Criminal Justice and Immigration Act 2008

• (f) the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in section 120,

• (g) the degree of force that it may be appropriate for authorised officers or persons authorised by them to use in particular circumstances,

• (h) arrangements for ensuring that persons on NHS premises are aware of the offence in section 119 and the powers of removal in section 120, or

• (i) the keeping of records.

• (3) Before publishing guidance under this section, the appropriate national authority must consult such persons as the authority considers appropriate.

• (4) A relevant NHS body and an authorised officer must, when exercising functions under, or in connection with, section 120, have regard to any guidance published by the appropriate national authority under this section.

• (5) In this section—

• “appropriate national authority”—in relation to a relevant English NHS body and authorised officers in respect of English NHS premises, means the Secretary of State, andin relation to a relevant Welsh NHS body and authorised officers in respect of Welsh NHS premises, means the Welsh Ministers,

• “appropriate NHS staff member” and “authorised officer” have the same meaning as in section 120,

• “relevant NHS body” means a relevant English NHS body or a relevant Welsh NHS body.

• (6) Terms defined in section 119 have the same meaning in this section as in that section.

Nuisance or disturbance on HSS premises

122

Schedule 21 makes provision for Northern Ireland corresponding to the provision made for England and Wales by sections 119 to 121.

Anti-social behaviour orders etc. in respect of children and young persons

Review of anti-social behaviour orders etc.

123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Individual support orders

124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parenting contracts and parenting orders

Parenting contracts and parenting orders: local authorities

125

• (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 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) ”;

• (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) ”.

• (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 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; (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 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.

Part 9 — Policing

Misconduct procedures etc.

Police misconduct and performance procedures

126

• (1) Part 1 of Schedule 22—

• (a) amends the Police Act 1996 (c. 16) to make provision for or in connection with disciplinary and other proceedings in respect of the 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 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.

Investigation of complaints of police misconduct etc.

127

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

Financial assistance under section 57 of Police Act 1996

128

• (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 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 (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 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 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.

Inspection

Inspection of police authorities

129

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 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 — Special immigration status

Designation

130

• (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—

• (a) is a foreign criminal within the meaning of section 131, 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 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—

• (a) the United Kingdom's obligations under the Refugee Convention, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“Foreign criminal”

131

• (1) For the purposes of section 130 “foreign criminal” means a person who—

• (a) is not a British citizen, and

• (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—

• (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.).

• (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.

Effect of designation

132

• (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 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 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 leave or refusal), and

• (b) may not be granted immigration bail under Schedule 10 to the Immigration Act 2016.

• (5) Sections 134 and 135 make provision about support for designated persons and their dependants.

Conditions

133

• (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,

• (b) employment or occupation, or

• (c) reporting to the police, the Secretary of State or an immigration officer.

• (3) If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person.

• (3A) Paragraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule.

• (4) Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.

• (5) A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.

• (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.

• (7) A provision of the Immigration Act 1971 (c. 77) which applies in relation to an offence under any provision of section 24(1) section 24 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.

Support

134

• (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—

• (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),

• (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—

• (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 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 designated persons.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Support: supplemental

135

• (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 134 above; and for that purpose—

• (a) a reference to section 96 shall be treated as including a reference to section 134(3) above,

• (b) a reference to a provision of section 96 shall be treated as including a reference to the corresponding provision of section 134(3), and

• (c) a reference to asylum-seekers shall be treated as including a reference to designated persons.

• (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 134 above, as requiring the Secretary of State to have regard to the nature and circumstances of support by virtue of that section.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Any ... instrument under Part VI of the 1999 Act—

• (a) may make provision in respect of that Part as it applies by virtue of section 134 above, as it applies otherwise than by virtue of that section, or both, and

• (b) may make different provision for that Part as it applies by virtue of section 134 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: 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 134(4).

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

End of designation

136

• (1) Designation lapses if the designated person—

• (a) is granted leave to enter or remain in the United Kingdom,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) leaves the United Kingdom, or

• (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 134, subject to the following exceptions.

