House of Commons Amendments

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Notices of Amendments:
538

Criminal Justice and Immigration Bill, Continued

Appointment of acting Commissioner

6    (1)
Where the office of Commissioner becomes vacant, the Secretary of State may

appoint a person as acting Commissioner.

      (2)
The power under sub-paragraph (1) may not be exercised after the end of the

period of two years beginning with the day on which the vacancy arose.

7    (1)
Any person holding office as acting Commissioner shall cease to hold that

office—

(a)
on the appointment of a new Commissioner; or

(b)
at the end of the period of two years beginning with the day on which

the vacancy arose.

      (2)
Otherwise, a person appointed as acting Commissioner holds office in

accordance with the terms of appointment.

8
A person holding office as acting Commissioner is to be treated for all

purposes (apart from those of paragraphs 1 to 7) as the Commissioner.

The Commissioner’s staff

9
The Commissioner’s staff shall be provided by (or in pursuance of

arrangements made by) the Secretary of State.

Delegation of functions

10  (1)
Any function of the Commissioner may be performed on behalf of the

Commissioner by an authorised member of staff (but only to the extent that the

person concerned is authorised to do so).

      (2)
In sub-paragraph (1) “authorised member of staff” means a member of the

Commissioner’s staff who is authorised by the Commissioner to exercise that

function.

Advisers

11  (1)
The Commissioner may obtain advice to assist in the performance of any of the

Commissioner’s functions from any person who appears to the Commissioner

to be qualified to give it.

      (2)
The Commissioner may pay fees or allowances to any person in relation to the

provision of advice under this paragraph.

Annual and other reports

12  (1)
The Commissioner—

(a)
shall publish a general report on the performance of the

Commissioner’s functions during each year (an “annual report”);

(b)
may publish other reports with respect to those functions.

      (2)
An annual report must be published as soon as may be practicable after the end

of the year to which it relates.

      (3)
The Commissioner shall send a copy of each report under this paragraph to the

Secretary of State.

      (4)
The Secretary of State shall lay before Parliament—

(a)
a copy of each annual report,

(b)
a copy of any other report under this paragraph which is sent with a

request for it to be so laid,


and shall do so as soon as practicable after receiving a copy of the report

concerned.’.

Notices of Amendments:
539

Criminal Justice and Immigration Bill, Continued

Mr David Hanson

NS7

To move the following Schedule:—

‘the Northern Ireland Commissioner for Prison Complaints: complaints’

remit

The specified matters

1
Any matter relating to the way in which a person has been treated at any

applicable premises while being held there.

2
Any matter relating to the way in which a person has been treated by prison

officers or prisoner custody officers while in their custody, or under their

control or escort, anywhere in the world.

3
Any matter relating to the exercise, in relation to a person who has been

charged with or convicted of an offence, of any statutory function of the

Secretary of State relating to applicable premises or persons held there.

Supplementary

1
In this Schedule, “statutory function” means functions conferred by or under

any Act or by or under Northern Ireland legislation (including, in the case of

prison officers, functions exercisable by virtue of section 8 of the Prison Act

(Northern Ireland) 1953 (N.I. 18)).

2
The matters covered by paragraph 2 include matters affecting a person who has

been charged with and convicted of an offence which relate to the exercise of

the statutory functions of a prison officer or a prison custody officer.

3
In paragraph 3 the references to the Secretary of State are references to the

Secretary of State having responsibility for prisons in Northern Ireland.’.

Mr David Hanson

NS8

To move the following Schedule:—

‘The Northern Ireland Commissioner for Prison Complaints: deaths remit

4
A death of a person at any applicable premises while being held there.

5
A death of a person while in the custody, or under the control or escort, of

prison officers or prisoner custody officers anywhere in the world.

6
A death of a person which the Commissioner is satisfied should be investigated

because it is or may be linked to events which have occurred—

(a)
at any applicable premises while that person was being held there; or

(b)
while that person was in the custody, or under the control or escort, of

prison officers or prisoner custody officers anywhere in the world.’.

