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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 5 — Criminal law

58

 

76      

New defence for purposes of journalism and other special purposes

In section 55(2) of the Data Protection Act 1998 (c. 29) (defences against offence

of unlawfully obtaining etc. personal data) after “it,” at the end of paragraph

(c) insert—

“(ca)   

that he acted—

5

(i)   

for the special purposes,

(ii)   

with a view to the publication by any person of any

journalistic, literary or artistic material, and

(iii)   

in the reasonable belief that in the particular

circumstances the obtaining, disclosing or procuring

10

was justified as being in the public interest,”.

77      

Data protection: additional offences

(1)   

After section 55 of the Data Protection Act 1998 (c. 29) insert—

“55A    

Data protection: additional offences

(1)   

A data controller must not—

15

(a)   

intentionally or recklessly disclose information contained in

personal data to another person,

(b)   

repeatedly and negligently allow information to be contained in

personal data to be disclosed, or

(c)   

intentionally or recklessly fail to comply with duties under

20

section 4(4).

(2)   

Subsection (1)(a) does not apply if the data controller can show that the

disclosure—

(a)   

was necessary for the purpose of preventing or detecting crime,

(b)   

was required or authorised by or under any enactment, by any

25

rule of law, or by the order of a court, or

(c)   

was justified in the particular circumstances as being in the

public interest.

(3)   

This section shall apply whether or not the data controller is—

(a)   

a relevant authority under section 29, or

30

(b)   

exercising a relevant function under section 31.

(4)   

A data controller who contravenes subsection (1) is guilty of an

offence.”

(2)   

In section 63 of the Data Protection Act 1998, omit subsection (5).

Blasphemy

35

78      

Abolition of common law offences of blasphemy and blasphemous libel

(1)   

The offences of blasphemy and blasphemous libel under the common law of

England and Wales are abolished.

(2)   

In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for

seizure of copies of blasphemous or seditious libel) the words “any

40

blasphemous libel, or” are omitted.

 
 

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters

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(3)   

In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged

matters) the words “blasphemous or” are omitted.

(4)   

Subsections (2) and (3) (and the related repeals in Schedule 28) extend to

England and Wales only.

Part 6

5

International co-operation in relation to criminal justice matters

Recognition of financial penalties: requests to other member States

79      

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

10

against defaulters)—

(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

15

(b)   

after sub-paragraph (3) insert—

    “(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 79 of the Criminal Justice and Immigration

20

Act 2008, and

(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

25

enforcement under the Framework Decision on financial

penalties are to be construed in accordance with section 91(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

30

where—

(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

35

enforcement of the penalty, and

(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

40

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

 
 

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters

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(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,

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

5

the person having its registered office in a member State other than the United

Kingdom.

(5)   

In this section, “financial penalty” means—

(a)   

a fine imposed by a court in England and Wales on a person’s

conviction of an offence;

10

(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));

(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

15

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

Criminal Courts (Sentencing) Act 2000 (orders requiring parents to pay

fines etc.);

20

(f)   

any fine or other sum mentioned in section 81(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 Magistrates’

Courts Act 1980 (c. 43);

(g)   

any other financial penalty, within the meaning of the Framework

25

Decision on financial penalties, specified in an order made by the Lord

Chancellor.

80      

Procedure on issue of certificate: England and Wales

(1)   

This section applies where—

(a)   

a magistrates’ court or a fines officer has, under paragraph 39(3)(b) or

30

40 of Schedule 5 to the Courts Act 2003 (c. 39), issued a certificate

requesting enforcement under the Framework Decision on financial

penalties, or

(b)   

the designated officer for a magistrates’ court has issued such a

certificate under section 79(2) of this Act.

35

(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

requiring payment of the financial penalty.

(3)   

On receipt of the documents mentioned in subsection (2), the Lord Chancellor

40

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.

(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

45

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.

 
 

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Part 6 — International co-operation in relation to criminal justice matters

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(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

in which the person appears to have its registered office.

81      

Requests to other member States: Northern Ireland

5

(1)   

A designated officer of the Northern Ireland Court Service may issue a

certificate requesting enforcement under the Framework Decision on financial

penalties where—

(a)   

a person is required to pay a financial penalty,

(b)   

the penalty is not paid in full within the time allowed for payment,

10

(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

Kingdom.

(2)   

For the purposes of subsection (1)(c), there is no appeal outstanding in relation

15

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

(b)   

such an appeal has been brought but the proceedings on appeal have

been concluded.

20

(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

the person having its registered office in a member State other than the United

Kingdom.

