Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 6 — Criminal law
47

67
Penalties etc. for possession of extreme pornographic images
(1)
This section has effect where a person is guilty of an offence under section 64.
(2)
Except where subsection (3) applies to the offence, the offender is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the
relevant period or a fine not exceeding the statutory maximum or both;
5
(b)
on conviction on indictment, to imprisonment for a term not exceeding
3 years or a fine or both.
(3)
If the offence relates to an image that does not depict any act within section
64(6)(a) or (b), the offender is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding the
10
relevant period or a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine or both.
(4)
In subsection (2)(a) or (3)(a) “the relevant period” means—
(a)
in relation to England and Wales, 12 months;
15
(b)
in relation to Northern Ireland, 6 months.
(5)
In Schedule 3 to the Sexual Offences Act 2003 (c. 42) (sexual offences in respect
of which an offender becomes subject to the notification requirements of Part
2), after paragraph 35 insert—
“35A
An offence under section 64 of the Criminal Justice and Immigration
20
Act 2007 (possession of extreme pornographic images) if the
offender—
(a)
was 18 or over, and
(b)
is sentenced in respect of the offence to imprisonment for a
term of at least 2 years.”
25
(6)
In subsection (5) the reference to Schedule 3 to the Sexual Offences Act 2003 is
a reference to that Schedule as it applies in relation to England and Wales and
Northern Ireland.
68
Indecent photographs of children
(1)
The Protection of Children Act 1978 (c. 37) is amended as follows.
30
(2)
In section 1B(1)(b) (exception for members of the Security Service)—
(a)
after “Security Service” insert “or the Secret Intelligence Service”;
(b)
for “the Service” substitute “that Service”.
(3)
After section 7(4) (meaning of photograph), insert—
“(4A)
References to a photograph also include—
35
(a)
a tracing or other image, whether made by electronic or other
means (of whatever nature)—
(i)
which is not itself a photograph or pseudo-photograph,
but
(ii)
which is derived from the whole or part of a photograph
40
or pseudo-photograph (or a combination of either or
both); and

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(b)
data stored on a computer disc or by other electronic means
which is capable of conversion into an image within paragraph
(a);

and subsection (8) applies in relation to such an image as it applies in
relation to a pseudo-photograph.”
5
(4)
In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo-
photograph” substitute “an indecent pseudo-photograph”.
69
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.
10
(2)
In article 2(2) (interpretation) in paragraph (b) of the definition of “indecent
pseudo-photograph”, for “a pseudo-photograph” substitute “an indecent
pseudo-photograph”.
(3)
After article 2(2) insert—
“(2A)
In this Order, references to a photograph also include—
15
(a)
a tracing or other image, whether made by electronic or other
means (of whatever nature)—
(i)
which is not itself a photograph or pseudo-photograph,
but
(ii)
which is derived from the whole or part of a photograph
20
or pseudo-photograph (or a combination of either or
both); and
(b)
data stored on a computer disc or by other electronic means
which is capable of conversion into an image within paragraph
(a);
25

and paragraph (3)(c) applies in relation to such an image as it applies in
relation to a pseudo-photograph.”
(4)
In article 3A(1)(b) (exception for members of the Security Service)—
(a)
after “Security Service” insert “or the Secret Intelligence Service”;
(b)
for “the Service” substitute “that Service”.
30
70
Maximum penalty for publication etc. of obscene articles
In section 2(1)(b) of the Obscene Publications Act 1959 (c. 66) (maximum
penalty on indictment for publication etc. of obscene articles) for “three years”
substitute “five years”.
Street offences
35
71
Amendment to offence of loitering etc. for purposes of prostitution
(1)
The Street Offences Act 1959 (c. 57) is amended as follows.
(2)
In subsection (1) of section 1 (loitering or soliciting for purposes of
prostitution)—
(a)
for “common prostitute” substitute “person”; and
40
(b)
after “female)” insert “persistently”.

