Criminal Justice and Immigration Act 2008

• (a) after “if” insert “ , within 28 days from the date on which the sentence was passed, ”, and

• (b) for “the sentence” substitute “ it ”.

4

In section 12 (appeal against verdict of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “ , within 28 days from the date of the verdict, ”.

5

In section 15 (appeal against finding of disability), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the finding that the accused did the act or made the omission charged, ”.

Powers of Court to substitute different sentence

6

• (1) Section 4 (sentence when appeal allowed on part of indictment) is amended as follows.

• (2) For the heading substitute “ Power to re-sentence where appellant remains convicted of related offences ”.

• (3) For subsection (1) substitute—

(1) This section applies where— (a) two or more related sentences are passed, (b) the Court of Appeal allow an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but (c) the appellant remains convicted of one or more of those offences.

• (4) In subsection (2)—

• (a) for “in respect of any count on which the appellant remains convicted” substitute “ in respect of any related offence of which the appellant remains convicted ”, and

• (b) omit “for the offence of which he remains convicted on that count”.

• (5) In subsection (3)—

• (a) for “on the indictment as a whole” substitute “ (taken as a whole) for all the related offences of which he remains convicted ”, and

• (b) for “for all offences of which he was convicted on the indictment” substitute “ for all the related offences ”.

• (6) After subsection (3) insert—

(4) For the purposes of subsection (1)(a), two or more sentences are related if— (a) they are passed on the same day, (b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or (c) they are passed on different days but in respect of counts on the same indictment. (5) Where— (a) two or more sentences are related to each other by virtue of subsection (4)(a) or (b), and (b) any one or more of those sentences is related to one or more other sentences by virtue of subsection (4)(c), all the sentences are to be treated as related for the purposes of subsection (1)(a).

Interim hospital orders

7

The following provisions (which relate to the effect of interim hospital orders made by the Court of Appeal) are omitted—

• (a) section 6(5) and the definition of interim hospital order in section 6(7),

• (b) section 11(6),

• (c) section 14(5) and the definition of interim hospital order in section 14(7), and

• (d) section 16B(3).

8

Before section 31 (but after the cross-heading preceding it) insert—

(30A) (1) This section applies where the Court of Appeal— (a) make an interim hospital order by virtue of any provision of this Part, or (b) renew an interim hospital order so made. (2) The court below shall be treated for the purposes of section 38(7) of the Mental Health Act 1983 (absconding offenders) as the court that made the order.

9

In section 31 (powers of Court which are exercisable by single judge) after subsection (2) insert—

(2ZA) The power of the Court of Appeal to renew an interim hospital order made by them by virtue of any provision of this Part may be exercised by a single judge in the same manner as it may be exercised by the Court.

Evidence

10

• (1) Section 23 (evidence) is amended as follows.

• (2) In subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

• (3) In that subsection, for paragraph (b) substitute—

(b) order any witness to attend for examination and be examined before the Court (whether or not he was called in the proceedings from which the appeal lies); and

.

• (4) After subsection (1) insert—

(1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to— (a) the Court; (b) the appellant; (c) the respondent.

• (5) In subsection (4) after “an appeal” insert “ , or an application for leave to appeal, ”.

• (6) After subsection (5) insert—

(6) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.

Powers of single judge

11

• (1) Section 31 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.

• (2) In the heading, omit “under Part 1”.

• (3) After subsection (2C) insert—

(2D) The power of the Court of Appeal to grant leave to appeal under section 9(11) of the Criminal Justice Act 1987 may be exercised by a single judge in the same manner as it may be exercised by the Court. (2E) The power of the Court of Appeal to grant leave to appeal under section 35(1) of the Criminal Procedure and Investigations Act 1996 may be exercised by a single judge in the same manner as it may be exercised by the Court.

Appeals against procedural directions

12

In section 31C (appeals against procedural directions), omit subsections (1) and (2).

Detention of defendant pending appeal to Supreme Court

13

• (1) Section 37 (detention of defendant on appeal by Crown) is amended as follows.

• (2) In subsection (2) for the words from “may make” to the end substitute

shall make— (a) an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 36 above), so long as the appeal is pending, or (b) an order that he be released without bail.

• (3) After subsection (2) insert—

(2A) The Court may make an order under subsection (2)(b) only if they think that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.

• (4) In subsection (3) for “this section” substitute “ subsection (2)(a) ”.

• (5) In subsection (4) for “this section” (in each place where it occurs) substitute “ subsection (2)(a) ”.

• (6) In subsection (4A) for “this section” (in the first place where it occurs) substitute “ subsection (2)(a) ”.

• (7) For subsection (5) substitute—

(5) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if— (a) the Court of Appeal have made an order under subsection (2)(b), or (b) the Court have made an order under subsection (2)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).

Part 2 — Amendments of Criminal Appeal (Northern Ireland) Act 1980

14

The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to the following amendments.

Time limit on grant of certificates of fitness for appeal

15

In section 1 (appeal against conviction), in paragraph (b) after “if” insert “ , within 28 days from the date of the conviction, ”.

16

In section 12 (appeal against finding of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “ , within 28 days from the date of the finding, ”.

17

In section 13A (appeal against finding of unfitness to be tried), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the finding that the person did the act or made the omission charged, ”.

Powers of Court to substitute different sentence

18

• (1) Section 4 (alteration of sentence on appeal against conviction) is amended as follows.

• (2) For subsection (1) substitute—

(1) Subsection (1A) applies where— (a) two or more related sentences are passed, (b) the Court of Appeal allows an appeal against conviction in respect of one or more of the offences for which the sentences were passed (“the related offences”), but (c) the appellant remains convicted of one or more of those offences. (1A) The Court may, in respect of any related offence of which the appellant remains convicted, pass such sentence, in substitution for the sentence passed thereon at the trial, as it thinks proper and is authorised by law.

• (3) After subsection (2) insert—

(3) For the purposes of subsection (1)(a), two or more sentences are related if— (a) they are passed on the same day, (b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence, or (c) they are passed on different days but in respect of counts on the same indictment. (4) Where— (a) two or more sentences are related to each other by virtue of subsection (3)(a) or (b), and (b) any one or more of those sentences is related to one or more other sentences by virtue of subsection (3)(c), all the sentences are to be treated as related for the purposes of subsection (1)(a).

Interim hospital orders

19

Section 10(6) (effect of interim hospital orders made by Court of Appeal) is omitted.

20

• (1) For the cross-heading preceding section 30 substitute— “ Supplementary ”.

• (2) Before section 30 (but after the cross-heading preceding it) insert—

(29A) (1) This section applies where the Court of Appeal— (a) makes an interim hospital order by virtue of any provision of this Part, or (b) renews an interim hospital order so made. (2) The Crown Court shall be treated for the purposes of Article 45(6) of the Mental Health Order (absconding offenders) as the court that made the order.