25

(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

by the Lord Chancellor for the purposes of this section;

(b)   

“financial penalty” means—

30

(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

meaning of Article 14 of the Criminal Justice (Northern Ireland)

Order 1994 (S.I.1994/2795 (N.I.15));

35

(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

Ireland) Act 1980 (c. 47);

(iv)   

any sum payable by virtue of Article 35 of the Criminal Justice

40

(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 79(5)(a) to (e), or any

fine imposed by a court in Scotland, which is enforceable in a

petty sessions district in Northern Ireland by virtue of Article 96

45

of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I.

1981/1675 (N.I.26));

 
 

Criminal Justice and Immigration Bill
Part 6 — International co-operation in relation to criminal justice matters

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(vi)   

any other financial penalty, within the meaning of the

Framework Decision on financial penalties, specified in an

order made by the Lord Chancellor.

82      

Procedure on issue of certificate: Northern Ireland

(1)   

This section applies where a designated officer has issued a certificate under

5

section 81(1).

(2)   

The designated officer must give the Lord Chancellor the certificate, together

with a certified copy of the decision 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

10

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.

(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

further steps to enforce the decision may be taken in Northern Ireland except

15

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

in which the person appears to have its registered office.

20

Recognition of financial penalties: requests from other member States

83      

Requests from other member States: England and Wales

(1)   

This section applies where—

(a)   

the competent authority or central authority of a member State other

than the United Kingdom gives the Lord Chancellor—

25

(i)   

a certificate requesting enforcement under the Framework

Decision on financial penalties, and

(ii)   

the decision, or a certified copy of the decision, requiring

payment of the financial penalty to which the certificate relates,

and

30

(b)   

the financial penalty is suitable for enforcement in England and Wales

(see section 90(1)).

(2)   

If the certificate states that the person required to pay the financial penalty is

normally resident in England and Wales, the Lord Chancellor must give the

documents mentioned in subsection (1)(a) to the designated officer for the local

35

justice area in which it appears that the person is normally resident.

(3)   

Otherwise, the Lord Chancellor must give the documents mentioned in

subsection (1)(a) to the designated officer for such local justice area as appears

appropriate.

(4)   

Where the Lord Chancellor acts under subsection (2) or (3), the Lord

40

Chancellor must also give the designated officer a notice—

(a)   

stating whether the Lord Chancellor thinks that any of the grounds for

refusal apply (see section 90(2)), and

(b)   

giving reasons for that opinion.

 
 

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Part 6 — International co-operation in relation to criminal justice matters

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(5)   

Where the person required to pay the financial penalty is a body corporate,

subsection (2) applies as if the reference to the local justice area in which it

appears that the person is normally resident were a reference to the local justice

area in which it appears that the person has its registered office.

(6)   

Where—

5

(a)   

the competent authority or central authority of a member State other

than the United Kingdom gives the central authority for Scotland the

documents mentioned in subsection (1)(a), and

(b)   

without taking any action to enforce the financial penalty in Scotland,

the central authority for Scotland gives the documents to the Lord

10

Chancellor,

   

this section applies as if the competent authority or central authority of the

other member State gave the documents to the Lord Chancellor.

84      

Procedure on receipt of certificate by designated officer

(1)   

This section applies where the Lord Chancellor gives the designated officer for

15

a local justice area—

(a)   

a certificate requesting enforcement under the Framework Decision on

financial penalties,

(b)   

the decision, or a certified copy of the decision, requiring payment of

the financial penalty to which the certificate relates, and

20

(c)   

a notice under section 83(4).

(2)   

The designated officer must refer the matter to a magistrates’ court acting for

that area.

(3)   

The magistrates’ court must decide whether it is satisfied that any of the

grounds for refusal apply (see section 90(2)).

25

(4)   

The designated officer must inform the Lord Chancellor of the decision of the

magistrates’ court.

(5)   

Subsection (6) applies unless the magistrates’ court is satisfied that one or more

of the grounds for refusal apply.

(6)   

The enactments specified in subsection (7) apply in relation to the financial

30

penalty as if it were a sum adjudged to be paid by a conviction of the

magistrates’ court on the date when the court made the decision mentioned in

subsection (4).

(7)   

The enactments specified in this subsection are—

(a)   

Part 3 of the Magistrates’ Courts Act 1980 (c. 43) (satisfaction and

35

enforcement);

(b)   

Schedules 5 and 6 to the Courts Act 2003 (c. 39) (collection of fines etc.

and discharge of fines etc. by unpaid work);

(c)   

any subordinate legislation (within the meaning of the Interpretation

Act 1978 (c. 30)) made under the enactments specified in paragraphs (a)

40

and (b).

(8)   

If the certificate requesting enforcement under the Framework Decision on

financial penalties states that part of the financial penalty has been paid, the

reference in subsection (6) to the financial penalty is to be read as a reference to

such part of the penalty as remains unpaid.

45

 
 

 
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