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Criminal Justice and Immigration Bill, continued

“35A	An offence under section 64 of the Criminal Justice and

Immigration Act 2008 (possession of extreme pornographic

images) if the offender—

(a)	was 18 or over, and

(b)	is sentenced in respect of the offence to imprisonment for a

term of at least 2 years.”

(3)	After paragraph 92 insert—

“92A	An offence under section 64 of the Criminal Justice and

Immigration Act 2008 (possession of extreme pornographic

images) if the offender—

(a)	was 18 or over, and

(b)	is sentenced in respect of the offence to imprisonment for a

term of at least 2 years.”

(4)	In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “35A”.

(5)	This paragraph extends to England and Wales and Northern Ireland only.’.

Mr David Hanson

Schedule  21,  page  225,  line  12,  at end insert—

‘16A	In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain

time periods relating to bail and custody under Part 10), before paragraph (a)

insert—

“(za)

Saturday,”’.

Mr David Hanson

Schedule  21,  page  225,  line  12,  at end insert—

‘16B (1)

Section 325 (arrangements for assessing etc risks posed by certain offenders)

is amended as follows.

(2)	In subsection (8), for “section 326” substitute “sections 326 and 327A”.

(3)	After that subsection insert—

“(8A)

Responsible authorities must have regard to any guidance issued under

subsection (8) in discharging those functions.”

16C	In section 326(5)(a) (review of arrangements), for “and this section” substitute

“, this section and section 327A”.’.

Mr David Hanson

Schedule  21,  page  225,  line  15,  at end insert—

‘Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving

Provisions) Order 2005 (S.I. 2005/950)

17A	In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003

(Commencement No. 8 and Transitional and Saving Provisions) Order 2005

(saving from certain provisions of the Criminal Justice Act 2003 for sentences

of imprisonment of less than 12 months), for “sections 244 to 268” substitute

“sections 244 to 264 and 266 to 268”.’.

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Criminal Justice and Immigration Bill, continued

Mr David Hanson

Schedule  21,  page  225,  line  15,  at end insert—

‘Terrorism Act 2006 (c. 11)

17A(1)

Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as

follows.

(2)	In the cross-heading before paragraph 6 (offences involving nuclear material),

after “material” add “or nuclear facilities”.

(3)	In paragraph 6(1), after “section 1(1)” insert “(a) to (d)”.

(4)	For paragraph 6(2) and (3) substitute—

“(2)	An offence mentioned in section 1(1)(a) or (b) of that Act where the

act making the person guilty of the offence (whether done in the

United Kingdom or elsewhere)—

(a)	is directed at a nuclear facility or interferes with the

operation of such a facility, and

(b)	causes death, injury or damage resulting from the emission

of ionising radiation or the release of radioactive material.

(3)	An offence under any of the following provisions of that Act—

(a)	section 1B (offences relating to damage to environment);

(b)	section 1C (offences of importing or exporting etc. nuclear

material: extended jurisdiction);

(c)	section 2 (offences involving preparatory acts and threats).

(4)	Expressions used in this paragraph and that Act have the same

meanings in this paragraph as in that Act.”

(5)	After paragraph 6 insert—

“6A(1)

Any of the following offences under the Customs and Excise

Management Act 1979—

(a)	an offence under section 50(2) or (3) (improper importation

of goods) in connection with a prohibition or restriction

relating to the importation of nuclear material;

(b)	an offence under section 68(2) (exportation of prohibited or

restricted goods) in connection with a prohibition or

restriction relating to the exportation or shipment as stores

of nuclear material;

(c)	an offence under section 170(1) or (2) (fraudulent evasion

of duty etc.) in connection with a prohibition or restriction

relating to the importation, exportation or shipment as

stores of nuclear material.

(2)	In this paragraph “nuclear material” has the same meaning as in the

Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”’.

Mr David Hanson

Schedule  21,  page  225,  line  28,  at end insert—

‘Armed Forces Act 2006 (c. 52)

19A	In paragraph 12(ah) of Schedule 2 to the Armed Forces Act 2006 (offences)—

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Criminal Justice and Immigration Bill, continued

(a)	for “and 18 to 23” substitute “, 18 to 23 and 29B to 29G”; and

(b)	for “racial or religious hatred” substitute “hatred by reference to race

etc”.’.

Mr David Hanson

Schedule  22,  page  227,  line  22,  at end insert—

‘5A	In subsection (5) of section 148 of the Criminal Justice Act 2003 (c. 44)

(restrictions on imposing community sentences), as inserted by section 11 of

this Act, the reference to a youth rehabilitation order is to be read as including

a reference to any youth community order within the meaning of section

147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately

before the commencement of paragraph 72 of Schedule 4 to this Act).’.

