Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 16 — Grounds for refusal to enforce financial penalties
Part 1 — The grounds for refusal
188

(b)
after subsection (4B) insert—
“(4C)
In the case of an offence under subsection (1) or (2) above in
connection with a prohibition or restriction relating to the
importation, exportation or shipment as stores of nuclear
material, subsection (3)(b) above shall have effect as if for the
5
words “7 years” there were substituted the words “14
years”.”
9     (1)
Her Majesty may by Order in Council provide for any provisions of section
1, 50, 68 or 170 of the Customs and Excise Management Act 1979 (c. 2) as
amended by paragraph 8 to extend, with or without modifications, to any of
10
the Channel Islands, the Isle of Man or any British overseas territory.
      (2)
Section 123(2) applies in relation to an Order in Council under sub-
paragraph (1) as it applies in relation to an order made by the Secretary of
State.
Schedule 16
15
Section 80(1)

Grounds for refusal to enforce financial penalties
Part 1
The grounds for refusal
1
A penalty (of any kind) has been imposed on the offender in respect of the
conduct to which the certificate relates under the law of any part of the
20
United Kingdom (whether or not the penalty has been enforced).
2
A penalty (of any kind) has been imposed on the offender in respect of that
conduct under the law of any member State, other than the United Kingdom
and the issuing State, and that penalty has been enforced.
3
The decision was made in respect of conduct—
25
(a)
that is not specified in Part 2 of this Schedule, and
(b)
would not constitute an offence under the law of England and Wales
if it occurred in England and Wales.
4
The decision was made in respect of conduct—
(a)
that occurred outside the territory of the issuing State, and
30
(b)
would not constitute an offence under the law of England and Wales
if it occurred outside England and Wales.
5
The decision was made in respect of conduct that took place when the
offender was under the age of 10.
6
The certificate does not confirm that—
35
(a)
if the proceedings in which the decision was made were conducted
in writing, the offender was informed of the right to contest the
proceedings and of the time limits that applied to the exercise of that
right;
(b)
if those proceedings provided for a hearing to take place and the
40
offender did not attend, the offender was informed of the
proceedings or indicated an intention not to contest them.

Criminal Justice and Immigration Bill
Schedule 16 — Grounds for refusal to enforce financial penalties
Part 2 — European framework list (financial penalties)
189

7     (1)
The financial penalty is for an amount less than 70 euros.
      (2)
For the purpose of determining whether a financial penalty specified in a
currency other than the euro is less than 70 euros, the magistrates’ court
must use the exchange rate prevailing on the date on which the decision was
made.
5
      (3)
The Lord Chancellor may by order substitute a different amount for the
amount for the time being specified in sub-paragraphs (1) and (2).
Part 2
European framework list (financial penalties)

Participation in a criminal organisation.
10

Terrorism.

Trafficking in human beings.

Sexual exploitation of children and child pornography.

Illicit trafficking in narcotic drugs and psychotropic substances.

Illicit trafficking in weapons, munitions and explosives.
15

Corruption.

Fraud, including that affecting the financial interests of the European
Communities within the meaning of the Convention of 26 July 1995 on the
protection of the European Communities' financial interests.

Laundering of the proceeds of crime.
20

Counterfeiting currency, including of the euro.

Computer-related crime.

Environmental crime, including illicit trafficking in endangered animal
species and in endangered plant species and varieties.

Facilitation of unauthorised entry and residence.
25

Murder, grievous bodily injury.

Illicit trade in human organs and tissue.

Kidnapping, illegal restraint and hostage-taking.

Racism and xenophobia.

Organised or armed robbery.
30

Illicit trafficking in cultural goods, including antiques and works of art.

Swindling.

Racketeering and extortion.

Counterfeiting and piracy of products.

Forgery of administrative documents and trafficking therein.
35

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
190


Forgery of means of payment.

Illicit trafficking in hormonal substances and other growth promoters.

Illicit trafficking in nuclear or radioactive materials.

Trafficking in stolen vehicles.

Rape.
5

Arson.

Crimes within the jurisdiction of the International Criminal Court.

Unlawful seizure of aircraft or ships.

Sabotage.

Conduct which infringes road traffic regulations, including breaches of
10
regulations pertaining to driving hours and rest periods and regulations on
hazardous goods.

Smuggling of goods.

Infringement of intellectual property rights.

Threats and acts of violence against persons, including violence during sport
15
events.

Criminal damage.

Theft.

