House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Public Bill Committee Proceedings: 29th November 2007
102

Criminal Justice and Immigration Bill, continued

‘(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

Added  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

(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.’.

Public Bill Committee Proceedings: 29th November 2007
103

Criminal Justice and Immigration Bill, continued

Contents of an accused’s defence statement

Mr David Hanson

Added  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

Added  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.

(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

Added  nc62

To move the following Clause:—

Public Bill Committee Proceedings: 29th November 2007
104

Criminal Justice and Immigration Bill, continued

‘(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—

(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

Public Bill Committee Proceedings: 29th November 2007
105

Criminal Justice and Immigration Bill, continued

(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

Added  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.

(4)
In this section “the responsible authority”, in relation to a complaint, means the

controlling authority appearing to the Commissioner to have the most direct

responsibility for the matters covered by the complaint.

(5)
For the purpose of determining whether a part of a complaint is ineligible by

virtue of this section, any reference in this section to a complaint may be read as

including a reference to a part of a complaint.’.

Public Bill Committee Proceedings: 29th November 2007
106

Criminal Justice and Immigration Bill, continued

Northern Ireland Commissioner for Prison Complaints: treatment of complaints

Mr David Hanson

Added  NC64

To move the following Clause:—

‘(1)
This section applies where a complaint is made to the Commissioner.

(2)
The Commissioner shall—

(a)
consider the eligibility of the complaint, and

(b)
unless it is rejected as being ineligible, take appropriate action to deal

with the complaint.


The duty under paragraph (b) is subject to the following provisions of this section.

(3)
The action which may be taken by the Commissioner to deal with the complaint

is—

(a)
investigating the complaint, or

(b)
taking, or facilitating the taking by another person of, any other action

(such as mediation or conciliation) which the Commissioner considers

may result in the resolution of the complaint,


or any combination of the actions mentioned in paragraph (a) and (b).

(4)
The Commissioner shall reject the whole or any part of the complaint if—

(a)
when considering the eligibility of the complaint under subsection (2), or

(b)
at any time before the complaint has been fully dealt with,


the Commissioner decides that the complaint or part of the complaint is ineligible.

(5)
The Commissioner need not decide that the whole or any part of the complaint is

ineligible so long as the Commissioner considers that it is or might be eligible.

(6)
The Commissioner may (for any reason not relating to eligibility) decline to take,

defer or stop taking action to deal with the whole or any part of the complaint.

(7)
Where the Commissioner—

(a)
rejects part of a complaint, or

(b)
declines to take or stops taking action to deal with part of a complaint,


the rest of the complaint shall be dealt with subsequently as if it were the

complaint made by the complainant.

(8)
Where—

(a)
the whole or any part of a complaint has been rejected, or

(b)
a power under subsection (7)(b) has been exercised,


the Commissioner may decide to re-open (and take action or further action under

subsection (3) to deal with) the whole or any part of the complaint.

(9)
But a complaint or part of a complaint may not be re-opened unless the

Commissioner considers that it is or might be eligible.

(10)
Where part of a complaint is re-opened it may be dealt with subsequently as if it

were a separate complaint made by the complainant.

(11)
If the Commissioner decides—

(a)
to reject the whole or any part of the complaint,

(b)
to take any step mentioned in subsection (6) or (8),


the Commissioner shall notify the complainant (with a brief statement of the

reasons for the decision) and may notify such other persons as the Commissioner

thinks fit.

(12)
Notification under subsection (11) may be given orally.

(13)
If the complainant has died or is unable to act, the reference in subsection (11) to

the complainant is to be read as a reference to the person who appears to the

Commissioner to be the most appropriate person to receive the notification.

Public Bill Committee Proceedings: 29th November 2007
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Criminal Justice and Immigration Bill, continued

(14)
Subject to the provisions of this section, it is for the Commissioner to determine

the procedures applicable to anything which is to be done in relation to the

complaint.’.

