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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 8 — Anti-social behaviour

94

 

(1B)   

The court must consider whether the individual support conditions are

fulfilled and, if satisfied that they are, must make an individual support

order.

(2)   

An individual support order is an order which—”.

(2)   

In subsection (3)(a) of that section, for the words after “the kind of behaviour

5

which led to” substitute “the making of—

(i)   

the anti-social behaviour order, or

(ii)   

an order varying that order (in a case where the

variation is made as a result of further anti-social

behaviour by the defendant);”.

10

(3)   

In subsection (5) of that section, for “which led to the making of the anti-social

behaviour order” substitute “mentioned in subsection (3)(a) above”.

(4)   

In section 1(1A) of that Act (meaning of “relevant authority”) after “and

sections” insert “1AA,”.

(5)   

In section 1AB of that Act (which makes further provision about individual

15

support orders) after subsection (5) insert—

“(5A)   

The period specified as the term of an individual support order made

on an application under section 1AA(1A) above must not be longer

than the remaining part of the term of the anti-social behaviour order

as a result of which it is made.”

20

(6)   

In section 1B of that Act (orders in county court proceedings) after subsection

(7) insert—

“(8)   

Sections 1AA and 1AB apply in relation to orders under this section,

with any necessary modifications, as they apply in relation to anti-

social behaviour orders.

25

(9)   

In their application by virtue of subsection (8), sections 1AA(1A)(b) and

1AB(6) have effect as if the words “by complaint” were omitted.”

(7)   

In section 1C of that Act (orders on conviction in criminal proceedings) after

subsection (9A) insert—

“(9AA)   

Sections 1AA and 1AB apply in relation to orders under this section,

30

with any necessary modifications, as they apply in relation to anti-

social behaviour orders.

(9AB)   

In their application by virtue of subsection (9AA), sections 1AA(1A)(b)

and 1AB(6) have effect as if the words “by complaint” were omitted.

(9AC)   

In its application by virtue of subsection (9AA), section 1AA(1A)(b) has

35

effect as if the reference to the relevant authority which applied for the

anti-social behaviour order were a reference to the chief officer of

police, or other relevant authority, responsible under section 1K(2)(a)

or (b) for carrying out a review of the order under this section.”

 
 

Criminal Justice and Immigration Bill
Part 9 — Policing

95

 

Parenting contracts and parenting orders

123     

Parenting contracts and parenting orders: local authorities

(1)   

Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is

amended as follows.

(2)   

In section 29(1) (interpretation) in the definition of “local authority” for

5

paragraphs (b) and (c) substitute—

“(aa)   

a district council in England;”.

(3)   

In section 26B (parenting orders: registered social landlords)—

(a)   

in subsection (8), after “the local authority” insert “(or, if subsection

(8A) applies, each local authority)”;

10

(b)   

after that subsection insert—

“(8A)   

This subsection applies if the place where the child or young

person resides or appears to reside is within the area of a county

council and within the area of a district council.”;

(c)   

in subsection (10)(a), after “the local authority” insert “(or authorities)”.

15

(4)   

In section 27 (parenting orders: supplemental) for subsection (3A) substitute—

“(3A)   

Proceedings for an offence under section 9(7) of the 1998 Act (parenting

orders: breach of requirement etc.) as applied by subsection (3)(b)

above may be brought by any of the following local authorities—

(a)   

the local authority that applied for the order, if the child or

20

young person, or the person alleged to be in breach, resides or

appears to reside in that authority’s area;

(b)   

the local authority of the child or young person, if that child or

young person does not reside or appear to reside in the area of

the local authority that applied for the order;

25

(c)   

the local authority of the person alleged to be in breach, if that

person does not reside or appear to reside in the area of the local

authority that applied for the order.

(3B)   

For the purposes of subsection (3A)(b) and (c)—

(a)   

an individual’s local authority is the local authority in whose

30

area the individual resides or appears to reside; but

(b)   

if the place where an individual resides or appears to reside is

within the area of a county council and within the area of a

district council, a reference to that individual’s local authority is

to be read as a reference to either of those authorities.”

35

Part 9

Policing

Misconduct procedures etc.

