Police and Justice Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 5 — Miscellaneous
31

36
Consequential amendments
Schedule 11 (consequential amendments) has effect.
37
Interpretation
(1)
In this Part—
“Chief Inspector” has the meaning given by section 26(2);
5
“devolved Welsh matters” means matters in relation to which the
National Assembly for Wales has functions;
“the Lord Chief Justice” means the Lord Chief Justice of England and
Wales;
“responsible ministers” has the meaning given by section 27(1).
10
(2)
In this Part “public authority” includes any person certain of whose functions
are functions of a public nature, but does not include either House of
Parliament or a person exercising functions in connection with proceedings in
Parliament.
(3)
In relation to a particular act, a person is not a public authority by virtue of
15
subsection (2) if the nature of the act is private.
Part 5
Miscellaneous
Bail offences
38
Sentences of imprisonment for bail offences
20
(1)
Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as
follows.
(2)
In section 195 (interpretation of terms used in Chapter 3), for the definition of
“sentence of imprisonment” there is substituted—
““sentence of imprisonment” does not include a sentence of
25
imprisonment passed in respect of a summary conviction for an
offence under section 6(1) or (2) of the Bail Act 1976.”
(3)
In section 237 (meaning of “fixed-term prisoner” for purposes of Chapter 6),
after subsection (1) there is inserted—
“(1A)
In subsection (1)(a) “sentence of imprisonment” does not include a
30
sentence of imprisonment passed in respect of a summary conviction
for an offence under section 6(1) or (2) of the Bail Act 1976.”
(4)
In section 257 (additional days for disciplinary offences), after subsection (2)
there is inserted—
“(3)
For the purposes of this section “fixed-term prisoner” includes a person
35
serving a sentence of imprisonment passed in respect of an offence
under section 6(1) or (2) of the Bail Act 1976.”
(5)
In section 258 (early release for fine defaulters and contemnors), after

Police and Justice Bill
Part 5 — Miscellaneous
32

subsection (1) there is inserted—
“(1A)
This section also applies to a person serving a sentence of
imprisonment passed in respect of a summary conviction for an offence
under section 6(1) or (2) of the Bail Act 1976.”
(6)
In section 305(1) (interpretation of Part 12), in paragraph (c) of the definition of
5
“sentence of imprisonment”, at the end there is inserted “(including contempt
of court or any kindred offence)”.
Computer misuse
39
Increased penalty etc for offence of unauthorised access to computer material
In the Computer Misuse Act 1990 (c. 18) (“the 1990 Act”), in section 1 (offence
10
of unauthorised access to computer material), for subsection (3) there is
substituted—
“(3)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
15
not exceeding the statutory maximum or to both;
(b)
on summary conviction in Scotland, to imprisonment for a term
not exceeding six months or to a fine not exceeding the statutory
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
20
exceeding two years or to a fine or to both.”
40
Unauthorised acts with intent to impair operation of computer, etc
For section 3 of the 1990 Act (unauthorised modification of computer material)
there is substituted—
“3
Unauthorised acts with intent to impair operation of computer, etc.
25
(1)
A person is guilty of an offence if—
(a)
he does any unauthorised act in relation to a computer; and
(b)
at the time when he does the act he has the requisite intent and
the requisite knowledge.
(2)
For the purposes of subsection (1)(b) above the requisite intent is an
30
intent to do the act in question and by so doing—
(a)
to impair the operation of any computer,
(b)
to prevent or hinder access to any program or data held in any
computer, or
(c)
to impair the operation of any such program or the reliability of
35
any such data,

whether permanently or temporarily.
(3)
The intent need not be directed at—
(a)
any particular computer;
(b)
any particular program or data; or
40
(c)
a program or data of any particular kind.

Police and Justice Bill
Part 5 — Miscellaneous
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(4)
For the purposes of subsection (1)(b) above the requisite knowledge is
knowledge that the act in question is unauthorised.
(5)
In this section—
(a)
a reference to doing an act includes a reference to causing an act
to be done;
5
(b)
“act” includes a series of acts.
(6)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding the statutory maximum or to both;
10
(b)
on summary conviction in Scotland, to imprisonment for a term
not exceeding six months or to a fine not exceeding the statutory
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
exceeding ten years or to a fine or to both.”
15
41
Making, supplying or obtaining articles for use in computer misuse offences
After section 3 of the 1990 Act there is inserted—
“3A
Making, supplying or obtaining articles for use in offence under
section 1 or 3
(1)
A person is guilty of an offence if he makes, adapts, supplies or offers
20
to supply any article—
(a)
intending it to be used to commit, or to assist in the commission
of, an offence under section 1 or 3; or
(b)
believing that it is likely to be so used.
(2)
A person is guilty of an offence if he obtains any article with a view to
25
its being supplied for use to commit, or to assist in the commission of,
an offence under section 1 or 3.
(3)
In this section “article” includes any program or data held in electronic
form.
(4)
A person guilty of an offence under this section shall be liable—
30
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding the statutory maximum or to both;
(b)
on summary conviction in Scotland, to imprisonment for a term
not exceeding six months or to a fine not exceeding the statutory
35
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.”
42
Transitional and saving provision
(1)
The amendments made by—
40
(a)
section 39, and
(b)
paragraphs 20, 21, 22(3) and (4), 23, 24(2) and (7) and 25 of Schedule 15,