• (3) Exception 1 is that, if designation lapses under subsection (1)(a) ..., 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.

• (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),

• (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.

Interpretation: general

137

• (1) This section applies to sections 130 to 136.

• (2) A reference to a designated person is a reference to a person designated under section 130.

• (3) “Family” shall be construed in accordance with section 5(4) of the Immigration Act 1971 (c. 77) (deportation: definition of “family”).

• (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 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.

• (9) A reference in an enactment to the Immigration Acts includes a reference to sections 130 to 136.

Part 11 — Miscellaneous

Industrial action by prison officers

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

138

• (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.

• (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” means— (a) the withholding of services as a prison officer; or (b) any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).

• (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),

.

• (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;

.

Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994

139

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

(127A) (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 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

Disclosure of information about convictions etc. of child sex offenders to members of the public

140

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

(327A) (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. (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 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 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 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 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 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— (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 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 disclose any information about a child sex offender. (327B) (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 committed. (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 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— (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 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 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. (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— (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 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.

Sexual offences prevention orders: relevant sexual offences

141

• (1) In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions 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 condition subject to which an offence is so listed that relates— (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.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification requirements: prescribed information

142

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

• (a) at the end of subsection (5) insert—

(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 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 ”.

• (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— (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; (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.

• (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—

(5) In this section, “the applicable period” means— (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 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 ”.

• (11) This section extends to England and Wales and Northern Ireland only.

Persistent sales of tobacco to persons under 18

Persistent sales of tobacco to persons under 18

143

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

• (2) After section 12 insert—

(12A) (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 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 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. (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. (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 (b) the applicant has complied with subsection (6). (8) Persons affected by the application may make representations to the court as to why the order should not be made. (9) If— (a) a person affected by an application for a restricted premises order was not given notice under subsection (6), and (b) consequently the person had no opportunity to make representations to the court as to why the order should not be made, the person may by complaint apply to the court for an order varying or discharging it. (10) On an application under subsection (9) the court may, after hearing— (a) that person, and (b) the applicant for the restricted premises order, make such order varying or discharging the restricted premises order as it considers appropriate. (11) For the purposes of this section the persons affected by an application for a restricted premises order in respect of any premises are— (a) the occupier of the premises, and (b) any other person who has an interest in the premises. (12B) (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 by complaint to a magistrates' court apply for a restricted sale order to be made in respect of the offender. (3) A restricted sale order is an order prohibiting the person to whom it relates— (a) from selling any tobacco or cigarette papers to any person, (b) from having any management functions in respect of any premises in so far as those functions relate to the sale on the premises of tobacco or cigarette papers to any person, (c) from keeping any cigarette machine on any premises for the purpose of selling tobacco or permitting any cigarette machine to be kept on any premises by any other person for that purpose, and (d) from having any management functions in respect of any premises in so far as those functions relate to any cigarette machine kept on the premises for the purpose of selling tobacco. (4) The order has effect for the period specified in the order, but that period may not exceed one year. (5) The court may make the order if (and only if) it is satisfied that, 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. (6) In this section any reference to a cigarette machine is a reference to an automatic machine for the sale of tobacco. (12C) (1) If— (a) a person sells on any premises any tobacco or cigarette papers in contravention of a restricted premises order, and (b) the person knew, or ought reasonably to have known, that the sale was in contravention of the order, the person commits an offence. (2) If a person fails to comply with a restricted sale order, the person commits an offence. (3) It is a defence for a person charged with an offence under subsection (2) to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. (4) A person guilty of an offence under this section is liable, on summary conviction, to a fine not exceeding £20,000. (5) A restricted premises order is a local land charge and in respect of that charge the applicant for the order is the originating authority for the purposes of the Local Land Charges Act 1975. (12D) (1) In sections 12A and 12B a “tobacco offence” means— (a) an offence committed under section 7(1) on any premises (which are accordingly “the premises in relation to which the offence is committed”), or (b) an offence committed under section 7(2) in respect of an order relating to any machine kept on any premises (which are accordingly “the premises in relation to which the offence is committed”). (2) In sections 12A to 12C the expressions “tobacco” and “cigarette” have the same meaning as in section 7. (3) In sections 12A and 12B “notice” means notice in writing.

