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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    Notes below were prepared shortly before the Bill received Royal Assent on 8th May 2008 (see Hansard HC 8th May col 851, Royal Assent to the Criminal Justice and Immigration Act 2008).

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    The Criminal Justice and Immigration Bill is a big Bill. When originally introduced in June 2007 it had 129 clauses and 22 schedules. The Bill was carried over from the 2006-07 session and by 25th April 2008, it had grown to 151 clauses and 26 schedules.

    The headnote (April 2008 version) headnote states that it is to "Make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend the Criminal Justice and Public Order Act 1994 s.127 and to confer power to suspend the operation of that section; and for connected purposes".

    This contrasts with the headnote to the original version (Criminal Justice and Immigration Bill (as introduced in the House of Commons on 26th June 2007)) which stated that it was to: "to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to provide for the establishment and functions of Her Majesty’s Commissioner for Offender Management and Prisons and to make further provision about the management of offenders; to amend the criminal law; to make further provision for combating crime and disorder; to make provision about the mutual recognition of financial penalties; to make provision for a new immigration status in certain cases involving criminality; and for connected purposes".

    The most significant changes between June 2007 and April 2008 from an employment law angle are the immigration status change and in particular, following a strike by Prison Officers, re-introduction of the ban on Prison Officers' striking by amendment to the Criminal Justice and Public Order Act 1994 (see notes at Specific employments/prison officers and at Ministry of Justice v Prison Officers Association QBD 2008 IRLR 380).

    A late amendment inserts a new section 55A into the Data Protection Act 1998 giving the Information Commissioner power to impose a monetary penalty notice on data controllers who have "committed a serious contravention of the data protection principles" (see Hansard HC col 629 on 6th May 2008 and notes at Data protection/personal data ). The Act also gives a new power is given to the Secretary of State to increase the maximum penalty for an offence under Data Protection Act 1998 s.55 (Unlawful obtaining etc of personal data") to two years' imprisonment for a conviction on indictment (Criminal Justice and Immigration Act 2008 s.77 and see notes at Data protection/criminal law ).

    There is a dedicated webpage on Progress of the Bill on the Parliament website.

    For relevant general notes see Immigration


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    updated April2008