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
116

Criminal Justice and Immigration Bill, continued

(b)
any member of the Commissioner’s staff, and

(c)
any person from whom advice is obtained advice by virtue of paragraph

11 of Schedule (The Northern Ireland Commissioner for Prison

Complaints).

(3)
A person who is guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.’.

Northern Ireland Commissioner for Prison Complaints: notification of matters of

potential concern to the police or other authorities

Mr David Hanson

Added  NC78

To move the following Clause:—

‘(1)
If while performing any functions the Commissioner forms the opinion—

(a)
that there should be a criminal investigation into any matter, or

(b)
that a controlling authority should, as a matter of urgency, take action in

relation to any matter,


the Commissioner may notify a police force or that authority (as the case may be)

of the matter as soon as is practicable.

(2)
A notification under subsection (1) may include such information relating to the

matter in question as the Commissioner thinks fit.’.

Northern Ireland Commissioner for Prison Complaints: power to pay expenses

Mr David Hanson

Added  NC79

To move the following Clause:—

‘(1)
Subject to subsection (3), the Commissioner may make payments (of such

amounts as the Commissioner thinks fit) towards the expenses of—

(a)
a person who has made an eligible complaint; or

(b)
a person who provides the Commissioner with information or other

assistance in relation to an eligible complaint or to an investigation under

section (Northern Ireland Commissioner for Prison Complaints:

investigations of deaths) or (Northern Ireland Commissioner for Prison

Complaints: investigations requested by the Secretary of State).

(2)
The Treasury may issue guidelines in relation to—

(a)
the circumstances under which payments under this section may be

made; and

(b)
the amounts of such payments.

(3)
The Commissioner must comply with any guidelines so issued.’.

Public Bill Committee Proceedings: 29th November 2007
117

Criminal Justice and Immigration Bill, continued

Transitional provision: the Prisoner Ombudsman for Northern Ireland

Mr David Hanson

Added  NC80

To move the following Clause:—

‘(1)
The Prisoner Ombudsman for Northern Ireland (“the Ombudsman”) has no

power to act in relation to—

(a)
any complaint made after commencement (whether or not it relates to

events which occurred before or on or after 2 May 2005);

(b)
any death or other matter occurring after commencement;

(c)
any matter referred by the Secretary of State after commencement.

(2)
The Ombudsman shall continue to act (under the applicable terms of reference)

in relation to—

(a)
any complaint made before commencement (“an existing complaint”),

(b)
any death occurring before commencement (“an existing death

investigation”), and

(c)
any other matter referred to the Commissioner by the Secretary of State

before commencement (“an existing referral investigation”),


unless the complaint, death or matter is treated by the Commissioner as one to be

dealt with under this Part by virtue of subsection (4).

(3)
The Ombudsman may re-open a completed investigation into any death or other

matter referred by the Secretary of State (unless it has previously been re-opened

under section (Northern Ireland Commissioner for Prison Complaints:

investigations of death) or (Northern Ireland Commissioner for Prison

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

Commissioner).

(4)
The Commissioner may treat—

(a)
an existing complaint (so far as relating to matters within the complaints

remit) as an eligible complaint (whether or not it relates to events which

occurred before or on or after 2 May 2005);

(b)
an existing death investigation (if it relates to a death that would fall

within the deaths remit if it occurred after the commencement of this

section) as an investigation under section (Northern Ireland

Commissioner for Prison Complaints: investigations of death);

(c)
an existing referral investigation (so far as relating to matters that could

be the subject of a request under section (Northern Ireland Commissioner

for Prison Complaints: investigtions requested by the Secretary of State))

as an investigation under section (Northern Ireland Commissioner for

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

(5)
For the purposes of any complaint, death or matter which is to any extent dealt

with under this Part by virtue of subsection (4), things done by or in relation to

the Ombudsman shall be treated as having been done by or in relation to the

Commissioner.

(6)
In this section “commencement’ means the commencement of this section.’.

Public Bill Committee Proceedings: 29th November 2007
118

Criminal Justice and Immigration Bill, continued

Northern Ireland Commissioner for Prison Complaints: interpretation

Mr David Hanson

Added  NC81

To move the following Clause:—

‘(1)
In this Part—

“applicable premises” means a prison, a young offenders centre or a remand

centre in Northern Ireland;

“the complaints remit” is to be construed in accordance with section

(Northern Ireland Commissioner for Prison Complaints: eligible

complaints: general)(2);

“controlling authority” means—

(a)
a person listed in Schedule (Northern Ireland Commissioner for

Prison Complaints: controlling authorities); or

(b)
any person of a description specified in an order made by the

Secretary of State;

“the deaths remit” is to be construed in accordance with section (Northern

Ireland Commissioner for Prison Complaints: investigations of

deaths)(2);

“document” includes information recorded in any form;

“eligible”, in relation to a complaint or part of a complaint, means eligible

for the purposes of this Part in accordance with section (Northern Ireland

Commissioner for Prison Complaints: eligible complaints: general)(1)

(and cognate expressions are to be construed accordingly);

“events” includes any conduct or omission;

“police force” means—

(c)
the Police Service of Northern Ireland;

(d)
a police force in England, Wales or Scotland;

(e)
the Ministry of Defence Police;

(f)
the British Transport Police Force;

and “police officer” shall be construed accordingly;

“prison officer” means an individual appointed to a post under section 2(2)

of the Prison Act (Northern Ireland) 1953 (N.I.18);

“prisoner custody officer” means a person who is a prison custody officer

within the meaning of Chapter 3 of Part 8 of the Criminal Justice and

Public Order Act 1994 (c. 33);

“the relevant person”, in relation to a complaint, has the meaning given by

section (Northern Ireland Commissioner for Prison Complaints: eligible

complaints: general)(10);

“subordinate legislation” has the same meaning as in the Interpretation Act

1978 (c. 30).

