House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 22nd November 2007
461

Criminal Justice and Immigration Bill, continued

(d)
sections 37(apart from subsection (3)(a) to (h)) and 38, so far as relating

to requests by the Secretary of State which specify matters which—

(i)
relate to events which have (or may have) occurred as mentioned

in any of paragraphs (a) to (f) of section 37(3); or

(ii)
the Secretary of State considers are (or may be) linked to such

events;

(e)
sections 39 to 41, so far as relating to investigations of complaints, deaths

or requests mentioned in paragraph (a), (b) or (d) above;

(f)
sections 43 and 47, so far as relating to complaints mentioned in

paragraph (a) above or investigations of deaths or requests mentioned in

paragraph (b) or (d) above.’.

Mr David Hanson

311

Clause  127,  page  84,  line  18,  leave out paragraph (a) and insert—

‘(a)
sections 29, 37(3)(g) and (h), 42, 44 to 46, 48 (subject to subsection (5)),

49 to 52 and Schedule 10;

(aa)
paragraphs 6 and 7 of Schedule 7 and sections 30 to 34, so far as relating

to complaints about matters falling within either of those paragraphs;

(ab)
paragraphs 4 to 6 of Schedule 8 and sections 35 and 36, so far as relating

to deaths falling within any of those paragraphs;

(ac)
sections 37 (apart from subsection (3)(a) to (h)) and 38, so far as relating

to requests by the Secretary of State which specify matters which—

(i)
relate to events which have (or may have) occurred as mentioned

in paragraph (g) or (h) of section 37(3); or

(ii)
the Secretary of State considers are (or may be) linked to such

events;

(ad)
sections 39 to 41, so far as relating to investigations of complaints, deaths

or requests mentioned in paragraph (aa), (ab) or (ac) above;

(ae)
sections 43 and 47, so far as relating to complaints mentioned in

paragraph (aa) above or investigations of deaths or requests mentioned in

paragraph (ab) or (ac) above.’.

Mr David Hanson

312

Clause  127,  page  84,  line  35,  leave out paragraph (c).

Mr David Hanson

218

Clause  127,  page  84,  line  37,  leave out paragraph (d) and insert—

‘(d)
sections 64 to (Special rules relating to providers of information society

services) and Schedule (Special rules relating to providers of

information society services);’.

Mr David Hanson

275

Clause  127,  page  84,  line  37,  at end insert—

‘( )
section 79(6) and (7) (so far as relating to any provision of Part 3 of the

Magistrates’ Courts Act 1980 which extends to Northern Ireland);

( )
sections (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;’.

Public Bill Committee: 22nd November 2007
462

Criminal Justice and Immigration Bill, continued

Mr David Hanson

219

Clause  127,  page  84,  line  38,  leave out paragraph (e).

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

18

Clause  127,  page  84,  line  40,  at end insert—

‘(aa)
section [Amendment of the Criminal Law Act (Northern Ireland) 1967];’.

Mr David Hanson

276

Clause  127,  page  84,  line  40,  at end insert—

‘( )
sections (Requests to other member States: Northern Ireland) and

(Procedure on receipt of certificate by Lord Chancellor: Northern

Ireland);

( )
sections (Requests from other member States: Northern Ireland) and

(Procedure on receipt of certificate by clerk of petty sessions);’.

Mr David Hanson

277

Clause  127,  page  84,  line  41,  at end insert—

‘( )
paragraph 21(3) and (4) of Schedule 22.’.

Mr David Hanson

220

Clause  127,  page  85,  line  1,  leave out ‘or repeal’ and insert ‘, repeal or revocation’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

199

Clause  128,  page  85,  line  11,  at end insert—

‘(aa)
section [Restriction on extradition in cases where trial in United

Kingdom more appropriate];’.

Mr David Hanson

221

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

‘(h)
paragraphs 6(3) and 12 to 15 of Schedule (Hatred on the grounds of

sexual orientation) and the repeals in Part 4 of Schedule 23 relating to

Part 3A of the Public Order Act 1986 (c. 64).’.

Mr David Hanson

222

Clause  128,  page  85,  line  22,  at end insert—

‘(d)
paragraphs 2 to 7 of Schedule (Sexual offences: grooming and

adoption).’.

Public Bill Committee: 22nd November 2007
463

Criminal Justice and Immigration Bill, continued

Mr David Hanson

223

Clause  128,  page  85,  line  22,  at end insert—

‘(2A)
Where any particular provision or provisions of a Schedule come into force in

accordance with subsection (1) or (2), the section introducing the Schedule also

comes into force in accordance with that subsection so far as relating to the

particular provision or provisions.’.

