Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 12 — Special immigration status
106

Inspection
156
Inspection of police authorities
In section 54 of the Police Act 1996 (c. 16) (appointment and functions of
inspectors of constabulary) for subsection (2A) substitute—
“(2A)
The inspectors of constabulary may carry out an inspection of, and
5
report to the Secretary of State on, a police authority’s performance of
its functions or of any particular function or functions (including in
particular its compliance with the requirements of Part 1 of the Local
Government Act 1999 (best value)).”
Part 12
10
Special immigration status
157
Designation
(1)
The Secretary of State may designate a person who satisfies Condition 1 or 2
(subject to subsections (4) and (5)).
(2)
Condition 1 is that the person—
15
(a)
is a foreign criminal within the meaning of section 158, and
(b)
is liable to deportation, but cannot be removed from the United
Kingdom because of section 6 of the Human Rights Act 1998 (c. 42)
(public authority not to act contrary to Convention).
(3)
Condition 2 is that the person is a member of the family of a person who
20
satisfies Condition 1.
(4)
A person who has the right of abode in the United Kingdom may not be
designated.
(5)
The Secretary of State may not designate a person if the Secretary of State
thinks that an effect of designation would breach—
25
(a)
the United Kingdom’s obligations under the Refugee Convention, or
(b)
the person’s rights under the Community treaties.
158
“Foreign criminal”
(1)
For the purposes of section 157 “foreign criminal” means a person who—
(a)
is not a British citizen, and
30
(b)
satisfies any of the following Conditions.
(2)
Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality,
Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of
the Refugee Convention: imprisonment for at least two years).
(3)
Condition 2 is that—
35
(a)
section 72(4)(a) or (b) of that Act applies to the person (person convicted
of specified offence), and
(b)
the person has been sentenced to a period of imprisonment.
(4)
Condition 3 is that Article 1F of the Refugee Convention applies to the person
(exclusions for criminals etc.).
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Criminal Justice and Immigration Bill
Part 12 — Special immigration status
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(5)
Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has
no effect in relation to Condition 1 or 2.
(6)
Section 72(7) of that Act (non-application pending appeal) has no effect in
relation to Condition 1 or 2.
159
Effect of designation
5
(1)
A designated person does not have leave to enter or remain in the United
Kingdom.
(2)
For the purposes of a provision of the Immigration Acts and any other
enactment which concerns or refers to immigration or nationality (including
any provision which applies or refers to a provision of the Immigration Acts or
10
any other enactment about immigration or nationality) a designated person—
(a)
is a person subject to immigration control,
(b)
is not to be treated as an asylum-seeker or a former asylum-seeker, and
(c)
is not in the United Kingdom in breach of the immigration laws.
(3)
Despite subsection (2)(c), time spent in the United Kingdom as a designated
15
person may not be relied on by a person for the purpose of an enactment about
nationality.
(4)
A designated person—
(a)
shall not be deemed to have been given leave in accordance with
paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of
20
leave or refusal), and
(b)
may not be granted temporary admission to the United Kingdom
under paragraph 21 of that Schedule.
(5)
Sections 161 and 162 make provision about support for designated persons and
their dependants.
25
160
Conditions
(1)
The Secretary of State or an immigration officer may by notice in writing
impose a condition on a designated person.
(2)
A condition may relate to—
(a)
residence,
30
(b)
employment or occupation, or
(c)
reporting to the police, the Secretary of State or an immigration officer.
(3)
Section 36 of the Asylum and Immigration (Treatment of Claimants, etc.) Act
2004 (c. 19) (electronic monitoring) shall apply in relation to conditions
imposed under this section as it applies to restrictions imposed under
35
paragraph 21 of Schedule 2 to the Immigration Act 1971 (with a reference to the
Immigration Acts being treated as including a reference to this section).
(4)
Section 69 of the Nationality, Immigration and Asylum Act 2002 (c. 41)
(reporting restrictions: travel expenses) shall apply in relation to conditions
imposed under subsection (2)(c) above as it applies to restrictions imposed
40
under paragraph 21 of Schedule 2 to the Immigration Act 1971.
(5)
A person who without reasonable excuse fails to comply with a condition
imposed under this section commits an offence.

