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 9 — Violent Offender Orders
94

138
Notification requirements to be complied with by parents of young offenders
(1)
This section applies where—
(a)
a violent offender order, or
(b)
an interim violent offender order,

is made in respect of an offender who is under 18 at the time when the order is
5
made (“the young offender”).
(2)
The court making the order may direct that subsection (3) applies in respect of
an individual having parental responsibility for the young offender (“the
parent”).
(3)
Where this subsection applies—
10
(a)
the obligations that would (apart from this subsection) be imposed on
the young offender by or under sections 133 to 136 are to be treated
instead as obligations of the parent, and
(b)
the parent must ensure that the young offender accompanies the parent
to the police station on each occasion when a notification is being given.
15
(4)
A direction under subsection (2) takes immediate effect and applies—
(a)
until the young offender attains the age of 18, or
(b)
for such shorter period as the court may direct at the time when it gives
the direction under subsection (2).
(5)
A chief officer of police may, by complaint to any magistrates’ court whose
20
commission area includes any part of the chief officer’s police area, apply for a
direction under subsection (2) in respect of an offender subject to notification
requirements—
(a)
who resides in that police area, or who the chief officer believes is in or
is intending to come to that police area, and
25
(b)
who the chief officer believes is under 18.
(6)
For this purpose the reference in subsection (2) to the court making the order
is to be read as a reference to the court referred to in subsection (5).
139
Parental directions: notification requirements imposed on parents of young
offenders
30
(1)
This section applies where a direction has been given by a magistrates’ court
under section 138.
(2)
A person within subsection (2) may, by complaint to that court, apply for an
order varying, renewing or discharging the direction.
(3)
The persons are—
35
(a)
the young offender;
(b)
the parent;
(c)
the chief officer of police for the police area in which the young offender
resides;
(d)
a chief officer of police who believes that the young offender is in, or is
40
intending to come to, the chief officer’s police area;
(e)
where the direction was made on an application under section 138(5),
the chief officer of police who made the application.
(4)
On an application under subsection (2) the court, after hearing—

Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders
95

(a)
the applicant, and
(b)
any other persons within subsection (3) who wish to be heard,

may make such order varying, renewing or discharging the direction as the
court considers appropriate.
Supplementary
5
140
Offences
(1)
If a person fails, without reasonable excuse, to comply with any prohibition,
restriction or condition contained in—
(a)
a violent offender order, or
(b)
an interim violent offender order,
10

the person commits an offence.
(2)
If a person fails, without reasonable excuse, to comply with—
(a)
section 133(1), 134(1) or (6)(b), 135(1), 137(4) or 138(3)(b), or
(b)
any requirement imposed by regulations made under section 136(1),

the person commits an offence.
15
(3)
If a person notifies to the police, in purported compliance with—
(a)
section 133(1), 134(1) or 135(1), or
(b)
any requirement imposed by regulations made under section 136(1),

any information which the person knows to be false, the person commits an
offence.
20
(4)
As regards an offence under subsection (2), so far as it relates to non-
compliance with—
(a)
section 133(1), 134(1) or 135(1), or
(b)
any requirement imposed by regulations made under section 136(1),

a person commits such an offence on the first day on which the person first
25
fails, without reasonable excuse, to comply with the provision mentioned in
paragraph (a) or (as the case may be) the requirement mentioned in paragraph
(b), and continues to commit it throughout any period during which the failure
continues.
(5)
But a person must not be prosecuted under subsection (2) more than once in
30
respect of the same failure.
(6)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding
35
5 years or a fine or both.
(7)
Proceedings for an offence under this section may be commenced in any court
having jurisdiction in any place where the person charged with the offence
resides or is found.
141
Supply of information to Secretary of State etc.
40
(1)
This section applies to information notified to the police under section 133(1),
134(1) or 135(1).

Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders
96

(2)
A chief officer of police may, for the purposes of the prevention, detection,
investigation or prosecution of offences under this Part, supply information to
which this section applies to—
(a)
the Secretary of State, or
(b)
a person providing services to the Secretary of State in connection with
5
a relevant function,

