House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 9th January 2008
259

Criminal Justice and Immigration Bill, continued

(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 that person 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, on the application of the Secretary of State

or the Scottish Ministers, order that a person before the judge who—

(a)
is the subject of a certificate under this section, and

(b)
the judge is satisfied is a person falling within section 4A(3),


shall be detained from the time the order is made until the end of the

period of fourteen 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 until—

(a)
it is determined whether to issue a warrant under section 4A; and

(b)
if so determined, such a warrant is issued.

(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, a warrant under section 4A is issued in respect of him.

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

person concerned has previously been arrested or detained under section

4D or arrested under this section.

4F
Sections 4D and 4E: supplementary provisions

(1)
This section has effect for the purposes of sections 4D and 4E.

(2)
A “designated person” is a person designated by the Secretary of State or

the Scottish Ministers.

(3)
The appropriate judge is—

(a)
in England and Wales, any District Judge (Magistrates’ Courts)

who is designated for those purposes by the Lord Chief Justice

after consulting the Lord Chancellor;

(b)
in Scotland, the sheriff of Lothian and Borders; and

(c)
in Northern Ireland, any county court judge or resident

magistrate who is designated for those purposes by the Lord

Chief Justice of Northern Ireland after consulting the Lord

Chancellor.

Consideration of Bill: 9th January 2008
260

Criminal Justice and Immigration Bill, continued

(4)
A designation under subsection (2) or (3)(a) or (c) may be made—

(a)
for the purposes of section 4D or 4E (or both); and

(b)
for all cases or only for cases (or cases of a description) specified

in the designation.

(5)
A designated person shall have all the powers, authority, protection and

privileges of a constable in any part of the United Kingdom in which a

person who may be arrested under section 4D or 4E is for the time

being.”’.

Amendments relating to Scotland

Secretary Jack Straw

nc24

To move the following Clause:—

‘(1)
The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47)

made by section 44(2) and (3) of the Police and Justice Act 2006 (c.48) (which

amend the requirement for the prisoner’s consent to any transfer to or from the

United Kingdom) apply in relation to cases in which the relevant Minister for the

purposes of section 1 is the Scottish Ministers as they apply in other cases.

(2)
In section 2(6) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of

the United Kingdom) in the definition of “hospital order”, after “1986” insert “or

a compulsion order under section 57A of the Criminal Procedure (Scotland) Act

1995”.

(3)
In section 8(1) (interpretation etc.), before the definition of “international

arrangements” insert—

“enactment” includes an enactment comprised in, or in an instrument under,

an Act of the Scottish Parliament.”’.

Consideration of Bill: 9th January 2008
261

Criminal Justice and Immigration Bill, continued

Blasphemy

Dr Evan Harris

Dr Tony Wright

Robert Key

Frank Dobson

Mr David Wilshire

Simon Hughes

Total signatories: 79

Sir Menzies Campbell

Mr Colin Breed

Lynne Featherstone

Mr Don Foster

Mr Crispin Blunt

Mr Frank Field

Mrs Ann Cryer

Kelvin Hopkins

Ms Diane Abbott

Mr David Chaytor

Mr John Leech

Richard Younger-Ross

Sir George Young

Ms Katy Clark

John Bercow

Tom Levitt

Andrew George

Mark Hunter

Mr Laurence Robertson

Norman Baker

Mr Clive Betts

Keith Vaz

Mr Alistair Carmichael

Richard Burden

John Thurso

Mr Desmond Swayne

Tom Brake

Dan Rogerson

Sir Robert Smith

Mr Roger Williams

Graham Stringer

Willie Rennie

Mr Andrew Dismore

Mark Williams

Tim Farron

Tom Levitt

Mr Mike Hancock

Sir Malcolm Rifkind

Mr Andrew Tyrie

Nick Harvey

Mr Jeremy Browne

Bob Russell

Jo Swinson

John Hemming

Mr Michael Mates

Chris McCafferty

Dr John Pugh

Adam Price

Mr Phil Willis

NC1

To move the following Clause:—

‘The offences of blasphemy and blasphemous libel are abolished.’.

Paying for sexual services in zones of safety

Fiona Mactaggart

Barry Gardiner

Mr Denis MacShane

Mr Greg Pope

David Taylor

Mr Mike Hancock

Total signatories: 16

John Austin

Dr Alasdair McDonnell

Miss Anne Widdecombe

Mark Durkan

NC2

To move the following Clause:—

‘(1)
A local authority may designate any part of its area as a zone of safety.

(2)
A chief officer of police may, with the approval of the Secretary of State,

designate any area as a zone of safety.

Consideration of Bill: 9th January 2008
262

Criminal Justice and Immigration Bill, continued

(3)
The Secretary of State may approve a designation under subsection (2) if the

Secretary of State is satisfied that the incidence of prostitution in the proposed

zone has contributed to an increase in criminality in the locality.

(4)
It, in a zone of safety, a person (A)—

(a)
intentionally obtains for himself the sexual services of another person

(B), and

(b)
before obtaining those services, has made or promised payment for those

services to B or a third person, or knows that another person has made or

promised such a payment,

the local authority or the chief officer of police may apply to a magistrates’ court

for an order forbidding A from doing those things again anywhere.

(5)
In subsection (4)(b) “payment” means any financial advantage, including the

discharge of an obligation to pay or the provision of goods and services (including

sexual services) gratuitously or at a discount.

