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 8 — Violent Offender Orders
57

Mutual legal assistance in revenue matters
82
Power to transfer functions under Crime (International Co-operation) Act
2003 in relation to direct taxation
(1)
In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32)
(exercise of powers by others)—
5
(a)
in paragraph (a), for “Commissioners of Customs and Excise”
substitute “Commissioners for Revenue and Customs”; and
(b)
in paragraph (b), for “a customs officer” substitute “an officer of
Revenue and Customs”.
(2)
Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs
10
Act 2005 (c. 11) (power under section 27(1) not applicable to former inland
revenue matters etc.) ceases to have effect.
Part 8
Violent Offender Orders
Violent offender orders
15
83
Violent offender orders
(1)
A violent offender order is an order made in respect of a qualifying offender
which—
(a)
contains such prohibitions, restrictions or conditions as the court
making the order considers necessary for the purpose of protecting the
20
public from the risk of serious violent harm caused by the offender, and
(b)
has effect for a period of at least 2 years specified in the order (unless
renewed or discharged under section 87).
(2)
For the purposes of this Part any reference to protecting the public from the
risk of serious violent harm caused by a person is a reference to protecting—
25
(a)
the public in the United Kingdom, or
(b)
any particular members of the public in the United Kingdom,

from the risk of serious physical or psychological harm caused by that person
committing one or more specified offences.
(3)
In this Part “specified offence” means—
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(a)
manslaughter;
(b)
an offence under section 4 of the Offences against the Person Act 1861
(c. 100) (soliciting murder);
(c)
an offence under section 18 of that Act (wounding with intent to cause
grievous bodily harm);
35
(d)
an offence under section 20 of that Act (malicious wounding); or
(e)
attempting to commit murder or conspiracy to commit murder.
84
Qualifying offenders
(1)
In this Part “qualifying offender” means a person within subsection (2) or (4).

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(2)
A person is within this subsection if (whether before or after the
commencement of this Part)—
(a)
the person has been convicted of a specified offence and given a
custodial sentence of at least 12 months for the offence,
(b)
the person has been found not guilty of a specified offence by reason of
5
insanity and subsection (3) applies, or
(c)
the person has been found to be under a disability and to have done the
act charged in respect of a specified offence and subsection (3) applies.
(3)
This subsection applies in the case of a person within (2)(b) or (2)(c) if the court
made in respect of the offence—
10
(a)
a hospital order (with or without a restriction order), or
(b)
a supervision order.
(4)
A person is within this subsection if, under the law in force in a country outside
England and Wales (and whether before or after the commencement of this
Part)—
15
(a)
the person has been convicted of a relevant offence and sentenced for
the offence to a period of imprisonment or other detention of at least 12
months,
(b)
a court exercising jurisdiction under that law has made in respect of a
relevant offence a finding equivalent to a finding that the person was
20
not guilty by reason of insanity, and has made in respect of the offence
an order equivalent to one mentioned in subsection (3), or
(c)
such a court has, in respect of a relevant offence, made a finding
equivalent to a finding that the person was under a disability and did
the act charged in respect of the offence, and has made in respect of the
25
offence an order equivalent to one mentioned in subsection (3).
(5)
In subsection (4) “relevant offence” means an act which—
(a)
constituted an offence under the law in force in the country concerned,
and
(b)
would have constituted a specified offence if it had been done in
30
England and Wales.
(6)
An act punishable under the law in force in a country outside England and
Wales constitutes an offence under that law for the purposes of subsection (5)
however it is described in that law.
(7)
Subject to subsection (8), on an application under section 85 the condition in
35
subsection (5)(b) (where relevant) is to be taken as met in relation to the person
to whom the application relates (“P”) unless, not later than rules of court may
provide, P serves on the applicant a notice—
(a)
denying that, on the facts as alleged with respect to the act in question,
the condition is met,
40
(b)
giving the reasons for denying that it is met, and
(c)
requiring the applicant to prove that it is met.
(8)
If the court thinks fit, it may permit P to require the applicant to prove that the
condition is met even though no notice has been served under subsection (7).
85
Applications for violent offender orders
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(1)
A chief officer of police may by complaint to a magistrates’ court apply for a
violent offender order to be made in respect of a person—

