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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 6 — Criminal law

51

 

(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

force—

(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

(4)(a),

10

   

whichever first occurs.

(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

orders) has effect.”

(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

Act 1959

(1)   

The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

(2)   

In section 5 (rehabilitation periods for particular sentences) after subsection

(4C) insert—

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

conviction,

   

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

rehabilitation period.”

(4)   

The amendments made by this section extend to England and Wales only.

 
 

Criminal Justice and Immigration Bill
Part 6 — Criminal law

52

 

Offences relating to nuclear material and nuclear facilities

74      

Offences relating to the physical protection of nuclear material and nuclear

facilities

(1)   

Part 1 of Schedule 15 amends the Nuclear Material (Offences) Act 1983 (c. 18)

to create—

5

(a)   

further offences relating to the physical protection of nuclear material,

and

(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

maximum or to both;

(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

way),

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

(c)   

in Northern Ireland,

   

the reference to 12 months is to be read as a reference to 6 months.”

35

 
 

Criminal Justice and Immigration Bill
Part 7 — International co-operation in relation to criminal justice matters

53

 

Part 7

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

against defaulters)—

(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

Act 2008, and

(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

where—

(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

Kingdom.

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

been concluded.

(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

 
 

Criminal Justice and Immigration Bill
Part 7 — International co-operation in relation to criminal justice matters

54

 

the person having its registered office in a member State other than the United

Kingdom.

(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. 6));

(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

Chancellor.

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

penalties, or

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

financial penalties, and

(b)   

the decision, or a certified copy of the decision, requiring payment of

the financial penalty to which the certificate relates.

45

 
 

Criminal Justice and Immigration Bill
Part 7 — International co-operation in relation to criminal justice matters

55

 

(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

is normally resident.

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

England and Wales, and

(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 local justice area—

(a)   

a certificate requesting enforcement under the Framework Decision on

30

financial penalties,

(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

that area.

(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

magistrates’ court.

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

 
 

Criminal Justice and Immigration Bill
Part 7 — International co-operation in relation to criminal justice matters

56

 

magistrates’ court on the date when the court made the decision mentioned in

subsection (4).

(7)   

The enactments specified in this subsection are—

(a)   

Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and

enforcement);

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)

and (b).

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

Act);

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

that Decision;

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.

 
 

 
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