Criminal Justice and Immigration Bill


[back to previous text]

New Clause 39

Sexual offences prevention orders: relevant sexual offences
‘(1) In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions about sexual offences prevention orders), at the end insert—
“(13) Subsection (14) applies for the purposes of section 104 and this section in their application in relation to England and Wales or Northern Ireland.
(14) In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
(a) to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
(b) to the age of any person,
is to be disregarded.”
(2) This section extends to England and Wales and Northern Ireland only.’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 40

Notification requirements: prescribed information
‘(1) In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements: initial notification)—
(a) at the end of subsection (5) insert—
“(h) any prescribed information.”; and
(b) after that subsection insert—
“(5A) In subsection (5)(h) “prescribed” means prescribed by regulations made by the Secretary of State.”
(2) Section 84 of that Act (notification requirements: changes) is amended as follows.
(3) In subsection (1)—
(a) after “1997,” in paragraph (c) insert—
“(ca) any prescribed change of circumstances,”; and
(b) after “the address of those premises” insert “, the prescribed details”.
(4) In subsection (2) after “home address” insert “or the prescribed change of circumstances”.
(5) After subsection (5) insert—
“(5A) In this section—
(a) “prescribed change of circumstances” means any change—
(i) occurring in relation to any matter in respect of which information is required to be notified by virtue of section 83(5)(h), and
(ii) of a description prescribed by regulations made by the Secretary of State;
(b) “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.”
(6) This section extends to England and Wales and Northern Ireland only.’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 41

Persistent sales of tobacco to persons under 18
‘(1) The Children and Young Persons Act 1933 (c. 12) is amended as follows.
(2) After section 12 insert—
“Persistent sales of tobacco to persons under 18
12A Restricted premises orders
(1) This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).
(2) The person who brought the proceedings for the relevant offence may by complaint to a magistrates’ court apply for a restricted premises order to be made in respect of the premises in relation to which that offence was committed (“the relevant premises”).
(3) A restricted premises order is an order prohibiting the sale on the premises to which it relates of any tobacco or cigarette papers to any person.
(4) The prohibition applies to sales whether made—
(a) by the offender or any other person, or
(b) by means of any machine kept on the premises or any other means.
(5) The order has effect for the period specified in the order, but that period may not exceed one year.
(6) The applicant must, after making reasonable enquiries, give notice of the application to every person appearing to the applicant to be a person affected by it.
(7) The court may make the order if (and only if) it is satisfied that—
(a) on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed the offender has committed other tobacco offences in relation to the relevant premises, and
(b) the applicant has complied with subsection (6).
(8) Persons affected by the application may make representations to the court as to why the order should not be made.
(9) If—
(a) a person affected by an application for a restricted premises order was not given notice under subsection (6), and
(b) consequently the person had no opportunity to make representations to the court as to why the order should not be made,
the person may by complaint apply to the court for an order varying or discharging it.
(10) On an application under subsection (9) the court may, after hearing—
(a) that person, and
(b) the applicant for the restricted premises order,
make such order varying or discharging the restricted premises order as it considers appropriate.
(11) For the purposes of this section the persons affected by an application for a restricted premises order in respect of any premises are—
(a) the occupier of the premises, and
(b) any other person who has an interest in the premises.
12B Restricted sale orders
(1) This section applies where a person (“the offender”) is convicted of a tobacco offence (“the relevant offence”).
(2) The person who brought the proceedings for the relevant offence may by complaint to a magistrates’ court apply for a restricted sale order to be made in respect of the offender.
(3) A restricted sale order is an order prohibiting the person to whom it relates—
(a) from selling any tobacco or cigarette papers to any person,
(b) from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco or cigarette papers to any person,
(c) from keeping any cigarette machine on any premises for the purpose of selling tobacco or permitting any cigarette machine to be kept on any premises by any other person for that purpose, and
(d) from having any management functions in respect of any premises in so far as those functions relate to any cigarette machine kept on the premises for the purpose of selling tobacco.
(4) The order has effect for the period specified in the order, but that period may not exceed one year.
(5) The court may make the order if (and only if) it is satisfied that on at least 2 occasions within the period of 2 years ending with the date on which the relevant offence was committed the offender has committed other tobacco offences.
(6) In this section any reference to a cigarette machine is a reference to an automatic machine for the sale of tobacco.
12C Enforcement
(1) If—
(a) a person sells on any premises any tobacco or cigarette papers in contravention of a restricted premises order, and
(b) the person knew, or ought reasonably to have known, that the sale was in contravention of the order,
the person commits an offence.
(2) If a person fails to comply with a restricted sale order, the person commits an offence.
(3) It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(4) A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding £20,000.
(5) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975.
12D Interpretation
(1) In sections 12A and 12B a “tobacco offence” means—
(a) an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), or
(b) an offence committed under section 7(2) in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”).
(2) In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7.
(3) In sections 12A and 12B “notice” means notice in writing.”
(3) In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—
“(f) in the case of a restricted premises order under section 12A or a restricted sale order under section 12B, by any person aggrieved.”’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 42

