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 7 — Criminal law
74

Offences relating to nuclear material and nuclear facilities
108
Offences relating to the physical protection of nuclear material and nuclear
facilities
(1)
Part 1 of Schedule 23 amends the Nuclear Material (Offences) Act 1983 (c. 18)
to create—
5
(a)
further offences relating to the physical protection of nuclear material,
and
(b)
offences relating to the physical protection of nuclear facilities,

and makes other amendments to that Act.
(2)
Part 2 of that Schedule makes related amendments to the Customs and Excise
10
Management Act 1979 (c. 2).
Penalty for unlawfully obtaining etc. personal data
109
Imprisonment for unlawfully obtaining etc. personal data
(1)
Section 60 of the Data Protection Act 1998 (c. 29) (penalties for offences under
Act) is amended as follows.
15
(2)
In subsection (2) (offences under Act punishable by fine) for “other than section
54A” substitute “other than sections 54A and 55”.
(3)
After subsection (3) insert—
“(3A)
A person guilty of an offence under section 55 is liable—
(a)
on summary conviction, to imprisonment for a term not
20
exceeding 12 months or to a fine not exceeding the statutory
maximum or to both;
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.
(3B)
In the application of subsection (3A)(a)—
25
(a)
in England and Wales, in relation to an offence committed
before the commencement of section 282(1) of the Criminal
Justice Act 2003 (increase in sentencing powers of magistrates’
court from 6 to 12 months for certain offences triable either
way),
30
(b)
in Scotland, until the commencement of section 45(1) of the
Criminal Proceedings etc. (Reform) (Scotland) Act 2007
(increase in sentencing powers from 6 to 12 months), and
(c)
in Northern Ireland,

the reference to 12 months is to be read as a reference to 6 months.”
35

Criminal Justice and Immigration Bill
Part 8 — International co-operation in relation to criminal justice matters
75

Part 8
International co-operation in relation to criminal justice matters
Recognition of financial penalties: requests to other member States
110
Requests to other member States: England and Wales
(1)
In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines and other sums
5
imposed on conviction) in paragraph 38 (the range of further steps available
against defaulters)—
(a)
after sub-paragraph (1)(e) insert—
“(f)
subject to sub-paragraph (4), issuing a certificate
requesting enforcement under the Framework Decision
10
on financial penalties;” and
(b)
after sub-paragraph (3) insert—
    “(4)
A certificate requesting enforcement under the Framework
Decision on financial penalties may only be issued where—
(a)
the sum due is a financial penalty within the meaning
15
of section 110 of the Criminal Justice and Immigration
Act 2008, and
(b)
it appears to the fines officer or the court that P is
normally resident, or has property or income, in a
member State other than the United Kingdom.
20
      (5)
In this paragraph, references to a certificate requesting
enforcement under the Framework Decision on financial
penalties are to be construed in accordance with section
122(3) of the Criminal Justice and Immigration Act 2008.”
(2)
The designated officer for a magistrates’ court may issue a certificate
25
requesting enforcement under the Framework Decision on financial penalties
where—
(a)
a person is required to pay a financial penalty,
(b)
the penalty is not paid in full within the time allowed for payment,
(c)
there is no appeal outstanding in relation to the penalty,
30
(d)
Schedule 5 to the Courts Act 2003 does not apply in relation to the
enforcement of the penalty, and
(e)
it appears to the designated officer that the person is normally resident
in, or has property or income in, a member State other than the United
Kingdom.
35
(3)
For the purposes of subsection (2)(c), there is no appeal outstanding in relation
to a financial penalty if—
(a)
no appeal has been brought in relation to the imposition of the financial
penalty within the time allowed for making such an appeal, or
(b)
such an appeal has been brought but the proceedings on appeal have
40
been concluded.
(4)
Where the person required to pay the financial penalty is a body corporate,
subsection (2)(e) applies as if the reference to the person being normally
resident in a member State other than the United Kingdom were a reference to

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the person having its registered office in a member State other than the United
Kingdom.
(5)
In this section, “financial penalty” means—
(a)
a fine imposed by a court in England and Wales on the person’s
conviction of an offence;
5
(b)
any sum payable under a compensation order (within the meaning of
section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(c. 6));
(c)
a surcharge under section 161A of the Criminal Justice Act 2003 (c. 44);
(d)
any sum payable under any such order as is mentioned in paragraphs
10
1 to 9 of Schedule 9 to the Administration of Justice Act 1970 (c. 31)
(orders for payment of costs);
(e)
any fine or other sum mentioned in section 112(4)(b)(i) to (iii), or any
fine imposed by a court in Scotland, which is enforceable in a local
justice area in England and Wales by virtue of section 91 of the
15
Magistrates’ Courts Act 1980 (c. 43);
(f)
any other financial penalty, within the meaning of the Framework
Decision on financial penalties, specified in an order made by the Lord
Chancellor.
111
Procedure on issue of certificate: England and Wales
20
(1)
This section applies where—
(a)
a magistrates’ court or a fines officer has, under paragraph 39(3)(b) or
40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate
requesting enforcement under the Framework Decision on financial
penalties, or
25
(b)
the designated officer for a magistrates’ court has issued such a
certificate under section 110(2) of this Act.
(2)
The fines officer (in the case of a certificate issued by the officer) or the
designated officer for the magistrates’ court (in any other case) must give the
Lord Chancellor the certificate, together with a certified copy of the decision
30
requiring payment of the financial penalty.
(3)
On receipt of the documents mentioned in subsection (2), the Lord Chancellor
must give those documents to the central authority or competent authority of
the member State in which the person required to pay the penalty appears to
be normally resident or (as the case may be) to have property or income.
35
(4)
Where a certified copy of the decision is given to the central authority or
competent authority of a member State in accordance with subsection (3), no
further steps to enforce the decision may be taken in England and Wales except
in accordance with provision made by order by the Lord Chancellor.
(5)
Where the person required to pay the financial penalty is a body corporate,
40
subsection (3) applies as if the reference to the member State in which the
person appears to be normally resident were a reference to the member State
in which the person appears to have its registered office.