Northern Ireland Commissioner for Prison Complaints: report on the outcome of an

investigation

Mr David Hanson

Added  nc65

To move the following Clause:—

‘(1)
If a complaint has been investigated or otherwise dealt with, the Commissioner—

(a)
shall make a report on the outcome of the investigation to the

complainant; and

(b)
may make a report on that outcome to any other person.

(2)
The Commissioner may—

(a)
make a report orally;

(b)
make different reports to different persons;

(c)
show any person a draft of the whole or any part of a report;

(d)
publish the whole or any part of a report.

(3)
But the Commissioner shall not under subsection (2)(d)—

(a)
identify the complainant without the complainant’s consent;

(b)
if the complainant is not the relevant person in relation to the complaint,

identify the relevant person without the consent of the complainant;

(c)
identify any individual from whom any information in the report was

received; or

(d)
except where the Commissioner thinks it necessary in the public interest,

identify any individual to whom any information in the report relates.

(4)
Subsection (3)(c) and (d) do not apply in relation to the complainant or (if

different) the relevant person.

(5)
If the complainant has died or is unable to act—

(a)
the report required under subsection (1)(a) shall be made to the person

who appears to the Commissioner to be the most appropriate person to

receive it; and

(b)
the consent required by subsection (3)(b) may be given by any person

appearing to the Commissioner to be an appropriate person to give that

consent.’.

Northern Ireland Commissioner for Prison Complaints: recommendations by

Commissioner

Mr David Hanson

Added  nc66

To move the following Clause:—

Public Bill Committee Proceedings: 29th November 2007
108

Criminal Justice and Immigration Bill, continued

‘(1)
The Commissioner may make recommendations to a controlling authority about

any matter arising from a complaint which is or has been the subject of

investigation by the Commissioner.

(2)
The authority must, within the period of 28 days commencing with the day on

which it receives the recommendations, respond in writing to the Commissioner

setting out (with reasons) what it proposes to do about them.

(3)
The Commissioner may report on that response to such persons as the

Commissioner may think fit.

(4)
Subsections (2) to (5) of section (Northern Ireland Commissioner for Prison

Complaints: report on the outcome of an investigation) apply in relation to

reports under subsection (3) above as they apply in relation to reports required by

that section.’.

Northern Ireland Commissioner for Prison Complaints: investigation of deaths

Mr David Hanson

Added  nc67

To move the following Clause:—

‘(1)
The Commissioner shall carry out an investigation of every death falling within

the deaths remit.

(2)
A death falls within the deaths remit if it is of a description specified in Schedule

(Northern Ireland Commissioner for Prison Complaints: deaths remit).

(3)
In carrying out the investigation, the Commissioner must aim—

(a)
to establish the circumstances surrounding the death; and

(b)
if the Commissioner considers it would be helpful to do so, to identify

steps that should be taken for the purpose of eliminating or reducing the

risk of deaths occurring under the same or similar circumstances.

(4)
Subject to that, it is for the Commissioner to determine the scope of, and the

procedure to be applied to, the investigation.

(5)
The Commissioner may defer the whole or any part of the investigation at the

request of a person who —

(a)
is conducting a criminal investigation, and

(b)
considers that that investigation might be adversely affected by the

Commissioner’s investigation.

(6)
In subsection (5) “criminal investigation” means an investigation conducted by

police officers or other persons with a view to ascertaining whether an offence has

been committed or whether a person should be charged with an offence.

(7)
The Commissioner may at any time reopen the investigation of—

(a)
a death previously investigated under this section; or

(b)
a death previously investigated by the Prisoner Ombudsman for Northern

Ireland that would, if it occurred after the commencement of this section,

fall within the deaths remit;


and a re-opened investigation shall be treated for the purposes of this Part as a

separate investigation under this section.

(8)
The Commissioner may make recommendations to a controlling authority about

any matter arising from an investigation.