Police and Justice Act 2006 (c. 48)

(The document as of February, 2008)

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3 (1) If--

(a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b) the Chief Inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the Chief Inspector shall, subject to sub-paragraph (6), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

(2) The persons or bodies within this sub-paragraph are--

(a) the Audit Commission for Local Government and the National Health Service in England and Wales;

(b) any other person or body specified by an order made by the Lord Chancellor.

(3) In sub-paragraph (1)(a) "specified organisation" means a person or body specified by an order made by the Lord Chancellor.

(4) A person or body may be specified under sub-paragraph (3) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of court administration under section 59 of this Act.

(5) A person or body may be specified under sub-paragraph (3) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(6) The Lord Chancellor may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(7) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (8).

(8) The Lord Chancellor, if satisfied that the proposed inspection--

(a) would not impose an unreasonable burden on the organisation in question, or

(b) would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(9) The Lord Chancellor may by order make provision supplementing that made by this paragraph, including in particular--

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(d) provision for revising or withdrawing notices;

(e) provision for setting aside notices not validly given.

Co-operation

4 The inspectors of court administration shall co-operate with--

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Inspectors of Constabulary,

(d) Her Majesty's Inspectorate of the National Probation Service for England and Wales,

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

(f) the Commission for Healthcare Audit and Inspection,

(g) the Commission for Social Care Inspection,

(h) the Audit Commission for Local Government and the National Health Service in England and Wales,

(i) the Auditor General for Wales, and

(j) any other public authority specified by an order made by the Lord Chancellor,

where it is appropriate to do so for the efficient and effective discharge of the inspectors' functions.

Joint action

5 (1) The inspectors of court administration may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectors' functions.

(2) The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a "joint inspection programme") setting out--

(a) what inspections the inspectors of court administration propose to carry out in the exercise of the power conferred by sub-paragraph (1), and

(b) what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

(3) The chief inspectors within this sub-paragraph are--

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of Constabulary;

(d) Her Majesty's Chief Inspector of the National Probation Service for England and Wales.

(4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.

(5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph.

(6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.

Assistance for other public authorities

6 (1) The inspectors of court administration may if they think it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.

(2) Assistance under this paragraph may be provided on such terms (including terms as to payment) as the Chief Inspector thinks fit. "

33 Transitional provision

In relation to any time before the commencement of the provision in Part 8 of the Education and Inspections Act 2006 (c. 40) establishing the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills, a reference to that inspector in any provision inserted by this Part is to be read as a reference to--

(a) Her Majesty's Chief Inspector of Schools in England, and

(b) the Adult Learning Inspectorate.

Part 5 Miscellaneous

Bail offences

34 Sentences of imprisonment for bail offences

(1) Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as follows.

(2) In section 195 (interpretation of terms used in Chapter 3), for the definition of "sentence of imprisonment" there is substituted--

" "sentence of imprisonment" does not include a sentence of imprisonment passed in respect of a summary conviction for an offence under section 6(1) or (2) of the Bail Act 1976. "

(3) In section 237 (meaning of "fixed-term prisoner" for purposes of Chapter 6), after subsection (1) there is inserted--

" (1A) In subsection (1)(a) "sentence of imprisonment" does not include a sentence of imprisonment passed in respect of a summary conviction for an offence under section 6(1) or (2) of the Bail Act 1976. "

(4) In section 257 (additional days for disciplinary offences), after subsection (2) there is inserted--

" (3) For the purposes of this section "fixed-term prisoner" includes a person serving a sentence of imprisonment passed in respect of an offence under section 6(1) or (2) of the Bail Act 1976. "

(5) In section 258 (early release for fine defaulters and contemnors), after subsection (1) there is inserted--

" (1A) This section also applies to a person serving a sentence of imprisonment passed in respect of a summary conviction for an offence under section 6(1) or (2) of the Bail Act 1976. "

(6) In section 305(1) (interpretation of Part 12), in paragraph (c) of the definition of "sentence of imprisonment", at the end there is inserted "(including contempt of court or any kindred offence)".

Computer misuse

35 Unauthorised access to computer material

(1) In the Computer Misuse Act 1990 (c. 18) ("the 1990 Act"), section 1 (offence of unauthorised access to computer material) is amended as follows.

