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
95

Criminal Justice and Immigration Bill, continued

(5)
After subsection (5) insert—

“(5A)
In this section—

(a)
“prescribed change of circumstances” means any change—

(i)
occurring in relation to any matter in respect of which

information is required to be notified by virtue of section

83(5)(h), and

(ii)
of a description prescribed by regulations made by the

Secretary of State;

(b)
“the prescribed details”, in relation to a prescribed change of

circumstances, means such details of the change as may be so

prescribed.”

(6)
This section extends to England and Wales and Northern Ireland only.’.

Persistent sales of tobacco to persons under 18

Mr David Hanson

Added  NC41

To move the following Clause:—

‘(1)
The Children and Young Persons Act 1933 (c. 12) is amended as follows.

(2)
After section 12 insert—

“Persistent sales of tobacco to persons under 18

12A
Restricted premises orders
5
(1)
This section applies where a person (“the offender”) is convicted of a

tobacco offence (“the relevant offence”).

(2)
The person who brought the proceedings for the relevant offence may by

complaint to a magistrates’ court apply for a restricted premises order to

be made in respect of the premises in relation to which that offence was
10
committed (“the relevant premises”).

(3)
A restricted premises order is an order prohibiting the sale on the

premises to which it relates of any tobacco or cigarette papers to any

person.

(4)
The prohibition applies to sales whether made—
15
(a)
by the offender or any other person, or

(b)
by means of any machine kept on the premises or any other

means.

(5)
The order has effect for the period specified in the order, but that period

may not exceed one year.
20
(6)
The applicant must, after making reasonable enquiries, give notice of the

application to every person appearing to the applicant to be a person

affected by it.

(7)
The court may make the order if (and only if) it is satisfied that—

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

(a)
on at least 2 occasions within the period of 2 years ending with
25
the date on which the relevant offence was committed the

offender has committed other tobacco offences in relation to the

relevant premises, and

(b)
the applicant has complied with subsection (6).

(8)
Persons affected by the application may make representations to the court
30
as to why the order should not be made.

(9)
If—

(a)
a person affected by an application for a restricted premises order

was not given notice under subsection (6), and

(b)
consequently the person had no opportunity to make
35
representations to the court as to why the order should not be

made,


the person may by complaint apply to the court for an order varying or

discharging it.

(10)
On an application under subsection (9) the court may, after hearing—
40
(a)
that person, and

(b)
the applicant for the restricted premises order,


make such order varying or discharging the restricted premises order as

it considers appropriate.

(11)
For the purposes of this section the persons affected by an application for
45
a restricted premises order in respect of any premises are—

(a)
the occupier of the premises, and

(b)
any other person who has an interest in the premises.

12B
Restricted sale orders

(1)
This section applies where a person (“the offender”) is convicted of a
50
tobacco offence (“the relevant offence”).

(2)
The person who brought the proceedings for the relevant offence may by

complaint to a magistrates’ court apply for a restricted sale order to be

made in respect of the offender.

(3)
A restricted sale order is an order prohibiting the person to whom it
55
relates—

(a)
from selling any tobacco or cigarette papers to any person,

(b)
from having any management functions in respect of any

premises in so far as those functions relate to the sale on the

premises of tobacco or cigarette papers to any person,
60
(c)
from keeping any cigarette machine on any premises for the

purpose of selling tobacco or permitting any cigarette machine to

be kept on any premises by any other person for that purpose, and

(d)
from having any management functions in respect of any

premises in so far as those functions relate to any cigarette
65
machine kept on the premises for the purpose of selling tobacco.

(4)
The order has effect for the period specified in the order, but that period

may not exceed one year.

(5)
The court may make the order if (and only if) it is satisfied that on at least

2 occasions within the period of 2 years ending with the date on which

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

70
the relevant offence was committed the offender has committed other

tobacco offences.

(6)
In this section any reference to a cigarette machine is a reference to an

automatic machine for the sale of tobacco.

12C
Enforcement
75
(1)
If—

(a)
a person sells on any premises any tobacco or cigarette papers in

contravention of a restricted premises order, and

(b)
the person knew, or ought reasonably to have known, that the

sale was in contravention of the order,
80

the person commits an offence.

(2)
If a person fails to comply with a restricted sale order, the person

commits an offence.

(3)
It is a defence for a person charged with an offence under subsection (2)

to prove that the person took all reasonable precautions and exercised all
85
due diligence to avoid the commission of the offence.

