Criminal Justice and Immigration Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters
63

Recognition of financial penalties: miscellaneous
89
Recognition of financial penalties: general
(1)
Schedule 18 specifies when a financial penalty is suitable for enforcement in
England and Wales for the purposes of section 82(1) and when a financial
penalty is suitable for enforcement in Northern Ireland for the purposes of
5
section 85(1).
(2)
Schedule 19 specifies the grounds for refusal for the purposes of sections
82(4)(a), 83(3) and (5), 85(4)(a) and 86(3) and (5).
(3)
The Lord Chancellor may by order make further provision for or in connection
with giving effect to the Framework Decision on financial penalties.
10
(4)
An order under section 79(4), 81(4) or subsection (3) of this section may in
particular modify, amend, repeal or revoke any provision of—
(a)
any Act (including this Act and any Act passed in the same Session as
this Act);
(b)
subordinate legislation (within the meaning of the Interpretation Act
15
1978 (c. 30)) made before the passing of this Act;
(c)
Northern Ireland legislation passed, or made, before the passing of this
Act;
(d)
any instrument made, before the passing of this Act, under Northern
Ireland legislation.
20
90
Interpretation of sections 78 to 89 etc.
(1)
In sections 78 to 89 and Schedules 18 and 19—
“central authority”, in relation to a member State other than the United
Kingdom, means an authority designated by the State as a central
authority for the purposes of the Framework Decision on financial
25
penalties;
“central authority for Scotland” means the person or body which, by
virtue of an order under section 56 of the Criminal Proceedings etc.
(Reform) (Scotland) Act 2007 (asp 6) (recognition of EU financial
penalties), acts as the central authority in relation to Scotland for the
30
purposes of the Framework Decision;
“competent authority”, in relation to a member State, means an authority
designated by the State as a competent authority for the purposes of
that Decision;
“the Framework Decision on financial penalties” means the Framework
35
Decision of the Council of the European Union made on 24 February
2005 on the application of the principle of mutual recognition to
financial penalties (2005/214/JHA).
(2)
In sections 82 to 89 and Schedules 18 and 19—
“decision” has the meaning given by Article 1 of the Framework Decision
40
on financial penalties (except in sections 83(4) and 86(4));
“financial penalty” has the meaning given by that Article.
(3)
References in sections 78 to 89 to a certificate requesting enforcement under the
Framework Decision on financial penalties are references to such a certificate
as is provided for by Article 4 of that Decision.
45

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters
64

Repatriation of prisoners
91
Delivery of prisoner to place abroad for purposes of transfer out of the United
Kingdom
In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of
the UK), for subsection (1) substitute—
5
“(1)
The effect of a warrant under section 1 providing for the transfer of the
prisoner out of the United Kingdom shall be to authorise—
(a)
the taking of the prisoner to any place in any part of the United
Kingdom, his delivery at a place of departure from the United
Kingdom into the custody of an appropriate person and his
10
removal by that person from the United Kingdom to a place
outside the United Kingdom; or
(b)
the taking of the prisoner to any place in any part of the United
Kingdom, his removal from the United Kingdom and his
delivery, at the place of arrival from the United Kingdom, into
15
the custody of an appropriate person.
(1A)
In subsection (1) “appropriate person” means a person representing the
appropriate authority of the country or territory to which the prisoner
is to be transferred.”
92
Issue of warrant transferring responsibility for detention and release of an
20
offender to or from the relevant Minister
After section 4 of the Repatriation of Prisoners Act 1984 (transfer into the
United Kingdom) insert—
“Transfer of responsibility for detention and release of offender present outside the
country or territory in which he is required to be detained
25
4A
Issue of warrant transferring responsibility for detention and release
of offender
(1)
This section enables responsibility for the detention and release of a
person to whom subsection (2) or (3) applies to be transferred between
the relevant Minister in the United Kingdom and the appropriate
30
authority in a country or territory outside the British Islands.
(2)
A person falls within this subsection if that person—
(a)
is a person to whom section 1(7) applies by virtue of—
(i)
an order made in the course of the exercise by a court or
tribunal in any part of the United Kingdom of its
35
criminal jurisdiction; or
(ii)
any of the provisions of this Act or any similar
provisions of the law of any part of the United Kingdom;
and
(b)
is present in a country or territory outside the British Islands.
40
(3)
A person falls within this subsection if that person—
(a)
is a person to whom section 1(7) applies by virtue of —