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(6)
A person who is guilty of an offence under subsection (5) shall be liable on
summary conviction to—
(a)
a fine not exceeding level 5 on the standard scale,
(b)
imprisonment for a period not exceeding 51 weeks, or
(c)
both.
5
(7)
A provision of the Immigration Act 1971 (c. 77) which applies in relation to an
offence under any provision of section 24(1) of that Act (illegal entry etc.) shall
also apply in relation to the offence under subsection (5) above.
(8)
In the application of this section to Scotland or Northern Ireland the reference
in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.
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161
Support
(1)
Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-
seekers) shall apply in relation to designated persons and their dependants as
it applies in relation to asylum-seekers and their dependants.
(2)
But the following provisions of that Part shall not apply—
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(a)
section 96 (kinds of support),
(b)
section 97(1)(b) (desirability of providing accommodation in well-
supplied area),
(c)
section 100 (duty to co-operate in providing accommodation),
(d)
section 101 (reception zones),
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(e)
section 108 (failure of sponsor to maintain),
(f)
section 111 (grants to voluntary organisations), and
(g)
section 113 (recovery of expenditure from sponsor).
(3)
Support may be provided under section 95 of the 1999 Act as applied by this
section—
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(a)
by providing accommodation appearing to the Secretary of State to be
adequate for a person’s needs;
(b)
by providing what appear to the Secretary of State to be essential living
needs;
(c)
in other ways which the Secretary of State thinks necessary to reflect
30
exceptional circumstances of a particular case.
(4)
Support by virtue of subsection (3) may not be provided wholly or mainly by
way of cash unless the Secretary of State thinks it appropriate because of
exceptional circumstances.
(5)
Section 4 of the 1999 Act (accommodation) shall not apply in relation to
35
designated persons.
(6)
A designated person shall not be treated—
(a)
as a person subject to immigration control, for the purposes of section
119(1)(b) of the 1999 Act (homelessness: Scotland and Northern
Ireland), or
40
(b)
as a person from abroad who is not eligible for housing assistance, for
the purposes of section 185(4) of the Housing Act 1996 (c. 52) (housing
assistance).

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162
Support: supplemental
(1)
A reference in an enactment to Part VI of the 1999 Act or to a provision of that
Part includes a reference to that Part or provision as applied by section 161
above; and for that purpose—
(a)
a reference to section 96 shall be treated as including a reference to
5
section 161(3) above,
(b)
a reference to a provision of section 96 shall be treated as including a
reference to the corresponding provision of section 161(3), and
(c)
a reference to asylum-seekers shall be treated as including a reference
to designated persons.
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(2)
A provision of Part VI of the 1999 Act which requires or permits the Secretary
of State to have regard to the temporary nature of support shall be treated, in
the application of Part VI by virtue of section 161 above, as requiring the
Secretary of State to have regard to the nature and circumstances of support by
virtue of that section.
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(3)
Rules under section 104 of the 1999 Act (appeals) shall have effect for the
purposes of Part VI of that Act as it applies by virtue of section 161 above.
(4)
Any other instrument under Part VI of the 1999 Act—
(a)
may make provision in respect of that Part as it applies by virtue of
section 161 above, as it applies otherwise than by virtue of that section,
20
or both, and
(b)
may make different provision for that Part as it applies by virtue of
section 161 above and as it applies otherwise than by virtue of that
section.
(5)
In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations:
25
notice to quit accommodation) the reference in paragraph (2)(b) to the
determination of a claim for asylum shall be treated as a reference to ceasing to
be a designated person.
(6)
The Secretary of State may by order repeal, modify or disapply (to any extent)
section 161(4).
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(7)
An order under section 10 of the Human Rights Act 1998 (c. 42) (power to
remedy incompatibility) which amends a provision mentioned in subsection
(6) of section 161 above may amend or repeal that subsection.
163
End of designation
(1)
Designation lapses if the designated person—
35
(a)
is granted leave to enter or remain in the United Kingdom,
(b)
is notified by the Secretary of State or an immigration officer of a right
of residence in the United Kingdom by virtue of the Community
treaties,
(c)
leaves the United Kingdom, or
40
(d)
is made the subject of a deportation order under section 5 of the
Immigration Act 1971 (c. 77).
(2)
After designation lapses support may not be provided by virtue of section 161,
subject to the following exceptions.

