House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

7

Clause 53
38
Page 38, line 2, leave out subsection (1) and insert—

“( )
This Part applies to—

(a)
an offence as to which a court has determined under section 42

(sentences for offences with a terrorist connection: England and

Wales) that the offence has a terrorist connection, and

(b)
an offence in relation to which section 43 applies (sentences for

offences with terrorist connection: Scotland).”
39
Page 38, line 9, after “determination” insert “as is mentioned in subsection (1)(a)”
40
Page 38, line 10, at end insert—

“( )
If the determination is set aside on appeal, the notification requirements are

treated as never having applied to that person in respect of the offence.”
41
Page 38, line 11, leave out subsection (3) and insert—

“(3)
Where an order is made under section 44 removing an offence from the list

in Schedule 3, a person subject to the notification requirements by reason

of that offence being so listed (and who is not otherwise subject to those

requirements) ceases to be subject to them when the order comes into

force.”
Clause 54
42
Leave out Clause 54
Clause 55
43
Page 38, line 32, leave out “one of those listed in section 52” and insert “on the

commencement of this Part within section 52(1) or (2)”
44
Page 38, line 40, leave out “has been released” and insert “is”
45
Page 38, line 40, leave out “whole or” and insert “custodial”
Before Clause 56
46
Insert the following new Clause—

“Persons to whom the notification requirements apply

The notification requirements apply to a person who—

(a)
is aged 16 or over at the time of being dealt with for an offence to

which this Part applies, and

(b)
is made subject in respect of the offence to a sentence or order

within section 56 (sentences or orders triggering notification

requirements).”
Clause 56
47
Page 39, line 18, after “imprisonment” insert “or custody”
48
Page 39, line 19, after “imprisonment” insert “or detention in a young offender

institution”

8
49
Page 39, line 20, after “imprisonment” insert “or detention in a young offender

institution”
50
Page 39, line 22, after “detention” insert “for life or”
51
Page 39, line 38, leave out subsection (2)
52
Page 40, line 3, leave out sub-paragraphs (i) to (viii) and insert—

“(i)
imprisonment or detention in a young offenders institution

for life,

(ii)
imprisonment or detention in a young offenders institution

for a term of 12 months or more,

(iii)
an order for lifelong restriction under section 210F of the

Criminal Procedure (Scotland) Act 1995 (c. 46),

(iv)
detention without limit of time under section 205(2) of that

Act (punishment for murder for offenders under 18), or

(v)
detention for a period of 12 months or more under section

208 of that Act (detention of children convicted on

indictment); or”
53
Page 40, line 34, leave out “13(3) and (4)” and insert “13”
54
Page 40, line 35, at end insert—

“( )
an extended custodial sentence under Article 14(5) of that

Order (offenders under 21 convicted of certain offences),”
55
Page 40, line 43, after “more” insert “(other serious offences committed by a child)”
56
Page 40, line 48, leave out “under a disability” and insert “unfit to be tried”
57
Page 41, line 1, leave out subsection (5) and insert—

“(5)
The references in this section to an offence carrying a maximum term of

imprisonment of 12 months or more—

(a)
are to an offence carrying such a maximum term in the case of a

person who has attained the age of 21 (18 in relation to England and

Wales), and

(b)
include an offence carrying in the case of such a person a maximum

term of life imprisonment and an offence for which in the case of

such a person the sentence is fixed by law as life imprisonment.

(6)
In relation to any time before the coming into force of section 61 of the

Criminal Justice and Court Services Act 2000 (c. 43) subsection (5)(a) above

has effect with the omission of the words “(18 in relation to England and

Wales)”.”
Clause 58
58
Page 42, line 1, at end insert “, or

(d)
detained under the Immigration Acts.”
59
Page 42, line 12, leave out “has been released” and insert “is”
60
Page 42, line 12, leave out “whole or” and insert “custodial”
Clause 59
61
Page 42, line 34, at end insert “, or

9

(d)
from detention under the Immigration Acts,”
62
Page 43, line 7, at end insert “, or

(d)
detained under the Immigration Acts.”
63
Page 43, line 9, leave out “or section 60 (periodic notification)” and insert “, section

60 (periodic notification) or section (Notification on return after absence from UK)

(notification on return after absence from UK).”
Clause 60
64
Page 43, line 18, at end insert “or

( )
section (Notification on return after absence from UK) (notification on

return after absence from UK),”
65
Page 43, line 20, leave out “This” and insert “Subsection (1)”
66
Page 43, line 20, leave out “subsection (1)” and insert “that subsection”
67
Page 43, line 24, at end insert “, or

