Police, Crime, Sentencing and Courts Bill (HL Bill 72)

Part 12 continued    

(7)Subsection (5) of section 43B applies for the purposes of this section as
it applies for the purposes of that section.

(8)In this section “relevant offender” means—

(a)a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice
5Act 2003 applies (release of fixed-term prisoners);

(b)a life prisoner within the meaning of Chapter 2 of Part 2 of the
Crime (Sentences) Act 1997 (see section 34 of that Act);

(c)a short-term prisoner, long-term prisoner or life prisoner within
the meaning of Part 1 of the Prisoners and Criminal Proceedings
10(Scotland) Act 1993 (see section 27 of that Act);

(d)a fixed-term prisoner within the meaning of Chapter 4 of Part 2
of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/
1216 (N.I. 1)) (see Article 16 of that Order);

(e)a life prisoner within the meaning of the Life Sentences
15(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see
Article 2 of that Order).

(9)In this section—

• “justice” means—

  (a)

  a justice of the peace in England and Wales,

  (b)

  20a sheriff or summary sheriff in Scotland, or

  (c)

  a lay magistrate in Northern Ireland;

• “relevant force” means—

  (a)

  if the premises specified in the application for the
  warrant are in England or Wales, the police force
  25maintained for the police area in which those premises
  are situated,

  (b)

  if those premises are in Scotland, the Police Service of
  Scotland, or

  (c)

  if those premises are in Northern Ireland, the Police
  30Service of Northern Ireland;

• “senior police officer” means a constable of the rank of
  superintendent or above.”

162 Powers of seizure and retention

After section 43D of the Terrorism Act 2000 insert—

“43E 35Seizure and retention of items found in search under section 43C or
43D

(1)This section applies where a constable carries out—

(a)a search of a terrorist offender under section 43C(1),

(b)a search of a vehicle, or anything in or on a vehicle, under
40section 43C(5), or

(c)a search of premises further to a warrant issued under section
43D.

(2)A constable may seize anything that the constable finds in the course of
the search if—

(a)45the constable reasonably suspects that—

(i)the thing is or contains evidence in relation to an offence,
and

(ii)it is necessary to seize it in order to prevent it being
concealed, lost, damaged, altered or destroyed, or

(b)5the constable reasonably believes that it is necessary to do so for
the purpose of ascertaining—

(i)whether the offender has breached a condition of the
offender’s licence, and

(ii)if so, whether the breach affects the risk of terrorism to
10which members of the public are exposed.

(3)Anything seized under subsection (2) may be—

(a)subjected to tests;

(b)retained for as long as is necessary in all the circumstances (but
see subsection (5)).

(4)15In particular (and regardless of the ground on which the thing was
seized)—

(a)if a constable has reasonable grounds for believing that the
thing is or contains evidence in relation to an offence, it may be
retained—

(i)20for use as evidence at a trial for an offence, or

(ii)for forensic examination or for investigation in
connection with an offence;

(b)if a constable has reasonable grounds for believing that the
thing has been obtained in consequence of the commission of an
25offence, it may be retained in order to establish its lawful owner.

(5)Anything seized under subsection (2)(b) that is not retained as
mentioned in subsection (4)(a) or (b) may be retained for a maximum
period of 7 days beginning with the day after the day on which the
thing is seized.

(6)30Nothing may be retained for either of the purposes mentioned in
subsection (4)(a) if a photograph or copy would be sufficient for that
purpose.

(7)In this section “offender” means—

(a)in relation to a search under section 43C, the terrorist offender
35to whom the search relates;

(b)in relation to a search under section 43D, the relevant offender
in relation to whom the warrant authorising the search was
issued.

(8)Nothing in this section affects any power of a court to make an order
40under section 1 of the Police (Property) Act 1897.”

163 Sections 159 to 162: consequential provision

Schedule 18 makes provision that is consequential on sections 159 to 162.

164 Arrangements for assessing etc risks posed by certain offenders

(1)Section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc
risks posed by certain offenders) is amended in accordance with subsections
(2) to (6).

