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
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons
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48
Consequential amendments relating to Part 4
Schedule 9 makes consequential amendments relating to this Part.
49
The Prisons and Probation Ombudsman
(1)
The Prisons and Probation Ombudsman (“the Ombudsman”) has no power to
act in relation to—
5
(a)
any complaint made after commencement;
(b)
any death or other matter occurring after commencement;
(c)
any matter referred by the Secretary of State after commencement.
(2)
The Ombudsman shall continue to act (under the applicable terms of reference)
in relation to—
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(a)
any complaint made before commencement (“an existing complaint”),
(b)
any death occurring before commencement (“an existing death
investigation”), and
(c)
any other matter referred to the Commissioner by the Secretary of State
before commencement (“an existing referral investigation”),
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unless the complaint, death or matter is treated by the Commissioner as one to
be dealt with under this Part by virtue of subsection (4).
(3)
The Ombudsman may re-open a completed investigation into any death or
other matter referred by the Secretary of State (unless it has previously been re-
opened under section 35 or 37 by the Commissioner).
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(4)
The Commissioner may treat—
(a)
an existing complaint (so far as relating to matters within the
complaints remit) as an eligible complaint;
(b)
an existing death investigation (if it relates to a death that would fall
within the deaths remit if it occurred after commencement) as an
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investigation under section 35;
(c)
an existing referral investigation (so far as relating to matters that could
be the subject of a request under section 37) as an investigation under
section 37.
(5)
For the purposes of any complaint, death or matter which is to any extent dealt
30
with under this Part by virtue of subsection (4), things done by or in relation to
the Ombudsman shall be treated as having been done by or in relation to the
Commissioner.
(6)
In this section “commencement” means the commencement of this section.
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Interpretation of Part 4
35
(1)
In this Part—
“applicable premises” means a prison, a young offender institution, a
secure training centre or approved premises;
“the complaints remit” is to be construed in accordance with section 30(2);
“controlling authority” means—
40
(a)
a person listed in Schedule 10; or
(b)
any person of a description specified in an order made by the
Secretary of State;
“the deaths remit” is to be construed in accordance with section 35(2);

Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons
34

“document” includes information recorded in any form;
“eligible complaint” has the meaning given by section 30(1);
“excepted premises” means any premises of a description specified in an
order under subsection (2);
“events” includes any conduct or omission;
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“immigration custody officer” means—
(a)
a detainee custody officer;
(b)
an officer who is performing functions conferred under section
154(5) of the Immigration and Asylum Act 1999 (c. 33); or
(c)
an officer who is performing functions as a result of a contract
10
entered into under section 156(4)(b) of that Act;
“immigration detention premises” means premises which are the subject
of a direction under paragraph 18 of Schedule 2 to the Immigration Act
1971 (c. 77);
“prison officer” means an individual appointed to a post under section 7
15
of the Prison Act 1952 (c. 52);
“prisoner custody officer” means a person who is—
(a)
a prisoner custody officer within the meaning of Part 4 of the
Criminal Justice Act 1991 (c. 53); or
(b)
a custody officer within the meaning of Part 1 of the Criminal
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Justice and Public Order Act 1994 (c. 33);
“relevant contractor” has the same meaning as in section 13(9) of the
Offender Management Act 2007;
“the relevant person”, in relation to a complaint, has the meaning given by
section 30(10);
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“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30).
(2)
The Secretary of State may by order specify descriptions of immigration
detention premises which are to be excepted premises for the purposes of this
Part (or, if the order so provides, for the purposes of a specified provision of
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this Part).
(3)
In this Part references to the High Court are references—
(a)
in so far as this Part extends to Scotland, to the Court of Session; and
(b)
in so far as this Part extends to Northern Ireland, to the High Court of
Northern Ireland.
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(4)
References in this Part to a person being held at applicable premises mean, in
the case of approved premises, a person accommodated there in pursuance of
section 9(1) of the Criminal Justice and Court Services Act 2000 (c. 43).
(5)
In this section—
“approved premises” has the same meaning as in Part 1 of the Criminal
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Justice and Court Services Act 2000;
“detainee custody officer” has the same meaning as in Part 8 of the
Immigration and Asylum Act 1999;
“prison” has the same meaning as in the Prison Act 1952.
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Power to modify certain provisions of Part 4
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(1)
The Secretary of State may by order modify Schedule 7 so as to—
(a)
add a description of matter to that Schedule; or

Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons
35

(b)
amend or repeal any description of matter for the time being specified
there.
(2)
The power in subsection (1) may not be exercised so as to have the effect of
excluding any matters that fall within a description specified in Schedule 7
when this Act is passed.
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(3)
The Secretary of State may by order modify Schedule 8 so as to—
(a)
add a description of death; or
(b)
amend or repeal any description of death for the time being specified
there.
(4)
The power in subsection (3) may not be exercised so as to have the effect of
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excluding any deaths that fall within a description specified in Schedule 8
when this Act is passed.
(5)
The Secretary of State may by order modify subsection (3) of section 37 so as
to—
(a)
add a description of events; or
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(b)
amend or repeal any description of events for the time being specified
in that subsection.
(6)
The Secretary of State may by order modify section 44 so as to—
(a)
add an exception to subsection (3);
(b)
amend or repeal an exception for the time being specified in that
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subsection; or
(c)
specify further circumstances in which subsection (9) does not apply.
(7)
The power in subsection (6) may not be exercised so as to have the effect of
removing or limiting an exception contained in section 44(3)(a), (b) or (c) when
this Act is passed.
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(8)
An order under this section may make consequential provision (including
provision modifying any Act or subordinate legislation, whenever passed or
made).
(9)
Nothing in subsection (2), (4) or (7) prevents a power under this section being
used to remove any provision that is spent.
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Power to confer new functions on Commissioner
(1)
The Secretary of State may by order make provision (whether by amending
this Part or otherwise) for or in connection with—
(a)
the conferring of additional functions on the Commissioner;
(b)
the conferring of functions on the Secretary of State in relation to any
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additional function conferred on the Commissioner.
(2)
An order under this section may make consequential provision (including
provision modifying any Act or subordinate legislation, whenever passed or
made).

Criminal Justice and Immigration Bill
Part 5 — Other criminal justice provisions
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Part 5
Other criminal justice provisions
Alternatives to prosecution
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Alternatives to prosecution for offenders under 18
Schedule 11 amends the Crime and Disorder Act 1998 (c. 37)—
5
(a)
to make provision for the giving of youth conditional cautions to
offenders aged 16 and 17, and
(b)
to make minor amendments relating to reprimands and warnings
under section 65 of that Act.
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Protection for spent cautions under the Rehabilitation of Offenders Act 1974
10
(1)
Schedule 12 amends the Rehabilitation of Offenders Act 1974 (c. 53) so as to
provide for the protection of spent cautions.
(2)
The provisions of Schedule 12 (and this section) extend only to England and
Wales.
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Criminal conviction certificates and criminal record certificates
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(1)
Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended
as follows.
(2)
In section 112 (criminal conviction certificates)—
(a)
in the definition of “central records”, after “convictions” insert “and
conditional cautions”;
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(b)
after that definition insert—
““conditional caution” means a caution given under
section 22 of the Criminal Justice Act 2003 (c. 44) or
section 66A of the Crime and Disorder Act 1998, other
than one that is spent for the purposes of Schedule 2 to
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the Rehabilitation of Offenders Act 1974.”
(3)
In section 113A(6) (criminal record certificates)—
(a)
in the definition of “exempted question”, after “a question” insert
“which—
“(a)
so far as it applies to convictions, is a question”;
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(b)
in that definition, at the end insert “; and—
“(b)
so far as it applies to cautions, is a question to which
paragraph 3(3) or (4) of Schedule 2 to that Act has been
excluded by an order of the Secretary of State under
paragraph 4 of that Schedule;”;
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(c)
in the definition of “relevant matter”, after “caution” insert “, including
a caution that is spent for the purposes of Schedule 2 to that Act”.
(4)
This section extends to England and Wales only.