21

In section 45 (powers of Court which are exercisable by single judge) after subsection (3) insert—

(3ZA) The power of the Court of Appeal to renew an interim hospital order made by it by virtue of any provision of this Act may be exercised by a single judge in the same manner as it may be exercised by the Court.

Evidence

22

• (1) Section 25 (evidence) is amended as follows.

• (2) In subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

• (3) In that subsection, for paragraph (b) substitute—

(b) order any witness to attend and be examined before the Court (whether or not he was called at the trial); and

.

• (4) After subsection (1) insert—

(1A) The power conferred by subsection (1)(a) may be exercised so as to require the production of any document, exhibit or other thing mentioned in that subsection to— (a) the Court; (b) the appellant; (c) the respondent.

• (5) After subsection (3) insert—

(4) In this section, “respondent” includes a person who will be a respondent if leave to appeal is granted.

23

In section 26 (additional powers of Court), in subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

Detention of defendant pending appeal to Supreme Court

24

• (1) Section 36 (detention of defendant on appeal by Crown) is amended as follows.

• (2) In subsection (1) for the words from “may make” to the end substitute

shall make— (a) an order providing for his detention, or directing that he shall not be released except on bail (which may be granted by the Court as under section 35 above), so long as the appeal is pending, or (b) an order that he be released without bail.

• (3) After subsection (1) insert—

(1A) The Court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.

• (4) In subsection (2) for “subsection (1)” substitute “ subsection (1)(a) ”.

• (5) In subsection (3) for “this section” (in each place where it occurs) substitute “ subsection (1)(a) ”.

• (6) In subsection (3A) for “this section” (in the first place where it occurs) substitute “ subsection (1)(a) ”.

• (7) For subsection (4) substitute—

(4) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if— (a) the Court of Appeal has made an order under subsection (1)(b), or (b) the Court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (2) or the defendant has been released or discharged by virtue of subsection (3) or (3A).

Powers of single judge

25

• (1) Section 45 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.

• (2) After subsection (3C) insert—

(3D) The power of the Court of Appeal to grant leave to appeal under Article 8(11) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 may be exercised by a single judge in the same manner as it may be exercised by the Court.

Part 3 — Amendments of other Acts

Detention of defendant pending appeal from High Court to Supreme Court

26

• (1) Section 5 of the Administration of Justice Act 1960 (c. 65) (power to order detention or admission to bail of defendant) is amended as follows.

• (2) In subsection (1) for the words from “may make” to the end substitute

shall make— (a) an order providing for the detention of the defendant, or directing that he shall not be released except on bail (which may be granted by the court as under section 4 above), so long as the appeal is pending, or (b) an order that the defendant be released without bail.

• (3) After subsection (1) insert—

(1A) The court may make an order under subsection (1)(b) only if it thinks that it is in the interests of justice that the defendant should not be liable to be detained as a result of the decision of the Supreme Court on the appeal.

• (4) In subsection (3) for “subsection (1)” substitute “ subsection (1)(a) ”.

• (5) In subsection (4) for “the said subsection (1)” substitute “ the said subsection (1)(a) ”.

• (6) In subsection (4A) for “the said subsection (1)” substitute “ the said subsection (1)(a) ”.

• (7) For subsection (5) substitute—

(5) The defendant shall not be liable to be detained again as a result of the decision of the Supreme Court on the appeal if— (a) the court has made an order under subsection (1)(b), or (b) the court has made an order under subsection (1)(a) but the order has ceased to have effect by virtue of subsection (3) or the defendant has been released or discharged by virtue of subsection (4) or (4A).

Variation of sentences by Crown Court

27

• (1) Section 49 of the Judicature (Northern Ireland) Act 1978 (c. 23) (sentences imposed and other decisions made by Crown Court) is amended as follows.

• (2) In subsection (2)—

• (a) for “28 days” substitute “ 56 days ”, and

• (b) omit the words from “or, where subsection (3) applies,” to the end.

• (3) After subsection (2) insert—

(2A) The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined.

• (4) Subsection (3) is omitted.

28

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

SCHEDULE 9

1

The Crime and Disorder Act 1998 (c. 37) has effect subject to the following amendments.

