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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);

 
 

Police and Justice Bill
Part 5 — Miscellaneous

33

 

(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.

 
 

Police and Justice Bill
Part 5 — Miscellaneous

34

 

(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.

 
 

Police and Justice Bill
Part 6 — Supplemental

36

 

(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.

 
 

Police and Justice Bill
Part 6 — Supplemental

37

 

(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

38

 

(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—

 
 

 
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