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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Schedule 7 — The Commissioner’s complaints remit
Part 1 — The specified matters

155

 

Schedule 7

Section 30

 

The Commissioner’s complaints remit

Part 1

The specified matters

1          

Any matter relating to the way in which a person has been treated at any

5

applicable premises while being held there.

2          

Any matter relating to the way in which a person has been treated by prison

officers or prisoner custody officers while in their custody, or under their

control or escort, anywhere in the world.

           

Note: The matters covered by this paragraph include matters affecting a

10

person who has been charged with or convicted of an offence which relate

to the exercise of the statutory functions of a prison officer or a prisoner

custody officer.

3          

Any matter relating to the exercise—

(a)   

in relation to a person who has been charged with or convicted of an

15

offence, of any statutory function of the Secretary of State relating to

applicable premises (other than approved premises) or persons held

there; or

(b)   

in relation to a person being held in approved premises, of any

statutory function of the Secretary of State relating to approved

20

premises or persons held there.

4          

Any matter relating to the conduct of a local probation board or officer of a

local probation board in connection with responsibilities assumed by the

board or officer in relation to a person who has been charged with or

convicted of an offence.

25

           

Note: The reference to a local probation board includes a reference to a

person acting in pursuance of arrangements of the kind mentioned in

section 5(2) of the Criminal Justice and Court Services Act 2000 (c. 43).

5          

Any matter relating to the conduct of a provider of probation services or an

officer of a provider of probation services in connection with responsibilities

30

assumed by the provider or officer in relation to a person who has been

charged with or convicted of an offence.

           

Note: The reference to a provider of probation services includes a reference

to a person acting in pursuance of arrangements of the kind mentioned in

section 3(3)(c)(i) of the Offender Management Act 2007.

35

6          

Any matter relating to the way in which a person has been treated at any

immigration detention premises (other than excepted premises) while being

detained there under the Immigration Act 1971 (c. 77) or under section 62 of

the Nationality, Immigration and Asylum Act 2002 (c. 41).

7          

Any matter relating to the way in which a person has been treated by

40

immigration custody officers while in their custody, or under their control

or escort, anywhere in the world (other than at immigration detention

premises).

 

 

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4

156

 

Part 2

Supplementary

8          

In this Schedule “statutory functions” means functions conferred by or

under any Act (including, in the case of prison officers, functions exercisable

by virtue of section 8 of the Prison Act 1952 (c. 52).

5

9          

In paragraph 3 the references to the Secretary of State are references to the

Secretary of State having responsibility for prisons.

Schedule 8

Section 35

 

The Commissioner’s deaths remit

1          

A death of a person at any applicable premises while being held there.

10

2          

A death of a person while in the custody, or under the control or escort, of

prison officers or prisoner custody officers anywhere in the world.

3          

A death of a person which the Commissioner is satisfied should be

investigated because it is or may be linked to events which have occurred—

(a)   

at any applicable premises while that person was being held there; or

15

(b)   

while that person was in the custody, or under the control or escort,

of prison officers or prisoner custody officers anywhere in the world.

4          

A death of a person at any immigration detention premises (other than

excepted premises or premises in Scotland) while being detained there

under the Immigration Act 1971 (c. 77) or under section 62 of the Nationality,

20

Immigration and Asylum Act 2002 (c. 41).

5          

A death of a person while in the custody, or under the control or escort, of

immigration custody officers anywhere in the world (other than

immigration detention premises).

6          

A death of a person which the Commissioner is satisfied should be

25

investigated because it is or may be linked to events which have occurred—

(a)   

at any immigration detention premises (other than excepted

premises or premises in Scotland) while that person was being

detained there; or

(b)   

while that person was in the custody, or under the control or escort,

30

of immigration custody officers anywhere in the world (other than

immigration detention premises).

Schedule 9

Section 48

 

Consequential amendments relating to Part 4

Parliamentary Commissioner Act 1967 (c. 13)

35

1     (1)  

In subsection (2) of section 11 of the Parliamentary Commissioner Act 1967

 

 

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4

157

 

(restrictions on disclosure of information) after paragraph (aa) insert—

“(ab)   

for the purposes of any consultation of the kind mentioned in

subsection (1) or (2) of section 42 of the Criminal Justice and

Immigration Act 2007;

(ac)   

for the purposes of any co-operation under subsection (3) of

5

that section;”.

