House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 9th January 2008
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Criminal Justice and Immigration Bill, continued

Power of court

9ZD(1)
If it appears to the appropriate court that it would be in the interests of

justice to do so having regard to circumstances which have arisen

since the contract took effect, the court may make an order extending

the length of the period for which the contract has effect.

      (2)
An order under sub-paragraph (1) above—

(a)
must not extend that period by more than three months; and

(b)
must not so extend that period as to cause it to exceed twelve

months.

      (3)
In deciding whether to make an order under sub-paragraph (1) above,

the court shall have regard to the extent of the offender’s compliance

with the terms of the contract.

      (4)
The court may not make an order under sub-paragraph (1) above

unless—

(a)
the offender is present before it; and

(b)
the contract has effect at the time of the order.

Supplementary

9ZE
The following paragraphs of Part 1 of this Schedule apply for the

purposes of this Part of this Schedule as they apply for the purposes of

that Part—

(a)
paragraph 3 (bringing the offender before the court);

(b)
paragraph 4 (detention and remand of arrested offender); and

(c)
paragraph 9ZA (power to adjourn hearing and remand

offender).”’.

Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom

Secretary Jack Straw

NC21

To move the following Clause:—

‘In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of

the UK), for subsection (1) substitute—

“(1)
The effect of a warrant under section 1 providing for the transfer of the

prisoner out of the United Kingdom shall be to authorise—

(a)
the taking of the prisoner to any place in any part of the United

Kingdom, his delivery at a place of departure from the United

Kingdom into the custody of an appropriate person and his

removal by that person from the United Kingdom to a place

outside the United Kingdom; or

(b)
the taking of the prisoner to any place in any part of the United

Kingdom, his removal from the United Kingdom and his

delivery, at the place of arrival from the United Kingdom, into

the custody of an appropriate person.

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Criminal Justice and Immigration Bill, continued

(1A)
In subsection (1) “appropriate person” means a person representing the

appropriate authority of the country or territory to which the prisoner is

to be transferred.”’.

Issue of warrant transferring responsibility for detention and release of an offender to or

from the relevant Minister

Secretary Jack Straw

nc22

To move the following Clause:—

‘After section 4 of the Repatriation of Prisoners Act 1984 (c. 47) (transfer into the

United Kingdom) insert—

“Transfer of responsibility for detention and release of offender present outside

the country or territory in which he is required to be detained

4A
Issue of warrant transferring responsibility for detention and release

of offender

(1)
This section enables responsibility for the detention and release of a

person to whom subsection (2) or (3) applies to be transferred between

the relevant Minister in the United Kingdom and the appropriate

authority in a country or territory outside the British Islands.

(2)
A person falls within this subsection if that person—

(a)
is a person to whom section 1(7) applies by virtue of—

(i)
an order made in the course of the exercise by a court or

tribunal in any part of the United Kingdom of its

criminal jurisdiction; or

(ii)
any of the provisions of this Act or any similar

provisions of the law of any part of the United Kingdom;

and

(b)
is present in a country or territory outside the British Islands.

(3)
A person falls within this subsection if that person—

(a)
is a person to whom section 1(7) applies by virtue of —

(i)
an order made in the course of the exercise by a court or

tribunal in a country or territory outside the British

Islands of its criminal jurisdiction; or

(ii)
any provisions of the law of such a country or territory

which are similar to any of the provisions of this Act;

and

(b)
is present in the United Kingdom.

(4)
Terms used in subsection (2)(a) and (3)(a) have the same meaning as in

section 1(7).

(5)
Subject to the following provisions of this section, where—

(a)
the United Kingdom is a party to international arrangements

providing for the transfer between the United Kingdom and a

country or territory outside the British Islands of responsibility

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Criminal Justice and Immigration Bill, continued

for the detention and release of persons to whom subsection (2)

or (3) applies,

(b)
the relevant Minister and the appropriate authority of that

country or territory have each agreed to the transfer under those

arrangements of responsibility for the detention and release of a

particular person to whom subsection (2) or (3) applies (in this

Act referred to as “the relevant person”), and

(c)
in a case in which the terms of those arrangements provide for

the transfer of responsibility to take place only with the relevant

person’s consent, that consent has been given,


the relevant Minister shall issue a warrant providing for the transfer of

responsibility for the detention and release of the relevant person from

that Minister (where subsection (2) applies) or to that Minister (where

subsection (3) applies).

(6)
The relevant Minister shall not issue a warrant under this section

providing for the transfer of responsibility for the detention and release

of a person to the relevant Minister unless—

(a)
that person is a British citizen;

(b)
the transfer appears to the relevant Minister to be appropriate

having regard to any close ties which that person has with the

United Kingdom.

(7)
The relevant Minister shall not issue a warrant under this section where,

after the duty in subsection (5) has arisen, circumstances arise or are

brought to his attention which in his opinion make it inappropriate that

the transfer of responsibility should take place.