• (3) In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—

(f) in the case of a restricted premises order under section 12A or a restricted sale order under section 12B, by any person aggrieved.

Penalties for serious contraventions of data protection principles

Power to require data controllers to pay monetary penalty

144

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

(55A) (1) The Commissioner may serve a data controller with a monetary penalty notice if the Commissioner is satisfied that— (a) there has been a serious contravention of section 4(4) by the data controller, (b) the contravention was of a kind likely to cause substantial damage or substantial distress, and (c) subsection (2) or (3) applies. (2) This subsection applies if the contravention was deliberate. (3) This subsection applies if the data controller— (a) knew or ought to have known — (i) that there was a risk that the contravention would occur, and (ii) that such a contravention would be of a kind likely to cause substantial damage or substantial distress, but (b) failed to take reasonable steps to prevent the contravention. (4) A monetary penalty notice is a notice requiring the data controller to pay to the Commissioner a monetary penalty of an amount determined by the Commissioner and specified in the notice. (5) The amount determined by the Commissioner must not exceed the prescribed amount. (6) The monetary penalty must be paid to the Commissioner within the period specified in the notice. (7) The notice must contain such information as may be prescribed. (8) Any sum received by the Commissioner by virtue of this section must be paid into the Consolidated Fund. (9) In this section— - “data controller” does not include the Crown Estate Commissioners or a person who is a data controller by virtue of section 63(3); - “prescribed” means prescribed by regulations made by the Secretary of State. (55B) (1) Before serving a monetary penalty notice, the Commissioner must serve the data controller with a notice of intent. (2) A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice. (3) A notice of intent must— (a) inform the data controller that he may make written representations in relation to the Commissioner's proposal within a period specified in the notice, and (b) contain such other information as may be prescribed. (4) The Commissioner may not serve a monetary penalty notice until the time within which the data controller may make representations has expired. (5) A person on whom a monetary penalty notice is served may appeal to the Tribunal against— (a) the issue of the monetary penalty notice; (b) the amount of the penalty specified in the notice. (6) In this section, “prescribed” means prescribed by regulations made by the Secretary of State. (55C) (1) The Commissioner must prepare and issue guidance on how he proposes to exercise his functions under sections 55A and 55B. (2) The guidance must, in particular, deal with— (a) the circumstances in which he would consider it appropriate to issue a monetary penalty notice, and (b) how he will determine the amount of the penalty. (3) The Commissioner may alter or replace the guidance. (4) If the guidance is altered or replaced, the Commissioner must issue the altered or replacement guidance. (5) The Commissioner may not issue guidance under this section without the approval of the Secretary of State. (6) The Commissioner must lay any guidance issued under this section before each House of Parliament. (7) The Commissioner must arrange for the publication of any guidance issued under this section in such form and manner as he considers appropriate. (8) In subsections (5) to (7), “guidance” includes altered or replacement guidance. (55D) (1) This section applies in relation to any penalty payable to the Commissioner by virtue of section 55A. (2) In England and Wales, the penalty is recoverable— (a) if a county court so orders, as if it were payable under an order of that court; (b) if the High Court so orders, as if it were payable under an order of that court. (3) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (4) In Northern Ireland, the penalty is recoverable— (a) if a county court so orders, as if it were payable under an order of that court; (b) if the High Court so orders, as if it were payable under an order of that court. (55E) (1) The Secretary of State may by order make further provision in connection with monetary penalty notices and notices of intent. (2) An order under this section may in particular— (a) provide that a monetary penalty notice may not be served on a data controller with respect to the processing of personal data for the special purposes except in circumstances specified in the order; (b) make provision for the cancellation or variation of monetary penalty notices; (c) confer rights of appeal to the Tribunal against decisions of the Commissioner in relation to the cancellation or variation of such notices; (d) make provision for the proceedings of the Tribunal in respect of appeals under section 55B(5) or appeals made by virtue of paragraph (c); (e) make provision for the determination of such appeals; (f) confer rights of appeal against any decision of the Tribunal in relation to monetary penalty notices or their cancellation or variation. (3) An order under this section may apply any provision of this Act with such modifications as may be specified in the order. (4) An order under this section may amend this Act.

