House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee:
634

Criminal Justice and Immigration Bill, continued

(a)
section 47 of the Adoption Act 1976 (which disapplies the

status provisions in section 39 of that Act for the purposes of

this section in relation to adoptions before 30 December

2005), or

(b)
section 74 of the Adoption and Children Act 2002 (which

disapplies the status provisions in section 67 of that Act for

those purposes in relation to adoptions on or after that date),


is to be read as preventing the application of section 39 of the

Adoption Act 1976 or section 67 of the Adoption and Children Act

2002 for the purposes of subsection (3)(za) and (zb) above.”

6    (1)
Section 65 (sex with an adult relative: consenting to penetration) is amended

as follows.

      (2)
In subsection (1) after “(A)” insert “(subject to subsection (3A))”.

      (3)
In subsection (3) after “In subsection (2)—” insert—

“(za)
“parent” includes an adoptive parent;

(zb)
“child” includes an adopted person within the meaning of

Chapter 4 of Part 1 of the Adoption and Children Act 2002;”.

      (4)
After that subsection insert—

“(3A)
Where subsection (1) applies in a case where A is related to B as B’s

child by virtue of subsection (3)(zb), A does not commit an offence

under this section unless A is 18 or over.”

      (5)
After subsection (5) insert—

“(6)
Nothing in—

(a)
section 47 of the Adoption Act 1976 (which disapplies the

status provisions in section 39 of that Act for the purposes of

this section in relation to adoptions before 30 December

2005), or

(b)
section 74 of the Adoption and Children Act 2002 (which

disapplies the status provisions in section 67 of that Act for

those purposes in relation to adoptions on or after that date),


is to be read as preventing the application of section 39 of the

Adoption Act 1976 or section 67 of the Adoption and Children Act

2002 for the purposes of subsection (3)(za) and (zb) above.”

7
In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39

(status conferred by adoption) for the purposes of miscellaneous enactments)

for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute

“or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult

relative)”.’.

Mr David Hanson

NS4

To move the following Schedule:—

‘Section 327A of the Criminal Justice Act 2003: meaning of “child sex offence”


The following is the Schedule to be inserted as Schedule 34A to the Criminal

Justice Act 2003 (c. 44)—

Public Bill Committee:
635

Criminal Justice and Immigration Bill, continued

Child sex offences for purposes of section 327A

Offences under provisions repealed by Sexual Offences Act 2003

1
An offence under—

(a)
section 5 or 6 of the Sexual Offences Act 1956 (intercourse

with girl under 13 or 16), or

(b)
section 28 of that Act (causing or encouraging the

prostitution of, intercourse with or indecent assault on girl

under 16).

2
An offence under any of—

(a)
section 1 of that Act (rape),

(b)
section 10 of that Act (incest by a man), and

(c)
sections 12 to 16 of that Act (buggery, indecency between

men, indecent assault and assault with intent to commit

buggery),


where the victim or (as the case may be) the other party was under

18 at the time of the offence.

3
An offence under section 1 of the Indecency with Children Act

1960 (indecent conduct towards child under 14).

4
An offence under section 9 of the Theft Act 1968 of burglary with

intent to commit rape where the intended offence was an offence

against a person under 18.

5
An offence under section 54 of the Criminal Law Act 1977

(incitement of child under 16 to commit incest).

6
An offence under section 3 of the Sexual Offences (Amendment)

Act 2000 (abuse of position of trust).

Other offences

7
An offence under any of—

(a)
sections 5 to 8 of the Sexual Offences Act 2003 (rape and

other offences against children under 13),

(b)
sections 9 to 15 of that Act (child sex offences),

(c)
sections 16 to 19 of that Act (abuse of position of trust),

(d)
sections 25 and 26 of that Act (familial child sex offences),

and

(e)
sections 47 to 50 of that Act (abuse of children through

prostitution and pornography).

8
An offence under any of—

(a)
sections 1 to 4 of that Act (rape, assault and causing sexual

activity without consent),

(b)
sections 30 to 41 of that Act (persons with a mental

disorder impeding choice, inducements etc to persons with

a mental disorder, and care workers for persons with a

mental disorder), and

(c)
section 61 of that Act (administering a substance with

intent),

Public Bill Committee:
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Criminal Justice and Immigration Bill, continued


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

offence.

9
An offence under section 62 or 63 of that Act (committing an

offence with intent to commit a sexual offence and trespass with

intent to commit a sexual offence) where the intended offence was

an offence against a person under 18.

10
An offence under section 66 or 67 of that Act (exposure and

voyeurism) where the victim or intended victim of the offence was

under 18 at the time of the offence.

