Crime and Courts Bill (HL Bill 49)

credit information or finances information to a relevant person who wants tax
credit information or finances information in connection with deciding a fee-
remission application.

(3) Information disclosed to a relevant person under subsection (1) or (2)—

(a) 5must not be further disclosed, except to another relevant person who
wants social security information, tax credit information or finances
information in connection with deciding a fee-remission application,
and

(b) must not be used otherwise than in connection with deciding a fee-
10remission application.

(4) Subsection (3) does not prohibit—

(a) disclosure or use of information which is in the form of a summary or
collection of information so framed as not to enable information
relating to any particular person to be ascertained from it;

(b) 15disclosure or use of information which has previously been disclosed to
the public with lawful authority;

(c) disclosure or use of information so far as necessary to comply with—

(i) an order of a court,

(ii) an order of a tribunal established by or under an Act, or

(iii) 20a duty imposed by or under an Act or Northern Ireland
legislation.

(5) It is an offence for a person to disclose or use information in contravention of
subsection (3).

(6) It is a defence for a person charged with an offence under subsection (5) to
25prove that the person reasonably believed that the disclosure or use concerned
was lawful.

(7) A person guilty of an offence under subsection (5) is liable—

(a) on conviction on indictment—

(i) to imprisonment for a term not exceeding 2 years, or

(ii) 30to a fine, or

(iii) to both;

(b) on summary conviction—

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

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

(iii) 35to 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
(general limit on magistrates’ court’s power to impose imprisonment),
40and

(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) may be instituted in England and Wales only by or with the consent of
45the 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—

• “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)

  5section 92 of the Courts Act 2003 (court fees),

  (b)

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

  (c)

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

  (d)

  10section 58 of that Act (Public Guardian fees),

  (e)

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

  (f)

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

  (g)

  15paragraph 11 of Schedule 13 to the Housing Act 2004
  (residential property tribunal fees), and

  (h)

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

• “finances information” means information which—

  (a)

  20is about a person’s income, gains or capital, and

  (b)

  is held—

  (i)

  by 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
  25with the provision of those services;

• “relevant person” means—

  (a)

  the Lord Chancellor,

  (b)

  the Secretary of State,

  (c)

  a person providing services to the Lord Chancellor or to the
  30Secretary of State,

  (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;

• 35“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
  40of 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)

  45by a person providing services to the Commissioners for Her
  Majesty’s Revenue and Customs, in connection with the
  provision of those services.

23 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
Chief Justice, provide that a section mentioned in subsection (2) or any
provision of either of those sections—

(a) 5does 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
of a prescribed recording, if prescribed conditions are met, including
conditions as to a court or tribunal or any other person being satisfied
10as to anything or agreeing;

(c) does not apply in relation to prescribed use of a prescribed recording.

(2) Those 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
15contravening 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) In 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
20prejudiced, 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
the proceedings, or

(b) direct that a provision disapplied in relation to the proceedings by an
25order 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) a direction given under subsection (3), or

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

(5) 30In this section—

• “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)

  35sketches 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 23 of the Crime and Courts Act 2013 for power to provide
for exceptions.”

(7) 40In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—

“(5) See section 23 of the Crime and Courts Act 2013 for power to provide
for further exceptions.”

Community and other non-custodial sentencing

24 Dealing non-custodially with offenders

Schedule 16 (which makes provision about community orders, restorative
justice, community requirements in suspended sentence orders, compensation
5orders and fines etc) has effect.

Deferred prosecution agreements

25 Deferred prosecution agreements

Schedule 17 makes provision about deferred prosecution agreements.

Part 3 10Miscellaneous and general

Border control

26 Appeals 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
15accordance 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
subsections (3) to (5).

(3) In section 88A(1) omit paragraph (a) (power to allow the making of appeals by
20certain 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
25or” 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
30force 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.

27 Restriction on right of appeal from within the United Kingdom

(1) The Nationality, Immigration and Asylum Act 2002 is amended as follows.

(2) 35In 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 5Variation 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
10enter 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
15for 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.”

28 Powers of immigration officers

(1) In the Police Act 1997, in section 93 (authorisations to interfere with property
20etc: 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
Secretary of State;”.

