House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 29th November 2007
129

Criminal Justice and Immigration Bill, continued

(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

Withdrawn  NC18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

Not selected  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

(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

Not selected  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.’.

Public Bill Committee Proceedings: 29th November 2007
130

Criminal Justice and Immigration Bill, continued

Restraint of child offenders: report to Parliament

Mr Harry Cohen

Not selected  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

Not called  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.

(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

Not called  nc23

To move the following Clause:—

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

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

(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

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

consideration.”’.

Provision of attendance centres

Mr David Heath

David Howarth

Withdrawn  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”.

Public Bill Committee Proceedings: 29th November 2007
132

Criminal Justice and Immigration Bill, continued

(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

Withdrawn  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

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

Not called  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.”;

Public Bill Committee Proceedings: 29th November 2007
133

Criminal Justice and Immigration Bill, continued

(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—

(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 and 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.”’.

Qualification for jury service

Mr Charles Walker

Not selected  nc27

To move the following Clause:—

Public Bill Committee Proceedings: 29th November 2007
134

Criminal Justice and Immigration Bill, continued

‘(1)
The Juries Act 1974 (c. 23) is amended as follows.

(2)
For section 1 (qualification for jury service) substitute—

“1
Qualification for jury service

(1)
Subject to the provisions of this Act, every person shall be qualified to

serve as a juror in the Crown Court, the High Court and county courts and

be liable accordingly to attend for jury service when summoned under

this Act if—

(a)
he is for the time being registered as a parliamentary or local

government elector and is not less than eighteen nor more than

seventy years of age;

(b)
he has been ordinarily resident in the United Kingdom, the

Channel Islands or the Isle of Man for any period of at least five

years since attaining the age of thirteen;

(c)
he has capacity in relation to jury service; and

(d)
he is not disqualified for jury service.

(2)
In this section “capacity” has the same meaning as in section 2 of the

Mental Capacity Act 2005 (c. ).

(3)
The persons who are disqualified for jury service are those listed in

Schedule 1 to this Act.”.

(3)
For Schedule 1 (mentally disordered persons and persons disqualified for jury

service) substitute—

“Schedule 1

persons disqualified for jury service

1
A person who is on bail in criminal proceedings (within the meaning

of the Bail Act 1976).

2
A person who has at any time been sentenced in the United Kingdom,

the Channel Islands or the Isle of Man—

(a)
to imprisonment for life, detention for life or custody for life,

(b)
to detention during her Majesty’s pleasure or during the

pleasure of the Secretary of State,

(c)
to imprisonment for public protection or detention for public

protection,

(d)
to an extended sentence under section 227 or 228 of the

Criminal Justice Act 2003 or section 210A of the Criminal

Procedure (Scotland) Act 1995, or

(e)
to a term of imprisonment of five years or more or a term of

detention of five years or more.

3
A person who at any time in the last 10 years has—

(a)
in the United Kingdom, the Channel Islands or the Isle of

Man—

(i)
served any part of a sentence of imprisonment or a

sentence of detention, or

(ii)
had passed on him a suspended sentence of

imprisonment or had made in respect of him a

suspended order for detention,

(b)
in England and Wales, had made in respect of him a

community order under section 177 of the Criminal Justice

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

Act 2003, a community rehabilitation order, a community

punishment order, a community punishment and

rehabilitation order, a drug treatment and testing order or a

drug abstinence order, or

(c)
had made in respect of him any corresponding order under the

law of Scotland, Northern Ireland, the Isle of Man or any of

the Channel Islands.

4
For the purposes of this Schedule—

(a)
a sentence passed by a court-martial is to be treated as having

been passed in the United Kingdom, and

(b)
a person is sentenced to a term of detention if, but only if—

(i)
a court passes on him, or makes in respect of him on

conviction, any sentence or order which requires him

to be detained in custody for any period, and

(ii)
the sentence or order is available only in respect of

offenders below a certain age,


and any reference to serving a sentence of detention is to be

construed accordingly.”’.

Hatred on grounds of sexual orientation

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  NC49

To move the following Clause:—

‘(1)
Save where expressly limited by subsection (2) below, nothing in this section

affects any person’s right—

(a)
to respect for private and family life, his home and his correspondence;

(b)
to freedom of thought, conscience and religion, including the right to

change his religion or belief and freedom, either alone or in community

with others and in public or private, to manifest his religion or belief, in

worship, teaching, practice and observance;

(c)
to freedom of expression, including the freedom to hold opinions and to

receive and impart information and ideas without interference by any

person or public authority;

(d)
to freedom of peaceful assembly and to freedom of association with

others.

(2)
It is an offence whether by words or acts for any person to do, or to incite any

other person to do, any act with the intention of causing physical or mental harm

to any person or group of persons on the basis of hatred of their sexual orientation

or presumed sexual orientation.

(3)
In this section “words” and “acts” include the making known to any third party

of oral, written or printed words by any method of publication including

electronic, wireless or internet media, and an offence under this section may be

committed in a public or a private place.

(4)
Where a body corporate is guilty of an offence under this section and it is shown

that the offence was committed with the consent or connivance of a director,