Crime and Courts Bill (HL Bill 70)

included any corresponding offence under the law in force at the time of the
conduct (and for the purposes of this paragraph, the common law offence of
inciting the commission of another offence is to be treated as an offence
corresponding to an offence under Part 2 of the Serious Crime Act 2007).

5Power to amend this Part

31 The Secretary of State may by order amend this Part by—

(a) adding an offence of financial or economic crime;

(b) removing an offence.

Part 3 10Consequential and transitional provision

Consequential amendments

32 In section 2 of the Administration of Justice (Miscellaneous Provisions) Act
1933 (procedure for indictment of offenders), in subsection (2) after
paragraph (b) insert—

“(ba) 15the bill is preferred with the consent of a judge of the Crown
Court following a declaration by the court under paragraph
8(1) of Schedule 16 to the Crime and Courts Act 2013 (court
approval of deferred prosecution agreement); or”.

33 In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965
20(issue of witness summons on application to the Crown Court), after
subsection (6) insert—

“(6A) Where the proceedings concerned relate to an offence that is the
subject of a deferred prosecution agreement within the meaning of
Schedule 16 to the Crime and Courts Act 2013, an application must
25be made as soon as is reasonably practicable after the suspension of
the proceedings is lifted under paragraph 2(3) of that Schedule.”

34 In Schedule 1 to the Contempt of Court Act 1981 (times when proceedings
are active for purposes of strict liability rule for contempt of court), in
paragraph 7, after paragraph (aa) insert—

“(ab) 30in England and Wales, if they are
discontinued by virtue of paragraph 11 of
Schedule 16 to the Crime and Courts Act 2013
(deferred prosecution agreements);”.

35 In section 15 of the Prosecution of Offences Act 1985 (interpretation), in
35subsection (2)(d) after “(b)” insert “or (ba)”.

36 In section 51 of the Criminal Justice and Public Order Act 1994 (intimidation
etc of witnesses, jurors and others), in subsection 10(a)(iii) after “2(2)(b)”
insert “or (ba)”.

37 (1) The Criminal Procedure and Investigations Act 1996 is amended as follows.

(2) 40In section 1 (application of Part 1: disclosure), in subsection (2), after
paragraph (f) insert “, or

(g) following the preferment of a bill of indictment charging a
person with an indictable offence under the authority of
section 2(2)(ba) of the Administration of Justice

(Miscellaneous Provisions) Act 1933 (bill of indictment
preferred with consent of Crown Court judge following
approval of deferred prosecution agreement), the suspension
of the proceedings against the person under paragraph 2(2)
5of Schedule 16 to the Crime and Courts Act 2013 is lifted
under paragraph 2(3) of that Schedule.”

(3) In section 28 (application of Part 3: preparatory hearings), in subsection
(1)(c) after “2(2)(b)” insert “or (ba)”.

(4) In section 39 (meaning of pre-trial hearing), in subsection (2)(a) after
10“2(2)(b)” insert “or (ba)”.

(5) In Schedule 3 (fraud), in paragraph 8(1)(c) after “2(2)(b)” insert “or (ba)”.

38 In section 85 of the Proceeds of Crime Act 2002 (proceedings), in subsection
(1)(c) at the end insert “or subsection (2)(ba) of that section (preferment by
Crown Court judge following approval of deferred prosecution
15agreement)”.

Transitional provision

39 (1) Conduct constituting an alleged offence that occurred before the relevant
commencement day may be taken into account for the purposes of this
Schedule.

(2) 20In this paragraph, the “relevant commencement day” means—

(a) in a case where the alleged offence is an offence that is specified in
Part 2 when this Schedule comes into force, the day on which this
Schedule comes into force;

(b) in a case where the alleged offence is an offence that is subsequently
25added to Part 2 (whether by order under paragraph 31 or otherwise),
the day when the enactment adding that offence to Part 2 comes into
force.

Section 35

SCHEDULE 17 Powers of immigration officers: further provision

30Part 1 General

Police Act 1997

1 The Police Act 1997 is amended as follows.

2 (1) Section 93 (authorisations to interfere with property etc) is amended in
35accordance with this paragraph.

(2) In subsection (1B), after “Customs” insert “, an immigration officer”.

(3) In subsection (3)—

(a) in paragraph (d), omit the final “or”;

(b) after paragraph (d) insert—

“(da) if the authorising officer is within subsection (5)(ha),
by an immigration officer;”.

(4) In subsection (4)—

(a) 5in the words after paragraph (b), for “it” substitute “the conduct”;

(b) after “1979” insert “or, where the authorising officer is within
subsection (5)(ha), any of the offences is an immigration or
nationality offence”.

(5) In subsection (5)(h), omit “or”.

(6) 10After subsection (6B), insert—

“(6C) For the purposes of this section, an offence is an immigration or
nationality offence if conduct constituting the offence—

(a) relates to the entitlement of one or more persons who are not
nationals of the United Kingdom to enter, transit across, or be
15in, 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,
any of these enactments—

(i) the British Nationality Act 1981;

(ii) 20the Hong Kong Act 1985;

(iii) the 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.”.

