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 21 — Minor and consequential amendments
Part 2 — Other amendments
223

following it) insert—
“(aa)
a youth conditional caution within the meaning of
Chapter 1 of Part 4 of the Crime and Disorder Act
1998”; and
(b)
in paragraph (b), for “of the Crime and Disorder Act 1998” substitute
5
“of that Act”.
      (2)
In section 63B of that Act (testing for presence of Class A drugs) in
subsection (7) (disclosure of information obtained from drug samples) in
paragraph (aa) after “Criminal Justice Act 2003” insert “or a youth
conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act
10
1998”.
Criminal Justice Act 1988 (c. 33)
5
In section 160(1) of the Criminal Justice Act 1988 (offence of possession of
indecent photographs of children) for “Subject to subsection (1A),”
substitute “Subject to section 160A,”.
15
Criminal Justice (Evidence, Etc.) (Northern Ireland Order) 1988 (S.I. 1988/1847 (N.I. 17))
6
In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern Ireland)
Order 1988 (possession of indecent photographs of children) after “Article
2(2)” insert “, (2A)”.
Criminal Justice Act 1991 (c. 53)
20
7     (1)
The Criminal Justice Act 1991 is amended as follows.
      (2)
In section 44(6) (disapplication of certain provisions for prisoners serving
extended sentences) for “section 46” substitute “section 46(2)”.
      (3)
In section 46(3) (definition of persons liable to removal from the United
Kingdom) after “for the purposes of this section” insert “and the following
25
provisions of this Part”.
      (4)
In paragraph 10(3)(d) of Schedule 3 (reciprocal enforcement of certain
orders)—
(a)
for “references in paragraph 3 to a day centre were references to”
substitute “in paragraph 3 “day centre” meant”, and
30
(b)
at the end insert “or an attendance centre provided under section 221
of that Act”.
Crime and Disorder Act 1998 (c. 37)
8     (1)
Section 38(4) of the Crime and Disorder Act 1998 (which defines “youth
justice services” for the purposes of sections 38 to 41) is amended as follows.
35
      (2)
After paragraph (a) insert—
“(aa)
the provision of assistance to persons determining whether
reprimands or warnings should be given under section 65
below;”.
      (3)
After paragraph (b) insert—
40
“(ba)
the provision of assistance to persons determining whether
youth conditional cautions (within the meaning of Chapter 1

Criminal Justice and Immigration Bill
Schedule 21 — Minor and consequential amendments
Part 2 — Other amendments
224

of Part 4) should be given and which conditions to attach to
such cautions;
(bb)
the supervision and rehabilitation of persons to whom such
cautions are given;”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
5
9
In section 19(4) of the Powers of Criminal Courts (Sentencing) Act 2000
(making of referral orders: effect on other sentencing powers) after
paragraph (b) insert—
“(ba)
making an order under section 1(2A) of the Street Offences
Act 1959 in respect of the offender;”.
10
Criminal Justice and Court Services Act 2000 (c. 43)
10
In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of
the Chapter)—
(a)
in subsection (1A)(a) for “authorised persons to be given assistance
in” substitute “the giving of assistance to persons”, and
15
(b)
in subsection (4) for ““authorised person” and “conditional caution”
have” substitute ““conditional caution” has”.
Police Reform Act 2002 (c. 30)
11
In section 36(1) of the Police Reform Act 2002 (further provision which may
be made in regulations relating to disciplinary proceedings) omit paragraph
20
(c).
Sexual Offences Act 2003 (c. 42)
12    (1)
In section 133(1) of the Sexual Offences Act 2003 (interpretation) in
paragraph (a) of the definition of “cautioned”, omit the words “by a police
officer”.
25
      (2)
The repeal made by sub-paragraph (1) and the corresponding entry in Part
3 of Schedule 23 extend to England and Wales only.
Criminal Justice Act 2003 (c. 44)
13
The Criminal Justice Act 2003 has effect subject to the following
amendments.
30
14    (1)
Section 23A (financial penalties) is amended as follows.
      (2)
In subsection (5), for paragraphs (b) and (c) substitute—
“(b)
the person to whom the financial penalty is to be paid and
how it may be paid.”
      (3)
In subsection (6), for “to the specified officer” substitute “in accordance with
35
the provision specified under subsection (5)(b).”
      (4)
After subsection (6) insert—
“(6A)
Where a financial penalty is (in accordance with the provision
specified under subsection (5)(b)) paid to a person other than a

