House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 20th November 2007
378

Criminal Justice and Immigration Bill, continued

‘(1)
The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2)
In section 2 (appeals against conviction), after subsection (1B) (as inserted by

section 26(2)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether the
5
conviction is unsafe the Court may, if they think it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the conviction.”

(3)
In section 13 (disposal of appeals against verdict of not guilty by reason of

insanity), after subsection (1B) (as inserted by section 26(2A)) insert—
10
“(1C)
In determining for the purposes of subsection (1)(a) whether the verdict

is unsafe the Court may, if they think it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the verdict.”’.

(4)
In section 16 (disposal of appeals against finding of disability), after subsection
15
(1B) (as inserted by section 26(2B)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether a finding is

unsafe the Court may, if they think it appropriate in all the circumstances

of the case, disregard any development in the law since the date of the

finding.” ’.

As an Amendment to Mr David Hanson’s proposed New Clause (Power of Court of

Appeal to disregard developments in the law) (NC28):—

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

(a)

Line  6,  after ‘case’, insert ‘and are satisfied that it would not give rise to

substantial injustice’.

Meaning of unsafe: Northern Ireland

Mr David Hanson

NC29

To move the following Clause:—

‘(1)
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2)
In section 2 (grounds for allowing an appeal against conviction) after subsection

(1) insert—

“(1A)
For the purposes of subsection (1)(a), the conviction is not unsafe if the

Court thinks that there is no reasonable doubt about the appellant’s guilt.

(1B)
Subsection (1A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the conviction to stand.”

(3)
In section 12 (appeal against finding of not guilty on ground of insanity), after

subsection (2) insert—

Public Bill Committee: 20th November 2007
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Criminal Justice and Immigration Bill, continued

“(2A)
For the purposes of subsection (2)(a), the finding shall not be regarded as

unsafe for a reason unrelated to the correctness of the finding of insanity

if the Court thinks that there is no reasonable doubt that the accused did

the act or made the omission charged.

(2B)
Subsection (2A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the finding to stand.”

(4)
In section 13A (appeal against finding of unfitness to be tried), after subsection

(3) insert—

“(3A)
For the purposes of subsection (3)(a), a finding shall not be regarded as

unsafe for a reason unrelated to the correctness of the finding that the

accused is unfit to be tried if the Court thinks that there is no reasonable

doubt that the accused did the act or made the omission charged.

(3B)
Subsection (3A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the finding to stand.”’.

(5)
In section 25 (evidence)—

(a)
in subsection (2)(b) after “allowing” insert “or dismissing”, and

(b)
in subsection (2)(c) for “which is the subject of the appeal” substitute

“which is relevant to the determination of the appeal”.

(6)
After section 29 insert—

“Supplementary

29A
Evidence given after close of prosecution case

In determining an appeal under this Part, the Court of Appeal shall not

disregard any evidence solely on the ground that it was given after the

judge at the appellant’s trial wrongly permitted the trial to continue after

the close of the evidence for the prosecution.”’.

Power of Court of Appeal to disregard developments in the law: Northern Ireland

Mr David Hanson

NC30

To move the following Clause:—

‘(1)
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2)
In section 2 (appeals against conviction), after subsection (1B) (as inserted by

section (Meaning of unsafe: Northern Ireland)(2)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether the

conviction is unsafe the Court may, if it thinks it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the conviction.”

(3)
In section 12 (appeal against finding of not guilty on ground of insanity), after

subsection (2B) (as inserted by section (Meaning of unsafe: Northern Ireland)(3))

insert—

Public Bill Committee: 20th November 2007
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Criminal Justice and Immigration Bill, continued

“(2C)
In determining for the purposes of subsection (2)(a) whether the finding

is unsafe the Court may, if it thinks it appropriate in all the circumstances

of the case, disregard any development in the law since the date of the

finding.”.

(4)
In section 13A (appeal against finding of unfitness to be tried), after subsection

(3B) (as inserted by section (Meaning of unsafe: Northern Ireland)(4)) insert—

“(3C)
In determining for the purposes of subsection (3)(a) whether a finding is

unsafe the Court may, if it thinks it appropriate in all the circumstances

of the case, disregard any development in the law since the date of the

finding. ” ’.

