Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 13 — Miscellaneous
113

(8)
For the purposes of this section the provisions of section 4 of, and
paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974
(protection for spent convictions and cautions) are to be disregarded.
(9)
In this section “cautioned”, in relation to any person and any offence,
means—
5
(a)
cautioned after the person has admitted the offence, or
(b)
reprimanded or warned within the meaning given by section 65
of the Crime and Disorder Act 1998.
(10)
Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003
(mentally disordered offenders) apply for the purposes of this section
10
as they apply for the purposes of Part 2 of that Act.”
(2)
After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 30 to
this Act.
166
Sexual offences prevention orders: relevant sexual offences
(1)
In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions
15
about sexual offences prevention orders), at the end insert—
“(13)
Subsection (14) applies for the purposes of section 104 and this section
in their application in relation to England and Wales or Northern
Ireland.
(14)
In construing any reference to an offence listed in Schedule 3, any
20
condition subject to which an offence is so listed that relates—
(a)
to the way in which the defendant is dealt with in respect of an
offence so listed or a relevant finding (as defined by section
132(9)), or
(b)
to the age of any person,
25

is to be disregarded.”
(2)
This section extends to England and Wales and Northern Ireland only.
167
Notification requirements: prescribed information
(1)
In section 83 of the Sexual Offences Act 2003 (notification requirements: initial
notification)—
30
(a)
at the end of subsection (5) insert—
“(h)
any prescribed information.”; and
(b)
after that subsection insert—
“(5A)
In subsection (5)(h) “prescribed” means prescribed by
regulations made by the Secretary of State.”
35
(2)
Section 84 of that Act (notification requirements: changes) is amended as
follows.
(3)
In subsection (1)—
(a)
after “1997,” in paragraph (c) insert—
“(ca)
any prescribed change of circumstances,”; and
40
(b)
after “the address of those premises” insert “, the prescribed details”.

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Part 13 — Miscellaneous
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(4)
In subsection (2) after “home address” insert “or the prescribed change of
circumstances”.
(5)
After subsection (5) insert—
“(5A)
In this section—
(a)
“prescribed change of circumstances” means any change—
5
(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;
10
(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
15
168
Persistent sales of tobacco to persons under 18
(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
20
(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
25
offence was 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—
30
(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.
35
(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—
(a)
on at least 2 occasions within the period of 2 years ending with
40
the date on which the relevant offence was committed the

Criminal Justice and Immigration Bill
Part 13 — Miscellaneous
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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 as to why the order should not be made.
5
(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
representations to the court as to why the order should not be
10
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—
(a)
that person, and
15
(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 a restricted premises order in respect of any premises are—
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(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
tobacco offence (“the relevant offence”).
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(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
relates—
30
(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,
(c)
from keeping any cigarette machine on any premises for the
35
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
40
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
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Part 13 — Miscellaneous
116

which 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
5
(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,
10

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
15
all 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
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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
25
offence is 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”).
30
(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
35
restricted sale order under section 12B, by any person
aggrieved.”
Armed forces legislation
169
Amendments to armed forces legislation
Schedule 31 contains—
40
(a)
amendments to armed forces legislation (which make provision for
service courts etc. corresponding to other provisions of this Act); and

Criminal Justice and Immigration Bill
Part 14 — General
117

(b)
transitional provision relating to certain of those amendments.
Part 14
General
170
Orders and regulations
(1)
Orders or regulations made by the Secretary of State or the Lord Chancellor
5
under this Act are to be made by statutory instrument.
(2)
Any such orders or regulations—
(a)
may make provision generally or only for specified cases or
circumstances;
(b)
may make different provision for different cases, circumstances or
10
areas;
(c)
may make incidental, supplementary, consequential, transitional,
transitory or saving provision.
(3)
A statutory instrument containing—
(a)
an order under section 4(3),
15
(b)
an order under section 35(4),
(c)
an order under section 55(2),
(d)
an order under section 56(1), (3) or (5),
(e)
an order under section 57,
(f)
an order under section 59(4),
20
(g)
an order under section 79(1), (3) or (5),
(h)
an order under section 80,
(i)
an order under section 121(3) which amends or repeals any provision
of an Act,
(j)
regulations under section 136,
25
(k)
an order under section 162(6),
(l)
an order under section 171(3) which amends or repeals any provision
of an Act,
(m)
an order under paragraph 26 or 34 of Schedule 1,
(n)
an order under paragraph 25 of Schedule 2, or
30
(o)
an order under paragraph 6 of Schedule 5,

may not be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.
(4)
A statutory instrument containing any other order or regulations under this
Act other than—
35
(a)
an order under section 175,
(b)
an order under paragraph 25(5) of Schedule 1, or
(c)
an Order in Council under paragraph 9 of Schedule 23,

is subject to annulment in pursuance of a resolution of either House of
Parliament.
40
(5)
An order under section 175(5) is to be made by statutory rule for the purposes
of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).