Crime and Courts Bill (HL Bill 4)

(ii) to a fine, or

(iii) to both;

(b) on summary conviction—

(i) to imprisonment for a period not exceeding 12 months, or

(ii) 5to a fine not exceeding the statutory maximum, or

(iii) to both.

(8) Subsection (7)(b) applies—

(a) in England and Wales in relation to offences committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
10(general limit on the 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.

(9) A prosecution for an offence under subsection (5)—

(a) 15may be instituted in England and Wales only by or with the consent of
the Director of Public Prosecutions, and

(b) may be instituted in Northern Ireland only by or with the consent of the
Director of Public Prosecutions for Northern Ireland.

(10) In this section—

• 20“fee-remission application” means an application for any relief available
  to recipients of a social security benefit, or tax credit, from fees under
  any of—

  (a)

  section 92 of the Courts Act 2003 (court fees),

  (b)

  section 52 of the Constitutional Reform Act 2005 (Supreme
  25Court fees),

  (c)

  section 54 of the Mental Capacity Act 2005 (Court of Protection
  fees),

  (d)

  section 58 of that Act (Public Guardian fees),

  (e)

  section 42 of the Tribunals, Courts and Enforcement Act 2007
  30(tribunal fees),

  (f)

  paragraph 9 of Schedule 12 to the Commonhold and Leasehold
  Reform Act 2002 (leasehold valuation tribunal fees),

  (g)

  paragraph 11 of Schedule 13 to the Housing Act 2004
  (residential property tribunal fees), and

  (h)

  35section 7 of the Gender Recognition Act 2004 (Gender
  Recognition Panel fees);

• “finances information” means information which—

  (a)

  is about a person’s income, gains or capital, and

  (b)

  is held—

  (i)

  40by Her Majesty’s Revenue and Customs, or

  (ii)

  by a person providing services to the Commissioners for
  Her Majesty’s Revenue and Customs, in connection
  with the provision of those services;

• “relevant person” means—

  (a)

  45the Lord Chancellor,

  (b)

  the Secretary of State,

  (c)

  a person providing services to the Lord Chancellor or to the
  Secretary of State,

  Crime and Courts BillPage 21

  (d)

  any of the officers or staff of the Supreme Court, or

  (e)

  any of the officers or staff of, or a person providing services to,
  the Public Guardian appointed for the purposes of the Mental
  Capacity Act 2005;

• 5“social security information” means information which is held for the
  purposes of functions relating to social security—

  (a)

  by the Secretary of State or a Northern Ireland Department, or

  (b)

  by a person providing services to the Secretary of State or a
  Northern Ireland Department, in connection with the provision
  10of those services,

  or information which is held with information so held;

• “tax credit information” means information as to whether a person has
  been awarded child tax credit or working tax credit which is held—

  (a)

  by Her Majesty’s Revenue and Customs, or

  (b)

  15by a person providing services to the Commissioners for Her
  Majesty’s Revenue and Customs, in connection with the
  provision of those services.

22 Enabling the making, and use, of films and other recordings of proceedings

(1) The Lord Chancellor may, by order made with the concurrence of the Lord
20Chief 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) does not apply in relation to the making of a recording, or the making
25of 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) Those sections are—

(a) 30section 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
court without permission, and no public playing of recordings).

(3) 35In order to ensure the fairness of any particular proceedings of a court or
tribunal or to ensure that any person involved in the proceedings is not unduly
prejudiced, the court or tribunal may—

(a) direct that a provision disapplied in relation to the proceedings by an
order under subsection (1) is, despite the order, to apply in relation to
40the 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) No appeal may be made against—

(a) 45a direction given under subsection (3), or

(b) a decision not to give a direction under that subsection.

(5) In this section—

Crime and Courts BillPage 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)

  5sketches and portraits;

• “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) 10In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—

“(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

15The Secretary of State may by regulations make provision for, or in connection
with, dealing non-custodially with offenders aged 18 or over.

Part 3 Miscellaneous and general

Border control

24 20Appeals against refusal of entry clearance to visit the UK

(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
25Nationality, 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
certain visitors).

(4) In section 88A(2) omit paragraph (a) (provision supplementing subsection
30(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
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) 35After 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
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
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) 5In 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—

“97B 10Variation of leave on grounds of public good: rights of appeal

(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
15enter 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
20for 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.”