New Clauses

Power of Court of Appeal to disregard developments in the law

Mr David Hanson

NC28

To move the following Clause:—

‘(1)
The Criminal Appeal Act 1968 (c. 19) is amended as follows.

(2)
In section 2 (appeals against conviction), after subsection (1B) (as inserted by

section 26(2)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether the
5
conviction is unsafe the Court may, if they think it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the conviction.”

(3)
In section 13 (disposal of appeals against verdict of not guilty by reason of

insanity), after subsection (1B) (as inserted by section 26(2A)) insert—
10
“(1C)
In determining for the purposes of subsection (1)(a) whether the verdict

is unsafe the Court may, if they think it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the verdict.”’.

(4)
In section 16 (disposal of appeals against finding of disability), after subsection
15
(1B) (as inserted by section 26(2B)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether a finding is

unsafe the Court may, if they think it appropriate in all the circumstances

of the case, disregard any development in the law since the date of the

finding.” ’.

As an Amendment to Mr David Hanson’s proposed New Clause (Power of Court of

Appeal to disregard developments in the law) (NC28):—

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

(a)

Line  6,  after ‘case’, insert ‘and are satisfied that it would not give rise to

substantial injustice’.

Public Bill Committee: 22nd November 2007
464

Criminal Justice and Immigration Bill, continued

Meaning of unsafe: Northern Ireland

Mr David Hanson

NC29

To move the following Clause:—

‘(1)
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2)
In section 2 (grounds for allowing an appeal against conviction) after subsection

(1) insert—

“(1A)
For the purposes of subsection (1)(a), the conviction is not unsafe if the

Court thinks that there is no reasonable doubt about the appellant’s guilt.

(1B)
Subsection (1A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the conviction to stand.”

(3)
In section 12 (appeal against finding of not guilty on ground of insanity), after

subsection (2) insert—

“(2A)
For the purposes of subsection (2)(a), the finding shall not be regarded as

unsafe for a reason unrelated to the correctness of the finding of insanity

if the Court thinks that there is no reasonable doubt that the accused did

the act or made the omission charged.

(2B)
Subsection (2A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the finding to stand.”

(4)
In section 13A (appeal against finding of unfitness to be tried), after subsection

(3) insert—

“(3A)
For the purposes of subsection (3)(a), a finding shall not be regarded as

unsafe for a reason unrelated to the correctness of the finding that the

accused is unfit to be tried if the Court thinks that there is no reasonable

doubt that the accused did the act or made the omission charged.

(3B)
Subsection (3A) does not require the Court to dismiss the appeal if it

thinks that it would seriously undermine the proper administration of

justice to allow the finding to stand.”’.

(5)
In section 25 (evidence)—

(a)
in subsection (2)(b) after “allowing” insert “or dismissing”, and

(b)
in subsection (2)(c) for “which is the subject of the appeal” substitute

“which is relevant to the determination of the appeal”.

(6)
After section 29 insert—

“Supplementary

29A
Evidence given after close of prosecution case

In determining an appeal under this Part, the Court of Appeal shall not

disregard any evidence solely on the ground that it was given after the

judge at the appellant’s trial wrongly permitted the trial to continue after

the close of the evidence for the prosecution.”’.

Public Bill Committee: 22nd November 2007
465

Criminal Justice and Immigration Bill, continued

Power of Court of Appeal to disregard developments in the law: Northern Ireland

Mr David Hanson

NC30

To move the following Clause:—

‘(1)
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.

(2)
In section 2 (appeals against conviction), after subsection (1B) (as inserted by

section (Meaning of unsafe: Northern Ireland)(2)) insert—

“(1C)
In determining for the purposes of subsection (1)(a) whether the

conviction is unsafe the Court may, if it thinks it appropriate in all the

circumstances of the case, disregard any development in the law since the

date of the conviction.”

(3)
In section 12 (appeal against finding of not guilty on ground of insanity), after

subsection (2B) (as inserted by section (Meaning of unsafe: Northern Ireland)(3))

insert—

“(2C)
In determining for the purposes of subsection (2)(a) whether the finding

is unsafe the Court may, if it thinks it appropriate in all the circumstances

of the case, disregard any development in the law since the date of the

finding.”.

