Criminal Justice and Immigration Bill

House of Lords

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 8 — Anti-social behaviour
89

121
Nuisance or disturbance on HSS premises
Schedule 21 makes provision for Northern Ireland corresponding to the
provision made for England by sections 118 to 120.
Anti-social behaviour orders etc. in respect of children and young persons
122
Review of anti-social behaviour orders etc.
5
(1)
In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and
disorder) after section 1I insert—
“1J
Review of orders under sections 1, 1B and 1C
(1)
This section applies where—
(a)
an anti-social behaviour order,
10
(b)
an order under section 1B, or
(c)
an order under section 1C,

has been made in respect of a person under the age of 17.
(2)
If—
(a)
the person subject to the order will be under the age of 18 at the
15
end of a period specified in subsection (3) (a “review period”),
and
(b)
the term of the order runs until the end of that period or beyond,

then before the end of that period a review of the operation of the order
shall be carried out.
20
(3)
The review periods are—
(a)
the period of 12 months beginning with—
(i)
the day on which the order was made, or
(ii)
if during that period there is a supplemental order (or
more than one), the date of the supplemental order (or
25
the last of them);
(b)
a period of 12 months beginning with—
(i)
the day after the end of the previous review period, or
(ii)
if during that period there is a supplemental order (or
more than one), the date of the supplemental order (or
30
the last of them).
(4)
In subsection (3) “supplemental order” means—
(a)
a further order varying the order in question;
(b)
an individual support order made in relation to the order in
question on an application under section 1AA(1A).
35
(5)
Subsection (2) does not apply in relation to any review period if the
order is discharged before the end of that period.
(6)
A review under this section shall include consideration of—
(a)
the extent to which the person subject to the order has complied
with it;
40
(b)
the adequacy of any support available to the person to help him
comply with it;

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Part 8 — Anti-social behaviour
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(c)
any matters relevant to the question whether an application
should be made for the order to be varied or discharged.
(7)
Those carrying out or participating in a review under this section shall
have regard to any guidance issued by the Secretary of State when
considering—
5
(a)
how the review should be carried out;
(b)
what particular matters should be dealt with by the review;
(c)
what action (if any) it would be appropriate to take in
consequence of the findings of the review.
1K
Responsibility for, and participation in, reviews under section 1J
10
(1)
A review under section 1J of an anti-social behaviour order or an order
under section 1B shall be carried out by the relevant authority that
applied for the order.
(2)
A review under section 1J of an order under section 1C shall be carried
out—
15
(a)
(except where paragraph (b) applies) by the appropriate chief
officer of police;
(b)
where a relevant authority is specified under section 1C(9ZA),
by that authority.
(3)
A local authority, in carrying out a review under section 1J, shall act in
20
co-operation with the appropriate chief officer of police; and it shall be
the duty of that chief officer to co-operate in the carrying out of the
review.
(4)
The chief officer of police of a police force, in carrying out a review
under section 1J, shall act in co-operation with the appropriate local
25
authority; and it shall be the duty of that local authority to co-operate
in the carrying out of the review.
(5)
A relevant authority other than a local authority or chief officer of
police, in carrying out a review under section 1J, shall act in co-
operation with—
30
(a)
the appropriate local authority, and
(b)
the appropriate chief officer of police;

and it shall be the duty of that local authority and that chief officer to
co-operate in the carrying out of the review.
(6)
A chief officer of police or other relevant authority carrying out a
35
review under section 1J may invite the participation in the review of a
person or body not required by subsection (3), (4) or (5) to co-operate in
the carrying out of the review.
(7)
In this section—
“the appropriate chief officer of police” means the chief officer of
40
police of the police force maintained for the police area in which
the person subject to the order resides or appears to reside;
“the appropriate local authority” means the council for the local
government area (within the meaning given in section 1(12)) in
which the person subject to the order resides or appears to
45
reside.”

