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

“(1A)
When considering whether to consent to a prosecution under subsection

(1) the Attorney General must have particular regard to the importance of

the right to freedom of expression provided by the European Convention

on Human Rights.”’.

Jim Dobbin

Miss Ann Widdecombe

Mr Alan Beith

David Taylor

Mr Philip Hollobone

Mr Colin Breed

Total signatories: 18

Mr Roger Gale

Andrew Selous

Jim Dobbin

Bob Spink

1

Page  234,  line  26  [Schedule  22],  at end insert—

‘13A
After section 29J insert—

“29JA
Protection of freedom of expression (sexual orientation)

Nothing in this Part shall be read or given effect in a way which

prohibits or restricts discussion of, criticism of or expressions of

antipathy towards, conduct relating to a particular sexual orientation,

or urging persons of a particular sexual orientation to refrain from or

modify conduct related to that orientation.”.’.

Mr David Heath

David Howarth

Jenny Willott

215

Page  234,  line  26  [Schedule  22],  at end insert—

‘13A
After subsection 29I insert—

“29IA
European Convention on Human Rights

Unless expressly limited by any provision within this Part, no right

under Article 10 of the European Convention on Human Rights shall

be affected.”’.

Secretary Jack Straw

108

Page  242,  line  20  [Schedule  23],  leave out ‘, the Isle of Man’.

Secretary Jack Straw

65

Page  245,  line  8  [Schedule  24],  after ‘person’ insert ‘required to pay the financial

penalty’.

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

Secretary Jack Straw

66

Page  245,  line  22  [Schedule  25],  leave out ‘offender’ and insert ‘liable person’.

Secretary Jack Straw

67

Page  245,  line  25  [Schedule  25],  leave out ‘offender’ and insert ‘liable person’.

Secretary Jack Straw

68

Page  246,  line  3  [Schedule  25],  leave out from ‘conduct’ to end of line 4 and insert

‘by a person who was under the age of 10 when the conduct took place.’.

Secretary Jack Straw

69

Page  246,  line  7  [Schedule  25],  leave out ‘offender’ and insert ‘liable person’.

Secretary Jack Straw

70

Page  246,  line  11  [Schedule  25],  leave out first ‘offender’ and insert ‘liable

person’.

Secretary Jack Straw

70A

Page  246,  line  11  [Schedule  25],  leave out second ‘offender’ and insert ‘liable

person’.

Secretary Jack Straw

71

Page  246,  line  14  [Schedule  25],  leave out sub-paragraph (2) and insert—

‘(2)
For the purposes of sub-paragraph (1), if the amount of a financial penalty is

specified in a currency other than the euro, that amount must be converted to

euros by reference to the London closing exchange rate on the date the decision

was made.’.

Secretary Jack Straw

72

Page  246,  line  19  [Schedule  25],  leave out ‘sub-paragraphs (1) and (2)’ and insert

‘sub-paragraph (1)’.

Secretary Jack Straw

73

Page  247,  line  33  [Schedule  25],  at end insert—

‘( )
“conduct” includes any act or omission;’.

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

Secretary Jack Straw

74

Page  247,  line  36  [Schedule  25],  leave out paragraph (b) and insert—

‘(b)
“liable person” means the person required to pay the financial penalty to

which the certificate relates.’.

Secretary Jack Straw

75

Page  247,  line  36  [Schedule  25],  at end insert—

    ‘( )
If the decision was made in respect of conduct by a person other than the liable

person, the references in paragraph 6 to the liable person are to be read as

references to that other person.’.

Mr David Heath

David Howarth

Jenny Willott

216

Page  250,  line  16  [Schedule  26],  at end insert—

‘(d)
the making of the order is not a disproportionate response to the

disorder or nuisance caused;

(e)
the making of the order will not cause unnecessary hardship or

suffering to the families of those against whom the order is made;

(f)
appropriate steps have previously been taken to address the disorder or

nuisance without success.’.

Mr David Heath

David Howarth

Jenny Willott

217

Page  250,  line  35  [Schedule  26],  at end insert—

  ‘(10)
No closure order shall be made unless the magistrates’ court is satisfied that

appropriate arrangements have been made by the local authority for alternative

accommodation and support for those affected by it.’.

Secretary Jack Straw

109

Page  262,  line  40  [Schedule  28],  leave out ‘and’.

Secretary Jack Straw

110

Page  262,  line  41  [Schedule  28],  at end insert ‘and

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

(e)
persons employed by a police authority who are under the

direction and control of the chief officer of police of the police

force maintained by that authority.’.

Secretary Jack Straw

76

Page  286,  line  33  [Schedule  32],  at end insert—

‘Bail Act 1976

4A
In section 4 of the Bail Act 1976 (c. 63) (general right to bail of accused

persons), in subsection (3) after paragraph (b) insert “, or

(c)
the Schedule to the Street Offences Act 1959 (breach of orders

under section 1(2A) of that Act).” ’.

Secretary Jack Straw

146

Page  287,  line  8  [Schedule  32],  at end insert—

‘Repatriation of Prisoners Act 1984 (c. 47)

6A
The Repatriation of Prisoners Act 1984 has effect subject to the following

amendments.

6B
Before section 1 insert—

“Transfer of prisoners to or from the United Kingdom”

6C  (1)
Section 1 (issue of warrant for transfer) is amended as follows.

      (2)
In subsections (2) and (3) for “warrant under this Act” substitute “warrant

under this section”.

      (3)
In subsection (4)—

(a)
for “warrant under this Act” (in both places) substitute “warrant under

this section”;

(b)
in paragraph (b) omit the words “under this Act”.

