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
Schedule 32 — Minor and consequential amendments
Part 2 — Other amendments
290

22
In section 116 (power to order return to prison where offence committed
during original sentence), in subsection (7), for “section 84 above” substitute
“section 265 of the Criminal Justice Act 2003 (restriction on consecutive
sentences for released prisoners)”.
Criminal Justice and Court Services Act 2000 (c. 43)
5
23
In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of
the Chapter)—
(a)
in subsection (1A)(a) for “authorised persons to be given assistance
in” substitute “the giving of assistance to persons”, and
(b)
in subsection (4) for ““authorised person” and “conditional caution”
10
have” substitute ““conditional caution” has”.
Sexual Offences Act 2003 (c. 42)
24
The Sexual Offences Act 2003 has effect subject to the following
amendments.
25    (1)
In section 133(1) (interpretation), in paragraph (a) of the definition of
15
“cautioned”, for “by a police officer” substitute “(or, in Northern Ireland,
cautioned by a police officer)”.
      (2)
This paragraph extends to England and Wales and Northern Ireland only.
26    (1)
In section 138 (orders and regulations), at the end insert—
“(4)
Orders or regulations made by the Secretary of State under this Act
20
may—
(a)
make different provision for different purposes;
(b)
include supplementary, incidental, consequential,
transitional, transitory or saving provisions.”
      (2)
The amendment made by sub-paragraph (1), and the repeals in Part 4 of
25
Schedule 34 of sections 86(4) and 87(6) of the Sexual Offences Act 2003
(which are consequential on that amendment), extend to England and Wales
and Northern Ireland only.
27    (1)
Schedule 3 (sexual offences in respect of which offender becomes subject to
notification requirements) is amended as follows.
30
      (2)
After paragraph 35 insert—
“35A
An offence under section 94 of the Criminal Justice and
Immigration Act 2008 (possession of extreme pornographic
images) if the offender—
(a)
was 18 or over, and
35
(b)
is sentenced in respect of the offence to imprisonment for a
term of at least 2 years.”
      (3)
After paragraph 92 insert—
“92A
An offence under section 94 of the Criminal Justice and
Immigration Act 2008 (possession of extreme pornographic
40
images) if the offender—
(a)
was 18 or over, and

Criminal Justice and Immigration Bill
Schedule 32 — Minor and consequential amendments
Part 2 — Other amendments
291

(b)
is sentenced in respect of the offence to imprisonment for a
term of at least 2 years.”
      (4)
In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “35A”.
      (5)
This paragraph extends to England and Wales and Northern Ireland only.
Criminal Justice Act 2003 (c. 44)
5
28
The Criminal Justice Act 2003 has effect subject to the following
amendments.
29    (1)
Section 23A (financial penalties) is amended as follows.
      (2)
In subsection (5), for paragraphs (b) and (c) substitute—
“(b)
the person to whom the financial penalty is to be paid and
10
how it may be paid.”
      (3)
In subsection (6), for “to the specified officer” substitute “in accordance with
the provision specified under subsection (5)(b).”
      (4)
After subsection (6) insert—
“(6A)
Where a financial penalty is (in accordance with the provision
15
specified under subsection (5)(b)) paid to a person other than a
designated officer for a local justice area, the person to whom it is
paid must give the payment to such an officer.”
      (5)
Omit subsections (7) to (9).
30
After section 23A insert—
20
“23B
Variation of conditions
A relevant prosecutor may, with the consent of the offender, vary the
conditions attached to a conditional caution by—
(a)
modifying or omitting any of the conditions;
(b)
adding a condition.”
25
31
In section 25 (codes of practice) in subsection (2) after paragraph (g) insert—
“(ga)
the provision which may be made by a relevant prosecutor
under section 23A(5)(b),”.
32
In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating
certain time periods relating to bail and custody under Part 10), before
30
paragraph (a) insert—
“(za)
Saturday,”.
33    (1)
Section 325 (arrangements for assessing etc risks posed by certain offenders)
is amended as follows.
      (2)
In subsection (8), for “section 326” substitute “sections 326 and 327A”.
35
      (3)
After that subsection insert—
“(8A)
Responsible authorities must have regard to any guidance issued
under subsection (8) in discharging those functions.”
34
In section 326(5)(a) (review of arrangements), for “and this section”
substitute “, this section and section 327A”.
40

