Crime and Courts Bill (HL Bill 70)

(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
5order 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) 10In 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)

  15sketches 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 27 of the Crime and Courts Act 2013 for power to provide
for exceptions.”

(7) 20In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—

“(5) See section 27 of the Crime and Courts Act 2013 for power to provide
for further exceptions.”

28 Abolition of scandalising the judiciary as form of contempt of court

(1) Scandalising the judiciary (also referred to as scandalising the court or
25scandalising judges) is abolished as a form of contempt of court under the
common law of England and Wales.

(2) That abolition does not prevent proceedings for contempt of court being
brought against a person for conduct that immediately before that abolition
would have constituted both scandalising the judiciary and some other form of
30contempt of court.

Self-defence

29 Use of force in self-defence at place of residence

(1) Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable
force for purposes of self-defence etc) is amended as follows.

(2) 35Before subsection (6) (force not regarded as reasonable if it was
disproportionate) insert—

“(5A) In a householder case, the degree of force used by D is not to be
regarded as having been reasonable in the circumstances as D believed
them to be if it was grossly disproportionate in those circumstances.”

(3) 40In subsection (6) at the beginning insert “In a case other than a householder
case,”.

(4) After subsection (8) insert—

“(8A) For the purposes of this section “a householder case” is a case where—

(a) the defence concerned is the common law defence of self-
defence,

(b) 5the force concerned is force used by D while in or partly in a
building, or part of a building, that is a dwelling or is forces
accommodation (or is both),

(c) D is not a trespasser at the time the force is used, and

(d) at that time D believed V to be in, or entering, the building or
10part as a trespasser.

(8B) Where—

(a) a part of a building is a dwelling where D dwells,

(b) another part of the building is a place of work for D or another
person who dwells in the first part, and

(c) 15that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts,
are each treated for the purposes of subsection (8A) as a part of a
building that is a dwelling.

(8C) Where—

(a) 20a part of a building is forces accommodation that is living or
sleeping accommodation for D,

(b) another part of the building is a place of work for D or another
person for whom the first part is living or sleeping
accommodation, and

(c) 25that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts,
are each treated for the purposes of subsection (8A) as a part of a
building that is forces accommodation.

(8D) Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as
30they apply for the purposes of subsection (3).

(8E) The fact that a person derives title from a trespasser, or has the
permission of a trespasser, does not prevent the person from being a
trespasser for the purposes of subsection (8A).

(8F) In subsections (8A) to (8C)—

• 35“building” includes a vehicle or vessel, and

• “forces accommodation” means service living accommodation for
  the purposes of Part 3 of the Armed Forces Act 2006 by virtue of
  section 96(1)(a) or (b) of that Act.”

(5) In subsection (9) (section intended to be clarificatory) after “This section” insert
40“, except so far as making different provision for householder cases,”.

(6) An amendment made by this section does not apply in respect of force used
before the amendment comes into force.

Community and other non-custodial sentencing

30 Dealing non-custodially with offenders

Schedule 15 (which makes provision about community orders, restorative
justice, community requirements in suspended sentence orders, compensation
5orders and fines etc) has effect.

Deferred prosecution agreements

31 Deferred prosecution agreements

Schedule 16 makes provision about deferred prosecution agreements.

Part 3 10Miscellaneous and general

Border control

32 Immigration cases: appeal rights; and facilitating combined appeals

(1) In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002
(grounds of appeal: decision unlawful because of race discrimination etc by
15Northern Ireland public authority) after “1997” insert “or by virtue of section
29 of the Equality Act 2010 (discrimination in the exercise of public functions
etc) so far as relating to race as defined by section 9(1) of that Act”.

(2) In section 99 of that Act (pending appeals lapse on issue of certificates)—

(a) in subsection (1) (list of provisions under which certificates may be
20issued) omit “96(1) or (2),”, and

(b) in the title, for “96 to” substitute “97 and”.

(3) For section 47(1) of the Immigration, Asylum and Nationality Act 2006
(decision that person is to be removed from the United Kingdom may be made
while person can bring appeal) substitute—

“(1) 25Where the Secretary of State gives written notice of a pre-removal
decision to the person affected, the Secretary of State may—

(a) in the document containing that notice,

(b) in a document enclosed in the same envelope as that document,

(c) otherwise on the occasion when that notice is given to the
30person, or

(d) at any time after that occasion but before an appeal against the
pre-removal decision is brought under section 82(1) of the
Nationality, Immigration and Asylum Act 2002,

also give the person written notice that the person is to be removed
35from the United Kingdom under this section in accordance with
directions given by an immigration officer if and when the person’s
leave to enter or remain in the United Kingdom expires.