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(3)
In subsection (4) of that section, after “section” insert “—
(a)
conduct is persistent if it takes place on two or more occasions
in any period of three months;
(b)
any reference to a person loitering or soliciting for the purposes
of prostitution is a reference to a person loitering or soliciting
5
for the purposes of offering services as a prostitute;
(c)
”.
(4)
Section 2 (application to court by person cautioned for loitering or soliciting)
ceases to have effect.
72
Orders to promote rehabilitation
10
(1)
The Street Offences Act 1959 (c. 57) is amended as follows.
(2)
In section 1 (loitering or soliciting for purposes of prostitution) after subsection
(2) insert—
“(2A)
The court may deal with a person convicted of an offence under this
section by making an order under this subsection requiring the
15
offender to attend three meetings with the person for the time being
specified in the order (“the supervisor”) or with such other person as
the supervisor may direct.
(2B)
The purpose of an order under subsection (2A) is to promote the
offender’s rehabilitation by assisting the offender, through attendance
20
at those meetings, to—
(a)
address the causes of the conduct constituting the offence; and
(b)
find ways to cease engaging in such conduct in the future.
(2C)
Where the court is dealing with an offender who is already subject to
an order under subsection (2A) (“the original order”), the court may not
25
make a further order under that subsection unless it first revokes the
original order.
(2D)
If the court makes an order under subsection (2A) it may not impose
any other penalty in respect of the offence.”
(3)
After section 1 insert—
30
“1A
Orders under section 1(2A): supplementary
(1)
This section applies where a court proposes to make an order under
subsection (2A) of section 1 in relation to a person convicted of an
offence under that section (“the offender”).
(2)
The order may not be made unless a suitable person has agreed to act
35
as supervisor in relation to the offender.
(3)
In subsection (2) “suitable person” means a person appearing to the
court to have appropriate qualifications or experience for helping the
offender to make the best use of the meetings for the purpose
mentioned in section 1(2B).
40
(4)
The order must specify—
(a)
a date (not more than six months after the date of the order) by
which the meetings required by the order must take place;

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(b)
the local justice area in which the offender resides or will reside
while the order is in force.
(5)
The meetings required by the order shall take place at such times and
places as the supervisor may determine and shall be of such duration
as he may determine.
5
(6)
It is the duty of the supervisor—
(a)
to make any arrangements that are necessary to enable the
meetings required by the order to take place; and
(b)
once the order has been complied with, to notify the court
which made the order of that fact.
10
(7)
The court making the order must forthwith provide copies of it to the
offender and the supervisor.
(8)
Subsection (9) applies where—
(a)
the order is made by the Crown Court, or
(b)
the order is made by a magistrates’ court but specifies a local
15
justice area for which the court making the order does not act.
(9)
The court must provide to a magistrates’ court acting for the local
justice area specified in the order—
(a)
a copy of the order, and
(b)
any documents and information relating to the case that it
20
considers likely to be of assistance to that court in the exercise of
any functions in relation to the order.
(10)
An order under section 1(2A) (other than an order that is revoked
under section 1(2C) or under the Schedule to this Act) ceases to be in
force—
25
(a)
at the end of the day on which the supervisor notifies the court
that the order has been complied with, or
(b)
at the end of the day specified in the order under subsection
(4)(a),

whichever first occurs.
30
(11)
The Schedule to this Act (which relates to failure to comply with orders
under section 1(2A) and to the revocation or amendment of such
orders) has effect.”
(4)
At the end of the Act insert the Schedule set out in Schedule 14 to this Act.
73
Rehabilitation of offenders: orders under section 1(2A) of the Street Offences
35
Act 1959
(1)
The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
(2)
In section 5 (rehabilitation periods for particular sentences) after subsection
(4C) insert—
“(4D)
The rehabilitation period applicable to an order under section 1(2A) of
40
the Street Offences Act 1959 shall be six months from the date of
conviction for the offence in respect of which the order is made.”
(3)
In section 6 of that Act (the rehabilitation period applicable to a conviction)

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after subsection (3) insert—
“(3A)
Without prejudice to subsection (2), where—
(a)
an order is made under section 1(2A) of the Street Offences Act
1959 in respect of a conviction,
(b)
after the end of the rehabilitation period applicable to the
5
conviction the offender is dealt with again for the offence for
which that order was made, and
(c)
the rehabilitation period applicable to the conviction in
accordance with subsection (2) (taking into account any
sentence imposed when so dealing with the offender) ends later
10
than the rehabilitation period previously applicable to the
conviction,

the offender shall be treated for the purposes of this Act as not having
become a rehabilitated person in respect of that conviction, and that
conviction shall for those purposes be treated as not having become
15
spent, in relation to any period falling before the end of the new
rehabilitation period.”
(4)
The amendments made by this section extend to England and Wales only.
Offences relating to nuclear material and nuclear facilities
74
Offences relating to the physical protection of nuclear material and nuclear
20
facilities
(1)
Part 1 of Schedule 15 amends the Nuclear Material (Offences) Act 1983 (c. 18)
to create—
(a)
further offences relating to the physical protection of nuclear material,
and
25
(b)
offences relating to the physical protection of nuclear facilities,

and makes other amendments to that Act.
(2)
Part 2 of that Schedule makes related amendments to the Customs and Excise
Management Act 1979 (c. 2).
Penalty for unlawfully obtaining etc. personal data
30
75
Imprisonment for unlawfully obtaining etc. personal data
(1)
Section 60 of the Data Protection Act 1998 (c. 29) (penalties for offences under
Act) is amended as follows.
(2)
In subsection (2) (offences under Act punishable by fine) for “other than section
54A” substitute “other than sections 54A and 55”.
35
(3)
After subsection (3) insert—
“(3A)
A person guilty of an offence under section 55 is liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory
maximum or to both;
40
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.

