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 5 — The Northern Ireland Commissioner for Prison Complaints
50

(ii)
an offence of perjury alleged to have been committed in relation
to anything being done in connection with the Commissioner’s
functions;

or for the purposes of an investigation with a view to the taking of such
proceedings;
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(d)
for the purposes of proceedings under section 70;
(e)
to a coroner (or a person acting on behalf of a coroner) for the purposes
of an inquest;
(f)
to the Chief Inspector of Criminal Justice in Northern Ireland for the
purposes of the exercise of any of the functions of that office;
10
(g)
to Her Majesty’s Chief Inspector of Prisons for England and Wales for
the purposes of the exercise of any of the functions of that office;
(h)
in the case of information to which subsection (4) applies, to the
Information Commissioner;
(i)
in the case of information to which subsection (7) applies, to any person
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to whom the Commissioner thinks it should be disclosed in the public
interest.
(4)
This subsection applies to information if it appears to the Commissioner to
relate to—
(a)
a matter in respect of which the Information Commissioner could
20
exercise a power conferred by an enactment mentioned in subsection
(5); or
(b)
the commission of an offence mentioned in subsection (6).
(5)
Those enactments are—
(a)
Part 5 of the Data Protection Act 1998 (c. 29);
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(b)
section 48 of the Freedom of Information Act 2000 (c. 36);
(c)
Part 4 of that Act.
(6)
Those offences are offences under—
(a)
any provision of the Data Protection Act 1998 other than paragraph 12
of Schedule 9;
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(b)
section 77 of the Freedom of Information Act 2000.
(7)
This subsection applies to information if—
(a)
in the opinion of the Commissioner it reveals or otherwise relates to a
serious threat to the health or safety of a person; or
(b)
it does not fall within paragraph (a) but the Commissioner is
35
nevertheless of the opinion that it should be disclosed for the purpose
of enabling such a threat to be dealt with.
(8)
No person mentioned in subsection (10) may be called upon in any
proceedings to give evidence of protected information within subsection (1)(a)
or (b).
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(9)
Subsection (8) does not apply in relation to proceedings mentioned in
subsection (3)(c) to (e).
(10)
Those persons are—
(a)
the Commissioner;
(b)
a member of the Commissioner’s staff;
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(c)
a person from whom advice is obtained by virtue of paragraph 11 of
Schedule 12.

Criminal Justice and Immigration Bill
Part 5 — The Northern Ireland Commissioner for Prison Complaints
51

(11)
For the purposes of the law of defamation the publication of any matter by the
Commissioner for purposes connected with his functions (including functions
under this section) shall be absolutely privileged.
73
Disclosure prejudicial to national security or contrary to public interest
(1)
The Secretary of State may give a notice to the Commissioner stating that the
5
disclosure of—
(a)
any document or information specified in the notice, or
(b)
any description of document or information so specified,

would, in the opinion of the Secretary of State, prejudice national security or
would otherwise be contrary to the public interest.
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(2)
Nothing in this Part authorises or requires the Commissioner (or any member
of the Commissioner’s staff) to disclose to any person or for any purpose any
document or information covered by a current notice under subsection (1).
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Offence of wrongful disclosure
(1)
It is an offence for a person to whom this section applies—
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(a)
to disclose information in contravention of section 72, or
(b)
to disclose any document or information specified, or of a description
specified, in a current notice under section 73.
(2)
The persons to whom this section applies are—
(a)
the Commissioner,
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(b)
any member of the Commissioner’s staff, and
(c)
any person from whom advice is obtained advice by virtue of
paragraph 11 of Schedule 12.
(3)
A person who is guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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75
Notification of matters of potential concern to the police or other authorities
(1)
If while performing any functions the Commissioner forms the opinion—
(a)
that there should be a criminal investigation into any matter, or
(b)
that a controlling authority should, as a matter of urgency, take action
in relation to any matter,
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the Commissioner may notify a police force or that authority (as the case may
be) of the matter as soon as is practicable.
(2)
A notification under subsection (1) may include such information relating to
the matter in question as the Commissioner thinks fit.
General
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76
Power to pay expenses
(1)
Subject to subsection (3), the Commissioner may make payments (of such
amounts as the Commissioner thinks fit) towards the expenses of—
(a)
a person who has made an eligible complaint; or

Criminal Justice and Immigration Bill
Part 5 — The Northern Ireland Commissioner for Prison Complaints
52

(b)
a person who provides the Commissioner with information or other
assistance in relation to an eligible complaint or to an investigation
under section 64 or 66.
(2)
The Treasury may issue guidelines in relation to—
(a)
the circumstances under which payments under this section may be
5
made; and
(b)
the amounts of such payments.
(3)
The Commissioner must comply with any guidelines so issued.
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Transitional provision: the Prisoner Ombudsman for Northern Ireland
(1)
The Prisoner Ombudsman for Northern Ireland (“the Ombudsman”) has no
10
power to act in relation to—
(a)
any complaint made after commencement (whether or not it relates to
events which occurred before or on or after 2 May 2005);
(b)
any death or other matter occurring after commencement;
(c)
any matter referred by the Secretary of State after commencement.
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(2)
The Ombudsman shall continue to act (under the applicable terms of reference)
in relation to—
(a)
any complaint made before commencement (“an existing complaint”),
(b)
any death occurring before commencement (“an existing death
investigation”), and
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(c)
any other matter referred to the Commissioner by the Secretary of State
before commencement (“an existing referral investigation”),

