House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

517

House of Commons

Notices of Amendments

given on

Thursday 22nd November 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:

441-516

Public Bill Committee

Criminal Justice and Immigration Bill

Appeals against designation

Mr Harry Cohen

NC59

To move the following Clause:—

‘(1)
A designated person may appeal against his designation.

(2)
The Secretary of State must make regulations about appeals under this section.

(3)
Regulations under this section are to be made by statutory instrument and are

subject to amendment in pursuance of a resolution of either House of

Parliament.’.

Mr Harry Cohen

Clause  122,  page  82,  line  9,  at end insert ‘and [Appeals against designation]’.

Mr Harry Cohen

Clause  115,  page  78,  line  10,  leave out ‘or 2’.

Mr Harry Cohen

Clause  115,  page  78,  line  17,  leave out subsection (3).

Mr Harry Cohen

Clause  122,  page  82,  line  12,  leave out subsection (3).

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Criminal Justice and Immigration Bill, Continued

Mr Harry Cohen

Clause  119,  page  80,  line  27,  leave out ‘may not’ and insert ‘must’.

Mr Harry Cohen

Clause  119,  page  80,  line  28,  leave out from ‘cash’ to end of line 29.

Mr Harry Cohen

Clause  119,  page  80,  line  22,  after ‘person’s’, insert ‘long-term’.

Mr Harry Cohen

Clause  119,  page  80,  line  23,  after ‘essential’, insert ‘long-term’.

Mr Harry Cohen

Clause  122,  page  82,  line  21,  leave out subsection (7).

Disclosure of information about convictions etc of child sex offenders to members of the

public

Mr David Hanson

NC38

To move the following Clause:—

‘(1)
After section 327 of the Criminal Justice Act 2003 (c. 44) insert—

“327A
  Disclosure of information about convictions etc of child sex offenders

to members of the public

(1)
The responsible authority for each area must, in the course of discharging

its functions under arrangements established by it under section 325,

consider whether to disclose information in its possession about the

relevant previous convictions of any child sex offender managed by it to

any particular member of the public.

(2)
In the case mentioned in subsection (3) there is a presumption that the

responsible authority should disclose information in its possession about

the relevant previous convictions of the offender to the particular

member of the public.

(3)
The case is where the responsible authority for the area has reasonable

cause to believe that—

(a)
a child sex offender managed by it poses a risk in that or any

other area of causing harm to children generally or any child, and

(b)
the disclosure of information about the relevant previous

convictions of the offender to the particular member of the public

is necessary for the purpose of protecting children generally or

any child from harm caused by the offender.

(4)
The presumption under subsection (2) arises—

(a)
whether or not the person to whom the information is disclosed

requests the disclosure, and

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Criminal Justice and Immigration Bill, Continued

(b)
whether or not the responsible authority making the disclosure

has reasonable cause to believe that the risk is posed in relation

to a member of that person’s family.

(5)
Where the responsible authority makes a disclosure under this section—

(a)
it may disclose such information about the relevant previous

convictions of the offender as it considers appropriate to disclose

to the member of the public concerned, and

(b)
it may impose conditions for preventing the member of the

public concerned from disclosing the information to any other

person.

(6)
Any disclosure under this section must be made as soon as is reasonably

practicable having regard to all the circumstances.

(7)
The responsible authority for each area must compile and maintain a

record about the decisions it makes in relation to the discharge of its

functions under this section.

(8)
The record must include the following information—

(a)
the reasons for making a decision to disclose information under

this section,

(b)
the reasons for making a decision not to disclose information

under this section, and

(c)
the information which is disclosed under this section, any

conditions imposed in relation to its further disclosure and the

name and address of the person to whom it is disclosed.

(9)
Nothing in this section requires or authorises the making of a disclosure

which contravenes the Data Protection Act 1998.

(10)
This section is not to be taken as affecting any power of any person to

disclose any information about a child sex offender.

327B
Section 327A: interpretation

(1)
This section applies for the purposes of section 327A.

(2)
“Child” means a person under 18.

(3)
“Child sex offence” means an offence listed in Schedule 34A, whenever

committed.

(4)
“Child sex offender” means any person who—

(a)
has been convicted of such an offence,

(b)
has been found not guilty of such an offence by reason of

insanity,

(c)
has been found to be under a disability and to have done the act

charged against the person in respect of such an offence, or

(d)
has been cautioned in respect of such an offence.