Mr David Hanson

Schedule  22,  page  228,  line  19,  at end insert—

‘10A (1)

Subject to the following provisions of this paragraph, the Rehabilitation of

Offenders Act 1974 (c. 53) (as amended by Schedule 12 to this Act) applies to

cautions given before the commencement date as it applies to cautions given

on or after that date.

(2)	A caution given before the commencement date shall be regarded as a spent

caution at a time determined in accordance with sub-paragraphs (3) to (8).

(3)	A caution other than a conditional caution (as defined in section 8A(2)(a) of

the 1974 Act) shall be regarded as a spent caution on the commencement date.

(4)	If the period of three months from the date on which a conditional caution was

given ends on or before the commencement date, the caution shall be regarded

as a spent caution on the commencement date unless sub-paragraph (7)

applies.

(5)	If the period of three months from the date on which a conditional caution was

given ends after the commencement date, the caution shall be regarded as a

spent caution at the end of that period of three months unless sub-paragraph (7)

applies.

(6)	Sub-paragraph (7) applies if—

(a)	before the date on which the caution would be regarded as a spent

caution in accordance with sub-paragraph (4) or (5) (“the relevant

date”), the person concerned is convicted of the offence in respect of

which the caution was given, and

(b)	the rehabilitation period for the offence ends after the relevant date.

(7)	The caution shall be regarded as a spent caution at the end of the rehabilitation

period for the offence.

(8)	If, on or after the date on which the caution becomes regarded as a spent

caution in accordance with sub-paragraph (4) or (5), the person concerned is

convicted of the offence in respect of which the caution was given—

(a)	the caution shall be treated for the purposes of Schedule 2 to the 1974

Act as not having become spent in relation to any period before the end

of the rehabilitation period for the offence, and

(b)	the caution shall be regarded as a spent caution at the end of that

rehabilitation period.

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560

Criminal Justice and Immigration Bill, continued

(9)	In this paragraph, “the commencement date” means the date on which section

54 comes into force.’.

Mr David Hanson

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

Mr David Hanson

Schedule  22,  page  230,  line  33,  at end insert—

‘(3)	Section (Requests to other member States: Northern Ireland) does not apply in

relation to financial penalties (within the meaning of that section) imposed

before that section comes into force.

(4)	Section (Requests from other member States: Northern Ireland) does not apply

in relation to financial penalties (within the meaning of that section) imposed

before that section comes into force.’.

Mr David Hanson

Schedule  22,  page  231,  line  24,  at end insert—

Police

Police misconduct and performance procedures

24A(1)

This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 19 come

into force before the relevant provisions of the Legal Services Act 2007 come

into force.

(2)	Until the relevant provisions of the Legal Services Act 2007 come into force—

(a)	section 84 of the Police Act 1996 (c. 16) (as substituted by paragraph

7 of that Schedule and as referred to in the subsection (4) of section 85

of that Act substituted by paragraph 8(3) of that Schedule) has effect

as if, in subsection (4), for the definition of “relevant lawyer” there

were substituted—

““relevant lawyer” means counsel or a solicitor;”; and

(b)	section 4 of the Ministry of Defence Police Act 1987 (c. 4) (as

substituted by paragraph 15 of that Schedule and as referred to in

subsection (6) of the section 4A of that Act substituted by paragraph

16 of that Schedule) has effect as if, in subsection (4), for the definition

of “relevant lawyer” there were substituted—

““relevant lawyer” means counsel or a solicitor;”.

(3)	In this paragraph “the relevant provisions of the Legal Services Act 2007”

means the provisions of that Act which provide, for the purposes of that Act,

for a person to be an authorised person in relation to an activity which

constitutes the exercise of a right of audience (within the meaning of that

Act).’.

Mr David Hanson

Schedule  22,  page  231,  line  32,  at end insert—

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Criminal Justice and Immigration Bill, continued

Miscellaneous

Persistent sales of tobacco to persons under 18

26	The new sections 12A and 12B inserted into the Children and Young Persons

Act 1933 (c. 12) by section (Persistent sales of tobacco to persons under 18)

do not apply where any of the offences mentioned in those new sections were

committed before the commencement of that section.’.

Mr David Hanson

Schedule  22,  page  231,  line  32,  at end insert—

‘Sexual offences

27	The amendment made by sub-paragraph (1) of paragraph 12B of Schedule 21

is not to be read as affecting the validity of any supplementary, incidental,

consequential, transitional, transitory or saving provisions included in orders

or regulations made by the Secretary of State under the Sexual Offences Act

2003 before the commencement of that sub-paragraph.’.

Mr David Hanson

Schedule  23,  page  232,  line  15,  at end insert—

	‘Social Work (Scotland) Act 1968	In section 94(1), in the definition of “supervision
	(c. 49)	order”, the words “the Powers of Criminal Courts
		(Sentencing) Act 2000 or”.’.