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112
Requests to other member States: Northern Ireland
(1)
A designated officer of the Northern Ireland Court Service may issue a
certificate requesting enforcement under the Framework Decision on financial
penalties where—
(a)
a person is required to pay a financial penalty,
5
(b)
the penalty is not paid in full within the time allowed for payment,
(c)
there is no appeal outstanding in relation to the penalty, and
(d)
it appears to the designated officer that the person is normally resident
in, or has property or income in, a member State other than the United
Kingdom.
10
(2)
For the purposes of subsection (1)(c), there is no appeal outstanding in relation
to a financial penalty if—
(a)
no appeal has been brought in relation to the imposition of the financial
penalty within the time allowed for making such an appeal, or
(b)
such an appeal has been brought but the proceedings on appeal have
15
been concluded.
(3)
Where the person required to pay the financial penalty is a body corporate,
subsection (1)(d) applies as if the reference to the person being normally
resident in a member State other than the United Kingdom were a reference to
the person having its registered office in a member State other than the United
20
Kingdom.
(4)
In this section—
(a)
“designated officer of the Northern Ireland Court Service” means a
member of the staff of the Northern Ireland Court Service designated
by the Lord Chancellor for the purposes of this section;
25
(b)
“financial penalty” means—
(i)
a fine imposed by a court in Northern Ireland on the person’s
conviction of an offence;
(ii)
any sum payable under a compensation order (within the
meaning of article 14 of the Criminal Justice (Northern Ireland)
30
Order 1994 (S.I.1994/2795 (N.I.15));
(iii)
any sum payable under an order made under section 2(1), 4(1)
or 5(1) of the Costs in Criminal Cases Act (Northern Ireland)
1968 (N.I. 10) or section 41(1) of the Criminal Appeal (Northern
Ireland) Act 1980 (c. 47);
35
(iv)
any fine or other sum mentioned in section 110(5)(a) to (d), or
any fine imposed by a court in Scotland, which is enforceable in
a petty sessions district in Northern Ireland by virtue of Article
96 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.
1981/1675 (N.I.26));
40
(v)
any other financial penalty, within the meaning of the
Framework Decision on financial penalties, specified in an
order made by the Lord Chancellor.
113
Procedure on issue of certificate: Northern Ireland
(1)
This section applies where a designated officer has issued a certificate under
45
section 112(1).

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(2)
The designated officer must give the Lord Chancellor the certificate, together
with a certified copy of the decision requiring payment of the financial penalty.
(3)
On receipt of the documents mentioned in subsection (2), the Lord Chancellor
must give those documents to the central authority or competent authority of
the member State in which the person required to pay the penalty appears to
5
be normally resident or (as the case may be) to have property or income.
(4)
Where a certified copy of the decision is given to the central authority or
competent authority of a member State in accordance with subsection (3), no
further steps to enforce the decision may be taken in Northern Ireland except
in accordance with provision made by order by the Lord Chancellor.
10
(5)
Where the person required to pay the financial penalty is a body corporate,
subsection (3) applies as if the reference to the member State in which the
person appears to be normally resident were a reference to the member State
in which the person appears to have its registered office.
Recognition of financial penalties: requests from other member States
15
114
Requests from other member States: England and Wales
(1)
This section applies where—
(a)
the competent authority or central authority of a member State other
than the United Kingdom gives the Lord Chancellor—
(i)
a certificate requesting enforcement under the Framework
20
Decision on financial penalties, and
(ii)
the decision, or a certified copy of the decision, requiring
payment of the financial penalty to which the certificate relates,
and
(b)
the financial penalty is suitable for enforcement in England and Wales
25
(see section 121(1)).
(2)
If the certificate states that the person required to pay the financial penalty is
normally resident in England and Wales, the Lord Chancellor must give the
documents mentioned in subsection (1)(a) to the designated officer for the local
justice area in which it appears that the person is normally resident.
30
(3)
Otherwise, the Lord Chancellor must give the documents mentioned in
subsection (1)(a) to the designated officer for such local justice area as appears
appropriate.
(4)
Where the Lord Chancellor acts under subsection (2) or (3), the Lord
Chancellor must also give the designated officer a notice—
35
(a)
stating whether the Lord Chancellor thinks that any of the grounds for
refusal apply (see section 121(2)), and
(b)
giving reasons for that opinion.
(5)
Where the person required to pay the financial penalty is a body corporate,
subsection (2) applies as if the reference to the local justice area in which it
40
appears that the person is normally resident were a reference to the local justice
area in which it appears that the person has its registered office.
(6)
Where—

