Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders
64

(8)
In this section “qualifying period” means—
(a)
a period of 7 days, or
(b)
two or more periods, in any period of 12 months, which taken together
amount to 7 days.
93
Notification requirements: periodic notification
5
(1)
An offender subject to notification requirements must, within the period of one
year after each notification date, notify to the police the information mentioned
in section 91(2), unless the offender has already given a notification under
section 92(1) within that period.
(2)
A “notification date” means, in relation to the offender, the date of any
10
notification given by the offender under section 91(1) or 92(1) or subsection (1)
above.
(3)
Where the period mentioned in subsection (1) would (apart from this
subsection) end while subsection (4) applies, that period is to be treated as
continuing until the end of the period of 3 days beginning with the date on
15
which subsection (4) first ceases to apply.
(4)
This subsection applies if 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
20
(d)
outside the United Kingdom.
(5)
Nothing in this section applies to an offender who is subject to an interim
violent offender order.
94
Notification requirements: travel outside United Kingdom
(1)
The Secretary of State may by regulations make provision with respect to
25
offenders subject to notification requirements, or any description of such
offenders—
(a)
requiring such persons, before they leave the United Kingdom, to give
in accordance with the regulations a notification under subsection (2);
(b)
requiring such persons, if they subsequently return to the United
30
Kingdom, to give in accordance with the regulations a notification
under subsection (3).
(2)
A notification under this subsection must disclose—
(a)
the date on which the offender proposes to leave the United Kingdom;
(b)
the country (or, if there is more than one, the first country) to which the
35
offender proposes to travel and the proposed point of arrival
(determined in accordance with the regulations) in that country;
(c)
any other information prescribed by the regulations which the offender
holds about the offender’s departure from or return to the United
Kingdom, or about the offender’s movements while outside the United
40
Kingdom.
(3)
A notification under this subsection must disclose any information prescribed
by the regulations about the offender’s return to the United Kingdom.

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders
65

95
Method of notification and related matters
(1)
An offender gives a notification to the police under section 91(1), 92(1) or 93(1)
by—
(a)
attending at any police station in the offender’s local police area, and
(b)
giving an oral notification to any police officer, or to any person
5
authorised for the purpose by the officer in charge of the station.
(2)
An offender giving a notification under section 92(1)—
(a)
in relation to a prospective change of home address, or
(b)
in relation to such premises as are mentioned in section 92(2)(c),
may also give the notification at a police station that would fall within
10
subsection (1)(a) above if the change of home address had already occurred or
(as the case may be) the premises in question were the offender’s home
address.
(3)
Any notification given in accordance with this section must be acknowledged;
and the acknowledgement must be—
15
(a)
in writing, and
(b)
in such form as the Secretary of State may direct.
(4)
Where a notification is given under section 91(1), 92(1) or 93(1), the offender
must, if requested to do so by the police officer or other person mentioned in
subsection (1)(b) above, allow that officer or person to—
20
(a)
take the offender’s fingerprints,
(b)
photograph any part of the offender, or
(c)
do both of those things,
in order to verify the offender’s identity.
(5)
In this section—
25
“local police area”, in relation to the offender, means—
(a)
the police area in England and Wales in which the home
address is situated,
(b)
in the absence of a home address in England and Wales, the
police area in England and Wales in which the home address
30
last notified is situated, or
(c)
in the absence of such a home address and any such notification,
the police area in which the court that made the violent offender
order (or, as the case may be, the interim violent offender order)
is situated;
35
“photograph” includes any process by means of which an image may be
produced.
96
Notification requirements to be complied with by parents of young offenders
(1)
This section applies where—
(a)
a violent offender order, or
40
(b)
an interim violent offender order,

is made in respect of an offender who is under 18 at the time when the order is
made (“the young offender”).
(2)
The court making the order may direct that subsection (3) applies in respect of
an individual having parental responsibility for the young offender (“the
45
parent”).