Mr David Hanson

Schedule  23,  page  232,  line  16,  column 2,  at beginning insert—

‘Section 25.’.

Mr David Hanson

Schedule  23,  page  232,  line  17,  at end insert—

	‘Northern Ireland (Modification of	In Schedule 1, the entry relating to section 25(2) of
	Enactments — No. 1) Order	the Children and Young Persons Act 1969.
	1973 (S.I. 1973/2163)
	Transfer of Functions (Local	In Schedule 2, the entry relating to section 25 of the
	Government, etc.) (Northern	Children and Young Persons Act 1969.’.
	Ireland) Order 1973 (S.R. & O.
	1973 No. 256)

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Criminal Justice and Immigration Bill, continued

Mr David Hanson

Schedule  23,  page  233,  line  2,  column 2,  leave out ‘paragraph’ and insert

‘paragraphs 15(b) and’.

Mr David Hanson

Schedule  23,  page  233,  line  11,  column 2,  at end insert—

‘In Schedule 13, paragraph 35(3).’.

Mr David Hanson

Schedule  23,  page  233,  line  19,  at end insert—

‘Children (Prescribed Orders —

In regulation 8(1)—

Northern Ireland, Guernsey and

(a)	sub-paragraph (a)(ii);

Isle of Man) Regulations 1991

(b)	sub-paragraph (b)(i), (ii), (iv) and (v); and

(S.I. 1991/ 2032)

(c)	sub-paragraph (c)(ii) and (iii).’.

Mr David Hanson

Schedule  23,  page  233,  line  20,  column 2, leave out ‘2(2)(b)’ and insert ‘2(2)’.

Mr David Hanson

Schedule  23,  page  233,  line  21,  at end insert—

	‘Children (Northern Ireland	Article 7(2) and (3).’.
	Consequential Amendments)
	Order 1995 (S.I. 1995/ 756)

Mr David Hanson

Schedule  23,  page  234,  line  42,  column 2, after ‘33,’ insert ‘, 34(b)’.

Mr David Hanson

Schedule  23,  page  234,  line  42,  column 2, after ‘33,’ insert ‘, 39’.

Mr David Hanson

Schedule  23,  page  234,  column 2, leave out line 43 and insert ‘, 131 and 132’.

Mr David Hanson

Schedule  23,  page  235,  line  8,  column 2, after ‘paragraphs’ insert ‘37(b),’.

Mr David Hanson

Schedule  23,  page  235,  line  40,  column 2, at end insert ‘14,’.

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Criminal Justice and Immigration Bill, continued

Mr David Hanson

Schedule  23,  page  235,  line  41,  column 2, after ‘64(3)(a)(ii),’ insert ‘70(5)(a) and

(7),’.

Mr David Hanson

Schedule  23,  page  235,  line  42,  column 2, after ‘129’ insert ‘, 131(3)’.

Mr David Hanson

Schedule  23,  page  236,  line  18,  column 2,  at end insert—

‘Section 92(3).’.

Mr David Hanson

Schedule  23,  page  236,  line  46,  at end insert—

	‘Criminal Justice Act 2003	Paragraph 30 of Schedule 2.’.
	(Commencement No. 8 and
	Transitional and Saving
	Provisions) Order 2005 (S.I.
	2005/950

Mr David Hanson

Schedule  23,  page  236,  line  46,  at end insert—

Appeals

Title

Extent of repeal

Criminal Appeal Act 1968 (c. 19)

In section 4(2), the words “for the offence of which

he remains convicted on that count”.

In section 6—

(a)	subsection (5);

(b)	in subsection (7), the definition of interim

hospital order.

Section 11(6).

In section 14—

(a)	subsection (5);

(b)	in subsection (7), the definition of interim

hospital order.

Section 16B(3).

In section 31, in the heading, the words “under Part

1”.

Section 31C(1) and (2).

Judicature (Northern Ireland) Act

In section 49—

1978 (c. 23)

(a)	in subsection (2), the words from “or, where

subsection (3) applies” to the end;

(b)	subsection (3).

Criminal Appeal (Northern

Section 10(6).

Ireland) Act 1980 (c. 47)

Mental Health Act 1983 (c. 20)

In Schedule 4, paragraph 23(d)(ii).

Criminal Justice Act 1988 (c. 33)

In section 36(9), the word “and” at the end of

paragraph (ab).

Powers of Criminal Courts

In section 155—

(Sentencing) Act 2000 (c. 6)

(a)	in subsection (1), the words from “or, where

subsection (2) below applies” to the end;

(b)	subsections (2) and (3).

Criminal Justice Act 2003 (c. 44)

Section 272(1).’.

---

Revised 27 November 2007