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 2 — Sentencing
15

(2)
The condition is that the person has the settled intention of residing
permanently outside the United Kingdom if removed from prison
under section 46A below.
(3)
The person must not be one who is liable to removal from the United
Kingdom.”
5
(3)
Section 46A (early removal of persons liable to removal from the United
Kingdom) is amended as follows.
(4)
In subsection (1) (the power of removal) after “is liable to” insert “, or eligible
for,”.
(5)
Also in subsection (1), for “at any time after he has served the requisite period”
10
substitute “at any time in the period—
(a)
beginning when the person has served the requisite period (see
subsection (5)), and
(b)
ending when the person has served one-half of the term.”
(6)
Subsection (2) (cases where subsection (1) does not apply) ceases to have effect.
15
(7)
In subsection (3) (purpose of removal from prison etc.)—
(a)
at the beginning of paragraph (a) insert “if liable to removal from the
United Kingdom,”;
(b)
for “and” at the end of that paragraph substitute—
“(aa)
if eligible for removal from the United Kingdom, is so
20
removed only for the purpose of enabling the prisoner
to leave the United Kingdom in order to reside
permanently outside the United Kingdom, and”;
(c)
at the beginning of paragraph (b) insert “in either case,”.
(8)
In subsection (5) (the requisite period) in paragraph (a) omit “three months or
25
more but”.
(9)
In consequence of the amendments made by this section, the heading to section
46A becomes “Early removal of persons liable to, or eligible for, removal from
United Kingdom”.
20
Removal under Criminal Justice Act 2003
30
(1)
In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release
on licence) is amended as follows.
(2)
After section 259 (persons liable to removal from the United Kingdom) insert—
“259A
  Persons eligible for removal from the United Kingdom
(1)
For the purposes of this Chapter, to be “eligible for removal from the
35
United Kingdom” a person must show, to the satisfaction of the
Secretary of State, that the condition in subsection (2) is met.
(2)
The condition is that the person has the settled intention of residing
permanently outside the United Kingdom if removed from prison
under section 260.
40
(3)
The person must not be one who is liable to removal from the United
Kingdom.”

Criminal Justice and Immigration Bill
Part 2 — Sentencing
16

(3)
Section 260 (early removal of prisoners liable to removal from United
Kingdom) is amended as follows.
(4)
In subsection (1) (the power of removal) after “is liable to” insert “, or eligible
for,”.
(5)
The following provisions cease to have effect—
5
(a)
subsection (2) (conditions relating to time), and
(b)
subsection (3) (cases where subsection (1) does not apply).
(6)
In subsection (4) (purpose of removal from prison etc.)—
(a)
at the beginning of paragraph (a) insert “if liable to removal from the
United Kingdom,”;
10
(b)
for “and” at the end of that paragraph substitute—
“(aa)
if eligible for removal from the United Kingdom, is so
removed only for the purpose of enabling the prisoner
to leave the United Kingdom in order to reside
permanently outside the United Kingdom, and”;
15
(c)
at the beginning of paragraph (b) insert “in either case,”.
(7)
For subsection (7) (meaning of “requisite custodial period”) substitute—
“(7)
In this section “requisite custodial period”—
(a)
in relation to a prisoner serving an extended sentence imposed
under section 227 or 228, means one-half of the appropriate
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custodial term (determined by the court under that section);
(b)
in any other case, has the meaning given by paragraph (a), (b)
or (d) of section 244(3).”
(8)
In consequence of the amendments made by this section—
(a)
the italic heading preceding section 259 becomes “Persons liable to, or
25
eligible for, removal from the United Kingdom”, and
(b)
the heading to section 260 becomes “Early removal of persons liable to,
or eligible for, removal from United Kingdom”.
Other sentencing provisions
21
Referral orders: referral conditions
30
(1)
Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (the
referral conditions) is amended as follows.
(2)
In subsection (1)—
(a)
after “section 16(2) above” insert “and subsection (2) below”,
(b)
insert “and” at the end of paragraph (a), and
35
(c)
omit paragraph (c).
(3)
For subsections (1A) and (2) substitute—
“(2)
For the purposes of section 16(3) above, the discretionary referral
conditions are satisfied in relation to an offence if—
(a)
the compulsory referral conditions are not satisfied in relation
40
to the offence;
(b)
the offender pleaded guilty—
(i)
to the offence; or