      (4)
In subsection (5) (as it applies in cases in which the relevant Minister is the

Scottish Ministers and in cases in which the relevant Minister is the Secretary

of State) for “warrant under this Act” substitute “warrant under this section”.

      (5)
In subsection (6) after “warrant” (in the first place it appears) insert “under this

section”.

      (6)
In subsection (7)(b) after “under” insert “any of”.

      (7)
In subsection (8)—

(a)
after “similar to” insert “any of”;

(b)
after “respect to” insert “—

(a)
”; and

(c)
at the end insert “; or

(b)
the transfer between different countries and territories

(or different parts of a country or territory) of

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

responsibility for the detention and release of persons

who are required to be so detained in one of those

countries or territories (or parts of a country or

territory) but are present in the other country or

territory (or part of a country or territory).”

6D  (1)
Section 2 (transfer out of the United Kingdom) is amended as follows.

      (2)
In subsection (1) after “warrant” insert “under section 1”.

      (3)
In subsection (4)—

(a)
in paragraph (a) for “warrant under this Act” substitute “warrant under

section 1”; and

(b)
in paragraph (b)(i) after “33(1)(b)” insert “, (1A)”.

      (4)
In subsection (7) for “warrant under this Act” substitute “warrant under section

1”.

6E  (1)
Section 3 (transfer into the United Kingdom) is amended as follows.

      (2)
In subsection (1), after “a warrant” insert “under section 1”.

      (3)
In subsections (2), (4) and (6), for “warrant under this Act” substitute “warrant

under section 1”.

      (4)
In subsection (7)—

(a)
at the beginning insert “Part 1 of”; and

(b)
for “warrant under this Act” substitute “warrant under section 1”.

      (5)
Subsection (10) is omitted.

6F  (1)
Section 4 (temporary return) is amended as follows

      (2)
In subsection (1)—

(a)
for “warrant under this Act” substitute “warrant under section 1”;

(b)
in paragraph (a), after “Kingdom” (in the second place it appears)

insert “, or from which responsibility for his detention and release has

previously been transferred to the United Kingdom,”;

(c)
in paragraph (b), after “transferred” insert “, or to which responsibility

for his detention and release has previously been transferred,”.

      (3)
In subsection (2)—

(a)
for “a warrant under this Act” substitute “a warrant under section 1”;

(b)
for “earlier warrant under this Act” substitute “earlier warrant under

section 1 or section 4A”.

      (4)
In subsection (3)—

(a)
for “issued under this Act” substitute “issued under section 1”;

(b)
after “an earlier warrant” insert “under section 1 or section 4A”;

      (5)
In subsection (4) for “warrant under this Act” substitute “warrant under section

1”.

      (6)
After subsection (5) insert—

“(6)
Any reference in subsection (5)(a) to the prisoner having previously

been transferred into or from Scotland includes a reference to

responsibility for his detention and release having previously been

transferred to or from the Scottish Ministers (as the case may be).”.

6G
Before section 5 (operation of warrant and retaking prisoners) insert—

“Supplementary and general provisions”

6H  (1)
Section 5 (operation of warrant and retaking prisoners) is amended as follows.

      (2)
In subsection (1)—

(a)
for “under this Act” substitute “under section 1”; and

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

(b)
after “this section” insert “(apart from subsection (9))”.

      (3)
After subsection (8) insert—

“(9)
Where—

(a)
a warrant under section 4A has been issued, and

(b)
the relevant person is a person to whom subsection (3) of that

section applies,


subsections (2) to (8) above apply for the purposes of that warrant (but

with the modifications contained in subsection (10)), except (without

prejudice to section 4C(4) or any enactment contained otherwise than

in this Act) in relation to any time when the relevant person is required

to be detained in accordance with provisions contained in the warrant

by virtue of section 4C(1)(b).

(10)
In their application for the purposes of a warrant under section 4A

those subsections shall have effect as if—

(a)
any reference to the warrant under section 1 (however

expressed) were a reference to the warrant under section 4A;

(b)
any reference to the prisoner were a reference to the relevant

person;

(c)
in subsection (4)—

(i)
in paragraph (a) for “that person” there were

substituted “the authorised person”; and

(ii)
paragraph (b) were omitted; and

(d)
in subsection (8)(a) for “transfer of a prisoner to or from

Scotland” there were substituted “transfer of responsibility for

the detention and release of the relevant person to the Scottish

Ministers”.

6I  (1)
Section 6 (revocation etc. of warrants) is amended as follows.

      (2)
In subsection (1)—

(a)
for “warrant under this Act” (in the first place they appear) substitute

“warrant under section 1”;

(b)
in paragraph (b) for “this Act” substitute “that section”.

      (3)
After subsection (1) insert—

“(1A)
Subject to section 4A(8), if at any time it appears to the relevant

Minister appropriate, in order that effect may be given to any such

arrangements as are mentioned in section 4A(5)(a) for a warrant under

section 4A to be revoked or varied, he may as the case may require—

(a)
revoke that warrant; or

(b)
revoke that warrant and issue a new warrant under section 4A

containing provision superseding some or all of the provisions

of the previous warrant.”

      (4)
In subsections (2) and (3) after “subsection (1)(b)” insert “or (1A)(b)”.

      (5)
In subsection (5)(a), for the words from “where” to the end substitute “in a case

where—

(i)
the warrant was issued under section 1 and provides

for the transfer of the prisoner to or from Scotland; or

(ii)
the warrant was issued under section 4A and provides

for the transfer of responsibility for the detention and

release of the relevant person to those Ministers;”.

6J  (1)
Section 8 is amended as follows.

      (2)
In subsection (1) after the definition of “the prisoner” insert “; and