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders
66

(3)
Where this subsection applies—
(a)
the obligations that would (apart from this subsection) be imposed on
the young offender by or under sections 91 to 94 are to be treated
instead as obligations of the parent, and
(b)
the parent must ensure that the young offender accompanies the parent
5
to the police station on each occasion when a notification is being given.
(4)
A direction under subsection (2) takes immediate effect and applies—
(a)
until the young offender attains the age of 18, or
(b)
for such shorter period as the court may direct at the time when it gives
the direction under subsection (2).
10
(5)
A chief officer of police may, by complaint to any magistrates’ court whose
commission area includes any part of the chief officer’s police area, apply for a
direction under subsection (2) in respect of an offender subject to notification
requirements—
(a)
who resides in that police area, or who the chief officer believes is in or
15
is intending to come to that police area, and
(b)
who the chief officer believes is under 18.
(6)
For this purpose the reference in subsection (2) to the court making the order
is to be read as a reference to the court referred to in subsection (5).
97
Parental directions: notification requirements imposed on parents of young
20
offenders
(1)
This section applies where a direction has been given by a magistrates’ court
under section 96.
(2)
A person within subsection (2) may, by complaint to that court, apply for an
order varying, renewing or discharging the direction.
25
(3)
The persons are—
(a)
the young offender;
(b)
the parent;
(c)
the chief officer of police for the police area in which the young offender
resides;
30
(d)
a chief officer of police who believes that the young offender is in, or is
intending to come to, the chief officer’s police area;
(e)
where the direction was made on an application under section 96(5),
the chief officer of police who made the application.
(4)
On an application under subsection (1) the court, after hearing—
35
(a)
the applicant, and
(b)
any other persons within subsection (3) who wish to be heard,

may make such order varying, renewing or discharging the direction as the
court considers appropriate.
Supplementary
40
98
Offences
(1)
If a person fails, without reasonable excuse, to comply with any prohibition,
restriction or condition contained in—

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders
67

(a)
a violent offender order, or
(b)
an interim violent offender order,

the person commits an offence.
(2)
If a person fails, without reasonable excuse, to comply with—
(a)
section 91(1), 92(1) or (6)(b), 93(1), 95(4) or 96(3)(b), or
5
(b)
any requirement imposed by regulations made under section 94(1),

the person commits an offence.
(3)
If a person notifies to the police, in purported compliance with—
(a)
section 91(1), 92(1) or 93(1), or
(b)
any requirement imposed by regulations made under section 94(1),
10

any information which the person knows to be false, the person commits an
offence.
(4)
As regards an offence under subsection (2), so far as it relates to non-
compliance with—
(a)
section 91(1), 92(1) or 93(1), or
15
(b)
any requirement imposed by regulations made under section 94(1),

a person commits such an offence on the first day on which the person first
fails, without reasonable excuse, to comply with the provision mentioned in
paragraph (a) or (as the case may be) the requirement mentioned in paragraph
(b), and continues to commit it throughout any period during which the failure
20
continues.
(5)
But a person must not be prosecuted under subsection (2) more than once in
respect of the same failure.
(6)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
25
months or a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine or both.
(7)
Proceedings for an offence under this section may be commenced in any court
having jurisdiction in any place where the person charged with the offence
30
resides or is found.
99
Supply of information to Secretary of State etc.
(1)
This section applies to information notified to the police under section 91(1),
92(1) or 93(1).
(2)
A chief officer of police may, for the purposes of the prevention, detection,
35
investigation or prosecution of offences under this Part, supply information to
which this section applies to—
(a)
the Secretary of State, or
(b)
a person providing services to the Secretary of State in connection with
a relevant function,
40

for use for the purpose of verifying the information.
(3)
In relation to information supplied to any person under subsection (2), the
reference to verifying the information is a reference to—
(a)
checking its accuracy by comparing it with information held—

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders
68

(i)
where the person is the Secretary of State, by that person in
connection with the exercise of a relevant function, or
(ii)
where the person is within subsection (2)(b), by that person in
connection with the provision of services as mentioned there,
and
5
(b)
compiling a report of that comparison.
(4)
Subject to subsection (5), the supply of information under this section is to be
taken not to breach any restriction on the disclosure of information (however
arising).
(5)
This section does not authorise the doing of anything that contravenes the Data
10
Protection Act 1998 (c. 29).
(6)
This section does not affect any power to supply information that exists apart
from this section.
(7)
In this section “relevant function” means—
(a)
a function relating to social security, child support, employment or
15
training,
(b)
a function relating to passports, or
(c)
a function under Part 3 of the Road Traffic Act 1988 (c. 52).
100
Supply of information by Secretary of State etc.
(1)
A report compiled under section 99 may be supplied to a chief officer of police
20
by—
(a)
the Secretary of State, or
(b)
a person within section 99(2)(b).
(2)
Such a report may contain any information held—
(a)
by the Secretary of State in connection with the exercise of a relevant
25
function, or
(b)
by a person within section 99(2)(b) in connection with the provision of
services as mentioned there.
(3)
Where such a report contains information within subsection (2), the chief
officer to whom it is supplied—
30
(a)
may retain the information, whether or not used for the purposes of the
prevention, detection, investigation or prosecution of an offence under
this Part, and
(b)
may use the information for any purpose related to the prevention,
detection, investigation or prosecution of offences (whether or not
35
under this Part), but for no other purpose.
(4)
Subsections (4) to (7) of section 99 apply in relation to this section as they apply
in relation to section 99.
101
Information about release or transfer
(1)
This section applies to an offender subject to notification requirements who
40
is—
(a)
serving a sentence of imprisonment or a term of service detention, or
(b)
detained in a hospital.