Criminal Justice and Immigration Bill
Schedule 21 — Minor and consequential amendments
Part 2 — Other amendments
225

designated officer for a local justice area, the person to whom it is
paid must give the payment to such an officer.”
      (5)
Omit subsections (7) to (9).
15
After section 23A insert—
“23B
Variation of conditions
5
A relevant prosecutor may, with the consent of the offender, vary the
conditions attached to a conditional caution by—
(a)
modifying or omitting any of the conditions;
(b)
adding a condition.”
16
In section 25 (codes of practice) in subsection (2) after paragraph (g) insert—
10
“(ga)
the provision which may be made by a relevant prosecutor
under section 23A(5)(b),”.
17
In Part 4 of Schedule 37, in the entry relating to the Magistrates’ Courts Act
1980, in the second column, omit the words “In section 33(1), paragraph (b)
and the word “and” immediately preceding it”.
15
Natural Environment and Rural Communities Act 2006 (c. 16)
18
In paragraph 7 of Schedule 5 to the Natural Environment and Rural
Communities Act 2006 (powers of wildlife inspectors extended to certain
other Acts) after paragraph (d) insert—
“(da)
section 19XB(1) and (4) (offences in connection with
20
enforcement powers);”.
Police and Justice Act 2006 (c. 48)
19    (1)
The Police and Justice Act 2006 is amended as follows.
      (2)
In subsection (1) of section 49 (orders and regulations)—
(a)
at the end of paragraph (a) insert “or”;
25
(b)
omit paragraph (c) and the “or” preceding it.
      (3)
In paragraph 30 of Schedule 1 (National Policing Improvement Agency:
inspections) omit sub-paragraph (3).
Offender Management Act 2007 (c. )
20
In section 1 of the Offender Management Act 2007 (meaning of “the
30
probation purposes”)—
(a)
in subsection (1)(b) for “authorised persons to be given assistance in”
substitute “the giving of assistance to persons”, and
(b)
in subsection (4) for ““authorised person” and “conditional caution”
have” substitute ““conditional caution” has”.
35

Criminal Justice and Immigration Bill
Schedule 22 — Transitory, transitional and saving provisions
Part 1 — Youth justice
226

Schedule 22
Section 124

Transitory, transitional and saving provisions
Part 1
Youth justice
Abolition of certain youth orders and related amendments
5
1     (1)
Section 1, subsections (1) and (2) of section 6, the amendments in Part 1 of
Schedule 4 and the repeals and revocations in Part 1 of Schedule 23 do not
have effect in relation to—
(a)
any offence committed before they come into force, or
(b)
any failure to comply with an order made in respect of an offence
10
committed before they come into force.
      (2)
So far as an amendment in Part 2 of Schedule 4 relates to any of the following
orders, the amendment has effect in relation to orders made before, as well
as after, the amendment comes into force—
(a)
a referral order made under the Powers of Criminal Courts
15
(Sentencing) Act 2000 (c. 6);
(b)
a reparation order made under that Act;
(c)
a community order made under section 177 of the Criminal Justice
Act 2003 (c. 44).
Reparation orders
20
2     (1)
Sub-paragraph (2) applies if the amendments of Schedule 8 to the Powers of
Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation
orders) made by paragraph 106(1) to (5) of Schedule 4 (reparation orders:
court before which offender to appear or be brought) come into force before
the amendments of Schedule 8 to that Act made by paragraph 62 of that
25
Schedule.
      (2)
After paragraph 106(1) to (5) of Schedule 4 comes into force, and until
paragraph 62 of that Schedule comes into force, paragraph 3 of Schedule 8 to
the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
(a)
in sub-paragraph (5)(a) and (c), for “the appropriate court” there
30
were substituted “a youth court”, and
(b)
in sub-paragraph (6), for “appropriate” there were substituted
“youth”.
      (3)
Sub-paragraph (4) applies if the amendments of Schedule 8 to the Powers of
Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation
35
orders) made by paragraph 62 of Schedule 4 come into force before the
amendments of Schedule 8 to that Act made by paragraph 106(1) to (5) of
that Schedule (reparation orders: court before which offender to appear or
be brought).
      (4)
After paragraph 62 of Schedule 4 comes into force, and until paragraph
40
106(1) to (5) of that Schedule comes into force, paragraph 1 of Schedule 8 to
the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
(a)
for “an action plan order or” there were substituted “a”, and
(b)
the words “69(8) or, as the case may be,” were omitted.

