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

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Ministerial directions
(1)
The responsible ministers may direct the Chief Inspector to carry out an
inspection into and report to them on—
(a)
any specific part or aspect of a system that the Chief Inspector has a
duty to inspect under section 24(1);
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(b)
any specific matter falling within the scope of his duties under sections
24 and 25.
(2)
The responsible ministers may direct the Chief Inspector to provide them with
advice on any matter in respect of which he has a duty to carry out inspections.
(3)
In exercising any of his functions the Chief Inspector shall have regard to such
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aspects of government policy as the responsible ministers may direct.
(4)
Before giving a direction under subsection (1) the responsible ministers shall
consult such of the persons and bodies mentioned in subsection (5) as appear
to the responsible ministers to be appropriate.
(5)
Those persons and bodies are—
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(a)
the Lord Chief Justice;
(b)
the inspection authorities listed in section 26(6).
(6)
Subsection (4), so far as it applies to a direction that relates (to any extent) to
devolved Welsh matters, has effect as if section 26(6) included a reference to the
Auditor General for Wales.
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(7)
The responsible ministers shall consult the Chief Inspector before giving a
direction under this section.
(8)
The responsible ministers may not give a direction under this section that
relates (to any extent) to devolved Welsh matters without the agreement of the
National Assembly for Wales.
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(9)
The restriction imposed by subsection (4) or (8) does not apply where the
responsible ministers consider it necessary by reason of urgency to dispense
with the restriction.
Inspection powers
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Powers of persons carrying out inspections
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(1)
This section applies to a person involved in the carrying out of an inspection
by the Chief Inspector under this Part.
(2)
A person to whom this section applies may, on showing evidence of his
authority (if required to do so), enter any premises for the purposes of the
inspection.
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(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.
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(4)
Subsection (2) does not entitle a person to whom this section applies—

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

(a)
to be present when a court mentioned in section 24(2)(a) is hearing
proceedings in private;
(b)
to attend any private deliberations of persons having jurisdiction to
hear or determine any proceedings.
(5)
A reference in subsection (3) to the production of a document includes a
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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
and intelligible form.
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(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;
(b)
may require—
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(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,

to afford him such reasonable assistance as he may require.
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Reports
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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.
(2)
The responsible ministers shall lay before Parliament a copy of—
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(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
ministers under this Part to be published in such manner as appears to him to
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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
interests of national security or might jeopardise the safety of any
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person;
(b)
direct the exclusion of any such material from a report published under
this section.
Supplemental
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Further provision
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Schedule 9 (further provision about the Chief Inspector) has effect.

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
29

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Abolition of existing inspectorates
(1)
The following are abolished—
(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;
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(d)
Her Majesty’s Inspectorate of the National Probation Service for
England and Wales;
(e)
Her Majesty’s Inspectorate of Court Administration.
(2)
Accordingly, the following are repealed—
(a)
section 5A of the Prison Act 1952 (c. 52);
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(b)
sections 54 to 56 of the Police Act 1996 (c. 16);
(c)
the Crown Prosecution Service Inspectorate Act 2000 (c. 10);
(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).
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Transfer of staff and property etc
Schedule 10 (transfer of staff and property etc to the Chief Inspector) has effect.
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Consequential amendments
Schedule 11 (consequential amendments) has effect.
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Interpretation
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(1)
In this Part—
“Chief Inspector” has the meaning given by section 23(2);
“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
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Wales;
“responsible ministers” has the meaning given by section 24(1).
(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
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Parliament.
(3)
In relation to a particular act, a person is not a public authority by virtue of
subsection (2) if the nature of the act is private.

Police and Justice Bill
Part 5 — Miscellaneous
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Part 5
Miscellaneous
Bail offences
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Sentences of imprisonment for bail offences
(1)
Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as
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follows.
(2)
In section 195 (interpretation of terms used in Chapter 3), for the definition of
“sentence of imprisonment” there is substituted—
““sentence of imprisonment” does not include a sentence of
imprisonment passed in respect of a summary conviction for an
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offence under section 6(1) or (2) of the Bail Act 1976.”
(3)
In section 237 (meaning of “fixed-term prisoner” for purposes of Chapter 6),
after subsection (1) there is inserted—
“(1A)
In subsection (1)(a) “sentence of imprisonment” does not include a
sentence of imprisonment passed in respect of a summary conviction
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for an offence under section 6(1) or (2) of the Bail Act 1976.”
(4)
In section 257 (additional days for disciplinary offences), after subsection (2)
there is inserted—
“(3)
For the purposes of this section “fixed-term prisoner” includes a person
serving a sentence of imprisonment passed in respect of a summary
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conviction for an offence under section 6(1) or (2) of the Bail Act 1976.”
(5)
In section 258 (early release for fine defaulters and contemnors), after
subsection (1) there is inserted—
“(1A)
This section also applies to a person serving a sentence of
imprisonment passed in respect of a summary conviction for an offence
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under section 6(1) or (2) of the Bail Act 1976.”
(6)
In section 305(1) (interpretation of Part 12), in paragraph (c) of the definition of
“sentence of imprisonment”, at the end there is inserted “(including contempt
of court or any kindred offence)”.
Computer misuse
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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
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—
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(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;

Police and Justice Bill
Part 5 — Miscellaneous
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(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 two years or to a fine or to both.”
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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.
(1)
A person is guilty of an offence if—
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(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
intent to do the act in question and by so doing—
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(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
any such data,
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whether permanently or temporarily.
(3)
The intent need not be directed at—
(a)
any particular computer;
(b)
any particular program or data; or
(c)
a program or data of any particular kind.
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(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
to be done;
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(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;
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(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.”
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