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(a)
the competent authority or central authority of a member State other
than the United Kingdom gives the central authority for Scotland the
documents mentioned in subsection (1)(a), and
(b)
without taking any action to enforce the financial penalty in Scotland,
the central authority for Scotland gives the documents to the Lord
5
Chancellor,

this section applies as if the competent authority or central authority gave the
documents to the Lord Chancellor.
115
Procedure on receipt of certificate by designated officer
(1)
This section applies where the Lord Chancellor gives the designated officer for
10
a local justice area—
(a)
a certificate requesting enforcement under the Framework Decision on
financial penalties,
(b)
the decision, or a certified copy of the decision, requiring payment of
the financial penalty to which the certificate relates, and
15
(c)
a notice under section 114(4).
(2)
The designated officer must refer the matter to a magistrates’ court acting for
that area.
(3)
The magistrates’ court must decide whether it is satisfied that any of the
grounds for refusal apply (see section 121(2)).
20
(4)
The designated officer must inform the Lord Chancellor of the decision of the
magistrates’ court.
(5)
Subsection (6) applies unless the magistrates’ court is satisfied that one or more
of the grounds for refusal apply.
(6)
The enactments specified in subsection (7) apply in relation to the financial
25
penalty as if it were a sum adjudged to be paid by a conviction of the
magistrates’ court on the date when the court made the decision mentioned in
subsection (4).
(7)
The enactments specified in this subsection are—
(a)
Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and
30
enforcement);
(b)
Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc.
and discharge of fines etc. by unpaid work);
(c)
any subordinate legislation (within the meaning of the Interpretation
Act 1978 (c. 30)) made under the enactments specified in paragraphs (a)
35
and (b).
(8)
If the certificate requesting enforcement under the Framework Decision on
financial penalties states that part of the financial penalty has been paid, the
reference in subsection (6) to the financial penalty is to be read as a reference to
such part of the penalty as remains unpaid.
40
116
Modification of Magistrates’ Courts Act 1980
(1)
Section 90 of the Magistrates’ Courts Act 1980 is modified as follows in its
application to financial penalties by virtue of section 115(7) above.
(2)
Subsection (1) applies as if for the words from “he is residing” to the end of that

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subsection there were substituted “he is residing, or has property or a source
of income, in any petty sessions district in Northern Ireland—
(a)
the court or the fines officer (as the case may be) may order that
payment of the sum shall be enforceable in that petty sessions
district, and
5
(b)
if such an order is made, the court or the fines officer must
notify the Lord Chancellor.”
117
Requests from other member States: Northern Ireland
(1)
This section applies where—
(a)
the competent authority or central authority of a member State other
10
than the United Kingdom gives the Lord Chancellor—
(i)
a certificate requesting enforcement under the Framework
Decision on financial penalties, and
(ii)
the decision, or a certified copy of the decision, requiring
payment of the financial penalty to which the certificate relates,
15
and
(b)
the financial penalty is suitable for enforcement in Northern Ireland
(see section 121(1)).
(2)
If the certificate states that the person required to pay the financial penalty is
normally resident in Northern Ireland, the Lord Chancellor must give the
20
documents mentioned in subsection (1)(a) to the clerk of petty sessions for the
petty sessions district in which it appears that the person is normally resident.
(3)
Otherwise, the Lord Chancellor must give the documents mentioned in
subsection (1)(a) to the clerk of petty sessions for such petty sessions district as
appears appropriate.
25
(4)
Where the Lord Chancellor acts under subsection (2) or (3), the Lord
Chancellor must also give the clerk of petty sessions a notice—
(a)
stating whether the Lord Chancellor thinks that any of the grounds for
refusal apply (see section 121(2)), and
(b)
giving reasons for that opinion.
30
(5)
Where the person required to pay the financial penalty is a body corporate,
subsection (2) applies as if the reference to the petty sessions district in which
it appears that the person is normally resident were a reference to the petty
sessions district in which it appears that the person has its registered office.
(6)
Where—
35
(a)
the competent authority or central authority of a member State other
than the United Kingdom gives the central authority for Scotland the
documents mentioned in subsection (1)(a), and
(b)
without taking any action to enforce the financial penalty in Scotland,
the central authority for Scotland gives the documents to the Lord
40
Chancellor,

this section applies as if the competent authority or central authority gave the
documents to the Lord Chancellor.
118
Procedure on receipt of certificate by clerk of petty sessions
(1)
This section applies where the Lord Chancellor gives the clerk of petty sessions
45
for a petty sessions district—