House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 20th November 2007
364

Criminal Justice and Immigration Bill, continued

(a)
“prescribed change of circumstances” means any change—

(i)
occurring in relation to any matter in respect of which

information is required to be notified by virtue of section

91(2)(h), and

(ii)
of a description prescribed by regulations made by the Secretary

of State;

(b)
“the prescribed details”, in relation to a prescribed change of

circumstances, means such details of the change as may be so

prescribed.’.

Mr David Hanson

227

Schedule  19,  page  203,  line  31,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

228

Schedule  19,  page  203,  line  36,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

229

Schedule  19,  page  203,  line  39,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

230

Schedule  19,  page  204,  line  2,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer’.

Mr David Hanson

231

Schedule  19,  page  204,  line  31,  at end insert—

‘“relevant lawyer” means a person who, for the purposes of the Legal

Services Act 2007, is an authorised person in relation to an activity

which constitutes the exercise of a right of audience (within the

meaning of that Act);’.

Mr David Hanson

232

Schedule  19,  page  204,  line  44,  leave out ‘regulations’ and insert ‘rules’.

Mr David Hanson

233

Schedule  19,  page  205,  line  12,  leave out ‘counsel or a solicitor’ and insert ‘a

relevant lawyer within the meaning of section 84’.

Mr David Hanson

234

Schedule  19,  page  205,  line  20,  leave out ‘Regulations or’.

Public Bill Committee: 20th November 2007
365

Criminal Justice and Immigration Bill, continued

Mr David Hanson

235

Schedule  19,  page  205,  line  22,  leave out from beginning to ‘under’ in line 23 and

insert—

    ‘(4)
For subsection (5) substitute—

“(5)
A statutory instrument containing rules’.

Mr David Hanson

54

Schedule  21,  page  222,  line  26,  at end insert—

‘Criminal Justice Act 1961 (c. 39)

2A
In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references

to imprisonment or detention in case of children and young persons) after “in

accordance with” insert “a determination of the Secretary of State or of a

person authorised by him, in accordance with arrangements made by the

Secretary of State or in accordance with”.’.

Mr David Hanson

210

Schedule  21,  page  222,  line  26,  at end insert—

‘Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

2A
In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980

(grounds for allowing appeal against finding of unfitness to be tried), in

paragraph (a) for “the finding” substitute “a finding”.’.

Mr David Hanson

236

Schedule  21,  page  222,  line  26,  at end insert—

‘Prison Act 1952 (c. 52)

2A
In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of

young offender institutions), at the end insert “or other persons who may be

lawfully detained there”.’.

Mr David Hanson

237

Schedule  21,  page  223,  line  19,  at end insert—

‘Football Spectators Act 1989 (c. 37)

6A
In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989

(offences)—

(a)
for “Part III” substitute “Part 3 or 3A”; and

(b)
for “(racial hatred)” substitute “(hatred by reference to race etc)”.

Public Bill Committee: 20th November 2007
366

Criminal Justice and Immigration Bill, continued

Broadcasting Act 1990 (c. 42)

6B  (1)
Section 167 of the Broadcasting Act 1990 (power to make copies of

recordings) is amended as follows.

      (2)
In subsection (4)(b), after “section 24” insert “or 29H”.

      (3)
In subsection (5)(b), after “section 22” insert “or 29F”.’.

Mr David Hanson

238

Schedule  21,  page  223,  line  32,  at end insert—

    ‘(5)
Sub-paragraph (4) extends to England and Wales and Northern Ireland only.’.

Mr David Hanson

239

Schedule  21,  page  224,  line  4,  at end insert—

    ‘(4)
After paragraph (k) insert—

“(l)
the provision of support for children and young persons who

are subject to a violent offender order or an interim violent

offender order (within the meaning of Part 8 of the Criminal

Justice and Immigration Act 2008).”’.

Mr David Hanson

55

Schedule  21,  page  224,  leave out line 6 and insert—

‘8A
The Powers of Criminal Courts (Sentencing) Act 2000 has effect subject to the

following amendments.

9
In section 19(4)’.

Mr David Hanson

56

Schedule  21,  page  224,  line  10,  at end insert—

‘9A
In section 92 (detention under sections 90 and 91: place of detention etc.) omit

subsection (3).’.

Mr David Hanson

179

Schedule  21,  page  224,  line  10,  at end insert—

‘9B
In section 116 (power to order return to prison where offence committed

during original sentence), in subsection (7), for “section 84 above” substitute

“section 265 of the Criminal Justice Act 2003 (restriction on consecutive

sentences for released prisoners)”.’.

Mr David Hanson

240

Schedule  21,  page  224,  leave out lines 18 to 21.