Requests to other member States: Northern Ireland
‘(1) A designated officer of the Northern Ireland Court Service may issue a certificate requesting enforcement under the Framework Decision on financial penalties where—
(a) a person is required to pay a financial penalty,
(b) the penalty is not paid in full within the time allowed for payment,
(c) there is no appeal outstanding in relation to the penalty, and
(d) it appears to the designated officer that the person is normally resident in, or has property or income in, a member State other than the United Kingdom.
(2) For the purposes of subsection (1)(c), there is no appeal outstanding in relation to a financial penalty if—
(a) no appeal has been brought in relation to the imposition of the financial penalty within the time allowed for making such an appeal, or
(b) such an appeal has been brought but the proceedings on appeal have been concluded.
(3) Where the person required to pay the financial penalty is a body corporate, subsection (1)(d) applies as if the reference to the person being normally resident in a member State other than the United Kingdom were a reference to the person having its registered office in a member State other than the United Kingdom.
(4) In this section—
(a) “designated officer of the Northern Ireland Court Service” means a member of the staff of the Northern Ireland Court Service designated by the Lord Chancellor for the purposes of this section;
(b) “financial penalty” means—
(i) a fine imposed by a court in Northern Ireland on the person’s conviction of an offence;
(ii) any sum payable under a compensation order (within the meaning of article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I.1994/2795 (N.I.15));
(iii) any sum payable under an order made under section 2(1), 4(1) or 5(1) of the Costs in Criminal Cases Act (Northern Ireland) 1968 (N.I. 10) or section 41(1) of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);
(iv) any fine or other sum mentioned in section 76(5)(a) to (d), or any fine imposed by a court in Scotland, which is enforceable in a petty sessions district in Northern Ireland by virtue of Article 96 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26));
(v) any other financial penalty, within the meaning of the Framework Decision on financial penalties, specified in an order made by the Lord Chancellor.’.—[Maria Eagle.]
Brought up, read the First and Second time and added to the Bill.

New Clause 43

Procedure on receipt of certificate by Lord Chancellor: Northern Ireland
‘(1) This section applies where a designated officer has issued a certificate under section (Requests to other member States: Northern Ireland)(1).
(2) The designated officer must give the Lord Chancellor the certificate, together with a certified copy of the decision requiring payment of the financial penalty.
(3) On receipt of the documents mentioned in subsection (2), the Lord Chancellor must give those documents to the central authority or competent authority of the member State in which the person required to pay the penalty appears to be normally resident or (as the case may be) to have property or income.
(4) Where a certified copy of the decision is given to the central authority or competent authority of a member State in accordance with subsection (3), no further steps to enforce the decision may be taken in Northern Ireland except in accordance with provision made by order by the Lord Chancellor.
(5) Where the person required to pay the financial penalty is a body corporate, subsection (3) applies as if the reference to the member State in which the person appears to be normally resident were a reference to the member State in which the person appears to have its registered office.’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.

New Clause 44

Modification of Magistrates’ Courts Act 1980
‘(1) Section 90 of the Magistrates’ Courts Act 1980 (c. 43) is modified as follows in its application to financial penalties by virtue of section 79(7) above.
(2) Subsection (1) applies as if for the words from “he is residing” to the end of that subsection there were substituted “he is residing, or has property or a source of income, in any petty sessions district in Northern Ireland—
(a) the court or the fines officer (as the case may be) may order that payment of the sum shall be enforceable in that petty sessions district, and
(b) if such an order is made, the court or the fines officer must notify the Lord Chancellor.” ’.—[Maria Eagle.]
Brought up, read the First and Second time, and added to the Bill.
 
Previous Contents Continue
House of Commons 
home page Parliament home page House of 
Lords home page search page enquiries ordering index

©Parliamentary copyright 2007
Prepared 30 November 2007