• (2) In section 67 of that Act (orders, regulations, rules)—

• (a) in subsection (4) insert at the appropriate place— “ section 55E(1), ”; and

• (b) in subsection (5) after paragraph (c) insert—

(ca) regulations under section 55A(5) or (7) or 55B(3)(b),

.

Armed forces legislation

Amendments to armed forces legislation

145

Schedule 25 contains—

• (a) amendments to armed forces legislation (which make provision for service courts etc. corresponding to other provisions of this Act); and

• (b) transitional provision relating to certain of those amendments.

Automatic deportation of criminals

Convention against human trafficking

146

After section 33(6) of the UK Borders Act 2007 (automatic deportation: exceptions) insert—

(6A) Exception 6 is where the Secretary of State thinks that the application of section 32(4) and (5) would contravene the United Kingdom's obligations under the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005).

Part 12 — General

Orders, rules and regulations

147

• (1) Orders, rules or regulations made by the Secretary of State or the Lord Chancellor under this Act are to be made by statutory instrument.

• (1A) Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (2) Any orders or regulations falling within subsection (1) or (1A) —

• (a) may make provision generally or only for specified cases or circumstances;

• (b) may make different provision for different cases, circumstances or areas;

• (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision.

• (3) Subject to subsection (4), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Subsection (3) does not apply to—

• (a) a statutory instrument containing an order under section 153,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a statutory instrument containing an Order in Council under paragraph 9 of Schedule 17, or

• (d) a statutory instrument to which subsection (5) applies.

• (5) A statutory instrument containing (whether alone or with other provision)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) an order under section 48(2),

• (c) an order under section 77,

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (da) an order under section 98(6),

• (e) an order under section 102,

• (f) regulations under any of sections 108 to 111,

• (g) an order under section 135(6),

• (h) an order under section 148(3) which amends or repeals any provision of an Act,

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) rules under paragraph 2(4)(a) of Schedule 6, or

• (l) an order under paragraph 6 of Schedule 7,

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (5A) Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

• (5B) Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (5C) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

• (6) An order under section 153(5)(b) is to be made by statutory instrument.

• (7) An order under section 153(6) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Consequential etc. amendments and transitional and saving provision

148

• (1) Schedule 26 contains minor and consequential amendments.

• (2) Schedule 27 contains transitory, transitional and saving provisions.

• (3) The Secretary of State may by order make—

• (a) such supplementary, incidental or consequential provision, or

• (b) such transitory, transitional or saving provision,

as the Secretary of State considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.

• (4) An order under subsection (3) may, in particular—

• (a) provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and

• (b) amend, repeal or revoke any provision of—

• (i) any Act (including this Act and any Act passed in the same Session as this Act);

• (ii) subordinate legislation made before the passing of this Act;

• (iii) Northern Ireland legislation passed, or made, before the passing of this Act; and

• (iv) any instrument made, before the passing of this Act, under Northern Ireland legislation.

• (5) Nothing in this section limits the power under section 153(8) to include provision for transitory, transitional or saving purposes in an order under that section.

• (6) The amendments that may be made by virtue of subsection (4)(b) are in addition to those made by or which may be made under any other provision of this Act.

• (7) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

• (8) Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.

• (9) The power under subsection (8) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.