(d)
detained under the Immigration Acts.”
Clause 61
68
Page 43, line 31, at end insert “, or

( )
section (Notification on return after absence from UK) (notification on

return after absence from UK).”
Clause 62
69
Page 44, line 17, leave out from “court” to end of line 19 and insert “of trial was

situated.”
70
Page 44, line 19, at end insert—

“(1A)
In subsection (1)(c) “the court of trial” means—

(a)
the court by or before which the conviction or finding was made by

virtue of which the notification requirements apply to the person,

or

(b)
if that conviction or finding was one substituted on an appeal or

reference, the court by or before which the proceedings were taken

from which the appeal or reference was brought.”
Clause 64
71
Page 45, line 3, leave out subsections (1) to (3) and insert—

“(1)
The period for which the notification requirements apply is—

(a)
30 years in the case of a person who—

(i)
is aged 18 or over at the time of conviction for the offence,

and

(ii)
receives in respect of the offence a sentence within

subsection (2);

(b)
15 years in the case of a person who—

(i)
is aged 18 or over at the time of conviction for the offence,

and

10

(ii)
receives in respect of the offence a sentence within

subsection (3);

(c)
10 years in any other case.

(2)
The sentences in respect of which a 30 year period applies are—

(a)
in England and Wales—

(i)
imprisonment or custody for life,

(ii)
imprisonment or detention in a young offender institution

for a term of 10 years or more,

(iii)
imprisonment or detention in a young offender institution

for public protection under section 225 of the Criminal

Justice Act 2003 (c. 44),

(iv)
detention during Her Majesty’s pleasure;

(b)
in Scotland—

(i)
imprisonment or detention in a young offenders institution

for life,

(ii)
imprisonment or detention in a young offenders institution

for a term of 10 years or more,

(iii)
an order for lifelong restriction under section 210F of the

Criminal Procedure (Scotland) Act 1995 (c. 46);

(c)
in Northern Ireland—

(i)
imprisonment for life,

(ii)
imprisonment for a term of 10 years or more,

(iii)
an indeterminate custodial sentence under Article 13 of the

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/

1216 (N.I. 1)),

(iv)
an extended custodial sentence for a term of 10 years or

more under Article 14(5) of that Order (offenders under 21

convicted of certain offences),

(v)
detention during the pleasure of the Secretary of State under

Article 45(1) of the Criminal Justice (Children) (Northern

Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)).

(3)
The sentences in respect of which a 15 year period applies are—

(a)
in England and Wales, imprisonment or detention in a young

offender institution for a term of 5 years or more but less than 10

years;

(b)
in Scotland, imprisonment or detention in a young offenders

institution for a term of 5 years or more but less than 10 years;

(c)
in Northern Ireland—

(i)
imprisonment for a term of 5 years or more but less than 10

years,

(ii)
an extended custodial sentence for a term of 5 years or more

but less than 10 years under Article 14(5) of that Order

(offenders under 21 convicted of certain offences).”
72
Page 46, line 10, leave out “insanity,”
73
Page 46, line 28, at end insert “, or

(d)
detained under the Immigration Acts.”
Clause 65
74
Page 46, line 38, after “Kingdom)” insert “, or

11


section (Notification on return after absence from UK) (notification on

return after absence from UK)”
75
Page 46, line 44, after “Kingdom),” insert “or


section (Notification on return after absence from UK) (notification on

return after absence from UK),”
76
Page 47, line 18, after “Kingdom),” insert “or


section (Notification on return after absence from UK) (notification on

return after absence from UK),”
After Clause 65
77
Insert the following new Clause—

“Effect of absence abroad

(1)
If a person to whom the notification requirements apply is absent from the

United Kingdom for any period the following provisions apply.

(2)
During the period of absence the period for which the notification

requirements apply continues to run.

(3)
The period of absence does not affect the obligation under section 58 (initial

notification).


This is subject to subsection (4).

(4)
Section 58 does not apply if—

(a)
the period of absence begins before the end of the period within

which notification must be made under that section, and

(b)
the person’s absence results from the person’s removal from the

United Kingdom.

(5)
Section 59 (notification of changes)—

(a)
applies in relation to an event that occurs before the period of

absence, but

(b)
does not apply in relation to an event that occurs during the period

of absence.


Paragraph (a) is subject to subsection (6).