Criminal Justice and Immigration Bill
Schedule 22 — Transitory, transitional and saving provisions
Part 2 — Sentencing
227

Making of youth rehabilitation orders: other existing orders
3
In paragraph 28(3)(c) of Schedule 1 (requirements not to conflict with other
obligations), the reference to a youth rehabilitation order is to be read as
including a reference to any youth community order within the meaning of
section 147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect
5
immediately before the commencement of paragraph 72 of Schedule 4 to this
Act).
Instructions: other existing orders
4
In section 5(3)(c) (instructions not to conflict with other obligations), the
reference to a youth rehabilitation order is to be read as including a reference
10
to any youth community order within the meaning of section 147(2) of the
Criminal Justice Act 2003 (as it has effect immediately before the
commencement of paragraph 72 of Schedule 4 to this Act).
Fine default: section 35 of the Crime (Sentences) Act 1997
5
The amendments, repeals and revocations in section 6, Schedule 4 and Part
15
1 of Schedule 23 of provisions which are necessary to give effect to section
35 of the Crime (Sentences) Act 1997 (c. 43) (fine defaulters) do not have
effect in relation to a sum ordered to be paid where—
(a)
the sum is treated as adjudged to be paid on conviction, and
(b)
the act or omission to which the sum relates occurred, or the order
20
was made, before the commencement of those repeals and
amendments.
Attendance centre rules
6
The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules made under
subsection (1)(d) or (e) of section 222 of the Criminal Justice Act 2003
25
includes a reference to rules made, or having effect as if made, before the
coming into force of that section under section 62(3) of the Powers of
Criminal Courts (Sentencing) Act 2000 (c. 6) (provision, regulation and
management of attendance centres).
Part 2
30
Sentencing
Abolition of suspended sentences
7
If section 10 is to come into force before the day on which section 61 of the
Criminal Justice and Court Services Act 2000 (c. 43) (abolition of sentences of
detention in a young offender institution, custody for life, etc.) comes into
35
force (or fully into force) the provision that may be made by order under
section 124 includes provision modifying section 10 with respect to
sentences passed, or other things done, at any time before section 61 of that
Act comes into force (or fully into force).
8
Nothing in section 10 affects the power to suspend a sentence of
40
imprisonment under section 189(1) of the Criminal Justice Act 2003
(suspended sentences) in relation to a summary offence committed before
the commencement of section 10.

