|
| |
|
(b) | any documents and information relating to the case that it |
| |
considers likely to be of assistance to that court in the exercise of |
| |
any functions in relation to the order. |
| |
(10) | An order under section 1(2A) (other than an order that is revoked |
| |
under section 1(2C) or under the Schedule to this Act) ceases to be in |
| 5 |
| |
(a) | at the end of the day on which the supervisor notifies the court |
| |
that the order has been complied with, or |
| |
(b) | at the end of the day specified in the order under subsection |
| |
| 10 |
| |
(11) | The Schedule to this Act (which relates to failure to comply with orders |
| |
under section 1(2A) and to the revocation or amendment of such |
| |
| |
(4) | At the end of the Act insert the Schedule set out in Schedule 14 to this Act. |
| 15 |
73 | Rehabilitation of offenders: orders under section 1(2A) of the Street Offences |
| |
| |
(1) | The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows. |
| |
(2) | In section 5 (rehabilitation periods for particular sentences) after subsection |
| |
| 20 |
“(4D) | The rehabilitation period applicable to an order under section 1(2A) of |
| |
the Street Offences Act 1959 shall be six months from the date of |
| |
conviction for the offence in respect of which the order is made.” |
| |
(3) | In section 6 of that Act (the rehabilitation period applicable to a conviction) |
| |
after subsection (3) insert— |
| 25 |
“(3A) | Without prejudice to subsection (2), where— |
| |
(a) | an order is made under section 1(2A) of the Street Offences Act |
| |
1959 in respect of a conviction, |
| |
(b) | after the end of the rehabilitation period applicable to the |
| |
conviction the offender is dealt with again for the offence for |
| 30 |
which that order was made, and |
| |
(c) | the rehabilitation period applicable to the conviction in |
| |
accordance with subsection (2) (taking into account any |
| |
sentence imposed when so dealing with the offender) ends later |
| |
than the rehabilitation period previously applicable to the |
| 35 |
| |
| the offender shall be treated for the purposes of this Act as not having |
| |
become a rehabilitated person in respect of that conviction, and that |
| |
conviction shall for those purposes be treated as not having become |
| |
spent, in relation to any period falling before the end of the new |
| 40 |
| |
(4) | The amendments made by this section extend to England and Wales only. |
| |
|
| |
|
| |
|
Offences relating to nuclear material and nuclear facilities |
| |
74 | Offences relating to the physical protection of nuclear material and nuclear |
| |
| |
(1) | Part 1 of Schedule 15 amends the Nuclear Material (Offences) Act 1983 (c. 18) |
| |
| 5 |
(a) | further offences relating to the physical protection of nuclear material, |
| |
| |
(b) | offences relating to the physical protection of nuclear facilities, |
| |
| and makes other amendments to that Act. |
| |
(2) | Part 2 of that Schedule makes related amendments to the Customs and Excise |
| 10 |
Management Act 1979 (c. 2). |
| |
Penalty for unlawfully obtaining etc. personal data |
| |
75 | Imprisonment for unlawfully obtaining etc. personal data |
| |
(1) | Section 60 of the Data Protection Act 1998 (c. 29) (penalties for offences under |
| |
Act) is amended as follows. |
| 15 |
(2) | In subsection (2) (offences under Act punishable by fine) for “other than section |
| |
54A” substitute “other than sections 54A and 55”. |
| |
(3) | After subsection (3) insert— |
| |
“(3A) | A person guilty of an offence under section 55 is liable— |
| |
(a) | on summary conviction, to imprisonment for a term not |
| 20 |
exceeding 12 months or to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding two years or to a fine or to both. |
| |
(3B) | In the application of subsection (3A)(a)— |
| 25 |
(a) | in England and Wales, in relation to an offence committed |
| |
before the commencement of section 282(1) of the Criminal |
| |
Justice Act 2003 (increase in sentencing powers of magistrates’ |
| |
court from 6 to 12 months for certain offences triable either |
| |
| 30 |
(b) | in Scotland, until the commencement of section 45(1) of the |
| |
Criminal Proceedings etc. (Reform) (Scotland) Act 2007 |
| |
(increase in sentencing powers from 6 to 12 months), and |
| |
| |
| the reference to 12 months is to be read as a reference to 6 months.” |
| 35 |
|
| |
|
| |
|
| |
International co-operation in relation to criminal justice matters |
| |
Mutual recognition of financial penalties |
| |
76 | Requests to other member States |
| |
(1) | In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines and other sums |
| 5 |
imposed on conviction) in paragraph 38 (the range of further steps available |
| |
| |
(a) | after sub-paragraph (1)(e) insert— |
| |
“(f) | subject to sub-paragraph (4), issuing a certificate |
| |
requesting enforcement under the Framework Decision |
| 10 |
on financial penalties;” and |
| |
(b) | after sub-paragraph (3) insert— |
| |
“(4) | A certificate requesting enforcement under the Framework |
| |
Decision on financial penalties may only be issued where— |
| |
