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Session 2006 - 07 Publications on the internet Other Bills before Parliament Bill Home Page

Index to Criminal Justice And Immigration Bill

INTRODUCTION SUMMARY Part 2: Sentencing Part 3: Appeals Part 4: Her Majesty's Commissioner for Offender Management and Prisons Part 5: Other criminal justice provisions Part 6: Criminal Law Part 7: International co-operation in relation to criminal justice matters Part 8: Violent offender orders Part 9: Anti-social behaviour Part 10: Policing Part 11: Special Immigration Status Part 12: General Part 1 - Youth Rehabilitation Orders Part 2 - Sentencing Part 3 - Appeals Part 4 - Prison and Probation Ombudsman Part 5 - Other Criminal Justice Provisions Part 6 - Criminal Law Part 7 -International Co-operation in relation to Criminal Justice Matters Part 8 - Violent Offender Orders Part 9 - Anti-social behaviour Part 10 - Policing Part 11- Special Immigration Status TERRITORIAL EXTENT THE BILL Clause 2 and Schedule 2: Breach, revocation or amendment of youth rehabilitation orders. Clause 3 and Schedule 3: transfer of the youth rehabilitation order to Northern Ireland. Clause 4: Meaning of "the responsible officer" Clause 5: Responsible officer and offender: duties in relation to the other Clause 6 and Schedule 4: Abolition of certain youth orders and related amendments Clause 7: Youth rehabilitation orders; interpretation Clause 8: Isles of Scilly Part 2: Sentencing Clause 10: Abolition of suspended sentences for summary offences Clause 11: Restriction on imposing community sentences Clause 12: Indeterminate Sentences: determination of tariffs Clause 13: Consecutive terms of imprisonment Clause 14: Minimum conditions for early release under section 246(1) of the Criminal Justice Act 2003 Clause 15: Application of section 35(1) of the Criminal Justice Act 1991 to prisoners liable to removal from the UK Clause 16: Release of prisoners after recall Section 254A Re-release after recall: offences other than specified offences 254B     Re-release after recall: specified offences 254C Re-release after recall: extended sentences Clause 17: Further review and release of prisoners after recall Clause 18: Recall of life prisoners: abolition of requirement for recommendation by Parole Board Clause 19: Removal under Criminal Justice Act 1991 (offences before 4th April 2005 etc) Clause 20 Removal under Criminal Justice Act 2003 Clause 21: Referral orders: referral conditions Clause 22: Imposition of unpaid work requirement for breach of community order Clause 23: Youth Default Orders Schedule 5: Youth Default Orders: Modification of provisions applying to youth rehabilitation orders Clause 24: Power to impose attendance centre requirement on fine defaulter Clause 25: Disclosure of information for enforcing fines New paragraph 9A of Part 3 of Schedule 5 to the Courts Act 2003. New paragraph 9B of Part 3 of Schedule 5 to the Courts Act 2003. Clause 26: Appeals against conviction Clause 27: Determination of prosecution appeals Clause 28: Review of sentence on a reference by Attorney General Part 4: Her Majesty's Commissioner for Offender Management and Prisons Clause 30 and Schedule 7: Eligible complaints: general Clause 31: Eligible complaints: specific requirements applicable to all complaints Clause 32: Treatment by Commissioner of complaints Clause 33: Report on the outcome of an investigation Clause 34: Recommendations by Commissioner Clause 35 and Schedule 8: Investigation of deaths Clause 36: Reports on the outcome of a death investigation Clause 37 Investigations requested by the Secretary of State Clause 38: Reports on the outcome of an investigation under section 37 Clause 39: Powers of Commissioner to obtain information etc. Clause 40: Exceptions etc. to Commissioner's powers under Section 39 Clause 41: Obstruction and contempt Clause 42: Working with other ombudsmen etc. Clause 43: Legal and other representation Clause 44: Disclosure of information etc Clause 45: Disclosure of information prejudicial to national security or contrary to public interest Clause 46: Notification of matters of potential concern to the police or other authorities Clause 47: Power to pay expenses Clause 48 and Schedule 9: Consequential amendments relating to Part 4 Clause 49: Transitional provision: the Prisons and Probation Ombudsman Clause 50 and Schedule 10: Interpretation of Part 4 Clause 51: Power to modify certain provisions of Part 4 Clause 48: Power to confer new functions on the Commissioner Part 5: Other Criminal Justice Provisions Schedule 11: Alternatives to prosecution for offenders under 18 New section 66A of the 1998 Act: Youth conditional cautions for offenders aged 16 and 17 New section 66B of the 1998 Act: The five requirements New section 66C of the 1998 Act: Financial penalties New section 66D of the 1998 Act: Variation of conditions New section 66E of the 1998 Act: Failure to comply with the conditions New section 66F of the 1998 Act: Restriction on sentencing powers where youth conditional caution given New section 66G of the 1998 Act: Code of practice New section 66H of the 1998 Act: Interpretation Clause 54 and Schedule 12: Protection for spent cautions under the Rehabilitation of Offenders Act 1974 Clause 55: Criminal conviction certificates and criminal record certificates Clause 56: Allocation of offences triable either way etc. Clause 57: Trial or sentencing in absence of accused in magistrates' courts Clause 58: Extension of powers of non-legal staff Criminal Legal Aid Clause 59: Provisional grant of right of representation Clause 60: Disclosure of information to enable assessment of financial eligibility Clause 61: Pilot schemes Clause 62: Compensation for miscarriages of