3 25In section 94 (authorisations given in absence of authorising officer), in
subsection (2), after paragraph (f) insert—

“(fa) where the authorising officer is within paragraph (ha) of that
subsection, by a senior official (within the meaning of the
Regulation of Investigatory Powers Act 2000) in the
30department of the Secretary of State by whom functions
relating to immigration are exercisable who is designated by
the Secretary of State for the purposes of this section;”.

4 In section 107 (supplementary provisions relating to Commissioners), in
subsection (4), after paragraph (c) insert—

“(d) 35the functions of the Secretary of State relating to
immigration.”.

Regulation of Investigatory Powers Act 2000

5 The Regulation of Investigatory Powers Act 2000 is amended as follows.

6 In section 32(6) (authorisation of intrusive surveillance: senior authorising
40officers), in paragraph (m), omit the final “and”.

7 (1) Section 33 (rules for grant of authorisations) is amended in accordance with
this paragraph.

(2) After subsection (4) insert—

“(4ZA) A senior official who is a senior authorising officer by virtue of a
designation by the Secretary of State under section 32(6)(ma) shall
not grant an authorisation for the carrying out of intrusive
5surveillance except on an application made by an immigration
officer.”.

(3) In subsection (5)(a), after “Customs” insert “, an immigration officer”.

8 (1) Section 34 (grant of authorisations in the senior officer’s absence) is
amended in accordance with this paragraph.

(2) 10In subsection (1)(a), after “Customs” insert “or an immigration officer”.

(3) In subsection (2)(a), after “Customs” insert “or the Secretary of State”.

(4) In subsection (4), after paragraph (l) insert—

“(la) a person is entitled to act for a person who is a senior
authorising officer by virtue of a designation under section
1532(6)(ma), if the person is a 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 as a
person entitled so to act in an urgent case;”.

9 (1) 20Section 35 (notification of authorisations for intrusive surveillance) is
amended in accordance with this paragraph.

(2) In subsection (1), after “Customs” insert “, immigration”.

(3) In subsection (10)—

(a) in the words before paragraphs (a) to (c), after “Customs” insert “,
25immigration”;

(b) in paragraph (b), for “by the Commissioners for Her Majesty’s
Revenue and Customs” substitute “under section 32(6)(m) or (ma)”.

10 (1) Section 36 (approval required for authorisations to take effect) is amended
in accordance with this paragraph.

(2) 30In subsection (1)—

(a) in paragraph (d) omit “or”;

(b) after paragraph (d) insert—

“(da) an immigration officer; or”.

(3) In subsection (6)—

(a) 35in paragraph (g) omit the final “and”;

(b) after paragraph (g) insert—

“(ga) where the authorisation was granted by a senior
official designated under section 32(6)(ma) or entitled
to act for such an official under section 34(4)(la), the
40senior official designated under section 32(6)(ma);
and”.

11 In section 37 (quashing of authorisations), in subsection (1)—

(a) in paragraph (d) omit “or”;

(b) after paragraph (d) insert—

“(da) an immigration officer; or”.

12 In section 40 (information to be provided to Surveillance Commissioners), in
subsection (1)—

(a) 5in paragraph (d) omit the final “and”;

(b) after paragraph (d) insert—

“(da) every immigration officer and every other official in
the department of the Secretary of State by whom
functions relating to immigration are exercisable,
10and”.

13 In section 46 (restrictions on authorisations extending to Scotland), in
subsection (3)—

(a) in paragraph (e) omit the final “and”;

(b) after paragraph (e) insert—

“(ea) 15the department of the Secretary of State by whom
functions relating to immigration are exercisable;
and”.

Proceeds of Crime Act 2002

14 The Proceeds of Crime Act 2002 is amended as follows.

15 20In section 41A (restraint orders: power to retain seized property etc), in
subsection (3), after paragraph (c) insert—

“(ca) an immigration officer;”.

16 (1) Section 47C (power to seize property) is amended in accordance with this
paragraph.

(2) 25Subsection (6) is amended as follows—

(a) after paragraph (a) insert—

“(aa) where applicable, in accordance with subsection (6A)
or (6B).”;

(b) for “(b)  is exercisable” substitute—

“(6A) 30The power conferred by this section is exercisable”.

(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) 35relates 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
conditions or other controls on any such entitlement), or

(b) is undertaken for the purposes of, or otherwise in relation to,
40a relevant nationality enactment.”.

(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,

(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.”.

17 5In section 47G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—

“(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
10officer,”.

18 In section 47M (further detention in other cases), in subsection (3), after
paragraph (a) insert—

“(aa) an immigration officer;”.

19 In section 72 (serious default), in subsection (9), after paragraph (e) insert—

“(ea) 15if the person in default was an immigration officer, the
compensation is payable by the Secretary of State;”.