(a) | the sum due is a financial penalty within the meaning |
| 15 |
of section 76 of the Criminal Justice and Immigration |
| |
| |
(b) | it appears to the fines officer or the court that P is |
| |
normally resident, or has property or income, in a |
| |
member State other than the United Kingdom. |
| 20 |
(5) | In this paragraph, references to a certificate requesting |
| |
enforcement under the Framework Decision on financial |
| |
penalties are to be construed in accordance with section 81(2) |
| |
of the Criminal Justice and Immigration Act 2008.” |
| |
(2) | The designated officer for a magistrates’ court may issue a certificate |
| 25 |
requesting enforcement under the Framework Decision on financial penalties |
| |
| |
(a) | a person is required to pay a financial penalty, |
| |
(b) | the penalty is not paid in full within the time allowed for payment, |
| |
(c) | there is no appeal outstanding in relation to the penalty, |
| 30 |
(d) | Schedule 5 to the Courts Act 2003 does not apply in relation to the |
| |
enforcement of the penalty, and |
| |
(e) | it appears to the designated officer that the person is normally resident |
| |
in, or has property or income in, a member State other than the United |
| |
| 35 |
(3) | For the purposes of subsection (2)(c), there is no appeal outstanding in relation |
| |
to a financial penalty if— |
| |
(a) | no appeal has been brought in relation to the imposition of the financial |
| |
penalty within the time allowed for making such an appeal, or |
| |
(b) | such an appeal has been brought but the proceedings on appeal have |
| 40 |
| |
(4) | Where the person required to pay the financial penalty is a body corporate, |
| |
subsection (2)(e) applies as if the reference to the person being normally |
| |
resident in a member State other than the United Kingdom were a reference to |
| |
|
| |
|
| |
|
the person having its registered office in a member State other than the United |
| |
| |
(5) | In this section, “financial penalty” means— |
| |
(a) | a fine imposed on the person’s conviction of an offence; |
| |
(b) | any sum payable under a compensation order (within the meaning of |
| 5 |
section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 |
| |
| |
(c) | a surcharge under section 161A of the Criminal Justice Act 2003 (c. 44); |
| |
(d) | any sum payable under any such order as is mentioned in paragraphs |
| |
1 to 9 of Schedule 9 to the Administration of Justice Act 1970 (c. 31) |
| 10 |
(orders for payment of costs); |
| |
(e) | any other financial penalty, within the meaning of the Framework |
| |
Decision on financial penalties, specified in an order made by the Lord |
| |
| |
77 | Procedure on receipt of certificate by Lord Chancellor |
| 15 |
(1) | This section applies where— |
| |
(a) | a magistrates’ court or a fines officer has, under paragraph 39(3)(b) or |
| |
40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate |
| |
requesting enforcement under the Framework Decision on financial |
| |
| 20 |
(b) | the designated officer for a magistrates’ court has issued such a |
| |
certificate under section 76(2) of this Act. |
| |
(2) | The fines officer (in the case of a certificate issued by the officer) or the |
| |
designated officer for the magistrates’ court (in any other case) must give the |
| |
Lord Chancellor the certificate, together with a certified copy of the decision |
| 25 |
requiring payment of the financial penalty. |
| |
(3) | On receipt of the documents mentioned in subsection (2), the Lord Chancellor |
| |
must give those documents to the central authority or competent authority of |
| |
the member State in which the person required to pay the penalty appears to |
| |
be normally resident or (as the case may be) to have property or income. |
| 30 |
(4) | Where a certified copy of the decision is given to the central authority or |
| |
competent authority of a member State in accordance with subsection (3), no |
| |
further steps to enforce the decision may be taken in England and Wales except |
| |
in accordance with provision made by order by the Lord Chancellor. |
| |
(5) | Where the person required to pay the financial penalty is a body corporate, |
| 35 |
subsection (3) applies as if the reference to the member State in which the |
| |
person appears to be normally resident were a reference to the member State |
| |
in which the person appears to have its registered office. |
| |
78 | Requests from other member States |
| |
(1) | This section applies where the competent authority or central authority of a |
| 40 |
member State other than the United Kingdom gives the Lord Chancellor— |
| |
(a) | a certificate requesting enforcement under the Framework Decision on |
| |
| |
(b) | the decision, or a certified copy of the decision, requiring payment of |
| |
the financial penalty to which the certificate relates. |
| 45 |
|
| |
|
| |
|
(2) | If the certificate is given to the Lord Chancellor because the person required to |
| |
pay the financial penalty is normally resident in England and Wales, the Lord |
| |
Chancellor must give the documents mentioned in subsection (1) to the |
| |