(8)
The relevant Minister shall not issue a warrant under this section (other

than one superseding an earlier warrant) unless he is satisfied that all

reasonable steps have been taken to inform the relevant person in writing

in his own language—

(a)
of the substance, so far as relevant to the case, of the international

arrangements in accordance with which it is proposed to transfer

responsibility for his detention and release;

(b)
of the effect in relation to the relevant person of the warrant

which it is proposed to issue under this section;

(c)
in the case of a person to whom subsection (2) applies, of the

effect in relation to his case of so much of the law of the country

or territory concerned as has effect with respect to transfers

under those arrangements of responsibility for his detention and

release;

(d)
in the case of a person to whom subsection (3) applies, of the

effect in relation to his case of the law relating to his detention

under that warrant and subsequent release (including the effect

of any enactment or instrument under which he may be released

earlier than provided for by the terms of the warrant); and

(e)
of the powers of the relevant Minister under section 6;


and the relevant Minister shall not issue a warrant superseding an earlier

warrant under this section unless the requirements of this subsection were

fulfilled in relation to the earlier warrant.

(9)
A consent given for the purposes of subsection (5)(c) shall not be capable

of being withdrawn after a warrant under this section has been issued in

respect of the relevant person; and, accordingly, a purported withdrawal

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Criminal Justice and Immigration Bill, continued

of that consent after that time shall not affect the validity of the warrant,

or of any provision which by virtue of section 6 subsequently supersedes

provisions of that warrant, or of any direction given in relation to the

prisoner under section 4B(3).

(10)
In this section “relevant Minister” means—

(a)
the Scottish Ministers in a case where the person who is the

subject of the proposed transfer of responsibility is—

(i)
a person to whom subsection (2) applies who is for the

time being required to be detained at a place in Scotland;

or

(ii)
a person to whom subsection (3) applies, if it is proposed

that he will be detained at a place in Scotland;

(b)
the Secretary of State, in any other case.

4B
Transfer of responsibility from the United Kingdom

(1)
The effect of a warrant under section 4A relating to a person to whom

subsection (2) of that section applies shall be to transfer responsibility for

the detention and release of that person from the relevant Minister (as

defined in section 4A(10)) to the appropriate authority of the country or

territory in which he is present.

(2)
Subject to subsections (3) to (6), the order by virtue of which the relevant

person is required to be detained at the time such a warrant is issued in

respect of him shall continue to have effect after the transfer of

responsibility so as to apply to him if he comes to be in the United

Kingdom at any time when under that order he is to be, or may be,

detained.

(3)
If, at any time after the transfer of responsibility, it appears to the relevant

Minister appropriate to do so in order that effect may be given to the

international arrangements in accordance with which the transfer took

place, the relevant Minister may give a direction—

(a)
varying the order referred to in subsection (2); or

(b)
providing for the order to cease to have effect.

(4)
In subsection (3) “relevant Minister” means—

(a)
the Scottish Ministers, where Scotland is the part of the United

Kingdom in which the order referred to in subsection (2) has

effect; and

(b)
the Secretary of State in any other case.

(5)
The power by direction under subsection (3) to vary the order referred to

in subsection (2) includes power by direction—

(a)
to provide for how any period during which the detention and

release of the relevant person is, by virtue of a warrant under

section 4A, the responsibility of a country or territory outside the

United Kingdom is to be treated for the purposes of the order;

and

(b)
to provide for the relevant person to be treated as having been

released or discharged as mentioned in any paragraph of section

2(4)(b).

(6)
Except in relation to any period during which a restriction order is in

force in respect of the relevant person, subsection (2) shall not apply in

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Criminal Justice and Immigration Bill, continued

relation to a hospital order; and, accordingly, a hospital order shall cease

to have effect in relation to that person—

(a)
at the time of the transfer of responsibility, if no restriction order

is in force in respect of him at that time; and

(b)
if at that time a restriction order is in force in respect of him, as

soon after the transfer of responsibility as the restriction order

ceases to have effect.

(7)
In subsection (6) “hospital order” and “restriction order” have the same

meaning as in section 2(6).

(8)
References in this section to the order by virtue of which a person is

required to be detained at the time a warrant under section 4A is issued

in respect of him include references to any order by virtue of which he is

required to be detained after the order by virtue of which he is required

to be detained at that time ceases to have effect.

4C
Transfer of responsibility to the United Kingdom

(1)
The effect of a warrant under section 4A relating to a person to whom

subsection (3) of that section applies shall be to transfer responsibility for

the detention and release of that person to the relevant Minister (as

defined in section 4A(10)) and to authorise—

(a)
the taking of that person in custody to such place in any part of

the United Kingdom as may be specified in the warrant, being a

place at which effect may be given to the provisions contained in

the warrant by virtue of paragraph (b); and

(b)
the detention of that person in any part of the United Kingdom in

accordance with such provisions as may be contained in the

warrant, being provisions appearing to the relevant Minister to

be appropriate for giving effect to the international arrangements

in accordance with which responsibility for that person is

transferred.