11
An offence under—

(a)
section 1 of the Protection of Children Act 1978 (indecent

photographs of children), or

(b)
section 160 of the Criminal Justice Act 1988 (possession of

indecent photograph of child).

12
An offence under section 170 of the Customs and Excise

Management Act 1979 (penalty for fraudulent evasion of duty etc)

in relation to goods prohibited to be imported under section 42 of

the Customs Consolidation Act 1876 (indecent or obscene articles)

where the prohibited goods included any indecent photograph

showing a person under 18.

13
An offence under section 64 of the Criminal Justice and

Immigration Act 2008 (possession of extreme pornographic

images) in relation to an image showing a person under 18.

General

14
A reference in this Schedule to an offence (“offence A”) includes—

(a)
a reference to an attempt to commit offence A,

(b)
a reference to a conspiracy to commit offence A,

(c)
a reference to incitement to commit offence A,

(d)
a reference to an offence under Part 2 of the Serious Crime

Act 2007 in relation to which offence A is the offence (or

one of the offences) which the person intended or believed

would be committed, and

(e)
a reference to aiding and abetting, counselling or procuring

the commission of offence A.

15
A reference in this Schedule to an offence (“offence A”) includes—

(a)
a reference to an offence under section 70 of the Army Act

1955, section 70 of the Air Force Act 1955 or section 42 of

the Naval Discipline Act 1957 as respects which the

corresponding civil offence (within the meaning given by

the section in question) is offence A, and

(b)
a reference to an offence under section 42 of the Armed

Forces Act 2006 as respects which the corresponding

offence under the law of England and Wales (within the

meaning given by that section) is offence A.”.’.

Public Bill Committee:
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Criminal Justice and Immigration Bill, continued

Mr David Hanson

NS5

To move the following Schedule:—

‘Penalties suitable for enforcement in England and Wales or Northern

Ireland

Person residing in England and Wales

1
The financial penalty is suitable for enforcement in England and Wales if the

certificate states that the person required to pay the penalty is normally resident

in England and Wales.

Person residing in Northern Ireland

2
The financial penalty is suitable for enforcement in Northern Ireland if the

certificate states that the person required to pay the penalty is normally resident

in Northern Ireland.

Person having property etc. in England and Wales

3
The financial penalty is suitable for enforcement in England and Wales if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in England and Wales, and

(b)
the certificate does not state—

(i)
that the person has property or a source of income in Northern

Ireland or Scotland, or

(ii)
that the person is normally resident in the United Kingdom.

Person having property etc. in Northern Ireland

4
The financial penalty is suitable for enforcement in Northern Ireland if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in Northern Ireland, and

(b)
the certificate does not state—

(i)
that the person has property or a source of income in England

and Wales or Scotland, or

(ii)
that the person is normally resident in the United Kingdom.

Person having property etc. in England and Wales and Northern Ireland

5    (1)
This paragraph applies if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in England and Wales,

(b)
the certificate also states that the person has property or a source of

income in Northern Ireland, and

(c)
the certificate does not state —

(i)
that the person has property or a source of income in Scotland,

or

(ii)
that the person is normally resident in the United Kingdom.

      (2)
The financial penalty is suitable for enforcement in England and Wales unless

it is suitable for enforcement in Northern Ireland by virtue of sub-paragraph

(3).

Public Bill Committee:
638

Criminal Justice and Immigration Bill, continued

      (3)
The financial penalty is suitable for enforcement in Northern Ireland if the

Lord Chancellor thinks that it is more appropriate for the penalty to be

enforced in Northern Ireland than in England and Wales.

Person having property etc. in England and Wales and Scotland

6    (1)
This paragraph applies if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in England and Wales,

(b)
the certificate also states that the person has property or a source of

income in Scotland, and

(c)
the certificate does not state —

(i)
that the person has property or a source of income in Northern

Ireland, or

(ii)
that the person is normally resident in the United Kingdom.

      (2)
The financial penalty is suitable for enforcement in England and Wales unless

sub-paragraph (3) applies.

      (3)
This sub-paragraph applies if—

(a)
the Lord Chancellor was given the certificate by the competent

authority or central authority of another member State (and not by the

central authority for Scotland), and

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Scotland than in England and Wales.

Person having property etc. in Northern Ireland and Scotland

7    (1)
This paragraph applies if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in Northern Ireland,

(b)
the certificate also states that the person has property or a source of

income in Scotland, and

(c)
the certificate does not state —

(i)
that the person has property or a source of income in England

and Wales, or

(ii)
that the person is normally resident in the United Kingdom.

      (2)
The financial penalty is suitable for enforcement in Northern Ireland unless

sub-paragraph (3) applies.

