Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 7 — International co-operation in relation to criminal justice matters
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(5)
Where the person required to pay the financial penalty is a body corporate,
subsection (3) applies as if the reference to the member State in which the
person appears to be normally resident were a reference to the member State
in which the person appears to have its registered office.
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Requests from other member States
5
(1)
This section applies where the competent authority or central authority of a
member State other than the United Kingdom gives the Lord Chancellor—
(a)
a certificate requesting enforcement under the Framework Decision on
financial penalties, and
(b)
the decision, or a certified copy of the decision, requiring payment of
10
the financial penalty to which the certificate relates.
(2)
If the certificate is given to the Lord Chancellor because the person required to
pay the financial penalty is normally resident in England and Wales, the Lord
Chancellor must give the documents mentioned in subsection (1) to the
designated officer for the local justice area in which it appears that the person
15
is normally resident.
(3)
If the certificate is given to the Lord Chancellor because the person required to
pay the financial penalty has property or income in the United Kingdom, the
Lord Chancellor may give the documents mentioned in subsection (1) to the
designated officer for such local justice area as appears appropriate.
20
(4)
Where the Lord Chancellor acts under subsection (2) or (3), the Lord
Chancellor must also give the designated officer a notice—
(a)
stating whether the Lord Chancellor thinks that any of the grounds for
refusal apply (see section 80(1)), and
(b)
giving reasons for that opinion.
25
(5)
Where the person required to pay the financial penalty is a body corporate,
subsection (2) applies as if—
(a)
the reference to the person being normally resident in England and
Wales were a reference to the person having its registered office in
England and Wales, and
30
(b)
the reference to the local justice area in which it appears that the person
is normally resident were a reference to the local justice area in which
it appears that the person has its registered office.
(6)
In this section and section 79—
(a)
“decision” has the meaning given by Article 1 of the Framework
35
Decision on financial penalties (except in section 79(4));
(b)
“financial penalty” has the meaning given by that Article.
79
Procedure on receipt of certificate by designated officer
(1)
This section applies where the Lord Chancellor gives the designated officer for
a local justice area—
40
(a)
a certificate requesting enforcement under the Framework Decision on
financial penalties,
(b)
the decision, or a certified copy of the decision, requiring payment of
the financial penalty to which the certificate relates, and
(c)
a notice under section 78(4).
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(2)
The designated officer must refer the matter to a magistrates’ court acting for
that area.
(3)
The magistrates’ court must decide whether it is satisfied that any of the
grounds for refusal apply (see section 80(1)).
(4)
The designated officer must inform the Lord Chancellor of the decision of the
5
magistrates’ court.
(5)
Subsection (6) applies unless the magistrates’ court is satisfied that one or more
of the grounds for refusal apply.
(6)
The enactments specified in subsection (7) apply in relation to the financial
penalty as if it were a sum adjudged to be paid by a conviction of the
10
magistrates’ court on the date when the court made the decision mentioned in
subsection (4).
(7)
The enactments specified in this subsection are—
(a)
Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and
enforcement);
15
(b)
Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc.
and discharge of fines etc. by unpaid work);
(c)
any subordinate legislation (within the meaning of the Interpretation
Act 1978 (c. 30)) made under the enactments specified in paragraphs (a)
and (b).
20
(8)
If the certificate requesting enforcement under the Framework Decision on
financial penalties states that part of the financial penalty has been paid, the
reference in subsection (6) to the financial penalty is to be read as a reference to
such part of the penalty as remains unpaid.
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Recognition of financial penalties: supplemental
25
(1)
Schedule 16 specifies the grounds for refusal for the purposes of sections
78(4)(a) and 79(3) and (5).
(2)
The Lord Chancellor may by order make further provision for or in connection
with giving effect to the Framework Decision on financial penalties.
(3)
An order under subsection (2) may in particular—
30
(a)
modify the enactments specified in section 79(7) in their application to
financial penalties by virtue of section 79(6), and
(b)
amend, repeal or revoke any provision of—
(i)
any Act (including any Act passed in the same Session as this
Act);
35
(ii)
subordinate legislation (within the meaning of the
Interpretation Act 1978) made before the passing of this Act.
81
Interpretation of sections 76 to 80
(1)
In sections 76 to 80—
“central authority”, in relation to a member State, means an authority
40
designated by the State as a central authority for the purposes of the
Framework Decision on financial penalties;