(2) In subsection (1)--

(a) in paragraph (a), after "any computer" there is inserted ", or to enable any such access to be secured";

(b) in paragraph (b), after "secure" there is inserted ", or to enable to be secured,".

(3) For subsection (3) there is substituted--

" (3) A person guilty of an offence under this section shall be liable--

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

36 Unauthorised acts with intent to impair operation of computer, etc

For section 3 of the 1990 Act (unauthorised modification of computer material) there is substituted--

" 3 Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.

(1) A person is guilty of an offence if--

(a) he does any unauthorised act in relation to a computer;

(b) at the time when he does the act he knows that it is unauthorised; and

(2) This subsection applies if the person intends by doing the act--

(a) to impair the operation of any computer;

(b) to prevent or hinder access to any program or data held in any computer;

(d) to enable any of the things mentioned in paragraphs (a) to (c) above to be done.

(3) This subsection applies if the person is reckless as to whether the act will do any of the things mentioned in paragraphs (a) to (d) of subsection (2) above.

(4) The intention referred to in subsection (2) above, or the recklessness referred to in subsection (3) above, need not relate to--

(a) any particular computer;

(b) any particular program or data; or

(5) In this section--

(a) a reference to doing an act includes a reference to causing an act to be done;

(b) "act" includes a series of acts;

(6) A person guilty of an offence under this section shall be liable--

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

37 Making, supplying or obtaining articles for use in computer misuse offences

After section 3 of the 1990 Act there is inserted--

" 3A Making, supplying or obtaining articles for use in offence under section 1 or 3

(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3.

(2) A person is guilty of an offence if he supplies or offers to supply any article believing that it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3.

(3) A person is guilty of an offence if he obtains any article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3.

(4) In this section "article" includes any program or data held in electronic form.

(5) A person guilty of an offence under this section shall be liable--

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

38 Transitional and saving provision

(1) The amendments made by--

(a) subsection (2) of section 35, and

(b) paragraphs 19(2), 25(2) and 29(2) of Schedule 14,

apply only where every act or other event proof of which is required for conviction of an offence under section 1 of the 1990 Act takes place after that subsection comes into force.

(2) The amendments made by--

(a) subsection (3) of section 35, and

(b) paragraphs 23, 24, 25(4) and (5), 26, 27(2) and (7) and 28 of Schedule 14,

do not apply in relation to an offence committed before that subsection comes into force.

(3) An offence is not committed under the new section 3 unless every act or other event proof of which is required for conviction of the offence takes place after section 36 above comes into force.

(4) In relation to a case where, by reason of subsection (3), an offence is not committed under the new section 3--

(a) section 3 of the 1990 Act has effect in the form in which it was enacted;

(b) paragraphs 19(3), 25(3) to (5), 27(4) and (5) and 29(3) and (4) of Schedule 14 do not apply.

(5) An offence is not committed under the new section 3A unless every act or other event proof of which is required for conviction of the offence takes place after section 37 above comes into force.

(6) In the case of an offence committed before section 154(1) of the Criminal Justice Act 2003 (c. 44) comes into force, the following provisions have effect as if for "12 months" there were substituted "six months"--

(a) paragraph (a) of the new section 1(3);

(b) paragraph (a) of the new section 2(5);

(d) subsection (5)(a) of the new section 3A.

(7) In this section--

(a) "the new section 1(3)" means the subsection (3) substituted in section 1 of the 1990 Act by section 35 above;

(b) "the new section 2(5)" means the subsection (5) substituted in section 2 of the 1990 Act by paragraph 17 of Schedule 14 to this Act;

(d) "the new section 3A" means the section 3A inserted in the 1990 Act by section 37 above.

Forfeiture of indecent photographs of children

39 Forfeiture of indecent photographs of children: England and Wales

(1) The Protection of Children Act 1978 (c. 37) is amended as follows.

