House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee:
585

Criminal Justice and Immigration Bill, continued

(d)
it appears to the designated officer that the person is normally resident in,

or has property or income in, a member State other than the United

Kingdom.

(2)
For the purposes of subsection (1)(c), there is no appeal outstanding in relation to

a financial penalty if—

(a)
no appeal has been brought in relation to the imposition of the financial

penalty within the time allowed for making such an appeal, or

(b)
such an appeal has been brought but the proceedings on appeal have been

concluded.

(3)
Where the person required to pay the financial penalty is a body corporate,

subsection (1)(d) applies as if the reference to the person being normally resident

in a member State other than the United Kingdom were a reference to the person

having its registered office in a member State other than the United Kingdom.

(4)
In this section—

(a)
“designated officer of the Northern Ireland Court Service” means a

member of the staff of the Northern Ireland Court Service designated by

the Lord Chancellor for the purposes of this section;

(b)
“financial penalty” means—

(i)
a fine imposed by a court in Northern Ireland on the person’s

conviction of an offence;

(ii)
any sum payable under a compensation order (within the

meaning of article 14 of the Criminal Justice (Northern Ireland)

Order 1994 (S.I.1994/2795 (N.I.15));

(iii)
any sum payable under an order made under section 2(1), 4(1) or

5(1) of the Costs in Criminal Cases Act (Northern Ireland) 1968

(N.I. 10) or section 41(1) of the Criminal Appeal (Northern

Ireland) Act 1980 (c. 47);

(iv)
any fine or other sum mentioned in section 76(5)(a) to (d), or any

fine imposed by a court in Scotland, which is enforceable in a

petty sessions district in Northern Ireland by virtue of Article 96

of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/1675 (N.I.26));

(v)
any other financial penalty, within the meaning of the

Framework Decision on financial penalties, specified in an order

made by the Lord Chancellor.’.

Procedure on receipt of certificate by Lord Chancellor: Northern Ireland

Mr David Hanson

NC43

To move the following Clause:—

‘(1)
This section applies where a designated officer has issued a certificate under

section (Requests to other member States: Northern Ireland)(1).

(2)
The designated officer must give the Lord Chancellor the certificate, together

with a certified copy of the decision requiring payment of the financial penalty.

(3)
On receipt of the documents mentioned in subsection (2), the Lord Chancellor

must give those documents to the central authority or competent authority of the

member State in which the person required to pay the penalty appears to be

normally resident or (as the case may be) to have property or income.

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Criminal Justice and Immigration Bill, continued

(4)
Where a certified copy of the decision is given to the central authority or

competent authority of a member State in accordance with subsection (3), no

further steps to enforce the decision may be taken in Northern Ireland except in

accordance with provision made by order by the Lord Chancellor.

(5)
Where the person required to pay the financial penalty is a body corporate,

subsection (3) applies as if the reference to the member State in which the person

appears to be normally resident were a reference to the member State in which the

person appears to have its registered office.’.

Modification of Magistrates’ Courts Act 1980

Mr David Hanson

NC44

To move the following Clause:—

‘(1)
Section 90 of the Magistrates’ Courts Act 1980 (c. 43) is modified as follows in

its application to financial penalties by virtue of section 79(7) above.

(2)
Subsection (1) applies as if for the words from “he is residing” to the end of that

subsection there were substituted “he is residing, or has property or a source of

income, in any petty sessions district in Northern Ireland—

(a)
the court or the fines officer (as the case may be) may order that

payment of the sum shall be enforceable in that petty sessions

district, and

(b)
if such an order is made, the court or the fines officer must notify

the Lord Chancellor.” ’.

Requests from other member States: Northern Ireland

Mr David Hanson

NC45

To move the following Clause:—

‘(1)
This section applies where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the Lord Chancellor—

(i)
a certificate requesting enforcement under the Framework

Decision on financial penalties, and

(ii)
the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

and

(b)
the financial penalty is suitable for enforcement in Northern Ireland (see

section 80(A1)).

(2)
If the certificate states that the person required to pay the financial penalty is

normally resident in Northern Ireland, the Lord Chancellor must give the

documents mentioned in subsection (1)(a) to the clerk of petty sessions for the

petty sessions district in which it appears that the person is normally resident.

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(3)
Otherwise, the Lord Chancellor must give the documents mentioned in

subsection (1)(a) to the clerk of petty sessions for such petty sessions district as

appears appropriate.

(4)
Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor

must also give the clerk of petty sessions a notice—

(a)
stating whether the Lord Chancellor thinks that any of the grounds for

refusal apply (see section 80(1)), and

(b)
giving reasons for that opinion.

(5)
Where the person required to pay the financial penalty is a body corporate,

subsection (2) applies as if the reference to the petty sessions district in which it

appears that the person is normally resident were a reference to the petty sessions

district in which it appears that the person has its registered office.

