Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

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penalties provided for in sections 4 and 5 of the Criminal Law Act

(Northern Ireland) 1967.

(5)
In this section—

“pre-existing E&W offence” means—

(a)
an offence under section 51 on account of an act

constituting genocide, if at the time the act was

committed it also amounted to an offence under

section 1 of the Genocide Act 1969;

(b)
an offence under section 51 on account of an act

constituting a war crime, if at the time the act was

committed it also amounted to an offence under

section 1 of the Geneva Conventions Act 1957 (grave

breaches of the Conventions);

(c)
an offence of a kind mentioned in section 55(1)(a) to

(c) which is ancillary to an offence within paragraph

(a) or (b) above;

“pre-existing NI offence” means—

(a)
an offence under section 58 on account of an act

constituting genocide, if at the time the act was

committed it also amounted to an offence under

section 1 of the Genocide Act 1969;

(b)
an offence under section 58 on account of an act

constituting a war crime, if at the time the act was

committed it also amounted to an offence under

section 1 of the Geneva Conventions Act 1957 (grave

breaches of the Conventions);

(c)
an offence of a kind mentioned in section 62(1)(a) to

(c) which is ancillary to an offence within paragraph

(a) or (b) above.”

(4)
After section 67 insert—

“67A
Supplemental provision about UK residents

(1)
To the extent that it would not otherwise be the case, the following

individuals are to be treated for the purposes of this Part as being

resident in the United Kingdom—

(a)
an individual who has indefinite leave to remain in the

United Kingdom;

(b)
any other individual who has made an application for such

leave (whether or not it has been determined) and who is in

the United Kingdom;

(c)
an individual who has leave to enter or remain in the United

Kingdom for the purposes of work or study and who is in

the United Kingdom;

(d)
an individual who has made an asylum claim, or a human

rights claim, which has been granted;

(e)
any other individual who has made an asylum claim or

human rights claim (whether or not the claim has been

determined) and who is in the United Kingdom;

(f)
an individual named in an application for indefinite leave to

remain, an asylum claim or a human rights claim as a

dependant of the individual making the application or

claim if—

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(i)
the application or claim has been granted, or

(ii)
the named individual is in the United Kingdom

(whether or not the application or claim has been

determined);

(g)
an individual who would be liable to removal or

deportation from the United Kingdom but cannot be

removed or deported because of section 6 of the Human

Rights Act 1998 or for practical reasons;

(h)
an individual—

(i)
against whom a decision to make a deportation

order under section 5(1) of the Immigration Act 1971

by virtue of section 3(5)(a) of that Act (deportation

conducive to the public good) has been made,

(ii)
who has appealed against the decision to make the

order (whether or not the appeal has been

determined), and

(iii)
who is in the United Kingdom;

(i)
an individual who is an illegal entrant within the meaning

of section 33(1) of the Immigration Act 1971 or who is liable

to removal under section 10 of the Immigration and Asylum

Act 1999;

(j)
an individual who is detained in lawful custody in the

United Kingdom.

(2)
When determining for the purposes of this Part whether any other

individual is resident in the United Kingdom regard is to be had to

all relevant considerations including—

(a)
the periods during which the individual has been or intends

to be in the United Kingdom,

(b)
the purposes for which the individual is, has been or intends

to be in the United Kingdom,

(c)
whether the individual has family or other connections to

the United Kingdom and the nature of those connections,

and

(d)
whether the individual has an interest in residential

property located in the United Kingdom.