(2) In section 4 (entry, search and seizure)--

(a) subsection (3) is omitted;

(b) for subsection (4) there is substituted--

" (4) In this section "premises" has the same meaning as in the Police and Criminal Evidence Act 1984 (see section 23 of that Act). "

(3) For section 5 (forfeiture) there is substituted--

" 5 Forfeiture

The Schedule to this Act makes provision about the forfeiture of indecent photographs and pseudo-photographs. "

(4) At the end of the Act there is inserted the Schedule set out in Schedule 11 to this Act.

(5) The amendment made by paragraph (b) of subsection (2) has effect only in relation to warrants issued under section 4 of the Protection of Children Act 1978 after the commencement of that paragraph.

(6) The amendments made by subsections (2)(a), (3) and (4) and Schedule 11 have effect whether the property in question was lawfully seized before or after the coming into force of those provisions.

This is subject to subsection (7).

(7) Those amendments do not have effect in a case where the property has been brought before a justice of the peace under section 4(3) of the Protection of Children Act 1978 before the coming into force of those provisions.

40 Forfeiture of indecent photographs of children: Northern Ireland

(1) The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.

(2) In Article 4 (entry, search and seizure), for paragraph (2) there is substituted--

" (2) In this Article "premises" has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (see Article 25 of that Order). "

(3) For Articles 5 and 6 (forfeiture) there is substituted--

" 5 Forfeiture

The Schedule to this Order makes provision about the forfeiture of indecent photographs and pseudo-photographs. "

(4) At the end of the Order there is inserted the Schedule set out in Schedule 12.

(5) The amendment made by subsection (2) has effect only in relation to warrants granted under Article 4(1) of the Protection of Children (Northern Ireland) Order 1978 after the commencement of that subsection.

(6) The amendments made by subsections (3) and (4) and Schedule 12 have effect whether the property in question was lawfully seized before or after the coming into force of those provisions.

This is subject to subsection (7).

(7) Those amendments do not have effect in a case where the property has been brought before a resident magistrate under Article 5(1) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) before the coming into force of those provisions.

Independent Police Complaints Commission

41 Immigration and asylum enforcement functions: complaints and misconduct

(1) The Secretary of State may make regulations conferring functions on the Independent Police Complaints Commission in relation to--

(a) the exercise by immigration officers of specified enforcement functions;

(b) the exercise by officials of the Secretary of State of specified enforcement functions relating to immigration or asylum.

(2) In subsection (1) the reference to enforcement functions includes, in particular, reference to--

(a) powers of entry,

(b) powers to search persons or property,

(d) powers to arrest persons,

(e) powers to detain persons,

(f) powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data), and

(g) powers in connection with the removal of persons from the United Kingdom.

(3) Regulations under subsection (1) may not confer functions on the Independent Police Complaints Commission in relation to the exercise by any person of a function conferred on him by or under Part 8 of the Immigration and Asylum Act 1999 (c. 33).

(4) Regulations under subsection (1)--

(a) may apply (with or without modification) or make provision similar to any provision of or made under Part 2 of the Police Reform Act 2002 (c. 30) (complaints);

(b) may make provision for payment by the Secretary of State to or in respect of the Independent Police Complaints Commission.

(5) The Independent Police Complaints Commission and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function--

(a) by virtue of this section, or

(b) under the Parliamentary Commissioner Act 1967 (c. 13).

(6) The Independent Police Complaints Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which--

(a) the Independent Police Complaints Commission has functions by virtue of this section, and

(b) the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967 (c. 13).

(7) Regulations under subsection (1) shall relate only to the exercise of functions in or in relation to England and Wales.

(8) In this section "immigration officer" means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 (c. 77).

Extradition

42 Amendments to the Extradition Act 2003 etc

Schedule 13 (which in Part 1 makes amendments to the Extradition Act 2003 (c. 41) and in Part 2 makes other amendments concerning extradition) has effect.

43 Designation of United States of America

(1) In article 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) (territories designated for the purposes of sections 71, 73, 84 and 86 of the Extradition Act 2003) the entry for the United States of America is omitted.

(2) An order bringing subsection (1) into force is not to be made--

(a) within the period of 12 months beginning with the day on which this Act is passed, or

(b) if instruments of ratification of the 2003 treaty have been exchanged.

In this subsection "the 2003 treaty" means the Extradition Treaty between the United Kingdom of Great Britain and Northern Ireland and the United States of America signed at Washington on 31st March 2003.