(2)
In this section, “prison” has the same meaning as in the Prison Act (Northern

Ireland) 1953 (N.I.18).

(3)
Any power under this Part to make an order modifying a provision of any

legislation includes power to amend, repeal or revoke that provision.’.

Northern Ireland Commissioner for Prison Complaints: power to modify certain

Public Bill Committee Proceedings: 29th November 2007
119

Criminal Justice and Immigration Bill, continued

provisions

Mr David Hanson

Added  NC82

To move the following Clause:—

‘(1)
The Secretary of State may by order modify Schedule (Northern Ireland

Commissioner for Prison Complaints: complaints remit) so as to—

(a)
add a description of matter to that Schedule; or

(b)
amend or repeal any description of matter for the time being specified

there.

(2)
The power in subsection (1) may not be exercised so as to exclude any matters

that fall within a description specified in Schedule (Northern Ireland

Commissioner for Prison Complaints: complaints remit) when this Act is passed.

(3)
The Secretary of State may by order modify Schedule (Northern Ireland

Commissioner for Prison Complaints: deaths remit) so as to—

(a)
add a description of death; or

(b)
amend or repeal any description of death for the time being specified

there.

(4)
The power in subsection (3) may not be exercised so as to exclude any deaths that

fall within a description specified in Schedule (Northern Ireland Commissioner

for Prison Complaints: deaths remit) when this Act is passed.

(5)
The Secretary of State may by order modify subsection (3) of section (Northern

Ireland Commissioner for Prison Complaints: investigations requested by the

Secretary of State) so as to—

(a)
add a description of events; or

(b)
amend or repeal any description of events for the time being specified in

that subsection.

(6)
The Secretary of State may by order modify section (Northern Ireland

Commissioner for Prison Complaints: disclosure of information etc.) so as to—

(a)
add an exception to subsection (3);

(b)
amend or repeal an exception for the time being specified in that

subsection; or

(c)
specify further circumstances in which subsection (8) does not apply.

(7)
The power in subsection (6) may not be exercised so as to have the effect of

removing or limiting an exception contained in section (Northern Ireland

Commissioner for Prison Complaints: disclosure of information etc.)(3)(a) or (b)

when this Act is passed.

(8)
The power under section 123(3)(c) to make consequential provision in an order

under this section includes power to modify this or any other Act or any

subordinate legislation, or any Northern Ireland legislation or instrument made

under Northern Ireland legislation, whenever passed or made.

(9)
Nothing in subsection (2), (4) or (7) prevents a power under this section being

used to remove any provision that is spent.’.

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

Northern Ireland Commissioner for Prison Complaints: power to confer new functions

Mr David Hanson

Added  NC83

To move the following Clause:—

‘(1)
The Secretary of State may by order make provision (whether by amending this

Part or otherwise) for or in connection with—

(a)
the conferring of additional functions on the Commissioner;

(b)
the conferring of functions on the Secretary of State in relation to any

additional function conferred on the Commissioner.

(2)
The power under section 123(3)(c) to make consequential provision in an order

under this section includes power to modify this or any other Act or any

subordinate legislation, or any Northern Ireland legislation or instrument made

under Northern Ireland legislation, whenever passed or made.’.

Further amendments relating to appeals in criminal cases

Mr David Hanson

Added  NC84

To move the following Clause:—

‘Schedule (Appeals in criminal cases) amends the Criminal Appeal Act 1968

(c. 19), the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) and other Acts

relating to appeals in criminal cases.’.

Amendments to armed forces legislation

Mr David Hanson

Added  NC85

To move the following Clause:—

‘Schedule (Amendments to armed forces legislation) contains—

(a)
amendments to armed forces legislation (which make provision for

service courts etc. corresponding to other provisions of this Act); and

(b)
transitional provision relating to certain of those amendments.’.

Unlicensed on-street racing

John Hemming

Not selected  NC1

To move the following Clause:—

Public Bill Committee Proceedings: 29th November 2007
121

Criminal Justice and Immigration Bill, continued

‘(1)
The Police Reform Act 2002 (c.30) is amended as follows.

(2)
After section 59(2) insert—

“(2A)
A constable in uniform shall also have the powers set out in subsection

(3) where he has reasonable grounds for believing that a motor vehicle—

(a)
is acting with others in a way which appears to have involved, or

is likely to involve, unlicensed on-street racing, and

(b)
is causing, or is likely to cause, alarm, distress or annoyance of

members of the public.”.’.

Amendment of the Criminal Law Act 1967

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Mr Philip Hollobone

Not called  NC2

To move the following Clause:—

‘(1)
The Criminal Law Act 1967 (c. 58) is amended as follows.

(2)
In section 3 (use of force in making arrest, etc.), after subsection (1), insert—

“(1A)
Where a person uses force in the prevention of crime or in the defence of

persons or property on another who is in any building or part of a building

having entered as a trespasser or is attempting so to enter, that person

shall not be guilty of any offence in respect of the use of that force

unless—

(a)
the degree of force used was grossly disproportionate, and

(b)
this was or ought to have been apparent to the person using such

force.

(1B)
No prosecution shall be brought against a person subject to subsection

(1A) without the leave of the Attorney General.

(1C)
In this section “building or part of a building” shall have the same

meaning as in section 9 of the Theft Act 1968 (c. 60) (burglary).”.’.

Amendment of the Criminal Law Act (Northern Ireland) 1967

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Mr Philip Hollobone

Not called  NC3

To move the following Clause:—

‘(1)
The Criminal Law Act (Northern Ireland) 1967 (c. 18 NI)) is amended as follows.

(2)
In section 3 (use of force in making arrest, etc.), after subsection (1), insert—