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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 8 — The Commissioner’s deaths remit

160

 

detained there under the Immigration Act 1971 (c. 77) or under section 62 of

the Nationality, Immigration and Asylum Act 2002 (c. 41).

7          

Any matter relating to the way in which a person has been treated by

immigration custody officers while in their custody, or under their control

or escort, anywhere in the world (other than at immigration detention

5

premises).

Part 2

Supplementary

8          

In this Schedule “statutory functions” means functions conferred by or

under any Act (including, in the case of prison officers, functions exercisable

10

by virtue of section 8 of the Prison Act 1952 (c. 52)).

9          

In paragraph 3 the references to the Secretary of State are references to the

Secretary of State having responsibility for prisons.

Schedule 8

Section 35

 

The Commissioner’s deaths remit

15

1          

A death of a person at any applicable premises while being held there.

2          

A death of a person while in the custody, or under the control or escort, of

prison officers or prisoner custody officers anywhere in the world.

3          

A death of a person which the Commissioner is satisfied should be

investigated because it is or may be linked to events which have occurred—

20

(a)   

at any applicable premises while that person was being held there; or

(b)   

while that person was in the custody, or under the control or escort,

of prison officers or prisoner custody officers anywhere in the world.

4          

A death of a person at any immigration detention premises (other than

excepted premises or premises in Scotland) while being detained there

25

under the Immigration Act 1971 (c. 77) or under section 62 of the Nationality,

Immigration and Asylum Act 2002 (c. 41).

5          

A death of a person while in the custody, or under the control or escort, of

immigration custody officers anywhere in the world (other than at

immigration detention premises).

30

6          

A death of a person which the Commissioner is satisfied should be

investigated because it is or may be linked to events which have occurred—

(a)   

at any immigration detention premises (other than excepted

premises or premises in Scotland) while that person was being

detained there; or

35

(b)   

while that person was in the custody, or under the control or escort,

of immigration custody officers anywhere in the world (other than at

immigration detention premises).

 

 

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4

161

 

Schedule 9

Section 48

 

Consequential amendments relating to Part 4

Parliamentary Commissioner Act 1967 (c. 13)

1     (1)  

In subsection (2) of section 11 of the Parliamentary Commissioner Act 1967

(restrictions on disclosure of information) after paragraph (aa) insert—

5

“(ab)   

for the purposes of any consultation of the kind mentioned in

subsection (1) or (2) of section 42 of the Criminal Justice and

Immigration Act 2008;

(ac)   

for the purposes of any co-operation under subsection (3) of

that section;”.

10

      (2)  

After subsection (5) of that section insert—

“(6)   

Information which—

(a)   

is obtained from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

consultation of the kind mentioned in subsection (1) or (2) of

15

section 42 of the Criminal Justice and Immigration Act 2008

or for the purposes of any co-operation under subsection (3)

of that section, and

(b)   

is protected information within the meaning of section 44 of

that Act,

20

   

shall be treated for the purposes of subsection (2) of this section as

obtained in the course of an investigation under this Act; and, in

relation to such information, the reference in paragraph (a) of that

subsection to the investigation shall have effect as a reference to any

investigation.”

25

      (3)  

In Schedule 3 to that Act (matters not subject to investigation by the

Parliamentary Commissioner) after paragraph 12 insert—

“13        

Any matter which falls within the complaints or deaths remit of

Her Majesty’s Commissioner for Offender Management and

Prisons (within the meaning of Part 4 of the Criminal Justice and

30

Immigration Act 2008).”

      (4)  

Sub-paragraph (3) has no effect in relation to any matter which the

Parliamentary Commissioner for Administration has started to investigate

before the commencement of that sub-paragraph.

Local Government Act 1974 (c. 7)

35

2     (1)  

In subsection (2) of section 32 of the Local Government Act 1974 (restrictions

on disclosure of information) after paragraph (aa) insert—

“(ab)   

for the purposes of any consultation of the kind mentioned in

subsection (1) or (2) of section 42 of the Criminal Justice and

Immigration Act 2008, or

40

(ac)   

for the purposes of any co-operation under subsection (3) of

that section, or”.

      (2)  

After subsection (7) of that section insert—

“(8)   

Information which—

 

 

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4

162

 

(a)   

is obtained from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

consultation of the kind mentioned in subsection (1) or (2) of

section 42 of the Criminal Justice and Immigration Act 2008

or for the purposes of any co-operation under subsection (3)

5

of that section, and

(b)   

is protected information within the meaning of section 44 of

that Act,

   

shall be treated for the purposes of subsection (2) above as obtained

in the course of an investigation under this Part of this Act; and, in

10

relation to such information, the reference in subsection (2)(a) above

to the investigation shall have effect as a reference to any

investigation.”