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“competent authority”, in relation to a member State, means an authority
designated by the State as a competent authority for the purposes of
that Decision;
“the Framework Decision on financial penalties” means the Framework
Decision of the Council of the European Union made on 24 February
5
2005 on the application of the principle of mutual recognition to
financial penalties (2005/214/JHA).
(2)
References in those sections to a certificate requesting enforcement under the
Framework Decision on financial penalties are references to such a certificate
as is provided for by article 4 of that Decision.
10
Mutual legal assistance in revenue matters
82
Power to transfer functions under Crime (International Co-operation) Act
2003 in relation to direct taxation
(1)
In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32)
(exercise of powers by others)—
15
(a)
in paragraph (a), for “Commissioners of Customs and Excise”
substitute “Commissioners for Revenue and Customs”; and
(b)
in paragraph (b), for “a customs officer” substitute “an officer of
Revenue and Customs”.
(2)
Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs
20
Act 2005 (c. 11) (power under section 27(1) not applicable to former inland
revenue matters etc.) ceases to have effect.
Part 8
Violent Offender Orders
Violent offender orders
25
83
Violent offender orders
(1)
A violent offender order is an order made in respect of a qualifying offender
which—
(a)
contains such prohibitions, restrictions or conditions as the court
making the order considers necessary for the purpose of protecting the
30
public from the risk of serious violent harm caused by the offender, and
(b)
has effect for a period of at least 2 years specified in the order (unless
renewed or discharged under section 87).
(2)
For the purposes of this Part any reference to protecting the public from the
risk of serious violent harm caused by a person is a reference to protecting—
35
(a)
the public in the United Kingdom, or
(b)
any particular members of the public in the United Kingdom,

from the risk of serious physical or psychological harm caused by that person
committing one or more specified offences.
(3)
In this Part “specified offence” means—
40
(a)
manslaughter;

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(b)
an offence under section 4 of the Offences against the Person Act 1861
(c. 100) (soliciting murder);
(c)
an offence under section 18 of that Act (wounding with intent to cause
grievous bodily harm);
(d)
an offence under section 20 of that Act (malicious wounding); or
5
(e)
attempting to commit murder or conspiracy to commit murder.
84
Qualifying offenders
(1)
In this Part “qualifying offender” means a person within subsection (2) or (4).
(2)
A person is within this subsection if (whether before or after the
commencement of this Part)—
10
(a)
the person has been convicted of a specified offence and given a
custodial sentence of at least 12 months for the offence,
(b)
the person has been found not guilty of a specified offence by reason of
insanity and subsection (3) applies, or
(c)
the person has been found to be under a disability and to have done the
15
act charged in respect of a specified offence and subsection (3) applies.
(3)
This subsection applies in the case of a person within (2)(b) or (2)(c) if the court
made in respect of the offence—
(a)
a hospital order (with or without a restriction order), or
(b)
a supervision order.
20
(4)
A person is within this subsection if, under the law in force in a country outside
England and Wales (and whether before or after the commencement of this
Part)—
(a)
the person has been convicted of a relevant offence and sentenced for
the offence to a period of imprisonment or other detention of at least 12
25
months,
(b)
a court exercising jurisdiction under that law has made in respect of a
relevant offence a finding equivalent to a finding that the person was
not guilty by reason of insanity, and has made in respect of the offence
an order equivalent to one mentioned in subsection (3), or
30
(c)
such a court has, in respect of a relevant offence, made a finding
equivalent to a finding that the person was under a disability and did
the act charged in respect of the offence, and has made in respect of the
offence an order equivalent to one mentioned in subsection (3).
(5)
In subsection (4) “relevant offence” means an act which—
35
(a)
constituted an offence under the law in force in the country concerned,
and
(b)
would have constituted a specified offence if it had been done in
England and Wales.
(6)
An act punishable under the law in force in a country outside England and
40
Wales constitutes an offence under that law for the purposes of subsection (5)
however it is described in that law.
(7)
Subject to subsection (8), on an application under section 85 the condition in
subsection (5)(b) (where relevant) is to be taken as met in relation to the person
to whom the application relates (“P”) unless, not later than rules of court may
45
provide, P serves on the applicant a notice—

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(a)
denying that, on the facts as alleged with respect to the act in question,
the condition is met,
(b)
giving the reasons for denying that it is met, and
(c)
requiring the applicant to prove that it is met.
(8)
If the court thinks fit, it may permit P to require the applicant to prove that the
5
condition is met even though no notice has been served under subsection (7).
85
Applications for violent offender orders
(1)
A chief officer of police may by complaint to a magistrates’ court apply for a
violent offender order to be made in respect of a person—
(a)
who resides in the chief officer’s police area, or
10
(b)
who the chief officer believes is in, or is intending to come to, that area,

