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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

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(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

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(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.

 
 

 
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