• (10) Subsection (8) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).

Repeals and revocations

149

Schedule 28 contains repeals and revocations, including repeals of spent enactments.

Financial provisions

150

There is to be paid out of money provided by Parliament—

• (a) any expenditure incurred by virtue of this Act by a Minister of the Crown; and

• (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Effect of amendments to criminal justice provisions applied for purposes of service law

151

• (1) In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—

• (a) relate to criminal justice; and

• (b) have been applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.

• (2) Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.

• (3) Subsection (2) does not apply to any amendments made by Part 1.

• (4) In this section “service law” means—

• (a) the system of service law established by the Armed Forces Act 2006 (c. 52); or

• (b) any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).

Extent

152

• (1) Subject as follows and to any other provision of this Act, this Act extends to England and Wales only.

• (2) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

• (a) section 77;

• (b) section 96;

• (c) section 113 (together with such of the other provisions of Part 7 as relate to the commission of offences under that section);

• (d) Part 10;

• (e) this Part (subject to subsection (5)).

• (3) The following provisions of this Act extend to England and Wales and Northern Ireland—

• (a) section 3 and Schedule 3;

• (b) section 39(3) and (6)(d) and paragraph 7 of Schedule 7;

• (c) sections 63 to 68 and Schedule 14;

• (d) section 76;

• (e) section 85(6) to (7B) (so far as relating to any provision of Part 3 of the Magistrates' Courts Act 1980 which extends to Northern Ireland);

• (f) sections 86 and 90 to 92 and Schedules 18 and 19.

• (4) The following provisions of this Act extend to Northern Ireland only—

• (a) sections 82 and 83;

• (b) sections 87, 88 and 89(1) to (5);

• (c) section 122 and Schedule 21.

• (5) Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.

• (6) The following amendments and repeals also extend to the Channel Islands and the Isle of Man—

• (a) the amendments of sections 26 and 70(1) of the Children and Young Persons Act 1969 (c. 54) (transfers between England or Wales and the Channel Islands or Isle of Man) made by Schedule 4, and

• (b) the repeals in Part 1 of Schedule 28 relating to those amendments.

• (7) In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application to Channel Islands, Isle of Man, etc.) the reference to that Act includes a reference to that Act as amended by Schedule 17.

• (8) In section 9(4) of the Repatriation of Prisoners Act 1984 (c. 47) (power to extend provisions of that Act to the Channel Islands etc.) the reference to that Act includes a reference to that Act as amended by any provision of this Act.

• (9) In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man, etc.) any reference to that Act includes a reference to—

• (a) that Act as amended by or under any provision of this Act,

• (b) section 151, and

• (c) paragraph 34 of Schedule 25.

• (10) Nothing in this section restricts the operation of section 76 and paragraph 27 of Schedule 27 in their application in relation to service offences (within the meaning of that paragraph).

Commencement

153

• (1) The following provisions of this Act come into force on the day on which this Act is passed—

• (a) section 53, Schedule 13, paragraph 77 of Schedule 26 and the repeals in Part 4 of Schedule 28 relating to—

• (i) paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), and

• (ii) Part 4 of Schedule 37 to that Act;

• (b) section 77;

• (c) section 128;

• (d) sections 138(1) to (4) and 139;

• (e) section 147;

• (f) section 148(3) to (7);

• (g) sections 150 and 152;

• (h) this section;

• (i) section 154;

• (j) paragraphs 6(3) and 12 to 16 of Schedule 16 and the repeals in Part 5 of Schedule 28 relating to Part 3A of the Public Order Act 1986 (c. 64);

• (k) paragraphs 35 to 39 of Schedule 26.

• (2) The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which it is passed—

• (a) section 62 and the related repeal in Part 4 of Schedule 28;

• (b) section 69 and paragraph 24 of Schedule 26;

• (c) section 70 and paragraph 25 of Schedule 26;

• (d) section 79 and the related repeals in Part 5 of Schedule 28;

• (e) paragraphs 2 to 7 of Schedule 15;

• (f) paragraph 24 of Schedule 27.