      (2)  

After subsection (5) of that section insert—

“(6)   

Information which—

(a)   

is obtained from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

10

consultation of the kind mentioned in subsection (1) or (2) of

section 42 of the Criminal Justice and Immigration Act 2007

or for the purposes of any co-operation under subsection (3)

of that section, and

(b)   

is protected information within the meaning of section 44 of

15

that Act,

   

shall be treated for the purposes of subsection (2) of this section as

obtained in the course of an investigation under this Act; and, in

relation to such information, the reference in paragraph (a) of that

subsection to the investigation shall have effect as a reference to any

20

investigation.”

      (3)  

In Schedule 3 to that Act (matters not subject to investigation by the

Parliamentary Commissioner) after paragraph 12 insert—

“13        

Any matter which falls within the complaints or deaths remit of

Her Majesty’s Commissioner for Offender Management and

25

Prisons (within the meaning of Part 4 of the Criminal Justice and

Immigration Act 2007).”

      (4)  

Sub-paragraph (3) has no effect in relation to any matter which the

Parliamentary Commissioner for Administration has started to investigate

before the commencement of that sub-paragraph.

30

Local Government Act 1974 (c. 7)

2     (1)  

In subsection (2) of section 32 of the Local Government Act 1974 (restrictions

on disclosure of information) after paragraph (a) insert—

“(aa)   

for the purposes of any consultation of the kind mentioned in

subsection (1) or (2) of section 42 of the Criminal Justice and

35

Immigration Act 2007, or

(ab)   

for the purposes of any co-operation under subsection (3) of

that section, or”.

      (2)  

After subsection (7) of that section insert—

“(8)   

Information which—

40

(a)   

is obtained from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

consultation of the kind mentioned in subsection (1) or (2) of

section 42 of the Criminal Justice and Immigration Act 2007

or for the purposes of any co-operation under subsection (3)

45

of that section, and

 

 

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4

158

 

(b)   

is protected information within the meaning of section 44 of

that Act,

   

shall be treated for the purposes of subsection (2) above as obtained

in the course of an investigation under this Part of this Act; and, in

relation to such information, the reference in subsection (2)(a) above

5

to the investigation shall have effect as a reference to any

investigation.”

Health Service Commissioners Act 1993 (c. 46)

3     (1)  

In subsection (1) of section 15 of the Health Service Commissioners Act 1993

(restrictions on disclosure of information) after paragraph (aa) insert—

10

“(ab)   

for the purposes of any consultation of the kind mentioned in

subsection (1) or (2) of section 42 of the Criminal Justice and

Immigration Act 2007;

(ac)   

for the purposes of any co-operation under subsection (3) of

that section;”.

15

      (2)  

After subsection (4) of that section insert—

“(5)   

Information which—

(a)   

is obtained from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

consultation of the kind mentioned in subsection (1) or (2) of

20

section 42 of the Criminal Justice and Immigration Act 2007

or for the purposes of any co-operation under subsection (3)

of that section, and

(b)   

is protected information within the meaning of section 44 of

that Act,

25

   

shall be treated for the purposes of subsections (1) and (2) as obtained

in the course of an investigation; and, in relation to such information,

the reference in subsection (1)(a) to the investigation shall have effect

as a reference to any investigation.”

Data Protection Act 1998 (c. 29)

30

4          

In section 31(4) of the Data Protection Act 1998 (exceptions to data protection

requirements for ombudsmen), after paragraph (a)(i) insert—

“(ia)   

Her Majesty’s Commissioner for Offender

Management and Prisons;”.

Care Standards Act 2000 (c. 14)

35

5          

In section 76 of the Care Standards Act 2000 (further functions of the

Children’s Commissioner for Wales) after subsection (3) insert—

“(3A)   

The Commissioner may give advice and information to Her

Majesty’s Commissioner for Offender Management and Prisons for

the purposes of—

40

(a)   

any consultation of the kind mentioned in subsection (1) or

(2) of section 44 of the Criminal Justice and Immigration Act

2007; or

(b)   

any co-operation under subsection (3) of that section.”

