House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 20th November 2007
406

Criminal Justice and Immigration Bill, continued

“11A
Protection of vulnerable persons following conviction

(1)
Where a court has proceeded in the absence of an accused under section

11 and following conviction the court or its officers are informed or

discover that the convicted person falls into a vulnerable category as laid

down by page 9 of the National Standards for Enforcement Agents, no

further steps under a fines collection order or enforcement measure shall

be taken until the court has held an inquiry into the means and

circumstances of the convicted person in his/her presence.

(2)
When conducting an inquiry into means and circumstances of the

convicted persons under subsection (1) the court shall also consider

whether any other occupant of the property in which the convicted person

resides falls into a vulnerable category.

(3)
Where on having conducted the inquiries required by subsection (1) in

the presence of the convicted person who is subject to the fine, and

having considered the situation of any other occupant required by

subsection (2), the court may vary the level of fine imposed on the

convicted person or substitute it with another penalty it considers

appropriate.

(4)
Where, on having conducted the inquiries required by subsection (1) in

the presence of the convicted person and having consdered the situation

of any other occupant as required by subsection (2), the court may place

such restrictions on enforcement as it sees fit and amend any fines

collection order as it sees fit, including withdrawing or cancelling the

order.

(5)
Where the court or its officers are informed or discover that a convicted

person falls or is likely to fall into a vulnerable category any warrant of

distress issued will be suspended and returned to the court for further

consideration.”’.

Provision of attendance centres

Mr David Heath

David Howarth

NC24

To move the following Clause:—

‘(1)
Section 221 of the Criminal Justice Act 2003 (c. 44) (provision of attendance

centres) is amended as follows.

(2)
In subsection (1) after “provide attendance centres”, insert “for offenders aged 18

and under 21; and through the Youth Justice Board to provide funding for

attendance centres for offenders aged 10 and under 18”.

(3)
After subsection (1) insert—

“(1A)
Youth offending teams may provide attendance centres for offenders

aged 10 and under 18.”

(4)
In subsection (2) for “25” substitute “21”.

(5)
In subsection (3) after “centres”, insert “for offenders aged 18 and under 21”.

(6)
After subsection (3) insert—

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

“(4)
For the purpose of providing attendance centres, youth offending teams

may make arrangements with any authority or organisation for the use of

their premises.”’.

Offence of pretending to be a legal executive

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC25

To move the following Clause:—

‘(1)
It is an offence for a person who is not a legal executive—

(a)
wilfully to pretend to be a legal executive, or

(b)
with the intention of implying falsely that that person is a legal executive,

to take or use any name, title or description.

(2)
A person who is guilty of an offence under subsection (1) is liable—

(a)
on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum (or both), and

(b)
on conviction on indictment, to imprisonment for a term not exceeding 2

years or a fine (or both).

(3)
In relation to an offence under subsection (1) committed before the

commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the

reference in subsection (2)(a) to 12 months is to be read as a reference to six

months.

(4)
In this section “legal executive” means a Fellow of the Institute of Legal

Executives.’.

Restriction on extradition in cases where trial in United Kingdom more appropriate

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC26

To move the following Clause:—

‘(1)
The Extradition Act 2003 (c. 41) is amended as follows.

(2)
In section 11 (bars to extradition)—

(a)
at the end of subsection (1) there is inserted—

“(j)
forum.”;

(b)
in subsection (2), for the words from “12” to “apply” there is substituted

“12 to 19B apply”.

(3)
After section 19A there is inserted—

Public Bill Committee: 20th November 2007
408

Criminal Justice and Immigration Bill, continued

“19B
Forum

(1)
A person’s extradition to a category 1 territory (“the requesting

territory”) is barred by reason of forum if (and only if) it appears that—

(a)
a significant part of the conduct alleged to constitute the

extradition offence is conduct in the United Kingdom, and

(b)
in view of that an all the other circumstances, it would not be in

the interests of justice for the person to be tried for the offence in

the requesting territory.

(2)
For the purposes of subsection (1)(b) the judge must take into account

whether the relevant prosecution authorities in the United Kingdom have

decided not to take proceedings against the person in respect of the

conduct in question.

(3)
This section does not apply if the person is alleged to be unlawfully at

large after conviction of the extradition offence.”

(4)
In section 79 (bars to extradition)—

(a)
at the end of subsection (1) there is inserted—

“(e)
forum.”;

(f)
in subsection (2), for “Sections 80 to 83” there is substituted

“Sections 80 to 83A”.