Criminal Justice and Immigration Bill
Part 2 — Sentencing
17

(ii)
if the offender is being dealt with by the court for the
offence and any connected offence, to at least one of
those offences; and
(c)
the offender—
(i)
has never been convicted by or before a court in the
5
United Kingdom of any offence other than the offence
and any connected offence; or
(ii)
has been dealt with by such a court for any offence other
than the offence and any connected offence on only one
previous occasion but has never been referred to a youth
10
offender panel under section 16 above.”
(4)
Omit subsection (5).
Enforcement of sentences
22
Imposition of unpaid work requirement for breach of community order
(1)
Part 2 of Schedule 8 to the Criminal Justice Act 2003 (c. 44) (breach of
15
community order) is amended as follows.
(2)
In paragraph 9 (powers of magistrates’ court) after sub-paragraph (3) insert—
   “(3A)
Where—
(a)
the court is dealing with the offender under sub-paragraph
(1)(a), and
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(b)
the community order does not contain an unpaid work
requirement,

section 199(2)(a) applies in relation to the inclusion of such a
requirement as if for “40” there were substituted “20”.”
(3)
In paragraph 10 (powers of Crown Court) after sub-paragraph (3) insert—
25
   “(3A)
Where—
(a)
the court is dealing with the offender under sub-paragraph
(1)(a), and
(b)
the community order does not contain an unpaid work
requirement,
30

section 199(2)(a) applies in relation to the inclusion of such a
requirement as if for “40” there were substituted “20”.”
23
Youth default orders
(1)
Subsection (2) applies in any case where, in respect of a person aged under 18,
a magistrates’ court would, but for section 89 of the Powers of Criminal Courts
35
(Sentencing) Act 2000 (c. 6) (restrictions on custodial sentences), have power to
issue a warrant of commitment for default in paying a sum adjudged to be paid
by a conviction (other than a sum ordered to be paid under section 6 of the
Proceeds of Crime Act 2002 (c. 29)).
(2)
The magistrates’ court may, instead of proceeding under section 81 of the
40
Magistrates’ Courts Act 1980 (enforcement of fines imposed on young
offender), order the person in default to comply with—
(a)
in the case of a person aged 16 or 17, an unpaid work requirement (see
paragraph 10 of Schedule 1),

Criminal Justice and Immigration Bill
Part 2 — Sentencing
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(b)
an attendance centre requirement (see paragraph 12 of that Schedule),
or
(c)
a curfew requirement (see paragraph 14 of that Schedule).
(3)
In this section (and Schedule 5) “youth default order” means an order under
subsection (2).
5
(4)
Section 1(2) and paragraph 2 of Schedule 1 (power or requirement to impose
electronic monitoring requirement) have effect in relation to a youth default
order as they have effect in relation to a youth rehabilitation order.
(5)
Where a magistrates’ court has power to make a youth default order, it may, if
it thinks it expedient to do so, postpone the making of the order until such time
10
and on such conditions (if any) as it thinks just.
(6)
The following provisions have effect in relation to youth default orders as they
have effect in relation to youth rehabilitation orders, but subject to the
modifications contained in Schedule 5—
(a)
sections 4, 5 and 7,
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(b)
paragraphs 1, 10, 12, 14, 25, 26, 28, 32 and 33 of Schedule 1 (youth
rehabilitation orders: further provisions),
(c)
Schedule 2 (breach, revocation or amendment of youth rehabilitation
orders), and
(d)
Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland).
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(7)
Where a youth default order has been made for default in paying any sum—
(a)
on payment of the whole sum to any person authorised to receive it, the
order ceases to have effect, and
(b)
on payment of a part of the sum to any such person, the total number
of hours or days to which the order relates is to be taken to be reduced
25
by a proportion corresponding to that which the part paid bears to the
whole sum.
(8)
In calculating any reduction required by subsection (7)(b), any fraction of a day
or hour is to be disregarded.
24
Power to impose attendance centre requirement on fine defaulter
30
(1)
Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid
work requirement or curfew requirement on fine defaulter) is amended as
follows.
(2)
In the heading for “or curfew requirement” substitute “curfew requirement or
attendance centre requirement”.
35
(3)
In subsection (2), at the end of paragraph (b) insert “, or
(c)
in a case where the person is aged under 25, an attendance
centre requirement (as defined by section 214)”.
25
Disclosure of information for enforcing fines
(1)
Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings
40
orders and applications for benefit deductions) is amended as follows.

Criminal Justice and Immigration Bill
Part 2 — Sentencing
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(2)
After paragraph 9 insert—
“Disclosure of information in connection with application for benefit deductions
9A    (1)
The designated officer for a magistrates’ court may make an
information request to the Secretary of State for the purpose of
facilitating the making of a decision by the court as to whether it is
5
practicable or appropriate to make an application for benefit
deductions in respect of P.
      (2)
An information request is a request for the disclosure of some or all
of the following information—
(a)
P’s full name;
10
(b)
P’s address (or any of P’s addresses);
(c)
P’s date of birth;
(d)
P’s national insurance number;
(e)
P’s benefit status.
      (3)
On receiving an information request, the Secretary of State may
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disclose the information requested to—
(a)
the officer who made the request, or
(b)
a justices’ clerk specified in the request.
Restrictions on disclosure
9B    (1)
A person to whom information is disclosed under paragraph 9A(3),
20
or this sub-paragraph, may disclose the information to any person to
whom its disclosure is necessary or expedient in connection with
facilitating the making of a decision by the court as to whether it is
practicable or appropriate to make an application for benefit
deductions in respect of P.
25
      (2)
A person to whom such information is disclosed commits an offence
if the person—
(a)
discloses or uses the information, and
(b)
the disclosure is not authorised by sub-paragraph (1) or (as
the case may be) the use is not for the purpose of facilitating
30
the making of such a decision as is mentioned in that sub-
paragraph.
      (3)
But it is not an offence under sub-paragraph (2)—
(a)
to disclose any information in accordance with any
enactment or order of a court or for the purposes of any
35
proceedings before a court; or
(b)
to disclose any information which has previously been
lawfully disclosed to the public.
      (4)
It is a defence for a person charged with an offence under sub-
paragraph (2) to prove that the person reasonably believed that the
40
disclosure or use was lawful.
      (5)
A person guilty of an offence under sub-paragraph (2) is liable on
summary conviction to a fine not exceeding level 4 on the standard
scale.

