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 — Criminal law
86

124
Orders to promote rehabilitation
(1)
The Street Offences Act 1959 (c. 57) is amended as follows.
(2)
In section 1 (loitering or soliciting for purposes of prostitution) after subsection
(2) insert—
“(2A)
The court may deal with a person convicted of an offence under this
5
section by making an order under this subsection requiring the
offender to attend three meetings with the person for the time being
specified in the order (“the supervisor”) or with such other person as
the supervisor may direct.
(2B)
The purpose of an order under subsection (2A) is to assist the offender,
10
through attendance at those meetings, to—
(a)
address the causes of the conduct constituting the offence; and
(b)
find ways to cease engaging in such conduct in the future.
(2C)
Where the court is dealing with an offender who is already subject to
an order under subsection (2A) (“the original order”), the court may not
15
make a further order under that subsection unless it first revokes the
original order.
(2D)
If the court makes an order under subsection (2A) it may not impose
any other penalty in respect of the offence.”
(3)
After section 1 insert—
20
“1A
Orders under section 1(2A): supplementary
(1)
This section applies where a court proposes to make an order under
subsection (2A) of section 1 in relation to a person convicted of an
offence under that section (“the offender”).
(2)
The order may not be made unless a suitable person has agreed to act
25
as supervisor in relation to the offender.
(3)
In subsection (2) “suitable person” means a person appearing to the
court to have appropriate qualifications or experience for helping the
offender to make the best use of the meetings for the purpose
mentioned in section 1(2B).
30
(4)
The order must specify—
(a)
a date (not more than six months after the date of the order) by
which the meetings required by the order must take place;
(b)
the local justice area in which the offender resides or will reside
while the order is in force.
35
(5)
The meetings required by the order shall take place at such times and
places as the supervisor may determine and shall be of such duration
as he may determine.
(6)
It is the duty of the supervisor—
(a)
to make any arrangements that are necessary to enable the
40
meetings required by the order to take place; and
(b)
once the order has been complied with, to notify the court
which made the order of that fact.

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(7)
The court making the order must forthwith provide copies of it to the
offender and the supervisor.
(8)
Subsection (9) applies where—
(a)
the order is made by the Crown Court, or
(b)
the order is made by a magistrates’ court but specifies a local
5
justice area for which the court making the order does not act.
(9)
The court must provide to a magistrates’ court acting for the local
justice area specified in the order—
(a)
a copy of the order, and
(b)
any documents and information relating to the case that it
10
considers likely to be of assistance to that court in the exercise of
any functions in relation to the order.
(10)
An order under section 1(2A) (other than an order that is revoked
under section 1(2C) or under the Schedule to this Act) ceases to be in
force—
15
(a)
at the end of the day on which the supervisor notifies the court
that the order has been complied with, or
(b)
at the end of the day specified in the order under subsection
(4)(a),

whichever first occurs.
20
(11)
The Schedule to this Act (which relates to failure to comply with orders
under section 1(2A) and to the revocation or amendment of such
orders) has effect.”
(4)
At the end of the Act insert the Schedule set out in Schedule 25 to this Act.
125
Rehabilitation of offenders: orders under section 1(2A) of the Street Offences
25
Act 1959
(1)
The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
(2)
In section 5 (rehabilitation periods for particular sentences) after subsection
(4C) insert—
“(4D)
The rehabilitation period applicable to an order under section 1(2A) of
30
the Street Offences Act 1959 shall be six months from the date of
conviction for the offence in respect of which the order is made.”
(3)
In section 6 of that Act (the rehabilitation period applicable to a conviction)
after subsection (3) insert—
“(3A)
Without prejudice to subsection (2), where—
35
(a)
an order is made under section 1(2A) of the Street Offences Act
1959 in respect of a conviction,
(b)
after the end of the rehabilitation period applicable to the
conviction the offender is dealt with again for the offence for
which that order was made, and
40
(c)
the rehabilitation period applicable to the conviction in
accordance with subsection (2) (taking into account any
sentence imposed when so dealing with the offender) ends later
than the rehabilitation period previously applicable to the
conviction,
45

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the offender shall be treated for the purposes of this Act as not having
become a rehabilitated person in respect of that conviction, and that
conviction shall for those purposes be treated as not having become
spent, in relation to any period falling before the end of the new
rehabilitation period.”
5
Hatred on the grounds of sexual orientation
126
Hatred on the grounds of sexual orientation
Schedule 26—
(a)
amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against
persons on religious grounds) to make provision about hatred against
10
a group of persons defined by reference to sexual orientation, and
(b)
makes minor amendments of that Part.
Offences relating to nuclear material and nuclear facilities
127
Offences relating to the physical protection of nuclear material and nuclear
facilities
15
(1)
Part 1 of Schedule 27 amends the Nuclear Material (Offences) Act 1983 (c. 18)
to create—
(a)
further offences relating to the physical protection of nuclear material,
and
(b)
offences relating to the physical protection of nuclear facilities,
20