124     

Police misconduct and performance procedures

(1)   

Part 1 of Schedule 22

40

(a)   

amends the Police Act 1996 (c. 16) to make provision for or in

connection with disciplinary and other proceedings in respect of the

 
 

Criminal Justice and Immigration Bill
Part 9 — Policing

96

 

conduct and performance of members of police forces and special

constables, and

(b)   

makes other minor amendments to that Act.

(2)   

Part 2 of that Schedule makes equivalent amendments to the Ministry of

Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence

5

Police.

(3)   

Part 3 of that Schedule makes equivalent amendments to the Railways and

Transport Safety Act 2003 (c. 20) for the purposes of the British Transport

Police.

125     

Investigation of complaints of police misconduct etc.

10

Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further

provision about the investigation of complaints of police misconduct and other

matters.

Financial assistance

126     

Financial assistance under section 57 of the Police Act 1996

15

(1)   

After section 57(1) of the Police Act 1996 (common services: power for

Secretary of State to provide and maintain etc. organisations, facilities and

services which promote the efficiency or effectiveness of police) insert—

“(1A)   

The power conferred by subsection (1) includes power to give financial

assistance to any person in connection with the provision or

20

maintenance of such organisations, facilities and services as are

mentioned in that subsection.

(1B)   

Financial assistance under subsection (1)—

(a)   

may, in particular, be given in the form of a grant, loan or

guarantee or investment in a body corporate; and

25

(b)   

may be given subject to terms and conditions determined by the

Secretary of State;

   

but any financial assistance under that subsection other than a grant

requires the consent of the Treasury.

(1C)   

Terms and conditions imposed under subsection (1B)(b) may include

30

terms and conditions as to repayment with or without interest.

(1D)   

Any sums received by the Secretary of State by virtue of terms and

conditions imposed under that subsection are to be paid into the

Consolidated Fund.”

(2)   

Any loan made by the Secretary of State by virtue of section 57 of the Police Act

35

1996 (c. 16) and outstanding on the day on which this Act is passed is to be

treated as if it were a loan made in accordance with that section as amended by

subsection (1) above.

 
 

Criminal Justice and Immigration Bill
Part 10 — Special immigration status

97

 

Inspection

127     

Inspection of police authorities

In section 54 of the Police Act 1996 (c. 16) (appointment and functions of

inspectors of constabulary) for subsection (2A) substitute—

“(2A)   

The inspectors of constabulary may carry out an inspection of, and

5

report to the Secretary of State on, a police authority’s performance of

its functions or of any particular function or functions (including in

particular its compliance with the requirements of Part 1 of the Local

Government Act 1999 (best value)).”

Part 10

10

Special immigration status

128     

Designation

(1)   

The Secretary of State may designate a person who satisfies Condition 1 or 2

(subject to subsections (4) and (5)).

(2)   

Condition 1 is that the person—

15

(a)   

is a foreign criminal within the meaning of section 129, and

(b)   

is liable to deportation, but cannot be removed from the United

Kingdom because of section 6 of the Human Rights Act 1998 (c. 42)

(public authority not to act contrary to Convention).

(3)   

Condition 2 is that the person is a member of the family of a person who

20

satisfies Condition 1.

(4)   

A person who has the right of abode in the United Kingdom may not be

designated.

(5)   

The Secretary of State may not designate a person if the Secretary of State

thinks that an effect of designation would breach—

25

(a)   

the United Kingdom’s obligations under the Refugee Convention, or

(b)   

the person’s rights under the Community treaties.

129     

“Foreign criminal”

(1)   

For the purposes of section 128 “foreign criminal” means a person who—

(a)   

is not a British citizen, and

30

(b)   

satisfies any of the following Conditions.

(2)   

Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality,

Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of

the Refugee Convention: imprisonment for at least two years).

(3)   

Condition 2 is that—

35

(a)   

section 72(4)(a) or (b) of that Act applies to the person (person convicted

of specified offence), and

(b)   

the person has been sentenced to a period of imprisonment.

(4)   

Condition 3 is that Article 1F of the Refugee Convention applies to the person

(exclusions for criminals etc.).

40

 
 

Criminal Justice and Immigration Bill
Part 10 — Special immigration status

98

 

(5)   

Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has

no effect in relation to Condition 1 or 2.

(6)   

Section 72(7) of that Act (non-application pending appeal) has no effect in

relation to Condition 1 or 2.

130     

Effect of designation

5

(1)   

A designated person does not have leave to enter or remain in the United

Kingdom.