(5)
In relation to a responsible authority, references to information about the

relevant previous convictions of a child sex offender are references to

information about—

(a)
convictions, findings and cautions mentioned in subsection

(4)(a) to (d) which relate to the offender, and

(b)
anything under the law of any country or territory outside

England and Wales which in the opinion of the responsible

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Criminal Justice and Immigration Bill, Continued

authority corresponds to any conviction, finding or caution

within paragraph (a) (however described).

(6)
References to harm caused by a child sex offender are references to

physical or psychological harm caused by the offender committing any

offence listed in any paragraph of Schedule 34A other than paragraphs 1

to 6 (offences under provisions repealed by Sexual Offences Act 2003).

(7)
A responsible authority for any area manages a child sex offender if the

offender is a person who poses risks in that area which fall to be managed

by the authority under the arrangements established by it under section

325.

(8)
For the purposes of this section the provisions of section 4 of, and

paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974

(protection for spent convictions and cautions) are to be disregarded.

(9)
In this section “cautioned”, in relation to any person and any offence,

means—

(a)
cautioned after the person has admitted the offence, or

(b)
reprimanded or warned within the meaning given by section 65

of the Crime and Disorder Act 1998.

(10)
Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003

(mentally disordered offenders) apply for the purposes of this section as

they apply for the purposes of Part 2 of that Act.”

(2)
After Schedule 34 to that Act insert the Schedule 34A set out in Schedule (Section

327A of the Criminal Justice Act 2003: meaning of “child sex offence”) to this

Act.’.

As Amendments to Mr David Hanson’s proposed New Clause (Disclosure of

information about convictions etc of child sex offenders to members of the public)

(NC38):—

Mr David Heath

David Howarth

(a)

Line  9,  leave out from ‘there’ to ‘disclose’ in line 10 and insert ‘the responsible

authority may’.

Mr David Heath

David Howarth

(b)

Line  21,  leave out ‘presumption under subsection (2)’ and insert ‘consideration

under subsection (1)’.

Contents of an accused’s defence statement

Mr David Hanson

nc60

To move the following Clause:—

‘In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25)

(contents of defence statement), after “prosecution,” in paragraph (c) insert—

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Criminal Justice and Immigration Bill, Continued

“(ca)
setting out particulars of the matters of fact on which he intends

to rely for the purposes of his defence,”.’.

Mr David Burrowes

Mr Edward Garnier

Mr Nick Hurd

Clause  86,  page  59,  line  29,  after ‘satisfied’, insert ‘beyond reasonable doubt’.

Mr David Burrowes

Mr Edward Garnier

Mr Nick Hurd

Clause  88,  page  61,  line  8,  after ‘satisfied’, insert ‘beyond reasonable doubt’.

Mr David Hanson

Clause  123,  page  83,  line  2,  at end insert—

‘( )
an order under section (Northern Ireland Commissioner for Prison

Complaints: eligible complaints:general)(4),

( )
an order under section (Northern Ireland Commissioner for Prison

Complaints: power to modify certain provisions)(1), (3) or (5),

( )
an order under section (Northern Ireland Commissioner for Prison

Complaints: power to confer new functions),’.

Mr David Hanson

Clause  127,  page  84,  line  36,  at end insert—

‘( )
section (Northern Ireland Commissioner for Prison Complaints:

disclosure of information etc);’.

Mr David Hanson

Clause  127,  page  84,  line  40,  leave out paragraph (a) and insert—

‘(a)
sections (Appointment etc. of Northern Ireland Commissioner for Prison

Complaints) to (Northern Ireland Commissioner for Prison Complaints:

power to confer new functions) (except section (Northern Ireland

Commissioner for Prison Complaints: disclosure of information etc.))

and Schedules (The Northern Ireland Commissioner for Prison

Complaints), (The Northern Ireland Commissioner for Prison

Complaints: complaints remit), (The Northern Ireland Commissioner for

Prison Complaints: deaths remit) and (The Northern Ireland

Commissioner for Prison Complaints: controlling authorities);’.

Appointment etc. of Northern Ireland Commissioner for Prison Complaints

Mr David Hanson

NC61

To move the following Clause:—

‘(1)
There shall be a Commissioner, to be known as the Northern Ireland

Commissioner for Prison Complaints (referred to in this Part as “the

Commissioner”).

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Criminal Justice and Immigration Bill, Continued

(2)
The main functions of the Commissioner are—

(a)
dealing with eligible complaints (see sections (Northern Ireland

Commissioner for Prison Complaints: eligible complaints: general) to

(Northern Ireland Commissioner for Prison Complaints:

recommendations by Commissioner);

(b)
investigating deaths falling within the deaths remit (see sections

(Northern Ireland Commissioner for Prison Complaints: investigations

of deaths) and (Northern Ireland Commissioner for Prison Complaints:

reports on the outcome of a death investigation));

(c)
carrying out other investigations at the request of the Secretary of State

(see sections (Northern Ireland Commissioner for Prison Complaints:

investigations requested by the Secretary of State) and (Northern Ireland

Commissioner for Prison Complaints: reports on the outcome of an

investigation under section (Northern Ireland Commissioner for Prison

Complaints: investigations requested by the Secretary of State)).