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters
65

(i)
an order made in the course of the exercise by a court or
tribunal in a country or territory outside the British
Islands of its criminal jurisdiction; or
(ii)
any provisions of the law of such a country or territory
which are similar to any of the provisions of this Act;
5
and
(b)
is present in the United Kingdom.
(4)
Terms used in subsection (2)(a) and (3)(a) have the same meaning as in
section 1(7).
(5)
Subject to the following provisions of this section, where—
10
(a)
the United Kingdom is a party to international arrangements
providing for the transfer between the United Kingdom and a
country or territory outside the British Islands of responsibility
for the detention and release of persons to whom subsection (2)
or (3) applies,
15
(b)
the relevant Minister and the appropriate authority of that
country or territory have each agreed to the transfer under those
arrangements of responsibility for the detention and release of
a particular person to whom subsection (2) or (3) applies (in this
Act referred to as “the relevant person”), and
20
(c)
in a case in which the terms of those arrangements provide for
the transfer of responsibility to take place only with the relevant
person’s consent, that consent has been given,

the relevant Minister shall issue a warrant providing for the transfer of
responsibility for the detention and release of the relevant person from
25
that Minister (where subsection (2) applies) or to that Minister (where
subsection (3) applies).
(6)
The relevant Minister shall not issue a warrant under this section
providing for the transfer of responsibility for the detention and release
of a person to the relevant Minister unless—
30
(a)
that person is a British citizen;
(b)
the transfer appears to the relevant Minister to be appropriate
having regard to any close ties which that person has with the
United Kingdom.
(7)
The relevant Minister shall not issue a warrant under this section
35
where, after the duty in subsection (5) has arisen, circumstances arise or
are brought to his attention which in his opinion make it inappropriate
that the transfer of responsibility should take place.
(8)
The relevant Minister shall not issue a warrant under this section (other
than one superseding an earlier warrant) unless he is satisfied that all
40
reasonable steps have been taken to inform the relevant person in
writing in his own language—
(a)
of the substance, so far as relevant to the case, of the
international arrangements in accordance with which it is
proposed to transfer responsibility for his detention and release;
45
(b)
of the effect in relation to the relevant person of the warrant
which it is proposed to issue under this section;
(c)
in the case of a person to whom subsection (2) applies, of the
effect in relation to his case of so much of the law of the country
or territory concerned as has effect with respect to transfers
50

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters
66

under those arrangements of responsibility for his detention
and release;
(d)
in the case of a person to whom subsection (3) applies, of the
effect in relation to his case of the law relating to his detention
under that warrant and subsequent release (including the effect
5
of any enactment or instrument under which he may be
released earlier than provided for by the terms of the warrant);
and
(e)
of the powers of the relevant Minister under section 6;