2

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

3

After section 66 insert—

(66A) (1) An authorised person may give a youth conditional caution to a child or young person (“the offender”) if— (a) the offender has not previously been convicted of an offence, and (b) each of the five requirements in section 66B is satisfied. (2) In this Chapter, “youth conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply. (3) The conditions which may be attached to such a caution are those which have one or more of the following objects— (a) facilitating the rehabilitation of the offender; (b) ensuring that the offender makes reparation for the offence; (c) punishing the offender. (4) The conditions that may be attached to a youth conditional caution include— (a) (subject to section 66C) a condition that the offender pay a financial penalty; (b) a condition that the offender attend at a specified place at specified times. “Specified” means specified by a relevant prosecutor. (5) Conditions attached by virtue of subsection (4)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation. (6) The Secretary of State may by order amend subsection (5) by substituting a different figure. (7) In this section, “authorised person” means— (a) a constable, (b) an investigating officer, or (c) a person authorised by a relevant prosecutor for the purposes of this section. (66B) (1) The first requirement is that the authorised person has evidence that the offender has committed an offence. (2) The second requirement is that a relevant prosecutor decides— (a) that there is sufficient evidence to charge the offender with the offence, and (b) that a youth conditional caution should be given to the offender in respect of the offence. (3) The third requirement is that the offender admits to the authorised person that he committed the offence. (4) The fourth requirement is that the authorised person explains the effect of the youth conditional caution to the offender and warns him that failure to comply with any of the conditions attached to the caution may result in his being prosecuted for the offence. (5) If the offender is aged 16 or under, the explanation and warning mentioned in subsection (4) must be given in the presence of an appropriate adult. (6) The fifth requirement is that the offender signs a document which contains— (a) details of the offence, (b) an admission by him that he committed the offence, (c) his consent to being given the youth conditional caution, and (d) the conditions attached to the caution. (66C) (1) A condition that the offender pay a financial penalty (a “financial penalty condition”) may not be attached to a youth conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State. (2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a). (3) The amount that may be prescribed in respect of any offence must not exceed £100. (4) The Secretary of State may by order amend subsection (3) by substituting a different figure. (5) Where a financial penalty condition is attached to a youth conditional caution, a relevant prosecutor must also specify— (a) the amount of the penalty, and (b) the person to whom the financial penalty is to be paid and how it may be paid. (6) To comply with the condition, the offender must pay the penalty in accordance with the provision specified under subsection (5)(b). (7) Where a financial penalty is (in accordance with the provision specified under subsection (5)(b)) paid to a person other than a designated officer for a local justice area, the person to whom it is paid must give the payment to such an officer. (66D) A relevant prosecutor may, with the consent of the offender, vary the conditions attached to a youth conditional caution by— (a) modifying or omitting any of the conditions; (b) adding a condition. (66E) (1) If the offender fails, without reasonable excuse, to comply with any of the conditions attached to the youth conditional caution, criminal proceedings may be instituted against the person for the offence in question. (2) The document mentioned in section 66B(6) is to be admissible in such proceedings. (3) Where such proceedings are instituted, the youth conditional caution is to cease to have effect. (4) Section 24A(1) of the Criminal Justice Act 2003 (“the 2003 Act”) applies in relation to the conditions attached to a youth conditional caution as it applies in relation to the conditions attached to a conditional caution (within the meaning of Part 3 of that Act). (5) Sections 24A(2) to (9) and 24B of the 2003 Act apply in relation to a person who is arrested under section 24A(1) of that Act by virtue of subsection (4) above as they apply in relation to a person who is arrested under that section for failing to comply with any of the conditions attached to a conditional caution (within the meaning of Part 3 of that Act). (66F) Where a person who has been given a youth conditional caution is convicted of an offence committed within two years of the giving of the caution, the court by or before which the person is so convicted— (a) may not make an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the offender which justify its doing so; and (b) where it does make such an order, must state in open court that it is of that opinion and why it is. (66G) (1) The Secretary of State must prepare a code of practice in relation to youth conditional cautions. (2) The code may, in particular, make provision as to— (a) the circumstances in which youth conditional cautions may be given, (b) the procedure to be followed in connection with the giving of such cautions, (c) the conditions which may be attached to such cautions and the time for which they may have effect, (d) the category of constable or investigating officer by whom such cautions may be given, (e) the persons who may be authorised by a relevant prosecutor for the purposes of section 66A, (f) the form which such cautions are to take and the manner in which they are to be given and recorded, (g) the places where such cautions may be given, (h) the provision which may be made by a relevant prosecutor under section 66C(5)(b), (i) the monitoring of compliance with conditions attached to such cautions, (j) the exercise of the power of arrest conferred by section 24A(1) of the Criminal Justice Act 2003 (c. 44) as it applies by virtue of section 66E(4), (k) who is to decide how a person should be dealt with under section 24A(2) of that Act as it applies by virtue of section 66E(5). (3) After preparing a draft of the code the Secretary of State— (a) must publish the draft, (b) must consider any representations made to him about the draft, and (c) may amend the draft accordingly, but he may not publish or amend the draft without the consent of the Attorney General. (4) After the Secretary of State has proceeded under subsection (3) he must lay the code before each House of Parliament. (5) When he has done so he may bring the code into force by order. (6) The Secretary of State may from time to time revise a code of practice brought into force under this section. (7) Subsections (3) to (6) are to apply (with appropriate modifications) to a revised code as they apply to an original code. (66H) In this Chapter— (a) “appropriate adult” has the meaning given by section 65(7); (b) “authorised person” has the meaning given by section 66A(7); (c) “investigating officer” means an officer of Revenue and Customs, appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or a person designated as an investigating officer under section 38 of the Police Reform Act 2002 (c. 30); (d) “the offender” has the meaning given by section 66A(1); (e) “relevant prosecutor” means— (i) the Attorney General, (ii) the Director of the Serious Fraud Office, (iii) the Director of Revenue and Customs Prosecutions, (iv) the Director of Public Prosecutions, (v) the Secretary of State, or (vi) a person who is specified in an order made by the Secretary State as being a relevant prosecutor for the purposes of this Chapter; (f) “youth conditional caution” has the meaning given by section 66A(2).

4

• (1) Section 114 (orders and regulations) is amended as follows.

• (2) In subsection (2) (which specifies orders that are subject to annulment in pursuance of a resolution of either House of Parliament), for “or 10(6)” substitute “ 10(6), 66C(1) or 66H(e)(vi) ”.

• (3) After subsection (2) insert—

(2A) Subsection (2) also applies to a statutory instrument containing— (a) an order under section 66C(4) unless the order makes provision of the kind mentioned in subsection (3A)(a) below, or (b) an order under section 66G(5) other than the first such order.

• (4) In subsection (3) (which specifies orders that may not be made unless a draft has been approved by a resolution of each House of Parliament) after “41(6)” insert “ , 66A(6) ”.

• (5) After subsection (3) insert—

(3A) Subsection (3) also applies to— (a) an order under section 66C(4) which makes provision increasing the figure in section 66C(3) by more than is necessary to reflect changes in the value of money, and (b) the first order under section 66G(5).

SCHEDULE 10

1

The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

2

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

3

After section 8 (defamation actions) there is inserted—

(8A) (1) Schedule 2 to this Act (protection for spent cautions) shall have effect. (2) In this Act “caution” means— (a) a conditional caution, that is to say, a caution given under section 22 of the Criminal Justice Act 2003 (c. 44) (conditional cautions for adults) or under section 66A of the Crime and Disorder Act 1998 (c. 37) (conditional cautions for children and young persons); (b) any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, that person has admitted; (c) a reprimand or warning given under section 65 of the Crime and Disorder Act 1998 (reprimands and warnings for persons aged under 18); (d) anything corresponding to a caution, reprimand or warning falling within paragraphs (a) to (c) (however described) which is given to a person in respect of an offence under the law of a country outside England and Wales.

4

After section 9 (unauthorised disclosure of spent convictions) insert—

(9A) (1) In this section— (a) “official record” means a record which— (i) contains information about persons given a caution for any offence or offences; and (ii) is kept for the purposes of its functions by any court, police force, Government department or other public authority in England and Wales; (b) “caution information” means information imputing that a named or otherwise identifiable living person (“the named person”) has committed, been charged with or prosecuted or cautioned for any offence which is the subject of a spent caution; and (c) “relevant person” means any person who, in the course of his official duties (anywhere in the United Kingdom), has or at any time has had custody of or access to any official record or the information contained in it. (2) Subject to the terms of any order made under subsection (5), a relevant person shall be guilty of an offence if, knowing or having reasonable cause to suspect that any caution information he has obtained in the course of his official duties is caution information, he discloses it, otherwise than in the course of those duties, to another person. (3) In any proceedings for an offence under subsection (2) it shall be a defence for the defendant to show that the disclosure was made— (a) to the named person or to another person at the express request of the named person; (b) to a person whom he reasonably believed to be the named person or to another person at the express request of a person whom he reasonably believed to be the named person. (4) Any person who obtains any caution information from any official record by means of any fraud, dishonesty or bribe shall be guilty of an offence. (5) The Secretary of State may by order make such provision as appears to him to be appropriate for excepting the disclosure of caution information derived from an official record from the provisions of subsection (2) in such cases or classes of case as may be specified in the order. (6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (7) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 51 weeks, or to both. (8) Proceedings for an offence under subsection (2) shall not be instituted except by or on behalf of the Director of Public Prosecutions.