(6)
The Secretary of State may by regulations made such supplementary provision

about orders under subsection (4) as the Secretary of State considers appropriate.

(7)
Regulations under subsection (6) are to be made by statutory instrument and are

subject to annulment in pursuance of a resolution of either House of Parliament.

(8)
A person who is the subject of an order under subsection (4) and who fails to

comply with the terms of that order is guilty of an offence and is liable on

summary conviction to a fine not exceeding level 3 on the standard scale or to a

community punishment order or to both.’.

Sentences of imprisonment

Philip Davies

Mr Nigel Evans

Sammy Wilson

Mr Peter Bone

Mr Brian Binley

NC7

To move the following Clause:—

‘(1)
A person sentenced by a court to a term of imprisonment shall serve that sentence

in full with no remission.

(2)
The court may, on the application of the prison governor, extend the duration of

a term of imprisonment if the prisoner has behaved inappropriately while in

prison.

(3)
Part II of the Criminal Justice Act 1991 (c. 53) (early release of prisoners) shall

cease to have effect.’.

Consideration of Bill: 9th January 2008
263

Criminal Justice and Immigration Bill, continued

Extension of a referral order

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

nc10

To move the following Clause:—

‘(1)
Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended

as follows.

(2)
In paragraph 5(1) for “power” substitute “powers”.

(3)
For paragraph 5(2) substitute—

“(2)
Those powers are the powers to revoke the referral order (or each of the

referral orders) or extend it by up to 3 months.”.

(4)
In paragraph 5(5) for “so dealing with the offender” substitute “revoking an order

for an offence specified in sub-paragraph (4).”.

(5)
In paragraph 5(6) after “The appropriate court may not exercise the” insert

“revocation”.’.

Extradition

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

nc11

To move the following Clause:—

‘(1)
The Police and Justice Act 2006 (c. 48) is amended as follows.

(2)
For paragraph 6 of Schedule 13 (Amendments to the Extradition Act 2003)

substitute—

“6
Paragraphs 4 and 5 shall come into force on the passing of the

Criminal Justice and Immigration Act 2008.”’.

Increase in maximum term that may be imposed on summary conviction of offence triable

either way

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

nc12

To move the following Clause:—

Consideration of Bill: 9th January 2008
264

Criminal Justice and Immigration Bill, continued

‘Section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term

that may be imposed on summary conviction of offence triable either way) shall

come into force on the passing of this Act.’.

Hatred against persons on transgender grounds

Lynne Jones

NC14

To move the following Clause:—

‘The Public Order Act 1986 (c. 64) is amended in accordance with Schedule

[Hatred against persons on transgender grounds] to this Act, which creates

offences involving stirring up hatred against persons on transgender grounds.’.

Increase in sentences for aggravation related to transgender

Lynne Jones

NC15

To move the following Clause:—

‘The Criminal Justice Act 2003 (c. 44) is amended in accordance with Schedule

[Increases in sentences for aggravation related to transgender] to this Act, which

creates increased tariffs where offences are on transgender grounds.’.

Amendment of Police and Criminal Evidence Act 1984

Lynne Jones

NC16

To move the following Clause:—

‘In section 24A of the Police and Criminal Evidence Act 1984 (c. 60) (arrest

without warrant by persons other than constables) in subsection (5) leave out

from ‘or’ to end and insert ‘, 3A or 3B of the Public Order Act 1986.’.

Consideration of Bill: 9th January 2008
265

Criminal Justice and Immigration Bill, continued

Penalty and restorative justice notices for graffiti and fly-posting

James Duddridge

John Hemming

Lynne Jones

nc17

To move the following Clause:—

‘(1)
The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.

(2)
For section 43(1) substitute—

“(1)
Where an authorised officer of a local authority has reason to believe that

a person has committed a relevant offence in the area of that authority, he

must (unless subsection (2) or (3) applies) give that person a notice

offering him the opportunity of discharging any liability to conviction for

that offence by—

(a)
payment of a penalty in accordance with the notice, and

(b)
compliance with the requirements of section 43C (restorative

justice requirements) in relation to the offence.”

(3)
In section 43(2) omit “But”.

(4)
After section 43B insert—

“43C
Restorative justice requirements

(1)
If an authorised officer of a local authority has given a person a notice

under section 43(1), he must give that person a notice under this

subsection specifying the restorative justice requirements with which the

person must comply in relation to the offence.

(2)
Those requirements are that the person must—

(a)
clean up the damage caused by the relevant offence (or by a

similar offence), and

(b)
meet the victim of the relevant offence (or of a similar offence).

(3)
A notice under subsection (1) must be given within a reasonable period

after the giving of the notice under section 43(1).

(4)
A person commits an offence if he fails to comply with the requirements

of subsection (2) within 14 days or such longer period as may be

specified in the notice under subsection (1).

(5)
A person guilty of an offence under subsection (4) is liable on summary

conviction to a fine not exceeding £500.

(6)
A person shall not be guilty of an offence under subsection (4) if he has

failed to comply with subsection (2) only as the result of the refusal of the

victim to meet him.”

(5)
After section 43C (inserted by subsection (4) above) insert—

“43D
Offence not to be included in criminal record if notices complied with

If a person has complied with the requirements of a penalty and

restorative justice notice, no entry relating to the relevant offence wihich

gave rise to the notice shall be made on the person’s criminal record.”

(6)
In consequence of the amendments made by this section—

(a)
the heading to section 43 becomes “Penalty and restorative justice

notices for graffiti and fly-posting”, and