(3)
The functions of the Commissioner are performed on behalf of the Crown.

(4)
The Secretary of State shall pay such sums towards the expenses of the

Commissioner as the Secretary of State may determine.

(5)
Schedule (The Northern Ireland Commissioner for Prison Complaints) makes

further provision about the Commissioner.’.

Northern Ireland Commissioner for Prison Complaints: eligible complaints: general

Mr David Hanson

nc62

To move the following Clause:—

‘(1)
A complaint is eligible for the purposes of this Part if—

(a)
it is about a matter within the complaints remit;

(b)
the matter relates to events which occurred on or after 2 May 2005;

(c)
it is not ineligible by virtue of section (Northern Ireland Commissioner

for Prison Complaints: eligible complaints: specific requirements

applicable to all complaints); and

(d)
it is made to the Commissioner by a person entitled to make it.

(2)
A matter is within the complaints remit if it is of a description specified in Part 1

of Schedule (The Northern Ireland Commissioner for Prison Complaints:

complaints remit) and is not an excluded matter.

(3)
In subsection (2) “excluded matter” means—

(a)
a matter specified under subsection (4);

(b)
a matter to which subsection (5) applies; or

(c)
a health care matter (see subsection (7)).

(4)
The Secretary of State may by order specify matters that are to be excluded

matters for the purposes of subsection (2).


The matters so specified may (without prejudice to the generality of the power)

include complaints relating to events occurring at any description of applicable

premises specified in the order.

(5)
This subsection applies to any matter which has been determined—

(a)
by a court (whether at a trial or otherwise);

(b)
by a tribunal specified in Schedule 1 to the Tribunals and Inquiries Act

1992 (c. 53);

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(c)
by the Secretary of State or the Life Sentence Review Commissioners

under the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564

(N.I.2));

(d)
by the Secretary of State or the Sentence Review Commissioners under

the Northern Ireland (Sentences) Act 1998 (c. 35);

(e)
by the Secretary of State under the Northern Ireland (Remission of

Sentences) Act 1995 (c. 47).

(6)
Nothing in subsection (5) affects the eligibility of a complaint about the conduct

of a person in connection with the provision of a report for—

(a)
a court or tribunal, or

(b)
the Secretary of State, the Life Sentence Review Commissioners or the

Sentence Review Commissioners in connection with their functions

under any enactment mentioned in subsection (5)(c) to (e).

(7)
A health care matter is a matter relating to—

(a)
action taken in relation to general health services by a person mentioned

in Article 8(3)(a) to (d) of the Commissioner for Complaints (Northern

Ireland) Order 1996 (S.I. 1996/1297 (N.I.7)), or

(b)
action taken in relation to a service provided under arrangements with a

health and social services body or a general health services provider by a

person mentioned in Article 8A(3)(a) to (d) of that Order.

(8)
In subsection (7), “action”, “general health services”, “general health services

provider” and “health and social services body” have the same meaning as in that

Order.

(9)
It is for the Commissioner to determine procedures for the making of complaints

(but they must not preclude the making of oral complaints).

(10)
A person is entitled to make a complaint if that person—

(a)
is the relevant person in relation to the complaint; or

(b)
where the relevant person is dead or unable to act, appears to the

Commissioner to be an appropriate person to make the complaint.

(11)
In this Part, “the relevant person”, in relation to a complaint about a matter within

the complaints remit, is the person mentioned in the relevant paragraph of

Schedule (The Northern Ireland Commissioner for Prison Complaints:

complaints remit) as having been affected by that matter.

(12)
For the purpose of determining whether a part of a complaint is eligible for the

purposes of this Part, any reference in this section (apart from subsection (9)) to

a complaint may be read as including a reference to a part of a complaint.’.

Northern Ireland Commissioner for Prison Complaints: eligible complaints: specific

requirements applicable to all complaints

Mr David Hanson

nc63

To move the following Clause:—

‘(1)
Subject to subsection (3), a complaint is ineligible by virtue of this section if the

Commissioner is satisfied that any of the requirements specified in subsection (2)

has not been met.

(2)
Those requirements are—

(a)
that a period of no more than one year has passed since the complainant

first became aware of the matters giving rise to the substance of the

complaint;