Criminal Justice and Immigration Bill
Part 3 — Appeals
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Paragraphs 9A and 9B: supplementary
9C    (1)
This paragraph applies for the purposes of paragraphs 9A and 9B.
      (2)
“Benefit status”, in relation to P, means whether or not P is in receipt
of any prescribed benefit or benefits and, if so (in the case of each
benefit)—
5
(a)
which benefit it is,
(b)
where it is already subject to deductions under any
enactment, the nature of the deductions concerned, and
(c)
the amount received by P by way of the benefit, after
allowing for any such deductions.
10
      (3)
“Information” means information held in any form.
      (4)
“Prescribed” means prescribed by regulations made by the Lord
Chancellor.
      (5)
Nothing in paragraph 9A or 9B authorises the making of a disclosure
which contravenes the Data Protection Act 1998.”
15
Part 3
Appeals
Appeals by defendant
26
Amendment of test for allowing appeals: England and Wales
(1)
The Criminal Appeal Act 1968 (c. 19) is amended as follows.
20
(2)
In section 2 (grounds for allowing an appeal against conviction) after
subsection (1) insert—
“(1A)
For the purposes of subsection (1)(a), the conviction is not unsafe if the
Court think that there is no reasonable doubt about the appellant’s
guilt.
25
(1B)
Subsection (1A) does not require the Court to dismiss the appeal if they
think that it would seriously undermine the proper administration of
justice to allow the conviction to stand.”
(3)
In section 13 (disposal of appeal against verdict of not guilty by reason of
insanity), after subsection (1) insert—
30
“(1A)
For the purposes of subsection (1)(a), the verdict shall not be regarded
as unsafe for a reason unrelated to the correctness of the finding of
insanity if the Court think that there is no reasonable doubt that the
accused did the act or made the omission charged.
(1B)
Subsection (1A) does not require the Court to dismiss the appeal if they
35
think that it would seriously undermine the proper administration of
justice to allow the verdict to stand.”
(4)
In section 16 (disposal of appeal against finding of disability), after subsection

Criminal Justice and Immigration Bill
Part 3 — Appeals
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(1) insert—
“(1A)
For the purposes of subsection (1)(a), a finding shall not be regarded as
unsafe for a reason unrelated to the correctness of the finding that the
accused is under a disability if the Court think that there is no
reasonable doubt that the accused did the act or made the omission
5
charged.
(1B)
Subsection (1A) does not require the Court to dismiss the appeal if they
think that it would seriously undermine the proper administration of
justice to allow the finding to stand.”
(5)
In section 23 (evidence)—
10
(a)
in subsection (2)(b) after “allowing” insert “or dismissing”, and
(b)
in subsection (2)(c) for “which is the subject of the appeal” substitute
“which is relevant to the determination of the appeal”.
(6)
Before section 31 (but after the cross-heading preceding it) insert—
“30A
Evidence given after close of prosecution case
15
In determining an appeal under this Part, the Court of Appeal shall not
disregard any evidence solely on the ground that it was given after the
judge at the appellant’s trial wrongly permitted the trial to continue
after the close of the evidence for the prosecution.”
(7)
After section 30A (as inserted by subsection (6) above) insert—
20
“30B
Referral of serious misconduct to Attorney General
If it appears to the Court of Appeal, in determining an appeal under
this Part, that there has been serious misconduct by any person
involved in the investigation or prosecution of the offence the Court
may refer the matter to the Attorney General.”
25
27
Amendment of test for allowing appeals: Northern Ireland
(1)
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended as follows.
(2)
In section 2 (grounds for allowing an appeal against conviction) after
subsection (1) insert—
“(1A)
For the purposes of subsection (1)(a), the conviction is not unsafe if the
30
Court thinks that there is no reasonable doubt about the appellant’s
guilt.
(1B)
Subsection (1A) does not require the Court to dismiss the appeal if it
thinks that it would seriously undermine the proper administration of
justice to allow the conviction to stand.”
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(3)
In section 12 (appeal against finding of not guilty on ground of insanity), after
subsection (2) insert—
“(2A)
For the purposes of subsection (2)(a), the finding shall not be regarded
as unsafe for a reason unrelated to the correctness of the finding of
insanity if the Court thinks that there is no reasonable doubt that the
40
accused did the act or made the omission charged.