designated officer for the local justice area in which it appears that the person |
| |
| 5 |
(3) | If the certificate is given to the Lord Chancellor because the person required to |
| |
pay the financial penalty has property or income in the United Kingdom, the |
| |
Lord Chancellor may give the documents mentioned in subsection (1) to the |
| |
designated officer for such local justice area as appears appropriate. |
| |
(4) | Where the Lord Chancellor acts under subsection (2) or (3), the Lord |
| 10 |
Chancellor must also give the designated officer a notice— |
| |
(a) | stating whether the Lord Chancellor thinks that any of the grounds for |
| |
refusal apply (see section 80(1)), and |
| |
(b) | giving reasons for that opinion. |
| |
(5) | Where the person required to pay the financial penalty is a body corporate, |
| 15 |
subsection (2) applies as if— |
| |
(a) | the reference to the person being normally resident in England and |
| |
Wales were a reference to the person having its registered office in |
| |
| |
(b) | the reference to the local justice area in which it appears that the person |
| 20 |
is normally resident were a reference to the local justice area in which |
| |
it appears that the person has its registered office. |
| |
(6) | In this section and section 79— |
| |
(a) | “decision” has the meaning given by Article 1 of the Framework |
| |
Decision on financial penalties (except in section 79(4)); |
| 25 |
(b) | “financial penalty” has the meaning given by that Article. |
| |
79 | Procedure on receipt of certificate by designated officer |
| |
(1) | This section applies where the Lord Chancellor gives the designated officer for |
| |
| |
(a) | a certificate requesting enforcement under the Framework Decision on |
| 30 |
| |
(b) | the decision, or a certified copy of the decision, requiring payment of |
| |
the financial penalty to which the certificate relates, and |
| |
(c) | a notice under section 78(4). |
| |
(2) | The designated officer must refer the matter to a magistrates’ court acting for |
| 35 |
| |
(3) | The magistrates’ court must decide whether it is satisfied that any of the |
| |
grounds for refusal apply (see section 80(1)). |
| |
(4) | The designated officer must inform the Lord Chancellor of the decision of the |
| |
| 40 |
(5) | Subsection (6) applies unless the magistrates’ court is satisfied that one or more |
| |
of the grounds for refusal apply. |
| |
(6) | The enactments specified in subsection (7) apply in relation to the financial |
| |
penalty as if it were a sum adjudged to be paid by a conviction of the |
| |
|
| |
|
| |
|
magistrates’ court on the date when the court made the decision mentioned in |
| |
| |
(7) | The enactments specified in this subsection are— |
| |
(a) | Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and |
| |
| 5 |
(b) | Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc. |
| |
and discharge of fines etc. by unpaid work); |
| |
(c) | any subordinate legislation (within the meaning of the Interpretation |
| |
Act 1978 (c. 30)) made under the enactments specified in paragraphs (a) |
| |
| 10 |
(8) | If the certificate requesting enforcement under the Framework Decision on |
| |
financial penalties states that part of the financial penalty has been paid, the |
| |
reference in subsection (6) to the financial penalty is to be read as a reference to |
| |
such part of the penalty as remains unpaid. |
| |
80 | Recognition of financial penalties: supplemental |
| 15 |
(1) | Schedule 16 specifies the grounds for refusal for the purposes of sections |
| |
78(4)(a) and 79(3) and (5). |
| |
(2) | The Lord Chancellor may by order make further provision for or in connection |
| |
with giving effect to the Framework Decision on financial penalties. |
| |
(3) | An order under subsection (2) may in particular— |
| 20 |
(a) | modify the enactments specified in section 79(7) in their application to |
| |
financial penalties by virtue of section 79(6), and |
| |
(b) | amend, repeal or revoke any provision of— |
| |
(i) | any Act (including any Act passed in the same Session as this |
| |
| 25 |
(ii) | subordinate legislation (within the meaning of the |
| |
Interpretation Act 1978) made before the passing of this Act. |
| |
81 | Interpretation of sections 76 to 80 |
| |
(1) | In sections 76 to 80— |
| |
“central authority”, in relation to a member State, means an authority |
| 30 |
designated by the State as a central authority for the purposes of the |
| |
Framework Decision on financial penalties; |
| |
“competent authority”, in relation to a member State, means an authority |
| |
designated by the State as a competent authority for the purposes of |
| |
| 35 |
“the Framework Decision on financial penalties” means the Framework |
| |
Decision of the Council of the European Union made on 24 February |
| |
2005 on the application of the principle of mutual recognition to |
| |
financial penalties (2005/214/JHA). |
| |
(2) | References in those sections to a certificate requesting enforcement under the |
| 40 |
Framework Decision on financial penalties are references to such a certificate |
| |
as is provided for by article 4 of that Decision. |
| |
|
| |
|