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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

70

 

4E      

Arrest and detention with a view to determining whether to issue a

warrant under section 4A

(1)   

The Secretary of State or the Scottish Ministers may issue a certificate

stating that the issuing authority—

(a)   

considers that a person in the United Kingdom is a person

5

falling within section 4A(3), and

(b)   

has received written confirmation from a representative of the

country or territory concerned of the details of that person’s

case;

   

and it is immaterial for the purposes of this section whether or not the

10

person concerned has been previously arrested or detained under

section 4D.

(2)   

The issuing authority may send the certificate (with a copy of the

written confirmation mentioned in subsection (1)(b) and any other

documents appearing to that authority to be relevant) to the

15

appropriate judge with a view to obtaining the issue of a warrant under

subsection (3).

(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

20

4A(3).

(4)   

The warrant may be executed anywhere in the United Kingdom by any

designated person (and it is immaterial whether or not that person is in

possession of the warrant or a copy of it).

(5)   

A person arrested under this section shall, as soon as is practicable—

25

(a)   

be given a copy of the warrant for his arrest; and

(b)   

be brought before the appropriate judge.

(6)   

The appropriate judge may, on the application of the Secretary of State

or the Scottish Ministers, order that a person before the judge who—

(a)   

is the subject of a certificate under this section, and

30

(b)   

the judge is satisfied is a person falling within section 4A(3),

   

shall be detained from the time the order is made until the end of the

period of fourteen 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

35

of the person concerned until—

(a)   

it is determined whether to issue a warrant under section 4A;

and

(b)   

if so determined, such a warrant is issued.

(8)   

Subject to subsection (9), a person detained under such an order may be

40

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).

(9)   

Subsection (8) ceases to apply to the detained person if, during that

period, a warrant under section 4A is issued in respect of him.

(10)   

It is immaterial for the purposes of subsection (6) whether or not the

45

person concerned has previously been arrested or detained under

section 4D or arrested under this section.

 
 

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

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4F      

Sections 4D and 4E: supplementary provisions

(1)   

This section has effect for the purposes of sections 4D and 4E.

(2)   

A “designated person” is a person designated by the Secretary of State

or the Scottish Ministers.

(3)   

The appropriate judge is—

5

(a)   

in England and Wales, any District Judge (Magistrates’ Courts)

who is designated for those purposes by the Lord Chief Justice

after consulting the Lord Chancellor;

(b)   

in Scotland, the sheriff of Lothian and Borders; and

(c)   

in Northern Ireland, any county court judge or resident

10

magistrate who is designated for those purposes by the Lord

Chief Justice of Northern Ireland after consulting the Lord

Chancellor.

(4)   

A designation under subsection (2) or (3)(a) or (c) may be made—

(a)   

for the purposes of section 4D or 4E (or both); and

15

(b)   

for all cases or only for cases (or cases of a description) specified

in the designation.

(5)   

A designated person shall have all the powers, authority, protection

and privileges of a constable in any part of the United Kingdom in

which a person who may be arrested under section 4D or 4E is for the

20

time being.”

94      

Amendments relating to Scotland

(1)   

The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47)

made by section 44(2) and (3) of the Police and Justice Act 2006 (c.48) (which

amend the requirement for the prisoner’s consent to any transfer to or from the

25

United Kingdom) apply in relation to cases in which the relevant Minister for

the purposes of section 1 is the Scottish Ministers as they apply in other cases.

(2)   

In section 2(6) of the Repatriation of Prisoners Act 1984 (transfer out of the

United Kingdom) in the definition of “hospital order”, after “1986” insert “or a

compulsion order under section 57A of the Criminal Procedure (Scotland) Act

30

1995”.

(3)   

In section 8(1) (interpretation etc.), before the definition of “international

arrangements” insert—

““enactment” includes an enactment comprised in, or in an

instrument under, an Act of the Scottish Parliament;”.

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Mutual legal assistance in revenue matters

95      

Power to transfer functions under Crime (International Co-operation) Act

2003 in relation to direct taxation

(1)   

In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32)

(exercise of powers by others)—

40

(a)   

in paragraph (a), for “Commissioners of Customs and Excise”

substitute “Commissioners for Revenue and Customs”; and

 
 

Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

72

 

(b)   

in paragraph (b), for “a customs officer” substitute “an officer of

Revenue and Customs”.

(2)   

Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs

Act 2005 (c. 11) (power under section 27(1) not applicable to former inland

revenue matters etc.) ceases to have effect.

5

Part 7

Violent Offender Orders

Violent offender orders

96      

Violent offender orders

(1)   

A violent offender order is an order made in respect of a qualifying offender

10

which—

(a)   

contains such prohibitions, restrictions or conditions as the court

making the order considers necessary for the purpose of protecting the

public from the risk of serious violent harm caused by the offender, and

(b)   

has effect for a period of at least 2 years specified in the order (unless

15

renewed or discharged under section 100).

(2)   

For the purposes of this Part any reference to protecting the public from the

risk of serious violent harm caused by a person is a reference to protecting—

(a)   

the public in the United Kingdom, or

(b)   

any particular members of the public in the United Kingdom,

20

   

from the risk of serious physical or psychological harm caused by that person

committing one or more specified offences.

