House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 9th January 2008
68

Criminal Justice and Immigration Bill, continued

“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

Not called  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”;

(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).

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

(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

Not called  nc50

To move the following Clause:—

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

“55A
Data protection: additional offences

(1)
A data controller must not—

(a)
intentionally or recklessly disclose information contained in

personal data to another person,

(b)
repeatedly and negligently allow information contained in

personal data to be disclosed, or

(c)
intentionally or recklessly fail to comply with duties under

section 4(4).

(2)
Subsection (1)(a) does not apply if the data controller can show that the

disclosure—

(a)
was necessary for the purpose of preventing or detecting crime,

(b)
was required or authorised by or under any enactment, by any

rule of law, or by the order of a court, or

(c)
was justified in the particular circumstances as being in the

public interest.

(3)
This section shall apply whether or not the data controller is—

(a)
a relevant authority under section 29, or

(b)
exercising a relevant function under section 31.

(4)
A data controller who contravenes subsection (1) is guilty of an offence.”

(2)
In section 63 of the Data Protection Act 1998, leave out subsection (5).’.

Report Stage Proceedings: 9th January 2008
70

Criminal Justice and Immigration Bill, continued

Inspections to assess good practice

Mr David Heath

David Howarth

Jenny Willott

Not selected  nc51

To move the following Clause:—

‘(1)
In section 51(7) of the Data Protection Act 1998 (c. 29), leave out “with the

consent of the data controller”.

(2)
After section 51(7), insert—

“(7A)
In assessing any processing of personal data under subsection (7), the

Commissioner may, in the case where the data controller is a government

department or is a person working for or on behalf of a government

department, inspect the practice of the data controller in processing

personal data at any time without prior notice having been given.

(7B)
It shall be the duty of a data controller inspected by the Commissioner

under subsection (7A) to cooperate fully with the Commissioner and to

provide any information on working practices that he reasonably require.

(7C)
Following an inspection under subsection (7A), the Commissioner shall

publish a report and provide a copy to the Secretary of State, who shall

lay it before both Houses of Parliament forthwith.”’.

Secretary Jack Straw

Agreed to  82

Page  2,  line  12  [Clause  1],  leave out ‘and’ and insert—

‘(ma)
an intoxicating substance treatment requirement (see paragraph 23A of

that Schedule), and’.

Secretary Jack Straw

Agreed to  83

Page  5,  line  16  [Clause  7],  at end insert—

‘“intoxicating substance treatment requirement”, in relation to a youth

rehabilitation order, has the meaning given by paragraph 23A of

Schedule 1;’.

Secretary Jack Straw

Agreed to  84

Page  6,  line  41  [Clause  9],  leave out ‘by children and other’ and insert ‘(or re-

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

offending) by’.

Secretary Jack Straw

Agreed to  85

Page  7,  line  44  [Clause  9],  at end insert—

‘(5)
In section 42(1) of that Act (interpretation of Part 3 of Act), after the definition of

“local authority” insert—

““offending” includes re-offending;”.’.

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  121

Page  8,  line  1,  leave out Clause 10.

Mr David Heath

David Howarth

Jenny Willott

Not selected  171

Page  8,  line  1  [Clause  10],  at end insert ‘where a non-custodial sentence is more

appropriate’.

Mr David Heath

David Howarth

Jenny Willott

Not called  172

Page  8,  line  6  [Clause  10],  at end insert ‘unless a non-custodial sentence has been

considered by the court, and the court is satisfied that such a sentence would not be

appropriate in all the circumstances’.

John McDonnell

Mr Neil Gerrard

Mr Elfyn Llwyd

Hywel Williams

Alan Simpson

Dr Ian Gibson

Not called  135

Page  8,  line  16  [Clause  10],  at end insert—

‘(1C)
Where, but for subsection (1A), a suspended sentence might have been imposed,

the court must, except in exceptional circumstances, impose a community

sentence.”.’.

Mr David Heath

David Howarth

Jenny Willott

Not called  173

Page  8,  line  34  [Clause  12],  after ‘below’, insert ‘if the offender is over the age of

Report Stage Proceedings: 9th January 2008
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18 years’.