(2)5In subsection (1), in the definition of “relevant sexual or violent offender”, for
“has the meaning” substitute “and “relevant terrorist offender” have the
meanings”.

(3)In subsection (2)—

(a)for the “and” at the end of paragraph (a) substitute—

“(aa)10relevant terrorist offenders,”

(b)at the end of paragraph (b) insert “, and

(c)other persons who have committed offences (wherever
committed) and are considered by the responsible
authority to be persons who may be at risk of
15involvement in terrorism-related activity.”

(4)For subsection (4) substitute—

“(4)A person to whom subsection (4A) applies may, for the purpose
described in subsection (2), disclose information to another person to
whom subsection (4A) applies.

(4A)20This subsection applies to—

(a)the responsible authority,

(b)a person specified in subsection (6), and

(c)a person who the responsible authority considers may
contribute to the achievement of the purpose described in
25subsection (2).

(4B)A disclosure under subsection (4) does not breach—

(a)any obligation of confidence owed by the person making the
disclosure, or

(b)any other restriction on the disclosure of information (however
30imposed).

(4C)But subsection (4) does not authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in
determining whether it would do so, the power in that
subsection is to be taken into account), or

(b)35would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016.

(4D)Subsection (4E) applies if a person who may disclose or receive
information by virtue of subsection (4) would not otherwise be a
competent authority for the purposes of Part 3 of the Data Protection
40Act 2018 (law enforcement processing) in relation to the processing by
that person of personal data by virtue of that subsection.

(4E)The person is to be treated as a competent authority for the purposes of
that Part in relation to the processing by that person of personal data by
virtue of subsection (4).

(4F)But subsection (4E) does not apply to an intelligence service within the
meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of
that Act).

(4G)Subsections (4) to (4F) do not affect any power to disclose information
5apart from that conferred by subsection (4).”

(5)In subsection (6), in the opening words, after “(3)” insert “, (4A)(b)”.

(6)In subsection (9), at the appropriate places insert—

• ““the data protection legislation” has the same meaning as in the
  Data Protection Act 2018 (see section 3 of that Act);”;

• 10““involvement in terrorism-related activity” has the same
  meaning as in the Terrorism Prevention and Investigation
  Measures Act 2011 (see section 4 of that Act);”;

• ““personal data” has the same meaning as in the Data Protection
  Act 2018 (see section 3(2) of that Act);”;

• 15““processing” has the same meaning as in the Data Protection Act
  2018 (see section 3(4) of that Act);”.

(7)Section 327 of the Criminal Justice Act 2003 (interpretation of section 325) is
amended in accordance with subsections (8) to (10).

(8)In subsection (3)—

(a)20in paragraph (a)—

(i)for “is” substitute “has been”, and

(ii)after “specified in” insert “Part 1 or 2 of”, and

(b)in paragraph (b)—

(i)in the words before sub-paragraph (i), for “is” substitute “was”,

(ii)25in sub-paragraph (i), for “for a term of 12 months or more”
substitute “that is not for a term of less than 12 months”, and

(iii)after sub-paragraph (v) insert—

“(va)a sentence of custody for life under
section 93 or 94 of the Powers of Criminal
30Courts (Sentencing) Act 2000 or under
section 272 or 275 of the Sentencing
Code,”.

(9)In subsection (4)(a), after “specified in” insert “Part 1 or 2 of”.

(10)After subsection (4A) insert—

“(4B)35For the purposes of section 325, a person is a relevant terrorist offender
if the person falls within one or both of subsections (4C) and (4D).

(4C)A person falls within this subsection if the person is subject to the
notification requirements of Part 4 of the Counter-Terrorism Act 2008.

(4D)A person falls within this subsection if the person has been convicted of
40and sentenced for a relevant terrorist offence, or otherwise dealt within
in relation to such an offence, as described in—

(a)paragraph (a) or (b) of section 45(1) of the Counter-Terrorism
Act 2008,

(b)paragraph (a) or (b) of section 45(2) of that Act,

(c)45paragraph (a) or (b) of section 45(3) of that Act, or

(d)paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act.