unless the complaint, death or matter is treated by the Commissioner as one to
be dealt with under this Part by virtue of subsection (4).
(3)
The Ombudsman may re-open a completed investigation into any death or
25
other matter referred by the Secretary of State (unless it has previously been re-
opened under section 64 or 66 by the Commissioner).
(4)
The Commissioner may treat—
(a)
an existing complaint (so far as relating to matters within the
complaints remit) as an eligible complaint (whether or not it relates to
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events which occurred before or on or after 2 May 2005);
(b)
an existing death investigation (if it relates to a death that would fall
within the deaths remit if it occurred after the commencement of this
section) as an investigation under section 64;
(c)
an existing referral investigation (so far as relating to matters that could
35
be the subject of a request under section 66) as an investigation under
section 66.
(5)
For the purposes of any complaint, death or matter which is to any extent dealt
with under this Part by virtue of subsection (4), things done by or in relation to
the Ombudsman shall be treated as having been done by or in relation to the
40
Commissioner.
(6)
In this section “commencement’ means the commencement of this section.
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Interpretation of Part 5
(1)
In this Part—

Criminal Justice and Immigration Bill
Part 5 — The Northern Ireland Commissioner for Prison Complaints
53

“applicable premises” means a prison, a young offenders centre or a
remand centre in Northern Ireland;
“the complaints remit” is to be construed in accordance with section 59(2);
“controlling authority” means—
(a)
a person listed in Schedule 15; or
5
(b)
any person of a description specified in an order made by the
Secretary of State;
“the deaths remit” is to be construed in accordance with section 64(2);
“document” includes information recorded in any form;
“eligible”, in relation to a complaint or part of a complaint, means eligible
10
for the purposes of this Part in accordance with section 59(1) (and
cognate expressions are to be construed accordingly);
“events” includes any conduct or omission;
“police force” means—
(a)
the Police Service of Northern Ireland;
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(b)
a police force in England, Wales or Scotland;
(c)
the Ministry of Defence Police;
(d)
the British Transport Police Force;
and “police officer” shall be construed accordingly;
“prison officer” means an individual appointed to a post under section
20
2(2) of the Prison Act (Northern Ireland) 1953 (N.I.18);
“prisoner custody officer” means a person who is a prison custody officer
within the meaning of Chapter 3 of Part 8 of the Criminal Justice and
Public Order Act 1994 (c. 33);
“the relevant person”, in relation to a complaint, has the meaning given by
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section 59(11);
“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (c. 30).
(2)
In this section, “prison” has the same meaning as in the Prison Act (Northern
Ireland) 1953 (N.I.18).
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(3)
Any power under this Part to make an order modifying a provision of any
legislation includes power to amend, repeal or revoke that provision.
79
Power to modify certain provisions of Part 5
(1)
The Secretary of State may by order modify Schedule 13 so as to—
(a)
add a description of matter to that Schedule; or
35
(b)
amend or repeal any description of matter for the time being specified
there.
(2)
The power in subsection (1) may not be exercised so as to exclude any matters
that fall within a description specified in Schedule 13 when this Act is passed.
(3)
The Secretary of State may by order modify Schedule 14 so as to—
40
(a)
add a description of death; or
(b)
amend or repeal any description of death for the time being specified
there.
(4)
The power in subsection (3) may not be exercised so as to exclude any deaths
that fall within a description specified in Schedule 14 when this Act is passed.
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Criminal Justice and Immigration Bill
Part 6 — Other criminal justice provisions
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(5)
The Secretary of State may by order modify subsection (3) of section 66 so as
to—
(a)
add a description of events; or
(b)
amend or repeal any description of events for the time being specified
in that subsection.
5
(6)
The Secretary of State may by order modify section 72 so as to—
(a)
add an exception to subsection (3);
(b)
amend or repeal an exception for the time being specified in that
subsection; or
(c)
specify further circumstances in which subsection (8) does not apply.
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(7)
The power in subsection (6) may not be exercised so as to have the effect of
removing or limiting an exception contained in section 72(3)(a) or (b) when this
Act is passed.
(8)
The power under section 170(2)(c) to make consequential provision in an order
under this section includes power to modify this or any other Act or any
15
subordinate legislation, or any Northern Ireland legislation or instrument
made under Northern Ireland legislation, whenever passed or made.
(9)
Nothing in subsection (2), (4) or (7) prevents a power under this section being
used to remove any provision that is spent.
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Power to confer new functions on Commissioner
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(1)
The Secretary of State may by order make provision (whether by amending
this Part or otherwise) for or in connection with—
(a)
the conferring of additional functions on the Commissioner;
(b)
the conferring of functions on the Secretary of State in relation to any
additional function conferred on the Commissioner.
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(2)
The power under section 170(2)(c) to make consequential provision in an order
under this section includes power to modify this or any other Act or any
subordinate legislation, or any Northern Ireland legislation or instrument
made under Northern Ireland legislation, whenever passed or made.
Part 6
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Other criminal justice provisions
Alternatives to prosecution
81
Alternatives to prosecution for offenders under 18
Schedule 16 amends the Crime and Disorder Act 1998 (c. 37)—
(a)
to make provision for the giving of youth conditional cautions to
35
offenders aged 16 and 17, and
(b)
to make minor amendments relating to reprimands and warnings
under section 65 of that Act.