Police and Justice Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
27

(3)
A person to whom this section applies may for the purposes of the inspection—
(a)
require documents to be produced;
(b)
inspect, copy or take away any document produced;
(c)
require an explanation to be given of any document produced;
(d)
require any other information to be provided.
5
(4)
Subsection (2) does not entitle a person to whom this section applies—
(a)
to be present when a court mentioned in section 22(2)(a) is hearing
proceedings in private;
(b)
to attend any private deliberations of persons having jurisdiction to
hear or determine any proceedings.
10
(5)
A reference in subsection (3) to the production of a document includes a
reference to the production of—
(a)
a legible and intelligible copy of information recorded otherwise than
in legible form, or
(b)
information in a form from which it can readily be produced in legible
15
and intelligible form.
(6)
A person exercising the power under subsection (3) to inspect documents—
(a)
is entitled to have access to, and inspect and check the operation of, any
computer and associated apparatus or material that is or has been in
use in connection with the documents in question;
20
(b)
may require—
(i)
the person by whom or on whose behalf the computer is or has
been used, or
(ii)
any person having charge of, or otherwise concerned with the
operation of, the computer, apparatus or material,
25

to afford him such reasonable assistance as he may require.
Reports
27
Reports by Chief Inspector
(1)
The Chief Inspector shall in each year submit to the responsible ministers a
report on the discharge of his duties under this Part.
30
(2)
The responsible ministers shall lay before Parliament a copy of—
(a)
each report submitted under subsection (1);
(b)
any other report submitted to them under this Part with a request by
the Chief Inspector that it be laid before Parliament.
(3)
The Chief Inspector shall arrange for every report submitted to the responsible
35
ministers under this Part to be published in such manner as appears to him to
be appropriate.
(4)
The responsible ministers may—
(a)
exclude from a report laid before Parliament under this section any
material the publication of which, in their opinion, would be against the
40
interests of national security or might jeopardise the safety of any
person;
(b)
direct the exclusion of any such material from a report published under
this section.

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
28

Supplemental
28
Further provision
Schedule 8 (further provision about the Chief Inspector) has effect.
29
Abolition of existing inspectorates
(1)
The following are abolished—
5
(a)
Her Majesty’s Chief Inspector of Prisons;
(b)
Her Majesty’s Inspectors of Constabulary;
(c)
Her Majesty’s Chief Inspector of the Crown Prosecution Service;
(d)
Her Majesty’s Inspectorate of the National Probation Service for
England and Wales;
10
(e)
Her Majesty’s Inspectorate of Court Administration.
(2)
Accordingly, the following are repealed—
(a)
section 5A of the Prison Act 1952 (c. 52);
(b)
sections 54 to 56 of the Police Act 1996 (c. 16);
(c)
the Crown Prosecution Service Inspectorate Act 2000 (c. 10);
15
(d)
sections 6 and 7 of the Criminal Justice and Court Services Act 2000
(c. 43);
(e)
sections 58 to 61 of the Courts Act 2003 (c. 39).
30
Transfer of staff and property etc
Schedule 9 (transfer of staff and property etc to the Chief Inspector) has effect.
20
31
Consequential amendments
Schedule 10 (consequential amendments) has effect.
32
Interpretation
(1)
In this Part—
“Chief Inspector” has the meaning given by section 21(2);
25
“devolved Welsh matters” means matters in relation to which the
National Assembly for Wales has functions;
“the Lord Chief Justice” means the Lord Chief Justice of England and
Wales;
“responsible ministers” has the meaning given by section 22(1).
30
(2)
In this Part “public authority” includes any person certain of whose functions
are functions of a public nature, but does not include either House of
Parliament or a person exercising functions in connection with proceedings in
Parliament.
(3)
In relation to a particular act, a person is not a public authority by virtue of
35
subsection (2) if the nature of the act is private.

Police and Justice Bill
Part 5 — Miscellaneous
29

Part 5
Miscellaneous
Computer misuse
33
Increased penalty etc for offence of unauthorised access to computer material
In the Computer Misuse Act 1990 (c. 18) (“the 1990 Act”), in section 1 (offence
5
of unauthorised access to computer material), for subsection (3) there is
substituted—
“(3)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
10
not exceeding the statutory maximum or to both;
(b)
on summary conviction in Scotland, to imprisonment for a term
not exceeding six months or to a fine not exceeding the statutory
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
15
exceeding two years or to a fine or to both.”
34
Unauthorised acts with intent to impair operation of computer, etc
For section 3 of the 1990 Act (unauthorised modification of computer material)
there is substituted—
“3
Unauthorised acts with intent to impair operation of computer, etc.
20
(1)
A person is guilty of an offence if—
(a)
he does any unauthorised act in relation to a computer; and
(b)
at the time when he does the act he has the requisite intent and
the requisite knowledge.
(2)
For the purposes of subsection (1)(b) above the requisite intent is an
25
intent to do the act in question and by so doing—
(a)
to impair the operation of any computer,
(b)
to prevent or hinder access to any program or data held in any
computer, or
(c)
to impair the operation of any such program or the reliability of
30
any such data,