(2)   

For the purposes of a provision of the Immigration Acts and any other

enactment which concerns or refers to immigration or nationality (including

any provision which applies or refers to a provision of the Immigration Acts or

10

any other enactment about immigration or nationality) a designated person—

(a)   

is a person subject to immigration control,

(b)   

is not to be treated as an asylum-seeker or a former asylum-seeker, and

(c)   

is not in the United Kingdom in breach of the immigration laws.

(3)   

Despite subsection (2)(c), time spent in the United Kingdom as a designated

15

person may not be relied on by a person for the purpose of an enactment about

nationality.

(4)   

A designated person—

(a)   

shall not be deemed to have been given leave in accordance with

paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of

20

leave or refusal), and

(b)   

may not be granted temporary admission to the United Kingdom

under paragraph 21 of that Schedule.

(5)   

Sections 132 and 133 make provision about support for designated persons and

their dependants.

25

131     

Conditions

(1)   

The Secretary of State or an immigration officer may by notice in writing

impose a condition on a designated person.

(2)   

A condition may relate to—

(a)   

residence,

30

(b)   

employment or occupation, or

(c)   

reporting to the police, the Secretary of State or an immigration officer.

(3)   

Section 36 of the Asylum and Immigration (Treatment of Claimants, etc.) Act

2004 (c. 19) (electronic monitoring) shall apply in relation to conditions

imposed under this section as it applies to restrictions imposed under

35

paragraph 21 of Schedule 2 to the Immigration Act 1971 (with a reference to the

Immigration Acts being treated as including a reference to this section).

(4)   

Section 69 of the Nationality, Immigration and Asylum Act 2002 (c. 41)

(reporting restrictions: travel expenses) shall apply in relation to conditions

imposed under subsection (2)(c) above as it applies to restrictions imposed

40

under paragraph 21 of Schedule 2 to the Immigration Act 1971.

(5)   

A person who without reasonable excuse fails to comply with a condition

imposed under this section commits an offence.

 
 

Criminal Justice and Immigration Bill
Part 10 — Special immigration status

99

 

(6)   

A person who is guilty of an offence under subsection (5) shall be liable on

summary conviction to—

(a)   

a fine not exceeding level 5 on the standard scale,

(b)   

imprisonment for a period not exceeding 51 weeks, or

(c)   

both.

5

(7)   

A provision of the Immigration Act 1971 (c. 77) which applies in relation to an

offence under any provision of section 24(1) of that Act (illegal entry etc.) shall

also apply in relation to the offence under subsection (5) above.

(8)   

In the application of this section to Scotland or Northern Ireland the reference

in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.

10

132     

Support

(1)   

Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-

seekers) shall apply in relation to designated persons and their dependants as

it applies in relation to asylum-seekers and their dependants.

(2)   

But the following provisions of that Part shall not apply—

15

(a)   

section 96 (kinds of support),

(b)   

section 97(1)(b) (desirability of providing accommodation in well-

supplied area),

(c)   

section 100 (duty to co-operate in providing accommodation),

(d)   

section 101 (reception zones),

20

(e)   

section 108 (failure of sponsor to maintain),

(f)   

section 111 (grants to voluntary organisations), and

(g)   

section 113 (recovery of expenditure from sponsor).

(3)   

Support may be provided under section 95 of the 1999 Act as applied by this

section—

25

(a)   

by providing accommodation appearing to the Secretary of State to be

adequate for a person’s needs;

(b)   

by providing what appear to the Secretary of State to be essential living

needs;

(c)   

in other ways which the Secretary of State thinks necessary to reflect

30

exceptional circumstances of a particular case.

(4)   

Support by virtue of subsection (3) may not be provided wholly or mainly by

way of cash unless the Secretary of State thinks it appropriate because of

exceptional circumstances.

(5)   

Section 4 of the 1999 Act (accommodation) shall not apply in relation to

35

designated persons.

(6)   

A designated person shall not be treated—

(a)   

as a person subject to immigration control, for the purposes of section

119(1)(b) of the 1999 Act (homelessness: Scotland and Northern

Ireland), or

40

(b)   

as a person from abroad who is not eligible for housing assistance, for

the purposes of section 185(4) of the Housing Act 1996 (c. 52) (housing

assistance).

 
 

 
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