Criminal Justice and Immigration Act: Difference between revisions

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(Update. Unfortunately, the Act is not yet available at the Statute Law Database (I can only use the text of the Bill), so the article may be inaccurate)
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The '''Criminal Justice and Immigration Bill''' is a public [[Bill]] in the [[United Kingdom]]. It was introduced by [[David Hanson]] in 2006 and is currently being read in the [[House of Lords]]. [http://services.parliament.uk/bills/2007-08/criminaljusticeandimmigration.html]
The '''Criminal Justice and Immigration Act''' is an [[Act of Parliament]] in the [[United Kingdom]]. It was given Royal Assent on May 8, 2008 [http://services.parliament.uk/bills/2007-08/criminaljusticeandimmigration.html]


==Indecent images of children==
==Indecent images of children==


Section 68 of the Bill seeks to amend Section 7 of the [[Protection of Children Act (1978)]]. A reference to a pseudo-photograph will now include -
Section 68 amends Section 7 of the [[Protection of Children Act (1978)]]. A reference to a pseudo-photograph will now include -


:(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—
:(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—
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Under Section 1 of the Protection of Children Act, it is an offence to take, make, possess, distribute or show an [[indecent images of children|indecent photograph or pseudo-photograph]], or a reference to such an image. [http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&activetextdocid=1502060]
Under Section 1 of the Protection of Children Act, it is an offence to take, make, possess, distribute or show an [[indecent images of children|indecent photograph or pseudo-photograph]], or a reference to such an image. [http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=1502057&activetextdocid=1502060]


Section 68 of the Bill will also allow the [[Secret Intelligence Service]] to engage in acts which are prohibited by the Protection of Children Act.
Section 68 of the Act also allows the [[Secret Intelligence Service]] to engage in acts which are prohibited by the Protection of Children Act.


==Offences committed abroad==
==Offences committed abroad==


Section 71 of the Bill [http://www.publications.parliament.uk/pa/ld200708/ldbills/041/08041.50-56.html#jNC35] intends to allow the [[Crown Prosecution Service|CPS]] to prosecute British nationals for acts done legally abroad, if the acts are contrary to laws listed in Schedule 2 [http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&ActiveTextDocId=821091] of the [[Sexual Offences Act (2003)|Sexual Offences Act]]. This removes the requirement of [[dual criminality]].
Section 71 of the Act [http://www.publications.parliament.uk/pa/ld200708/ldbills/041/08041.50-56.html#jNC35] amends Section 72 of the Sexual Offences Act, allowing the [[Crown Prosecution Service|CPS]] to prosecute British nationals for acts done legally abroad, if the acts are contrary to laws listed in Schedule 2 [http://www.statutelaw.gov.uk/content.aspx?parentActiveTextDocId=820904&ActiveTextDocId=821091] of the [[Sexual Offences Act (2003)|Sexual Offences Act]]. This removes the requirement of [[dual criminality]].


==Sex offenders==
==Sex offenders==


Section 139 of the Bill will allow the Police to disclose information about sex offenders to members of the public [http://www.publications.parliament.uk/pa/ld200708/ldbills/041/08041.100-106.html#jNC38] and Section 141 of the Bill will force sex offenders to disclose any information which is requested by the Secretary of State (or one of his/her delegates) [http://www.publications.parliament.uk/pa/ld200708/ldbills/041/08041.100-106.html#jNC40].
Section 139 of the Act allows the Police to disclose information about sex offenders to members of the public [http://www.publications.parliament.uk/pa/ld200708/ldbills/041/08041.100-106.html#jNC38] and Section 141 of the Act forces sex offenders to disclose any information which is requested by the Secretary of State (or one of his/her delegates) [http://www.publications.parliament.uk/pa/ld200708/ldbills/041/08041.100-106.html#jNC40].


==External Links==
==External Links==

Revision as of 23:55, 10 May 2008

The Criminal Justice and Immigration Act is an Act of Parliament in the United Kingdom. It was given Royal Assent on May 8, 2008 [1]

Indecent images of children

Section 68 amends Section 7 of the Protection of Children Act (1978). A reference to a pseudo-photograph will now include -

(a) a tracing or other image, whether made by electronic or other means (of whatever nature)—
(i) which is not itself a photograph or pseudo-photograph, but
(ii) which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both); and
(b) data stored on a computer disc or by other electronic means which is capable of conversion into an image within paragraph (a) [2]

Under Section 1 of the Protection of Children Act, it is an offence to take, make, possess, distribute or show an indecent photograph or pseudo-photograph, or a reference to such an image. [3]

Section 68 of the Act also allows the Secret Intelligence Service to engage in acts which are prohibited by the Protection of Children Act.

Offences committed abroad

Section 71 of the Act [4] amends Section 72 of the Sexual Offences Act, allowing the CPS to prosecute British nationals for acts done legally abroad, if the acts are contrary to laws listed in Schedule 2 [5] of the Sexual Offences Act. This removes the requirement of dual criminality.

Sex offenders

Section 139 of the Act allows the Police to disclose information about sex offenders to members of the public [6] and Section 141 of the Act forces sex offenders to disclose any information which is requested by the Secretary of State (or one of his/her delegates) [7].

External Links