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
85

114
Supply of information by Secretary of State etc.
(1)
A report compiled under section 113 may be supplied to a chief officer of police
by—
(a)
the Secretary of State, or
(b)
a person within section 113(2)(b).
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(2)
Such a report may contain any information held—
(a)
by the Secretary of State in connection with the exercise of a relevant
function, or
(b)
by a person within section 113(2)(b) in connection with the provision of
services as mentioned there.
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(3)
Where such a report contains information within subsection (2), the chief
officer to whom it is supplied—
(a)
may retain the information, whether or not used for the purposes of the
prevention, detection, investigation or prosecution of an offence under
this Part, and
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(b)
may use the information for any purpose related to the prevention,
detection, investigation or prosecution of offences (whether or not
under this Part), but for no other purpose.
(4)
Subsections (4) to (7) of section 113 apply in relation to this section as they
apply in relation to section 113.
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115
Information about release or transfer
(1)
This section applies to an offender subject to notification requirements who
is—
(a)
serving a sentence of imprisonment or a term of service detention, or
(b)
detained in a hospital.
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(2)
The Secretary of State may by regulations make provision requiring the person
who is responsible for such an offender to give notice to specified persons—
(a)
of the fact that that person has become responsible for the offender; and
(b)
of any occasion when—
(i)
the offender is released, or
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(ii)
a different person is to become responsible for the offender.
(3)
In subsection (2) “specified persons” means persons specified, or of a
description specified, in the regulations.
(4)
The regulations may make provision for determining who is to be taken for the
purposes of this section as being responsible for an offender.
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116
Interpretation of Part 7
(1)
In this Part—
“the appropriate date” has the meaning given by section 98(6);
“country” includes territory;
“custodial sentence” has the meaning given by section 76 of the Powers of
40
Criminal Courts (Sentencing) Act 2000 (c. 6);
“home address” has the meaning given by section 105(5);

Criminal Justice and Immigration Bill
Part 8 — Anti-social behaviour
86

“hospital order” has the meaning given in section 37 of the Mental Health
Act 1983 (c. 20);
“interim violent offender order” means an order made under section 101;
“the offender”, in relation to a violent offender order or an interim violent
offender order, means the person in respect of whom the order is made;
5
“qualifying offender” has the meaning given by section 97(1);
“restriction order” has the meaning given in section 41 of the Mental
Health Act 1983;
“specified offence” has the meaning given by section 96(3);
“supervision order” has the meaning given by Schedule 1A to the
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Criminal Procedure (Insanity) Act 1964 (c. 84);
“violent offender order” has the meaning given by section 96(1).
(2)
References in this Part to protecting the public from the risk of serious violent
harm caused by a person are to be read in accordance with section 96(2).
(3)
References in this Part to an offender subject to notification requirements are to
15
be read in accordance with section 104.
(4)
The following expressions have the same meanings as in Part 2 of the Sexual
Offences Act 2003 (c. 42) (notifications and orders)—
“detained in a hospital” (see sections 133 and 135 of that Act);
“parental responsibility” (see section 133 of that Act);
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“sentence of imprisonment” (see section 131 of that Act);
“term of service detention” (see section 133(1) of that Act);
and references to a person having been found to be under a disability and to
have done the act charged are to be read in accordance with section 135 of that
Act.
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Part 8
Anti-social behaviour
Premises closure orders
117
Closure orders: premises associated with persistent disorder or nuisance
Schedule 20 inserts a new Part 1A into the Anti-social Behaviour Act 2003
30
(c. 38) which makes provision about the issue of closure notices and the
making of closure orders in respect of premises associated with persistent
disorder or nuisance.
Nuisance or disturbance on hospital premises
118
Offence of causing nuisance or disturbance on NHS premises
35
(1)
A person commits an offence if—
(a)
the person causes, without reasonable excuse and while on NHS
premises, a nuisance or disturbance to an NHS staff member who is
working there or is otherwise there in connection with work,