(3)
In this section—

“asylum claim” means—

(a)
a claim that it would be contrary to the United

Kingdom’s obligations under the Refugee

Convention for the claimant to be removed from, or

required to leave, the United Kingdom, or

(b)
a claim that the claimant would face a real risk of

serious harm if removed from the United Kingdom;

“Convention rights” means the rights identified as Convention

rights by section 1 of the Human Rights Act 1998;

“detained in lawful custody” means—

(a)
detained in pursuance of a sentence of

imprisonment, detention or custody for life or a

detention and training order,

(b)
remanded in or committed to custody by an order of

a court,

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(c)
detained pursuant to an order under section 2 of the

Colonial Prisoners Removal Act 1884 or a warrant

under section 1 or 4A of the Repatriation of

Prisoners Act 1984,

(d)
detained under Part 3 of the Mental Health Act 1983

or by virtue of an order under section 5 of the

Criminal Procedure (Insanity) Act 1964 or section 6

or 14 of the Criminal Appeal Act 1968 (hospital

orders, etc),

(e)
detained by virtue of an order under Part 6 of the

Criminal Procedure (Scotland) Act 1995 (other than

an order under section 60C) or a hospital direction

under section 59A of that Act, and includes

detention by virtue of the special restrictions set out

in Part 10 of the Mental Health (Care and Treatment)

(Scotland) Act 2003 to which a person is subject by

virtue of an order under section 59 of the Criminal

Procedure (Scotland) Act 1995, or

(f)
detained under Part 3 of the Mental Health

(Northern Ireland) Order 1986 or by virtue of an

order under section 11 or 13(5A) of the Criminal

Appeal (Northern Ireland) Act 1980;

“human rights claim” means a claim that to remove the

claimant from, or to require the claimant to leave, the United

Kingdom would be unlawful under section 6 of the Human

Rights Act 1998 (public authority not to act contrary to

Convention) as being incompatible with the person’s

Convention rights;

“the Refugee Convention” means the Convention relating to

the Status of Refugees done at Geneva on 28 July 1951 and

the Protocol to the Convention;

“serious harm” has the meaning given by article 15 of Council

Directive 2004/83/EC on minimum standards for the

qualification and status of third country nationals or

stateless persons as refugees or as persons who otherwise

need international protection and the content of the

protection granted;


and a reference to having leave to enter or remain in the United

Kingdom is to be construed in accordance with the Immigration Act

1971.

(4)
This section applies in relation to any offence under this Part

(whether committed before or after the coming into force of this

section).””
57
Insert the following new Clause—

“Slavery, servitude and forced or compulsory labour

(1)
A person (D) commits an offence if—

(a)
D holds another person in slavery or servitude and the

circumstances are such that D knows or ought to know that the

person is so held, or

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(b)
D requires another person to perform forced or compulsory labour

and the circumstances are such that D knows or ought to know that

the person is being required to perform such labour.

(2)
In subsection (1) the references to holding a person in slavery or servitude

or requiring a person to perform forced or compulsory labour are to be

construed in accordance with Article 4 of the Human Rights Convention

(which prohibits a person from being held in slavery or servitude or being

required to perform forced or compulsory labour).

(3)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not exceeding

the relevant period or a fine not exceeding the statutory maximum,

or both;

(b)
on conviction on indictment, to imprisonment for a term not

exceeding 14 years or a fine, or both.

(4)
In this section—

“Human Rights Convention” means the Convention for the Protection

of Human Rights and Fundamental Freedoms agreed by the

Council of Europe at Rome on 4 November 1950;

“the relevant period” means—

(a)
in relation to England and Wales, 12 months;

(b)
in relation to Northern Ireland, 6 months.”
After Clause 60
58
Insert the following new Clause—

“Abolition of common law libel offences etc

The following offences under the common law of England and Wales and

the common law of Northern Ireland are abolished—

(a)
the offences of sedition and seditious libel;

(b)
the offence of defamatory libel;

(c)
the offence of obscene libel.”
Clause 61
59
Leave out Clause 61
After Clause 70
60
Insert the following new Clause—

“Review

(1)
The Secretary of State must review the operation of this Chapter and

prepare a report of that review.

(2)
The Secretary of State must lay a copy of the report before Parliament

before the end of the period of 2 years beginning with the day on which

section 65 comes into force.”