Determination of prosecution appeals: Northern Ireland

Mr David Hanson

NC31

To move the following Clause:—

‘In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/

1500) (determination of prosecution appeals by Court of Appeal) for paragraph

(5) substitute—

“(5)
But the Court of Appeal may not make an order under paragraph (4)(c)

in respect of an offence unless it considers that the defendant could not

receive a fair trial if an order were made under paragraph (4)(a) or (b).”’.

SFO’s pre-investigation powers in relation to bribery and corruption: foreign officers etc

Mr David Hanson

NC32

To move the following Clause:—

‘(1)
The Criminal Justice Act 1987 (c. 38) is amended as follows.

(2)
After section 2 insert—

“2A
Director’s pre-investigation powers in relation to bribery and

corruption: foreign officers etc

(1)
The powers of the Director under section 2 are also exercisable for the

purpose of enabling him to determine whether to start an investigation

under section 1 in a case where it appears to him that conduct to which

this section applies may have taken place.

(2)
But—

(a)
the power under subsection (2) of section 2 is so exercisable only

if it appears to the Director that for the purpose of enabling him

to make that determination it is expedient to require any person

appearing to him to have relevant information to do as mentioned

in that subsection, and

Public Bill Committee: 20th November 2007
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Criminal Justice and Immigration Bill, continued

(b)
the power under subsection (3) of that section is so exercisable

only if it appears to the Director that for that purpose it is

expedient to require any person to do as mentioned in that

subsection.

(3)
Accordingly, where the powers of the Director under section 2 are

exercisable in accordance with subsections (1) and (2) above—

(a)
the reference in subsection (2) of that section to the person under

investigation or any other person whom the Director has reason

to believe has relevant information is to be read as a reference to

any such person as is mentioned in subsection (2)(a) above,

(b)
the reference in subsection (3) of that section to the person under

investigation or any other person is to be read as a reference to

any such person as is mentioned in subsection (2)(b) above, and

(c)
any reference in subsection (2), (3) or (4) of that section to the

investigation is to be read as a reference to the making of any

such determination as is mentioned in subsection (1) above.

(4)
Any reference in section 2(16) to the carrying out of an investigation by

the Serious Fraud Office into serious or complex fraud includes a

reference to the making of any such determination as is mentioned in

subsection (1) above.

(5)
This section applies to any conduct which, as a result of section 108 of

the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption:

foreign officers etc), constitutes a corruption offence (wherever

committed).

(6)
The following are corruption offences for the purposes of this section—

(a)
any common law offence of bribery;

(b)
the offences under section 1 of the Public Bodies Corrupt

Practices Act 1889 (corruption in office); and

(c)
the offences under section 1 of the Prevention of Corruption Act

1906 (corrupt transactions with agents).”

(3)
In section 17(3) (provisions of Act extending to Northern Ireland) after “sections

2” insert “, 2A”.

(4)
This section extends to England and Wales and Northern Ireland only.’.

Special rules relating to providers of information society services

Mr David Hanson

NC33

To move the following Clause:—

‘Schedule (Special rules relating to providers of information society services)

makes special provision in connection with the operation of section 64 in relation

to persons providing information society services within the meaning of that

Schedule.’.

Public Bill Committee: 20th November 2007
382

Criminal Justice and Immigration Bill, continued

Hatred on the grounds of sexual orientation

Mr David Hanson

NC34

To move the following Clause:—

‘Schedule (Hatred on the grounds of sexual orientation)—

(a)
amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against

persons on religious grounds) to make provision about hatred against a

group of persons defined by reference to sexual orientation, and

(b)
makes minor amendments of that Part.’.

Sexual offences committed outside the United Kingdom

Mr David Hanson

NC35

To move the following Clause:—

‘(1)
For section 72 of the Sexual Offences Act 2003 (c. 42) substitute—

“72
Offences outside the United Kingdom

(1)
If—

(a)
a United Kingdom national does an act in a country outside the

United Kingdom, and

(b)
the act, if done in England and Wales or Northern Ireland, would

constitute a sexual offence to which this section applies,


the United Kingdom national is guilty in that part of the United Kingdom

of that sexual offence.

(2)
If—

(a)
a United Kingdom resident does an act in a country outside the

United Kingdom,

(b)
the act constitutes an offence under the law in force in that

country, and

(c)
the act, if done in England and Wales or Northern Ireland, would

constitute a sexual offence to which this section applies,


the United Kingdom resident is guilty in that part of the United Kingdom

of that sexual offence.