justice Clause 63: Annual report on the Criminal Justice (Terrorism and Conspiracy) Act 1998 Part 6: Criminal Law Clause 65: Exclusion of classified films etc. Clause 66: Defence Clause 67: Penalties etc. for possession of extreme pornographic images Clause 68: Indecent photographs of children Clause 69: Indecent photographs of children (Northern Ireland) Clause 70: Maximum penalty for publication etc. of obscene articles Clause 71: Amendment to offence of loitering etc for the purposes of prostitution Clause 72 and Schedule 14: Orders to promote rehabilitation Clause 73: Rehabilitation of offenders: orders under section 1(2A) of the Street Offences Act 1959 Clause 74: Offences relating to the physical protection of nuclear material and nuclear facilities Schedule 15 Offences relating to nuclear material and nuclear facilities Clause 75: Imprisonment for unlawfully obtaining etc. personal data Part 7: International Co-operation in relation to Criminal Matters Clause 77: Procedure on receipt of certificate by Lord Chancellor Clause 78: Requests from other Member States Clause 79: Procedure on receipt of certificate by designated officer Clause 80: Recognition of financial penalties: supplemental Clause 81: Interpretation of sections 76 to 80 Clause 82: Power to transfer functions under Crime (International Co-operation) Act 2003 in relation to direct taxation Part 8: Violent Offender Orders Clause 84: Qualifying offenders Clause 85: Applications for violent offender orders Clause 86: Making of violent offender orders Clause 87: Variation, renewal or discharge of violent offender orders Clause 88: Interim violent offender orders Clause 89: Appeals Clause 90: Offenders subject to notification requirements Clause 91: Notification requirements: initial notification Clause 92: Notification requirements: changes Clause 93: Notification requirements: periodic notification Clause 94: Notification requirements: travel outside United Kingdom Clause 95: Method of notification and related matters Clause 96: Notification requirements to be complied with by parents of young offenders Clause 97: Parental directions: notification requirements imposed on parents of young offenders Clause 98: Offences Clause 99: Supply of information to the Secretary of State etc. Clause 100: Supply of information by Secretary of State etc. Clause 101: Information about release or transfer Clause 102: Interpretation of Part 8 Part 9: Anti-social Behaviour Section 11A of new Part 1A: Part 1A closure notice Section 11B: Part 1A closure order Section 11C: Part 1A closure order: enforcement Section 11D: Closure of premises associated with persistent disorder or nuisance: offences Section 11E: Part 1A closure order: extension and discharge Section 11F: Part 1A closure order: appeals Section 11G: Part 1A closure order: access to other premises Section 11H: Part 1A closure order: reimbursement of costs Section 11I: Part 1A closure notice or order: exemption from liability Section 11J: Part 1A closure notices and orders: compensation Clause 104: Offence of causing nuisance or disturbance on NHS premises Clause 105: Power to remove person causing nuisance or disturbance Clause 106: Guidance about the power to remove etc Clause 107 and Schedule 18: Nuisance and disturbance on HSS premises Clause 108: Review of anti-social behaviour orders etc. Clause 109: Individual support orders Clause 110: Parenting contracts and parenting orders: local authorities Part 10: Policing Clause 112 and Schedule 20: Investigation of complaints of police misconduct etc. Clause 113: Financial Assistance under section 57 of the Police Act 1996. Clause 114: Inspection of Police Authorities Part 11: Special Immigration Status Clause 116: "Foreign criminal" Clause 117: Effect of designation Clause 118: Conditions Clause 119: Support Clause 120: Support: supplemental Clause 121: End of designation Clause 122: Interpretation: general Clause 123: Orders and regulations Clause 124 and Schedules 21 and 22: Consequential etc. amendments and transitional and saving provision Schedule 21: Minor and consequential amendments Clause 125 and Schedule 23: Repeals and revocations Clause 126: Financial provisions Clause 127: Extent Clause 128: Commencement Clause 129: Short title FINANCIAL EFFECTS OF THE BILL Part 1: Youth Rehabilitation Orders. Part 2: Sentencing Part 4: Her Majesty's Commissioner for Offender Management and Prisons Part 5: Other Criminal Justice Provisions Part 6: Criminal Law Part 7: International Co-operation in relation to Criminal Justice Matters Part 8: Violent Offender Orders Part 9: Anti-social Behaviour Part 10: Policing Part 11: Special immigration status EFFECTS OF THE BILL OF PUBLIC SECTOR MANPOWER SUMMARY OF REGULATORY IMPACT ASSESSMENTS EUROPEAN CONVENTION ON HUMAN RIGHTS Part 1: Youth Rehabilitation Orders Purposes etc of sentencing: offenders aged under 18 Early removal of prisoners from the United Kingdom Fixed Term Recalls Youth Default Orders Appeals against convictions Part 4: Her Majesty's Commissioner for Offender Management and Prisons Alternatives to prosecutions for offenders under 18 - youth conditional cautions Trial or sentencing in absence of the accused in magistrates' courts Compensation for Miscarriages of Justice Extreme Pornographic Images Extension of definition of photograph in the Protection of Children Act 1978 Offences relating to nuclear material and nuclear facilities Imprisonment for unlawfully obtaining etc. personal data Part 8: Violent offender orders Part 9: Anti-social behaviour Individual support orders Offence of causing nuisance or disturbance on hospital premises Part 10: Policing Part 11: Special immigration status ANNEX A

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