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 7 — Violent Offender Orders
81

108
Notification requirements: travel outside United Kingdom
(1)
The Secretary of State may by regulations make provision with respect to
offenders subject to notification requirements, or any description of such
offenders—
(a)
requiring such persons, before they leave the United Kingdom, to give
5
in accordance with the regulations a notification under subsection (2);
(b)
requiring such persons, if they subsequently return to the United
Kingdom, to give in accordance with the regulations a notification
under subsection (3).
(2)
A notification under this subsection must disclose—
10
(a)
the date on which the offender proposes to leave the United Kingdom;
(b)
the country (or, if there is more than one, the first country) to which the
offender proposes to travel and the proposed point of arrival
(determined in accordance with the regulations) in that country;
(c)
any other information prescribed by the regulations which the offender
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holds about the offender’s departure from or return to the United
Kingdom, or about the offender’s movements while outside the United
Kingdom.
(3)
A notification under this subsection must disclose any information prescribed
by the regulations about the offender’s return to the United Kingdom.
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109
Method of notification and related matters
(1)
An offender gives a notification to the police under section 105(1), 106(1) or
107(1) by—
(a)
attending at any police station in the offender’s local police area, and
(b)
giving an oral notification to any police officer, or to any person
25
authorised for the purpose by the officer in charge of the station.
(2)
An offender giving a notification under section 106(1)—
(a)
in relation to a prospective change of home address, or
(b)
in relation to such premises as are mentioned in section 106(2)(c),
may also give the notification at a police station that would fall within
30
subsection (1)(a) above if the change of home address had already occurred or
(as the case may be) the premises in question were the offender’s home
address.
(3)
Any notification given in accordance with this section must be acknowledged;
and the acknowledgement must be—
35
(a)
in writing, and
(b)
in such form as the Secretary of State may direct.
(4)
Where a notification is given under section 105(1), 106(1) or 107(1), the offender
must, if requested to do so by the police officer or other person mentioned in
subsection (1)(b) above, allow that officer or person to—
40
(a)
take the offender’s fingerprints,
(b)
photograph any part of the offender, or
(c)
do both of those things,
in order to verify the offender’s identity.
(5)
In this section—
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Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders
82

“local police area”, in relation to the offender, means—
(a)
the police area in England and Wales in which the home
address is situated,
(b)
in the absence of a home address in England and Wales, the
police area in England and Wales in which the home address
5
last notified is situated, or
(c)
in the absence of such a home address and any such notification,
the police area in which the court that made the violent offender
order (or, as the case may be, the interim violent offender order)
is situated;
10
“photograph” includes any process by means of which an image may be
produced.
110
Notification requirements to be complied with by parents of young offenders
(1)
This section applies where—
(a)
a violent offender order, or
15
(b)
an interim violent offender order,

is made in respect of an offender who is under 18 at the time when the order is
made (“the young offender”).
(2)
The court making the order may direct that subsection (3) applies in respect of
an individual having parental responsibility for the young offender (“the
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parent”).
(3)
Where this subsection applies—
(a)
the obligations that would (apart from this subsection) be imposed on
the young offender by or under sections 105 to 108 are to be treated
instead as obligations of the parent, and
25
(b)
the parent must ensure that the young offender accompanies the parent
to the police station on each occasion when a notification is being given.
(4)
A direction under subsection (2) takes immediate effect and applies—
(a)
until the young offender attains the age of 18, or
(b)
for such shorter period as the court may direct at the time when it gives
30
the direction under subsection (2).
(5)
A chief officer of police may, by complaint to any magistrates’ court whose
commission area includes any part of the chief officer’s police area, apply for a
direction under subsection (2) in respect of an offender subject to notification
requirements—
35
(a)
who resides in that police area, or who the chief officer believes is in or
is intending to come to that police area, and
(b)
who the chief officer believes is under 18.
(6)
For this purpose the reference in subsection (2) to the court making the order
is to be read as a reference to the court referred to in subsection (5).
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111
Parental directions: notification requirements imposed on parents of young
offenders
(1)
This section applies where a direction has been given by a magistrates’ court
under section 110.