5

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

6

After that Schedule insert—

SCHEDULE 2 (1) (1) For the purposes of this Schedule a caution shall be regarded as a spent caution— (a) in the case of a conditional caution (as defined in section 8A(2)(a)), at the end of the relevant period for the caution; (b) in any other case, at the time the caution is given. (2) In sub-paragraph (1)(a) “the relevant period for the caution” means (subject to sub-paragraph (3)) the period of three months from the date on which the conditional caution was given. (3) If the person concerned is subsequently prosecuted and convicted of the offence in respect of which a conditional caution was given— (a) the relevant period for the caution shall end at the same time as the rehabilitation period for the offence; and (b) if the conviction occurs after the end of the period mentioned in sub-paragraph (1)(a), the caution shall be treated for the purposes of this Schedule as not having become spent in relation to any period before the end of the rehabilitation period for the offence. (2) (1) In this Schedule “ancillary circumstances”, in relation to a caution, means any circumstances of the following— (a) the offence which was the subject of the caution or the conduct constituting that offence; (b) any process preliminary to the caution (including consideration by any person of how to deal with that offence and the procedure for giving the caution); (c) any proceedings for that offence which take place before the caution is given (including anything which happens after that time for the purpose of bringing the proceedings to an end); (d) any judicial review proceedings relating to the caution; (e) in the case of a warning under section 65 of the Crime and Disorder Act 1998 (c. 37), anything done in pursuance of or undergone in compliance with a requirement to participate in a rehabilitation programme under section 66(2) of that Act; (f) in the case of a conditional caution, any conditions attached to the caution or anything done in pursuance of or undergone in compliance with those conditions. (2) Where the caution relates to two or more offences, references in sub-paragraph (1) to the offence which was the subject of the caution include a reference to each of the offences concerned. (3) In this Schedule “proceedings before a judicial authority” has the same meaning as in section 4. (3) (1) A person who is given a caution for an offence shall, from the time the caution is spent, be treated for all purposes in law as a person who has not committed, been charged with or prosecuted for, or been given a caution for the offence; and notwithstanding the provisions of any other enactment or rule of law to the contrary— (a) no evidence shall be admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in England and Wales to prove that any such person has committed, been charged with or prosecuted for, or been given a caution for the offence; and (b) a person shall not, in any such proceedings, be asked and, if asked, shall not be required to answer, any question relating to his past which cannot be answered without acknowledging or referring to a spent caution or any ancillary circumstances. (2) Nothing in sub-paragraph (1) applies in relation to any proceedings for the offence which are not part of the ancillary circumstances relating to the caution. (3) Where a question seeking information with respect to a person's previous cautions, offences, conduct or circumstances is put to him or to any other person otherwise than in proceedings before a judicial authority— (a) the question shall be treated as not relating to spent cautions or to any ancillary circumstances, and the answer may be framed accordingly; and (b) the person questioned shall not be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose a spent caution or any ancillary circumstances in his answer to the question. (4) Any obligation imposed on any person by any rule of law or by the provisions of any agreement or arrangement to disclose any matters to any other person shall not extend to requiring him to disclose a spent caution or any ancillary circumstances (whether the caution is his own or another's). (5) A caution which has become spent or any ancillary circumstances, or any failure to disclose such a caution or any such circumstances, shall not be a proper ground for dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing him in any way in any occupation or employment. (6) This paragraph has effect subject to paragraphs 4 to 6. (4) The Secretary of State may by order— (a) make provision for excluding or modifying the application of either or both of paragraphs (a) or (b) of paragraph 3(3) in relation to questions put in such circumstances as may be specified in the order; (b) provide for exceptions from the provisions of sub-paragraphs (4) and (5) of paragraph 3, in such cases or classes of case, and in relation to cautions of such a description, as may be specified in the order. (5) Nothing in paragraph 3 affects— (a) the operation of the caution in question; or (b) the operation of any enactment by virtue of which, in consequence of any caution, a person is subject to any disqualification, disability, prohibition or other restriction or effect, the period of which extends beyond the rehabilitation period applicable to the caution. (6) (1) Section 7(2), (3) and (4) apply for the purposes of this Schedule as follows. (2) Subsection (2) (apart from paragraphs (b) and (d)) applies to the determination of any issue, and the admission or requirement of any evidence, relating to a person's previous cautions or to ancillary circumstances as it applies to matters relating to a person's previous convictions and circumstances ancillary thereto. (3) Subsection (3) applies to evidence of a person's previous cautions and ancillary circumstances as it applies to evidence of a person's convictions and the circumstances ancillary thereto; and for this purpose subsection (3) shall have effect as if— (a) any reference to subsection (2) or (4) of section 7 were a reference to that subsection as applied by this paragraph; and (b) the words “or proceedings to which section 8 below applies” were omitted. (4) Subsection (4) applies for the purpose of excluding the application of paragraph 3(1); and for that purpose subsection (4) shall have effect as if the words “(other than proceedings to which section 8 below applies)” were omitted. (5) References in the provisions applied by this paragraph to section 4(1) are to be read as references to paragraph 3(1).

SCHEDULE 11

1

The Bail Act 1976 (c. 63) has effect subject to the following amendments.

2

In section 3 (general provisions) for subsection (6ZAA) substitute—

(6ZAA) The requirements which may be imposed under subsection (6) include electronic monitoring requirements. The imposition of electronic monitoring requirements is subject to section 3AA (in the case of a child or young person), section 3AB (in the case of other persons) and section 3AC (in all cases). (6ZAB) In this section and sections 3AA to 3AC “electronic monitoring requirements” means requirements imposed for the purpose of securing the electronic monitoring of a person's compliance with any other requirement imposed on him as a condition of bail.

3

• (1) Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows.

• (2) In the heading to the section, for “Electronic monitoring of compliance with bail conditions” substitute “ Conditions for the imposition of electronic monitoring requirements: children and young persons ”.

• (3) For subsection (1) substitute—

(1) A court may not impose electronic monitoring requirements on a child or young person unless each of the following conditions is met.

• (4) For subsection (4) substitute—

(4) The third condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area.'

• (5) In subsection (5), for “such a requirement” substitute “ electronic monitoring requirements ”.

• (6) Subsections (6) to (10) and (12) (which are superseded by section 3AC) are omitted.

4

After section 3AA insert—

(3AB) (1) A court may not impose electronic monitoring requirements on a person who has attained the age of seventeen unless each of the following conditions is met. (2) The first condition is that the court is satisfied that without the electronic monitoring requirements the person would not be granted bail. (3) The second condition is that the court is satisfied that the necessary provision for dealing with the person concerned can be made under arrangements for the electronic monitoring of persons released on bail that are currently available in each local justice area which is a relevant area. (4) If the person is aged seventeen, the third condition is that a youth offending team has informed the court that in its opinion the imposition of electronic monitoring requirements will be suitable in his case. (3AC) (1) Where a court imposes electronic monitoring requirements as a condition of bail, the requirements must include provision for making a person responsible for the monitoring. (2) A person may not be made responsible for the electronic monitoring of a person on bail unless he is of a description specified in an order made by the Secretary of State. (3) The Secretary of State may make rules for regulating— (a) the electronic monitoring of persons on bail; (b) without prejudice to the generality of paragraph (a), the functions of persons made responsible for such monitoring. (4) The rules may make different provision for different cases. (5) Any power of the Secretary of State to make an order or rules under this section is exercisable by statutory instrument. (6) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) For the purposes of section 3AA or 3AB a local justice area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area. (8) Nothing in sections 3, 3AA or 3AB is to be taken to require the Secretary of State to ensure that arrangements are made for the electronic monitoring of persons released on bail.

