Police and Justice Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 5 — Miscellaneous
32

38
Making, supplying or obtaining articles for use in computer misuse offences
After section 3 of the 1990 Act there is inserted—
“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
5
to supply any article—
(a)
intending it to be used to commit, or to assist in the commission
of, an offence under section 1 or 3; or
(b)
believing that it is likely to be so used.
(2)
A person is guilty of an offence if he obtains any article with a view to
10
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.
(4)
A person guilty of an offence under this section shall be liable—
15
(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
not exceeding six months or to a fine not exceeding the statutory
20
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.”
39
Transitional and saving provision
(1)
The amendments made by—
25
(a)
section 36, and
(b)
paragraphs 18, 19, 20(3) and (4), 21, 22(2) and (7) and 23 of Schedule 15,

do not apply in relation to an offence committed before that section comes into
force.
(2)
An offence is not committed under the new section 3 unless every act or other
30
event proof of which is required for conviction of the offence takes place after
section 37 above comes into force.
(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;
35
(b)
paragraphs 14, 20, 22(4) and (5) and 24 of Schedule 15 do not apply.
(4)
An offence is not committed under the new section 3A unless every act or other
event proof of which is required for conviction of the offence takes place after
section 38 above comes into force.
(5)
In the case of an offence committed before section 154(1) of the Criminal Justice
40
Act 2003 (c. 44) comes into force, the following provisions have effect as if for
“12 months” there were substituted “six months”—
(a)
paragraph (a) of the new section 1(3);
(b)
paragraph (a) of the new section 2(5);

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Part 5 — Miscellaneous
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(c)
subsection (6)(a) of the new section 3;
(d)
subsection (4)(a) of the new section 3A.
(6)
In this section—
(a)
“the new section 1(3)” means the subsection (3) substituted in section 1
of the 1990 Act by section 36 above;
5
(b)
“the new section 2(5)” means the subsection (5) substituted in section 2
of the 1990 Act by paragraph 12 of Schedule 15 to this Act;
(c)
“the new section 3” means the section 3 substituted in the 1990 Act by
section 37 above;
(d)
“the new section 3A” means the section 3A inserted in the 1990 Act by
10
section 38 above.
Forfeiture of indecent photographs of children
40
Forfeiture of indecent photographs of children: England and Wales
(1)
The Protection of Children Act 1978 (c. 37) is amended as follows.
(2)
In section 4 (entry, search and seizure)—
15
(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
and Criminal Evidence Act 1984 (see section 23 of that Act).”
(3)
For section 5 (forfeiture) there is substituted—
20
“5
Forfeiture

The Schedule to this Act makes provision about the forfeiture of
indecent photographs and pseudo-photographs.”
(4)
At the end of the Act there is inserted the Schedule set out in Schedule 12 to this
Act.
25
(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 after the commencement of that paragraph.
(6)
The amendments made by subsections (2)(a), (3) and (4) and Schedule 12 have
effect whether the property in question was lawfully seized before or after the
30
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
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.
35
41
Forfeiture of indecent photographs of children: Northern Ireland
(1)
The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047
(N.I. 17)) is amended as follows.

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Part 5 — Miscellaneous
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(2)
In Article 4 (entry, search and seizure), for paragraph (2) there is substituted—
“(2)
In this Article “premises” has the same meaning as in the Police and
Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341
(N.I. 12)) (see Article 25 of that Order).”
(3)
For Articles 5 and 6 (forfeiture) there is substituted—
5
“5
Forfeiture
The Schedule to this Order makes provision about the forfeiture of
indecent photographs and pseudo-photographs.”
(4)
At the end of the Order there is inserted the Schedule set out in Schedule 13.
(5)
The amendment made by subsection (2) has effect only in relation to warrants
10
granted under Article 4(1) of the Protection of Children (Northern Ireland)
Order 1978 (S.I. 1978/1047 (N.I. 17)) after the commencement of that
subsection.
(6)
The amendments made by subsections (3) and (4) and Schedule 13 have effect
whether the property in question was lawfully seized before or after the
15
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
brought before a resident magistrate under Article 5(1) of the Protection of
Children (Northern Ireland) Order 1978 before the coming into force of those
20
provisions.
Independent Police Complaints Commission
42
Immigration and asylum enforcement functions: complaints and misconduct
(1)
The Secretary of State may make regulations conferring functions on the
Independent Police Complaints Commission in relation to—
25
(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,
reference to—
30
(a)
powers of entry,
(b)
powers to search persons or property,
(c)
powers to seize or detain property,
(d)
powers to arrest persons,
(e)
powers to detain persons,
35
(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
Kingdom.
40
(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