(4E)For the purposes of subsection (4D)—

(a)any reference in the Counter-Terrorism Act 2008 to an offence
to which Part 4 of that Act applies is to be read as if it were a
reference to a relevant terrorist offence, and

(b)5any reference in that Act to a hospital order is to be read as if it
included a guardianship order within the meaning of the
Mental Health Act 1983 or the Mental Health (Northern Ireland)
Order 1986 (S.I. 1986/595 (N.I. 4)).

(4F)In subsections (4D) and (4E) “relevant terrorist offence” means—

(a)10an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism
offences punishable with imprisonment for life or for more than
two years),

(b)a service offence as respects which the corresponding civil
offence is so specified, or

(c)15an offence which was determined to have a terrorist connection
(see subsection (4G));

and in paragraph (b) “service offence” and “corresponding civil
offence” have the same meanings as in the Counter-Terrorism Act 2008
(see section 95 of that Act).

(4G)20For the purposes of subsection (4F)(c), an offence was determined to
have a terrorist connection if it was—

(a)determined to have a terrorist connection under—

(i)section 69 of the Sentencing Code (including as applied
by section 238(6) of the Armed Forces Act 2006),

(ii)25section 30 of the Counter-Terrorism Act 2008 (in the case
of an offender sentenced in England and Wales before
the Sentencing Code applied, or an offender sentenced
in Northern Ireland but now capable of posing a risk in
an area in England and Wales), or

(iii)30section 32 of that Act (in the case of a person sentenced
for a service offence before the Sentencing Code
applied), or

(b)proved to have been aggravated by reason of having a terrorist
connection under section 31 of the Counter-Terrorism Act 2008
35(in the case of an offender sentenced in Scotland but now
capable of posing a risk in an area in England and Wales).”

Part 11 Rehabilitation of offenders

165 Rehabilitation of offenders

(1)40The Rehabilitation of Offenders Act 1974, as it forms part of the law of England
and Wales, is amended as follows.

(2)Section 5 (rehabilitation periods for particular sentences) is amended in
accordance with subsections (3) to (12).

(3)In subsection (1) (sentences excluded from rehabilitation)—

(a)for paragraph (b) substitute—

“(b)any of the following sentences, where the sentence is
imposed for an offence specified in Schedule 18 to the
Sentencing Code (serious violent, sexual and terrorism
5offences) or a service offence as respects which the
corresponding offence is so specified—

(i)a sentence of imprisonment for a term exceeding
4 years;

(ii)a sentence of youth custody for such a term;

(iii)10a sentence of detention in a young offender
institution for such a term;

(iv)a sentence of corrective training for such a term;

(v)a sentence of detention under section 91 of the
Powers of Criminal Courts (Sentencing) Act 2000
15for such a term;

(vi)a sentence of detention under section 250 or
252A of the Sentencing Code for such a term;

(vii)a sentence of detention under section 209 or 224B
of the Armed Forces Act 2006 for such a term;

(viii)20a sentence of detention under section 205ZC(5)
or 208 of the Criminal Procedure (Scotland) Act
1995 for such a term;”, and

(b)in paragraph (d) omit the words from “or a sentence of detention” to the
end of that paragraph (including the “and” at the end of that
25paragraph).

(4)After subsection (1) insert—

“(1ZA)In subsection (1)(b)—

(a)“service offence” means an offence under—

(i)section 42 of the Armed Forces Act 2006,

(ii)30section 70 of the Army Act 1955 or Air Force Act 1955, or

(iii)section 42 of the Naval Discipline Act 1957, and

(b)“corresponding offence” means—

(i)in relation to an offence under section 42 of the Armed
Forces Act 2006, the corresponding offence under the
35law of England and Wales within the meaning of that
section;

(ii)in relation to an offence under section 70 of the Army
Act 1955 or the Air Force Act 1955, the corresponding
civil offence within the meaning of that Act;

(iii)40in relation to an offence under section 42 of the Naval
Discipline Act 1957, the civil offence within the meaning
of that section.

