House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill


 

Criminal Justice and Immigration Bill

 

[AS AMENDED IN PUBLIC BILL COMMITTEE]

 
 

The Bill is divided into two volumes. Volume I contains the Clauses. Volume II

contains the Schedules to the Bill.

Contents

Part 1

Youth rehabilitation orders

Youth rehabilitation orders

1   

Youth rehabilitation orders

2   

Breach, revocation or amendment of youth rehabilitation orders

3   

Transfer of youth rehabilitation orders to Northern Ireland

4   

Meaning of “the responsible officer”

5   

Responsible officer and offender: duties in relation to the other

Supplementary

6   

Abolition of certain youth orders and related amendments

7   

Youth rehabilitation orders: interpretation

8   

Isles of Scilly

Part 2

Sentencing

General sentencing provisions

9   

Purposes etc. of sentencing: offenders aged under 18

10   

Abolition of suspended sentences for summary offences

11   

Restriction on imposing community sentences

Custodial sentences and release

12   

Indeterminate sentences: determination of tariffs

13   

Consecutive terms of imprisonment

14   

Minimum conditions for early release under section 246(1) of the Criminal

Justice Act 2003

15   

Application of section 35(1) of the Criminal Justice Act 1991 to prisoners liable

to removal from the UK

16   

Release of prisoners after recall

17   

Further review and release of prisoners after recall

 

Bill 15                                                                                                 

54/3

 
 

Criminal Justice and Immigration Bill

ii

 

18   

Recall of life prisoners: abolition of requirement for recommendation by

Parole Board

Early removal of prisoners from the United Kingdom

19   

Removal under Criminal Justice Act 1991 (offences before 4th April 2005 etc.)

20   

Removal under Criminal Justice Act 2003

Other sentencing provisions

21   

Referral orders: referral conditions

Enforcement of sentences

22   

Imposition of unpaid work requirement for breach of community order

23   

Youth default orders

24   

Power to impose attendance centre requirement on fine defaulter

25   

Disclosure of information for enforcing fines

Part 3

Appeals

Appeals by defendant

26   

Amendment of test for allowing appeals: England and Wales

27   

Amendment of test for allowing appeals: Northern Ireland

28   

Power of Court of Appeal to disregard developments in the law: England and

Wales

29   

Power of Court of Appeal to disregard developments in the law: Northern

Ireland

Appeals by prosecution

30   

Determination of prosecution appeals: England and Wales

31   

Determination of prosecution appeals: Northern Ireland

Miscellaneous

32   

Review of sentence on reference by Attorney General

33   

Further amendments relating to appeals in criminal cases

Part 4

Her Majesty’s Commissioner for Offender Management and Prisons

The Commissioner

34   

Appointment etc. of Commissioner

Complaints

35   

Eligible complaints: general

36   

Eligible complaints: specific requirements applicable to all complaints

 
 

Criminal Justice and Immigration Bill

iii

 

37   

Treatment by Commissioner of complaints

38   

Report on the outcome of an investigation

39   

Recommendations by Commissioner

Investigations into deaths

40   

Investigation of deaths

41   

Reports on the outcome of a death investigation

Investigations requested by the Secretary of State

42   

Investigations requested by the Secretary of State

43   

Reports on the outcome of an investigation under section 42

General powers and duties

44   

Powers of Commissioner to obtain information etc.

45   

Exceptions etc. to Commissioner’s powers under section 44

46   

Obstruction and contempt

47   

Working with other ombudsmen etc.

48   

Legal and other representation

Disclosure of information

49   

Disclosure of information etc.

50   

Disclosure prejudicial to national security or contrary to public interest

51   

Notification of matters of potential concern to the police or other authorities

General

52   

Power to pay expenses

53   

Consequential amendments relating to Part 4

54   

The Prisons and Probation Ombudsman

55   

Interpretation of Part 4

56   

Power to modify certain provisions of Part 4

57   

Power to confer new functions on Commissioner

Part 5

The Northern Ireland Commissioner for Prison Complaints

The Commissioner

58   

Appointment etc. of Northern Ireland Commissioner for Prison Complaints

Complaints

59   

Eligible complaints: general

60   

Eligible complaints: specific requirements applicable to all complaints

61   

Treatment by Commissioner of complaints

62   

Report on the outcome of an investigation

63   

Recommendations by Commissioner

 
 

Criminal Justice and Immigration Bill

iv

 

Investigations into deaths

64   

Investigation of deaths

65   

Reports on the outcome of a death investigation

Investigations requested by the Secretary of State

66   

Investigations requested by the Secretary of State

67   

Reports on the outcome of an investigation under section 66

General powers and duties

68   

Powers of Commissioner to obtain information etc.

69   

Exceptions etc. to Commissioner’s powers under section 68

70   

Obstruction and contempt

71   

Legal and other representation

Disclosure of information

72   

Disclosure of information etc.