(2)
A provision shall not be contained by virtue of subsection (1)(b) in a

warrant under section 4A unless it satisfies the following two conditions,

that is to say—

(a)
it is a provision with respect to the detention of a person in a

prison, a hospital or any other institution; and

(b)
it is a provision which at the time the warrant is issued may be

contained in an order made either—

(i)
in the course of the exercise of its criminal jurisdiction

by a court in the part of the United Kingdom in which the

person is to be detained; or

(ii)
otherwise than by a court but for the purpose of giving

effect to an order made as mentioned in sub-paragraph

(i).

(3)
Section 3(3) applies for determining for the purposes of paragraph (b) of

subsection (1) above what provisions are appropriate for giving effect to

the international arrangements mentioned in that paragraph in a relevant

person’s case as it applies for the purposes of section 3(1)(c) in the case

of a prisoner who is to be transferred into the United Kingdom.

(4)
Subject to subsection (6) and Part 2 of the Schedule to this Act, a

provision contained by virtue of subsection (1)(b) in a warrant under

section 4A shall for all purposes have the same effect as the same

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provision contained in an order made as mentioned in sub-paragraph (i)

or, as the case may be, sub-paragraph (ii) of subsection (2)(b).

(5)
A provision contained by virtue of subsection (1)(b) in a warrant under

section 4A shall take effect with the delivery of the relevant person to the

place specified in the warrant for the purposes of subsection (1)(a).

(6)
Subsection (4) shall not confer any right of appeal on the relevant person

against provisions contained by virtue of subsection (1)(b) in a warrant

under this section.

(7)
Part 2 of the Schedule to this Act shall have effect with respect to the

operation of certain enactments in relation to provisions contained by

virtue of subsection (1)(b) in a warrant under section 4A.

(8)
For the purposes of determining whether at any particular time any such

order as is mentioned in subsection (2)(b) could have been made as so

mentioned, there shall be disregarded both—

(a)
any requirement that certain conditions must be satisfied before

the order is made; and

(b)
any restriction on the minimum period in respect of which the

order may be made.”’.

Powers to arrest and detain persons believed to fall within section 4A(3) of the

Repatriation of Prisoners Act 1984

Secretary Jack Straw

NC23

To move the following Clause:—

‘After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by

section (Issue of warrant transferring responsibility for detention and release of

an offender to or from the relevant Minister)) insert—

“Persons believed to fall within section 4A(3): powers of arrest and detention

4D
Arrest and detention with a view to establishing whether a person falls

within section 4A(3) etc.

(1)
The Secretary of State or the Scottish Ministers may issue a certificate

stating that the issuing authority—

(a)
considers that there are reasonable grounds for believing that a

person in the United Kingdom is a person falling within section

4A(3), and

(b)
has requested written confirmation from the country or territory

concerned of the details of that person’s case.

(2)
The issuing authority may send the certificate (with any other documents

appearing to the authority to be relevant) to the appropriate judge with a

view to obtaining the issue of a warrant under subsection (3).

Consideration of Bill: 9th January 2008
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(3)
The appropriate judge may, on receiving the certificate, issue a warrant

for the arrest of the person concerned if the judge is satisfied that there

are reasonable grounds for believing that the person falls within section

4A(3).

(4)
The warrant may be executed anywhere in the United Kingdom by any

designated person (and it is immaterial whether or not he is in possession

of the warrant or a copy of it).

(5)
A person arrested under this section shall, as soon as is practicable—

(a)
be given a copy of the warrant for his arrest; and

(b)
be brought before the appropriate judge.

(6)
The appropriate judge may order that a person before him who is the

subject of a certificate under this section is to be detained from the time

the order is made until the end of the period of seven days beginning with

the day after that on which the order is made.

(7)
The purpose of an order under subsection (6) is to secure the detention of

the person concerned while—

(a)
written confirmation is obtained from a representative of the

country or territory concerned of the details of his case;

(b)
it is established whether he is a person falling within section

4A(3); and

(c)
any application for an order under section 4E(6) is made in

respect of him.

(8)
Subject to subsection (9), a person detained under such an order may be

released at any time during the period mentioned in subsection (6) and

shall be released at the end of that period (if not released sooner).

(9)
Subsection (8) ceases to apply to the detained person if, during that

period, an order under section 4E is made in respect of him.

(10)
It is immaterial for the purposes of subsection (6) whether or not the

person concerned has previously been arrested under this section.

4E
Arrest and detention with a view to determining whether to issue a

warrant under section 4A

(1)
The Secretary of State or the Scottish Ministers may issue a certificate

stating that the issuing authority—

(a)
considers that a person in the United Kingdom is a person falling

within section 4A(3), and

(b)
has received written confirmation from a representative of the

country or territory concerned of the details of that person’s case;


and it is immaterial for the purposes of this section whether or not the

person concerned has been previously arrested or detained under section

4D.

(2)
The issuing authority may send the certificate (with a copy of the written

confirmation mentioned in subsection (1)(b) and any other documents

appearing to that authority to be relevant) to the appropriate judge with a

view to obtaining the issue of a warrant under subsection (3).