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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 10 — Special immigration status

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133     

Support: supplemental

(1)   

A reference in an enactment to Part VI of the 1999 Act or to a provision of that

Part includes a reference to that Part or provision as applied by section 132

above; and for that purpose—

(a)   

a reference to section 96 shall be treated as including a reference to

5

section 132(3) above,

(b)   

a reference to a provision of section 96 shall be treated as including a

reference to the corresponding provision of section 132(3), and

(c)   

a reference to asylum-seekers shall be treated as including a reference

to designated persons.

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(2)   

A provision of Part VI of the 1999 Act which requires or permits the Secretary

of State to have regard to the temporary nature of support shall be treated, in

the application of Part VI by virtue of section 132 above, as requiring the

Secretary of State to have regard to the nature and circumstances of support by

virtue of that section.

15

(3)   

Rules under section 104 of the 1999 Act (appeals) shall have effect for the

purposes of Part VI of that Act as it applies by virtue of section 132 above.

(4)   

Any other instrument under Part VI of the 1999 Act—

(a)   

may make provision in respect of that Part as it applies by virtue of

section 132 above, as it applies otherwise than by virtue of that section,

20

or both, and

(b)   

may make different provision for that Part as it applies by virtue of

section 132 above and as it applies otherwise than by virtue of that

section.

(5)   

In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations:

25

notice to quit accommodation) the reference in paragraph (2)(b) to the

determination of a claim for asylum shall be treated as a reference to ceasing to

be a designated person.

(6)   

The Secretary of State may by order repeal, modify or disapply (to any extent)

section 132(4).

30

(7)   

An order under section 10 of the Human Rights Act 1998 (c. 42) (power to

remedy incompatibility) which amends a provision mentioned in subsection

(6) of section 132 above may amend or repeal that subsection.

134     

End of designation

(1)   

Designation lapses if the designated person—

35

(a)   

is granted leave to enter or remain in the United Kingdom,

(b)   

is notified by the Secretary of State or an immigration officer of a right

of residence in the United Kingdom by virtue of the Community

treaties,

(c)   

leaves the United Kingdom, or

40

(d)   

is made the subject of a deportation order under section 5 of the

Immigration Act 1971 (c. 77).

(2)   

After designation lapses support may not be provided by virtue of section 132,

subject to the following exceptions.

 
 

Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

101

 

(3)   

Exception 1 is that, if designation lapses under subsection (1)(a) or (b), support

may be provided in respect of a period which—

(a)   

begins when the designation lapses, and

(b)   

ends on a date determined in accordance with an order of the Secretary

of State.

5

(4)   

Exception 2 is that, if designation lapses under subsection (1)(d), support may

be provided in respect of—

(a)   

any period during which an appeal against the deportation order may

be brought (ignoring any possibility of an appeal out of time with

permission),

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(b)   

any period during which an appeal against the deportation order is

pending, and

(c)   

after an appeal ceases to be pending, such period as the Secretary of

State may specify by order.

135     

Interpretation: general

15

(1)   

This section applies to sections 128 to 134.

(2)   

A reference to a designated person is a reference to a person designated under

section 128.

(3)   

“Family” shall be construed in accordance with section 5(4) of the Immigration

Act 1971 (c. 77) (deportation: definition of “family”).

20

(4)   

“Right of abode in the United Kingdom” has the meaning given by section 2 of

that Act.

(5)   

“The Refugee Convention” means the Convention relating to the Status of

Refugees done at Geneva on 28th July 1951 and its Protocol.

(6)   

“Period of imprisonment” shall be construed in accordance with section

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72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002

(c. 41).

(7)   

A voucher is not cash.

(8)   

A reference to a pending appeal has the meaning given by section 104(1) of that

Act.

30

(9)   

A reference in an enactment to the Immigration Acts includes a reference to

sections 128 to 134.

Part 11

Miscellaneous

Industrial action by prison officers

35

136     

Amendment of section 127 of the Criminal Justice and Public Order Act 1994

(1)   

Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33)

(inducements to prison officers to withhold services or breach discipline) is

amended as follows.

 
 

Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

102

 

(2)   

In subsection (1), for paragraph (a) substitute—

“(a)   

to take (or continue to take) any industrial action;”.

(3)   

After subsection (1) insert—

“(1A)   

In subsection (1) “industrial action” includes the withholding of

services as a prison officer and any other action likely to affect the

5

normal working of a prison.”

(4)   

In subsection (4), after paragraph (a) insert—

“(aa)   

holds any post, other than as a chaplain or assistant chaplain, to

which he has been appointed for the purposes of section 7 of the

Prison Act 1952 (appointment of prison staff),”.