Police and Justice Bill
Part 6 — Supplemental
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function conferred on him by or under Part 8 of the Immigration and Asylum
Act 1999 (c. 33).
(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
5
(c. 30) (complaints);
(b)
may make provision for payment by the Secretary of State to or in
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
10
the purposes of the exercise of a function—
(a)
by virtue of this section, or
(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
15
to which—
(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.
20
(7)
Regulations under subsection (1) shall relate only to the exercise of functions in
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).
25
Extradition
43
Amendments to the Extradition Act 2003 etc
Schedule 14 (which in Part 1 makes amendments to the Extradition Act 2003
(c. 41) and in Part 2 makes other amendments concerning extradition) has
effect.
30
Part 6
Supplemental
44
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—
35
(a)
the Secretary of State, or
(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.
40
(2)
The power is exercisable by statutory instrument.

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Part 6 — Supplemental
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(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.
5
(4)
A statutory instrument containing an order or regulations 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 48,

is subject to annulment in pursuance of a resolution of either House of
10
Parliament.
(5)
A statutory instrument containing—
(a)
an order under—
section 24(2) or (8),
section 25(8), or
15
paragraph 48 of Schedule 1,

or
(b)
an order that includes provision made by virtue of section 26(3)(a) or
(b) or section 46(3)(b)(i) or (ii),

may not be made unless a draft has been laid before, and approved by a
20
resolution of, each House of Parliament.
(6)
A statutory instrument containing an order under section 46 made by the
Scottish Ministers, other than an order to which subsection (7) applies, is
subject to annulment in pursuance of a resolution of the Scottish Parliament.
(7)
A statutory instrument containing an order under section 46 made by the
25
Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i)
of that section may not be made unless a draft has been laid before, and
approved by a resolution of, the Scottish Parliament.
45
Money
(1)
There is to be paid out of money provided by Parliament—
30
(a)
any expenditure incurred by a Minister of the Crown by virtue of this
Act;
(b)
any increase attributable to this Act in the sums payable by virtue of
any other Act out of money so provided.
(2)
Sums received by a Minister of the Crown by virtue of this Act are to be paid
35
into the Consolidated Fund.
46
Power to make consequential and transitional provision etc
(1)
The Secretary of State may by order make—
(a)
any supplementary, incidental or consequential provision, and
(b)
any transitional or saving provision,
40

that he considers necessary or expedient for the purposes of, in consequence of,
or for giving full effect to any provision of this Act.

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(2)
The power conferred by subsection (1) is exercisable by the Scottish Ministers
(rather than the Secretary of State) where the provision to be made is within the
legislative competence of the Scottish Parliament.
(3)
An order under this section may in particular—
(a)
provide for any provision of this Act which comes into force before
5
another provision has come into force to have effect, until that other
provision has come into force, with specified modifications;
(b)
amend or repeal—
(i)
any Act (including this Act and any Act passed in the same
Session as this Act) or any Act of the Scottish Parliament;
10
(ii)
Northern Ireland legislation;
(iii)
subordinate legislation (within the meaning of the
Interpretation Act 1978 (c. 30)) made before the passing of this
Act.
(4)
Nothing in this section limits the power under section 44 to include transitional
15
or saving provision in a commencement order under section 48.
(5)
The amendments that may be made by virtue of subsection (3)(b) are in
addition to those that are made by, or may be made under, any other provision
of this Act.
47
Amendments and repeals
20
Schedules 15 (minor and consequential amendments) and 16 (repeals and
revocations) have effect.
48
Commencement
(1)
Subject to subsections (2) to (9)—
(a)
Parts 1 to 5, and
25
(b)
section 47 (and Schedules 15 and 16),