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Part 8 — Anti-social behaviour
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(2)
In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and
1F” substitute “1C, 1CA, 1E, IF and 1K”.
(3)
In section 1C of that Act (orders on conviction in criminal proceedings) after
section (9) insert—
“(9ZA)
An order under this section made in respect of a person under the age
5
of 17, or an order varying such an order, may specify a relevant
authority (other than the chief officer of police mentioned in section
1K(2)(a)) as being responsible for carrying out a review under section
1J of the operation of the order.”
123
Individual support orders
10
(1)
In section 1AA of the Crime and Disorder Act 1998 (c. 37) (individual support
orders) for subsection (1) and the words in subsection (2) before paragraph (a)
substitute—
“(1)
This section applies where a court makes an anti-social behaviour order
in respect of a defendant who is a child or young person when that
15
order is made.
(1A)
This section also applies where—
(a)
an anti-social behaviour order has previously been made in
respect of such a defendant;
(b)
an application is made by complaint to the court which made
20
that order, by the relevant authority which applied for it, for an
order under this section; and
(c)
at the time of the hearing of the application—
(i)
the defendant is still a child or young person, and
(ii)
the anti-social behaviour order is still in force.
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(1B)
The court must consider whether the individual support conditions are
fulfilled and, if satisfied that they are, must make an individual support
order.
(2)
An individual support order is an order which—”.
(2)
In subsection (3)(a) of that section, for the words after “the kind of behaviour
30
which led to” substitute “the making of—
(i)
the anti-social behaviour order, or
(ii)
an order varying that order (in a case where the
variation is made as a result of further anti-social
behaviour by the defendant);”.
35
(3)
In subsection (5) of that section, for “which led to the making of the anti-social
behaviour order” substitute “mentioned in subsection (3)(a) above”.
(4)
In section 1(1A) of that Act (meaning of “relevant authority”) after “and
sections” insert “1AA,”.
(5)
In section 1AB of that Act (which makes further provision about individual
40
support orders) after subsection (5) insert—
“(5A)
The period specified as the term of an individual support order made
on an application under section 1AA(1A) above must not be longer

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than the remaining part of the term of the anti-social behaviour order
as a result of which it is made.”
(6)
In section 1B of that Act (orders in county court proceedings) after subsection
(7) insert—
“(8)
Sections 1AA and 1AB apply in relation to orders under this section,
5
with any necessary modifications, as they apply in relation to anti-
social behaviour orders.
(9)
In their application by virtue of subsection (8), sections 1AA(1A)(b) and
1AB(6) have effect as if the words “by complaint” were omitted.”
(7)
In section 1C of that Act (orders on conviction in criminal proceedings) after
10
subsection (9A) insert—
“(9AA)
Sections 1AA and 1AB apply in relation to orders under this section,
with any necessary modifications, as they apply in relation to anti-
social behaviour orders.
(9AB)
In their application by virtue of subsection (9AA), sections 1AA(1A)(b)
15
and 1AB(6) have effect as if the words “by complaint” were omitted.
(9AC)
In its application by virtue of subsection (9AA), section 1AA(1A)(b) has
effect as if the reference to the relevant authority which applied for the
anti-social behaviour order were a reference to the chief officer of
police, or other relevant authority, responsible under section 1K(2)(a)
20
or (b) for carrying out a review of the order under this section.”
Parenting contracts and parenting orders
124
Parenting contracts and parenting orders: local authorities
(1)
Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is
amended as follows.
25
(2)
In section 29(1) (interpretation) in the definition of “local authority” for
paragraphs (b) and (c) substitute—
“(aa)
a district council in England;”.
(3)
In section 26B (parenting orders: registered social landlords)—
(a)
in subsection (8), after “the local authority” insert “(or, if subsection
30
(8A) applies, each local authority)”;
(b)
after that subsection insert—
“(8A)
This subsection applies if the place where the child or young
person resides or appears to reside is within the area of a county
council and within the area of a district council.”;
35
(c)
in subsection (10)(a), after “the local authority” insert “(or authorities)”.
(4)
In section 27 (parenting orders: supplemental) for subsection (3A) substitute—
“(3A)
Proceedings for an offence under section 9(7) of the 1998 Act (parenting
orders: breach of requirement etc.) as applied by subsection (3)(b)
above may be brought by any of the following local authorities—
40
(a)
the local authority that applied for the order, if the child or
young person, or the person alleged to be in breach, resides or
appears to reside in that authority’s area;