(3)   

In this Part “specified offence” means—

(a)   

manslaughter;

(b)   

an offence under section 4 of the Offences against the Person Act 1861

25

(c. 100) (soliciting murder);

(c)   

an offence under section 18 of that Act (wounding with intent to cause

grievous bodily harm);

(d)   

an offence under section 20 of that Act (malicious wounding); or

(e)   

attempting to commit murder or conspiracy to commit murder.

30

97      

Qualifying offenders

(1)   

In this Part “qualifying offender” means a person within subsection (2) or (4).

(2)   

A person is within this subsection if (whether before or after the

commencement of this Part)—

(a)   

the person has been convicted of a specified offence and given a

35

custodial sentence of at least 12 months for the offence,

(b)   

the person has been found not guilty of a specified offence by reason of

insanity and subsection (3) applies, or

(c)   

the person has been found to be under a disability and to have done the

act charged in respect of a specified offence and subsection (3) applies.

40

(3)   

This subsection applies in the case of a person within (2)(b) or (2)(c) if the court

made in respect of the offence—

 
 

Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

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(a)   

a hospital order (with or without a restriction order), or

(b)   

a supervision order.

(4)   

A person is within this subsection if, under the law in force in a country outside

England and Wales (and whether before or after the commencement of this

Part)—

5

(a)   

the person has been convicted of a relevant offence and sentenced for

the offence to a period of imprisonment or other detention of at least 12

months,

(b)   

a court exercising jurisdiction under that law has made in respect of a

relevant offence a finding equivalent to a finding that the person was

10

not guilty by reason of insanity, and has made in respect of the offence

an order equivalent to one mentioned in subsection (3), or

(c)   

such a court has, in respect of a relevant offence, made a finding

equivalent to a finding that the person was under a disability and did

the act charged in respect of the offence, and has made in respect of the

15

offence an order equivalent to one mentioned in subsection (3).

(5)   

In subsection (4) “relevant offence” means an act which—

(a)   

constituted an offence under the law in force in the country concerned,

and

(b)   

would have constituted a specified offence if it had been done in

20

England and Wales.

(6)   

An act punishable under the law in force in a country outside England and

Wales constitutes an offence under that law for the purposes of subsection (5)

however it is described in that law.

(7)   

Subject to subsection (8), on an application under section 98 the condition in

25

subsection (5)(b) (where relevant) is to be taken as met in relation to the person

to whom the application relates (“P”) unless, not later than rules of court may

provide, P serves on the applicant a notice—

(a)   

denying that, on the facts as alleged with respect to the act in question,

the condition is met,

30

(b)   

giving the reasons for denying that it is met, and

(c)   

requiring the applicant to prove that it is met.

(8)   

If the court thinks fit, it may permit P to require the applicant to prove that the

condition is met even though no notice has been served under subsection (7).

98      

Applications for violent offender orders

35

(1)   

A chief officer of police may by complaint to a magistrates’ court apply for a

violent offender order to be made in respect of a person—

(a)   

who resides in the chief officer’s police area, or

(b)   

who the chief officer believes is in, or is intending to come to, that area,

   

if it appears to the chief officer that the conditions in subsection (2) are met.

40

(2)   

The conditions are—

(a)   

that the person is a qualifying offender, and

(b)   

that the person has, since the appropriate date, acted in such a way as

to give reasonable cause to believe that it is necessary for a violent

offender order to be made in respect of the person.

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Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders

74

 

(3)   

An application under this section may be made to any magistrates’ court

whose commission area includes—

(a)   

any part of the applicant’s police area, or

(b)   

any place where it is alleged that the person acted in such a way as is

mentioned in subsection (2)(b).

5

(4)   

Before making an application under this section in respect of a person who will

be under 18 at the time of the application, the applicant must consult any

member of a team established under section 39 of the Crime and Disorder Act

1998 (c. 37) (youth offending teams).

(5)   

The Secretary of State may by order make provision—

10

(a)   

for applications under this section to be made by such persons or

bodies as are specified or described in the order;

(b)   

specifying cases or circumstances in which applications may be so

made;

(c)   

for provisions of this Part to apply, in relation to the making of

15

applications (or cases where applications are made) by any such

persons or bodies, with such modifications as are specified in relation

to them in the order.

(6)   

In this Part “the appropriate date” means the date (or, as the case may be, the

first date) on which the person became a person within any of paragraphs (a)

20

to (c) of section 97(2) or (4), whether that date fell before or after the

commencement of this Part.

99      

Making of violent offender orders

(1)   

A magistrates’ court may make a violent offender order in respect of the person

to whom an application under section 98 relates (“P”) if it is satisfied that the

25

conditions in subsection (2) are met.

(2)   

The conditions are—

(a)   

that P is a qualifying offender,

(b)   

that P has, since the appropriate date, acted in such a way as to make it

necessary to make a violent offender order for the purpose of

30

protecting the public from the risk of serious violent harm caused by P.

(3)   

When deciding whether it is necessary to make such an order for that purpose,

the court must have regard to whether P would, at any time when such an

order would be in force, be subject under any other enactment to any measures

that would operate to protect the public from the risk of such harm.

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(4)   

A violent offender order may not be made so as to come into force at any time

when P—

(a)   

is subject to a custodial sentence imposed in respect of any offence,

(b)   

is on licence for part of the term of such a sentence, or

(c)   

is subject to a hospital order or a supervision order made in respect of

40

any offence.

(5)   

But such an order may be applied for, and made, at such a time.

 
 

 
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