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| Criminal Justice and Immigration Bill, Continued |
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| | Appointment of acting Commissioner |
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| | 6 (1) | Where the office of Commissioner becomes vacant, the Secretary of State may |
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| | appoint a person as acting Commissioner. |
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| | (2) | The power under sub-paragraph (1) may not be exercised after the end of the |
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| | period of two years beginning with the day on which the vacancy arose. |
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| | 7 (1) | Any person holding office as acting Commissioner shall cease to hold that |
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| | (a) | on the appointment of a new Commissioner; or |
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| | (b) | at the end of the period of two years beginning with the day on which |
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| | (2) | Otherwise, a person appointed as acting Commissioner holds office in |
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| | accordance with the terms of appointment. |
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| | 8 | A person holding office as acting Commissioner is to be treated for all |
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| | purposes (apart from those of paragraphs 1 to 7) as the Commissioner. |
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| | 9 | The Commissioner’s staff shall be provided by (or in pursuance of |
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| | arrangements made by) the Secretary of State. |
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| | 10 (1) | Any function of the Commissioner may be performed on behalf of the |
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| | Commissioner by an authorised member of staff (but only to the extent that the |
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| | person concerned is authorised to do so). |
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| | (2) | In sub-paragraph (1) “authorised member of staff” means a member of the |
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| | Commissioner’s staff who is authorised by the Commissioner to exercise that |
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| | 11 (1) | The Commissioner may obtain advice to assist in the performance of any of the |
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| | Commissioner’s functions from any person who appears to the Commissioner |
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| | to be qualified to give it. |
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| | (2) | The Commissioner may pay fees or allowances to any person in relation to the |
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| | provision of advice under this paragraph. |
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| | (a) | shall publish a general report on the performance of the |
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| | Commissioner’s functions during each year (an “annual report”); |
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| | (b) | may publish other reports with respect to those functions. |
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| | (2) | An annual report must be published as soon as may be practicable after the end |
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| | of the year to which it relates. |
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| | (3) | The Commissioner shall send a copy of each report under this paragraph to the |
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| | (4) | The Secretary of State shall lay before Parliament— |
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| | (a) | a copy of each annual report, |
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| | (b) | a copy of any other report under this paragraph which is sent with a |
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| | request for it to be so laid, |
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| | | and shall do so as soon as practicable after receiving a copy of the report |
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| Criminal Justice and Immigration Bill, Continued |
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| To move the following Schedule:— |
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| | ‘the Northern Ireland Commissioner for Prison Complaints: complaints’ |
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| | 1 | Any matter relating to the way in which a person has been treated at any |
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| | applicable premises while being held there. |
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| | 2 | Any matter relating to the way in which a person has been treated by prison |
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| | officers or prisoner custody officers while in their custody, or under their |
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| | control or escort, anywhere in the world. |
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| | 3 | Any matter relating to the exercise, in relation to a person who has been |
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| | charged with or convicted of an offence, of any statutory function of the |
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| | Secretary of State relating to applicable premises or persons held there. |
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| | 1 | In this Schedule, “statutory function” means functions conferred by or under |
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| | any Act or by or under Northern Ireland legislation (including, in the case of |
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| | prison officers, functions exercisable by virtue of section 8 of the Prison Act |
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| | (Northern Ireland) 1953 (N.I. 18)). |
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| | 2 | The matters covered by paragraph 2 include matters affecting a person who has |
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| | been charged with and convicted of an offence which relate to the exercise of |
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| | the statutory functions of a prison officer or a prison custody officer. |
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| | 3 | In paragraph 3 the references to the Secretary of State are references to the |
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| | Secretary of State having responsibility for prisons in Northern Ireland.’. |
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| To move the following Schedule:— |
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| | ‘The Northern Ireland Commissioner for Prison Complaints: deaths remit |
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| | 4 | A death of a person at any applicable premises while being held there. |
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| | 5 | A death of a person while in the custody, or under the control or escort, of |
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| | prison officers or prisoner custody officers anywhere in the world. |