if it appears to the chief officer that the conditions in subsection (2) are met.
(2)
The conditions are—
(a)
that the person is a qualifying offender, and
(b)
that the person has, since the appropriate date, acted in such a way as
15
to give reasonable cause to believe that it is necessary for a violent
offender order to be made in respect of the person.
(3)
An application under this section may be made to any magistrates’ court
whose commission area includes—
(a)
any part of the applicant’s police area, or
20
(b)
any place where it is alleged that the person acted in such a way as is
mentioned in subsection (2)(b).
(4)
The Secretary of State may by order make provision—
(a)
for applications under this section to be made by such persons or
bodies as are specified or described in the order;
25
(b)
specifying cases or circumstances in which applications may be so
made;
(c)
for provisions of this Part to apply, in relation to the making of
applications (or cases where applications are made) by any such
persons or bodies, with such modifications as are specified in relation
30
to them in the order.
(5)
In this Part “the appropriate date” means the date (or, as the case may be, the
first date) on which the person became a person within any of paragraphs (a)
to (c) of section 84(2) or (4), whether that date fell before or after the
commencement of this Part.
35
86
Making of violent offender orders
(1)
A magistrates’ court may make a violent offender order in respect of the person
to whom an application under section 85 relates (“P”) if it is satisfied that the
conditions in subsection (2) are met.
(2)
The conditions are—
40
(a)
that P is a qualifying offender,
(b)
that P has, since the appropriate date, acted in such a way as to make it
necessary to make a violent offender order for the purpose of
protecting the public from the risk of serious violent harm caused by P.

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(3)
When deciding whether it is necessary to make such an order for that purpose,
the court must have regard to whether P would, at any time when such an
order would be in force, be subject under any other enactment to any measures
that would operate to protect the public from the risk of such harm.
(4)
A violent offender order may not be made so as to come into force at any time
5
when P—
(a)
is subject to a custodial sentence imposed in respect of any offence,
(b)
is on licence for part of the term of such a sentence, or
(c)
is subject to a hospital order or a supervision order made in respect of
any offence.
10
(5)
But such an order may be applied for, and made, at such a time.
87
Variation, renewal or discharge of violent offender orders
(1)
A person within subsection (2) may by complaint apply to the appropriate
magistrates’ court for an order varying, renewing or discharging a violent
offender order.
15
(2)
The persons are—
(a)
the offender,
(b)
the chief officer of police who applied for the order,
(c)
(if different) the chief officer of police for the area in which the offender
resides, and
20
(d)
(if different) a chief officer of police who believes that the offender is in,
or is intending to come to, his police area.
(3)
The “appropriate magistrates’ court” means the magistrates’ court that made
the order or (if different)—
(a)
a magistrates’ court for the area in which the offender resides, or
25
(b)
where the application under this section is made by a chief officer of
police, any magistrates’ court whose commission area includes any
part of the chief officer’s police area.
(4)
On an application under this section the appropriate magistrates’ court may,
after hearing—
30
(a)
the applicant, and
(b)
any other persons mentioned in subsection (2) who wish to be heard,
make such order varying, renewing or discharging the violent offender order
as the court considers appropriate.
But this is subject to subsections (5) and (6).
35
(5)
A violent offender order may only be—
(a)
renewed, or
(b)
varied so as to impose additional prohibitions, restrictions or
conditions on the offender,
if the court considers that it is necessary to do so for the purpose of protecting
40
the public from the risk of serious violent harm caused by the offender (and
any renewed or varied order may contain only such prohibitions, restrictions
or conditions as the court considers necessary for this purpose).
(6)
The court may not discharge the violent offender order before the end of the
period of 2 years beginning with the date on which it comes into force unless
45
consent to its discharge is given by the offender and—

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(a)
where the application under this section is made by a chief officer of
police, by that chief officer, or
(b)
where the application is made by the offender, by the chief officer of
police for the area in which the offender resides.
88
Interim violent offender orders
5
(1)
This section applies where an application under section 85 (“the main
application”) has not yet been determined.
(2)
An application for an order under this section (“an interim violent offender
order”) may be made—
(a)
by the complaint by which the main application is made, or
10
(b)
if the main application has already been made to a court, by means of a
further complaint made to that court by the person making the main
application.
(3)
If the court—
(a)
is satisfied that the person to whom the main application relates is a
15
qualifying offender, and
(b)
considers it just to do so,

the court may make an interim violent offender order in respect of the person
containing such prohibitions, restrictions or conditions as the court considers
necessary for the purpose of protecting the public from the risk of serious
20
violent harm caused by that person.
(4)
But an interim violent offender order may not be made so as to come into force
at any time when the person—
(a)
is subject to a custodial sentence for any offence,
(b)
is on licence for part of the term of such a sentence, or
25
(c)
is subject to a hospital order or a supervision order made in respect of
any offence.
(5)
Such an order has effect, unless renewed, only for such fixed period of not
more than 4 weeks as may be specified in the order.
(6)
Such an order—
30
(a)
may be renewed (on one or more occasions) for a period of not more
than 4 weeks from the time when it would otherwise cease to have
effect; and
(b)
ceases to have effect (if it has not already done so) at the appropriate
time.
35
(7)
“The appropriate time” means—
(a)
if the court grants the main application, the time when a violent
offender order made in pursuance of it comes into force;
(b)
if the court decides not to grant the main application or it is withdrawn,
the time when the court so decides or the application is withdrawn.
40
(8)
Section 87 applies to an interim violent offender order as it applies to a violent
offender order, but with the omission of subsection (6).
89
Appeals
(1)
A person in respect of whom—