Police and Justice Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 5 — Miscellaneous
33

“(3)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding the statutory maximum or to both;
(b)
on summary conviction in Scotland, to imprisonment for a term
5
not exceeding six months or to a fine not exceeding the statutory
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.”
41
Unauthorised acts with intent to impair operation of computer, etc
10
For section 3 of the 1990 Act (unauthorised modification of computer material)
there is substituted—
“3
Unauthorised acts with intent to impair, or with recklessness as to
impairing, operation of computer, etc.
(1)
A person is guilty of an offence if—
15
(a)
he does any unauthorised act in relation to a computer;
(b)
at the time when he does the act he knows that it is
unauthorised; and
(c)
either subsection (2) or subsection (3) below applies.
(2)
This subsection applies if the person intends by doing the act—
20
(a)
to impair the operation of any computer;
(b)
to prevent or hinder access to any program or data held in any
computer;
(c)
to impair the operation of any such program or the reliability of
any such data; or
25
(d)
to enable any of the things mentioned in paragraphs (a) to (c)
above to be done.
(3)
This subsection applies if the person is reckless as to whether the act
will do any of the things mentioned in paragraphs (a) to (d) of
subsection (2) above.
30
(4)
The intention referred to in subsection (2) above, or the recklessness
referred to in subsection (3) above, need not relate to—
(a)
any particular computer;
(b)
any particular program or data; or
(c)
a program or data of any particular kind.
35
(5)
In this section—
(a)
a reference to doing an act includes a reference to causing an act
to be done;
(b)
“act” includes a series of acts;
(c)
a reference to impairing, preventing or hindering something
40
includes a reference to doing so temporarily.
(6)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding the statutory maximum or to both;
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Police and Justice Bill
Part 5 — Miscellaneous
34

(b)
on summary conviction in Scotland, to imprisonment for a term
not exceeding six months or to a fine not exceeding the statutory
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
exceeding ten years or to a fine or to both.”
5
42
Making, supplying or obtaining articles for use in computer misuse offences
After section 3 of the 1990 Act there is inserted—
“3A
Making, supplying or obtaining articles for use in offence under
section 1 or 3
(1)
A person is guilty of an offence if he makes, adapts, supplies or offers
10
to supply any article—
(a)
intending it to be used to commit, or to assist in the commission
of, an offence under section 1 or 3; or
(b)
believing that it is likely to be so used.
(2)
A person is guilty of an offence if he obtains any article with a view to
15
its being supplied for use to commit, or to assist in the commission of,
an offence under section 1 or 3.
(3)
In this section “article” includes any program or data held in electronic
form.
(4)
A person guilty of an offence under this section shall be liable—
20
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding the statutory maximum or to both;
(b)
on summary conviction in Scotland, to imprisonment for a term
not exceeding six months or to a fine not exceeding the statutory
25
maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.”
43
Transitional and saving provision
(1)
The amendments made by subsection (2) of section 40 apply only where every
30
act or other event proof of which is required for conviction of an offence under
section 1 of the 1990 Act takes place after that subsection comes into force.
(2)
The amendments made by—
(a)
subsection 3 of section 40, and
(b)
paragraphs 20, 21, 22(4) and (5), 23, 24(2) and (7) and 25 of Schedule 15,
35

do not apply in relation to an offence committed before that subsection comes
into force.
(3)
An offence is not committed under the new section 3 unless every act or other
event proof of which is required for conviction of the offence takes place after
section 41 above comes into force.
40
(4)
In relation to a case where, by reason of subsection (3), an offence is not
committed under the new section 3—
(a)
section 3 of the 1990 Act has effect in the form in which it was enacted;
(b)
paragraphs 16, 22, 24(4) and (5) and 26 of Schedule 15 do not apply.

Police and Justice Bill
Part 5 — Miscellaneous
35

(5)
An offence is not committed under the new section 3A unless every act or other
event proof of which is required for conviction of the offence takes place after
section 42 above comes into force.
(6)
In the case of an offence committed before section 154(1) of the Criminal Justice
Act 2003 (c. 44) comes into force, the following provisions have effect as if for
5
“12 months” there were substituted “six months”—
(a)
paragraph (a) of the new section 1(3);
(b)
paragraph (a) of the new section 2(5);
(c)
subsection (6)(a) of the new section 3;
(d)
subsection (4)(a) of the new section 3A.
10
(7)
In this section—
(a)
“the new section 1(3)” means the subsection (3) substituted in section 1
of the 1990 Act by section 40 above;
(b)
“the new section 2(5)” means the subsection (5) substituted in section 2
of the 1990 Act by paragraph 14 of Schedule 15 to this Act;
15
(c)
“the new section 3” means the section 3 substituted in the 1990 Act by
section 41 above;
(d)
“the new section 3A” means the section 3A inserted in the 1990 Act by
section 42 above.
Forfeiture of indecent photographs of children
20
44
Forfeiture of indecent photographs of children: England and Wales
(1)
The Protection of Children Act 1978 (c. 37) is amended as follows.
(2)
In section 4 (entry, search and seizure)—
(a)
subsection (3) is omitted, and
(b)
for subsection (4) there is substituted—
25
“(4)
In this section “premises” has the same meaning as in the Police
and Criminal Evidence Act 1984 (see section 23 of that Act).”
(3)
For section 5 (forfeiture) there is substituted—
“5
Forfeiture