(4) In section 99 (lapse of pending appeal where certificate issued), after “97” insert
“, 97B”.

26 25Powers of immigration officers

(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
30and who is designated for the purposes of this paragraph by the
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) 35a senior official in the department of the Secretary of State by
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)
40and (5).

(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)

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
5paragraph (a) insert—

“(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) 10an immigration officer, or”.

(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) 15an immigration officer.”;

(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
20rank;”;

(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
25investigations), after paragraph (c) insert—

“(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
30designated by the Secretary of State as equivalent to that
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) 35unlawful conduct”, in or in relation to section 289,
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
40Kingdom (including conduct which relates to
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,

45and (in either case) constitutes an offence.”

(b) after subsection (2) insert—

“(2A) In subsection (2)(a)(ii) “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,

(d) the British Nationality (Hong Kong) Act 1997,

(e) the British Overseas Territories Act 2002, or

(f) 5an instrument made under any of those Acts.”.

(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) 10An immigration officer may exercise a power under sections 136 to 139 of the
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
15which relates to conditions or other controls on any such entitlement),
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) 20the Hong Kong (War Wives and Widows) Act 1996,

(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
25accordance with subsections (10) to (12).

(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) 30The powers conferred by subsection (1) are exercisable—

(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) 35by an immigration officer where the officer has
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) 40in subsection (1), in the words after paragraph (b)—

(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
45cases)”;

(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) 5after subsection (1) insert—

“(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
10reasonable grounds for suspecting to be guilty of the offence.

(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
15Commissioners for Her Majesty’s Revenue and
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) 20In section 26B of the 1995 Act (interpretation of Part 3 etc), in subsection (1),
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
  25be in, the United Kingdom (including conduct which relates to
  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)

  30the 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)

  35an instrument made under any of those Acts.”.

(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
  40immigration officer acting with the authority
  (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
45law” shall have effect only in relation to immigration offences
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”

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) 5a certificate of the Secretary of State that an immigration
officer,

had the authority”.

(14) Schedule 14 (powers of immigration officers: further provision) has effect.

Drugs and driving

27 10Drugs and driving

(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) 15drives or attempts to drive a motor vehicle on a road or other
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
20urine exceeds the specified limit for that drug.

(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) 25D took the drug in accordance with any directions given by the
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) 30D’s possession of the drug immediately before taking it was not
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
35provisions).

(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
40vehicle, or

(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
45the defence in subsection (3), the court must assume that the defence is

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
5committed the offence the circumstances were such that there was no
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,
10disregard any injury to D and any damage to the vehicle.

(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) 15by the Scottish Ministers, in relation to driving or attempting to
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) 20before the definition of “drug” insert—

• ““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
  25meaning 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
30punishment of offences under the Traffic Acts), after the entry beginning “RTA
section 5(1)(b)” insert—

(5) In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and
(2)”, in relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction
in England and Wales) is to be read as a reference to 6 months.

(6) 15In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and
(2)”, in relation to an offence committed before the commencement of section
280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction
in England and Wales) is to be read as a reference to 3 months.

(7) Schedule 15 (drugs and driving: minor and consequential amendments) has
20effect.

General

28 Orders and regulations

(1) Orders and regulations made by the Secretary of State under this Act are to be
made by statutory instrument.

(2) 25An order made by the Secretary of State under section 2 is subject to super-
affirmative procedure.

(3) Schedule 16 (super-affirmative procedure) has effect.

(4) The Secretary of State may not make a statutory instrument containing any of
the following (whether or not also containing other provisions) unless a draft
30of the instrument has been laid before, and approved by a resolution of, each
House of Parliament—

(a) an order under paragraph 30 of Schedule 3;

(b) regulations under paragraph 5 of Schedule 5;

(c) an order under paragraph 27 or 28 of Schedule 5 which amends or
35repeals any provision of primary legislation;

(d) an order under section 13;

(e) an order under paragraph (p) of the definition of “permitted purpose”
in section 16(1);

(f) regulations under section 23;

(g) 40an order under section 29 which amends or repeals any provision of
primary legislation.

(5) A statutory instrument made by the Secretary of State containing any of the
following is subject to annulment in pursuance of a resolution of either House
of Parliament—