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(3)
Exception 1 is that, if designation lapses under subsection (1)(a) or (b), support
may be provided in respect of a period which—
(a)
begins when the designation lapses, and
(b)
ends on a date determined in accordance with an order of the Secretary
of State.
5
(4)
Exception 2 is that, if designation lapses under subsection (1)(d), support may
be provided in respect of—
(a)
any period during which an appeal against the deportation order may
be brought (ignoring any possibility of an appeal out of time with
permission),
10
(b)
any period during which an appeal against the deportation order is
pending, and
(c)
after an appeal ceases to be pending, such period as the Secretary of
State may specify by order.
164
Interpretation: general
15
(1)
This section applies to sections 157 to 163.
(2)
A reference to a designated person is a reference to a person designated under
section 157.
(3)
“Family” shall be construed in accordance with section 5(4) of the Immigration
Act 1971 (c. 77) (deportation: definition of “family”).
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(4)
“Right of abode in the United Kingdom” has the meaning given by section 2 of
that Act.
(5)
“The Refugee Convention” means the Convention relating to the Status of
Refugees done at Geneva on 28th July 1951 and its Protocol.
(6)
“Period of imprisonment” shall be construed in accordance with section
25
72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002
(c. 41).
(7)
A voucher is not cash.
(8)
A reference to a pending appeal has the meaning given by section 104(1) of that
Act.
30
(9)
A reference in an enactment to the Immigration Acts includes a reference to
sections 157 to 163.

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Part 13 — Miscellaneous
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Part 13
Miscellaneous
Sex offenders
165
Disclosure of information about convictions etc of child sex offenders to
members of the public
5
(1)
After section 327 of the Criminal Justice Act 2003 (c. 44) insert—
“327A
  Disclosure of information about convictions etc of child sex
offenders to members of the public
(1)
The responsible authority for each area must, in the course of
discharging its functions under arrangements established by it under
10
section 325, consider whether to disclose information in its possession
about the relevant previous convictions of any child sex offender
managed by it to any particular member of the public.
(2)
In the case mentioned in subsection (3) there is a presumption that the
responsible authority should disclose information in its possession
15
about the relevant previous convictions of the offender to the particular
member of the public.
(3)
The case is where the responsible authority for the area has reasonable
cause to believe that—
(a)
a child sex offender managed by it poses a risk in that or any
20
other area of causing harm to children generally or any child,
and
(b)
the disclosure of information about the relevant previous
convictions of the offender to the particular member of the
public is necessary for the purpose of protecting children
25
generally or any child from harm caused by the offender.
(4)
The presumption under subsection (2) arises—
(a)
whether or not the person to whom the information is disclosed
requests the disclosure, and
(b)
whether or not the responsible authority making the disclosure
30
has reasonable cause to believe that the risk is posed in relation
to a member of that person’s family.
(5)
Where the responsible authority makes a disclosure under this
section—
(a)
it may disclose such information about the relevant previous
35
convictions of the offender as it considers appropriate to
disclose to the member of the public concerned, and
(b)
it may impose conditions for preventing the member of the
public concerned from disclosing the information to any other
person.
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(6)
Any disclosure under this section must be made as soon as is
reasonably practicable having regard to all the circumstances.

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(7)
The responsible authority for each area must compile and maintain a
record about the decisions it makes in relation to the discharge of its
functions under this section.
(8)
The record must include the following information—
(a)
the reasons for making a decision to disclose information under
5
this section,
(b)
the reasons for making a decision not to disclose information
under this section, and
(c)
the information which is disclosed under this section, any
conditions imposed in relation to its further disclosure and the
10
name and address of the person to whom it is disclosed.
(9)
Nothing in this section requires or authorises the making of a
disclosure which contravenes the Data Protection Act 1998.
(10)
This section is not to be taken as affecting any power of any person to
disclose any information about a child sex offender.
15
327B
Section 327A: interpretation
(1)
This section applies for the purposes of section 327A.
(2)
“Child” means a person under 18.
(3)
“Child sex offence” means an offence listed in Schedule 34A, whenever
committed.
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(4)
“Child sex offender” means any person who—
(a)
has been convicted of such an offence,
(b)
has been found not guilty of such an offence by reason of
insanity,
(c)
has been found to be under a disability and to have done the act
25
charged against the person in respect of such an offence, or
(d)
has been cautioned in respect of such an offence.
(5)
In relation to a responsible authority, references to information about
the relevant previous convictions of a child sex offender are references
to information about—
30
(a)
convictions, findings and cautions mentioned in subsection
(4)(a) to (d) which relate to the offender, and
(b)
anything under the law of any country or territory outside
England and Wales which in the opinion of the responsible
authority corresponds to any conviction, finding or caution
35
within paragraph (a) (however described).
(6)
References to harm caused by a child sex offender are references to
physical or psychological harm caused by the offender committing any
offence listed in any paragraph of Schedule 34A other than paragraphs
1 to 6 (offences under provisions repealed by Sexual Offences Act 2003).
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(7)
A responsible authority for any area manages a child sex offender if the
offender is a person who poses risks in that area which fall to be
managed by the authority under the arrangements established by it
under section 325.