Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 2 — Sentencing
17

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Youth default orders
(1)
Subsection (2) applies in any case where, in respect of a person aged under 18,
a magistrates’ court would, but for section 89 of the Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6) (restrictions on custodial sentences), have power to
issue a warrant of commitment for default in paying a sum adjudged to be paid
5
by a conviction (other than a sum ordered to be paid under section 6 of the
Proceeds of Crime Act 2002 (c. 29)).
(2)
The magistrates’ court may, instead of proceeding under section 81 of the
Magistrates’ Courts Act 1980 (enforcement of fines imposed on young
offender), order the person in default to comply with—
10
(a)
in the case of a person aged 16 or 17, an unpaid work requirement (see
paragraph 10 of Schedule 1),
(b)
an attendance centre requirement (see paragraph 12 of that Schedule),
or
(c)
a curfew requirement (see paragraph 14 of that Schedule).
15
(3)
In this section (and Schedule 5) “youth default order” means an order under
subsection (2).
(4)
Section 1(2) and paragraph 2 of Schedule 1 (power or requirement to impose
electronic monitoring requirement) have effect in relation to a youth default
order as they have effect in relation to a youth rehabilitation order.
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(5)
Where a magistrates’ court has power to make a youth default order, it may, if
it thinks it expedient to do so, postpone the making of the order until such time
and on such conditions (if any) as it thinks just.
(6)
The following provisions have effect in relation to youth default orders as they
have effect in relation to youth rehabilitation orders, but subject to the
25
modifications contained in Schedule 5—
(a)
sections 4, 5 and 7,
(b)
paragraphs 1, 10, 12, 14, 25, 26, 28, 32 and 33 of Schedule 1 (youth
rehabilitation orders: further provisions),
(c)
Schedule 2 (breach, revocation or amendment of youth rehabilitation
30
orders), and
(d)
Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland).
(7)
Where a youth default order has been made for default in paying any sum—
(a)
on payment of the whole sum to any person authorised to receive it, the
order ceases to have effect, and
35
(b)
on payment of a part of the sum to any such person, the total number
of hours or days to which the order relates is to be taken to be reduced
by a proportion corresponding to that which the part paid bears to the
whole sum.
(8)
In calculating any reduction required by subsection (7)(b), any fraction of a day
40
or hour is to be disregarded.
24
Power to impose attendance centre requirement on fine defaulter
(1)
Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid
work requirement or curfew requirement on fine defaulter) is amended as
follows.
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Criminal Justice and Immigration Bill
Part 2 — Sentencing
18

(2)
In the heading for “or curfew requirement” substitute “curfew requirement or
attendance centre requirement”.
(3)
In subsection (2), at the end of paragraph (b) insert “, or
(c)
in a case where the person is aged under 25, an attendance
centre requirement (as defined by section 214)”.
5
25
Disclosure of information for enforcing fines
(1)
Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings
orders and applications for benefit deductions) is amended as follows.
(2)
After paragraph 9 insert—
“Disclosure of information in connection with application for benefit deductions
10
9A    (1)
The designated officer for a magistrates’ court may make an
information request to the Secretary of State for the purpose of
facilitating the making of a decision by the court as to whether it is
practicable or appropriate to make an application for benefit
deductions in respect of P.
15
      (2)
An information request is a request for the disclosure of some or all
of the following information—
(a)
P’s full name;
(b)
P’s address (or any of P’s addresses);
(c)
P’s date of birth;
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(d)
P’s national insurance number;
(e)
P’s benefit status.
      (3)
On receiving an information request, the Secretary of State may
disclose the information requested to—
(a)
the officer who made the request, or
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(b)
a justices’ clerk specified in the request.
Restrictions on disclosure
9B    (1)
A person to whom information is disclosed under paragraph 9A(3),
or this sub-paragraph, may disclose the information to any person to
whom its disclosure is necessary or expedient in connection with
30
facilitating the making of a decision by the court as to whether it is
practicable or appropriate to make an application for benefit
deductions in respect of P.
      (2)
A person to whom such information is disclosed commits an offence
if the person—
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(a)
discloses or uses the information, and
(b)
the disclosure is not authorised by sub-paragraph (1) or (as
the case may be) the use is not for the purpose of facilitating
the making of such a decision as is mentioned in that sub-
paragraph.
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      (3)
But it is not an offence under sub-paragraph (2)—