Health Service Commissioners Act 1993 (c. 46)

3     (1)  

In subsection (1) of section 15 of the Health Service Commissioners Act 1993

15

(restrictions on disclosure of information) after paragraph (aa) insert—

“(ab)   

for the purposes of any consultation of the kind mentioned in

subsection (1) or (2) of section 42 of the Criminal Justice and

Immigration Act 2008;

(ac)   

for the purposes of any co-operation under subsection (3) of

20

that section;”.

      (2)  

After subsection (4) of that section insert—

“(5)   

Information which—

(a)   

is obtained from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

25

consultation of the kind mentioned in subsection (1) or (2) of

section 42 of the Criminal Justice and Immigration Act 2008

or for the purposes of any co-operation under subsection (3)

of that section, and

(b)   

is protected information within the meaning of section 44 of

30

that Act,

   

shall be treated for the purposes of subsections (1) and (2) as obtained

in the course of an investigation; and, in relation to such information,

the reference in subsection (1)(a) to the investigation shall have effect

as a reference to any investigation.”

35

Data Protection Act 1998 (c. 29)

4          

In section 31(4) of the Data Protection Act 1998 (exceptions to data protection

requirements for ombudsmen), after paragraph (a)(i) insert—

“(ia)   

Her Majesty’s Commissioner for Offender

Management and Prisons;”.

40

Care Standards Act 2000 (c. 14)

5          

In section 76 of the Care Standards Act 2000 (further functions of the

Children’s Commissioner for Wales) after subsection (3) insert—

“(3A)   

The Commissioner may give advice and information to Her

Majesty’s Commissioner for Offender Management and Prisons for

45

the purposes of—

 

 

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4

163

 

(a)   

any consultation of the kind mentioned in subsection (1) or

(2) of section 44 of the Criminal Justice and Immigration Act

2008; or

(b)   

any co-operation under subsection (3) of that section.”

Freedom of Information Act 2000 (c. 36)

5

6     (1)  

In section 76(1) of the Freedom of Information Act 2000 (disclosure of

information between Information Commissioner and ombudsmen) in the

Table at the appropriate place insert—

 

“Her Majesty’s

Part 4 of the Criminal Justice

 
 

Commissioner for Offender

and Immigration Act 2008.”

 

10

 

Management and Prisons.

  

      (2)  

In Part 6 of Schedule 1 to that Act (public authorities) at the appropriate

place insert “Her Majesty’s Commissioner for Offender Management and

Prisons”.

Scottish Public Services Ombudsman Act 2002 (asp 11)

15

7     (1)  

Section 19 of the Scottish Public Services Ombudsman Act 2002 (asp 11)

(restrictions on disclosure of information) is amended as follows.

      (2)  

In subsection (2), after paragraph (a) insert—

“(aa)   

the purposes of any consultation of the kind mentioned in

subsection (1) or (2) of section 42 of the Criminal Justice and

20

Immigration Act 2008;

(ab)   

the purposes of any co-operation under subsection (3) of that

section;”.

      (3)  

After subsection (8) insert—

“(8A)   

Information which—

25

(a)   

is obtained from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

consultation of the kind mentioned in subsection (1) or (2) of

section 42 of the Criminal Justice and Immigration Act 2008

or for the purposes of any co-operation under subsection (3)

30

of that section, and

(b)   

is protected information within the meaning of section 44 of

that Act,

   

shall be treated for the purposes of subsections (1) and (5) as obtained

in connection with any matter in respect of which a complaint or

35

request has been made.”

      (4)  

In subsection (9), for “such information” substitute “information within

subsection (8) or (8A)”.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

8     (1)  

Section 26 of the Public Services Ombudsman (Wales) Act 2005 (disclosure

40

of information) is amended as follows.

 

 

Criminal Justice and Immigration Bill
Schedule 10 — Controlling authorities

164

 

      (2)  

In subsection (1), after paragraph (ba) insert—

“(bb)   

protected information (within the meaning of section 44 of

the Criminal Justice and Immigration Act 2008) obtained

from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

5

consultation of the kind mentioned in section 42(1) or (2) of

that Act or for the purposes of any co-operation under section

42(3) of that Act;”.

      (3)  

In subsection (2), after paragraph (e) insert—

“(ea)   

for the purposes of any consultation of the kind mentioned in

10

subsection (1) or (2) of section 42 of the Criminal Justice and

Immigration Act 2008 or for the purposes of any co-operation

under subsection (3) of that section;”.

      (4)  

In subsection (6), for “or (b)” substitute “, (b) or (bb)”.

Schedule 10

15

Section 50

 

Controlling authorities

           

The Secretary of State.

           

Governors and directors of prisons, young offender institutions and secure

training centres.

           

Persons with whom the Secretary of State has made arrangements under

20

section 80 of the Criminal Justice Act 1991 (c. 53) or other relevant

contractors.

           

An independent monitoring board under section 6 of the Prison Act 1952

(c. 52).

           

The Youth Justice Board.