and makes other amendments to that Act.
(2)
Part 2 of that Schedule makes related amendments to the Customs and Excise
Management Act 1979 (c. 2).
Self-defence etc
128
Reasonable force for purposes of self-defence etc.
25
(1)
This section applies where in proceedings for an offence—
(a)
an issue arises as to whether a person charged with the offence (“D”) is
entitled to rely on a defence within subsection (2), and
(b)
the question arises whether the degree of force used by D against a
person (“V”) was reasonable in the circumstances.
30
(2)
The defences are—
(a)
the common law defence of self-defence; and
(b)
the defences provided by section 3(1) of the Criminal Law Act 1967
(c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967
(c. 18 (N.I.)) (use of force in prevention of crime or making arrest).
35
(3)
The question whether the degree of force used by D was reasonable in the
circumstances is to be decided by reference to the circumstances as D believed
them to be, and subsections (4) and (5) also apply in connection with deciding
that question.

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(4)
The degree of force used by D is not to be regarded as having been reasonable
in those circumstances if it was disproportionate in those circumstances.
(5)
In deciding the question the following considerations are to be taken into
account (so far as relevant in the circumstances of the case)—
(a)
that a person acting for a legitimate purpose may not be able to weigh
5
to a nicety the exact measure of any necessary action; and
(b)
that evidence of a person’s having only done what the person honestly
and instinctively thought was necessary for a legitimate purpose
constitutes strong evidence that only reasonable action was taken by
that person for that purpose.
10
(6)
Subsection (5) is not to be read as preventing other matters from being taken
into account where they are relevant to deciding the question mentioned in
subsection (3).
(7)
This section is intended to clarify the operation of the existing defences
mentioned in subsection (2).
15
(8)
For the purposes of references in this section to what D believed, it is
immaterial whether—
(a)
any belief of D’s was mistaken, or
(b)
(if it was mistaken) the mistake was reasonable.
(9)
But subsection (3) does not enable D to rely on any mistaken belief attributable
20
to intoxication that was voluntarily induced.
(10)
In this section—
(a)
“legitimate purpose” means—
(i)
the purpose of self-defence under the common law, or
(ii)
the prevention of crime or effecting or assisting in the lawful
25
arrest of persons mentioned in the provisions referred to in
subsection (2)(b);
(b)
references to self-defence include acting in defence of another person;
and
(c)
references to the degree of force used are to the type and amount of
30
force used.
Penalty for unlawfully obtaining etc. personal data
129
Imprisonment for unlawfully obtaining etc. personal data
(1)
Section 60 of the Data Protection Act 1998 (c. 29) (penalties for offences under
Act) is amended as follows.
35
(2)
In subsection (2) (offences under Act punishable by fine) for “other than section
54A” substitute “other than sections 54A and 55”.
(3)
After subsection (3) insert—
“(3A)
A person guilty of an offence under section 55 is liable—
(a)
on summary conviction, to imprisonment for a term not
40
exceeding 12 months or to a fine not exceeding the statutory
maximum or to both;
(b)
on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.

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(3B)
In the application of subsection (3A)(a)—
(a)
in England and Wales, in relation to an offence committed
before the commencement of section 282(1) of the Criminal
Justice Act 2003 (increase in sentencing powers of magistrates’
court from 6 to 12 months for certain offences triable either
5
way), and
(b)
in Northern Ireland,