The Schedule to this Act makes provision about the forfeiture of
30
indecent photographs and pseudo-photographs.”
(4)
At the end of the Act there is inserted the Schedule set out in Schedule 12 to this
Act.
(5)
The amendment made by paragraph (b) of subsection (2) has effect only in
relation to warrants issued under section 4 of the Protection of Children Act
35
1978 after the commencement of that paragraph.
(6)
The amendments made by subsections (2)(a), (3) and (4) and Schedule 12 have
effect whether the property in question was lawfully seized before or after the
coming into force of those provisions.

This is subject to subsection (7).
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Police and Justice Bill
Part 5 — Miscellaneous
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(7)
Those amendments do not have effect in a case where the property has been
brought before a justice of the peace under section 4(3) of the Protection of
Children Act 1978 (c. 37) before the coming into force of those provisions.
45
Forfeiture of indecent photographs of children: Northern Ireland
(1)
The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047
5
(N.I. 17)) is amended as follows.
(2)
In Article 4 (entry, search and seizure), for paragraph (2) there is substituted—
“(2)
In this Article “premises” has the same meaning as in the Police and
Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341
(N.I. 12)) (see Article 25 of that Order).”
10
(3)
For Articles 5 and 6 (forfeiture) there is substituted—
“5
Forfeiture
The Schedule to this Order makes provision about the forfeiture of
indecent photographs and pseudo-photographs.”
(4)
At the end of the Order there is inserted the Schedule set out in Schedule 13.
15
(5)
The amendment made by subsection (2) has effect only in relation to warrants
granted under Article 4(1) of the Protection of Children (Northern Ireland)
Order 1978 (S.I. 1978/1047 (N.I. 17)) after the commencement of that
subsection.
(6)
The amendments made by subsections (3) and (4) and Schedule 13 have effect
20
whether the property in question was lawfully seized before or after the
coming into force of those provisions.

This is subject to subsection (7).
(7)
Those amendments do not have effect in a case where the property has been
brought before a resident magistrate under Article 5(1) of the Protection of
25
Children (Northern Ireland) Order 1978 before the coming into force of those
provisions.
Independent Police Complaints Commission
46
Immigration and asylum enforcement functions: complaints and misconduct
(1)
The Secretary of State may make regulations conferring functions on the
30
Independent Police Complaints Commission in relation to—
(a)
the exercise by immigration officers of specified enforcement functions;
(b)
the exercise by officials of the Secretary of State of specified
enforcement functions relating to immigration or asylum.
(2)
In subsection (1) the reference to enforcement functions includes, in particular,
35
reference to—
(a)
powers of entry,
(b)
powers to search persons or property,
(c)
powers to seize or detain property,
(d)
powers to arrest persons,
40
(e)
powers to detain persons,

Police and Justice Bill
Part 5 — Miscellaneous
37

(f)
powers to examine persons or otherwise to obtain information
(including powers to take fingerprints or to acquire other personal
data), and
(g)
powers in connection with the removal of persons from the United
Kingdom.
5
(3)
Regulations under subsection (1) may not confer functions on the Independent
Police Complaints Commission in relation to the exercise by any person of a
function conferred on him by or under Part 8 of the Immigration and Asylum
Act 1999 (c. 33).
(4)
Regulations under subsection (1)—
10
(a)
may apply (with or without modification) or make provision similar to
any provision of or made under Part 2 of the Police Reform Act 2002
(c. 30) (complaints);
(b)
may make provision for payment by the Secretary of State to or in
respect of the Independent Police Complaints Commission.
15
(5)
The Independent Police Complaints Commission and the Parliamentary
Commissioner for Administration may disclose information to each other for
the purposes of the exercise of a function—
(a)
by virtue of this section, or
(b)
under the Parliamentary Commissioner Act 1967 (c. 13).
20
(6)
The Independent Police Complaints Commission and the Parliamentary
Commissioner for Administration may jointly investigate a matter in relation
to which—
(a)
the Independent Police Complaints Commission has functions by
virtue of this section, and
25
(b)
the Parliamentary Commissioner for Administration has functions by
virtue of the Parliamentary Commissioner Act 1967.
(7)
Regulations under subsection (1) shall relate only to the exercise of functions in
or in relation to England and Wales.
(8)
In this section “immigration officer” means a person appointed as an
30
immigration officer under paragraph 1 of Schedule 2 to the Immigration Act
1971 (c. 77).
Extradition
47
Amendments to the Extradition Act 2003 etc
Schedule 14 (which in Part 1 makes amendments to the Extradition Act 2003
35
(c. 41) and in Part 2 makes other amendments concerning extradition) has
effect.
48
Designation of Part 2 territories: omission of United States of America
In the list of territories in paragraph 3(2) of the Extradition Act 2003
(Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) “the United
40
States of America” is omitted.