House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 9th January 2008
103

Criminal Justice and Immigration Bill, continued

Secretary Jack Straw

Agreed to  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

Not selected  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

Not selected  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

Agreed to  109

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

Secretary Jack Straw

Agreed to  110

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

(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

Agreed to  76

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

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

‘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

Agreed to  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

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

Report Stage Proceedings: 9th January 2008
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(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

(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

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

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

“the relevant person” has the meaning given by section 4A(5)(b).”

      (3)
In subsection (3)—

(a)
in paragraph (a) after “section 1(1)(a)” insert “or 4A(5)(a)”;

(b)
in paragraph (b) for “such a party” substitute “a party to such

international arrangements as are mentioned in section 1(1)(a)”;

(c)
after paragraph (b) (but before the “or” after that paragraph) insert—

“(ba)
that the appropriate authority of a country or territory

which is a party to such international arrangements as

are mentioned in section 4A(5)(a) has agreed to the

transfer of responsibility for the detention and release

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

of a particular person in accordance with those

arrangements;”.

6K  (1)
The Schedule (operation of certain enactments in relation to the prisoner) is

amended as follows.

      (2)
For the cross-heading before paragraph 1 substitute—

“Part 1

Warrants under section 1

Application of Part 1”.

      (3)
In paragraph 1—

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

(b)
after “under” insert “section 1 of”.

      (4)
After paragraph 8 insert—

“Part 2

Warrants under section 4A transferring responsibility to the

relevant minister

9
This Part of this Schedule applies where a warrant is issued under

section 4A providing for the transfer of responsibility for the

detention and release of the relevant person to the relevant Minister

(within the meaning of that section).

10
Paragraphs 2 to 8 above apply as they apply where a warrant is

issued under section 1, but with the following modifications.

11
Any reference to “the relevant provisions” is to be read as a

reference to the provisions contained in the warrant by virtue of

section 4C(1)(b).

12  (1)
Any reference to the prisoner is to be read as a reference to the

relevant person.

      (2)
Sub-paragraph (1) does not apply to the words “a short-term or

long-term prisoner” in paragraph 2(3) (as it applies in Scotland to

repatriated prisoners sentenced on or after 1 October 1993).

13
In paragraph 2 (as it applies in Scotland to repatriated prisoners

sentenced on or after 1 October 1993) the reference to prisoners

repatriated to Scotland is to be read as a reference to any relevant

person sentenced on or after 1 October 1993 in whose case the

warrant under section 4A transfers responsibility for his detention

and release to the Scottish Ministers.

14
The reference in paragraph 7 to the time of the prisoner’s transfer

into the United Kingdom is to be read as a reference to the time at

which the warrant under section 4A was issued.”’.

Secretary Jack Straw

Agreed to  147

Page  287,  line  37  [Schedule  32],  at end insert—

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

‘Criminal Justice (International Co-operation) Act 1990 (c. 5)

10A
In section 6(7) of the Criminal Justice (International Co-operation) Act 1990

(transfer of overseas prisoner to give evidence or assist investigation in the

United Kingdom), for the words from “having been” to the end of paragraph

(b) substitute “—

(c)
having been transferred there, or responsibility for his

detention and release having been transferred there, from the

United Kingdom under the Repatriation of Prisoners Act

1984;

(d)
having been transferred there, or responsibility for his

detention and release having been transferred there, under any

similar provision or arrangement from any other country or

territory,”.’.

Secretary Jack Straw

Agreed to  148

Page  288,  line  17  [Schedule  32],  at end insert—

‘Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

12A
In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993

(life prisoners transferred to Scotland), after subsection (4) insert—

“(4A)
The reference in subsection (4)(b) above to a person who has been

transferred to Scotland in pursuance of a warrant under the

Repatriation of Prisoners Act 1984 includes a reference to a person

who is detained in Scotland in pursuance of a warrant issued by the

Scottish Ministers under section 4A of that Act (warrant transferring

responsibility for detention and release of offender) (referred to in

subsection (4B) below as “a relevant person)”.

(4B)
Such a person is to be taken to have been transferred when the warrant

under section 4A of that Act was issued in respect of that person.”’.

Secretary Jack Straw

Agreed to  111

Page  289,  line  42  [Schedule  32],  at end insert—

‘20A
In section 24(5)(a) (first meeting: duration of contract), after “under

paragraph” insert “9ZD,”.

20B
In section 28(a) (offender etc. referred back to court), for “Part I” substitute

“Parts 1 and 1ZA”.’.

Report Stage Proceedings: 9th January 2008
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Criminal Justice and Immigration Bill, continued

Secretary Jack Straw

Agreed to  112

Page  290,  line  4  [Schedule  32],  at end insert—

‘22D (1)
Schedule 1 (youth offender panels: further court proceedings) is amended as

follows.

      (2)
In the heading for Part 1, at the end insert “: REVOCATION OF REFERRAL

ORDER”.

      (3)
In paragraphs 5(3), 9 and 14(2)(b), after “under paragraph” insert “9ZD,”.’.

Secretary Jack Straw

Agreed to  149

Page  290,  line  11  [Schedule  32],  at end insert—

‘Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)

23A
In Article 10 of the Life Sentences (Northern Ireland) Order 2001 life prisoners

transferred to Northern Ireland), after paragraph (5) insert—

“(6)
The reference in paragraph (4)(b) to a person transferred to Northern

Ireland in pursuance of a warrant under the Repatriation of Prisoners

Act 1984 includes a person who is detained in Northern Ireland in

pursuance of a warrant under section 4A of that Act (warrant

transferring responsibility for detention and release of offender).”’.

Secretary Jack Straw

Agreed to  150

Page  290,  line  11  [Schedule  32],  at end insert—

‘Crime (International Co-operation) Act 2003 (c. 32)

23B
In section 48(2)(b) of the Crime (International Co-operation) Act 2003

(transfer of EU etc prisoner to assist UK investigation), for the words from

“having been” to the end of paragraph (b) substitute “—

(a)
having been transferred there, or responsibility for his

detention and release having been transferred there, from the

United Kingdom under the Repatriation of Prisoners Act

1984;

(b)
having been transferred there, or responsibility for his

detention and release having been transferred there, under any

similar provision or arrangement from any other country or

territory.”’.

Secretary Jack Straw

Agreed to  151

Page  291,  line  32  [Schedule  32],  at end insert—

‘32I
In section 273 (life prisoners transferred to England and Wales), after

subsection (4) insert—

“(5)
The reference in subsection (2)(b) above to a person who has been

transferred to England and Wales in pursuance of a warrant issued

under the Repatriation of Prisoners Act 1984 includes a reference to a

person who is detained in England and Wales in pursuance of a