(1A) In subsection (1) “pre-removal decision” means—

(a) a decision on an application—

(i) for variation of limited leave to enter or remain in the
United Kingdom, and

(ii) made before the leave expires,

(b) a decision to revoke a person’s leave to enter or remain in the
5United Kingdom, or

(c) a decision to vary a person’s leave to enter or remain in the
United Kingdom where the variation will result in the person
having no leave to enter or remain in the United Kingdom.”

33 Appeals against refusal of entry clearance to visit the UK

(1) 10Section 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
15subsections (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)).

(5) 20In 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
252006 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.

34 30Restriction 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
subsection (2) insert—

“(2A) So far as it relates to an immigration decision of a kind specified in
35section 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

(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
40the 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.

(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
5for 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.”

35 Powers of immigration officers

(1) In the Police Act 1997, in section 93 (authorisations to interfere with property
10etc: 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) 15In 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
20designated 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) 25in 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
30127B 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
35(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),
40after paragraph (d) insert—

“(e) an 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
45designated by the Secretary of State as equivalent to that
rank;”;

(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—

“(d) 5an 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
10rank;”.

(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,
15means 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
20conditions 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,”;

(b) 25after 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) 30the 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) Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution
35of 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 17).

(8) An immigration officer may exercise a power under sections 136 to 139 of the
1994 Act only—

(a) 40in 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),

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

(i) 45the British Nationality Act 1981,

(ii) the 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, or

(c) in connection with the prevention, investigation or prosecution of any
of the following offences (insofar as that does not involve the exercise
5of 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) an offence under section 22 of the UK Borders Act 2007
10(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
and Customs)—

(a) 15in 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
has reasonable grounds for suspecting that a person has
20committed 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
committed or is committing an immigration offence or
25nationality 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
within subsection (A1)(a)) or police station (in a case falling
30within 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) at the end insert “(as the case may be)”.

(11) 35In 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) 40Where an authorised immigration officer has reasonable
grounds 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
45for 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
Commissioners for Her Majesty’s Revenue and
Customs;

(b) “authorised immigration officer” means an immigration
5officer 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),
after the definition of “authorised officer” insert—

• ““immigration offence” means an offence involving conduct
  10which 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
  conditions or other controls on any such entitlement);

• “immigration enforcement offence” means any of the following
  15offences (insofar as they are not immigration or nationality
  offences)—

  (a)

  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
  20obstruction of immigration officer);

  (b)

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

• “nationality offence” means an offence involving conduct which is
  undertaken for the purposes of, or otherwise in relation to, an
  25enactment 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)

  30the 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) in subsection (1), in the definition of “officer of law”, after paragraph
(ba) insert—

• “(bb)

  35subject to subsection (1AA) below, an
  immigration officer acting with the authority
  (which may be general or specific) of the
  Secretary of State;”;

(b) after subsection (1A) insert—

“(1AA) 40The 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
Criminal Law (Consolidation) (Scotland) Act 1995).”;

(c) in subsection (1B), for the words from “this Act” to “had the authority”
45substitute “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
50officer,

had the authority”.

(14) Schedule 17 (powers of immigration officers: further provision) has effect.

Drugs and driving

36 Drugs and driving

(1) 5After 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
10public 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.

(3) 15It 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
20person 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
25unlawful 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).

(4) 30The 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) 35contrary 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
40satisfied 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
45likelihood 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.

(8) 5In 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
10drive, 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—

• 15““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
  meaning given by section 5A(8)”.

(3) 20In 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
punishment of offences under the Traffic Acts), after the entry beginning “RTA
25section 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) 50In 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 18 (drugs and driving: minor and consequential amendments) has
55effect.

Public order

37 Public order offences

(1) The Public Order Act 1986 is amended as follows.

(2) In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the
60two places where it occurs substitute “or abusive”.

(3) In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in
the two places where it occurs substitute “or abusive”.

General

38 Orders and regulations

(1) 65Orders and regulations made by the Secretary of State or Lord Chancellor
under this Act are to be made by statutory instrument.

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

(3) Schedule 19 (super-affirmative procedure) has effect.

(4) 70The Secretary of State or Lord Chancellor may not make a statutory instrument
containing any of the following (whether or not also containing other
provisions) unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament—

(a) an order under paragraph 33 or 34 of Schedule 3;

(b) 75regulations under paragraph 5 of Schedule 5;

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

(d) an order under section 12;

(e) an order under paragraph (p) of the definition of “permitted purpose”
80in section 15(1);

(f) an order under paragraph 83 of Schedule 13;

(g) an order under section 27(1);

(h) an order under paragraph 3(1)(c) or 31 of Schedule 16;

(i) an order under section 39 which amends or repeals any provision of
85primary legislation;