(4)
A person guilty of an offence under this section is liable, on summary

conviction, to a fine not exceeding £20,000.

(5)
A restricted premises order is a local land charge and in respect of that

charge the applicant for the order is the originating authority for the
90
purposes of the Local Land Charges Act 1975.

12D
Interpretation

(1)
In sections 12A and 12B a “tobacco offence” means—

(a)
an offence committed under section 7(1) on any premises (which

are accordingly “the premises in relation to which the offence is
95
committed”), or

(b)
an offence committed under section 7(2) in respect of an order

relating to any machine kept on any premises (which are

accordingly “the premises in relation to which the offence is

committed”).
100
(2)
In sections 12A to 12C the expressions “tobacco” and “cigarette” have

the same meaning as in section 7.

(3)
In sections 12A and 12B “notice” means notice in writing.”

(3)
In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—

“(f)
in the case of a restricted premises order under section 12A or a
105
restricted sale order under section 12B, by any person

aggrieved.”’.

As Amendments to Mr David Hanson’s proposed New Clause (Persistent sales of

tobacco to persons under 18) (NC41):—

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  (a)

Line  19,  leave out ‘one year’ and insert ‘3 months’.

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

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  (b)

Line  24,  leave out ‘2 years’ and insert ‘3 months’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  (c)

Line  67,  leave out ‘one year’ and insert ‘3 months’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  (d)

Line  69,  leave out ‘2 years’ and insert ‘3 months’.

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  (e)

Line  80,  at end insert—

‘(1A)
If an offence under subsection (1) has been committed, the person having

management functions in respect of the premises on which the offence was

committed must be notified within 14 days.’.

Requests to other member States: Northern Ireland

Mr David Hanson

Added  NC42

To move the following Clause:—

‘(1)
A designated officer of the Northern Ireland Court Service may issue a certificate

requesting enforcement under the Framework Decision on financial penalties

where—

(a)
a person is required to pay a financial penalty,

(b)
the penalty is not paid in full within the time allowed for payment,

(c)
there is no appeal outstanding in relation to the penalty, and

(d)
it appears to the designated officer that the person is normally resident in,

or has property or income in, a member State other than the United

Kingdom.

(2)
For the purposes of subsection (1)(c), there is no appeal outstanding in relation to

a financial penalty if—

(a)
no appeal has been brought in relation to the imposition of the financial

penalty within the time allowed for making such an appeal, or

(b)
such an appeal has been brought but the proceedings on appeal have been

concluded.

(3)
Where the person required to pay the financial penalty is a body corporate,

subsection (1)(d) applies as if the reference to the person being normally resident

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

in a member State other than the United Kingdom were a reference to the person

having its registered office in a member State other than the United Kingdom.

(4)
In this section—

(a)
“designated officer of the Northern Ireland Court Service” means a

member of the staff of the Northern Ireland Court Service designated by

the Lord Chancellor for the purposes of this section;

(b)
“financial penalty” means—

(i)
a fine imposed by a court in Northern Ireland on the person’s

conviction of an offence;

(ii)
any sum payable under a compensation order (within the

meaning of article 14 of the Criminal Justice (Northern Ireland)

Order 1994 (S.I.1994/2795 (N.I.15));

(iii)
any sum payable under an order made under section 2(1), 4(1) or

5(1) of the Costs in Criminal Cases Act (Northern Ireland) 1968

(N.I. 10) or section 41(1) of the Criminal Appeal (Northern

Ireland) Act 1980 (c. 47);

(iv)
any fine or other sum mentioned in section 76(5)(a) to (d), or any

fine imposed by a court in Scotland, which is enforceable in a

petty sessions district in Northern Ireland by virtue of Article 96

of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/1675 (N.I.26));

(v)
any other financial penalty, within the meaning of the

Framework Decision on financial penalties, specified in an order

made by the Lord Chancellor.’.

Procedure on receipt of certificate by Lord Chancellor: Northern Ireland

Mr David Hanson

Added  NC43

To move the following Clause:—

‘(1)
This section applies where a designated officer has issued a certificate under

section (Requests to other member States: Northern Ireland)(1).

(2)
The designated officer must give the Lord Chancellor the certificate, together

with a certified copy of the decision requiring payment of the financial penalty.