20 In section 120A (restraint orders: power to retain seized property etc), in
subsection (3), after paragraph (b) insert—

“(ba) an immigration officer;”.

21 (1) 20Section 127C (power to seize property) is amended in accordance with this
paragraph.

(2) Subsection (6) is amended as follows—

(a) after paragraph (a) insert—

“(aa) where applicable, in accordance with subsection (6A)
25or (6B).”;

(b) for “(b)  is exercisable” substitute—

“(6A) The power conferred by this section is exercisable”.

(3) After subsection (6A) insert—

“(6B) The power conferred by this section is exercisable by an immigration
30officer 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
nationals of the United Kingdom to enter, transit across, or be
in, the United Kingdom (including conduct which relates to
35conditions or other controls on any such entitlement), or

(b) is undertaken for the purposes of, or otherwise in relation to,
a relevant nationality enactment.”.

(4) After subsection (7) insert—

“(8) Relevant nationality enactment” means any enactment in—

(a) 40the 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) 45an instrument made under any of those Acts.”.

22 In section 127G (“appropriate approval”), in subsection (3), after paragraph
(a) insert—

“(aa) in relation to the exercise of a power by an immigration
officer, an immigration officer of a rank designated by the
5Secretary of State as equivalent to that of a senior police
officer,”.

23 In section 127M (further detention in other cases: Scotland), in subsection (3),
after paragraph (a) insert—

“(aa) an immigration officer;”.

24 10In section 190A (restraint orders: power to retain seized property), in
subsection (3), after paragraph (c) insert—

“(ca) an immigration officer;”.

25 (1) Section 195C (power to seize property) is amended in accordance with this
paragraph.

(2) 15Subsection (6) is amended as follows—

(a) after paragraph (a) insert—

“(aa) where applicable, in accordance with subsection (6A)
or (6B).”;

(b) for “(b)  is exercisable” substitute—

“(6A) 20The power conferred by this section is exercisable”.

(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) 25relates 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
conditions or other controls on any such entitlement), or

(b) is undertaken for the purposes of, or otherwise in relation to,
30a relevant nationality enactment.”.

(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) 35the 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.”.

26 In section 195G (“appropriate approval”), in subsection (3), after paragraph
40(a) insert—

“(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 45In section 195M (further detention in other cases: Northern Ireland), in

subsection (3), after paragraph (a) insert—

“(aa) an immigration officer;”.

28 In section 297A (forfeiture notice), in subsection (6), after paragraph (a)
insert—

“(aa) 5an immigration officer of a rank designated by the Secretary
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
10subsection (5)—

(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 15In section 352 (search and seizure warrants), in subsection (5)—

(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
20subsection (10)—

(a) in paragraph (a)—

(i) for “investigator or” substitute “investigator,”;

(ii) after “customs officer” insert “or an immigration officer”;

(b) in paragraph (c)—

(i) 25for “investigator or” substitute “investigator,”;

(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) 30in paragraph (c), omit the final “and”;

(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
35Northern Ireland or any specified person.”.

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
40officer”;

(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),
45in subsection (4)—

(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) 5Section 377 (code of practice of Secretary of State etc) is amended in
accordance with this paragraph.

(2) In subsection (1), after paragraph (e) insert—

“(f) immigration officers.”.

(3) In subsection (5), for “(e)” substitute “(f)”.

38 10In section 412 (interpretation of Chapter 3 of Part 8 — Scotland), in the
provision which relates to references to a “constable”, after “customs and
excise officer” insert “and to an immigration officer”.

UK Borders Act 2007

39 In section 24 of the UK Borders Act 2007 (seizure of cash by immigration
15officers 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
inspector”.

Saving of provisions of Borders, Citizenship and Immigration Act 2009

40 20The amendments made to any other Act by section 35 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
provisions of that Act as amended by section 35 or this Schedule).

Part 2 25Modification of applied enactments

Criminal Justice and Public Order Act 1994

41 Paragraphs 42 and 43 have effect for the purposes of the application of
sections 136 to 139 of the Criminal Justice and Public Order Act 1994 to
immigration officers by virtue of section 35(7).

42 30A 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
to an immigration officer.

43 (1) This paragraph has effect in relation to the application of section 138 of the
351994 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
section but not charged in connection with an offence, subsections (2)
to (9) of section 25A of the Criminal Law (Consolidation) (Scotland)
40Act 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
subsections (2) and (6);

(b) the right under subsection (2) arises when the person is
arrested;

(c) 5subsection (6) is to be read as requiring that the person be
informed of the rights under section 25A(2) and (3) on being
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)
10(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—

“(2A) Those provisions are—

(a) section 24(2) to (8A) (detention and questioning at police
station);

(b) 15sections 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
20to 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
25a 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—

“(a) 30in 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
35premises 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
40treated 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
45to section 25(1);

(vi) the reference in paragraph (c)(iii) to
subsection (2) is to be treated as a reference to