Secretary Jack Straw

Agreed to  86

Page  8,  line  37  [Clause  12],  after ‘where’ insert ‘the offender was aged 18 or over

when he committed the offence and’.

John McDonnell

Mr Neil Gerrard

Alan Simpson

Dr Ian Gibson

Mr Elfyn Llwyd

Hywel Williams

Not called  134

Page  10,  line  39  [Clause  16],  at end insert—

‘(c)
after subsection (7) insert—

“(8)
A non-dangerous offender may be recalled to prison only if the

supervising officer is of the view, following appropriate

consultation, that there is no alternative.”.’.

Secretary Jack Straw

Agreed to  137

Page  11,  line  21  [Clause  16],  after ‘is’ insert ‘eligible to be considered for

automatic release and is’.

Secretary Jack Straw

Agreed to  138

Page  11,  line  27  [Clause  16],  at end insert ‘or if he is not eligible to be considered

for automatic release by virtue of subsection (2)(b)’.

Secretary Jack Straw

Agreed to  139

Page  12,  line  35  [Clause  16],  after ‘prisoner’ insert—

‘( )
is not eligible to be considered for automatic release by virtue of section

255A(2)(b);’.

Secretary Jack Straw

Agreed to  140

Page  14,  line  15  [Clause  17],  at end insert—

‘( )
The Secretary of State—

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

(a)
where the Board makes a recommendation under subsection (4)(a) for the

person’s immediate release on licence, must give effect to the

recommendation; and

(b)
where the Board fixes a release date under subsection (4)(b), must release

the person on licence on that date.’.

Secretary Jack Straw

Agreed to  14

Page  15,  line  25  [Clause  19],  leave out subsection (8).

Secretary Jack Straw

Agreed to  15

Page  16,  line  3  [Clause  20],  after ‘removal)’ insert ‘—

(c)
for “subsections (2) and (3)” substitute “subsection (2)”,’.

Secretary Jack Straw

Agreed to  16

Page  16,  line  5  [Clause  20],  leave out subsection (5) and insert—

‘(5)
For subsection (2) (conditions relating to time) substitute—

“(2)
Subsection (1) does not apply in relation to a prisoner unless he has

served at least one-half of the requisite custodial period.”

(5A)
Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to

have effect.’.

Secretary Jack Straw

Agreed to  17

Page  16,  line  16  [Clause  20],  at end insert—

‘(6A)
In subsection (6) (order-making powers)—

(a)
in paragraph (a) omit “or (3)(e)”,

(b)
omit paragraph (b), and

(c)
in paragraph (c) for “subsection (2)(b)(ii)” substitute “subsection (2)”.’.

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  129

Page  17,  line  10  [Clause  21],  leave out from ‘occasion’ to end of line 11 and insert

‘; or

(iii)
has previously been referred to a youth offender panel under

section 16 above and a further referral has been recommended

by—

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

(a)
a member of a youth offending team,

(b)
an officer of a local probation team, or

(c)
a social worker of a local authority.’.

Mr David Heath

David Howarth

Jenny Willott

Not called  174

Page  20,  line  19,  leave out Clause 26.

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  126

Page  20,  line  25  [Clause  26],  at end insert ‘and they have a certificate from the trial

judge confirming that the evidence heard by him and the jury was sufficient to prove the

prosecution case and that he had admitted and the jury had considered, and been directed

by him in relation to, the relevance of any evidence of the procedural or other

misconduct.’.

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  127

Page  21  [Clause  26],  leave out line 25 and insert ‘may, as the Court think fit in the

interests of justice in that case, either direct that there be a retrial or that the appellant be

acquitted.”’.

Mr Nick Herbert

Mr Edward Garnier

Mr David Burrowes

Mr Nick Hurd

Not called  128

Page  21,  line  25  [Clause  26],  at end insert ‘, who must initiate or not initiate such

criminal or civil proceedings (or both) as he thinks best suit the justice of the case (taking

into account the impact on the victim of the offence or his family of his decision either to

proceed or not) and which decision either to proceed or not will provide the most suitable

redress to the subject of such misconduct, deter any such misconduct in the future and

restore public confidence in the criminal justice system.”’.