Criminal Justice and Immigration Bill
Part 3 — Appeals
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(a)
to disclose any information in accordance with any
enactment or order of a court or for the purposes of any
proceedings before a court; or
(b)
to disclose any information which has previously been
lawfully disclosed to the public.
5
      (4)
It is a defence for a person charged with an offence under sub-
paragraph (2) to prove that the person reasonably believed that the
disclosure or use was lawful.
      (5)
A person guilty of an offence under sub-paragraph (2) is liable on
summary conviction to a fine not exceeding level 4 on the standard
10
scale.
Paragraphs 9A and 9B: supplementary
9C    (1)
This paragraph applies for the purposes of paragraphs 9A and 9B.
      (2)
“Benefit status”, in relation to P, means whether or not P is in receipt
of any prescribed benefit or benefits and, if so (in the case of each
15
benefit)—
(a)
which benefit it is,
(b)
where it is already subject to deductions under any
enactment, the nature of the deductions concerned, and
(c)
the amount received by P by way of the benefit, after
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allowing for any such deductions.
      (3)
“Information” means information held in any form.
      (4)
“Prescribed” means prescribed by regulations made by the Lord
Chancellor.
      (5)
Nothing in paragraph 9A or 9B authorises the making of a disclosure
25
which contravenes the Data Protection Act 1998.”
Part 3
Appeals
26
Appeals against conviction
(1)
The Criminal Appeal Act 1968 (c. 19) is amended as follows.
30
(2)
In section 2 (grounds for allowing an appeal against conviction) after
subsection (1) insert—
“(1A)
For the purposes of subsection (1)(a), a conviction is not unsafe if the
Court of Appeal are satisfied that the appellant is guilty of the offence.
(1B)
Subsection (1A) does not prevent the Court of Appeal from allowing an
35
appeal against conviction where they think that it would be
incompatible with the appellant’s Convention rights to dismiss the
appeal.”
(3)
In section 23 (evidence)—
(a)
in subsection (2)(b) after “allowing” insert “or dismissing”, and
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Criminal Justice and Immigration Bill
Part 3 — Appeals
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(b)
in subsection (2)(c) for “which is the subject of the appeal” substitute
“which is relevant to the determination of the appeal”.
(4)
Before section 31 (but after the cross-heading preceding it) insert—
“30A
Evidence given after close of prosecution case
In determining an appeal against conviction, the Court of Appeal shall
5
not disregard any evidence solely on the ground that it was given after
the judge at the appellant’s trial wrongly permitted the trial to continue
after the close of the evidence for the prosecution.”
(5)
After section 30A (as inserted by subsection (4) above) insert—
“30B
Referral of serious misconduct to Attorney General
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If it appears to the Court of Appeal, in determining an appeal under
this Part, that there has been serious misconduct by any person
involved in the investigation or prosecution of the offence the Court
may refer the matter to the Attorney General.”
27
Determination of prosecution appeals
15
In section 61 of the Criminal Justice Act 2003 (c. 44) (determination of
prosecution appeal by Court of Appeal) for subsection (5) substitute—
“(5)
But the Court of Appeal may not make an order under subsection (4)(c)
in respect of an offence unless it considers that the defendant could not
receive a fair trial if an order were made under subsection (4)(a) or (b).”
20
28
Review of sentence on reference by Attorney General
In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) for
subsection (3A) substitute—
“(3A)
Where a reference under this section relates to an order specified in
subsection (3B), the Court of Appeal shall not, in deciding what order
25
under that section is appropriate for the case, make any allowance for
the fact that the person to whom it relates is being sentenced for a
second time.
(3B)
The orders specified in this subsection are—
(a)
an order under section 269(2) of the Criminal Justice Act 2003
30
(determination of minimum term in relation to mandatory life
sentence);
(b)
an order under section 82A(2) of the Powers of Criminal Courts
(Sentencing) Act 2000 (determination of minimum term in
relation to discretionary life sentences and certain other
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sentences).”

Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons
21

Part 4
Her Majesty’s Commissioner for Offender Management and Prisons
The Commissioner
29
Appointment etc. of Commissioner
(1)
There shall be a Commissioner, to be known as Her Majesty’s Commissioner
5
for Offender Management and Prisons (referred to in this Part as “the
Commissioner”).
(2)
The main functions of the Commissioner are—
(a)
dealing with eligible complaints (see sections 30 to 34);
(b)
investigating deaths within the deaths remit (see sections 35 and 36);
10
(c)
carrying out other investigations at the request of the Secretary of State
(see sections 37 and 38).
(3)
The functions of the Commissioner are performed on behalf of the Crown.
(4)
The Secretary of State shall pay such sums towards the expenses of the Commissioner
as the Secretary of State may determine.
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(5)
Schedule 6 makes further provision about the Commissioner.
Complaints
30
Eligible complaints: general
(1)
A complaint is eligible for the purposes of this Part if—
(a)
it is about a matter within the complaints remit;
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(b)
it is not ineligible by virtue of section 31; and
(c)
it is made to the Commissioner by a person entitled to make it;

but subject to section 31 it is immaterial when the matter in question arose.
(2)
A matter is within the complaints remit if it is of a description specified in Part
1 of Schedule 7 and is not an excluded matter.
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(3)
In subsection (2) “excluded matter” means—
(a)
a matter specified under subsection (4); or
(b)
a matter to which subsection (5) applies.
(4)
The Secretary of State may by order specify matters that are to be excluded
matters for the purposes of subsection (2).
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The matters so specified may (without prejudice to the generality of the power)
include complaints relating to events occurring at any description of applicable
premises specified in the order.
(5)
This subsection applies to any matter which has been determined—
(a)
by a court (whether at a trial or otherwise);
35
(b)
by a tribunal specified in Schedule 1 to the Tribunals and Inquiries Act
1992 (c. 53); or
(c)
by the Parole Board.

Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons
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(6)
Nothing in subsection (5) affects the eligibility of a complaint about the
conduct of a person in connection with the provision of a report for a court or
tribunal or for the Parole Board.
(7)
An order under subsection (4) may make consequential provision (including
provision modifying any Act or subordinate legislation, whenever passed or
5
made).
(8)
It is for the Commissioner to determine procedures for the making of
complaints (but they must not preclude the making of oral complaints).
(9)
A person is entitled to make a complaint if that person—
(a)
is the relevant person in relation to the complaint; or
10
(b)
where the relevant person is dead or unable to act, appears to the
Commissioner to be an appropriate person to make the complaint.
(10)
In this Part “the relevant person”, in relation to a complaint about a matter
within the complaints remit, is the person mentioned in the relevant paragraph
of Schedule 7 as having been affected by that matter.
15
31
Eligible complaints: specific requirements applicable to all complaints
(1)
Subject to subsection (3), a complaint is ineligible if the Commissioner is
satisfied that any of the requirements specified in subsection (2) has not been
met.
(2)
Those requirements are—
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(a)
that a period of no more than one year has passed since the relevant
person first became aware of the matters giving rise to the substance of
the complaint;
(b)
that the substance of the complaint has been communicated to the
responsible authority and it has had a reasonable opportunity to deal
25
with it; and
(c)
where the responsible authority has responded to the substance of the
complaint following such a communication (whether by rejecting it or
by addressing it in some other way), that a period of no more than three
months has passed since it did so.
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(3)
But the Commissioner may—
(a)
waive any requirement specified in subsection (2), or
(b)
extend any period so specified,

if satisfied that there is good reason why that requirement or period should be
waived or extended in relation to the complaint.
35
(4)
In this section “the responsible authority”, in relation to a complaint, means the
controlling authority appearing to the Commissioner to have the most direct
responsibility for the matters covered by the complaint.
32
Treatment by Commissioner of complaints
(1)
This section applies where a complaint is made to the Commissioner.
40
(2)
The Commissioner shall—
(a)
consider the eligibility of the complaint, and
(b)
unless it is rejected as being ineligible, take appropriate action to deal
with the complaint.

Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons
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(3)
The action which may be taken by the Commissioner to deal with the
complaint is—
(a)
investigating the complaint, or
(b)
taking, or facilitating the taking by another person of, any other action
(such as mediation or conciliation) which the Commissioner considers
5
may result in the resolution of the complaint,

or any combination of the actions mentioned in paragraphs (a) and (b).
(4)
The Commissioner may reject a complaint as being ineligible at any time before
it appears to the Commissioner to have been fully dealt with.
(5)
The Commissioner may—
10
(a)
decline to take, defer or stop taking, action to deal with the whole or
any part of the complaint;
(b)
after exercising a power under paragraph (a), decide to re-open (and
take action to deal with) the whole or any part of the complaint, but
only if it appears to the Commissioner that the complaint or the part
15
concerned is or might be eligible; and
(c)
after rejecting the complaint, decide to re-open (and take action to deal
with) the whole or any part of the complaint, but only if it appears to
the Commissioner that the complaint or the part concerned is or might
be eligible.
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(6)
The Commissioner shall exercise the power to decline to take or to stop taking
action to deal with any part of the complaint that the Commissioner decides is
ineligible.
(7)
If the Commissioner decides—
(a)
to reject the complaint,
25
(b)
to take any step mentioned in subsection (5)(a), (b) or (c),

the Commissioner shall notify the complainant (with a brief statement of the
reasons for the decision) and may notify such other persons as the
Commissioner thinks fit.
(8)
Notification under subsection (7) may be given orally.
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(9)
If the complainant has died or is unable to act, the reference in subsection (7) to
the complainant is to be read as a reference to the person who appears to the
Commissioner to be the most appropriate person to receive the notification.
(10)
Subject to the provisions of this section, it is for the Commissioner to determine
the procedures applicable to anything which is to be done in relation to the
35
complaint.
33
Report on the outcome of an investigation
(1)
If a complaint has been investigated or otherwise dealt with, the
Commissioner—
(a)
shall make a report on the outcome to the complainant; and
40
(b)
may make a report on that outcome to any other person.
(2)
The Commissioner may—
(a)
make a report orally;
(b)
make different reports to different persons;
(c)
show any person a draft of the whole or any part of a report;
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