73   

Disclosure prejudicial to national security or contrary to public interest

74   

Offence of wrongful disclosure

75   

Notification of matters of potential concern to the police or other authorities

General

76   

Power to pay expenses

77   

Transitional provision: the Prisoner Ombudsman for Northern Ireland

78   

Interpretation of Part 5

79   

Power to modify certain provisions of Part 5

80   

Power to confer new functions on Commissioner

Part 6

Other criminal justice provisions

Alternatives to prosecution

81   

Alternatives to prosecution for offenders under 18

82   

Protection for spent cautions under the Rehabilitation of Offenders Act 1974

83   

Criminal conviction certificates and criminal record certificates

Proceedings in magistrates’ courts

84   

Allocation of offences triable either way etc.

85   

Trial or sentencing in absence of accused in magistrates’ courts

86   

Extension of powers of non-legal staff

Criminal legal aid

87   

Provisional grant of right to representation

88   

Disclosure of information to enable assessment of financial eligibility

89   

Pilot schemes

 
 

Criminal Justice and Immigration Bill

v

 

Miscellaneous

90   

SFO’s pre-investigation powers in relation to bribery and corruption: foreign

officers etc

91   

Contents of an accused’s defence statement

92   

Compensation for miscarriages of justice

93   

Annual report on the Criminal Justice (Terrorism and Conspiracy) Act 1998

Part 7

Criminal law

Pornography etc.

94   

Possession of extreme pornographic images

95   

Exclusion of classified films etc.

96   

Defence

97   

Penalties etc. for possession of extreme pornographic images

98   

Special rules relating to providers of information society services

99   

Indecent photographs of children

100   

Indecent photographs of children (Northern Ireland)

101   

Maximum penalty for publication etc. of obscene articles

Sexual offences

102   

Offences committed outside the United Kingdom

103   

Grooming and adoption

Street offences

104   

Amendment to offence of loitering etc. for purposes of prostitution

105   

Orders to promote rehabilitation

106   

Rehabilitation of offenders: orders under section 1(2A) of the Street Offences

Act 1959

Hatred on the grounds of sexual orientation

107   

Hatred on the grounds of sexual orientation

Offences relating to nuclear material and nuclear facilities

108   

Offences relating to the physical protection of nuclear material and nuclear

facilities

Penalty for unlawfully obtaining etc. personal data

109   

Imprisonment for unlawfully obtaining etc. personal data

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

 
 

Criminal Justice and Immigration Bill

vi

 

111   

Procedure on issue of certificate: England and Wales

112   

Requests to other member States: Northern Ireland

113   

Procedure on issue of certificate: Northern Ireland

Recognition of financial penalties: requests from other member States

114   

Requests from other member States: England and Wales

115   

Procedure on receipt of certificate by designated officer

116   

Modification of Magistrates’ Courts Act 1980

117   

Requests from other member States: Northern Ireland

118   

Procedure on receipt of certificate by clerk of petty sessions

119   

Modification of Magistrates’ Courts (Northern Ireland) Order 1981

120   

Transfer of certificates to central authority for Scotland

121   

Requests from other member States: supplemental

Recognition of financial penalties: interpretation

122   

Interpretation of sections 110 to 121 etc.

Mutual legal assistance in revenue matters

123   

Power to transfer functions under Crime (International Co-operation) Act

2003 in relation to direct taxation

Part 9

Violent Offender Orders

Violent offender orders

124   

Violent offender orders

125   

Qualifying offenders

126   

Applications for violent offender orders

127   

Making of violent offender orders

128   

Variation, renewal or discharge of violent offender orders

129   

Interim violent offender orders

130   

Appeals

131   

Review of violent offender orders in respect of young offenders

Notification requirements

132   

Offenders subject to notification requirements

133   

Notification requirements: initial notification

134   

Notification requirements: changes

135   

Notification requirements: periodic notification

136   

Notification requirements: travel outside United Kingdom

137   

Method of notification and related matters

138   

Notification requirements to be complied with by parents of young offenders

139   

Parental directions: notification requirements imposed on parents of young

offenders

Supplementary

140   

Offences

 
 

Criminal Justice and Immigration Bill

vii

 

141   

Supply of information to Secretary of State etc.

142   

Supply of information by Secretary of State etc.

143   

Information about release or transfer

144   

Interpretation of Part 8

Part 10

Anti-social behaviour

Premises closure orders

145   

Closure orders: premises associated with persistent disorder or nuisance

Nuisance or disturbance on hospital premises

146   

Offence of causing nuisance or disturbance on NHS premises

147   

Power to remove person causing nuisance or disturbance

148   

Guidance about the power to remove etc.

149   

Nuisance or disturbance on HSS premises

Anti-social behaviour orders etc. in respect of children and young persons

150   

Review of anti-social behaviour orders etc.

151   

Individual support orders

Parenting contracts and parenting orders

152   

Parenting contracts and parenting orders: local authorities

Part 11

Policing

Misconduct procedures etc.

153   

Police misconduct and performance procedures

154   

Investigation of complaints of police misconduct etc.

Financial assistance

155   

Financial assistance under section 57 of the Police Act 1996

Inspection

156   

Inspection of police authorities

Part 12

Special immigration status

157   

Designation

158   

“Foreign criminal”

159   

Effect of designation

160   

Conditions

 
 

 
contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 5 December 2007