(1ZB)Section 48 of the Armed Forces Act 2006 (supplementary provisions
relating to ancillary service offences) applies for the purposes of
45subsection (1ZA)(b)(i) as it applies for the purposes of the provisions of
that Act referred to in subsection (3)(b) of that section.”

(5)In subsection (2) (rehabilitation periods), in the words before paragraph (a), for
“(3) and” substitute “(2A) to”.

(6)In the table in subsection (2)(b) (rehabilitation periods)—

(a)for the three rows relating to custodial sentences substitute—

(b)omit the row relating to a community or youth rehabilitation order.

(7)After subsection (2) (and after the table in subsection (2)(b)) insert—

“(2A)25Subsection (2B) applies where provision is made by or under a relevant
order for the order to have effect—

(a)until further order,

(b)until the occurrence of a specified event, or

(c)otherwise for an indefinite period.

(2B)30The rehabilitation period for the order is the period—

(a)beginning with the date of the conviction in respect of which the
order is imposed, and

(b)ending when the order ceases to have effect.”

(8)For subsection (3) (rehabilitation period for community etc order which does
35not provide for the last day on which the order has effect) substitute—

“(3)The rehabilitation period for a relevant order which is not otherwise
dealt with in the Table or under subsections (2A) and (2B) is the period
of 24 months beginning with the date of conviction.”

(9)In subsection (4)(b) (rehabilitation period for other sentences), for “subsection
40(3)” substitute “any of subsections (2A) to (3)”.

(10)In subsection (7), in the words before paragraph (a), for “For” substitute
“Subject to subsection (7A), for”.

(11)After subsection (7) insert—

“(7A)Subsection (7)(a) or (b) does not apply for the purposes of determining
whether a sentence is excluded from rehabilitation by virtue of
subsection (1)(b).

(7B)5For the purposes of this section, a sentence imposed as mentioned in
subsection (7)(f) for an offence—

(a)under the law of Scotland, Northern Ireland or a country or
territory outside the United Kingdom, and

(b)which would have constituted an offence specified in Schedule
1018 to the Sentencing Code if it had been committed in England
and Wales,

is to be treated as an offence specified in that Schedule (and for this
purpose an act punishable under the law in force in a country or
territory outside the United Kingdom constitutes an offence under that
15law, however it is described in that law).”

(12)In subsection (8) (interpretation), in the definition of “relevant order”—

(a)before paragraph (a) insert—

“(za)a community or youth rehabilitation order,”, and

(b)for paragraph (g) substitute—

“(g)20any order which—

(i)imposes a disqualification, disability,
prohibition, penalty, requirement or restriction,
or

(ii)is otherwise intended to regulate the behaviour
25of the person convicted,

and is not otherwise dealt with in the Table,”.

(13)In section 6(5) (the rehabilitation period applicable to a conviction), for the
words from “by virtue of” to “or other penalty” substitute “to an order within
paragraph (g) of the definition of “relevant order” in section 5(8) above”.

(14)30In section 7(1)(d) (limitations on rehabilitation under the Act), for “or other
penalty” substitute “, penalty, requirement, restriction or other regulation of
the person’s behaviour”.

(15)In paragraph 5(b) of Schedule 2 (protection for spent cautions), after
“prohibition” insert “, requirement”.

(16)35This section applies in relation to convictions before the day on which this
section comes into force (“the commencement day”) as well as in relation to
convictions on or after that day.

(17)The Rehabilitation of Offenders Act 1974 (“the 1974 Act”) applies in relation to
convictions before the commencement day as if the amendments made by this
40section had always had effect.

(18)Where by virtue of subsection (17)—

(a)a person would, before the commencement day, have been treated for
the purposes of the 1974 Act as a rehabilitated person in respect of a
conviction, or

(b)45a conviction would, before that day, have been treated for the purposes
of that Act as spent,

the person or conviction concerned is (subject to any order made by virtue of
section 4(4) or 7(4) of that Act) to be so treated on and after that day.