      (3)
This sub-paragraph applies if—

(a)
the Lord Chancellor was given the certificate by the competent

authority or central authority of another member State (and not by the

central authority for Scotland), and

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Scotland than in Northern Ireland.

Person having property etc. in England and Wales, Scotland and Northern Ireland

8    (1)
This paragraph applies if—

(a)
the certificate states that the person required to pay the penalty has

property or a source of income in Northern Ireland,

(b)
the certificate also states that the person has property or a source of

income in England and Wales and in Scotland, and

(c)
the certificate does not state that the person is normally resident in the

United Kingdom.

Public Bill Committee:
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Criminal Justice and Immigration Bill, continued

      (2)
The financial penalty is suitable for enforcement in England and Wales

unless—

(a)
the penalty is suitable for enforcement in Northern Ireland by virtue of

sub-paragraph (3) or (4), or

(b)
sub-paragraph (5) applies.

      (3)
The financial penalty is suitable for enforcement in Northern Ireland if—

(a)
the Lord Chancellor was given the certificate by the competent

authority or central authority of another member State (and not by the

central authority for Scotland),

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Northern Ireland than in England and Wales

or Scotland.

      (4)
The financial penalty is suitable for enforcement in Northern Ireland if—

(a)
the Lord Chancellor was given the certificate by the central authority

for Scotland, and

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Northern Ireland than in England and Wales.

      (5)
The sub-paragraph applies if—

(a)
the Lord Chancellor was given the certificate by the competent

authority or central authority of another member State (and not by the

central authority for Scotland), and

(b)
the Lord Chancellor thinks that it is more appropriate for the financial

penalty to be enforced in Scotland than in England and Wales or

Northern Ireland.

Interpretation

9
Where the person is a body corporate, this Schedule applies as if—

(a)
the reference in paragraph 1 to the person being normally resident in

England and Wales were a reference to the person having its registered

office in England and Wales,

(b)
the reference in paragraph 2 to the person being normally resident in

Northern Ireland were a reference to the person having its registered

office in Northern Ireland, and

(c)
any reference to the person being normally resident in the United

Kingdom were a reference to the person having its registered office in

the United Kingdom.’.

Mr David Hanson

NS6

To move the following Schedule:—

‘The Northern Ireland Commissioner for Prison Complaints

Appointment and removal from office

10
Her Majesty may appoint a person to be the Commissioner.

11  (1)
A person appointed as Commissioner shall hold office for such term, not

exceeding five years, as may be specified in the terms of appointment.

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Criminal Justice and Immigration Bill, continued

      (2)
At the end of that term the person concerned is eligible for re-appointment for

a further period not exceeding five years.

      (3)
A person may not be re-appointed for a third consecutive term unless, by

reason of special conditions, such re-appointment is desirable in the public

interest.

12  (1)
The Commissioner may be relieved of office by Her Majesty at the

Commissioner’s own request or removed from office by Her Majesty in

consequence of Addresses from both Houses of Parliament.

      (2)
Her Majesty may declare the office of Commissioner to have been vacated if

satisfied that the person appointed is incapable for medical reasons of

performing the functions of that office.

Remuneration, pensions and other benefits

13
The Secretary of State shall pay the Commissioner such remuneration and such

travelling and other allowances as the Secretary of State may determine.

14
The Secretary of State shall pay to or in respect of a person who holds or has

held office as Commissioner such pension, allowances or gratuities as the

Secretary of State may determine.

Appointment of acting Commissioner

15  (1)
Where the office of Commissioner becomes vacant, the Secretary of State may

appoint a person as acting Commissioner.

      (2)
The power under sub-paragraph (1) may not be exercised after the end of the

period of two years beginning with the day on which the vacancy arose.

16  (1)
Any person holding office as acting Commissioner shall cease to hold that

office—

(a)
on the appointment of a new Commissioner; or

(b)
at the end of the period of two years beginning with the day on which

the vacancy arose.

      (2)
Otherwise, a person appointed as acting Commissioner holds office in

accordance with the terms of appointment.

17
A person holding office as acting Commissioner is to be treated for all

purposes (apart from those of paragraphs 1 to 7) as the Commissioner.

The Commissioner’s staff

18
The Commissioner’s staff shall be provided by (or in pursuance of

arrangements made by) the Secretary of State.

Delegation of functions

19  (1)
Any function of the Commissioner may be performed on behalf of the

Commissioner by an authorised member of staff (but only to the extent that the

person concerned is authorised to do so).

      (2)
In sub-paragraph (1) “authorised member of staff” means a member of the

Commissioner’s staff who is authorised by the Commissioner to exercise that

function.

Advisers

20  (1)
The Commissioner may obtain advice to assist in the performance of any of the

Commissioner’s functions from any person who appears to the Commissioner

to be qualified to give it.