Criminal Justice and Immigration Bill
Schedule 22 — Transitory, transitional and saving provisions
Part 3 — Other criminal justice provisions
228

Fine defaulters
9     (1)
Section 23 and Schedule 5 do not apply—
(a)
in relation to a sum adjudged to be paid by a conviction if the offence
was committed before the commencement of that section, or
(b)
where a sum ordered to be paid is treated as adjudged to be paid by
5
a conviction, if the act or omission to which the sum relates occurred,
or the order was made, before the commencement of that section.
      (2)
Section 24 and paragraph 2(4) and (6) of Schedule 21 do not apply—
(a)
in relation to a sum adjudged to be paid by a conviction if the offence
was committed before the commencement of that section, or
10
(b)
where a sum ordered to be paid is treated as adjudged to be paid by
a conviction, if the act or omission to which the sum relates occurred,
or the order was made, before the commencement of that section.
Part 3
Other criminal justice provisions
15
Alternatives to prosecution for offenders under 18
10
The amendments made by Schedule 11 do not apply in relation to offences
that are committed wholly or partly before the commencement of section 53.
Protection for spent cautions under Rehabilitation of Offenders Act 1974
11
In the application of subsection (7) of section 9A of the Rehabilitation of
20
Offenders Act 1974 (c. 53) (as inserted by paragraph 4 of Schedule 12) to
offences committed before the commencement of section 281(5) of the
Criminal Justice Act 2003 (c. 44), the reference to 51 weeks is to be read as a
reference to 6 months.
Trial or sentencing in absence of accused in magistrates’ court
25
12
Section 29(5) of the Criminal Justice Act 2003 (references to information or
summons to include references to written charge or requisition) shall
continue to apply to section 11 of the Magistrates’ Courts Act 1980 (c. 43) as
amended by section 57.
Extension of powers of non-legal staff
30
13
A designation made under section 7A of the Prosecution of Offences Act
1985 (c. 23) (powers of non-legal staff) which has effect immediately before
the date on which section 58 comes into force continues to have effect on and
after that date as if made under section 7A as amended by that section.
Compensation for miscarriages of justice
35
14    (1)
Section 62(3) has effect in relation to any application for compensation made
in relation to—
(a)
a conviction which is reversed, and
(b)
a pardon which is given,

on or after the commencement date.
40

Criminal Justice and Immigration Bill
Schedule 22 — Transitory, transitional and saving provisions
Part 4 — Criminal law
229

      (2)
Section 62(4), (6) and (7) have effect in relation to—
(a)
any application for compensation made on or after the
commencement date, and
(b)
any application for compensation made before that date in relation
to which the question whether there is a right to compensation has
5
not been determined before that date by the Secretary of State under
section 133(3) of the 1988 Act.
      (3)
Section 62(5) has effect in relation to any conviction quashed on an appeal
out of time in respect of which an application for compensation has not been
made before the commencement date.
10
      (4)
Section 62(5) so has effect whether a conviction was quashed before, on or
after the commencement date.
      (5)
In the case of—
(a)
a conviction which is reversed, or
(b)
a pardon which is given,
15

before the commencement date but in relation to which an application for
compensation has not been made before that date, any such application
must be made before the end of the period of 2 years beginning with that
date.
      (6)
But the Secretary of State may direct that an application for compensation in
20
relation to a case falling within sub-paragraph (5) which is made after the
end of that period is to be treated as if it had been made before the end of
that period if the Secretary of State considers that there are exceptional
circumstances which justify doing so.
      (7)
In this paragraph—
25
“the 1988 Act” means the Criminal Justice Act 1988 (c. 33);
“application for compensation” means an application for compensation
made under section 133(2) of the 1988 Act;
“the commencement date” means the date on which section 62 comes
into force;
30
“reversed” has the same meaning as in section 133 of the 1988 Act (as
amended by section 62(5)).
Part 4
Criminal law
Penalties for possession of extreme pornographic images
35
15
In section 67(4)(a) the reference to 12 months is to be read as a reference to 6
months in relation to an offence committed before the commencement of
section 154(1) of the Criminal Justice Act 2003 (c. 44).
Indecent photographs of children
16    (1)
Section 68(3) applies in relation to things done as mentioned in—
40
(a)
section 1(1) of the Protection of Children Act 1978 (c. 37) (offences
relating to indecent photographs of children), or
(b)
section 160(1) of the Criminal Justice Act 1988 (offence of possession
of indecent photographs of children),