Offences created by the issuing State and serving the purpose of
implementing obligations arising from instruments adopted under the
20
treaty establishing the European Community or under Title VI of the Treaty
on European Union.
Part 3
Interpretation
1     (1)
Any expression used in this Schedule and section 78 has the same meaning
25
in this Schedule as in that section.
      (2)
In this Schedule—
(a)
“issuing State” means the member State by whose central authority
or competent authority the Lord Chancellor is given the certificate;
(b)
“offender” means the person required to pay the financial penalty.
30
Schedule 17
Section 103

Closure orders: premises associated with persistent disorder or nuisance

After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
191

drugs used unlawfully) insert the following Part.
“Part 1A
Premises associated with persistent disorder or nuisance
11A
Part 1A closure notice
(1)
This section applies to premises if a police officer not below the rank
5
of superintendent (“the authorising officer”) or the local authority
has reasonable grounds for believing—
(a)
that at any time during the relevant period a person has
engaged in anti-social behaviour on the premises, and
(b)
that the use of the premises is associated with significant and
10
persistent disorder or persistent serious nuisance to members
of the public.
(2)
The authorising officer may authorise the issue of a Part 1A closure
notice in respect of the premises if the officer is satisfied—
(a)
that the local authority has been consulted; and
15
(b)
that reasonable steps have been taken to establish the identity
of any person who lives on the premises or who has control
of or responsibility for, or an interest in, the premises.
(3)
The local authority may authorise the issue of a Part 1A closure
notice in respect of the premises if it is satisfied—
20
(a)
that the appropriate chief officer has been consulted; and
(b)
that reasonable steps have been taken to establish the identity
of any person who lives on the premises or who has control
of or responsibility for, or an interest in, the premises.
(4)
An authorisation under subsection (2) or (3) may be given orally or
25
in writing, but if it is given orally the authorising officer or local
authority (as the case may be) must confirm it in writing as soon as it
is practicable.
(5)
A Part 1A closure notice must—
(a)
give notice that an application will be made under
30
section 11B for the closure of the premises;
(b)
state that access to the premises by any person other than a
person who habitually resides in the premises or the owner
of the premises is prohibited;
(c)
specify the date and time when, and the place at which, the
35
application will be heard;
(d)
explain the effects of an order made in pursuance of
section 11B;
(e)
state that failure to comply with the notice amounts to an
offence; and
40
(f)
give information about relevant advice providers.
(6)
A Part 1A closure notice must be served by—
(a)
a constable if its issue was authorised by the authorising
officer, or
(b)
an employee of the local authority if its issue was authorised
45
by the authority.

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
192

(7)
Service is effected by—
(a)
fixing a copy of the notice to at least one prominent place on
the premises,
(b)
fixing a copy of the notice to each normal means of access to
the premises,
5
(c)
fixing a copy of the notice to any outbuildings which appear
to the server of the notice to be used with or as part of the
premises,
(d)
giving a copy of the notice to at least one person who appears
to the server of the notice to have control of or responsibility
10
for the premises, and
(e)
giving a copy of the notice to the persons identified in
pursuance of subsection (2)(b) or (3)(b) (as the case may be)
and to any other person appearing to the server of the notice
to be a person of a description mentioned in that provision.
15
(8)
The Part 1A closure notice must also be served on any person who
occupies any other part of the building or other structure in which
the premises are situated if the server of the notice reasonably
believes, at the time of serving the notice under subsection (7), that
the person’s access to the other part of the building or structure will
20
be impeded if a Part 1A closure order is made under section 11B.
(9)
A person acting under subsection (7) may enter any premises, using
reasonable force if necessary, for the purposes of complying with
subsection (7)(a).
(10)
The Secretary of State may by regulations specify premises or
25
descriptions of premises to which this section does not apply.
(11)
In this section—
“information about relevant advice providers” means
information about the names of, and means of contacting,
persons and organisations in the area that provide advice
30
about housing and legal matters;
“the relevant period” means the period of 3 months ending with
the day on which the authorising officer or the local authority
(as the case may be) considers whether to authorise the issue
of a Part 1A closure notice in respect of the premises.
35
11B
Part 1A closure order
(1)
If a Part 1A closure notice has been issued under section 11A an
application must be made under this section to a magistrates’ court
for the making of a Part 1A closure order.
(2)
An application under subsection (1) must be made by—
40
(a)
a constable if the issue of the Part 1A closure notice was
authorised by the authorising officer, or
(b)
the local authority if the issue of the Part 1A closure notice
was authorised by the authority.
(3)
The application must be heard by the magistrates’ court not later
45
than 48 hours after the notice was served in pursuance of section
11A(7)(a).