(5)
After section 83 there is inserted—

“83A
Forum

(1)
A person’s extradition to a category 2 territory (“the requesting

territory”) is barred by reason of forum if (and only if) it appears that—

(a)
a significant part of the conduct alleged to constitute the

extradition offence is conduct in the United Kingdom, and

(b)
in view of that and all the other circumstances, it would not be in

the interests of justice for the person to be tried for the offence in

the requesting territory.

(2)
For the purposes of subsection (1)(b) the judge must take into account

whether the relevant prosecution authorities in the United Kingdom have

decided not to take proceedings against the person in respect of the

conduct in question.

(3)
This section does not apply if the person is alleged to be unlawfully at

large after conviction of the extradition offence.”’.

Qualification for jury service

Mr Charles Walker

nc27

To move the following Clause:—

‘(1)
The Juries Act 1974 (c. 23) is amended as follows.

(2)
For section 1 (qualification for jury service) substitute—

Public Bill Committee: 20th November 2007
409

Criminal Justice and Immigration Bill, continued

“1
Qualification for jury service

(1)
Subject to the provisions of this Act, every person shall be qualified to

serve as a juror in the Crown Court, the High Court and county courts and

be liable accordingly to attend for jury service when summoned under

this Act if—

(a)
he is for the time being registered as a parliamentary or local

government elector and is not less than eighteen nor more than

seventy years of age;

(b)
he has been ordinarily resident in the United Kingdom, the

Channel Islands or the Isle of Man for any period of at least five

years since attaining the age of thirteen;

(c)
he has capacity in relation to jury service; and

(d)
he is not disqualified for jury service.

(2)
In this section “capacity” has the same meaning as in section 2 of the

Mental Capacity Act 2005 (c. ).

(3)
The persons who are disqualified for jury service are those listed in

Schedule 1 to this Act.”.

(3)
For Schedule 1 (mentally disordered persons and persons disqualified for jury

service) substitute—

“Schedule 1

persons disqualified for jury service

1
A person who is on bail in criminal proceedings (within the meaning

of the Bail Act 1976).

2
A person who has at any time been sentenced in the United Kingdom,

the Channel Islands or the Isle of Man—

(a)
to imprisonment for life, detention for life or custody for life,

(b)
to detention during her Majesty’s pleasure or during the

pleasure of the Secretary of State,

(c)
to imprisonment for public protection or detention for public

protection,

(d)
to an extended sentence under section 227 or 228 of the

Criminal Justice Act 2003 or section 210A of the Criminal

Procedure (Scotland) Act 1995, or

(e)
to a term of imprisonment of five years or more or a term of

detention of five years or more.

3
A person who at any time in the last 10 years has—

(a)
in the United Kingdom, the Channel Islands or the Isle of

Man—

(i)
served any part of a sentence of imprisonment or a

sentence of detention, or

(ii)
had passed on him a suspended sentence of

imprisonment or had made in respect of him a

suspended order for detention,

(b)
in England and Wales, had made in respect of him a

community order under section 177 of the Criminal Justice

Act 2003, a community rehabilitation order, a community

punishment order, a community punishment and

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

rehabilitation order, a drug treatment and testing order or a

drug abstinence order, or

(c)
had made in respect of him any corresponding order under the

law of Scotland, Northern Ireland, the Isle of Man or any of

the Channel Islands.

4
For the purposes of this Schedule—

(a)
a sentence passed by a court-martial is to be treated as having

been passed in the United Kingdom, and

(b)
a person is sentenced to a term of detention if, but only if—

(i)
a court passes on him, or makes in respect of him on

conviction, any sentence or order which requires him

to be detained in custody for any period, and

(ii)
the sentence or order is available only in respect of

offenders below a certain age,


and any reference to serving a sentence of detention is to be

construed accordingly.”’.

Hatred on grounds of sexual orientation

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC49

To move the following Clause:—

‘(1)
Save where expressly limited by subsection (2) below, nothing in this section

affects any person’s right—

(a)
to respect for private and family life, his home and his correspondence;

(b)
to freedom of thought, conscience and religion, including the right to

change his religion or belief and freedom, either alone or in community

with others and in public or private, to manifest his religion or belief, in

worship, teaching, practice and observance;

(c)
to freedom of expression, including the freedom to hold opinions and to

receive and impart information and ideas without interference by any

person or public authority;

(d)
to freedom of peaceful assembly and to freedom of association with

others.

(2)
It is an offence whether by words or acts for any person to do, or to incite any

other person to do, any act with the intention of causing physical or mental harm

to any person or group of persons on the basis of hatred of their sexual orientation

or presumed sexual orientation.