(3) Subject to subsection (2), if after the end of the period mentioned in subsection (2)(a) a resolution is made by each House of Parliament that subsection (1) should come into force, the Secretary of State shall make an order under section 53 bringing it into force.

(4) An order made by virtue of subsection (3) must bring subsection (1) into force no later than one month after the day on which the resolutions referred to in subsection (3) are made or, if they are made on different days, the day on which the later resolution is made.

(5) If subsection (1) is brought into force, it does not affect the power of the Secretary of State to make a further order under section 71(4), 73(5), 84(7) or 86(7) of the Extradition Act 2003 amending article 3 of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 so as to add a reference to the United States of America.

(6) An order such as is mentioned in subsection (5) may include provision repealing this section.

Repatriation of prisoners

44 Transfer of prisoner under international arrangements not requiring his consent

(1) Section 1 of the Repatriation of Prisoners Act 1984 (c. 47) (issue of warrant for transfer) is amended as follows.

(2) In subsection (1), for paragraph (c) there is substituted--

" (c) in a case in which the terms of those arrangements provide for the prisoner to be transferred only with his consent, the prisoner's consent has been given, " .

(3) In subsection (5), for the words from the beginning to "was given" there is substituted "In such a case as is referred to in subsection (1)(c) above, the relevant Minister shall not issue a warrant under this Act unless he is satisfied that the prisoner's consent was given".

(4) The amendments to section 1 of the 1984 Act in subsections (2) and (3) do not have effect in relation to any case in which the relevant Minister under that section is the Scottish Ministers.

Live links

45 Attendance by accused at certain preliminary or sentencing hearings

For section 57 of the Crime and Disorder Act 1998 (c. 37) (use of live television links at preliminary hearings) there is substituted--

" Part 3A Live links for accused's attendance at certain preliminary and sentencing hearings

57A Introductory

(1) This Part--

(a) applies to preliminary hearings and sentencing hearings in the course of proceedings for an offence; and

(b) enables the court in the circumstances provided for in sections 57B, 57C and 57E to direct the use of a live link for securing the accused's attendance at a hearing to which this Part applies.

(2) The accused is to be treated as present in court when, by virtue of a live link direction under this Part, he attends a hearing through a live link.

(3) In this Part--

"custody"--
(a)
includes local authority accommodation to which a person is remanded or committed by virtue of section 23 of the Children and Young Persons Act 1969; but
(b)
does not include police detention;
"live link" means an arrangement by which a person (when not in the place where the hearing is being held) is able to see and hear, and to be seen and heard by, the court during a hearing (and for this purpose any impairment of eyesight or hearing is to be disregarded);
"police detention" has the meaning given by section 118(2) of the Police and Criminal Evidence Act 1984;
"preliminary hearing" means a hearing in the proceedings held before the start of the trial (within the meaning of subsection (11A) or (11B) of section 22 of the 1985 Act) including, in the case of proceedings in the Crown Court, a preparatory hearing held under--
(a)
section 7 of the Criminal Justice Act 1987 (cases of serious or complex fraud); or
(b)
section 29 of the Criminal Procedure and Investigations Act 1996 (other serious, complex or lengthy cases);
"sentencing hearing" means any hearing following conviction which is held for the purpose of--
(a)
proceedings relating to the giving or rescinding of a direction under section 57E;
(b)
proceedings (in a magistrates' court) relating to committal to the Crown Court for sentencing; or
(c)
sentencing the offender or determining how the court should deal with him in respect of the offence.

57B Use of live link at preliminary hearings where accused is in custody

(1) This section applies in relation to a preliminary hearing in a magistrates' court or the Crown Court.

(2) Where it appears to the court before which the preliminary hearing is to take place that the accused is likely to be held in custody during the hearing, the court may give a live link direction under this section in relation to the attendance of the accused at the hearing.

(3) A live link direction under this section is a direction requiring the accused, if he is being held in custody during the hearing, to attend it through a live link from the place at which he is being held.

(4) If a hearing takes place in relation to the giving or rescinding of such a direction, the court may require or permit a person attending the hearing to do so through a live link.

(5) The court shall not give or rescind such a direction (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations.

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