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
193

(4)
The magistrates’ court may make a Part 1A closure order if and only
if it is satisfied that each of the following paragraphs applies—
(a)
a person has engaged in anti-social behaviour on the
premises in respect of which the Part 1A closure notice was
issued;
5
(b)
the use of the premises is associated with significant and
persistent disorder or persistent serious nuisance to members
of the public;
(c)
the making of the order is necessary to prevent the
occurrence of such disorder or nuisance for the period
10
specified in the order.
(5)
A Part 1A closure order is an order that the premises in respect of
which the order is made are closed to all persons for such period (not
exceeding 3 months) as is specified in the order.
(6)
But the order may include such provision as the court thinks
15
appropriate relating to access to any part of the building or structure
of which the premises form part.
(7)
The magistrates’ court may adjourn the hearing on the application
for a period of not more than 14 days to enable—
(a)
the occupier of the premises,
20
(b)
the person who has control of or responsibility for the
premises, or
(c)
any other person with an interest in the premises,

to show why a Part 1A closure order should not be made.
(8)
If the magistrates’ court adjourns the hearing under subsection (7) it
25
may order that the Part 1A closure notice continues in effect until the
end of the period of the adjournment.
(9)
A Part 1A closure order may be made in respect of the whole or any
part of the premises in respect of which the Part 1A closure notice
was issued.
30
11C
Part 1A closure order: enforcement
(1)
This section applies if a magistrates’ court makes an order under
section 11B.
(2)
A relevant person may—
(a)
enter the premises in respect of which the order is made;
35
(b)
do anything reasonably necessary to secure the premises
against entry by any person.
(3)
A person acting under subsection (2) may use reasonable force.
(4)
But a relevant person seeking to enter the premises for the purposes
of subsection (2) must, if required to do so by or on behalf of the
40
owner, occupier or other person in charge of the premises, produce
evidence of his identity and authority before entering the premises.
(5)
A relevant person may also enter the premises at any time while the
order has effect for the purpose of carrying out essential maintenance
of or repairs to the premises.
45
(6)
In this section “a relevant person”—

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
194

(a)
in relation to premises in respect of which a police Part 1A
closure order has effect, means a constable or a person
authorised by the appropriate chief officer;
(b)
in relation to premises in respect of which a local authority
Part 1A closure order has effect, means a person authorised
5
by the local authority.
11D
Closure of premises associated with persistent disorder or nuisance:
offences
(1)
A person who remains on or enters premises in contravention of a
Part 1A closure notice commits an offence.
10
(2)
A person who—
(a)
obstructs a person acting under section 11A(7) or 11C(2),
(b)
remains on closed premises, or
(c)
enters closed premises,

commits an offence.
15
(3)
A person guilty of an offence under this section is liable on summary
conviction—
(a)
to imprisonment for a period not exceeding 51 weeks, or
(b)
to a fine not exceeding level 5 on the standard scale,

or to both.
20
(4)
A person who has a reasonable excuse for entering or being on the
premises does not commit an offence under subsection (1) or (2)(b)
or (c) (as the case may be).
(5)
In relation to an offence committed before the commencement of
section 281(5) of the Criminal Justice Act 2003, the reference in
25
subsection (3)(a) to 51 weeks is to be read as a reference to 6 months.
11E
Part 1A closure order: extension and discharge
(1)
At any time before the end of the period for which a Part 1A closure
order is made or extended, a complaint may be made by—
(a)
a constable if the order is a police Part 1A closure order, or
30
(b)
the local authority if the order is a local authority Part 1A
closure order,

to a justice of the peace for an extension or further extension of the
period for which the order has effect.
(2)
A complaint may not be made under subsection (1) in relation to a
35
police Part 1A closure order unless the complaint is authorised by a
police officer not below the rank of superintendent—
(a)
who has reasonable grounds for believing that it is necessary
to extend the period for which the order has effect for the
purpose of preventing the occurrence of significant and
40
persistent disorder or persistent serious nuisance to members
of the public, and
(b)
who is satisfied that the local authority has been consulted
about the intention to make the complaint.
(3)
A complaint may not be made under subsection (1) in relation to a
45
local authority Part 1A closure order unless the local authority—