(3)
In this section “words” and “acts” include the making known to any third party

of oral, written or printed words by any method of publication including

electronic, wireless or internet media, and an offence under this section may be

committed in a public or a private place.

(4)
Where a body corporate is guilty of an offence under this section and it is shown

that the offence was committed with the consent or connivance of a director,

manager, secretary or other similar officer of the body, or a person purporting to

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

act in any such capacity, he as well as the body corporate is guilty of the offence

and liable to be proceeded against and punished accordingly.

(5)
Where the affairs of the body corporate are managed by its members, subsection

(4) applies in relation to the acts and defaults of a member in connection with his

functions of management as it applies to a director.

(6)
No criminal proceedings under this section may be initiated or continued save by

the Crown and with the permission of the Attorney General.

(7)
A person guilty of an offence under this section shall be liable—

(a)
on conviction on indictment, to imprisonment for a term not exceeding

two years, or a fine, or both; or

(b)
on summary conviction, to imprisonment for a term not exceeding six

months, or a fine not exceeding the statutory maximum, or both.’.

New Schedules

Mr David Hanson

NS1

To move the following Schedule:—

‘Special rules relating to providers of information society services

Domestic service providers: extension of liability

1    (1)
This paragraph applies where a service provider is established in England and

Wales or Northern Ireland (a “domestic service provider”).

      (2)
Section 64(1) applies to a domestic service provider who—

(a)
is in possession of an extreme pornographic image in an EEA state

other than the United Kingdom, and

(b)
is in possession of it there in the course of providing information

society services,


as well as to persons (of any description) who are in possession of such images

in England and Wales or Northern Ireland.

      (3)
In the case of an offence under section 64, as it applies to a domestic service

provider by virtue of sub-paragraph (2)—

(a)
proceedings for the offence may be taken at any place in England and

Wales or Northern Ireland, and

(b)
the offence may for all incidental purposes be treated as having been

committed at any such place.

      (4)
Nothing in this paragraph is to be read as affecting the operation of any of

paragraphs 3 to 5.

Non-UK service providers: restriction on institution of proceedings

2    (1)
This paragraph applies where a service provider is established in an EEA state

other than the United Kingdom (a “non-UK service provider”).

      (2)
Proceedings for an offence under section 64 may not be instituted against a

non-UK service provider in respect of anything done in the course of the

provision of information society services unless the derogation condition is

satisfied.

      (3)
The derogation condition is satisfied where the institution of proceedings—

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

(a)
is necessary for the purposes of the public interest objective;

(b)
relates to an information society service that prejudices that objective

or presents a serious and grave risk of prejudice to that objective; and

(c)
is proportionate to that objective.

      (4)
“The public interest objective” means the pursuit of public policy.

Exceptions for mere conduits

3    (1)
A service provider is not capable of being guilty of an offence under section

64 in respect of anything done in the course of providing so much of an

information society service as consists in—

(a)
the provision of access to a communication network, or

(b)
the transmission in a communication network of information provided

by a recipient of the service,


if the condition in sub-paragraph (2) is satisfied.

      (2)
The condition is that the service provider does not—

(a)
initiate the transmission,

(b)
select the recipient of the transmission, or

(c)
select or modify the information contained in the transmission.

      (3)
For the purposes of sub-paragraph (1)—

(a)
the provision of access to a communication network, and

(b)
the transmission of information in a communication network,


includes the automatic, intermediate and transient storage of the information

transmitted so far as the storage is solely for the purpose of carrying out the

transmission in the network.

      (4)
Sub-paragraph (3) does not apply if the information is stored for longer than is

reasonably necessary for the transmission.

Exception for caching

4    (1)
This paragraph applies where an information society service consists in the

transmission in a communication network of information provided by a

recipient of the service.

      (2)
The service provider is not capable of being guilty of an offence under section

64 in respect of the automatic, intermediate and temporary storage of

information so provided, if—

(a)
the storage of the information is solely for the purpose of making more

efficient the onward transmission of the information to other recipients

of the service at their request, and

(b)
the condition in sub-paragraph (3) is satisfied.

      (3)
The condition is that the service provider—

(a)
does not modify the information,

(b)
complies with any conditions attached to having access to the

information, and

(c)
(where sub-paragraph (4) applies) expeditiously removes the

information or disables access to it.

      (4)
This sub-paragraph applies if the service provider obtains actual knowledge

that—

(a)
the information at the initial source of the transmission has been

removed from the network,

(b)
access to it has been disabled, or