SCHEDULE 12

1

The Bail Act 1976 (c. 63) is amended as follows.

2

In section 3(6D)(a) (condition to be imposed on person in relation to whom paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after “apply” insert “ (including where P is a person to whom the provisions of Part 1A of Schedule 1 apply) ”.

3

After section 9 (offence of agreeing to indemnify sureties in criminal proceedings) insert—

(9A) (1) This section applies whenever— (a) a magistrates' court is considering whether to withhold or grant bail in relation to a person aged under 18 who is accused of a scheduled offence; and (b) the trial of that offence has not begun. (2) The court shall, before deciding whether to withhold or grant bail, consider whether, having regard to any representations made by the prosecutor or the accused person, the value involved does not exceed the relevant sum for the purposes of section 22. (3) The duty in subsection (2) does not apply in relation to an offence if— (a) a determination under subsection (4) has already been made in relation to that offence; or (b) the accused person is, in relation to any other offence of which he is accused which is not a scheduled offence, a person to whom Part 1 of Schedule 1 to this Act applies. (4) If where the duty in subsection (2) applies it appears to the court clear that, for the offence in question, the amount involved does not exceed the relevant sum, the court shall make a determination to that effect. (5) In this section— (a) “relevant sum” has the same meaning as in section 22(1) of the Magistrates' Courts Act 1980 (certain either way offences to be tried summarily if value involved is less than the relevant sum); (b) “scheduled offence” means an offence mentioned in Schedule 2 to that Act (offences for which the value involved is relevant to the mode of trial); and (c) “the value involved” is to be construed in accordance with section 22(10) to (12) of that Act.

4

Schedule 1 (persons entitled to bail: supplementary provisions) is amended as follows.

5

• (1) Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1) of that paragraph.

• (2) In that sub-paragraph at the beginning insert “ Subject to sub-paragraph (2), ”.

• (3) After that sub-paragraph insert—

(2) But those provisions do not apply by virtue of sub-paragraph (1)(a) if the offence, or each of the offences punishable with imprisonment, is— (a) a summary offence; or (b) an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (offences for which the value involved is relevant to the mode of trial) in relation to which— (i) a determination has been made under section 22(2) of that Act (certain either way offences to be tried summarily if value involved is less than the relevant sum) that it is clear that the value does not exceed the relevant sum for the purposes of that section; or (ii) a determination has been made under section 9A(4) of this Act to the same effect.

6

After Part 1 insert—

(1) The following provisions of this Part apply to the defendant if— (a) the offence or one of the offences of which he is accused or convicted is punishable with imprisonment, but (b) Part 1 does not apply to him by virtue of paragraph 1(2) of that Part. (2) The defendant need not be granted bail if— (a) it appears to the court that, having been previously granted bail in criminal proceedings, he has failed to surrender to custody in accordance with his obligations under the grant of bail; and (b) the court believes, in view of that failure, that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody. (3) The defendant need not be granted bail if— (a) it appears to the court that the defendant was on bail in criminal proceedings on the date of the offence; and (b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would commit an offence while on bail. (4) The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail by engaging in conduct that would, or would be likely to, cause— (a) physical or mental injury to any person other than the defendant; or (b) any person other than the defendant to fear physical or mental injury. (5) The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare. (6) The defendant need not be granted bail if he is in custody in pursuance of a sentence of a court or a sentence imposed by an officer under the Armed Forces Act 2006. (7) The defendant need not be granted bail if — (a) having been released on bail in or in connection with the proceedings for the offence, he has been arrested in pursuance of section 7 of this Act; and (b) the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody, commit an offence while on bail or interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person). (8) The defendant need not be granted bail where the court is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this Part of this Schedule for want of time since the institution of the proceedings against him. (9) Paragraphs 6A to 6C of Part 1 (exception applicable to drug users in certain areas and related provisions) apply to a defendant to whom this Part applies as they apply to a defendant to whom that Part applies.

SCHEDULE 13

1

Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable either way, and sending cases to the Crown Court etc.) has effect subject to the following amendments.

2

In paragraph 2, in the paragraph set out in sub-paragraph (2), after “committed” insert “ for sentence ”.

3

In paragraph 6, for subsection (2)(c) of the section set out in that paragraph substitute—

(c) that if he is tried summarily and is convicted by the court, he may be committed for sentence to the Crown Court under section 3 or (if applicable) section 3A of the Powers of Criminal Courts (Sentencing) Act 2000 if the court is of such opinion as is mentioned in subsection (2) of the applicable section.

4

In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute “ summary trial ”.

5

• (1) Paragraph 9 is amended as follows.

• (2) In sub-paragraph (3) after “(1A)” insert “ , (1B) ”.

• (3) After sub-paragraph (3) insert—

(4) In subsection (3) for “the said Act of 2000” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.

6

Paragraph 13 is omitted.

7

Paragraph 22 is omitted.

8

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

9

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

10

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

SCHEDULE 14

Domestic service providers: extension of liability

1

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

Non-UK service providers: restriction on institution of proceedings

2

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

Exceptions for mere conduits

3

• (1) A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in—

• (a) the provision of access to a communication network, or

• (b) the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

• (2) The condition is that the service provider does not—

• (a) initiate the transmission,

• (b) select the recipient of the transmission, or

• (c) select or modify the information contained in the transmission.

• (3) For the purposes of sub-paragraph (1)—

• (a) the provision of access to a communication network, and

• (b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

• (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

4

• (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

• (2) The service provider is not capable of being guilty of an offence under section 63 in respect of the automatic, intermediate and temporary storage of information so provided, if—

• (a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

• (b) the condition in sub-paragraph (3) is satisfied.

• (3) The condition is that the service provider—

• (a) does not modify the information,

• (b) complies with any conditions attached to having access to the information, and

• (c) (where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.

• (4) This sub-paragraph applies if the service provider obtains actual knowledge that—

• (a) the information at the initial source of the transmission has been removed from the network,

• (b) access to it has been disabled, or

• (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

5

• (1) A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—

• (a) the service provider had no actual knowledge when the information was provided that it contained offending material, or

• (b) on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

• (2) “Offending material” means material the possession of which constitutes an offence under section 63.

• (3) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

6

• (1) This paragraph applies for the purposes of this Schedule.