25

           

Local probation boards.

           

Organisations with which a local probation board has made arrangements

of the kind mentioned in section 5(2)(a) of the Criminal Justice and Court

Services Act 2000 (c. 43).

           

Providers of probation services whose arrangements under section 3(2) of

30

the Offender Management Act 2007 provide for them to be controlling

authorities for the purposes of this Part.

           

Persons with whom a provider of probation services has made

arrangements of the kind mentioned in section 3(3)(c)(i) of the Offender

Management Act 2007.

35

           

Managers of removal centres (within the meaning of Part 8 of the

Immigration and Asylum Act 1999 (c. 33)).

           

Managers of short-term holding facilities (within the meaning of Part 8 of the

Immigration and Asylum Act 1999).

           

Persons with whom the Secretary of State has made arrangements under

40

section 156 of the Immigration and Asylum Act 1999.

 

 

Criminal Justice and Immigration Bill
Schedule 11 — Alternatives to prosecution for persons under 18

165

 

           

A visiting committee under section 152 of the Immigration and Asylum Act

1999 (c. 33).

Schedule 11

Section 53

 

Alternatives to prosecution for persons under 18

1          

The Crime and Disorder Act 1998 (c. 37) has effect subject to the following

5

amendments.

2     (1)  

Section 65 (reprimands and warnings) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for paragraph (b) substitute—

“(b)   

the constable considers that there is sufficient

10

evidence to charge the offender with the offence;”,

(b)   

in paragraph (d), after “an offence” insert “or given a youth

conditional caution in respect of an offence”, and

(c)   

for paragraph (e) substitute “the constable does not consider that the

offender should be prosecuted or given a youth conditional caution.”

15

      (3)  

In subsection (3)(b) after “to be brought” insert “or a youth conditional

caution to be given”.

      (4)  

In subsection (6), in paragraph (a)(i) after “to be brought” insert “or a youth

conditional caution to be given”.

      (5)  

In subsection (7) for “In this section” substitute “In this Chapter”.

20

      (6)  

For subsection (8) (cautions not to be given to children or young persons)

substitute—

“(8)   

No caution, other than a youth conditional caution, shall be given to

a child or young person.”

3          

After section 66 insert—

25

“Youth conditional cautions

66A     

Youth conditional cautions for offenders aged 16 or 17

(1)   

An authorised person may give a youth conditional caution to a

young person aged 16 or 17 (“the offender”) if—

(a)   

the offender has not previously been convicted of an offence,

30

and

(b)   

each of the five requirements in section 66B is satisfied.

(2)   

In this Chapter, “youth conditional caution” means a caution which

is given in respect of an offence committed by the offender and

which has conditions attached to it with which the offender must

35

comply.

(3)   

The conditions which may be attached to such a caution are those

which have one or more of the following objects—

(a)   

facilitating the rehabilitation of the offender;

 

 

Criminal Justice and Immigration Bill
Schedule 11 — Alternatives to prosecution for persons under 18

166

 

(b)   

ensuring that the offender makes reparation for the offence;

(c)   

punishing the offender.

(4)   

The conditions that may be attached to a youth conditional caution

include—

(a)   

(subject to section 66C) a condition that the offender pay a

5

financial penalty;

(b)   

a condition that the offender attend at a specified place at

specified times.

   

“Specified” means specified by a relevant prosecutor.

(5)   

Conditions attached by virtue of subsection (4)(b) may not require

10

the offender to attend for more than 20 hours in total, not including

any attendance required by conditions attached for the purpose of

facilitating the offender’s rehabilitation.

(6)   

The Secretary of State may by order amend subsection (5) by

substituting a different figure.

15

(7)   

In this section, “authorised person” means—

(a)   

a constable,

(b)   

an investigating officer, or

(c)   

a person authorised by a relevant prosecutor for the purposes

of this section.

20

66B     

The five requirements

(1)   

The first requirement is that the authorised person has evidence that

the offender has committed an offence.

(2)   

The second requirement is that a relevant prosecutor decides—

(a)   

that there is sufficient evidence to charge the offender with

25

the offence, and

(b)   

that a youth conditional caution should be given to the

offender in respect of the offence.

(3)   

The third requirement is that the offender admits to the authorised

person that he committed the offence.

30

(4)   

The fourth requirement is that the authorised person explains the

effect of the youth conditional caution to the offender and warns him

that failure to comply with any of the conditions attached to the

caution may result in his being prosecuted for the offence.

(5)   

If the offender is aged 16, the explanation and warning mentioned in

35

subsection (4) must be given in the presence of an appropriate adult.

(6)   

The fifth requirement is that the offender signs a document which

contains—

(a)   

details of the offence,

(b)   

an admission by him that he committed the offence,

40

(c)   

his consent to being given the youth conditional caution, and

(d)   

the conditions attached to the caution.

 

 

 
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