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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

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