
| |
| |
“(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 |
| |
| |
(3) | The Proceeds of Crime Act 2002 is amended in accordance with subsections (4) |
| |
| 40 |
| |
(a) | in section 47A (search and seizure powers under sections 47B to 47S: |
| |
meaning of appropriate officer), in subsection (1), after paragraph (a) |
| |
|
| |
|
| |
|
| |
“(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 |
| |
| 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 |
| |
| 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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | the British Nationality Act 1981, |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| 45 |
(iii) | for “or, as the case may be,” substitute “or police station, or”; |
| |
(iv) | at the end insert “(as the case may be)”. |
| |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
“(bb) | subject to subsection (1AA) below, an |
| |
immigration officer acting with the authority |
| 40 |
(which may be general or specific) of the |
| |
| |
(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” |
| |
|
| |
|
| |
|
| |
(a) | a certificate of the Commissioners for Her Majesty’s |
| |
Revenue and Customs that an officer of Revenue of |
| |
| |
(b) | a certificate of the Secretary of State that an immigration |
| 5 |
| |
| |
(14) | Schedule 14 (powers of immigration officers: further provision) has effect. |
| |
| |
| 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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
|
| |
|
| |
|
satisfied unless the prosecution proves beyond reasonable doubt that it |
| |
| |
(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 |
| |
| |
(a) | before the definition of “drug” insert— |
| 20 |
““controlled drug” has the meaning given by section 2 of |
| |
the Misuse of Drugs Act 1971,”; |
| |
| |
| |
““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 |
| |
| |
|
|
| |
|