(2) 25In 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
whom functions relating to immigration are exercisable who is
30designated 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).

(4) In the 2002 Act—

(a) 35in 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
40127B to 127R: meaning of “appropriate officer”), in subsection (1), after
paragraph (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
45(1), after paragraph (a) insert—

“(aa) an 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) 5an 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
10rank;”;

(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
15investigations), 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
20designated 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) 25unlawful 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
30Kingdom (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,

35and (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) 40the 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.”.

(7) 45Sections 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
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,
5transit across, or be in, the United Kingdom (including a function
which relates to conditions or other controls on any such entitlement),

(b) in exercising a function under, or for the purposes of—

(i) the British Nationality Act 1981,

(ii) the Hong Kong Act 1985,

(iii) 10the Hong Kong (War Wives and Widows) Act 1996,

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

(v) the British Overseas Territories Act 2002,

(vi) an instrument made under any of those Acts, or

(c) in connection with the prevention, investigation or prosecution of any
15of the following offences (insofar as that does not involve the exercise
of a function which falls within paragraph (a) or (b))—

(i) an offence under section 26(1)(a), (b) or (g) of the Immigration
Act 1971 (refusal or failure to submit to examination or to
furnish information etc, or obstruction of immigration officer);

(ii) 20an offence under section 22 of the UK Borders Act 2007
(assaulting an immigration officer).

(9) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended in
accordance with subsections (10) to (12).

(10) In section 24 of the 1995 Act (detention and questioning at office of Revenue
25and 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—

(a) by an officer of Revenue and Customs where the officer
30has 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
reasonable grounds for suspecting that a person has
35committed 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)—

(i) after “Customs” (in the first place) insert “(in a case falling
40within 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)”;

(iii) for “or, as the case may be,” substitute “or police station, or”;

(iv) 45at 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—

“(2) Where an authorised immigration officer has reasonable
5grounds for suspecting that an immigration offence or
nationality offence or immigration enforcement 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.

(3) 10In 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
15Customs;

(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),
20after 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
  25conditions or other controls on any such entitlement);

• “immigration enforcement offence” means any of the following
  offences (insofar as they are not immigration or nationality
  offences)—

  (a)

  an offence under section 26(1)(a), (b) or (g) of the
  30Immigration Act 1971 (refusal or failure to submit to
  examination or to furnish information etc, or
  obstruction of immigration officer);

  (b)

  an offence under section 22 of the UK Borders Act 2007
  (assaulting an immigration officer);

• 35“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,

  (b)

  the Hong Kong Act 1985,

  (c)

  40the 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.”.

(13) In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)—

(a) 45in 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
  (which may be general or specific) of the
  50Secretary of State;”;

(b) after subsection (1A) insert—

“(1AA) The inclusion of immigration officers as “officers of law” shall
have effect only in relation to immigration offences and
nationality offences (within the meaning of Part 3 of the
5Criminal 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
10Customs, or

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

had the authority”.

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

15Drugs and driving

29 Drugs 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) 20This section applies where a person (“D”)—

(a) drives 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) 25D is guilty of an offence if the proportion of the drug in D’s blood or
urine 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
30to D for medical or dental purposes,

(b) D 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
35drug, and

(c) D’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
40(authorisation of activities otherwise unlawful under foregoing
provisions).

(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

(b) contrary to any accompanying instructions about that matter
(so far as consistent with any such advice) given by the
5manufacturer 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
satisfied unless the prosecution proves beyond reasonable doubt that it
is not.

(6) 10It 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
likelihood of D driving the vehicle whilst the proportion of the
specified controlled drug in D’s blood or urine remained likely to
15exceed 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.

(8) In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means
specified in regulations made—

(a) 20by 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
drive, or being in charge of a vehicle, in Scotland.

(9) A limit specified under subsection (2) may be zero.”

(2) 25In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection
(2)—

(a) before the definition of “drug” insert—

• ““controlled drug” has the meaning given by section 2 of
  the Misuse of Drugs Act 1971,”;

(b) 30at the end insert—

• ““specified”, in relation to a controlled drug, has the
  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
35procedure), before “8(3)” insert “5A,”.

(4) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences under the Traffic Acts), after the entry beginning “RTA