for use for the purpose of verifying the information.
(3)
In relation to information supplied to any person under subsection (2), the
reference to verifying the information is a reference to—
(a)
checking its accuracy by comparing it with information held—
10
(i)
where the person is the Secretary of State, by that person in
connection with the exercise of a relevant function, or
(ii)
where the person is within subsection (2)(b), by that person in
connection with the provision of services as mentioned there,
and
15
(b)
compiling a report of that comparison.
(4)
Subject to subsection (5), the supply of information under this section is to be
taken not to breach any restriction on the disclosure of information (however
arising).
(5)
This section does not authorise the doing of anything that contravenes the Data
20
Protection Act 1998 (c. 29).
(6)
This section does not affect any power to supply information that exists apart
from this section.
(7)
In this section “relevant function” means—
(a)
a function relating to social security, child support, employment or
25
training,
(b)
a function relating to passports, or
(c)
a function under Part 3 of the Road Traffic Act 1988 (c. 52).
142
Supply of information by Secretary of State etc.
(1)
A report compiled under section 141 may be supplied to a chief officer of police
30
by—
(a)
the Secretary of State, or
(b)
a person within section 141(2)(b).
(2)
Such a report may contain any information held—
(a)
by the Secretary of State in connection with the exercise of a relevant
35
function, or
(b)
by a person within section 141(2)(b) in connection with the provision of
services as mentioned there.
(3)
Where such a report contains information within subsection (2), the chief
officer to whom it is supplied—
40
(a)
may retain the information, whether or not used for the purposes of the
prevention, detection, investigation or prosecution of an offence under
this Part, and
(b)
may use the information for any purpose related to the prevention,
detection, investigation or prosecution of offences (whether or not
45
under this Part), but for no other purpose.

Criminal Justice and Immigration Bill
Part 9 — Violent Offender Orders
97

(4)
Subsections (5) to (7) of section 141 apply in relation to this section as they
apply in relation to section 141.
143
Information about release or transfer
(1)
This section applies to an offender subject to notification requirements who
is—
5
(a)
serving a sentence of imprisonment or a term of service detention, or
(b)
detained in a hospital.
(2)
The Secretary of State may by regulations make provision requiring the person
who is responsible for such an offender to give notice to specified persons—
(a)
of the fact that that person has become responsible for the offender; and
10
(b)
of any occasion when—
(i)
the offender is released, or
(ii)
a different person is to become responsible for the offender.
(3)
In subsection (2) “specified persons” means persons specified, or of a
description specified, in the regulations.
15
(4)
The regulations may make provision for determining who is to be taken for the
purposes of this section as being responsible for an offender.
144
Interpretation of Part 8
(1)
In this Part—
“the appropriate date” has the meaning given by section 126(6);
20
“country” includes territory;
“custodial sentence” has the meaning given by section 76 of the Powers of
Criminal Courts (Sentencing) Act 2000 (c. 6);
“home address” has the meaning given by section 133(5);
“hospital order” has the meaning given in section 37 of the Mental Health
25
Act 1983 (c. 20);
“interim violent offender order” means an order made under section 129;
“the offender”, in relation to a violent offender order or an interim violent
offender order, means the person in respect of whom the order is made;
“qualifying offender” has the meaning given by section 125(1);
30
“restriction order” has the meaning given in section 41 of the Mental
Health Act 1983;
“specified offence” has the meaning given by section 124(3);
“supervision order” has the meaning given by Schedule 1A to the
Criminal Procedure (Insanity) Act 1964 (c. 84);
35
“violent offender order” has the meaning given by section 124(1).
(2)
References in this Part to protecting the public from the risk of serious violent
harm caused by a person are to be read in accordance with section 124(2).
(3)
References in this Part to an offender subject to notification requirements are to
be read in accordance with section 132.
40
(4)
The following expressions have the same meanings as in Part 2 of the Sexual
Offences Act 2003 (c. 42) (notifications and orders)—
“detained in a hospital” (see sections 133 and 135 of that Act);

Criminal Justice and Immigration Bill
Part 10 — Anti-social behaviour
98

“parental responsibility” (see section 133 of that Act);
“sentence of imprisonment” (see section 131 of that Act);
“term of service detention” (see section 133(1) of that Act);
and references to a person having been found to be under a disability and to
have done the act charged are to be read in accordance with section 135 of that
5
Act.
Part 10
Anti-social behaviour
Premises closure orders
145
Closure orders: premises associated with persistent disorder or nuisance
10
Schedule 26 inserts a new Part 1A into the Anti-social Behaviour Act 2003
(c. 38) which makes provision about the issue of closure notices and the
making of closure orders in respect of premises associated with persistent
disorder or nuisance.
Nuisance or disturbance on hospital premises
15
146
Offence of causing nuisance or disturbance on NHS premises
(1)
A person commits an offence if—
(a)
the person causes, without reasonable excuse and while on NHS
premises, a nuisance or disturbance to an NHS staff member who is
working there or is otherwise there in connection with work,
20
(b)
the person refuses, without reasonable excuse, to leave the NHS
premises when asked to do so by a constable or an NHS staff member,
and
(c)
the person is not on the NHS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself.
25
(2)
A person who commits an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(3)
For the purposes of this section—
(a)
a person ceases to be on NHS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself once the person
30
has received the advice, treatment or care, and
(b)
a person is not on NHS premises for the purpose of obtaining medical
advice, treatment or care for himself or herself if the person has been
refused the advice, treatment or care during the last 8 hours.
(4)
In this section—
35
“hospital grounds” means land in the vicinity of a hospital and associated
with it,
“NHS premises” means—
(a)
any hospital vested in, or managed by, a relevant English NHS
body,
40