and the relevant Minister shall not issue a warrant superseding an
10
earlier warrant under this section unless the requirements of this
subsection were fulfilled in relation to the earlier warrant.
(9)
A consent given for the purposes of subsection (5)(c) shall not be
capable of being withdrawn after a warrant under this section has been
issued in respect of the relevant person; and, accordingly, a purported
15
withdrawal of that consent after that time shall not affect the validity of
the warrant, or of any provision which by virtue of section 6
subsequently supersedes provisions of that warrant, or of any direction
given in relation to the prisoner under section 4B(3).
(10)
In this section “relevant Minister” means—
20
(a)
the Scottish Ministers in a case where the person who is the
subject of the proposed transfer of responsibility is—
(i)
a person to whom subsection (2) applies who is for the
time being required to be detained at a place in Scotland;
or
25
(ii)
a person to whom subsection (3) applies, if it is proposed
that he will be detained at a place in Scotland;
(b)
the Secretary of State, in any other case.
4B
Transfer of responsibility from the United Kingdom
(1)
The effect of a warrant under section 4A relating to a person to whom
30
subsection (2) of that section applies shall be to transfer responsibility
for the detention and release of that person from the relevant Minister
(as defined in section 4A(10)) to the appropriate authority of the
country or territory in which he is present.
(2)
Subject to subsections (3) to (6), the order by virtue of which the
35
relevant person is required to be detained at the time such a warrant is
issued in respect of him shall continue to have effect after the transfer
of responsibility so as to apply to him if he comes to be in the United
Kingdom at any time when under that order he is to be, or may be,
detained.
40
(3)
If, at any time after the transfer of responsibility, it appears to the
relevant Minister appropriate to do so in order that effect may be given
to the international arrangements in accordance with which the
transfer took place, the relevant Minister may give a direction—
(a)
varying the order referred to in subsection (2); or
45
(b)
providing for the order to cease to have effect.
(4)
In subsection (3) “relevant Minister” means—

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters
67

(a)
the Scottish Ministers, where Scotland is the part of the United
Kingdom in which the order referred to in subsection (2) has
effect; and
(b)
the Secretary of State in any other case.
(5)
The power by direction under subsection (3) to vary the order referred
5
to in subsection (2) includes power by direction—
(a)
to provide for how any period during which the detention and
release of the relevant person is, by virtue of a warrant under
section 4A, the responsibility of a country or territory outside
the United Kingdom is to be treated for the purposes of the
10
order; and
(b)
to provide for the relevant person to be treated as having been
released or discharged as mentioned in any paragraph of
section 2(4)(b).
(6)
Except in relation to any period during which a restriction order is in
15
force in respect of the relevant person, subsection (2) shall not apply in
relation to a hospital order; and, accordingly, a hospital order shall
cease to have effect in relation to that person—
(a)
at the time of the transfer of responsibility, if no restriction order
is in force in respect of him at that time; and
20
(b)
if at that time a restriction order is in force in respect of him, as
soon after the transfer of responsibility as the restriction order
ceases to have effect.
(7)
In subsection (6) “hospital order” and “restriction order” have the same
meaning as in section 2(6).
25
(8)
References in this section to the order by virtue of which a person is
required to be detained at the time a warrant under section 4A is issued
in respect of him include references to any order by virtue of which he
is required to be detained after the order by virtue of which he is
required to be detained at that time ceases to have effect.
30
4C
Transfer of responsibility to the United Kingdom
(1)
The effect of a warrant under section 4A relating to a person to whom
subsection (3) of that section applies shall be to transfer responsibility
for the detention and release of that person to the relevant Minister (as
defined in section 4A(10)) and to authorise—
35
(a)
the taking of that person in custody to such place in any part of
the United Kingdom as may be specified in the warrant, being
a place at which effect may be given to the provisions contained
in the warrant by virtue of paragraph (b); and
(b)
the detention of that person in any part of the United Kingdom
40
in accordance with such provisions as may be contained in the
warrant, being provisions appearing to the relevant Minister to
be appropriate for giving effect to the international
arrangements in accordance with which responsibility for that
person is transferred.
45
(2)
A provision shall not be contained by virtue of subsection (1)(b) in a
warrant under section 4A unless it satisfies the following two
conditions, that is to say—