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Part 9 — Policing
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(b)
the local authority of the child or young person, if that child or
young person does not reside or appear to reside in the area of
the local authority that applied for the order;
(c)
the local authority of the person alleged to be in breach, if that
person does not reside or appear to reside in the area of the local
5
authority that applied for the order.
(3B)
For the purposes of subsection (3A)(b) and (c)—
(a)
an individual’s local authority is the local authority in whose
area the individual resides or appears to reside; but
(b)
if the place where an individual resides or appears to reside is
10
within the area of a county council and within the area of a
district council, a reference to that individual’s local authority is
to be read as a reference to either of those authorities.”
Part 9
Policing
15
Misconduct procedures etc.
125
Police misconduct and performance procedures
(1)
Part 1 of Schedule 22—
(a)
amends the Police Act 1996 (c. 16) to make provision for or in
connection with disciplinary and other proceedings in respect of the
20
conduct and performance of members of police forces and special
constables, and
(b)
makes other minor amendments to that Act.
(2)
Part 2 of that Schedule makes equivalent amendments to the Ministry of
Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence
25
Police.
(3)
Part 3 of that Schedule makes equivalent amendments to the Railways and
Transport Safety Act 2003 (c. 20) for the purposes of the British Transport
Police.
126
Investigation of complaints of police misconduct etc.
30
Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further
provision about the investigation of complaints of police misconduct and other
matters.
Financial assistance
127
Financial assistance under section 57 of the Police Act 1996
35
(1)
After section 57(1) of the Police Act 1996 (common services: power for
Secretary of State to provide and maintain etc. organisations, facilities and
services which promote the efficiency or effectiveness of police) insert—
“(1A)
The power conferred by subsection (1) includes power to give financial
assistance to any person in connection with the provision or
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Part 10 — Special immigration status
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maintenance of such organisations, facilities and services as are
mentioned in that subsection.
(1B)
Financial assistance under subsection (1)—
(a)
may, in particular, be given in the form of a grant, loan or
guarantee or investment in a body corporate; and
5
(b)
may be given subject to terms and conditions determined by the
Secretary of State;

but any financial assistance under that subsection other than a grant
requires the consent of the Treasury.
(1C)
Terms and conditions imposed under subsection (1B)(b) may include
10
terms and conditions as to repayment with or without interest.
(1D)
Any sums received by the Secretary of State by virtue of terms and
conditions imposed under that subsection are to be paid into the
Consolidated Fund.”
(2)
Any loan made by the Secretary of State by virtue of section 57 of the Police Act
15
1996 (c. 16) and outstanding on the day on which this Act is passed is to be
treated as if it were a loan made in accordance with that section as amended by
subsection (1) above.
Inspection
128
Inspection of police authorities
20
In section 54 of the Police Act 1996 (appointment and functions of inspectors of
constabulary) for subsection (2A) substitute—
“(2A)
The inspectors of constabulary may carry out an inspection of, and
report to the Secretary of State on, a police authority’s performance of
its functions or of any particular function or functions (including in
25
particular its compliance with the requirements of Part 1 of the Local
Government Act 1999 (best value)).”
Part 10
Special immigration status
129
Designation
30
(1)
The Secretary of State may designate a person who satisfies Condition 1 or 2
(subject to subsections (4) and (5)).
(2)
Condition 1 is that the person—
(a)
is a foreign criminal within the meaning of section 130, and
(b)
is liable to deportation, but cannot be removed from the United
35
Kingdom because of section 6 of the Human Rights Act 1998 (c. 42)
(public authority not to act contrary to Convention).
(3)
Condition 2 is that the person is a member of the family of a person who
satisfies Condition 1.
(4)
A person who has the right of abode in the United Kingdom may not be
40
designated.

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(5)
The Secretary of State may not designate a person if the Secretary of State
thinks that an effect of designation would breach—
(a)
the United Kingdom’s obligations under the Refugee Convention, or
(b)
the person’s rights under the Community treaties.
130
“Foreign criminal”
5
(1)
For the purposes of section 129 “foreign criminal” means a person who—
(a)
is not a British citizen, and
(b)
satisfies any of the following Conditions.
(2)
Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality,
Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of
10
the Refugee Convention: imprisonment for at least two years).
(3)
Condition 2 is that—
(a)
section 72(4)(a) or (b) of that Act applies to the person (person convicted
of specified offence), and
(b)
the person has been sentenced to a period of imprisonment.
15
(4)
Condition 3 is that Article 1F of the Refugee Convention applies to the person
(exclusions for criminals etc.).
(5)
Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has
no effect in relation to Condition 1 or 2.
(6)
Section 72(7) of that Act (non-application pending appeal) has no effect in
20
relation to Condition 1 or 2.
131
Effect of designation
(1)
A designated person does not have leave to enter or remain in the United
Kingdom.
(2)
For the purposes of a provision of the Immigration Acts and any other
25
enactment which concerns or refers to immigration or nationality (including
any provision which applies or refers to a provision of the Immigration Acts or
any other enactment about immigration or nationality) a designated person—
(a)
is a person subject to immigration control,
(b)
is not to be treated as an asylum-seeker or a former asylum-seeker, and
30
(c)
is not in the United Kingdom in breach of the immigration laws.
(3)
Despite subsection (2)(c), time spent in the United Kingdom as a designated
person may not be relied on by a person for the purpose of an enactment about
nationality.
(4)
A designated person—
35
(a)
shall not be deemed to have been given leave in accordance with
paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of
leave or refusal), and
(b)
may not be granted temporary admission to the United Kingdom
under paragraph 21 of that Schedule.
40
(5)
Sections 133 and 134 make provision about support for designated persons and
their dependants.