Mr David Hanson

241

Schedule  21,  page  224,  line  23,  leave out paragraph 12 and insert—

‘12
The Sexual Offences Act 2003 has effect subject to the following amendments.

Public Bill Committee: 20th November 2007
367

Criminal Justice and Immigration Bill, continued

12A(1)
In section 133(1) (interpretation), in paragraph (a) of the definition of

“cautioned”, for “by a police officer” substitute “(or, in Northern Ireland,

cautioned by a police officer)”.

      (2)
This paragraph extends to England and Wales and Northern Ireland only.’.

Mr David Hanson

242

Schedule  21,  page  224,  line  27,  at end insert—

‘12B (1)
In section 138 (orders and regulations), at the end insert—

“(4)
Orders or regulations made by the Secretary of State under this Act

may—

(a)
make different provision for different purposes;

(b)
include supplementary, incidental, consequential, transitional,

transitory or saving provisions.”

      (2)
The amendment made by sub-paragraph (1), and the repeals in Part 3 of

Schedule 23 of sections 86(4) and 87(6) of the Sexual Offences Act 2003

(which are consequential on that amendment), extend to England and Wales

and Northern Ireland only.’.

Mr David Hanson

243

Schedule  21,  page  224,  line  27,   at end insert—

‘12C (1)
Schedule 3 (sexual offences in respect of which offender becomes subject to

notification requirements) is amended as follows.

      (2)
After paragraph 35 insert—

“35A
An offence under section 64 of the Criminal Justice and

Immigration Act 2008 (possession of extreme pornographic

images) if the offender—

(a)
was 18 or over, and

(b)
is sentenced in respect of the offence to imprisonment for a

term of at least 2 years.”

      (3)
After paragraph 92 insert—

“92A
An offence under section 64 of the Criminal Justice and

Immigration Act 2008 (possession of extreme pornographic

images) if the offender—

(a)
was 18 or over, and

(b)
is sentenced in respect of the offence to imprisonment for a

term of at least 2 years.”

      (4)
In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “35A”.

      (5)
This paragraph extends to England and Wales and Northern Ireland only.’.

Mr David Hanson

205

Schedule  21,  page  225,  line  12,  at end insert—

‘16A
In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain

time periods relating to bail and custody under Part 10), before paragraph (a)

insert—

“(za)
Saturday,”’.

Public Bill Committee: 20th November 2007
368

Criminal Justice and Immigration Bill, continued

Mr David Hanson

244

Schedule  21,  page  225,  line  12,  at end insert—

‘16B (1)
Section 325 (arrangements for assessing etc risks posed by certain offenders)

is amended as follows.

      (2)
In subsection (8), for “section 326” substitute “sections 326 and 327A”.

      (3)
After that subsection insert—

“(8A)
Responsible authorities must have regard to any guidance issued under

subsection (8) in discharging those functions.”

16C
In section 326(5)(a) (review of arrangements), for “and this section” substitute

“, this section and section 327A”.’.

Mr David Hanson

180

Schedule  21,  page  225,  line  15,  at end insert—

‘Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving

Provisions) Order 2005 (S.I. 2005/950)

17A
In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003

(Commencement No. 8 and Transitional and Saving Provisions) Order 2005

(saving from certain provisions of the Criminal Justice Act 2003 for sentences

of imprisonment of less than 12 months), for “sections 244 to 268” substitute

“sections 244 to 264 and 266 to 268”.’.

Mr David Hanson

245

Schedule  21,  page  225,  line  15,  at end insert—

‘Terrorism Act 2006 (c. 11)

17A(1)
Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as

follows.

      (2)
In the cross-heading before paragraph 6 (offences involving nuclear material),

after “material” add “or nuclear facilities”.

      (3)
In paragraph 6(1), after “section 1(1)” insert “(a) to (d)”.

      (4)
For paragraph 6(2) and (3) substitute—

  “(2)
An offence mentioned in section 1(1)(a) or (b) of that Act where the

act making the person guilty of the offence (whether done in the

United Kingdom or elsewhere)—

(a)
is directed at a nuclear facility or interferes with the

operation of such a facility, and

(b)
causes death, injury or damage resulting from the emission

of ionising radiation or the release of radioactive material.

      (3)
An offence under any of the following provisions of that Act—

(a)
section 1B (offences relating to damage to environment);

(b)
section 1C (offences of importing or exporting etc. nuclear

material: extended jurisdiction);

(c)
section 2 (offences involving preparatory acts and threats).

      (4)
Expressions used in this paragraph and that Act have the same

meanings in this paragraph as in that Act.”