Mr David Hanson

NS9

To move the following Schedule:—

Notices of Amendments:
540

Criminal Justice and Immigration Bill, Continued

‘The Northern Ireland Commissioner for Prison Complaints: controlling

authorities


The Secretary of State.


Governors of prisons, young offender centres and remand centres in Northern

Ireland.


An independent monitoring board appointed under section 10 of the Prisons

Act (Northern Ireland) 1953 (N.I. 18).


Persons with whom the Secretary of State has made arrangements under

section 118 of the Criminal Justice and Public Order Act 1994 (c. 33).’.

Mr David Hanson

Title,  line  4,  after ‘Prisons’ insert ‘and the Northern Ireland Commissioner for Prison

Complaints’.

Mr David Hanson

Clause  128,  page  85,  line  17,  at end insert—

‘(i)
paragraphs 8A to 8E of Schedule 21.’.

Mr David Hanson

Clause  128,  page  85,  line  28,  leave out paragraph (d) and insert—

‘(d)
sections 76, 77, (Requests to other member States: Northern Ireland),

(Procedure on receipt of certificate by Lord Chancellor: Northern

Ireland), 78, 79, (Modification of Magistrates’ Courts Act 1980),

(Requests from other member States: Northern Ireland), (Procedure on

receipt of certificate by clerk of petty sessions), (Modification of

Magistrates’ Courts (Northern Ireland) Order 1981), (Transfer of

certificates to central authority for Scotland), 80 and 81 and Schedules

(Penalties suitable for enforcement in England and Wales or Northern

Ireland) and 16.’.

.

Mr David Hanson

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

‘Youth Justice and Criminal Evidence Act 1999 (c. 23)

8A
The Youth Justice and Criminal Evidence Act 1999 has effect subject to the

following amendments.

8B  (1)
Section 35 (child complainants and other child witnesses) is amended as

follows.

      (2)
In subsection (3) (offences to which section applies), in paragraph (a)—

(a)
before sub-paragraph (v) insert—

“(iva)
any of sections 33 to 36 of the Sexual

Offences Act 1956,”; and

(b)
in sub-paragraph (vi), at end insert “or any relevant superseded

enactment”.

      (3)
After that subsection insert—

“(3A)
In subsection (3)(a)(vi) “relevant superseded enactment” means—

Notices of Amendments:
541

Criminal Justice and Immigration Bill, Continued

(a)
any of sections 1 to 32 of the Sexual Offences Act 1956;

(b)
the Indecency with Children Act 1960;

(c)
the Sexual Offences Act 1967;

(d)
section 54 of the Criminal Law Act 1977.”

8C  (1)
Section 62 (meaning of “sexual offence” and other references to offences) is

amended as follows.

      (2)
In subsection (1) at end insert “or any relevant superseded offence”.

      (3)
After that subsection insert—

“(1A)
In subsection (1) “relevant superseded offence” means—

(a)
rape or burglary with intent to rape;

(b)
an offence under any of sections 2 to 12 and 14 to 17 of the

Sexual Offences Act 1956 (unlawful intercourse, indecent

assault, forcible abduction etc.);

(c)
an offence under section 128 of the Mental Health Act 1959

(unlawful intercourse with person receiving treatment for

mental disorder by member of hospital staff etc.);

(d)
an offence under section 1 of the Indecency with Children Act

1960 (indecent conduct towards child under 14);

(e)
an offence under section 54 of the Criminal Law Act 1977

(incitement of child under 16 to commit incest).”

8D
The amendments made by paragraphs 8A to 8C are deemed to have had effect

as from 1 May 2004.

8E
Where an order under section 61 of the Youth Justice and Criminal Evidence

Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes

provision as regards the application of any provision of section 35 or 62 of that

Act which is amended or inserted by paragraph 8B or 8C, the order may have

effect in relation to times before the making of the order.’.

Mr David Hanson

Schedule  22,  page  228,  leave out lines 25 to 29.