House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 20th November 2007
392

Criminal Justice and Immigration Bill, continued

in a member State other than the United Kingdom were a reference to the person

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

(4)
In this section—

(a)
“designated officer of the Northern Ireland Court Service” means a

member of the staff of the Northern Ireland Court Service designated by

the Lord Chancellor for the purposes of this section;

(b)
“financial penalty” means—

(i)
a fine imposed by a court in Northern Ireland on the person’s

conviction of an offence;

(ii)
any sum payable under a compensation order (within the

meaning of article 14 of the Criminal Justice (Northern Ireland)

Order 1994 (S.I.1994/2795 (N.I.15));

(iii)
any sum payable under an order made under section 2(1), 4(1) or

5(1) of the Costs in Criminal Cases Act (Northern Ireland) 1968

(N.I. 10) or section 41(1) of the Criminal Appeal (Northern

Ireland) Act 1980 (c. 47);

(iv)
any fine or other sum mentioned in section 76(5)(a) to (d), or any

fine imposed by a court in Scotland, which is enforceable in a

petty sessions district in Northern Ireland by virtue of Article 96

of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/1675 (N.I.26));

(v)
any other financial penalty, within the meaning of the

Framework Decision on financial penalties, specified in an order

made by the Lord Chancellor.’.

Procedure on receipt of certificate by Lord Chancellor: Northern Ireland

Mr David Hanson

NC43

To move the following Clause:—

‘(1)
This section applies where a designated officer has issued a certificate under

section (Requests to other member States: Northern Ireland)(1).

(2)
The designated officer must give the Lord Chancellor the certificate, together

with a certified copy of the decision 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.

(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 Northern Ireland 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,

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.’.

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

Modification of Magistrates’ Courts Act 1980

Mr David Hanson

NC44

To move the following Clause:—

‘(1)
Section 90 of the Magistrates’ Courts Act 1980 (c. 43) is modified as follows in

its application to financial penalties by virtue of section 79(7) above.

(2)
Subsection (1) applies as if for the words from “he is residing” to the end of that

subsection there were substituted “he is residing, or has property or a source of

income, in any petty sessions district in Northern Ireland—

(a)
the court or the fines officer (as the case may be) may order that

payment of the sum shall be enforceable in that petty sessions

district, and

(b)
if such an order is made, the court or the fines officer must notify

the Lord Chancellor.” ’.

Requests from other member States: Northern Ireland

Mr David Hanson

NC45

To move the following Clause:—

‘(1)
This section applies where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the Lord Chancellor—

(i)
a certificate requesting enforcement under the Framework

Decision on financial penalties, and

(ii)
the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

and

(b)
the financial penalty is suitable for enforcement in Northern Ireland (see

section 80(A1)).

(2)
If the certificate states that the person required to pay the financial penalty is

normally resident in Northern Ireland, the Lord Chancellor must give the

documents mentioned in subsection (1)(a) to the clerk of petty sessions for the

petty sessions district in which it appears that the person is normally resident.

(3)
Otherwise, the Lord Chancellor must give the documents mentioned in

subsection (1)(a) to the clerk of petty sessions for such petty sessions district as

appears appropriate.

(4)
Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor

must also give the clerk of petty sessions 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,

subsection (2) applies as if the reference to the petty sessions district in which it

appears that the person is normally resident were a reference to the petty sessions

district in which it appears that the person has its registered office.

(6)
Where—

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

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the central authority for Scotland the

documents mentioned in subsection (1), and

(b)
without taking any action to enforce the financial penalty in Scotland, the

central authority for Scotland gives the documents to the Lord

Chancellor,


this section applies as if the competent authority or central authority gave the

documents to the Lord Chancellor.’.

Procedure on receipt of certificate by clerk of petty sessions

Mr David Hanson

NC46

To move the following Clause:—

‘(1)
This section applies where the Lord Chancellor gives the clerk of petty sessions

for a petty sessions district—

(a)
a certificate requesting enforcement under the Framework Decision on

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 (Requests from other member States: Northern

Ireland)(4).

(2)
The clerk must refer the matter to a magistrates’ court acting for the petty sessions

district.

(3)
The magistrates’ court must decide whether it is satisfied that any of the grounds

for refusal apply (see section 80(1)).

(4)
The clerk must inform the Lord Chancellor of the decision of the magistrates’

court.

(5)
Subsection (6) applies unless the magistrates’ court is satisfied that one or more

of the grounds for refusal apply.

(6)
Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675

(N.I.26)), and any instrument made under that Part, apply in relation to the

financial penalty as if it were a sum adjudged to be paid by a conviction of the

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

subsection (4).

(7)
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.’.

Modification of Magistrates’ Courts (Northern Ireland) Order 1981

Mr David Hanson

NC47

To move the following Clause:—

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

‘(1)
Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I 1981/1675

(N.I. 26) is modified as follows in its application to financial penalties by virtue

of section (Procedure on receipt of certificate by clerk of petty sessions)(6) above.

(2)
Article 92 applies in relation to any financial penalty for an amount exceeding

£20,000 as if for paragraph (5) there were substituted—

  “(5)
The period for which a person may be committed to prison under this

Article in default of payment or levy of any sum or part of such sum

shall not exceed the maximum period which the Crown Court could

have fixed under section 35(1)(c) of the Criminal Justice Act

(Northern Ireland) 1945 had the financial penalty been a fine imposed

by the Crown Court.”

(3)
For the purpose of determining whether a financial penalty specified in a currency

other than sterling is for an amount exceeding £20,000, the exchange rate

prevailing on the relevant date must be used.

(4)
In subsection (3), the “relevant date” means the date on which the decision

imposing the financial penalty was made.

