House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee:
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Criminal Justice and Immigration Bill, continued

(3)
In this section, a local authority is a “relevant local authority” if it is a local

authority in whose area—

(a)
the court is located, or

(b)
the child or young person lives.’.

Principal aim of the youth justice system

Mr David Heath

David Howarth

NC13

To move the following Clause:—

‘(1)
Section 37 of the Crime and Disorder Act 1998 (c.37) (aim of the youth justice

system) is amended as follows.

(2)
In subsection (1), after “preventing offending” insert “(including re-offending)”.

(3)
At end insert—

“(3)
Subsection (2) above is subject to section 142A(2) of the Criminal Justice

Act 2003 (which requires a court to have a regard primarily to the welfare

and well-being of offenders aged under 18 in accordance with its duties

under section 44 of the Children and Young Persons Act 1933).”.’.

Courts to have regard to the welfare and well-being of offenders under 18

Mr David Heath

David Howarth

nc14

To move the following Clause:—

‘(1)
Section 44 of the Children and Young Persons Act 1933 (principles to be

observed by all courts in dealing with children and young persons: general

considerations) is amended as follows.

(2)
In subsection (1) after “shall have regard to the welfare”, insert “and well-being”.

(3)
After subsection (1) insert—

“(1A)
In complying with their duties under subsection (1), courts shall have

regard in particular to the following matters—

(a)
in respect of welfare, the matters set out in section 1(3) of the

Children Act 1989; and

(b)
in respect of well-being, the matters set out in section 10(2) of the

Children Act 2004.”’.

Public Bill Committee:
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Criminal Justice and Immigration Bill, continued

Extension of a referral order

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

nc15

To move the following Clause:—

‘(1)
Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended

as follows.

(2)
In paragraph 5(1) for “power” substitute “powers”.

(3)
For paragraph 5(2) substitute—

“(2)
Those powers are the powers to revoke the referral order (or each of the

referral orders) or extend it by up to 3 months.”.

(4)
In paragraph 5(5) for “so dealing with the offender” substitute “revoking an order

for an offence specified in sub-paragraph (4).”.

(5)
In paragraph 5(6) after “The appropriate court may not exercise the” insert

“revocation”.’.

Accommodation in which persons aged under 18 may be detained

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC16

To move the following Clause:—

‘(1)
No person aged under 18 shall be detained in a young offender institution or a

secure training centre unless the Secretary of State certifies that he can be

detained safely.

(2)
In section 107(1) of the Powers of Criminal Courts (Sentencing Act) 2000

(meaning of “youth detention accommodation”)—

(a)
omit paragraphs (a) and (b); and

(b)
in paragraph (c) after “by order specify” insert “but not including a secure

training centre or young offender institution”.

(3)
At the end of section 92(1)(b) of the Powers of Criminal Courts (Sentencing) Act

2000 (detention under sections 90 and 91: place of detention etc.) substitute the

full stop for a comma.

(4)
At the end of section 92(1) insert “provided that such place is not a secure training

centre or young offender institution”.

(5)
Omit sections 23(7A) and (7B) of the Children and Young Persons Act 1969.

(6)
Omit section 98 of the Crime and Disorder Act 1998.’.

Public Bill Committee:
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Criminal Justice and Immigration Bill, continued

Detention of persons believed to have committed an immigration offence

Mr Philip Hollobone

NC17

To move the following Clause:—

‘(1)
If a constable has reasonable grounds to believe that a person (“P”)—

(a)
has committed an offence under the Immigration Acts, and

(b)
has not taken reasonable steps to regularize his immigration status with

the Borders and Immigration Agency,

he must immediately detain P in custody.

(2)
P may be detained until—

(a)
the Borders and Immigration Agency has assumed responsibility for P, or

(b)
the period of 48 hours has elapsed,

whichever is the earlier.

(3)
The constable must, immediately after detaining P, inform the Borders and

Immigration Agency of the circumstances.

(4)
The Borders and Immigration Agency must—

(a)
ensure that an officer of the Agency meets P, and

(b)
take all other reasonable steps to determine P’s immigration status,

within 48 hours of P’s being detained.’.

Offences under football banning order

Mr Philip Hollobone

NC18

To move the following Clause:—

‘If a constable has reasonable grounds to believe that a person (“P”) is about to

breach the terms of a football banning order, he may require P to present his

passport.’.

Youth rehabilitation orders: report to Parliament

Mr Harry Cohen

nc19

To move the following Clause:—

‘The Secretary of State must, within six months of the passing of this Act, lay a

report before both Houses of Parliament on—

(a)
the administrative changes he proposes to put in place to further the

welfare and development of children subject to youth rehabilitation

orders, and

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(b)
arrangements for pre-court procedures and post-court joint working of

agencies with a view to minimising court involvement.’.

Child offenders: report to Parliament

Mr Harry Cohen

nc20

To move the following Clause:—

‘The Secretary of State must, within six months of the passing of this Act, lay a

report before both Houses of Parliament on the level of increased funding for

youth offending teams and partner agencies involved in dealing with child

offenders.’.

Restraint of child offenders: report to Parliament

Mr Harry Cohen

nc21

To move the following Clause:—

‘The Secretary of State must, within six months of the passing of this Act, lay a

report before both Houses of Parliament on safe restraint practices for child

offenders.’.

Orders to promote rehabilitation of persons paying for the sexual services of a prostitute

Mr Harry Cohen

nc22

To move the following Clause:—

‘(1)
The Street Offences Act 1959 (c. 57) is amended as follows.