Criminal Justice and Immigration Bill
Part 10 — Anti-social behaviour
99

(b)
any building or other structure, or vehicle, associated with the
hospital and situated on hospital grounds (whether or not
vested in, or managed by, a relevant English NHS body), and
(c)
the hospital grounds,
“NHS staff member” means a person employed by a relevant English
5
NHS body or otherwise working for it (whether as or on behalf of a
contractor, as a volunteer or otherwise),
“relevant English NHS body” means—
(a)
a National Health Service trust (see section 25 of the National
Health Service Act 2006 (c. 41)), all or most of whose hospitals,
10
establishments and facilities are situated in England,
(b)
a Primary Care Trust (see section 18 of that Act), or
(c)
an NHS foundation trust (see section 30 of that Act), and
“vehicle” includes an air ambulance.
147
Power to remove person causing nuisance or disturbance
15
(1)
If a constable reasonably suspects that a person is committing or has
committed an offence under section 146, the constable may remove the person
from the NHS premises concerned.
(2)
If an authorised officer reasonably suspects that a person is committing or has
committed an offence under section 146, the authorised officer may—
20
(a)
remove the person from the NHS premises concerned, or
(b)
authorise an NHS staff member to do so.
(3)
Any person removing another person from NHS premises under this section
may use reasonable force (if necessary).
(4)
An authorised officer cannot remove a person under this section or authorise
25
another person to do so if the authorised officer has reason to believe that—
(a)
the person to be removed requires medical advice, treatment or care for
himself or herself, or
(b)
the removal of the person would endanger the person’s physical or
mental health.
30
(5)
In this section—
“authorised officer” means any NHS staff member authorised by a
relevant English NHS body to exercise the powers conferred on an
authorised officer by this section, and
“NHS premises”, “NHS staff member” and “relevant English NHS body”
35
have the same meaning as in section 146.
148
Guidance about the power to remove etc.
(1)
The Secretary of State may from time to time prepare and publish guidance to
relevant English NHS bodies and authorised officers about the powers in
section 147.
40
(2)
Such guidance may, in particular, relate to—
(a)
the authorisation by relevant English NHS bodies of authorised
officers,
(b)
the authorisation by authorised officers of NHS staff members to
remove persons under section 147,
45

Criminal Justice and Immigration Bill
Part 10 — Anti-social behaviour
100

(c)
training requirements for authorised officers and NHS staff members
authorised by them to remove persons under section 147,
(d)
matters that may be relevant to a consideration by authorised officers
for the purposes of section 147 of whether offences are being, or have
been, committed under section 146,
5
(e)
matters to be taken into account by authorised officers in deciding
whether there is reason to believe that a person requires medical
advice, treatment or care for himself or herself or that the removal of a
person would endanger the person’s physical or mental health,
(f)
the procedure to be followed by authorised officers or persons
10
authorised by them before using the power of removal in section 147,
(g)
the degree of force that it may be appropriate for authorised officers or
persons authorised by them to use in particular circumstances,
(h)
arrangements for ensuring that persons on NHS premises are aware of
the offence in section 146 and the powers of removal in section 147, or
15
(i)
the keeping of records.
(3)
Before publishing guidance under this section, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
(4)
A relevant English NHS body and an authorised officer must have regard to
any guidance published under this section when exercising functions under, or
20
in connection with, section 147.
(5)
In this section—
“authorised officer” has the same meaning as in section 147, and
“NHS premises”, “NHS staff member” and “relevant English NHS body”
have the same meaning as in section 146.
25
149
Nuisance or disturbance on HSS premises
Schedule 27 makes provision for Northern Ireland corresponding to the
provision made for England by sections 146 to 148.
Anti-social behaviour orders etc. in respect of children and young persons
150
Review of anti-social behaviour orders etc.
30
(1)
In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and
disorder) after section 1I insert—
“1J
Review of orders under sections 1, 1B and 1C
(1)
This section applies where—
(a)
an anti-social behaviour order,
35
(b)
an order under section 1B, or
(c)
an order under section 1C,

has been made in respect of a person under the age of 17.
(2)
If—
(a)
the person subject to the order will be under the age of 18 at the
40
end of a period specified in subsection (3) (a “review period”),
and
(b)
the term of the order runs until the end of that period or beyond,