(5)
Article 95 applies as if for the words from “he is residing” in paragraph (1) to the

end of that paragraph there were substituted “he is residing, or has property or a

source of income, in any local justice area in England and Wales—

(a)
the court may order that payment of the sum shall be enforceable

in that local justice area, and

(b)
if such an order is made, the court must notify the Lord

Chancellor.” ’.

Transfer of certificates to central authority for Scotland

Mr David Hanson

NC48

To move the following Clause:—

‘(1)
This section applies where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the Lord Chancellor—

(i)
a certificate requesting enforcement under the Framework

Decision on financial penalties, and

(ii)
the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

but

(b)
the Lord Chancellor is not required by section 78 or (Requests from other

member States: Northern Ireland) to give the documents to a designated

officer for a local justice area in England and Wales or to a clerk of petty

sessions for a petty sessions district in Northern Ireland.

(2)
If the certificate states that the person is normally resident or has property or a

source of income in Scotland, the Lord Chancellor must give the documents to

the central authority for Scotland.’.

Public Bill Committee: 20th November 2007
396

Criminal Justice and Immigration Bill, continued

Unlicensed on-street racing

John Hemming

NC1

To move the following Clause:—

‘(1)
The Police Reform Act 2002 (c.30) is amended as follows.

(2)
After section 59(2) insert—

“(2A)
A constable in uniform shall also have the powers set out in subsection

(3) where he has reasonable grounds for believing that a motor vehicle—

(a)
is acting with others in a way which appears to have involved, or

is likely to involve, unlicensed on-street racing, and

(b)
is causing, or is likely to cause, alarm, distress or annoyance of

members of the public.”.’.

Amendment of the Criminal Law Act 1967

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Mr Philip Hollobone

NC2

To move the following Clause:—

‘(1)
The Criminal Law Act 1967 (c. 58) is amended as follows.

(2)
In section 3 (use of force in making arrest, etc.), after subsection (1), insert—

“(1A)
Where a person uses force in the prevention of crime or in the defence of

persons or property on another who is in any building or part of a building

having entered as a trespasser or is attempting so to enter, that person

shall not be guilty of any offence in respect of the use of that force

unless—

(a)
the degree of force used was grossly disproportionate, and

(b)
this was or ought to have been apparent to the person using such

force.

(1B)
No prosecution shall be brought against a person subject to subsection

(1A) without the leave of the Attorney General.

(1C)
In this section “building or part of a building” shall have the same

meaning as in section 9 of the Theft Act 1968 (c. 60) (burglary).”.’.

Public Bill Committee: 20th November 2007
397

Criminal Justice and Immigration Bill, continued

Amendment of the Criminal Law Act (Northern Ireland) 1967

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Mr Philip Hollobone

NC3

To move the following Clause:—

‘(1)
The Criminal Law Act (Northern Ireland) 1967 (c. 18 NI)) is amended as follows.

(2)
In section 3 (use of force in making arrest, etc.), after subsection (1), insert—

“(1A)
Where a person uses force in the prevention of crime or in the defence of

persons or property on another who is in any building or part of a building

having entered as a trespasser or is attempting so to enter, that person

shall not be guilty of any offence in respect of the use of that force

unless—

(a)
the degree of force used was grossly disproportionate, and

(b)
this was or ought to have been apparent to the person using such

force.

(1B)
No prosecution shall be brought against a person subject to subsection

(1A) without the leave of the Attorney General.

(1C)
In this section “building or part of a building” shall have the same

meaning as in section 9 of the Theft Act (Northern Ireland) 1969 (c. 16

NI)) (burglary).”.’.

Indeterminate sentences: determination of tariffs

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC4

To move the following Clause:—

‘(1)
Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(determination of tariffs in cases where the sentence is not fixed by law) is

amended as follows.

(2)
For subsections (2) to (4A) substitute—

“(1A)
The court shall have a complete discretion to set the minimum period to

be served in custody by an offender subject to a discretionary life

sentence for public protection.

(1B)
In setting that period the court must take into account—

(a)
the seriousness of the offence,

(b)
the danger to the public represented by the offender,

(c)
the impact of the offence on the victim, his family and the local

community where the offence took place,

(d)
the offender’s previous criminal record,

(e)
the need for rehabilitation of the offender, and

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

(f)
any other factor the court considers relevant.”.’.

Consecutive terms of imprisonment

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC5

To move the following Clause:—

‘(1)
Section 181 (prison sentences of less than 12 months) of the Criminal Justice Act

2003 (c. 44) is amended as follows.

(2)
For subsection (7) substitute—

“(6A)
Where a court imposes two or more terms of imprisonment in accordance

with this section to be served consecutively, the court shall have

complete discretion to set the aggregate length of the terms of

imprisonment subject to a maximum of 65 weeks and may suspend all or

part of the total period of imprisonment.”.’.

Preconditions to imposing a youth rehabilitation order

Mr David Heath

David Howarth

nc6

To move the following Clause:—

‘(1)
A court may not make a youth rehabilitation order in respect of an offender

unless—

(a)
the offender was legally represented at the relevant time in court, or

(b)
either of the conditions in subsection (2) is satisfied.

(2)
Those conditions are—

(a)
that the offender was granted a right to representation funded by the

Legal Services Commission as part of the Criminal Defence Service for

the purposes of the proceedings but the right was withdrawn because of

the offender’s conduct, or

(b)
that the offender has been informed of the right to apply for such

representation for the purposes of the proceedings and has had the

opportunity to do so, but nevertheless refused or failed to apply.

(3)
In this section “the relevant time” means the time when the court is considering

whether to make that order.’.