come into force in accordance with provision made by order by the Secretary
of State.
(2)
Subsection (1) does not apply to—
(a)
paragraphs 9(3)(a) and 21 to 23 of Schedule 2 (and section 2 so far as
30
relating to those paragraphs);
(b)
paragraphs 35, 37 and 46 of Schedule 15;
(c)
the repeals in Part 1(B) of Schedule 16 that relate to the paragraphs
mentioned in paragraphs (a) and (b);
(d)
section 47 so far as relating to any of those paragraphs and repeals.
35
(3)
An order bringing the following provisions into force may be made only with
the consent of the Scottish Ministers—
(a)
section 1(2)(b);
(b)
Parts 5 and 6 of Schedule 1 and paragraphs 51 to 53 of that Schedule
(and section 1(3) so far as relating to those provisions);
40
(c)
in Part 1(A) of Schedule 16, the repeals in or of the following provisions
(and section 47 so far as relating to those repeals)—
(i)
the Police (Scotland) Act 1967 (c. 77);
(ii)
sections 109 to 111 of the Police Act 1997 (c. 50), Schedule 8 to
that Act and paragraphs 10, 12 and 14 of Schedule 9 to that Act;
45

Police and Justice Bill
Part 6 — Supplemental
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(iii)
the Scottish Public Services Ombudsman Act 2002 (asp 11).
(4)
The following provisions come into force in accordance with provision made
by order by the Scottish Ministers—
(a)
sections 36 to 39 so far as they extend to Scotland;
(b)
paragraphs 12 to 14 and 24 of Schedule 15 so far as they extend to
5
Scotland;
(c)
paragraph 20 of that Schedule;
(d)
the repeals in Part 5 of Schedule 16 of—
(i)
provisions in section 13 of the Computer Misuse Act 1990
(c. 18);
10
(ii)
section 17(7) of that Act so far as it extends to Scotland;
(iii)
paragraph 77 of Schedule 4 to the Criminal Procedure
(Consequential Provisions) (Scotland) Act 1995 (c. 40);
(e)
section 47 so far as relating to those paragraphs and repeals.
(5)
Paragraph 7(2) of Schedule 7 (and section 17 so far as relating to that
15
paragraph), so far as relating to fire and rescue authorities in Wales, comes into
force in accordance with provision made by order by the National Assembly
for Wales.
(6)
The following provisions, so far as relating to local authorities in Wales, come
into force in accordance with provision made by order by the National
20
Assembly for Wales—
(a)
sections 14 and 15 and Schedule 6;
(b)
paragraph 29 of Schedule 15 (and section 47 so far as relating to that
paragraph);
(c)
section 22 and Schedule 8;
25
(d)
the repeal in Part 3 of Schedule 16 of section 91 of the Anti-social
Behaviour Act 2003 (c. 38) (and section 47 so far as relating to that
repeal).
(7)
The following provisions, so far as relating to local authorities in Wales or
registered social landlords on the register maintained by the National
30
Assembly for Wales, come into force in accordance with provision made by
order by the Assembly—
(a)
sections 18 to 20;
(b)
paragraphs 40 to 44 of Schedule 15 (and section 47 so far as relating to
those paragraphs).
35
(8)
The following provisions—
(a)
so far as relating to the granting of injunctions on the application of a
relevant Welsh landlord—
(i)
section 21,
(ii)
paragraph 26 of Schedule 15,
40
(iii)
in Part 3 of Schedule 16, the repeal of section 13(4)(b) of the Anti-
social Behaviour Act 2003, and
(iv)
section 47 so far as relating to that paragraph and that repeal,
(b)
so far as relating to any tenancy where the landlord is a relevant Welsh
landlord—
45
(i)
paragraphs 9 to 11 of Schedule 15, and
(ii)
section 47 so far as relating to those paragraphs, and
(c)
so far as relating to a relevant Welsh landlord—