10

(5)   

In subsection (4), after paragraph (aa) (inserted by subsection (4) above)

insert—

“(b)   

holds any post, otherwise than as a medical officer, to which he

has been appointed for the purposes of section 3(1A) of the

Prisons (Scotland) Act 1989;”.

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137     

Power to suspend the operation of section 127 of the Criminal Justice and

Public Order Act 1994

After section 127 of the Criminal Justice and Public Order Act 1994 (c. 33)

insert—

“127A   

Power to suspend the operation of section 127

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(1)   

The Secretary of State may make orders suspending, or later reviving,

the operation of section 127.

(2)   

An order under this section may make different provision in relation to

different descriptions of prison officer.

(3)   

The power to make orders under this section is exercisable by statutory

25

instrument.

(4)   

A statutory instrument containing an order under this section may not

be made unless a draft of the instrument has been laid before, and

approved by resolution of, each House of Parliament.”

Sex offenders

30

138     

Disclosure of information about convictions etc of child sex offenders to

members of the public

(1)   

After section 327 of the Criminal Justice Act 2003 (c. 44) insert—

“327A   

  Disclosure of information about convictions etc of child sex

offenders to members of the public

35

(1)   

The responsible authority for each area must, in the course of

discharging its functions under arrangements established by it under

section 325, consider whether to disclose information in its possession

about the relevant previous convictions of any child sex offender

managed by it to any particular member of the public.

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Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

103

 

(2)   

In the case mentioned in subsection (3) there is a presumption that the

responsible authority should disclose information in its possession

about the relevant previous convictions of the offender to the particular

member of the public.

(3)   

The case is where the responsible authority for the area has reasonable

5

cause to believe that—

(a)   

a child sex offender managed by it poses a risk in that or any

other area of causing serious harm to any particular child or

children or to children of any particular description, and

(b)   

the disclosure of information about the relevant previous

10

convictions of the offender to the particular member of the

public is necessary for the purpose of protecting the particular

child or children, or the children of that description, from

serious harm caused by the offender.

(4)   

The presumption under subsection (2) arises whether or not the person

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to whom the information is disclosed requests the disclosure.

(5)   

Where the responsible authority makes a disclosure under this

section—

(a)   

it may disclose such information about the relevant previous

convictions of the offender as it considers appropriate to

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disclose to the member of the public concerned, and

(b)   

it may impose conditions for preventing the member of the

public concerned from disclosing the information to any other

person.

(6)   

Any disclosure under this section must be made as soon as is

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reasonably practicable having regard to all the circumstances.

(7)   

The responsible authority for each area must compile and maintain a

record about the decisions it makes in relation to the discharge of its

functions under this section.

(8)   

The record must include the following information—

30

(a)   

the reasons for making a decision to disclose information under

this section,

(b)   

the reasons for making a decision not to disclose information

under this section, and

(c)   

the information which is disclosed under this section, any

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conditions imposed in relation to its further disclosure and the

name and address of the person to whom it is disclosed.

(9)   

Nothing in this section requires or authorises the making of a

disclosure which contravenes the Data Protection Act 1998.

(10)   

This section is not to be taken as affecting any power of any person to

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disclose any information about a child sex offender.

327B    

Section 327A: interpretation

(1)   

This section applies for the purposes of section 327A.

(2)   

“Child” means a person under 18.

(3)   

“Child sex offence” means an offence listed in Schedule 34A, whenever

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committed.

 
 

Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

104

 

(4)   

“Child sex offender” means any person who—

(a)   

has been convicted of such an offence,

(b)   

has been found not guilty of such an offence by reason of

insanity,

(c)   

has been found to be under a disability and to have done the act

5

charged against the person in respect of such an offence, or

(d)   

has been cautioned in respect of such an offence.

(5)   

In relation to a responsible authority, references to information about

the relevant previous convictions of a child sex offender are references

to information about—

10

(a)   

convictions, findings and cautions mentioned in subsection

(4)(a) to (d) which relate to the offender, and

(b)   

anything under the law of any country or territory outside

England and Wales which in the opinion of the responsible

authority corresponds to any conviction, finding or caution

15

within paragraph (a) (however described).

(6)   

References to serious harm caused by a child sex offender are

references to serious physical or psychological harm caused by the

offender committing any offence listed in any paragraph of Schedule

34A other than paragraphs 1 to 6 (offences under provisions repealed

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by Sexual Offences Act 2003).

(7)   

A responsible authority for any area manages a child sex offender if the

offender is a person who poses risks in that area which fall to be

managed by the authority under the arrangements established by it

under section 325.

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(8)   

For the purposes of this section the provisions of section 4 of, and

paragraph 3 of Schedule 2 to, the Rehabilitation of Offenders Act 1974

(protection for spent convictions and cautions) are to be disregarded.