Criminal Justice and Immigration Bill
Part 7 — Violent Offender Orders
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(2)
A person within subsection (3) may, by complaint to that court, apply for an
order varying, renewing or discharging the direction.
(3)
The persons are—
(a)
the young offender;
(b)
the parent;
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(c)
the chief officer of police for the police area in which the young offender
resides;
(d)
a chief officer of police who believes that the young offender is in, or is
intending to come to, the chief officer’s police area;
(e)
where the direction was made on an application under section 110(5),
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the chief officer of police who made the application.
(4)
On an application under subsection (1) the court, after hearing—
(a)
the applicant, and
(b)
any other persons within subsection (3) who wish to be heard,

may make such order varying, renewing or discharging the direction as the
15
court considers appropriate.
Supplementary
112
Offences
(1)
If a person fails, without reasonable excuse, to comply with any prohibition,
restriction or condition contained in—
20
(a)
a violent offender order, or
(b)
an interim violent offender order,

the person commits an offence.
(2)
If a person fails, without reasonable excuse, to comply with—
(a)
section 105(1), 106(1) or (6)(b), 107(1), 109(4) or 110(3)(b), or
25
(b)
any requirement imposed by regulations made under section 108(1),

the person commits an offence.
(3)
If a person notifies to the police, in purported compliance with—
(a)
section 105(1), 106(1) or 107(1), or
(b)
any requirement imposed by regulations made under section 108(1),
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any information which the person knows to be false, the person commits an
offence.
(4)
As regards an offence under subsection (2), so far as it relates to non-
compliance with—
(a)
section 105(1), 106(1) or 107(1), or
35
(b)
any requirement imposed by regulations made under section 108(1),

a person commits such an offence on the first day on which the person first
fails, without reasonable excuse, to comply with the provision mentioned in
paragraph (a) or (as the case may be) the requirement mentioned in paragraph
(b), and continues to commit it throughout any period during which the failure
40
continues.
(5)
But a person must not be prosecuted under subsection (2) more than once in
respect of the same failure.

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(6)
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
5 years or a fine or both.
5
(7)
In subsection (6)(a) “the relevant period” means—
(a)
in relation to England and Wales and Scotland, 12 months;
(b)
in relation to Northern Ireland, 6 months.
(8)
Proceedings for an offence under this section may be commenced in any court
having jurisdiction in any place where the person charged with the offence
10
resides or is found.
113
Supply of information to Secretary of State etc.
(1)
This section applies to information notified to the police under section 105(1),
106(1) or 107(1).
(2)
A chief officer of police may, for the purposes of the prevention, detection,
15
investigation or prosecution of offences under this Part, supply information to
which this section applies to—
(a)
the Secretary of State, or
(b)
a person providing services to the Secretary of State in connection with
a relevant function,
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for use for the purpose of verifying the information.
(3)
In relation to information supplied to any person under subsection (2), the
reference to verifying the information is a reference to—
(a)
checking its accuracy by comparing it with information held—
(i)
where the person is the Secretary of State, by that person in
25
connection with the exercise of a relevant function, or
(ii)
where the person is within subsection (2)(b), by that person in
connection with the provision of services as mentioned there,
and
(b)
compiling a report of that comparison.
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(4)
Subject to subsection (5), the supply of information under this section is to be
taken not to breach any restriction on the disclosure of information (however
arising).
(5)
This section does not authorise the doing of anything that contravenes the Data
Protection Act 1998 (c. 29).
35
(6)
This section does not affect any power to supply information that exists apart
from this section.
(7)
In this section “relevant function” means—
(a)
a function relating to social security, child support, employment or
training,
40
(b)
a function relating to passports, or
(c)
a function under Part 3 of the Road Traffic Act 1988 (c. 52).