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| | 6 | A death of a person which the Commissioner is satisfied should be investigated |
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| | because it is or may be linked to events which have occurred— |
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| | (a) | at any applicable premises while that person was being held there; or |
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| | (b) | while that person was in the custody, or under the control or escort, of |
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| | prison officers or prisoner custody officers anywhere in the world.’. |
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| To move the following Schedule:— |
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| Criminal Justice and Immigration Bill, Continued |
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| | ‘The Northern Ireland Commissioner for Prison Complaints: controlling |
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| | | Governors of prisons, young offender centres and remand centres in Northern |
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| | | An independent monitoring board appointed under section 10 of the Prisons |
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| | Act (Northern Ireland) 1953 (N.I. 18). |
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| | | Persons with whom the Secretary of State has made arrangements under |
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| | section 118 of the Criminal Justice and Public Order Act 1994 (c. 33).’. |
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| Title, line 4, after ‘Prisons’ insert ‘and the Northern Ireland Commissioner for Prison |
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| Clause 128, page 85, line 17, at end insert— |
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| | ‘(i) | paragraphs 8A to 8E of Schedule 21.’. |
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| Clause 128, page 85, line 28, leave out paragraph (d) and insert— |
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| | ‘(d) | sections 76, 77, (Requests to other member States: Northern Ireland), |
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| | (Procedure on receipt of certificate by Lord Chancellor: Northern |
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| | Ireland), 78, 79, (Modification of Magistrates’ Courts Act 1980), |
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| | (Requests from other member States: Northern Ireland), (Procedure on |
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| | receipt of certificate by clerk of petty sessions), (Modification of |
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| | Magistrates’ Courts (Northern Ireland) Order 1981), (Transfer of |
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| | certificates to central authority for Scotland), 80 and 81 and Schedules |
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| | (Penalties suitable for enforcement in England and Wales or Northern |
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| Schedule 21, page 224, line 4, at end insert— |
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| | ‘Youth Justice and Criminal Evidence Act 1999 (c. 23) |
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| | 8A | The Youth Justice and Criminal Evidence Act 1999 has effect subject to the |
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| | 8B (1) | Section 35 (child complainants and other child witnesses) is amended as |
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| | (2) | In subsection (3) (offences to which section applies), in paragraph (a)— |
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| | (a) | before sub-paragraph (v) insert— |
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| | “(iva) | any of sections 33 to 36 of the Sexual |
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| | (b) | in sub-paragraph (vi), at end insert “or any relevant superseded |
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| | (3) | After that subsection insert— |
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| | “(3A) | In subsection (3)(a)(vi) “relevant superseded enactment” means— |
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| Criminal Justice and Immigration Bill, Continued |
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| | (a) | any of sections 1 to 32 of the Sexual Offences Act 1956; |
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| | (b) | the Indecency with Children Act 1960; |
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| | (c) | the Sexual Offences Act 1967; |
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| | (d) | section 54 of the Criminal Law Act 1977.” |
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| | 8C (1) | Section 62 (meaning of “sexual offence” and other references to offences) is |
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| | (2) | In subsection (1) at end insert “or any relevant superseded offence”. |
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| | (3) | After that subsection insert— |
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| | “(1A) | In subsection (1) “relevant superseded offence” means— |
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| | (a) | rape or burglary with intent to rape; |
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| | (b) | an offence under any of sections 2 to 12 and 14 to 17 of the |
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| | Sexual Offences Act 1956 (unlawful intercourse, indecent |
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| | assault, forcible abduction etc.); |
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| | (c) | an offence under section 128 of the Mental Health Act 1959 |
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| | (unlawful intercourse with person receiving treatment for |
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| | mental disorder by member of hospital staff etc.); |
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| | (d) | an offence under section 1 of the Indecency with Children Act |
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| | 1960 (indecent conduct towards child under 14); |
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| | (e) | an offence under section 54 of the Criminal Law Act 1977 |
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| | (incitement of child under 16 to commit incest).” |
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| | 8D | The amendments made by paragraphs 8A to 8C are deemed to have had effect |
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| | 8E | Where an order under section 61 of the Youth Justice and Criminal Evidence |
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| | Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes |
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| | provision as regards the application of any provision of section 35 or 62 of that |
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| | Act which is amended or inserted by paragraph 8B or 8C, the order may have |
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| | effect in relation to times before the making of the order.’. |
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| Schedule 22, page 228, leave out lines 25 to 29. |
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