House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 9th January 2008
266

Criminal Justice and Immigration Bill, continued

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

notices: power to require name and address”.’.

Anti-social behaviour orders (persons under 18)

John McDonnell

Mr Neil Gerrard

Mr Elfyn Llwyd

Hywel Williams

Alan Simpson

Dr Ian Gibson

nc18

To move the following Clause:—

‘(1)
Section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour

orders) is amended as follows.

(2)
After subsection (5) insert—

“(5A)
The court may not make an anti-social behaviour order in respect of any

person under the age of 18 years unless that person’s anti-social acts were

committed jointly with an adult.”.’.

Encryption (penalties)

Sir Paul Beresford

Nick Herbert

Mr Dominic Grieve

Mr Edward Garnier

nc19

To move the following Clause:—

‘(1)
In the Regulation of Investigatory Powers Act 2000 (c. 23) in section 53(5A) after

paragraph (a) insert—

“(aa)
where subsection 5C applies, five years; and”.

(2)
In the Regulation of Investigatory Powers Act 2000 (c. 23) after section 53(5B)

insert—

“(5C)
This section applies where—

(a)
the offender has been previously convicted of an offence relating

to an indecent photograph of a child, or

(b)
where an indecent photograph of a child has been found in his

possession, or

(c)
where the court is satisfied that it is more likely than not that the

protected information may contain an indecent photograph of a

child.

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

(5D)
In subsection 5C, ‘indecent photograph of a child’ has the same

definition as in sections 1 and 7 of the Protection of Children Act 1978

(c. 37) and includes a reference to a pseudo-photograph of a child.”

(3)
In Schedule 3 of the Sexual Offences Act 2003 (c. 42) after paragraph 35 insert—

“36
An offence under section 53 of the Regulation of Investigatory Powers

Act 2000 (c. 23) where subsection 5C applies.”.’.

Meaning of pseudo-photograph

Sir Paul Beresford

Nick Herbert

Mr Dominic Grieve

Mr Edward Garnier

nc20

To move the following Clause:—

‘Replace section 7(7) of the Protection of Children Act 1978 (c. 37) with the

following—

“(7)
“Pseudo-photograph” means an image produced by any means, and

where the context permits, a three-dimensional image and can include

reference to an imaginary child.”.’.

Amendment of the Tribunals, Courts and Enforcement Act 2007: restriction on

enforcement powers

Mr David Heath

David Howarth

Jenny Willott

NC38

To move the following Clause:—

‘(1)
In Schedule 12 (Taking Control of Goods) of the Tribunals, Courts and

Enforcement Act 2007 the following words are deleted—

(a)
in paragraph 17 (general powers to use reasonable force) the words “or

to do anything for which the entry is authorised”, and

(b)
in paragraph 20(2) (application for power to use reasonable force) the

words “or to do anything for which entry is authorised”.

(2)
In that Schedule the following paragraphs are deleted—

(a)
the whole of paragraph 24(2);

(b)
the whole of paragraph 27(2);

(c)
the whole of paragraph 31(5); and

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

(d)
the whole of paragraph 44(3).’.

Withdrawal of warrants

Mr David Heath

David Howarth

Jenny Willott

NC39

To move the following Clause:—

‘(1)
After section 11 of the Magistrates’ Court Act 1980 (c. 43) insert—

“11A
Withdrawal of warrants

(1)
Where a magistrates’ court has proceeded in the absence of an offender

and the court has imposed a fine following conviction, any warrant to

enforce fine or other financial penalty may be suspended or withdrawn

and the matter returned to the court which convicted the offender.

(2)
Regulations shall be made enabling a court, Her Majesty’s Court Service

or any person employed to enforce a warrant against a convicted person

to suspend or withdraw the warrant and return the matter to the court

which convicted the offender.

(3)
Regulations made under subsection (2) shall include the steps to be taken

in a case where following conviction it is discovered that the convicted

person either falls into a “vulnerable category” for the purposes of page

9 of the National Standards for Enforcement or would fall within the

definition of “vulnerable” within the definition of a designated

vulnerable consumer under the Consumers, Estate Agents and Redress

Act 2007.”’.

Power of court to make a detention and training order

Mr David Heath

David Howarth

Jenny Willott

NC40

To move the following Clause:—

‘In the Powers of Criminal Courts (Sentencing) Act 2000, after section 100(2)(b),

insert—

“(c)
in relation to an offence committed after the commencement of

paragraph 3 of Schedule 1 to the Criminal Justice and Immigration Act

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

2008, unless he has previously received a youth rehabilitation order with

intensive supervision and surveillance under that paragraph.”.’.