whether permanently or temporarily.
(3)
The intent need not be directed at—
(a)
any particular computer;
(b)
any particular program or data; or
35
(c)
a program or data of any particular kind.
(4)
For the purposes of subsection (1)(b) above the requisite knowledge is
knowledge that the act in question is unauthorised.
(5)
In this section—
(a)
a reference to doing an act includes a reference to causing an act
40
to be done;

Police and Justice Bill
Part 5 — Miscellaneous
30

(b)
“act” includes a series of acts.
(6)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding the statutory maximum or to both;
5
(b)
on summary conviction in Scotland, to imprisonment for a term
not exceeding six months or to a fine not exceeding the statutory
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
exceeding ten years or to a fine or to both.”
10
35
Making, supplying or obtaining articles for use in computer misuse offences
After section 3 of the 1990 Act insert—
“3A
Making, supplying or obtaining articles for use in offence under
section 1 or 3
(1)
A person is guilty of an offence if he makes, adapts, supplies or offers
15
to supply any article—
(a)
knowing that it is designed or adapted for use in the course of
or in connection with an offence under section 1 or 3; or
(b)
intending it to be used to commit, or to assist in the commission
of, an offence under section 1 or 3.
20
(2)
A person is guilty of an offence if he obtains any article with a view to
its being supplied for use to commit, or to assist in the commission of,
an offence under section 1 or 3.
(3)
In this section “article” includes any program or data held in electronic
form.
25
(4)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding the statutory maximum or to both;
(b)
on summary conviction in Scotland, to imprisonment for a term
30
not exceeding six months or to a fine not exceeding the statutory
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.”
36
Transitional and saving provision
35
(1)
The amendments made by—
(a)
section 33, and
(b)
paragraphs 15, 16, 17(3) and (4), 18, 19(2) and (7) and 20 of Schedule 13,

do not apply in relation to an offence committed before that section comes into
force.
40
(2)
An offence is not committed under the new section 3 unless every act or other
event proof of which is required for conviction of the offence takes place after
section 34 above comes into force.

Police and Justice Bill
Part 5 — Miscellaneous
31

(3)
In relation to a case where, by reason of subsection (2), an offence is not
committed under the new section 3—
(a)
section 3 of the 1990 Act has effect in the form in which it was enacted;
(b)
paragraphs 11, 17, 19(4) and (5) and 21 of Schedule 13 do not apply.
(4)
An offence is not committed under the new section 3A unless every act or other
5
event proof of which is required for conviction of the offence takes place after
section 35 above comes into force.
(5)
In the case of an offence committed before section 154(1) of the Criminal Justice
Act 2003 (c. 44) comes into force, the following provisions have effect as if for
“12 months” there were substituted “six months”—
10
(a)
paragraph (a) of the new section 1(3);
(b)
paragraph (a) of the new section 2(5);
(c)
subsection (6)(a) of the new section 3;
(d)
subsection (4)(a) of the new section 3A.
(6)
In this section—
15
(a)
“the new section 1(3)” means the subsection (3) substituted in section 1
of the 1990 Act by section 33 above;
(b)
“the new section 2(5)” means the subsection (5) substituted in section 2
of the 1990 Act by paragraph 9 of Schedule 13 to this Act;
(c)
“the new section 3” means the section 3 substituted in the 1990 Act by
20
section 34 above;
(d)
“the new section 3A” means the section 3A inserted in the 1990 Act by
section 35 above.
Forfeiture of indecent photographs of children
37
Forfeiture of indecent photographs of children
25
(1)
The Protection of Children Act 1978 (c. 37) is amended as follows.
(2)
In section 4 (entry, search and seizure)—
(a)
subsection (3) is omitted, and
(b)
for subsection (4) there is substituted—
“(4)
In this section “premises” has the same meaning as in the Police
30
and Criminal Evidence Act 1984 (see section 23 of that Act).”
(3)
For section 5 (forfeiture) there is substituted—
“5
Forfeiture