(3)
On receipt of the documents mentioned in subsection (2), the Lord Chancellor

must give those documents to the central authority or competent authority of the

member State in which the person required to pay the penalty appears to be

normally resident or (as the case may be) to have property or income.

(4)
Where a certified copy of the decision is given to the central authority or

competent authority of a member State in accordance with subsection (3), no

further steps to enforce the decision may be taken in Northern Ireland except in

accordance with provision made by order by the Lord Chancellor.

(5)
Where the person required to pay the financial penalty is a body corporate,

subsection (3) applies as if the reference to the member State in which the person

appears to be normally resident were a reference to the member State in which the

person appears to have its registered office.’.

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

Modification of Magistrates’ Courts Act 1980

Mr David Hanson

Added  NC44

To move the following Clause:—

‘(1)
Section 90 of the Magistrates’ Courts Act 1980 (c. 43) is modified as follows in

its application to financial penalties by virtue of section 79(7) above.

(2)
Subsection (1) applies as if for the words from “he is residing” to the end of that

subsection there were substituted “he is residing, or has property or a source of

income, in any petty sessions district in Northern Ireland—

(a)
the court or the fines officer (as the case may be) may order that

payment of the sum shall be enforceable in that petty sessions

district, and

(b)
if such an order is made, the court or the fines officer must notify

the Lord Chancellor.” ’.

Requests from other member States: Northern Ireland

Mr David Hanson

Added  NC45

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,

and

(b)
the financial penalty is suitable for enforcement in Northern Ireland (see

section 80(A1)).

(2)
If the certificate states that the person required to pay the financial penalty is

normally resident in Northern Ireland, the Lord Chancellor must give the

documents mentioned in subsection (1)(a) to the clerk of petty sessions for the

petty sessions district in which it appears that the person is normally resident.

(3)
Otherwise, the Lord Chancellor must give the documents mentioned in

subsection (1)(a) to the clerk of petty sessions for such petty sessions district as

appears appropriate.

(4)
Where the Lord Chancellor acts under subsection (2) or (3), the Lord Chancellor

must also give the clerk of petty sessions a notice—

(a)
stating whether the Lord Chancellor thinks that any of the grounds for

refusal apply (see section 80(1)), and

(b)
giving reasons for that opinion.

(5)
Where the person required to pay the financial penalty is a body corporate,

subsection (2) applies as if the reference to the petty sessions district in which it

appears that the person is normally resident were a reference to the petty sessions

district in which it appears that the person has its registered office.

(6)
Where—

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Criminal Justice and Immigration Bill, continued

(a)
the competent authority or central authority of a member State other than

the United Kingdom gives the central authority for Scotland the

documents mentioned in subsection (1), and

(b)
without taking any action to enforce the financial penalty in Scotland, the

central authority for Scotland gives the documents to the Lord

Chancellor,


this section applies as if the competent authority or central authority gave the

documents to the Lord Chancellor.’.

Procedure on receipt of certificate by clerk of petty sessions

Mr David Hanson

Added  NC46

To move the following Clause:—

‘(1)
This section applies where the Lord Chancellor gives the clerk of petty sessions

for a petty sessions district—

(a)
a certificate requesting enforcement under the Framework Decision on

financial penalties,

(b)
the decision, or a certified copy of the decision, requiring payment of the

financial penalty to which the certificate relates, and

(c)
a notice under section (Requests from other member States: Northern

Ireland)(4).

(2)
The clerk must refer the matter to a magistrates’ court acting for the petty sessions

district.

(3)
The magistrates’ court must decide whether it is satisfied that any of the grounds

for refusal apply (see section 80(1)).

(4)
The clerk must inform the Lord Chancellor of the decision of the magistrates’

court.

(5)
Subsection (6) applies unless the magistrates’ court is satisfied that one or more

of the grounds for refusal apply.

(6)
Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675

(N.I.26)), and any instrument made under that Part, apply in relation to the

financial penalty as if it were a sum adjudged to be paid by a conviction of the

magistrates’ court on the date when the court made the decision mentioned in

subsection (4).

(7)
If the certificate requesting enforcement under the Framework Decision on

financial penalties states that part of the financial penalty has been paid, the

reference in subsection (6) to the financial penalty is to be read as a reference to

such part of the penalty as remains unpaid.’.

Modification of Magistrates’ Courts (Northern Ireland) Order 1981

Mr David Hanson

Added  NC47

To move the following Clause:—