Courts to have regard to the welfare of offenders under 18

Mr David Heath

David Howarth

Jenny Willott

Lynne Jones

NC41

To move the following Clause:—

‘(1)
Section 44 of the Children and Young Persons Act 1933 (principles to be

observed by all courts in dealing with children and young persons: general

considerations) is amended as follows.

(2)
After section 44(1) insert—

“(1A)
In complying with their duties under section 44(1) above, courts shall

have regard, in particular in respect of welfare, to the matters set out in

section 1(3) of the Children Act 1989.”’.

Restrictions on custodial sentences for offenders aged under 18

Mr David Heath

David Howarth

Jenny Willott

NC42

To move the following Clause:—

‘(1)
This section applies where a person under the age of 18 years is convicted of an

offence punishable with a custodial sentence other than one—

(a)
fixed by law, or

(b)
falling to be imposed under section 51A(2) of the Firearms Act 1968 or

under sections 226 to 228 of the Criminal Justice Act 2003.

(2)
In the title of section 152 of the Criminal Justice Act 2003 (c. 44) (general

restrictions on imposing discretionary custodial sentences), after “general

restrictions on imposing discretionary custodial sentences” insert “on offenders

aged 18 or above”.

(3)
In section 152(1) of the Criminal Justice Act 2003, after “where a person”, insert

“aged 18 or above”.

(4)
After section 152 of the Criminal Justice Act 2003, insert—

(5)


“152A
Restrictions on custodial sentences for offenders aged under 18

(1)
A court shall only pass a sentence of custody on a person under the age

of 18 as a measure of last resort and where—

Consideration of Bill: 9th January 2008
270

Criminal Justice and Immigration Bill, continued

(a)
the offence committed caused or could reasonably have been

expected to cause serious physical or psychological harm to

another or others, and

(b)
a custodial sentence is necessary to protect the public from the

demonstrable and imminent risk of serious physical or

psychological harm.

(2)
The court shall state in open session its reasons for passing any sentence

of custody under this section.”’.

Unlawful loss of personal data

Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Mrs Eleanor Laing

NC43

To move the following Clause:—

‘(1)
The Data Protection Act 1998 is amended as follows.

(2)
After section 55 insert—

“55A
Unlawful loss of personal data

(1)
A person who knowingly or recklessly causes or allows personal data or

the information contained in personal data to be lost from his control,

where if such data or information were to come into the control of any

person not entitled to it, it would be capable of being disclosed to him,

shall be guilty of an offence.

(2)
Subsection (1) applies to a person who is—

(a)
a Crown servant, or

(b)
a person acting in pursuance of a government contract.”.

(3)
In section 60(4)(a) after “55” insert “55A,”.’.

Compensation for miscarriages of justice: further provisions

Keith Vaz

NC44

To move the following Clause:—

‘(1)
The Criminal Justice Act 1988 (c. 33) is amended as follows.

(2)
In section 133 (compensation for miscarriages of justice)—

(a)
in subsection (4), for the words from “compensation” to the end,

substitute the words “the proposed amount of the compensation shall be

assessed by one of the assessors appointed by the Secretary of State”;

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

(b)
after subsection (4), insert—

“(4ZA)
The Secretary of State shall secure that, at any one time, there are

at least three assessors appointed by him for the purposes of this

section.”;

(c)
in subsection (4A), for the words “the assessor”, substitute the words “the

first assessor”; and

(d)
after subsection (4A), insert—

“(4B)
The Secretary of State shall—

(a)
inform the person entitled to payment in accordance

with the provisions of this section of the proposed

amount, and

(b)
(subject to subsections (4C) to (4D)), pay that person the

proposed amount.

(4C)
Where a person entitled to payment in accordance with the

provisions of this section is informed of the proposed amount in

accordance with the provisions of subsections (4B)(a), he may,

within a period of 28 days beginning with the date on which he

was informed of the proposed amount, exercise his right of

appeal under this section.

(4D)
Where a person exercise his right of appeal under this section,

the amount of the compensation shall be assessed by two

assessors appointed by the Secretary of State acting jointly, and

those assessors shall not include the assessor who assessed the

relevant proposed amount under subsection (4).

(4E)
Subsection (4A) applies to an assessment under subsection (4D)

as it applies to an assessment under subsection (4).”

(3)
In Schedule 12 (assessors of compensation for miscarriages of justice), at the end,

insert—

“8  (1)
This paragraph applies to—

(a)
an assessment under section 133(4), and

(b)
a joint assessment under section 133(4D).

      (2)
Where this paragraph applies, the assessor or (as the case may be) the

assessors acting jointly shall provide the person entitled to payment in

accordance with the provisions of section 133 with an opportunity to

make representations in person to him or them.”’.

Data Protection: additional offences

Mr David Heath

David Howarth

Jenny Willott

nc50

To move the following Clause:—

‘(1)
After section 55 of the Data Protection Act 1998 (c. 29), insert—