The Schedule to this Act makes provision about the forfeiture of
indecent photographs and pseudo-photographs.”
35
(4)
At the end of the Act there is inserted the Schedule set out in Schedule 11 to this
Act.
(5)
The amendment made by paragraph (b) of subsection (2) has effect only in
relation to warrants issued under section 4 of the Protection of Children Act
1978 (c. 37) after the commencement of that paragraph.
40

Police and Justice Bill
Part 5 — Miscellaneous
32

(6)
The amendments made by subsections (2)(a), (3) and (4) and Schedule 11 have
effect whether the property in question was lawfully seized before or after the
coming into force of those provisions.

This is subject to subsection (7).
(7)
Those amendments do not have effect in a case where the property has been
5
brought before a justice of the peace under section 4(3) of the Protection of
Children Act 1978 (c. 37) before the coming into force of those provisions.
Independent Police Complaints Commission
38
Immigration and asylum enforcement functions: complaints and misconduct
(1)
The Secretary of State may make regulations conferring functions on the
10
Independent Police Complaints Commission in relation to—
(a)
the exercise by immigration officers of specified enforcement functions;
(b)
the exercise by officials of the Secretary of State of specified
enforcement functions relating to immigration or asylum.
(2)
In subsection (1) the reference to enforcement functions includes, in particular,
15
reference to—
(a)
powers of entry,
(b)
powers to search persons or property,
(c)
powers to seize or detain property,
(d)
powers to arrest persons,
20
(e)
powers to detain persons,
(f)
powers to examine persons or otherwise to obtain information
(including powers to take fingerprints or to acquire other personal
data), and
(g)
powers in connection with the removal of persons from the United
25
Kingdom.
(3)
Regulations under subsection (1) may not confer functions on the Independent
Police Complaints Commission in relation to the exercise by any person of a
function conferred on him by or under Part 8 of the Immigration and Asylum
Act 1999 (c. 33).
30
(4)
Regulations under subsection (1)—
(a)
may apply (with or without modification) or make provision similar to
any provision of or made under Part 2 of the Police Reform Act 2002
(c. 30) (complaints);
(b)
may make provision for payment by the Secretary of State to or in
35
respect of the Independent Police Complaints Commission.
(5)
The Independent Police Complaints Commission and the Parliamentary
Commissioner for Administration may disclose information to each other for
the purposes of the exercise of a function—
(a)
by virtue of this section, or
40
(b)
under the Parliamentary Commissioner Act 1967 (c. 13).
(6)
The Independent Police Complaints Commission and the Parliamentary
Commissioner for Administration may jointly investigate a matter in relation
to which—

Police and Justice Bill
Part 6 — Supplemental
33

(a)
the Independent Police Complaints Commission has functions by
virtue of this section, and
(b)
the Parliamentary Commissioner for Administration has functions by
virtue of the Parliamentary Commissioner Act 1967 (c. 13).
(7)
Regulations under subsection (1) shall relate only to the exercise of functions in
5
or in relation to England and Wales.
(8)
In this section “immigration officer” means a person appointed as an
immigration officer under paragraph 1 of Schedule 2 to the Immigration Act
1971 (c. 77).
Extradition
10
39
Amendments to the Extradition Act 2003 etc
Schedule 12 (which in Part 1 makes amendments to the Extradition Act 2003
(c. 41) and in Part 2 makes other amendments concerning extradition) has
effect.
Part 6
15
Supplemental
40
Orders and regulations
(1)
Subsections (2) to (5) apply to any power to make an order or regulations that
is conferred by this Act on—
(a)
the Secretary of State, or
20
(b)
the responsible ministers (within the meaning of Part 4).

Subsections (2) and (3) also apply to any power to make an order that is
conferred by this Act on the Scottish Ministers or the National Assembly for
Wales.
(2)
The power is exercisable by statutory instrument.
25
(3)
The power may be exercised so as—
(a)
to make different provision for different purposes or different areas;
(b)
to make provision generally or for specified cases or circumstances;
(c)
to make incidental, supplemental, consequential, saving or transitional
provision.
30
(4)
A statutory instrument made under any power to which this subsection
applies, other than—
(a)
an order to which subsection (5) applies, or
(b)
an order under section 44,

is subject to annulment in pursuance of a resolution of either House of
35
Parliament.
(5)
A statutory instrument containing—
(a)
an order under—
section 22(2) or (8),
section 23(8), or
40
paragraph 46 of Schedule 1,