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Part 8 — Violent Offender Orders
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(a)
who resides in the chief officer’s police area, or
(b)
who the chief officer believes is in, or is intending to come to, that area,

if it appears to the chief officer that the conditions in subsection (2) are met.
(2)
The conditions are—
(a)
that the person is a qualifying offender, and
5
(b)
that the person has, since the appropriate date, acted in such a way as
to give reasonable cause to believe that it is necessary for a violent
offender order to be made in respect of the person.
(3)
An application under this section may be made to any magistrates’ court
whose commission area includes—
10
(a)
any part of the applicant’s police area, or
(b)
any place where it is alleged that the person acted in such a way as is
mentioned in subsection (2)(b).
(4)
The Secretary of State may by order make provision—
(a)
for applications under this section to be made by such persons or
15
bodies as are specified or described in the order;
(b)
specifying cases or circumstances in which applications may be so
made;
(c)
for provisions of this Part to apply, in relation to the making of
applications (or cases where applications are made) by any such
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persons or bodies, with such modifications as are specified in relation
to them in the order.
(5)
In this Part “the appropriate date” means the date (or, as the case may be, the
first date) on which the person became a person within any of paragraphs (a)
to (c) of section 84(2) or (4), whether that date fell before or after the
25
commencement of this Part.
86
Making of violent offender orders
(1)
A magistrates’ court may make a violent offender order in respect of the person
to whom an application under section 85 relates (“P”) if it is satisfied that the
conditions in subsection (2) are met.
30
(2)
The conditions are—
(a)
that P is a qualifying offender,
(b)
that P has, since the appropriate date, acted in such a way as to make it
necessary to make a violent offender order for the purpose of
protecting the public from the risk of serious violent harm caused by P.
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(3)
When deciding whether it is necessary to make such an order for that purpose,
the court must have regard to whether P would, at any time when such an
order would be in force, be subject under any other enactment to any measures
that would operate to protect the public from the risk of such harm.
(4)
A violent offender order may not be made so as to come into force at any time
40
when P—
(a)
is subject to a custodial sentence imposed in respect of any offence,
(b)
is on licence for part of the term of such a sentence, or
(c)
is subject to a hospital order or a supervision order made in respect of
any offence.
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Part 8 — Violent Offender Orders
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(5)
But such an order may be applied for, and made, at such a time.
87
Variation, renewal or discharge of violent offender orders
(1)
A person within subsection (2) may by complaint apply to the appropriate
magistrates’ court for an order varying, renewing or discharging a violent
offender order.
5
(2)
The persons are—
(a)
the offender,
(b)
the chief officer of police who applied for the order,
(c)
(if different) the chief officer of police for the area in which the offender
resides, and
10
(d)
(if different) a chief officer of police who believes that the offender is in,
or is intending to come to, his police area.
(3)
The “appropriate magistrates’ court” means the magistrates’ court that made
the order or (if different)—
(a)
a magistrates’ court for the area in which the offender resides, or
15
(b)
where the application under this section is made by a chief officer of
police, any magistrates’ court whose commission area includes any
part of the chief officer’s police area.
(4)
On an application under this section the appropriate magistrates’ court may,
after hearing—
20
(a)
the applicant, and
(b)
any other persons mentioned in subsection (2) who wish to be heard,
make such order varying, renewing or discharging the violent offender order
as the court considers appropriate.
But this is subject to subsections (5) and (6).
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(5)
A violent offender order may only be—
(a)
renewed, or
(b)
varied so as to impose additional prohibitions, restrictions or
conditions on the offender,
if the court considers that it is necessary to do so for the purpose of protecting
30
the public from the risk of serious violent harm caused by the offender (and
any renewed or varied order may contain only such prohibitions, restrictions
or conditions as the court considers necessary for this purpose).
(6)
The court may not discharge the violent offender order before the end of the
period of 2 years beginning with the date on which it comes into force unless
35
consent to its discharge is given by the offender and—
(a)
where the application under this section is made by a chief officer of
police, by that chief officer, or
(b)
where the application is made by the offender, by the chief officer of
police for the area in which the offender resides.
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88
Interim violent offender orders
(1)
This section applies where an application under section 85 (“the main
application”) has not yet been determined.

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(2)
An application for an order under this section (“an interim violent offender
order”) may be made—
(a)
by the complaint by which the main application is made, or
(b)
if the main application has already been made to a court, by means of a
further complaint made to that court by the person making the main
5
application.
(3)
If the court—
(a)
is satisfied that the person to whom the main application relates is a
qualifying offender, and
(b)
considers it just to do so,
10

the court may make an interim violent offender order in respect of the person
containing such prohibitions, restrictions or conditions as the court considers
necessary for the purpose of protecting the public from the risk of serious
violent harm caused by that person.
(4)
But an interim violent offender order may not be made so as to come into force
15
at any time when the person—
(a)
is subject to a custodial sentence for any offence,
(b)
is on licence for part of the term of such a sentence, or
(c)
is subject to a hospital order or a supervision order made in respect of
any offence.
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(5)
Such an order has effect, unless renewed, only for such fixed period of not
more than 4 weeks as may be specified in the order.
(6)
Such an order—
(a)
may be renewed (on one or more occasions) for a period of not more
than 4 weeks from the time when it would otherwise cease to have
25
effect; and
(b)
ceases to have effect (if it has not already done so) at the appropriate
time.
(7)
“The appropriate time” means—
(a)
if the court grants the main application, the time when a violent
30
offender order made in pursuance of it comes into force;
(b)
if the court decides not to grant the main application or it is withdrawn,
the time when the court so decides or the application is withdrawn.
(8)
Section 87 applies to an interim violent offender order as it applies to a violent
offender order, but with the omission of subsection (6).
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89
Appeals
(1)
A person in respect of whom—
(a)
a violent offender order, or
(b)
an interim violent offender order,