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

• (3) “Information society services”—

• (a) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

• (b) is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).

• (4) “Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.

• (5) “Service provider” means a person providing an information society service.

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

SCHEDULE 15

Meeting a child following sexual grooming

1

In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc) for paragraphs (a) and (b) substitute—

(a) A has met or communicated with another person (B) on at least two occasions and subsequently— (i) A intentionally meets B, (ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or (iii) B travels with the intention of meeting A in any part of the world, (b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,

.

Adoption

2

The Sexual Offences Act 2003 (c. 42) has effect subject to the following amendments.

3

In section 27(1)(b) (family relationships) after “but for” insert “ section 39 of the Adoption Act 1976 or ”.

4

In section 29(1)(b) (sections 25 and 26: sexual relationships which pre-date family relationships) after “if” insert “ section 39 of the Adoption Act 1976 or ”.

5

• (1) Section 64 (sex with an adult relative: penetration) is amended as follows.

• (2) In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.

• (3) In subsection (3) after “In subsection (2)—” insert—

(za) “parent” includes an adoptive parent; (zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;

.

• (4) After that subsection insert—

(3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.

• (5) After subsection (5) insert—

(6) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

6

• (1) Section 65 (sex with an adult relative: consenting to penetration) is amended as follows.

• (2) In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.

• (3) In subsection (3) after “In subsection (2)—” insert—

(za) “parent” includes an adoptive parent; (zb) “child” includes an adopted person within the meaning of Chapter 4 of Part 1 of the Adoption and Children Act 2002;

.

• (4) After that subsection insert—

(3A) Where subsection (1) applies in a case where A is related to B as B's child by virtue of subsection (3)(zb), A does not commit an offence under this section unless A is 18 or over.

• (5) After subsection (5) insert—

(6) Nothing in— (a) section 47 of the Adoption Act 1976 (which disapplies the status provisions in section 39 of that Act for the purposes of this section in relation to adoptions before 30 December 2005), or (b) section 74 of the Adoption and Children Act 2002 (which disapplies the status provisions in section 67 of that Act for those purposes in relation to adoptions on or after that date), is to be read as preventing the application of section 39 of the Adoption Act 1976 or section 67 of the Adoption and Children Act 2002 for the purposes of subsection (3)(za) and (zb) above.

7

In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39 (status conferred by adoption) for the purposes of miscellaneous enactments) for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute “ or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative) ”.

SCHEDULE 16

1

Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) has effect subject to the following amendments.

2

In the heading for Part 3A at the end insert “ or grounds of sexual orientation ”.

3

In the italic cross-heading before section 29A at the end insert “ and “hatred on the grounds of sexual orientation” .

4

After that section insert—

(29AB) In this Part “hatred on the grounds of sexual orientation” means hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).

5

In the italic cross-heading before section 29B at the end insert “ or hatred on the grounds of sexual orientation ”.

6

• (1) Section 29B (use of words or behaviour or display of written material) is amended as follows.

• (2) In subsection (1), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

• (3) Omit subsection (3).

7

In section 29C(1) (publishing or distributing written material), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

8

In section 29D(1) (public performance of play), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

9

In section 29E(1) (distributing, showing or playing a recording), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

10

In section 29F(1) (broadcasting or including programme in programme service), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.

11

In section 29G(1) (possession of inflammatory material), for “religious hatred to be stirred up thereby” substitute “ thereby to stir up religious hatred or hatred on the grounds of sexual orientation ”.

12

• (1) Section 29H (powers of entry and search) is amended as follows.

• (2) In subsection (1), omit “in England and Wales”.

• (3) Omit subsection (2).

13

• (1) Section 29I (power to order forfeiture) is amended as follows.

• (2) In subsection (2)—

• (a) in paragraph (a), omit “in the case of an order made in proceedings in England and Wales,”; and

• (b) omit paragraph (b).

• (3) Omit subsection (4).

14

After section 29J insert—

(29JA) In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.

15

In section 29K(1) (savings for reports of parliamentary or judicial proceedings), for “or in the Scottish Parliament” substitute “ , in the Scottish Parliament or in the National Assembly for Wales ”.

16

• (1) Section 29L (procedure and punishment) is amended as follows.

• (2) In subsections (1) and (2), omit “in England and Wales”.

• (3) In subsection (3), in paragraph (b), for “six months” substitute “ 12 months ”.

• (4) After that subsection insert—

(4) In subsection (3)(b) the reference to 12 months shall be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.

17

In section 29N (interpretation), after the definition of “dwelling” insert—

“hatred on the grounds of sexual orientation” has the meaning given by section 29AB;

.

SCHEDULE 17

Part 1 — Amendments of Nuclear Material (Offences) Act 1983

1

The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the following amendments.

2

• (1) Section 1 (extended scope of certain offences) is amended as follows.

• (2) In subsection (1)(b) (offences under certain enactments) for “section 78 of the Criminal Justice (Scotland) Act 1980” substitute “ section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995 ”.

• (3) After subsection (1) insert—

(1A) If— (a) a person, whatever his nationality, does outside the United Kingdom an act directed at a nuclear facility, or which interferes with the operation of such a facility, (b) the act causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material, and (c) had he done that act in any part of the United Kingdom, it would have made him guilty of an offence mentioned in subsection (1)(a) or (b) above, the person shall in any part of the United Kingdom be guilty of such of the offences mentioned in subsection (1)(a) and (b) as are offences of which the act would have made him guilty had he done it in that part of the United Kingdom.

• (4) Omit subsection (2) (definition of “act”).