• (3) Where any particular provision or provisions of a Schedule come into force in accordance with subsection (1) or (2), the section introducing the Schedule also comes into force in accordance with that subsection so far as relating to the particular provision or provisions.

• (4) The following provisions come into force on such day as the Lord Chancellor may by order appoint—

• (a) section 19;

• (b) section 41;

• (c) sections 56 to 58;

• (d) sections 80 to 92 and Schedules 18 and 19;

• (e) paragraph 29 of Schedule 27.

• (5) Sections 119 to 121 come into force—

• (a) in relation to English NHS premises, on such day as the Secretary of State may by order appoint, and

• (b) in relation to Welsh NHS premises, on such day as the Welsh Ministers may by order appoint.

• (6) Section 122 and Schedule 21 come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint.

• (7) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

• (8) An order under any of subsections (4) to (7) may—

• (a) appoint different days for different purposes and in relation to different areas;

• (b) make such provision as the person making the order considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within that subsection.

Short title

154

This Act may be cited as the Criminal Justice and Immigration Act 2008.

SCHEDULE 1

Part 1 — Provisions to be included in youth rehabilitation orders

Imposition of requirements

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic monitoring requirement

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Youth rehabilitation order with intensive supervision and surveillance

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Youth rehabilitation order with fostering

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Intensive supervision and surveillance and fostering: further provisions

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Requirements

Activity requirement

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Activity requirement: instructions of responsible officer under paragraph 6(1)(d)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Activity requirement: further provisions

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision requirement

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unpaid work requirement

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Programme requirement

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance centre requirement

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibited activity requirement

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Curfew requirement

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion requirement

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Residence requirement

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authority residence requirement

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fostering requirement

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pre-conditions to imposing local authority residence requirement or fostering requirement

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental health treatment requirement

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mental health treatment at place other than that specified in order

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drug treatment requirement

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Drug testing requirement

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Intoxicating substance treatment requirement

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education requirement

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Electronic monitoring requirement

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend limits

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Provisions applying where court proposes to make youth rehabilitation order

Family circumstances

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of taking effect and other existing orders

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Concurrent and consecutive orders

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Provisions applying where court makes youth rehabilitation order etc.

Date for compliance with requirements to be specified in order

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local justice area to be specified in order

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of copies of orders

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to provide for court review of orders

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Order made by Crown Court: direction in relation to further proceedings

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Part 1 — Preliminary

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders made on appeal

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Breach of requirement of order

Duty to give warning

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Breach of order

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of summons or warrant by justice of the peace

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of magistrates' court

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of magistrates' court to refer offender to Crown Court

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Crown Court

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction of powers in paragraphs 6 and 8 where treatment required

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend amounts of fines

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Revocation of order

Revocation of order with or without re-sentencing: powers of appropriate court

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of order with or without re-sentencing: powers of Crown Court

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Amendment of order

Amendment by appropriate court

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment by Crown Court

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of powers under paragraph 13(2) or 14(2): further provisions

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of powers under paragraph 13(4) or 14(4): further provisions

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of unpaid work requirement

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 — Powers of court in relation to order following subsequent conviction

Powers of magistrates' court following subsequent conviction

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of Crown Court following subsequent conviction

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 6 — Supplementary

Appearance of offender before court

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Warrants

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjournment of proceedings

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on imposition of intensive supervision and surveillance or fostering

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of copies of orders etc.

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend maximum period of fostering requirement

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Part 1 — Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender resides or will reside in Northern Ireland

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications to Part 1

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “supervision”

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Provisions relating to an order made or amended under Part 1

Application of this Part

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of the youth rehabilitation order in Northern Ireland

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of offender to keep in touch with relevant officer

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of the home court in respect of the youth rehabilitation order

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of court in England or Wales before which the offender is required to appear

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Part 1 — Consequential amendments

Children and Young Persons Act 1933 (c. 12)

1

The Children and Young Persons Act 1933 has effect subject to the following amendments.