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Part 8 — Anti-social behaviour
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(b)
the person refuses, without reasonable excuse, to leave the NHS
premises when asked to do so by a constable or an NHS staff member,
and
(c)
the person is not on the NHS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself.
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(2)
A person who commits an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(3)
For the purposes of this section—
(a)
a person ceases to be on NHS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself once the person
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has received the advice, treatment or care, and
(b)
a person is not on NHS premises for the purpose of obtaining medical
advice, treatment or care for himself or herself if the person has been
refused the advice, treatment or care during the last 8 hours.
(4)
In this section—
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“hospital grounds” means land in the vicinity of a hospital and associated
with it,
“NHS premises” means—
(a)
any hospital vested in, or managed by, a relevant English NHS
body,
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(b)
any building or other structure, or vehicle, associated with the
hospital and situated on hospital grounds (whether or not
vested in, or managed by, a relevant English NHS body), and
(c)
the hospital grounds,
“NHS staff member” means a person employed by a relevant English
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NHS body or otherwise working for it (whether as or on behalf of a
contractor, as a volunteer or otherwise),
“relevant English NHS body” means—
(a)
a National Health Service trust (see section 25 of the National
Health Service Act 2006 (c. 41)), all or most of whose hospitals,
30
establishments and facilities are situated in England,
(b)
a Primary Care Trust (see section 18 of that Act), or
(c)
an NHS foundation trust (see section 30 of that Act), and
“vehicle” includes an air ambulance.
119
Power to remove person causing nuisance or disturbance
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(1)
If a constable reasonably suspects that a person is committing or has
committed an offence under section 118, the constable may remove the person
from the NHS premises concerned.
(2)
If an authorised officer reasonably suspects that a person is committing or has
committed an offence under section 118, the authorised officer may—
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(a)
remove the person from the NHS premises concerned, or
(b)
authorise an NHS staff member to do so.
(3)
Any person removing another person from NHS premises under this section
may use reasonable force (if necessary).
(4)
An authorised officer cannot remove a person under this section or authorise
45
another person to do so if the authorised officer has reason to believe that—

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Part 8 — Anti-social behaviour
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(a)
the person to be removed requires medical advice, treatment or care for
himself or herself, or
(b)
the removal of the person would endanger the person’s physical or
mental health.
(5)
In this section—
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“authorised officer” means any NHS staff member authorised by a
relevant English NHS body to exercise the powers conferred on an
authorised officer by this section, and
“NHS premises”, “NHS staff member” and “relevant English NHS body”
have the same meaning as in section 118.
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120
Guidance about the power to remove etc.
(1)
The Secretary of State may from time to time prepare and publish guidance to
relevant English NHS bodies and authorised officers about the powers in
section 119.
(2)
Such guidance may, in particular, relate to—
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(a)
the authorisation by relevant English NHS bodies of authorised
officers,
(b)
the authorisation by authorised officers of NHS staff members to
remove persons under section 119,
(c)
training requirements for authorised officers and NHS staff members
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authorised by them to remove persons under section 119,
(d)
matters that may be relevant to a consideration by authorised officers
for the purposes of section 119 of whether offences are being, or have
been, committed under section 118,
(e)
matters to be taken into account by authorised officers in deciding
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whether there is reason to believe that a person requires medical
advice, treatment or care for himself or herself or that the removal of a
person would endanger the person’s physical or mental health,
(f)
the procedure to be followed by authorised officers or persons
authorised by them before using the power of removal in section 119,
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(g)
the degree of force that it may be appropriate for authorised officers or
persons authorised by them to use in particular circumstances,
(h)
arrangements for ensuring that persons on NHS premises are aware of
the offence in section 118 and the powers of removal in section 119, or
(i)
the keeping of records.
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(3)
Before publishing guidance under this section, the Secretary of State must
consult such persons as the Secretary of State considers appropriate.
(4)
A relevant English NHS body and an authorised officer must have regard to
any guidance published under this section when exercising functions under, or
in connection with, section 119.
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(5)
In this section—
“authorised officer” has the same meaning as in section 119, and
“NHS premises”, “NHS staff member” and “relevant English NHS body”
have the same meaning as in section 118.