has been made may appeal to the Crown Court against the making of the order.
40
(2)
Such a person may also appeal to the Crown Court against—
(a)
the making of an order under section 87, or
(b)
any refusal to make such an order.
(3)
On an appeal under this section, the Crown Court—

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(a)
may make such orders as may be necessary to give effect to its
determination of the appeal; and
(b)
may also make such incidental or consequential orders as appear to it
to be just.
(4)
For the purposes of section 87(3) an order made by the Crown Court on an
5
appeal made by virtue of subsection (1) or (2) is to be treated as if made by the
court from which the appeal was brought.
Notification requirements
90
Offenders subject to notification requirements
(1)
References in this Part to an offender subject to notification requirements are
10
references to an offender who is for the time being subject to—
(a)
a violent offender order, or
(b)
an interim violent offender order,

which is in force under this Part.
(2)
Subsection (1) has effect subject to section 93(5) (which excludes from section
15
93 an offender subject to an interim violent offender order).
91
Notification requirements: initial notification
(1)
An offender subject to notification requirements must notify the required
information to the police within the period of 3 days beginning with the date
on which—
20
(a)
the violent offender order, or
(b)
the interim violent offender order,

comes into force in relation to the offender (“the relevant date”).
(2)
The “required information” is the following information about the offender—
(a)
date of birth;
25
(b)
national insurance number;
(c)
name on the relevant date or, if the offender used two or more names
on that date, each of those names;
(d)
home address on the relevant date;
(e)
name on the date on which the notification is given or, if the offender
30
used two or more names on that date, each of those names;
(f)
home address on the date on which the notification is given;
(g)
the address of any other premises in the United Kingdom at which on
that date the offender regularly resides or stays.
(3)
When determining the period of 3 days mentioned in subsection (1), there is to
35
be disregarded any time when the offender is—
(a)
remanded in or committed to custody by an order of a court;
(b)
serving a sentence of imprisonment or a term of service detention;
(c)
detained in a hospital; or
(d)
outside the United Kingdom.
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(4)
In this Part “home address” means in relation to the offender—
(a)
the address of the offender’s sole or main residence in the United
Kingdom, or

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(b)
if the offender has no such residence, the address or location of a place
in the United Kingdom where the offender can regularly be found or, if
there is more than one such place, such one of them as the offender
selects.
92
Notification requirements: changes
5
(1)
An offender subject to notification requirements must notify to the police—
(a)
the required new information, and
(b)
the information mentioned in section 91(2),

within the period of 3 days beginning with the date on which any notifiable
event occurs.
10
(2)
A “notifiable event” means—
(a)
the use by the offender of a name which has not been notified to the
police under section 91 or this section;
(b)
any change of the offender’s home address;
(c)
the expiry of any qualifying period during which the offender has
15
resided or stayed at any premises in the United Kingdom the address
of which has not been notified to the police under section 91 or this
section, or
(d)
the release of the offender from custody pursuant to an order of a court
or from imprisonment, service detention or detention in a hospital.
20
(3)
The “required new information” is—
(a)
the name referred to in subsection (2)(a),
(b)
the new home address (see subsection (2)(b)),
(c)
the address of the premises referred to in subsection (2)(c), or
(d)
the fact that the offender has been released as mentioned in subsection
25
(2)(d),

as the case may be.
(4)
A notification under subsection (1) may be given before the notifiable event
occurs, but in that case the offender must also specify the date when the event
is expected to occur.
30
(5)
If a notification is given in accordance with subsection (4) and the event to
which it relates occurs more than 2 days before the date specified, the
notification does not affect the duty imposed by subsection (1).
(6)
If a notification is given in accordance with subsection (4) and the event to
which it relates has not occurred by the end of the period of 3 days beginning
35
with the date specified—
(a)
the notification does not affect the duty imposed by subsection (1), and
(b)
the offender must, within the period of 6 days beginning with the date
specified, notify to the police the fact that the event did not occur within
the period of 3 days beginning with the date specified.
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(7)
Section 91(3) applies to the determination of—
(a)
any period of 3 days for the purposes of subsection (1), or
(b)
any period of 6 days for the purposes of subsection (6),

as it applies to the determination of the period of 3 days mentioned in section
91(1).
45