3

After section 1 insert—

(1A) (1) If— (a) a person is guilty of an offence to which subsection (2), (3) or (4) applies, and (b) the penalty provided by this subsection would not otherwise apply, the person shall be liable, on conviction on indictment, to imprisonment for life. (2) This subsection applies to an offence mentioned in section 1(1)(a) or (b) where the act making the person guilty of the offence was done in England and Wales or Northern Ireland and either— (a) the act was done in relation to or by means of nuclear material, or (b) the act— (i) was directed at a nuclear facility, or interfered with the operation of such a facility, and (ii) caused death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material. (3) This subsection applies to an offence mentioned in section 1(1)(c) or (d) where the act making the person guilty of the offence— (a) was done in England and Wales or Northern Ireland, and (b) was done in relation to or by means of nuclear material. (4) This subsection applies to an offence mentioned in section 1(1)(a) to (d) where the offence is an offence in England and Wales or Northern Ireland by virtue of section 1(1) or (1A). (1B) (1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2) or (3) he is guilty of an offence. (2) A person contravenes this subsection if without lawful authority— (a) he receives, holds or deals with nuclear material, and (b) he does so either— (i) intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of that material, or (ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, damage would be caused to the environment by means of that material. (3) A person contravenes this subsection if without lawful authority— (a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and (b) he does so either— (i) intending to cause, or for the purpose of enabling another to cause, damage to the environment by means of the emission of ionising radiation or the release of radioactive material, or (ii) being reckless as to whether, as a result of his act, damage would be caused to the environment by means of such an emission or release. (4) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life. (1C) (1) If a person, whatever his nationality, outside the United Kingdom contravenes subsection (2) below he shall be guilty of an offence. (2) A person contravenes this subsection if he is knowingly concerned in— (a) the unlawful export or shipment as stores of nuclear material from one country to another, or (b) the unlawful import of nuclear material into one country from another. (3) For the purposes of subsection (2)— (a) the export or shipment as stores of nuclear material from a country, or (b) the import of nuclear material into a country, is unlawful if it is contrary to any prohibition or restriction on the export, shipment as stores or import (as the case may be) of nuclear material having effect under or by virtue of the law of that country. (4) A statement in a certificate issued by or on behalf of the government of a country outside the United Kingdom to the effect that a particular export, shipment as stores or import of nuclear material is contrary to such a prohibition or restriction having effect under or by virtue of the law of that country, shall be evidence (in Scotland, sufficient evidence) that the export, shipment or import was unlawful for the purposes of subsection (2). (5) In any proceedings a document purporting to be a certificate of the kind mentioned in subsection (4) above shall be taken to be such a certificate unless the contrary is proved. (6) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years. (7) In this section “country” includes territory. (1D) (1) Where the Commissioners for Her Majesty's Revenue and Customs investigate, or propose to investigate, any matter with a view to determining— (a) whether there are grounds for believing that an offence under section 1C above has been committed, or (b) whether a person should be prosecuted for such an offence, the matter is to be treated as an assigned matter within the meaning of CEMA 1979 (see section 1(1) of that Act). (2) Section 138 of CEMA 1979 (provisions as to arrest of persons) applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence under section 1C above as it applies to a person who has committed, or whom there are reasonable grounds to suspect of having committed, an offence for which he is liable to be arrested under the customs and excise Acts. (3) Sections 145 to 148 and 150 to 155 of CEMA 1979 (provisions as to legal proceedings) apply in relation to an offence under section 1C above, and to the penalty and proceedings for the offence, as they apply in relation to offences, penalties and proceedings under the customs and excise Acts. (4) In this section— - “CEMA 1979” means the Customs and Excise Management Act 1979; - “the customs and excise Acts”, “shipment” and “stores” have the same meanings as in CEMA 1979 (see section 1(1) of that Act).

4

For section 2 substitute—

(2) (1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2), (3), (4) or (7) he shall be guilty of an offence. (2) A person contravenes this subsection if without lawful authority— (a) he receives, holds or deals with nuclear material, and (b) he does so either— (i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of that material, or (ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, relevant injury or damage would be caused by means of that material. (3) A person contravenes this subsection if without lawful authority— (a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and (b) he does so either— (i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of the emission of ionising radiation or the release of radioactive material, or (ii) being reckless as to whether, as a result of his act, relevant injury or damage would be caused by means of such an emission or release. (4) A person contravenes this subsection if he— (a) makes a threat of a kind falling within subsection (5), and (b) intends that the person to whom the threat is made shall fear that it will be carried out. (5) A threat falls within this subsection if it is a threat that the person making it or any other person will cause any of the consequences set out in subsection (6) either— (a) by means of nuclear material, or (b) by means of the emission of ionising radiation or the release of radioactive material resulting from an act which is directed at a nuclear facility, or which interferes with the operation of such a facility. (6) The consequences mentioned in subsection (5) are— (a) relevant injury or damage, or (b) damage to the environment. (7) A person contravenes this subsection if, in order to compel a State, international organisation or person to do, or abstain from doing, any act, he threatens that he or any other person will obtain nuclear material by an act which, whether by virtue of section 1(1) above or otherwise, is an offence mentioned in section 1(1)(c) above. (8) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life. (9) In this section references to relevant injury or damage are references to death or to injury or damage of a type which constitutes an element of any offence mentioned in section 1(1)(a) or (b) above. (2A) (1) If a person, whatever his nationality— (a) does an act outside the United Kingdom, and (b) his act, if done in any part of the United Kingdom, would constitute an offence falling within subsection (2), he shall be guilty in that part of the United Kingdom of the offence. (2) The offences are— (a) attempting to commit a nuclear offence; (b) conspiring to commit a nuclear offence; (c) inciting the commission of a nuclear offence; (d) aiding, abetting, counselling or procuring the commission of a nuclear offence. (3) In subsection (2) a “nuclear offence” means any of the following (wherever committed)— (a) an offence mentioned in section 1(1)(a) to (d) above (other than a blackmail offence), the commission of which is (or would have been) in relation to or by means of nuclear material; (b) an offence mentioned in section 1(1)(a) or (b) above, the commission of which involves (or would have involved) an act— (i) directed at a nuclear facility, or which interferes with the operation of such a facility, and (ii) which causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material; (c) an offence under section 1B, 1C or 2(1) and (2) or (3) above; (d) an offence under section 50(2) or (3), 68(2) or 170(1) or (2) of the Customs and Excise Management Act 1979 the commission of which is (or would have been) in connection with a prohibition or restriction relating to the exportation, shipment as stores or importation of nuclear material; (e) for the purposes of subsection (2)(b) to (d)— (i) a blackmail offence, the commission of which is in relation to or by means of nuclear material; (ii) an offence under section 2(1) and (4) or (7) above; (iii) an offence of attempting to commit an offence mentioned in paragraphs (a) to (d). (4) In subsection (3) “a blackmail offence” means— (a) an offence under section 21 of the Theft Act 1968, (b) an offence under section 20 of the Theft Act (Northern Ireland) 1969, or (c) an offence of extortion. (5) In subsection (2)(c) the reference to incitement is— (a) a reference to incitement under the law of Scotland, or (b) in relation to any time before the coming into force of Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to England and Wales or Northern Ireland, a reference to incitement under the common law of England and Wales or (as the case may be) of Northern Ireland.

5

After section 3 (supplemental) insert—

(3A) (1) Nothing in this Act applies in relation to acts done by the armed forces of a country or territory— (a) in the course of an armed conflict, or (b) in the discharge of their functions. (2) If in any proceedings a question arises whether an act done by the armed forces of a country or territory was an act falling within subsection (1), a certificate issued by or under the authority of the Secretary of State and stating that it was, or was not, such an act shall be conclusive of that question. (3) In any proceedings a document purporting to be such a certificate as is mentioned in subsection (2) shall be taken to be such a certificate unless the contrary is proved.

6

• (1) Section 6 (material to which the Act applies) is amended as follows.

• (2) Before subsection (1) insert—

(A1) This section applies for the purposes of this Act.

• (3) In subsection (1), omit “in this Act”.

• (4) After subsection (1) insert—

(1A) “A nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of. (1B) For the purposes of subsections (1) and (1A)— (a) nuclear material is not used for peaceful purposes if it is used or retained for military purposes, and (b) a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.