do not apply in relation to an offence committed before that section comes into
force.

Police and Justice Bill
Part 5 — Miscellaneous
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(2)
An offence is not committed under the new section 3 unless every act or other
event proof of which is required for conviction of the offence takes place after
section 40 above comes into force.
(3)
In relation to a case where, by reason of subsection (2), an offence is not
committed under the new section 3—
5
(a)
section 3 of the 1990 Act has effect in the form in which it was enacted;
(b)
paragraphs 16, 22, 24(4) and (5) and 26 of Schedule 15 do not apply.
(4)
An offence is not committed under the new section 3A unless every act or other
event proof of which is required for conviction of the offence takes place after
section 41 above comes into force.
10
(5)
In the case of an offence committed before section 154(1) of the Criminal Justice
Act 2003 (c. 44) comes into force, the following provisions have effect as if for
“12 months” there were substituted “six months”—
(a)
paragraph (a) of the new section 1(3);
(b)
paragraph (a) of the new section 2(5);
15
(c)
subsection (6)(a) of the new section 3;
(d)
subsection (4)(a) of the new section 3A.
(6)
In this section—
(a)
“the new section 1(3)” means the subsection (3) substituted in section 1
of the 1990 Act by section 39 above;
20
(b)
“the new section 2(5)” means the subsection (5) substituted in section 2
of the 1990 Act by paragraph 14 of Schedule 15 to this Act;
(c)
“the new section 3” means the section 3 substituted in the 1990 Act by
section 40 above;
(d)
“the new section 3A” means the section 3A inserted in the 1990 Act by
25
section 41 above.
Forfeiture of indecent photographs of children
43
Forfeiture of indecent photographs of children: England and Wales
(1)
The Protection of Children Act 1978 (c. 37) is amended as follows.
(2)
In section 4 (entry, search and seizure)—
30
(a)
subsection (3) is omitted, and
(b)
for subsection (4) there is substituted—
“(4)
In this section “premises” has the same meaning as in the Police
and Criminal Evidence Act 1984 (see section 23 of that Act).”
(3)
For section 5 (forfeiture) there is substituted—
35
“5
Forfeiture

The Schedule to this Act makes provision about the forfeiture of
indecent photographs and pseudo-photographs.”
(4)
At the end of the Act there is inserted the Schedule set out in Schedule 12 to this
Act.
40

Police and Justice Bill
Part 5 — Miscellaneous
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(5)
The amendment made by paragraph (b) of subsection (2) has effect only in
relation to warrants issued under section 4 of the Protection of Children Act
1978 after the commencement of that paragraph.
(6)
The amendments made by subsections (2)(a), (3) and (4) and Schedule 12 have
effect whether the property in question was lawfully seized before or after the
5
coming into force of those provisions.

This is subject to subsection (7).
(7)
Those amendments do not have effect in a case where the property has been
brought before a justice of the peace under section 4(3) of the Protection of
Children Act 1978 (c. 37) before the coming into force of those provisions.
10
44
Forfeiture of indecent photographs of children: Northern Ireland
(1)
The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047
(N.I. 17)) is amended as follows.
(2)
In Article 4 (entry, search and seizure), for paragraph (2) there is substituted—
“(2)
In this Article “premises” has the same meaning as in the Police and
15
Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341
(N.I. 12)) (see Article 25 of that Order).”
(3)
For Articles 5 and 6 (forfeiture) there is substituted—
“5
Forfeiture
The Schedule to this Order makes provision about the forfeiture of
20
indecent photographs and pseudo-photographs.”
(4)
At the end of the Order there is inserted the Schedule set out in Schedule 13.
(5)
The amendment made by subsection (2) has effect only in relation to warrants
granted under Article 4(1) of the Protection of Children (Northern Ireland)
Order 1978 (S.I. 1978/1047 (N.I. 17)) after the commencement of that
25
subsection.
(6)
The amendments made by subsections (3) and (4) and Schedule 13 have effect
whether the property in question was lawfully seized before or after the
coming into force of those provisions.