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Part 8 — Violent Offender Orders
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(2)
The Secretary of State may by regulations make provision requiring the person
who is responsible for such an offender to give notice to specified persons—
(a)
of the fact that that person has become responsible for the offender; and
(b)
of any occasion when—
(i)
the offender is released, or
5
(ii)
a different person is to become responsible for the offender.
(3)
In subsection (2) “specified persons” means persons specified, or of a
description specified, in the regulations.
(4)
The regulations may make provision for determining who is to be taken for the
purposes of this section as being responsible for an offender.
10
102
Interpretation of Part 8
(1)
In this Part—
“the appropriate date” has the meaning given by section 85(5);
“country” includes territory;
“custodial sentence” has the meaning given by section 76 of the Powers of
15
Criminal Courts (Sentencing) Act 2000 (c. 6);
“home address” has the meaning given by section 91(4);
“hospital order” has the meaning given in section 37 of the Mental Health
Act 1983 (c. 20);
“interim violent offender order” means an order made under section 88;
20
“the offender”, in relation to a violent offender order or an interim violent
offender order, means the person in respect of whom the order is made;
“qualifying offender” has the meaning given by section 84(1);
“restriction order” has the meaning given in section 41 of the Mental
Health Act 1983;
25
“specified offence” has the meaning given by section 83(3);
“supervision order” has the meaning given by Schedule 1A to the
Criminal Procedure (Insanity) Act 1964 (c. 84);
“violent offender order” has the meaning given by section 83(1).
(2)
References in this Part to protecting the public from the risk of serious violent
30
harm caused by a person are to be read in accordance with section 83(2).
(3)
References in this Part to an offender subject to notification requirements are to
be read in accordance with section 90.
(4)
The following expressions have the same meanings as in Part 2 of the Sexual
Offences Act 2003 (c. 42) (notifications and orders)—
35
“detained in a hospital” (see sections 133 and 135 of that Act);
“parental responsibility” (see section 133 of that Act);
“sentence of imprisonment” (see section 131 of that Act);
“term of service detention” (see section 133(1) of that Act);
and references to a person having been found to be under a disability and to
40
have done the act charged are to be read in accordance with section 135 of that
Act.

Criminal Justice and Immigration Bill
Part 9 — Anti-social behaviour
70

Part 9
Anti-social behaviour
Premises closure orders
103
Closure orders: premises associated with persistent disorder or nuisance
Schedule 17 inserts a new Part 1A into the Anti-social Behaviour Act 2003
5
(c. 38) which makes provision about the issue of closure notices and the
making of closure orders in respect of premises associated with persistent
disorder or nuisance.
Nuisance or disturbance on hospital premises
104
Offence of causing nuisance or disturbance on NHS premises
10
(1)
A person commits an offence if—
(a)
the person causes, without reasonable excuse and while on NHS
premises, a nuisance or disturbance to an NHS staff member who is
working there or is otherwise there in connection with work,
(b)
the person refuses, without reasonable excuse, to leave the NHS
15
premises when asked to do so by a constable or an NHS staff member,
and
(c)
the person is not on the NHS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself.
(2)
A person who commits an offence under this section is liable on summary
20
conviction to a fine not exceeding level 3 on the standard scale.
(3)
For the purposes of this section—
(a)
a person ceases to be on NHS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself once the person
has received the advice, treatment or care, and
25
(b)
a person is not on NHS premises for the purpose of obtaining medical
advice, treatment or care for himself or herself if the person has been
refused the advice, treatment or care during the last 8 hours.
(4)
In this section—
“hospital grounds” means land in the vicinity of a hospital and associated
30
with it,
“NHS premises” means—
(a)
any hospital vested in, or managed by, a relevant English NHS
body,
(b)
any building or other structure, or vehicle, associated with the
35
hospital and situated on hospital grounds (whether or not
vested in, or managed by, a relevant English NHS body), and
(c)
the hospital grounds,
“NHS staff member” means a person employed by a relevant English
NHS body or otherwise working for it (whether as or on behalf of a
40
contractor, as a volunteer or otherwise),
“relevant English NHS body” means—