(6)
Where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the central authority for Scotland the

documents mentioned in subsection (1), and

(b)
without taking any action to enforce the financial penalty in Scotland, the

central authority for Scotland gives the documents to the Lord

Chancellor,


this section applies as if the competent authority or central authority gave the

documents to the Lord Chancellor.’.

Procedure on receipt of certificate by clerk of petty sessions

Mr David Hanson

NC46

To move the following Clause:—

‘(1)
This section applies where the Lord Chancellor gives the clerk of petty sessions

for a petty sessions district—

(a)
a certificate requesting enforcement under the Framework Decision on

financial penalties,

(b)
the decision, or a certified copy of the decision, requiring payment of the

financial penalty to which the certificate relates, and

(c)
a notice under section (Requests from other member States: Northern

Ireland)(4).

(2)
The clerk must refer the matter to a magistrates’ court acting for the petty sessions

district.

(3)
The magistrates’ court must decide whether it is satisfied that any of the grounds

for refusal apply (see section 80(1)).

(4)
The clerk must inform the Lord Chancellor of the decision of the magistrates’

court.

(5)
Subsection (6) applies unless the magistrates’ court is satisfied that one or more

of the grounds for refusal apply.

(6)
Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675

(N.I.26)), and any instrument made under that Part, apply in relation to the

financial penalty as if it were a sum adjudged to be paid by a conviction of the

magistrates’ court on the date when the court made the decision mentioned in

subsection (4).

Public Bill Committee:
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(7)
If the certificate requesting enforcement under the Framework Decision on

financial penalties states that part of the financial penalty has been paid, the

reference in subsection (6) to the financial penalty is to be read as a reference to

such part of the penalty as remains unpaid.’.

Modification of Magistrates’ Courts (Northern Ireland) Order 1981

Mr David Hanson

NC47

To move the following Clause:—

‘(1)
Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I 1981/1675

(N.I. 26) is modified as follows in its application to financial penalties by virtue

of section (Procedure on receipt of certificate by clerk of petty sessions)(6) above.

(2)
Article 92 applies in relation to any financial penalty for an amount exceeding

£20,000 as if for paragraph (5) there were substituted—

  “(5)
The period for which a person may be committed to prison under this

Article in default of payment or levy of any sum or part of such sum

shall not exceed the maximum period which the Crown Court could

have fixed under section 35(1)(c) of the Criminal Justice Act

(Northern Ireland) 1945 had the financial penalty been a fine imposed

by the Crown Court.”

(3)
For the purpose of determining whether a financial penalty specified in a currency

other than sterling is for an amount exceeding £20,000, the exchange rate

prevailing on the relevant date must be used.

(4)
In subsection (3), the “relevant date” means the date on which the decision

imposing the financial penalty was made.

(5)
Article 95 applies as if for the words from “he is residing” in paragraph (1) to the

end of that paragraph there were substituted “he is residing, or has property or a

source of income, in any local justice area in England and Wales—

(a)
the court may order that payment of the sum shall be enforceable

in that local justice area, and

(b)
if such an order is made, the court must notify the Lord

Chancellor.” ’.

Transfer of certificates to central authority for Scotland

Mr David Hanson

NC48

To move the following Clause:—

‘(1)
This section applies where—

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the Lord Chancellor—

(i)
a certificate requesting enforcement under the Framework

Decision on financial penalties, and

Public Bill Committee:
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Criminal Justice and Immigration Bill, continued

(ii)
the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

but

(b)
the Lord Chancellor is not required by section 78 or (Requests from other

member States: Northern Ireland) to give the documents to a designated

officer for a local justice area in England and Wales or to a clerk of petty

sessions for a petty sessions district in Northern Ireland.

(2)
If the certificate states that the person is normally resident or has property or a

source of income in Scotland, the Lord Chancellor must give the documents to

the central authority for Scotland.’.

Contents of an accused’s defence statement

Mr David Hanson

nc60

To move the following Clause:—

‘In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25)

(contents of defence statement), after “prosecution,” in paragraph (c) insert—

“(ca)
setting out particulars of the matters of fact on which he intends

to rely for the purposes of his defence,”.’.

Appointment etc. of Northern Ireland Commissioner for Prison Complaints

Mr David Hanson

NC61

To move the following Clause:—

‘(1)
There shall be a Commissioner, to be known as the Northern Ireland

Commissioner for Prison Complaints (referred to in this Part as “the

Commissioner”).

(2)
The main functions of the Commissioner are—

(a)
dealing with eligible complaints (see sections (Northern Ireland

Commissioner for Prison Complaints: eligible complaints: general) to

(Northern Ireland Commissioner for Prison Complaints:

recommendations by Commissioner);

(b)
investigating deaths falling within the deaths remit (see sections

(Northern Ireland Commissioner for Prison Complaints: investigations

of deaths) and (Northern Ireland Commissioner for Prison Complaints:

reports on the outcome of a death investigation));

(c)
carrying out other investigations at the request of the Secretary of State

(see sections (Northern Ireland Commissioner for Prison Complaints:

investigations requested by the Secretary of State) and (Northern Ireland

Commissioner for Prison Complaints: reports on the outcome of an

investigation under section (Northern Ireland Commissioner for Prison

Complaints: investigations requested by the Secretary of State)).