 

 

Criminal Justice and Immigration Bill
Schedule 9 — Consequential amendments relating to Part 4

159

 

Freedom of Information Act 2000 (c. 36)

6     (1)  

In section 76(1) of the Freedom of Information Act 2000 (disclosure of

information between Information Commissioner and ombudsmen) in the

Table at the appropriate place insert—

 

“Her Majesty’s

Part 4 of the Criminal Justice

 

5

 

Commissioner for Offender

and Immigration Act 2007.”

 
 

Management and Prisons.

  

      (2)  

In Part 6 of Schedule 1 to that Act (public authorities) at the appropriate

place insert “Her Majesty’s Commissioner for Offender Management and

Prisons”.

10

Scottish Public Services Ombudsman Act 2002 (asp 11)

7     (1)  

Section 19 of the Scottish Public Services Ombudsman Act 2002 (asp 11)

(restrictions on disclosure of information) is amended as follows.

      (2)  

In subsection (2), after paragraph (a) insert—

“(aa)   

the purposes of any consultation of the kind mentioned in

15

subsection (1) or (2) of section 42 of the Criminal Justice and

Immigration Act 2007;

(ab)   

the purposes of any co-operation under subsection (3) of that

section;”.

      (3)  

After subsection (8) insert—

20

“(8A)   

Information which—

(a)   

is obtained from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

consultation of the kind mentioned in subsection (1) or (2) of

section 42 of the Criminal Justice and Immigration Act 2007

25

or for the purposes of any co-operation under subsection (3)

of that section, and

(b)   

is protected information within the meaning of section 44 of

that Act,

   

shall be treated for the purposes of subsections (1) and (5) as obtained

30

in connection with any matter in respect of which a complaint or

request has been made.”

      (4)  

In subsection (9), for “such information” substitute “information within

subsection (8) or (8A)”.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

35

8     (1)  

Section 26 of the Public Services Ombudsman (Wales) Act 2005 (disclosure

of information) is amended as follows.

      (2)  

In subsection (1), after paragraph (ba) insert—

“(bb)   

protected information (within the meaning of section 44 of

the Criminal Justice and Immigration Act 2007) obtained

40

from Her Majesty’s Commissioner for Offender

Management and Prisons for the purposes of any

 

 

Criminal Justice and Immigration Bill
Schedule 10 — Controlling authorities

160

 

consultation of the kind mentioned in section 42(1) or (2) of

that Act or for the purposes of any co-operation under section

42(3) of that Act;”.

      (3)  

In subsection (2), after paragraph (e) insert—

“(ea)   

for the purposes of any consultation of the kind mentioned in

5

subsection (1) or (2) of section 42 of the Criminal Justice and

Immigration Act 2007 or for the purposes of any co-operation

under subsection (3) of that section;”.

      (4)  

In subsection (6), for “or (b)” substitute “, (b) or (bb)”.

Schedule 10

10

Section 50

 

Controlling authorities

           

The Secretary of State.

           

Governors and directors of prisons, young offender institutions and secure

training centres.

           

Persons with whom the Secretary of State has made arrangements under

15

section 80 of the Criminal Justice Act 1991 (c. 53) or other relevant

contractors.

           

An independent monitoring board under section 6 of the Prison Act 1952

(c. 52).

           

The Youth Justice Board.

20

           

Local probation boards.

           

Organisations with which a local probation board has made arrangements

of the kind mentioned in section 5(2)(a) of the Criminal Justice and Court

Services Act 2000 (c. 43).

           

Providers of probation services whose arrangements under section 3(2) of

25

the Offender Management Act 2007 provide for them to be controlling

authorities for the purposes of this Part.

           

Persons with whom a provider of probation services has made

arrangements of the kind mentioned in section 3(3)(c)(i) of the Offender

Management Act 2007.

30

           

Managers of removal centres (within the meaning of Part 8 of the

Immigration and Asylum Act 1999 (c. 33)).

           

Managers of short-term holding facilities (within the meaning of Part 8 of the

Immigration and Asylum Act 1999).

           

Persons with whom the Secretary of State has made arrangements under

35

section 156 of the Immigration and Asylum Act 1999.

           

A visiting committee under section 152 of the Immigration and Asylum Act

1999.

 

 

 
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