the reference to 12 months is to be read as a reference to 6 months.”
Part 8
International co-operation in relation to criminal justice matters
10
Recognition of financial penalties: requests to other member States
130
Requests to other member States: England and Wales
(1)
In Schedule 5 to the Courts Act 2003 (c. 39) (collection of fines and other sums
imposed on conviction) in paragraph 38 (the range of further steps available
against defaulters)—
15
(a)
after sub-paragraph (1)(e) insert—
“(f)
subject to sub-paragraph (4), issuing a certificate
requesting enforcement under the Framework Decision
on financial penalties;” and
(b)
after sub-paragraph (3) insert—
20
    “(4)
A certificate requesting enforcement under the Framework
Decision on financial penalties may only be issued where—
(a)
the sum due is a financial penalty within the meaning
of section 130 of the Criminal Justice and Immigration
Act 2008, and
25
(b)
it appears to the fines officer or the court that P is
normally resident, or has property or income, in a
member State other than the United Kingdom.
      (5)
In this paragraph, references to a certificate requesting
enforcement under the Framework Decision on financial
30
penalties are to be construed in accordance with section
142(3) of the Criminal Justice and Immigration Act 2008.”
(2)
The designated officer for a magistrates’ court may issue a certificate
requesting enforcement under the Framework Decision on financial penalties
where—
35
(a)
a person is required to pay a financial penalty,
(b)
the penalty is not paid in full within the time allowed for payment,
(c)
there is no appeal outstanding in relation to the penalty,
(d)
Schedule 5 to the Courts Act 2003 does not apply in relation to the
enforcement of the penalty, and
40
(e)
it appears to the designated officer that the person is normally resident
in, or has property or income in, a member State other than the United
Kingdom.
(3)
For the purposes of subsection (2)(c), there is no appeal outstanding in relation
to a financial penalty if—
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(a)
no appeal has been brought in relation to the imposition of the financial
penalty within the time allowed for making such an appeal, or
(b)
such an appeal has been brought but the proceedings on appeal have
been concluded.
(4)
Where the person required to pay the financial penalty is a body corporate,
5
subsection (2)(e) applies as if the reference to the person being normally
resident in a member State other than the United Kingdom were a reference to
the person having its registered office in a member State other than the United
Kingdom.
(5)
In this section, “financial penalty” means—
10
(a)
a fine imposed by a court in England and Wales on a person’s
conviction of an offence;
(b)
any sum payable under a compensation order (within the meaning of
section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(c. 6));
15
(c)
a surcharge under section 161A of the Criminal Justice Act 2003 (c. 44);
(d)
any sum payable under any such order as is mentioned in paragraphs
1 to 9 of Schedule 9 to the Administration of Justice Act 1970 (c. 31)
(orders for payment of costs);
(e)
any sum payable by virtue of section 137(1) or (1A) of the Powers of
20
Criminal Courts (Sentencing) Act 2000 (orders requiring parents to pay
fines etc.);
(f)
any fine or other sum mentioned in section 132(4)(b)(i) to (iv), or any
fine imposed by a court in Scotland, which is enforceable in a local
justice area in England and Wales by virtue of section 91 of the
25
Magistrates’ Courts Act 1980 (c. 43);
(g)
any other financial penalty, within the meaning of the Framework
Decision on financial penalties, specified in an order made by the Lord
Chancellor.
131
Procedure on issue of certificate: England and Wales
30
(1)
This section applies where—
(a)
a magistrates’ court or a fines officer has, under paragraph 39(3)(b) or
40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate
requesting enforcement under the Framework Decision on financial
penalties, or
35
(b)
the designated officer for a magistrates’ court has issued such a
certificate under section 130(2) of this Act.
(2)
The fines officer (in the case of a certificate issued by the officer) or the
designated officer for the magistrates’ court (in any other case) must give the
Lord Chancellor the certificate, together with a certified copy of the decision
40
requiring payment of the financial penalty.
(3)
On receipt of the documents mentioned in subsection (2), the Lord Chancellor
must give those documents to the central authority or competent authority of
the member State in which the person required to pay the penalty appears to
be normally resident or (as the case may be) to have property or income.
45
(4)
Where a certified copy of the decision is given to the central authority or
competent authority of a member State in accordance with subsection (3), no

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further steps to enforce the decision may be taken in England and Wales except
in accordance with provision made by order by the Lord Chancellor.
(5)
Where the person required to pay the financial penalty is a body corporate,
subsection (3) applies as if the reference to the member State in which the
person appears to be normally resident were a reference to the member State
5
in which the person appears to have its registered office.
132
Requests to other member States: Northern Ireland
(1)
A designated officer of the Northern Ireland Court Service may issue a
certificate requesting enforcement under the Framework Decision on financial
penalties where—
10
(a)
a person is required to pay a financial penalty,
(b)
the penalty is not paid in full within the time allowed for payment,
(c)
there is no appeal outstanding in relation to the penalty, and
(d)
it appears to the designated officer that the person is normally resident
in, or has property or income in, a member State other than the United
15
Kingdom.
(2)
For the purposes of subsection (1)(c), there is no appeal outstanding in relation
to a financial penalty if—
(a)
no appeal has been brought in relation to the imposition of the financial
penalty within the time allowed for making such an appeal, or
20
(b)
such an appeal has been brought but the proceedings on appeal have
been concluded.
(3)
Where the person required to pay the financial penalty is a body corporate,
subsection (1)(d) applies as if the reference to the person being normally
resident in a member State other than the United Kingdom were a reference to
25
the person having its registered office in a member State other than the United
Kingdom.
(4)
In this section—
(a)
“designated officer of the Northern Ireland Court Service” means a
member of the staff of the Northern Ireland Court Service designated
30
by the Lord Chancellor for the purposes of this section;
(b)
“financial penalty” means—
(i)
a fine imposed by a court in Northern Ireland on a person’s
conviction of an offence;
(ii)
any sum payable under a compensation order (within the
35
meaning of Article 14 of the Criminal Justice (Northern Ireland)
Order 1994 (S.I.1994/2795 (N.I.15));
(iii)
any sum payable under an order made under section 2(1), 4(1)
or 5(1) of the Costs in Criminal Cases Act (Northern Ireland)
1968 (N.I. 10) or section 41(1) of the Criminal Appeal (Northern
40
Ireland) Act 1980 (c. 47);
(iv)
any sum payable by virtue of Article 35 of the Criminal Justice
(Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I.
9) (orders requiring parents to pay fines etc.);
(v)
any fine or other sum mentioned in section 130(5)(a) to (e), or
45
any fine imposed by a court in Scotland, which is enforceable in
a petty sessions district in Northern Ireland by virtue of Article