Criminal Justice and Immigration Bill
Schedule 32 — Minor and consequential amendments
Part 2 — Other amendments
292

35
In Part 4 of Schedule 37, in the entry relating to the Magistrates’ Courts Act
1980, in the second column, omit the words “In section 33(1), paragraph (b)
and the word “and” immediately preceding it”.
Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions)
Order 2005 (S.I. 2005/950)
5
36
In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003
(Commencement No. 8 and Transitional and Saving Provisions) Order 2005
(saving from certain provisions of the Criminal Justice Act 2003 for sentences
of imprisonment of less than 12 months), for “sections 244 to 268” substitute
“sections 244 to 264 and 266 to 268”.
10
Terrorism Act 2006 (c. 11)
37    (1)
Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as
follows.
      (2)
In the cross-heading before paragraph 6 (offences involving nuclear
material), after “material” add “or nuclear facilities”.
15
      (3)
In paragraph 6(1), after “section 1(1)” insert “(a) to (d)”.
      (4)
For paragraph 6(2) and (3) substitute—
    “(2)
An offence mentioned in section 1(1)(a) or (b) of that Act where the
act making the person guilty of the offence (whether done in the
United Kingdom or elsewhere)—
20
(a)
is directed at a nuclear facility or interferes with the
operation of such a facility, and
(b)
causes death, injury or damage resulting from the emission
of ionising radiation or the release of radioactive material.
      (3)
An offence under any of the following provisions of that Act—
25
(a)
section 1B (offences relating to damage to environment);
(b)
section 1C (offences of importing or exporting etc. nuclear
material: extended jurisdiction);
(c)
section 2 (offences involving preparatory acts and threats).
      (4)
Expressions used in this paragraph and that Act have the same
30
meanings in this paragraph as in that Act.”
      (5)
After paragraph 6 insert—
“6A   (1)
Any of the following offences under the Customs and Excise
Management Act 1979—
(a)
an offence under section 50(2) or (3) (improper importation
35
of goods) in connection with a prohibition or restriction
relating to the importation of nuclear material;
(b)
an offence under section 68(2) (exportation of prohibited or
restricted goods) in connection with a prohibition or
restriction relating to the exportation or shipment as stores
40
of nuclear material;
(c)
an offence under section 170(1) or (2) (fraudulent evasion
of duty etc.) in connection with a prohibition or restriction

Criminal Justice and Immigration Bill
Schedule 32 — Minor and consequential amendments
Part 2 — Other amendments
293

relating to the importation, exportation or shipment as
stores of nuclear material.
      (2)
In this paragraph “nuclear material” has the same meaning as in
the Nuclear Material (Offences) Act 1983 (see section 6 of that
Act).”
5
Natural Environment and Rural Communities Act 2006 (c. 16)
38
In paragraph 7 of Schedule 5 to the Natural Environment and Rural
Communities Act 2006 (powers of wildlife inspectors extended to certain
other Acts) after paragraph (d) insert—
“(da)
section 19XB(1) and (4) (offences in connection with
10
enforcement powers);”.
Police and Justice Act 2006 (c. 48)
39    (1)
The Police and Justice Act 2006 is amended as follows.
      (2)
In subsection (1) of section 49 (orders and regulations)—
(a)
at the end of paragraph (a) insert “or”;
15
(b)
omit paragraph (c) and the “or” preceding it.
      (3)
In paragraph 30 of Schedule 1 (National Policing Improvement Agency:
inspections) omit sub-paragraph (3).
Armed Forces Act 2006 (c. 52)
40
In paragraph 12(ah) of Schedule 2 to the Armed Forces Act 2006 (offences)—
20
(a)
for “and 18 to 23” substitute “, 18 to 23 and 29B to 29G”; and
(b)
for “racial or religious hatred” substitute “hatred by reference to race
etc”.
Offender Management Act 2007 (c. 21)
41
In section 1 of the Offender Management Act 2007 (meaning of “the
25
probation purposes”)—
(a)
in subsection (1)(b) for “authorised persons to be given assistance in”
substitute “the giving of assistance to persons”, and
(b)
in subsection (4) for ““authorised person” and “conditional caution”
have” substitute ““conditional caution” has”.
30