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| Tuesday 27th November 2007 |
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| Criminal Justice and Immigration Bill
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| [Thirteenth and Fourteenth sittings]
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| Clause 71, page 49, line 21, after ‘person’, insert ‘aged 18 or over’. |
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| Clause 73, page 51, line 42, leave out subsection (4). |
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| | Clause, as amended, Agreed to. |
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| Schedule 15, page 185, line 16, at end insert— |
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| | ‘(ba) | inciting the commission of a nuclear offence;’. |
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| Schedule 15, page 185, line 39, after ‘(2)(b)’ insert ‘, (2)(ba)’. |
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| Schedule 15, page 186, line 3, at end insert— |
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| | ‘(5) | In subsection (2)(ba) the reference to incitement is— |
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| | (a) | a reference to incitement under the law of Scotland, or |
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| | (b) | in relation to any time before the coming into force of Part 2 |
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| | of the Serious Crime Act 2007 (encouraging or assisting |
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| | crime) in relation to England and Wales or Northern Ireland, |
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| | a reference to incitement under the common law of England |
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| | and Wales or (as the case may be) of Northern Ireland.’. |
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| | Schedule, as amended, Agreed to. |
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| Clause 76, page 54, line 4, after ‘imposed’ insert ‘by a court in England and |
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| Clause 76, page 54, line 11, at end insert— |
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| | ‘( ) | any fine or other sum mentioned in section (Requests to other member |
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| | States: Northern Ireland)(4)(b)(i) to (iii), or any fine imposed by a court |
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| | in Scotland, which is enforceable in a local justice area in England and |
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| | Wales by virtue of section 91 of the Magistrates’ Courts Act 1980 |
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| | Clause, as amended, Agreed to. |
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| Clause 78, page 54, line 45, at end insert ‘, and |
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| | ( ) | the financial penalty is suitable for enforcement in England and Wales |
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| Clause 78, page 55, line 1, leave out from ‘certificate’ to third ‘the’ and insert |
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| Clause 78, page 55, line 6, leave out from beginning to third ‘the’ in line 7 and |
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| Clause 78, page 55, line 8, leave out ‘may’ and insert ‘must’. |
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| Clause 78, page 55, line 17, leave out paragraph (a). |
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| Clause 78, page 55, line 22, at end insert— |
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| | (a) | the competent authority or central authority of a member State other than |
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| | the United Kingdom gives the central authority for Scotland the |
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| | documents mentioned in subsection (1), and |
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| | (b) | without taking any action to enforce the financial penalty in Scotland, the |
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| | central authority for Scotland gives the documents to the Lord |
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| | | this section applies as if the competent authority or central authority gave the |
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| | documents to the Lord Chancellor.’. |
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| Clause 78, page 55, line 23, leave out subsection (6). |
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| | Clause, as amended, Agreed to. |
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| Clause 80, page 56, line 15, at end insert— |
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| | ‘(A1) | Schedule (Penalties suitable for enforcement in England and Wales or Northern |
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| | Irleand) specifies when a financial penalty is suitable for enforcement in England |
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| | and Wales for the purposes of section 78(1) and when a financial penalty is |
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| | suitable for enforcement in Northern Ireland for the purposes of section (Requests |
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| | from other member States: Northern Ireland)(1)’. |
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| Clause 80, page 56, line 17, leave out 'and 79(3) and (5)’ and insert ‘, 79(3) and (5), |
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| (Requests from other member States: Northern Ireland)(4)(a) and (Procedure on receipt |
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| of certificate by clerk of petty sessions)(3) and (5)’. |
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| Clause 80, page 56, line 22, at end insert— |
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| | ‘( ) | modify the enactments specified in section (Procedure on receipt of |
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| | certificate by clerk of petty sessions)(6) in their application to financial |
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| | penalties by virtue of that provision, and’. |
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| Clause 80, page 56, line 27, at end add— |
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| | ‘( ) | Northern Ireland legislation; |
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| | ( ) | any instrument made, before the passing of this Act, under |
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| | Northern Ireland legislation.’. |
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| | Clause, as amended, Agreed to. |
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| Schedule 16, page 188, line 27, leave out ‘England and Wales’ and insert ‘the |
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| relevant part of the United Kingdom’. |
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| Schedule 16, page 188, line 28, leave out ‘England and Wales’ and insert ‘that |
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| Schedule 16, page 188, line 28, at end insert— |