(9)   

In this section “cautioned”, in relation to any person and any offence,

means—

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(a)   

cautioned after the person has admitted the offence, or

(b)   

reprimanded or warned within the meaning given by section 65

of the Crime and Disorder Act 1998.

(10)   

Section 135(1), (2)(a) and (c) and (3) of the Sexual Offences Act 2003

(mentally disordered offenders) apply for the purposes of this section

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as they apply for the purposes of Part 2 of that Act.”

(2)   

After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 24 to

this Act.

139     

Sexual offences prevention orders: relevant sexual offences

(1)   

In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions

40

about sexual offences prevention orders), at the end insert—

“(13)   

Subsection (14) applies for the purposes of section 104 and this section

in their application in relation to England and Wales or Northern

Ireland.

(14)   

In construing any reference to an offence listed in Schedule 3, any

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condition subject to which an offence is so listed that relates—

 
 

Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

105

 

(a)   

to the way in which the defendant is dealt with in respect of an

offence so listed or a relevant finding (as defined by section

132(9)), or

(b)   

to the age of any person,

   

is to be disregarded.”

5

(2)   

This section extends to England and Wales and Northern Ireland only.

140     

Notification requirements: prescribed information

(1)   

In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements:

initial notification)—

(a)   

at the end of subsection (5) insert—

10

“(h)   

any prescribed information.”; and

(b)   

after that subsection insert—

“(5A)   

In subsection (5)(h) “prescribed” means prescribed by

regulations made by the Secretary of State.”

(2)   

Section 84 of that Act (notification requirements: changes) is amended as

15

follows.

(3)   

In subsection (1)—

(a)   

after “1997,” in paragraph (c) insert—

“(ca)   

any prescribed change of circumstances,”; and

(b)   

after “the address of those premises” insert “, the prescribed details”.

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(4)   

In subsection (2) after “home address” insert “or the prescribed change of

circumstances”.

(5)   

After subsection (5) insert—

“(5A)   

In this section—

(a)   

“prescribed change of circumstances” means any change—

25

(i)   

occurring in relation to any matter in respect of which

information is required to be notified by virtue of

section 83(5)(h), and

(ii)   

of a description prescribed by regulations made by the

Secretary of State;

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(b)   

“the prescribed details”, in relation to a prescribed change of

circumstances, means such details of the change as may be so

prescribed.”

(6)   

Section 85 of that Act (notification requirements: periodic notification) is

amended as follows.

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(7)   

In subsection (1), for “the period of one year” substitute “the applicable

period”.

(8)   

In subsection (3), for “the period referred to in subsection (1)” substitute “the

applicable period”.

(9)   

After subsection (4) insert—

40

“(5)   

In this section, “the applicable period” means—

 
 

Criminal Justice and Immigration Bill
Part 11 — Miscellaneous

106

 

(a)   

in any case where subsection (6) applies to the relevant

offender, such period as may be prescribed by regulations made

by the Secretary of State, and

(b)   

in any other case, the period of one year.

(6)   

This subsection applies to the relevant offender if the last home address

5

notified by him under section 83(1) or 84(1) or subsection (1) was the

address or location of such a place as is mentioned in section 83(7)(b).”

(10)   

In section 138(2) of that Act (orders and regulations subject to the affirmative

resolution procedure), for “86 or 130” substitute “any of sections 83 to 86 or

section 130”.

10

(11)   

This section extends to England and Wales and Northern Ireland only.

Persistent sales of tobacco to persons under 18

141     

Persistent sales of tobacco to persons under 18

(1)   

The Children and Young Persons Act 1933 (c. 12) is amended as follows.

(2)   

After section 12 insert—

15

“Persistent sales of tobacco to persons under 18

12A     

Restricted premises orders

(1)   

This section applies where a person (“the offender”) is convicted of a

tobacco offence (“the relevant offence”).

(2)   

The person who brought the proceedings for the relevant offence may

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by complaint to a magistrates’ court apply for a restricted premises

order to be made in respect of the premises in relation to which that

offence was committed (“the relevant premises”).

(3)   

A restricted premises order is an order prohibiting the sale on the

premises to which it relates of any tobacco or cigarette papers to any

25

person.

(4)   

The prohibition applies to sales whether made—

(a)   

by the offender or any other person, or

(b)   

by means of any machine kept on the premises or any other

means.

30

(5)   

The order has effect for the period specified in the order, but that period

may not exceed one year.

(6)   

The applicant must, after making reasonable enquiries, give notice of

the application to every person appearing to the applicant to be a

person affected by it.

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(7)   

The court may make the order if (and only if) it is satisfied that—

(a)   

on at least 2 occasions within the period of 2 years ending with

the date on which the relevant offence was committed the

offender has committed other tobacco offences in relation to the

relevant premises, and

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(b)   

the applicant has complied with subsection (6).

 
 

 
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