(3)
The functions of the Commissioner are performed on behalf of the Crown.

Public Bill Committee:
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(4)
The Secretary of State shall pay such sums towards the expenses of the

Commissioner as the Secretary of State may determine.

(5)
Schedule (The Northern Ireland Commissioner for Prison Complaints) makes

further provision about the Commissioner.’.

Northern Ireland Commissioner for Prison Complaints: eligible complaints: general

Mr David Hanson

nc62

To move the following Clause:—

‘(1)
A complaint is eligible for the purposes of this Part if—

(a)
it is about a matter within the complaints remit;

(b)
the matter relates to events which occurred on or after 2 May 2005;

(c)
it is not ineligible by virtue of section (Northern Ireland Commissioner

for Prison Complaints: eligible complaints: specific requirements

applicable to all complaints); and

(d)
it is made to the Commissioner by a person entitled to make it.

(2)
A matter is within the complaints remit if it is of a description specified in Part 1

of Schedule (The Northern Ireland Commissioner for Prison Complaints:

complaints remit) and is not an excluded matter.

(3)
In subsection (2) “excluded matter” means—

(a)
a matter specified under subsection (4);

(b)
a matter to which subsection (5) applies; or

(c)
a health care matter (see subsection (7)).

(4)
The Secretary of State may by order specify matters that are to be excluded

matters for the purposes of subsection (2).


The matters so specified may (without prejudice to the generality of the power)

include complaints relating to events occurring at any description of applicable

premises specified in the order.

(5)
This subsection applies to any matter which has been determined—

(a)
by a court (whether at a trial or otherwise);

(b)
by a tribunal specified in Schedule 1 to the Tribunals and Inquiries Act

1992 (c. 53);

(c)
by the Secretary of State or the Life Sentence Review Commissioners

under the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564

(N.I.2));

(d)
by the Secretary of State or the Sentence Review Commissioners under

the Northern Ireland (Sentences) Act 1998 (c. 35);

(e)
by the Secretary of State under the Northern Ireland (Remission of

Sentences) Act 1995 (c. 47).

(6)
Nothing in subsection (5) affects the eligibility of a complaint about the conduct

of a person in connection with the provision of a report for—

(a)
a court or tribunal, or

(b)
the Secretary of State, the Life Sentence Review Commissioners or the

Sentence Review Commissioners in connection with their functions

under any enactment mentioned in subsection (5)(c) to (e).

(7)
A health care matter is a matter relating to—

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Criminal Justice and Immigration Bill, continued

(a)
action taken in relation to general health services by a person mentioned

in Article 8(3)(a) to (d) of the Commissioner for Complaints (Northern

Ireland) Order 1996 (S.I. 1996/1297 (N.I.7)), or

(b)
action taken in relation to a service provided under arrangements with a

health and social services body or a general health services provider by a

person mentioned in Article 8A(3)(a) to (d) of that Order.

(8)
In subsection (7), “action”, “general health services”, “general health services

provider” and “health and social services body” have the same meaning as in that

Order.

(9)
It is for the Commissioner to determine procedures for the making of complaints

(but they must not preclude the making of oral complaints).

(10)
A person is entitled to make a complaint if that person—

(a)
is the relevant person in relation to the complaint; or

(b)
where the relevant person is dead or unable to act, appears to the

Commissioner to be an appropriate person to make the complaint.

(11)
In this Part, “the relevant person”, in relation to a complaint about a matter within

the complaints remit, is the person mentioned in the relevant paragraph of

Schedule (The Northern Ireland Commissioner for Prison Complaints:

complaints remit) as having been affected by that matter.

(12)
For the purpose of determining whether a part of a complaint is eligible for the

purposes of this Part, any reference in this section (apart from subsection (9)) to

a complaint may be read as including a reference to a part of a complaint.’.

Northern Ireland Commissioner for Prison Complaints: eligible complaints: specific

requirements applicable to all complaints

Mr David Hanson

nc63

To move the following Clause:—

‘(1)
Subject to subsection (3), a complaint is ineligible by virtue of this section if the

Commissioner is satisfied that any of the requirements specified in subsection (2)

has not been met.

(2)
Those requirements are—

(a)
that a period of no more than one year has passed since the complainant

first became aware of the matters giving rise to the substance of the

complaint;

(b)
that the substance of the complaint has been communicated to the

responsible authority and it has had a reasonable opportunity to deal with

it; and

(c)
where the responsible authority has responded to the substance of the

complaint following such a communication (whether by rejecting it or by

addressing it in some other way) that a period of no more than three

months has passed since it did so.

(3)
But the Commissioner may—

(a)
waive any requirement specified in subsection (2), or

(b)
extend any period so specified,


if satisfied that there is good reason why that requirement or period should be

waived or extended in relation to the complaint.