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| | ‘() | In sub-paragraph (1), “the relevant part of the United Kingdom” means— |
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| | (a) | in the application of this Schedule to England and Wales, England and |
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| | (b) | in the application of this Schedule to Northern Ireland, Northern |
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| Schedule 16, page 188, line 31, leave out ‘England and Wales’ and insert ‘the |
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| relevant part of the United Kingdom’. |
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| Schedule 16, page 188, line 32, leave out ‘England and Wales’ and insert ‘that |
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| Schedule 16, page 188, line 32, at end insert— |
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| | ‘() | In sub-paragraph (1), “the relevant part of the United Kingdom” has the same |
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| | meaning as in paragraph 3(1).’. |
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| Schedule 16, page 190, line 25, leave out sub-paragraph (1). |
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| | Schedule, as amended, Agreed to. |
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| Clause 81, page 56, line 29, at end insert ‘and Schedules (Penalties suitable for |
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| enforcement in England and Wales or Northern Ireland) and 16’. |
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| Clause 81, page 56, line 30, after ‘State’ insert ‘other than the United Kingdom’. |
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| Clause 81, page 56, line 32, at end insert— |
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| | ‘ “central authority for Scotland” means the person or body which, by virtue |
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| | of an order under section 56 of the Criminal Proceedings etc. (Reform) |
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| | (Scotland) Act 2007 (asp 6) (recognition of EU financial penalties), acts |
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| | as the central authority in relation to Scotland for the purposes of the |
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| Clause 81, page 56, line 39, at end insert— |
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| | ‘( ) | In sections 78, 79, (Requests from other member States: Northern Ireland), |
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| | (Procedure on receipt of certificate by clerk of petty sessions), (Modification of |
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| | Magistrates’ Courts (Northern Ireland) Order 1981), (Transfer of certificates to |
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| | central authority for Scotland) and 80 and Schedules (Penalties suitable for |
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| | enforcement in England and Wales or Northern Ireland) and 16— |
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| | “decision” has the meaning given by Article 1 of the Framework Decision |
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| | on financial penalties (except in sections 79(4) and (Procedure on receipt |
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| | of certificate by clerk of petty sessions)(4)); |
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| | “financial penalty’’ has the meaning given by that Article.’. |
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| Clause 81, page 56, line 40, leave out ‘those sections’ and insert ‘sections 76 to |
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| | Clause, as amended, Agreed to. |
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| Clause 83, page 57, line 20, leave out ‘the public’ and insert ‘a person or specified |
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| Clause 83, page 57, leave out lines 26 and 27 and insert ‘any specified members of the |
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| public in the United Kingdom’. |
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| Page 57, line 16, leave out Clauses 83 to 102. |
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| | Clause Agreed to on division. |
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| Clause 84, page 57, line 39, after ‘person’, insert ‘aged 18 years or above’. |
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| Clause 85, page 59, line 13, at end insert— |
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| | ‘(3A) | Before making an application under this section in respect of a person who will |
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| | be under 18 at the time of the application, the applicant must consult any member |
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| | of a team established under section 39 of the Crime and Disorder Act 1998 (c. 37) |
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| | (youth offending teams).’. |
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| | Clause, as amended, Agreed to. |
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| | Negatived on division 364 |
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| Clause 86, page 59, line 29, after ‘satisfied’, insert ‘beyond reasonable doubt’. |
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| Clause 86, page 59, line 35, leave out ‘the public’ and insert ‘a person or specified |
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| Clause 88, page 61, line 8, after ‘satisfied’, insert ‘beyond reasonable doubt’. |
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| | Clauses 89 and 90 Agreed to. |
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| Clause 91, page 62, line 34, at end insert— |
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| | ‘(h) | any prescribed information. |
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| | (2A) | In subsection (2)(h) “prescribed” means prescribed by regulations made by the |
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| | Clause, as amended, Agreed to. |
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| Clause 92, page 63, line 18, leave out ‘or’ and insert— |
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| | ‘(ca) | any prescribed change of circumstances, or’. |
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| Clause 92, page 63, line 24, leave out ‘or’ and insert— |
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| | ‘(ca) | the prescribed details, or’. |
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| Clause 92, page 63, line 45, at end insert— |
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| | (a) | “prescribed change of circumstances” means any change— |
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| | (i) | occurring in relation to any matter in respect of which |
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| | information is required to be notified by virtue of section |
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| | (ii) | of a description prescribed by regulations made by the Secretary |
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