(3)
If—

(a)
a person does an act in a country outside the United Kingdom at

a time when the person was not a United Kingdom national or a

United Kingdom resident,

(b)
the act constituted an offence under the law in force in that

country,

(c)
the act, if done in England and Wales or Northern Ireland, would

have constituted a sexual offence to which this section applies,

and

(d)
the person meets the residence or nationality condition at the

relevant time,

Public Bill Committee: 20th November 2007
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Criminal Justice and Immigration Bill, continued


proceedings may be brought against the person in that part of the United

Kingdom for that sexual offence as if the person had done the act there.

(4)
The person meets the residence or nationality condition at the relevant

time if the person is a United Kingdom national or a United Kingdom

resident at the time when the proceedings are brought.

(5)
An act punishable under the law in force in any country constitutes an

offence under that law for the purposes of subsections (2) and (3)

however it is described in that law.

(6)
The condition in subsection (2)(b) or (3)(b) is to be taken to be met

unless, not later than rules of court may provide, the defendant serves on

the prosecution a notice—

(a)
stating that, on the facts as alleged with respect to the act in

question, the condition is not in the defendant’s opinion met,

(b)
showing the grounds for that opinion, and

(c)
requiring the prosecution to prove that it is met.

(7)
But the court, if it thinks fit, may permit the defendant to require the

prosecution to prove that the condition is met without service of a notice

under subsection (6).

(8)
In the Crown Court the question whether the condition is met is to be

decided by the judge alone.

(9)
In this section—

“country” includes territory;

“United Kingdom national” means an individual who is—

(a)
a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen;

(b)
a person who under the British Nationality Act 1981 is a British

subject; or

(c)
a British protected person within the meaning of that Act;

“United Kingdom resident” means an individual who is resident in the

United Kingdom.

(10)
Schedule 2 lists the sexual offences to which this section applies.”

(2)
Schedule 2 to that Act (list of sexual offences to which section 72 applies) is

amended as follows.

(3)
In paragraph 1 (offences under the law of England and Wales)—

(a)
for paragraphs (a) and (b) substitute—

“(a)
an offence under any of sections 5 to 19, 25 and 26

and 47 to 50;

(b)
an offence under any of sections 1 to 4, 30 to 41 and

61 where the victim of the offence was under 18 at the

time of the offence;”;

(b)
in paragraph (c), for “16” substitute “18”; and

(c)
in paragraph (d), omit “in relation to a photograph or pseudo-photograph

showing a child under 16”.

(4)
In paragraph 2 (offences under the law of Northern Ireland)—

(a)
in sub-paragraph (1)(c)(iv), for “17” substitute “18”; and

Public Bill Committee: 20th November 2007
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Criminal Justice and Immigration Bill, continued

(b)
in sub-paragraph (2), for “17” substitute “18”.’.

Sexual offences: grooming and adoption

Mr David Hanson

NC36

To move the following Clause:—

‘Schedule (Sexual offences: grooming and adoption)—

(a)
amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a

child following sexual grooming etc),

(b)
amends that Act in relation to adoption, and

(c)
amends the Adoption Act 1976 (c. 36) in relation to offences under

sections 64 and 65 of the Sexual Offences Act 2003 (c. 42).’.

Review of violent offender orders in respect of young offenders

Mr David Hanson

NC37

To move the following Clause:—

‘(1)
This section applies where a violent offender order has been made in respect of

an offender who was under 17 at the time when the order was made (“the young

offender”).

(2)
If—

(a)
the young offender will be under 18 at the end of a review period (see

subsection (2)), and

(b)
the young offender will be subject to the violent offender order at the end

of that period,


the appropriate chief officer of police must before the end of that period carry out

a review of the operation of the order.


But this subsection ceases to apply if the order is discharged under section 87

before the end of that period.

(3)
The “review periods” are—

(a)
the period of 12 months beginning with—

(i)
the day on which the order was made, or

(ii)
if one or more supplemental orders were made during that

period, the date on which the supplemental order (or the last

supplemental order) was made;

(b)
a period of 12 months beginning with—

(i)
the day after the end of the previous review period, or

(ii)
if one or more supplemental orders were made during that

period, the date on which the supplemental order (or the last

supplemental order) was made.

(4)
A review under this section must include consideration of—