This is subject to subsection (7).
30
(7)
Those amendments do not have effect in a case where the property has been
brought before a resident magistrate under Article 5(1) of the Protection of
Children (Northern Ireland) Order 1978 before the coming into force of those
provisions.
Independent Police Complaints Commission
35
45
Immigration and asylum enforcement functions: complaints and misconduct
(1)
The Secretary of State may make regulations conferring functions on the
Independent Police Complaints Commission in relation to—
(a)
the exercise by immigration officers of specified enforcement functions;
(b)
the exercise by officials of the Secretary of State of specified
40
enforcement functions relating to immigration or asylum.

Police and Justice Bill
Part 5 — Miscellaneous
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(2)
In subsection (1) the reference to enforcement functions includes, in particular,
reference to—
(a)
powers of entry,
(b)
powers to search persons or property,
(c)
powers to seize or detain property,
5
(d)
powers to arrest persons,
(e)
powers to detain persons,
(f)
powers to examine persons or otherwise to obtain information
(including powers to take fingerprints or to acquire other personal
data), and
10
(g)
powers in connection with the removal of persons from the United
Kingdom.
(3)
Regulations under subsection (1) may not confer functions on the Independent
Police Complaints Commission in relation to the exercise by any person of a
function conferred on him by or under Part 8 of the Immigration and Asylum
15
Act 1999 (c. 33).
(4)
Regulations under subsection (1)—
(a)
may apply (with or without modification) or make provision similar to
any provision of or made under Part 2 of the Police Reform Act 2002
(c. 30) (complaints);
20
(b)
may make provision for payment by the Secretary of State to or in
respect of the Independent Police Complaints Commission.
(5)
The Independent Police Complaints Commission and the Parliamentary
Commissioner for Administration may disclose information to each other for
the purposes of the exercise of a function—
25
(a)
by virtue of this section, or
(b)
under the Parliamentary Commissioner Act 1967 (c. 13).
(6)
The Independent Police Complaints Commission and the Parliamentary
Commissioner for Administration may jointly investigate a matter in relation
to which—
30
(a)
the Independent Police Complaints Commission has functions by
virtue of this section, and
(b)
the Parliamentary Commissioner for Administration has functions by
virtue of the Parliamentary Commissioner Act 1967.
(7)
Regulations under subsection (1) shall relate only to the exercise of functions in
35
or in relation to England and Wales.
(8)
In this section “immigration officer” means a person appointed as an
immigration officer under paragraph 1 of Schedule 2 to the Immigration Act
1971 (c. 77).
Extradition
40
46
Amendments to the Extradition Act 2003 etc
Schedule 14 (which in Part 1 makes amendments to the Extradition Act 2003
(c. 41) and in Part 2 makes other amendments concerning extradition) has
effect.

Police and Justice Bill
Part 6 — Supplemental
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Part 6
Supplemental
47
Orders and regulations
(1)
Subsections (2) to (5) apply to any power to make an order or regulations that
is conferred by this Act on—
5
(a)
the Secretary of State,
(b)
the Registrar General, or
(c)
the responsible ministers (within the meaning of Part 4).

Subsections (2) and (3) also apply to any power to make an order that is
conferred by this Act on the Scottish Ministers or the National Assembly for
10
Wales.
(2)
The power is exercisable by statutory instrument.
(3)
The power may be exercised so as—
(a)
to make different provision for different purposes or different areas;
(b)
to make provision generally or for specified cases or circumstances;
15
(c)
to make incidental, supplemental, consequential, saving or transitional
provision.
(4)
A statutory instrument containing an order or regulations made under any
power to which this subsection applies, other than—
(a)
an order to which subsection (5) applies, or
20
(b)
an order under section 51,

is subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
A statutory instrument containing—
(a)
an order under—
25
section 27(2) or (8),
section 28(8), or
paragraph 48 of Schedule 1,

or
(b)
an order that includes provision made by virtue of section 29(3)(a) or
30
(b) or section 49(3)(b)(i) or (ii),

may not be made unless a draft has been laid before, and approved by a
resolution of, each House of Parliament.
(6)
A statutory instrument containing an order under paragraph 48 of Schedule 1
made by the Scottish Ministers may not be made unless a draft has been laid
35
before, and approved by a resolution of, the Scottish Parliament.
(7)
A statutory instrument containing an order under section 49 made by the
Scottish Ministers, other than an order to which subsection (8) applies, is
subject to annulment in pursuance of a resolution of the Scottish Parliament.
(8)
A statutory instrument containing an order under section 49 made by the
40
Scottish Ministers that includes provision made by virtue of subsection (3)(b)(i)
of that section may not be made unless a draft has been laid before, and
approved by a resolution of, the Scottish Parliament.