2

• (1) Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows.

• (2) In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

• (3) After subsection (7A) insert—

(7B) If it appears that at the time of his arrest a youth rehabilitation order, as defined in Part 1 of the Criminal Justice and Immigration Act 2008, is in force in respect of him, the responsible officer, as defined in section 4 of that Act, shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so.

3

• (1) Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.

• (2) In subsection (2), for paragraphs (c) and (d) substitute—

(c) proceedings in a magistrates' court under Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders); (d) proceedings on appeal from a magistrates' court arising out of any proceedings mentioned in paragraph (c) (including proceedings by way of case stated).

• (3) In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).

• (4) In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “ Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders) ”.

• (5) In subsection (13), omit paragraph (c)(i).

Criminal Appeal Act 1968 (c. 19)

4

In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—

(b) having been given a suspended sentence or made the subject of— (i) an order for conditional discharge, (ii) a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, or (iii) a community order within the meaning of Part 12 of the Criminal Justice Act 2003, appears or is brought before the Crown Court to be further dealt with for the offence.

Firearms Act 1968 (c. 27)

5

The Firearms Act 1968 has effect subject to the following amendments.

6

In section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

7

In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Health Services and Public Health Act 1968 (c. 46)

8

The Health Services and Public Health Act 1968 has effect subject to the following amendments.

9

In section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—

• (a) in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “ section 92 of ”, and

• (b) after that paragraph, insert—

(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;

.

10

In section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—

(xxii) Part 1 of the Criminal Justice and Immigration Act 2008;

.

Social Work (Scotland) Act 1968 (c. 49)

11

The Social Work (Scotland) Act 1968 has effect subject to the following amendments.

12

In section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “ , youth rehabilitation order ”.

13

In section 94(1) (interpretation)—

• (a) for the definition of “probation order” substitute—

“probation order”, in relation to an order imposed by a court in Northern Ireland, has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996,

,

• (b) in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and

• (c) at the end insert—

“youth rehabilitation order” means an order made under section 1 of the Criminal Justice and Immigration Act 2008.

Children and Young Persons Act 1969 (c. 54)

14

The Children and Young Persons Act 1969 has effect subject to the following amendments.

15

Omit section 25 (transfers between England or Wales and Northern Ireland).

16

• (1) Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.

• (2) In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

• (3) In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.

17

• (1) Section 32 (detention of absentees) is amended as follows.

• (2) In subsection (1A)—

• (a) in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and

• (b) for paragraph (b) substitute—

(b) from local authority accommodation— (i) in which he is required to live by virtue of a youth rehabilitation order imposing a local authority residence requirement (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008); or (ii) to which he has been remanded under paragraph 21 of Schedule 2 to that Act; or (iii) to which he has been remanded or committed under section 23(1) of this Act,

.

• (3) For subsection (1C) substitute—

(1C) In this section “the responsible person” means, as the case may be— (a) the person who made the arrangements under paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008; (b) the authority specified under paragraph 17(5) of Schedule 1 to that Act; (c) the authority designated under paragraph 21(10) of Schedule 2 to that Act; or (d) the authority designated under section 23 of this Act.

• (4) After subsection (1C) insert—

(1D) If a child or young person— (a) is required to reside with a local authority foster parent by virtue of a youth rehabilitation order with fostering, and (b) is absent, without the consent of the responsible officer (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008), from the place in which he is required to reside, he may be arrested by a constable anywhere in the United Kingdom without a warrant. (1E) A person so arrested shall be conducted to— (a) the place where he is required to reside, or (b) such other place as the local authority specified under paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008 may direct, at that local authority's expense.

• (5) In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.

• (6) In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.

• (7) In subsection (2B)—

• (a) after “subsection (1A)” insert “ or (1D) ”, and