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters
68

(a)
it is a provision with respect to the detention of a person in a
prison, a hospital or any other institution; and
(b)
it is a provision which at the time the warrant is issued may be
contained in an order made either—
(i)
in the course of the exercise of its criminal jurisdiction by
5
a court in the part of the United Kingdom in which the
person is to be detained; or
(ii)
otherwise than by a court but for the purpose of giving
effect to an order made as mentioned in sub-paragraph
(i).
10
(3)
Section 3(3) applies for determining for the purposes of paragraph (b)
of subsection (1) above what provisions are appropriate for giving
effect to the international arrangements mentioned in that paragraph in
a relevant person’s case as it applies for the purposes of section 3(1)(c)
in the case of a prisoner who is to be transferred into the United
15
Kingdom.
(4)
Subject to subsection (6) and Part 2 of the Schedule to this Act, a
provision contained by virtue of subsection (1)(b) in a warrant under
section 4A shall for all purposes have the same effect as the same
provision contained in an order made as mentioned in sub-paragraph
20
(i) or, as the case may be, sub-paragraph (ii) of subsection (2)(b).
(5)
A provision contained by virtue of subsection (1)(b) in a warrant under
section 4A shall take effect with the delivery of the relevant person to
the place specified in the warrant for the purposes of subsection (1)(a).
(6)
Subsection (4) shall not confer any right of appeal on the relevant
25
person against provisions contained by virtue of subsection (1)(b) in a
warrant under this section.
(7)
Part 2 of the Schedule to this Act shall have effect with respect to the
operation of certain enactments in relation to provisions contained by
virtue of subsection (1)(b) in a warrant under section 4A.
30
(8)
For the purposes of determining whether at any particular time any
such order as is mentioned in subsection (2)(b) could have been made
as so mentioned, there shall be disregarded both—
(a)
any requirement that certain conditions must be satisfied before
the order is made; and
35
(b)
any restriction on the minimum period in respect of which the
order may be made.”
93
Powers to arrest and detain persons believed to fall within section 4A(3) of the
Repatriation of Prisoners Act 1984
After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by
40

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters
69

section 92) insert—
“Persons believed to fall within section 4A(3): powers of arrest and detention
4D
Arrest and detention with a view to establishing whether a person
falls within section 4A(3) etc.
(1)
The Secretary of State or the Scottish Ministers may issue a certificate
5
stating that the issuing authority—
(a)
considers that there are reasonable grounds for believing that a
person in the United Kingdom is a person falling within section
4A(3), and
(b)
has requested written confirmation from the country or
10
territory concerned of the details of that person’s case.
(2)
The issuing authority may send the certificate (with any other
documents appearing to the authority to be relevant) to the appropriate
judge with a view to obtaining the issue of a warrant under subsection
(3).
15
(3)
The appropriate judge may, on receiving the certificate, issue a warrant
for the arrest of the person concerned if the judge is satisfied that there
are reasonable grounds for believing that the person falls within section
4A(3).
(4)
The warrant may be executed anywhere in the United Kingdom by any
20
designated person (and it is immaterial whether or not he is in
possession of the warrant or a copy of it).
(5)
A person arrested under this section shall, as soon as is practicable—
(a)
be given a copy of the warrant for his arrest; and
(b)
be brought before the appropriate judge.
25
(6)
The appropriate judge may order that a person before him who is the
subject of a certificate under this section is to be detained from the time
the order is made until the end of the period of seven days beginning
with the day after that on which the order is made.
(7)
The purpose of an order under subsection (6) is to secure the detention
30
of the person concerned while—
(a)
written confirmation is obtained from a representative of the
country or territory concerned of the details of his case;
(b)
it is established whether he is a person falling within section
4A(3); and
35
(c)
any application for an order under section 4E(6) is made in
respect of him.
(8)
Subject to subsection (9), a person detained under such an order may be
released at any time during the period mentioned in subsection (6) and
shall be released at the end of that period (if not released sooner).
40
(9)
Subsection (8) ceases to apply to the detained person if, during that
period, an order under section 4E is made in respect of him.
(10)
It is immaterial for the purposes of subsection (6) whether or not the
person concerned has previously been arrested under this section.