House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee:
571

Criminal Justice and Immigration Bill, continued

“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.”’.

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—

Public Bill Committee:
572

Criminal Justice and Immigration Bill, continued

“(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).”’.

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:

Public Bill Committee:
573

Criminal Justice and Immigration Bill, continued

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).”

(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:—

Public Bill Committee:
574

Criminal Justice and Immigration Bill, continued

‘(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,


the United Kingdom national is guilty in that part of the United Kingdom

of that sexual offence.

(2)
If—

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

United Kingdom,

(b)
the act constitutes an offence under the law in force in that

country, and

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

constitute a sexual offence to which this section applies,


the United Kingdom resident is guilty in that part of the United Kingdom

of that sexual offence.

(3)
If—

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

a time when the person was not a United Kingdom national or a

United Kingdom resident,

(b)
the act constituted an offence under the law in force in that

country,

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

have constituted a sexual offence to which this section applies,

and

(d)
the person meets the residence or nationality condition at the

relevant time,


proceedings may be brought against the person in that part of the United

Kingdom for that sexual offence as if the person had done the act there.

(4)
The person meets the residence or nationality condition at the relevant

time if the person is a United Kingdom national or a United Kingdom

resident at the time when the proceedings are brought.

(5)
An act punishable under the law in force in any country constitutes an

offence under that law for the purposes of subsections (2) and (3)

however it is described in that law.

(6)
The condition in subsection (2)(b) or (3)(b) is to be taken to be met

unless, not later than rules of court may provide, the defendant serves on

the prosecution a notice—

(a)
stating that, on the facts as alleged with respect to the act in

question, the condition is not in the defendant’s opinion met,

(b)
showing the grounds for that opinion, and

(c)
requiring the prosecution to prove that it is met.

(7)
But the court, if it thinks fit, may permit the defendant to require the

prosecution to prove that the condition is met without service of a notice

under subsection (6).

Public Bill Committee:
575

Criminal Justice and Immigration Bill, continued

(8)
In the Crown Court the question whether the condition is met is to be

decided by the judge alone.

(9)
In this section—

“country” includes territory;

“United Kingdom national” means an individual who is—

(a)
a British citizen, a British overseas territories citizen, a British

National (Overseas) or a British Overseas citizen;

(b)
a person who under the British Nationality Act 1981 is a British

subject; or

(c)
a British protected person within the meaning of that Act;

“United Kingdom resident” means an individual who is resident in the

United Kingdom.

(10)
Schedule 2 lists the sexual offences to which this section applies.”

(2)
Schedule 2 to that Act (list of sexual offences to which section 72 applies) is

amended as follows.

(3)
In paragraph 1 (offences under the law of England and Wales)—

(a)
for paragraphs (a) and (b) substitute—

“(a)
an offence under any of sections 5 to 19, 25 and 26

and 47 to 50;

(b)
an offence under any of sections 1 to 4, 30 to 41 and

61 where the victim of the offence was under 18 at the

time of the offence;”;

(b)
in paragraph (c), for “16” substitute “18”; and

(c)
in paragraph (d), omit “in relation to a photograph or pseudo-photograph

showing a child under 16”.

(4)
In paragraph 2 (offences under the law of Northern Ireland)—

(a)
in sub-paragraph (1)(c)(iv), for “17” substitute “18”; and

(b)
in sub-paragraph (2), for “17” substitute “18”.’.

Sexual offences: grooming and adoption

Mr David Hanson

NC36

To move the following Clause:—

‘Schedule (Sexual offences: grooming and adoption)—

(a)
amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a

child following sexual grooming etc),

(b)
amends that Act in relation to adoption, and

(c)
amends the Adoption Act 1976 (c. 36) in relation to offences under

sections 64 and 65 of the Sexual Offences Act 2003 (c. 42).’.

Public Bill Committee:
576

Criminal Justice and Immigration Bill, continued

Review of violent offender orders in respect of young offenders

Mr David Hanson

NC37

To move the following Clause:—

‘(1)
This section applies where a violent offender order has been made in respect of

an offender who was under 17 at the time when the order was made (“the young

offender”).

(2)
If—

(a)
the young offender will be under 18 at the end of a review period (see

subsection (2)), and

(b)
the young offender will be subject to the violent offender order at the end

of that period,


the appropriate chief officer of police must before the end of that period carry out

a review of the operation of the order.


But this subsection ceases to apply if the order is discharged under section 87

before the end of that period.

(3)
The “review periods” are—

(a)
the period of 12 months beginning with—

(i)
the day on which the order was made, or

(ii)
if one or more supplemental orders were made during that

period, the date on which the supplemental order (or the last

supplemental order) was made;

(b)
a period of 12 months beginning with—

(i)
the day after the end of the previous review period, or

(ii)
if one or more supplemental orders were made during that

period, the date on which the supplemental order (or the last

supplemental order) was made.

(4)
A review under this section must include consideration of—

(a)
the extent to which the young offender has complied with the violent

offender order;

(b)
the adequacy of any support available to the young offender to help the

young offender comply with it;

(c)
any matters relevant to the question whether an application should be

made under section 87 for the violent offender order to be varied,

renewed or discharged.

(5)
A chief officer of police carrying out a review under this section may invite any

person to participate in the review, but must have regard to any guidance issued

by the Secretary of State when considering which persons to invite.

(6)
Those carrying out or participating in a review under this section must have

regard to any guidance issued by the Secretary of State when considering—

(a)
how the review should be carried out;

(b)
what particular matters should be dealt with by the review;

(c)
which persons should be sent a copy of the findings of the review or

extracts from or a summary of those findings;

(d)
what action (if any) it would be appropriate to take in consequence of

those findings.

(7)
In this section—

“the appropriate chief officer of police” means the chief officer of police of

the police force maintained for the police area in which the young

offender resides or appears to reside;

Public Bill Committee:
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Criminal Justice and Immigration Bill, continued

“supplemental order”, in relation to a violent offender order, means an order

under section 87 varying or renewing the violent offender order.’.

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

(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.