Part 12 Procedures in courts and tribunals

5Juries

166 British Sign Language interpreters for deaf jurors

(1)The Juries Act 1974 is amended as follows.

(2)After section 9B insert—

“9C British Sign Language interpreters for deaf jurors

(1)10For the purpose of section 9B(2), in determining whether or not a
person who is deaf should act as a juror, the judge must consider
whether the assistance of a British Sign Language interpreter would
enable that person to be capable of acting effectively as a juror.

(2)Where the judge considers that the assistance of a British Sign
15Language interpreter would enable the person to be capable of acting
effectively as a juror, the judge may appoint one or more interpreters to
provide that assistance, and affirm the summons.

(3)An interpreter appointed under subsection (2) may remain with the
jury in the course of their deliberations in proceedings before a court for
20the purpose of enabling the person the interpreter is assisting to act
effectively as a juror.

(4)The interpreter must not interfere in or influence the deliberations of
the jury (see section 20I as to the offence).”

(3)After section 20G insert—

“20H 25Application of certain provisions to British Sign Language
interpreters

(1)Section 12(1) and (2) (challenge for cause) apply to an interpreter
appointed under section 9C(2) as those provisions apply to jurors.

(2)Section 15A (surrender of electronic communications devices) applies
30to an interpreter appointed under section 9C(2) as it applies to
members of a jury.

(3)Section 20A (offence of research by jurors) applies to an interpreter
appointed under section 9C(2) as it applies to members of a jury with
the modification that the reference to “the trial period” in subsection (5),
35in relation to an interpreter, is the period—

(a)beginning when the interpreter is appointed under section
9C(2), and

(b)ending when the judge discharges the jury or, if earlier, when
the judge discharges the interpreter.

(4)40Section 20B (offence of sharing research with other jurors) applies to an
interpreter appointed under section 9C(2) as it applies to members of a

jury, but the references in section 20B to “section 20A” and “the trial
period” are to be read as references to “section 20A” and “the trial
period” as modified by subsection (3) of this section.

(5)In the following provisions of section 20F (exceptions to offence of
5disclosing jury deliberations), the references to the conduct of a juror
include the conduct of an interpreter appointed under section 9C(2)—

(a)subsection (1)(b)(ii);

(b)subsection (4)(b);

(c)subsection (5).

20I 10Offence: interpreters interfering in or influencing jury deliberations

(1)It is an offence for an interpreter appointed under section 9C(2)
intentionally to interfere in or influence the deliberations of the jury in
proceedings before a court.

(2)A person guilty of an offence under this section is liable, on conviction
15on indictment, to imprisonment for a term not exceeding 2 years or a
fine (or both).

(3)Proceedings for an offence under this section may only be instituted by
or with the consent of the Attorney General.”

(4)In section 22(A1) (offences which do not affect contempt of court at common
20law) for “or 20C” substitute “, 20C or 20I”.

167 Continuation of criminal trial on death or discharge of a juror

(1)In section 16 of the Juries Act 1974 (continuation of criminal trial on death or
discharge of juror)—

(a)in subsection (1) for “subsections (2) and (3)” substitute “subsection
25(3)”, and

(b)omit subsection (2) (trials for offences punishable with death).

Transmission and recording of court and tribunal proceedings

168 Remote observation and recording of court and tribunal proceedings

(1)In the Courts Act 2003, after section 85 insert—

30“Part 7ZA Transmission and recording of court and tribunal proceedings

Remote observation and recording

85A Remote observation and recording of proceedings by direction of a
court or tribunal

(1)35This section applies (subject to subsections (12) and (13)) to proceedings
in any court; and in this section “court” has the same meaning as in the
Contempt of Court Act 1981 (see section 19 of that Act).

(2)If the proceedings are specified under subsection (8)(a), the court may
direct that images or sounds of the proceedings are to be transmitted