(4)
In section 13A (appeal against finding of unfitness to be tried), after subsection

(3B) (as inserted by section (Meaning of unsafe: Northern Ireland)(4)) insert—

“(3C)
In determining for the purposes of subsection (3)(a) whether a finding is

unsafe the Court may, if it thinks it appropriate in all the circumstances

of the case, disregard any development in the law since the date of the

finding. ” ’.

Determination of prosecution appeals: Northern Ireland

Mr David Hanson

NC31

To move the following Clause:—

‘In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/

1500) (determination of prosecution appeals by Court of Appeal) for paragraph

(5) substitute—

“(5)
But the Court of Appeal may not make an order under paragraph (4)(c)

in respect of an offence unless it considers that the defendant could not

receive a fair trial if an order were made under paragraph (4)(a) or (b).”’.

Public Bill Committee: 22nd November 2007
466

Criminal Justice and Immigration Bill, continued

SFO’s pre-investigation powers in relation to bribery and corruption: foreign officers etc

Mr David Hanson

NC32

To move the following Clause:—

‘(1)
The Criminal Justice Act 1987 (c. 38) is amended as follows.

(2)
After section 2 insert—

“2A
Director’s pre-investigation powers in relation to bribery and

corruption: foreign officers etc

(1)
The powers of the Director under section 2 are also exercisable for the

purpose of enabling him to determine whether to start an investigation

under section 1 in a case where it appears to him that conduct to which

this section applies may have taken place.

(2)
But—

(a)
the power under subsection (2) of section 2 is so exercisable only

if it appears to the Director that for the purpose of enabling him

to make that determination it is expedient to require any person

appearing to him to have relevant information to do as mentioned

in that subsection, and

(b)
the power under subsection (3) of that section is so exercisable

only if it appears to the Director that for that purpose it is

expedient to require any person to do as mentioned in that

subsection.

(3)
Accordingly, where the powers of the Director under section 2 are

exercisable in accordance with subsections (1) and (2) above—

(a)
the reference in subsection (2) of that section to the person under

investigation or any other person whom the Director has reason

to believe has relevant information is to be read as a reference to

any such person as is mentioned in subsection (2)(a) above,

(b)
the reference in subsection (3) of that section to the person under

investigation or any other person is to be read as a reference to

any such person as is mentioned in subsection (2)(b) above, and

(c)
any reference in subsection (2), (3) or (4) of that section to the

investigation is to be read as a reference to the making of any

such determination as is mentioned in subsection (1) above.

(4)
Any reference in section 2(16) to the carrying out of an investigation by

the Serious Fraud Office into serious or complex fraud includes a

reference to the making of any such determination as is mentioned in

subsection (1) above.

(5)
This section applies to any conduct which, as a result of section 108 of

the Anti-terrorism, Crime and Security Act 2001 (bribery and corruption:

foreign officers etc), constitutes a corruption offence (wherever

committed).

(6)
The following are corruption offences for the purposes of this section—

(a)
any common law offence of bribery;

(b)
the offences under section 1 of the Public Bodies Corrupt

Practices Act 1889 (corruption in office); and

(c)
the offences under section 1 of the Prevention of Corruption Act

1906 (corrupt transactions with agents).”

Public Bill Committee: 22nd November 2007
467

Criminal Justice and Immigration Bill, continued

(3)
In section 17(3) (provisions of Act extending to Northern Ireland) after “sections

2” insert “, 2A”.

(4)
This section extends to England and Wales and Northern Ireland only.’.

Special rules relating to providers of information society services

Mr David Hanson

NC33

To move the following Clause:—

‘Schedule (Special rules relating to providers of information society services)

makes special provision in connection with the operation of section 64 in relation

to persons providing information society services within the meaning of that

Schedule.’.

Hatred on the grounds of sexual orientation

Mr David Hanson

NC34

To move the following Clause:—

‘Schedule (Hatred on the grounds of sexual orientation)—

(a)
amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against

persons on religious grounds) to make provision about hatred against a

group of persons defined by reference to sexual orientation, and

(b)
makes minor amendments of that Part.’.

Sexual offences committed outside the United Kingdom

Mr David Hanson

NC35

To move the following Clause:—

‘(1)
For section 72 of the Sexual Offences Act 2003 (c. 42) substitute—

“72
Offences outside the United Kingdom

(1)
If—

(a)
a United Kingdom national does an act in a country outside the

United Kingdom, and

(b)
the act, if done in England and Wales or Northern Ireland, would

constitute a sexual offence to which this section applies,