• (5) In subsection (2) (question whether or not nuclear material used for peaceful purposes to be determined conclusively by certificate of Secretary of State to that effect) after “material” insert “ or facility ”.

• (6) For subsection (5) substitute—

(5) “Act” includes omission. (6) “The Convention” means the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (formerly the Convention on the Physical Protection of Nuclear Material and renamed by virtue of the Amendment adopted at Vienna on 8th July 2005). (7) “The environment” includes land, air and water and living organisms supported by any of those media. (8) “Radioactive material” means nuclear material or any other radioactive substance which— (a) contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and (b) is capable, owing to its radiological or fissile properties, of— (i) causing bodily injury to a person, (ii) causing damage or destruction to property, (iii) endangering a person's life, or (iv) causing damage to the environment.

• (7) For the sidenote, substitute “ Interpretation ”.

7

In section 7 (application to the Channel Islands, Isle of Man etc.) in subsection (2), for “any colony” substitute “ any British overseas territory ”.

Part 2 — Amendments of Customs and Excise Management Act 1979

8

• (1) The Customs and Excise Management Act 1979 (c. 2) is amended as follows.

• (2) In section 1 (interpretation) in subsection (1) insert at the appropriate place—

“nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act);

.

• (3) In section 50 (penalty for improper importation of goods)—

• (a) in subsection (4) (penalty for offence) for “or (5B)” substitute “ , (5B) or (5C) ”;

• (b) after subsection (5B) insert—

(5C) In the case of an offence under subsection (2) or (3) above in connection with a prohibition or restriction relating to the importation of nuclear material, subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.

• (4) In section 68 (offences in relation to exportation of prohibited or restricted goods)—

• (a) in subsection (3) (penalty for offence) for “or (4A)” substitute “ , (4A) or (4B) ”;

• (b) after subsection (4A) insert—

(4B) In the case of an offence under subsection (2) above in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.

• (5) In section 170 (penalty for fraudulent evasion of duty, etc.)—

• (a) in subsection (3) (penalty for offence) for “or (4B)” substitute “ , (4B) or (4C) ”;

• (b) after subsection (4B) insert—

(4C) In the case of an offence under subsection (1) or (2) above in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 14 years ”.

9

• (1) Her Majesty may by Order in Council provide for any provisions of section 1, 50, 68 or 170 of the Customs and Excise Management Act 1979 (c. 2) as amended by paragraph 8 to extend, with or without modifications, to any of the Channel Islands or any British overseas territory.

• (2) Section 147(2) applies in relation to an Order in Council under sub-paragraph (1) as it applies in relation to an order made by the Secretary of State.

SCHEDULE 18

Person residing in England and Wales

1

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Person residing in Northern Ireland

2

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Person having property etc. in England and Wales

3

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Person having property etc. in Northern Ireland

4

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Person having property etc. in England and Wales and Northern Ireland

5

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Person having property etc. in England and Wales and Scotland

6

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Person having property etc. in Northern Ireland and Scotland

7

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Person having property etc. in England and Wales, Scotland and Northern Ireland

8

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Interpretation

9

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SCHEDULE 19

Part 1 — The grounds for refusal

1

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2

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3

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4

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5

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6

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7

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Part 2 — European framework list (financial penalties)

8

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9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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29

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30

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31

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32

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33

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34

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35

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36

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37

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38

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39

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40

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41

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42

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43

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44

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45

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46

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Part 3 — Interpretation

47

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SCHEDULE 20

After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where drugs used unlawfully) insert the following Part.

SCHEDULE 21

Offence of causing nuisance or disturbance on HSS premises

1

• (1) A person commits an offence if—

• (a) the person causes, without reasonable excuse and while on HSS premises, a nuisance or disturbance to an HSS staff member who is working there or is otherwise there in connection with work,

• (b) the person refuses, without reasonable excuse, to leave the HSS premises when asked to do so by a constable or an HSS staff member, and

• (c) the person is not on the HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.

• (2) A person who commits an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) For the purposes of this paragraph—

• (a) a person ceases to be on HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and

• (b) a person is not on HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.

• (4) In this paragraph—

• “hospital grounds” means land in the vicinity of a hospital and associated with it,

• “HSS premises” means—any hospital vested in, or managed by, an HSS trust,any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, an HSS trust), andthe hospital grounds,

• “HSS staff member” means a person employed by an HSS trust or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),

• “HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), and

• “vehicle” includes an air ambulance.

Power to remove person causing nuisance or disturbance

2

• (1) If a constable reasonably suspects that a person is committing or has committed an offence under paragraph 1, the constable may remove the person from the HSS premises concerned.

• (2) If an authorised officer reasonably suspects that a person is committing or has committed an offence under paragraph 1, the authorised officer may—

• (a) remove the person from the HSS premises concerned, or

• (b) authorise an HSS staff member to do so.

• (3) Any person removing another person from HSS premises under this paragraph may use reasonable force (if necessary).

• (4) An authorised officer cannot remove a person under this paragraph or authorise another person to do so if the authorised officer has reason to believe that—

• (a) the person to be removed requires medical advice, treatment or care for himself or herself, or

• (b) the removal of the person would endanger the person's physical or mental health.

• (5) In this paragraph—

• “authorised officer” means any HSS staff member authorised by an HSS trust to exercise the powers conferred on an authorised officer by this paragraph, and

• “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.

Guidance about the power to remove etc.

3

• (1) The Department of Health, Social Services and Public Safety may from time to time prepare and publish guidance to HSS trusts and authorised officers about the powers in paragraph 2.

• (2) Such guidance may, in particular, relate to—

• (a) the authorisation by HSS trusts of authorised officers,

• (b) the authorisation by authorised officers of HSS staff members to remove persons under paragraph 2,

• (c) training requirements for authorised officers and HSS staff members authorised by them to remove persons under paragraph 2,

• (d) matters that may be relevant to a consideration by authorised officers for the purposes of paragraph 2 of whether offences are being, or have been, committed under paragraph 1,

• (e) matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,

• (f) the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in paragraph 2,

• (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 HSS premises are aware of the offence in paragraph 1 and the powers of removal in paragraph 2, or

• (i) the keeping of records.

• (3) Before publishing guidance under this paragraph, the Department of Health, Social Services and Public Safety must consult such persons as the Department considers appropriate.

• (4) An HSS trust and an authorised officer must have regard to any guidance published under this paragraph when exercising functions under, or in connection with, paragraph 2.

• (5) In this paragraph—

• “authorised officer” has the same meaning as in paragraph 2, and

• “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.

SCHEDULE 22

Part 1 — Amendments of Police Act 1996

1

The Police Act 1996 (c. 16) has effect subject to the following amendments.

General duty of Secretary of State

2

In section 36(2)(d) (general duty of Secretary of State) for “section 85” substitute “ sections 84 and 85 ”.

Regulations for police forces

3