Public Bill Committee: 20th November 2007
369

Criminal Justice and Immigration Bill, continued

      (5)
After paragraph 6 insert—

“6A(1)
Any of the following offences under the Customs and Excise

Management Act 1979—

(a)
an offence under section 50(2) or (3) (improper importation

of goods) in connection with a prohibition or restriction

relating to the importation of nuclear material;

(b)
an offence under section 68(2) (exportation of prohibited or

restricted goods) in connection with a prohibition or

restriction relating to the exportation or shipment as stores

of nuclear material;

(c)
an offence under section 170(1) or (2) (fraudulent evasion

of duty etc.) in connection with a prohibition or restriction

relating to the importation, exportation or shipment as

stores of nuclear material.

      (2)
In this paragraph “nuclear material” has the same meaning as in the

Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”’.

Mr David Hanson

246

Schedule  21,  page  225,  line  28,  at end insert—

‘Armed Forces Act 2006 (c. 52)

19A
In paragraph 12(ah) of Schedule 2 to the Armed Forces Act 2006 (offences)—

(a)
for “and 18 to 23” substitute “, 18 to 23 and 29B to 29G”; and

(b)
for “racial or religious hatred” substitute “hatred by reference to race

etc”.’.

Mr David Hanson

57

Schedule  22,  page  227,  line  22,  at end insert—

‘5A
In subsection (5) of section 148 of the Criminal Justice Act 2003 (c. 44)

(restrictions on imposing community sentences), as inserted by section 11 of

this Act, the reference to a youth rehabilitation order is to be read as including

a reference to any youth community order within the meaning of section

147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately

before the commencement of paragraph 72 of Schedule 4 to this Act).’.

Mr David Hanson

206

Schedule  22,  page  228,  line  19,  at end insert—

‘10A (1)
Subject to the following provisions of this paragraph, the Rehabilitation of

Offenders Act 1974 (c. 53) (as amended by Schedule 12 to this Act) applies to

cautions given before the commencement date as it applies to cautions given

on or after that date.

      (2)
A caution given before the commencement date shall be regarded as a spent

caution at a time determined in accordance with sub-paragraphs (3) to (8).

      (3)
A caution other than a conditional caution (as defined in section 8A(2)(a) of

the 1974 Act) shall be regarded as a spent caution on the commencement date.

Public Bill Committee: 20th November 2007
370

Criminal Justice and Immigration Bill, continued

      (4)
If the period of three months from the date on which a conditional caution was

given ends on or before the commencement date, the caution shall be regarded

as a spent caution on the commencement date unless sub-paragraph (7)

applies.

      (5)
If the period of three months from the date on which a conditional caution was

given ends after the commencement date, the caution shall be regarded as a

spent caution at the end of that period of three months unless sub-paragraph (7)

applies.

      (6)
Sub-paragraph (7) applies if—

(a)
before the date on which the caution would be regarded as a spent

caution in accordance with sub-paragraph (4) or (5) (“the relevant

date”), the person concerned is convicted of the offence in respect of

which the caution was given, and

(b)
the rehabilitation period for the offence ends after the relevant date.

      (7)
The caution shall be regarded as a spent caution at the end of the rehabilitation

period for the offence.

      (8)
If, on or after the date on which the caution becomes regarded as a spent

caution in accordance with sub-paragraph (4) or (5), the person concerned is

convicted of the offence in respect of which the caution was given—

(a)
the caution shall be treated for the purposes of Schedule 2 to the 1974

Act as not having become spent in relation to any period before the end

of the rehabilitation period for the offence, and

(b)
the caution shall be regarded as a spent caution at the end of that

rehabilitation period.

      (9)
In this paragraph, “the commencement date” means the date on which section

54 comes into force.’.

Mr David Hanson

285

Schedule  22,  page  230,  line  33,  at end insert—

    ‘(3)
Section (Requests to other member States: Northern Ireland) does not apply in

relation to financial penalties (within the meaning of that section) imposed

before that section comes into force.

      (4)
Section (Requests from other member States: Northern Ireland) does not apply

in relation to financial penalties (within the meaning of that section) imposed

before that section comes into force.’.

Mr David Hanson

247

Schedule  22,  page  231,  line  24,  at end insert—

‘Part 7A

Police

Police misconduct and performance procedures

24A(1)
This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 19 come

into force before the relevant provisions of the Legal Services Act 2007 come

into force.

      (2)
Until the relevant provisions of the Legal Services Act 2007 come into force—

(a)
section 84 of the Police Act 1996 (c. 16) (as substituted by paragraph

7 of that Schedule and as referred to in the subsection (4) of section 85

of that Act substituted by paragraph 8(3) of that Schedule) has effect