(6)
Section 59 does not apply in relation to an event that occurs before the

period of absence if—

(a)
the period of absence begins before the end of the period within

which notification must be made under that section, and

(b)
the person’s absence results from the person’s removal from the

United Kingdom.

(7)
Section 60 (periodic re-notification) does not apply if the period referred to

in subsection (1) of that section ends during the period of absence.

(8)
Section 64(7) (disregard of period of custody etc) applies in relation to the

period of absence as if it referred to any period when the person was—

(a)
remanded in or committed to custody by an order of a court outside

the United Kingdom,

(b)
serving a sentence of imprisonment or detention imposed by such

a court,

12

(c)
detained in a hospital pursuant to an order of such a court that is

equivalent to a hospital order, or

(d)
subject to a form of detention outside the United Kingdom that is

equivalent to detention under the Immigration Acts.

(9)
References in this section and section (Notification on return after absence from

the United Kingdom) to a person’s removal from the United Kingdom

include—

(a)
the person’s removal from the United Kingdom in accordance with

the Immigration Acts,

(b)
the person’s extradition from the United Kingdom, or

(c)
the person’s transfer from the United Kingdom to another country

pursuant to a warrant under section 1 of the Repatriation of

Prisoners Act 1984 (c. 47).”
78
Insert the following new Clause—

“Notification on return after absence from UK

(1)
This section applies if, before the end of the period for which the

notification requirements apply, a person to whom the requirements apply

returns to the United Kingdom after a period of absence and—

(a)
the person was not required to make a notification under section 58

(initial notification),

(b)
there has been a change to any of the information last notified to the

police in accordance with—

(i)
section 58,

(ii)
section 59 (notification of changes),

(iii)
section 60 (periodic re-notification), or

(iv)
this section, or

(c)
the period referred to in section 60(1) (period after which re-

notification required) ended during the period of absence.

(2)
The person must notify or (as the case may be) re-notify to the police the

information mentioned in section 58(2) within the period of three days

beginning with the day of return.

(3)
In determining the period within which notification is to be made under

this section, there shall be disregarded any time when the person is—

(a)
remanded in or committed to custody by an order of a court,

(b)
serving a sentence of imprisonment or detention,

(c)
detained in a hospital, or

(d)
detained under the Immigration Acts.

(4)
This section does not apply if—

(a)
the person subsequently leaves the United Kingdom,

(b)
the period of absence begins before the end of the period within

which notification must be made under this section, and

(c)
the person’s absence results from the person’s removal from the

United Kingdom.

(5)
The obligation under this section does not affect any obligation to notify

information under section 63(3) (regulations requiring notification of

return etc).”

13

After Clause 67
79
Insert the following new Clause—

“Application of Part to service offences and related matters

Schedule (Notification requirements: application to service offences) makes

provision for the application of this Part to service offences and related

matters.”
Clause 68
80
Page 48, line 14, leave out from “order”” to end of line 21 and insert “means—

(a)
a hospital order within the meaning of the Mental Health Act 1983

(c. 20);

(b)
an order under Part 6 of the Criminal Procedure (Scotland) Act 1995

(c. 46); or

(c)
a hospital order within the meaning of the Mental Health (Northern

Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));”
After Clause 68
81
Insert the following new Clause—

“References to a person being “dealt with” for an offence

(1)
References in this Part to a person being dealt with for or in respect of an

offence are to their being sentenced, or made subject to a hospital order, in

respect of the offence.


References in this Part to an offence being dealt with are to a person being

dealt with in respect of the offence.

(2)
Subject to the following provisions of this section, references in this Part to

the time at which a person is dealt with for an offence are to the time at

which they are first dealt with—

(a)
in England and Wales, by a magistrates’ court or the Crown Court;

(b)
in Scotland, by a sheriff or by the High Court of Justiciary;

(c)
in Northern Ireland, by the county court.


This is referred to below as “the original decision”.

(3)
Where the original decision is varied (on appeal or otherwise), then—

(a)
if the result is that the conditions for application of the notification

requirements to a person in respect of an offence cease to be met

(and paragraph (c) below does not apply), the notification

requirements are treated as never having applied to that person in

respect of that offence;

(b)
if the result is that the conditions for application of the notification

requirements to a person in respect of an offence are met where

they were not previously met (and paragraph (c) below does not

apply)—

(i)
the person is treated as dealt with for the offence when the

variation takes place, and

(ii)
the notification requirements apply accordingly;

(c)
if—