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Report Stage Proceedings: 9th January 2008              

57

 

Criminal Justice and Immigration Bill, continued

 
 

(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.

 

(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


 
 

Report Stage Proceedings: 9th January 2008              

58

 

Criminal Justice and Immigration Bill, continued

 
 

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

 

being.”’.

 


 

Amendments relating to Scotland

 

Secretary Jack Straw

 

Added  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.”’.

 


 

Blasphemy

 

Dr Evan Harris

 

Dr Tony Wright

 

Robert Key

 

Frank Dobson

 

Mr David Wilshire

 

Simon Hughes

 

Withdrawn  NC1

 

To move the following Clause:—

 

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

 



 
 

Report Stage Proceedings: 9th January 2008              

59

 

Criminal Justice and Immigration Bill, continued

 
 

Paying for sexual services in zones of safety

 

Fiona Mactaggart

 

Barry Gardiner

 

Mr Denis MacShane

 

Mr Greg Pope

 

David Taylor

 

Mr Mike Hancock

 

Not called  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.

 

(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

 

Not selected  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.


 
 

Report Stage Proceedings: 9th January 2008              

60

 

Criminal Justice and Immigration Bill, continued

 
 

(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.’.

 


 

Extension of a referral order

 

Mr Nick Herbert

 

Mr Edward Garnier

 

Mr David Burrowes

 

Mr Nick Hurd

 

Not called  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

 

Not selected  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.”’.

 



 
 

Report Stage Proceedings: 9th January 2008              

61

 

Criminal Justice and Immigration Bill, continued

 
 

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

 

Not called  nc12

 

To move the following Clause:—

 

‘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.’.

 


 

Definition of a brothel used for prostitution

 

Lynne Jones

 

Not called  nc13

 

To move the following Clause:—

 

‘(1)    

The Sexual Offences Act 1956 (c. 69) is amended as follows.

 

(2)    

After section 33A insert—

 

“33B  

Definition of a brothel used for prostitution

 

(1)    

Premises shall not be regarded as a brothel where—

 

(a)    

no more than two women with or without a maid are working

 

either together or separately on any given day, and

 

(b)    

it is a single enterprise.

 

(2)    

Subsection (1) does not apply in the following situations where there is

 

reasonable suspicion that—

 

(a)    

children are involved;

 

(b)    

trafficking in persons is involved;

 

(c)    

serious and organised crime is involved;

 

(d)    

known drug dealing is taking place.”’.

 


 

Hatred against persons on transgender grounds

 

Lynne Jones

 

Not called  NC14

 

To move the following Clause:—


 
 

Report Stage Proceedings: 9th January 2008              

62

 

Criminal Justice and Immigration Bill, continued

 
 

‘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

 

Not called  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

 

Not called  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.’.

 


 

Penalty and restorative justice notices for graffiti and fly-posting

 

James Duddridge

 

John Hemming

 

Lynne Jones

 

Not called  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.”


 
 

Report Stage Proceedings: 9th January 2008              

63

 

Criminal Justice and Immigration Bill, continued

 
 

(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

 

(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

 

Not called  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.


 
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