Criminal Justice and Immigration Bill
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(3B)
In the application of subsection (3A)(a)—
(a)
in England and Wales, in relation to an offence committed
before the commencement of section 282(1) of the Criminal
Justice Act 2003 (increase in sentencing powers of magistrates’
court from 6 to 12 months for certain offences triable either
5
way),
(b)
in Scotland, until the commencement of section 45(1) of the
Criminal Proceedings etc. (Reform) (Scotland) Act 2007
(increase in sentencing powers from 6 to 12 months), and
(c)
in Northern Ireland,
10

the reference to 12 months is to be read as a reference to 6 months.”
Part 7
International co-operation in relation to criminal justice matters
Mutual recognition of financial penalties
76
Requests to other member States
15
(1)
In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines and other sums
imposed on conviction) in paragraph 38 (the range of further steps available
against defaulters)—
(a)
after sub-paragraph (1)(e) insert—
“(f)
subject to sub-paragraph (4), issuing a certificate
20
requesting enforcement under the Framework Decision
on financial penalties;” and
(b)
after sub-paragraph (3) insert—
    “(4)
A certificate requesting enforcement under the Framework
Decision on financial penalties may only be issued where—
25
(a)
the sum due is a financial penalty within the meaning
of section 76 of the Criminal Justice and Immigration
Act 2007, and
(b)
it appears to the fines officer or the court that P is
normally resident, or has property or income, in a
30
member State other than the United Kingdom.
      (5)
In this paragraph, references to a certificate requesting
enforcement under the Framework Decision on financial
penalties are to be construed in accordance with section 81(2)
of the Criminal Justice and Immigration Act 2007.”
35
(2)
The designated officer for a magistrates’ court may issue a certificate
requesting enforcement under the Framework Decision on financial penalties
where—
(a)
a person is required to pay a financial penalty,
(b)
the penalty is not paid in full within the time allowed for payment,
40
(c)
there is no appeal outstanding in relation to the penalty,
(d)
Schedule 5 to the Courts Act 2003 does not apply in relation to the
enforcement of the penalty, and

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(e)
it appears to the designated officer that the person is normally resident
in, or has property or income in, a member State other than the United
Kingdom.
(3)
For the purposes of subsection (2)(c), there is no appeal outstanding in relation
to a financial penalty if—
5
(a)
no appeal has been brought in relation to the imposition of the financial
penalty within the time allowed for making such an appeal, or
(b)
such an appeal has been brought but the proceedings on appeal have
been concluded.
(4)
Where the person required to pay the financial penalty is a body corporate,
10
subsection (2)(e) applies as if the reference to the person being normally
resident in a member State other than the United Kingdom were a reference to
the person having its registered office in a member State other than the United
Kingdom.
(5)
In this section, “financial penalty” means—
15
(a)
a fine imposed on the person’s conviction of an offence;
(b)
any sum payable under a compensation order (within the meaning of
section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(c. 6));
(c)
a surcharge under section 161A of the Criminal Justice Act 2003 (c. 44);
20
(d)
any sum payable under any such order as is mentioned in paragraphs
1 to 9 of Schedule 9 to the Administration of Justice Act 1970 (c. 31)
(orders for payment of costs);
(e)
any other financial penalty, within the meaning of the Framework
Decision on financial penalties, specified in an order made by the Lord
25
Chancellor.
77
Procedure on receipt of certificate by Lord Chancellor
(1)
This section applies where—
(a)
a magistrates’ court or a fines officer has, under paragraph 39(3)(b) or
40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate
30
requesting enforcement under the Framework Decision on financial
penalties, or
(b)
the designated officer for a magistrates’ court has issued such a
certificate under section 76(2) of this Act.
(2)
The fines officer (in the case of a certificate issued by the officer) or the
35
designated officer for the magistrates’ court (in any other case) must give the
Lord Chancellor the certificate, together with a certified copy of the decision
requiring payment of the financial penalty.
(3)
On receipt of the documents mentioned in subsection (2), the Lord Chancellor
must give those documents to the central authority or competent authority of
40
the member State in which the person required to pay the penalty appears to
be normally resident or (as the case may be) to have property or income.
(4)
Where a certified copy of the decision is given to the central authority or
competent authority of a member State in accordance with subsection (3), no
further steps to enforce the decision may be taken in England and Wales except
45
in accordance with provision made by order by the Lord Chancellor.