(2)
After section 1A (inserted by section 72 of this Act) insert—

“1B
Orders to promote rehabilitation of persons paying for the sexual

services of a prostitute who has been trafficked

(1)
This subsection applies to any person who has paid for the sexual

services of a prostitute who has been trafficked.

(2)
The court may make an order under this subsection requiring a person to

whom subsection (1) applies to attend three meetings with the person for

the time being specified in the order (“the supervisor”) or with such other

person as the supervisor may direct.

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(3)
The purpose of any order under subsection (2) is to promote the person’s

rehabilitation by assisting him, through attendance at those meetings,

to—

(a)
address the causes of his conduct, and

(b)
find ways to cease engaging in such conduct in the future.

(4)
Section 1A applies where a court proposes to make an order under

subsection (2) as if the person subject to the order were the offender.”’.

Protection of vulnerable persons following conviction

Mr Harry Cohen

Mr David Heath

David Howarth

nc23

To move the following Clause:—

‘(1)
The Magistrates’ Courts Act 1980 (c. 43) is amended as follows.

(2)
After section 11 insert—

“11A
Protection of vulnerable persons following conviction

(1)
Where a court has proceeded in the absence of an accused under section

11 and following conviction the court or its officers are informed or

discover that the convicted person falls into a vulnerable category as laid

down by page 9 of the National Standards for Enforcement Agents, no

further steps under a fines collection order or enforcement measure shall

be taken until the court has held an inquiry into the means and

circumstances of the convicted person in his/her presence.

(2)
When conducting an inquiry into means and circumstances of the

convicted persons under subsection (1) the court shall also consider

whether any other occupant of the property in which the convicted person

resides falls into a vulnerable category.

(3)
Where on having conducted the inquiries required by subsection (1) in

the presence of the convicted person who is subject to the fine, and

having considered the situation of any other occupant required by

subsection (2), the court may vary the level of fine imposed on the

convicted person or substitute it with another penalty it considers

appropriate.

(4)
Where, on having conducted the inquiries required by subsection (1) in

the presence of the convicted person and having consdered the situation

of any other occupant as required by subsection (2), the court may place

such restrictions on enforcement as it sees fit and amend any fines

collection order as it sees fit, including withdrawing or cancelling the

order.

(5)
Where the court or its officers are informed or discover that a convicted

person falls or is likely to fall into a vulnerable category any warrant of

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Criminal Justice and Immigration Bill, continued

distress issued will be suspended and returned to the court for further

consideration.”’.

Provision of attendance centres

Mr David Heath

David Howarth

NC24

To move the following Clause:—

‘(1)
Section 221 of the Criminal Justice Act 2003 (c. 44) (provision of attendance

centres) is amended as follows.

(2)
In subsection (1) after “provide attendance centres”, insert “for offenders aged 18

and under 21; and through the Youth Justice Board to provide funding for

attendance centres for offenders aged 10 and under 18”.

(3)
After subsection (1) insert—

“(1A)
Youth offending teams may provide attendance centres for offenders

aged 10 and under 18.”

(4)
In subsection (2) for “25” substitute “21”.

(5)
In subsection (3) after “centres”, insert “for offenders aged 18 and under 21”.

(6)
After subsection (3) insert—

“(4)
For the purpose of providing attendance centres, youth offending teams

may make arrangements with any authority or organisation for the use of

their premises.”’.

Offence of pretending to be a legal executive

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

NC25

To move the following Clause:—

‘(1)
It is an offence for a person who is not a legal executive—

(a)
wilfully to pretend to be a legal executive, or

(b)
with the intention of implying falsely that that person is a legal executive,

to take or use any name, title or description.

(2)
A person who is guilty of an offence under subsection (1) is liable—

(a)
on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum (or both), and

(b)
on conviction on indictment, to imprisonment for a term not exceeding 2

years or a fine (or both).

(3)
In relation to an offence under subsection (1) committed before the

commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the

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reference in subsection (2)(a) to 12 months is to be read as a reference to six

months.

(4)
In this section “legal executive” means a Fellow of the Institute of Legal

Executives.’.

Restriction on extradition in cases where trial in United Kingdom more appropriate

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Mr David Heath

David Howarth

NC26

To move the following Clause:—

‘(1)
The Extradition Act 2003 (c. 41) is amended as follows.

(2)
In section 11 (bars to extradition)—

(a)
at the end of subsection (1) there is inserted—

“(j)
forum.”;

(b)
in subsection (2), for the words from “12” to “apply” there is substituted

“12 to 19B apply”.

(3)
After section 19A there is inserted—

“19B
Forum

(1)
A person’s extradition to a category 1 territory (“the requesting

territory”) is barred by reason of forum if (and only if) it appears that—

(a)
a significant part of the conduct alleged to constitute the

extradition offence is conduct in the United Kingdom, and

(b)
in view of that an all the other circumstances, it would not be in

the interests of justice for the person to be tried for the offence in

the requesting territory.

(2)
For the purposes of subsection (1)(b) the judge must take into account

whether the relevant prosecution authorities in the United Kingdom have

decided not to take proceedings against the person in respect of the

conduct in question.

(3)
This section does not apply if the person is alleged to be unlawfully at

large after conviction of the extradition offence.”

(4)
In section 79 (bars to extradition)—

(a)
at the end of subsection (1) there is inserted—

“(e)
forum.”;

(f)
in subsection (2), for “Sections 80 to 83” there is substituted

“Sections 80 to 83A”.

(5)
After section 83 there is inserted—

“83A
Forum

(1)
A person’s extradition to a category 2 territory (“the requesting

territory”) is barred by reason of forum if (and only if) it appears that—