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| | Page 87, line 37 [Clause 105], at end insert— |
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| | | ‘(a) | the Scottish Ministers, in a case where it is proposed that the person who |
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| | | is the subject of a request under subsection (1)(b) will, whilst in transit— |
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| | | (i) | be present only in Scotland, or |
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| | | (ii) | arrive in Scotland before being taken to another part of Great |
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| | Page 87 [Clause 105], leave out lines 38 to 41. |
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| | Page 87 [Clause 105], leave out lines 43 and 44. |
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| | Page 87, line 45 [Clause 105], leave out ‘section 6B’ and insert ‘sections 6B and |
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| | Page 88, line 1 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 88, line 2 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 88, line 13 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 88, line 17 [Clause 105], at end insert— |
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| | | ‘(5A) | A constable may search a person who is the subject of a transit order, and any item |
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| | | in the possession of that person, for any item which that person might use— |
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| | | (a) | to cause physical injury to that person or to any other person; or |
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| | | (b) | to assist that person to escape from detention. |
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| | | (5B) | The power conferred by subsection (5A) does not authorise a constable to require |
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| | | a person to remove any clothing other than an outer coat, jacket, headgear or |
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| | | (5C) | The power conferred by subsection (5A) includes power to use reasonable force |
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| | | (5D) | A constable searching a person in the exercise of the power conferred by |
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| | | subsection (5A) may seize any item found if the constable has reasonable grounds |
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| | | for believing that the person searched might use the item — |
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| | | (a) | to cause physical injury to that person or to any other person; or |
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| | | (b) | to assist that person to escape from detention. |
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| | | (5E) | Any item seized from a person under subsection (5D) may be retained while that |
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| | Page 88 [Clause 105], leave out lines 18 to 22 insert— |
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| | | ‘(6) | In this section “constable” means— |
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| | | (a) | any person who is a constable in any part of Great Britain or who has, |
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| | | under any enactment (including subsection (4) above), the powers of a |
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| | | constable in any part of Great Britain, or |
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| | | (b) | any person who is a prison officer within the meaning of section 117(1) |
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| | | of the Criminal Justice and Public Order Act 1994. |
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| | | (7) | A person who is a constable by virtue of subsection (6)(a) has, for the purposes |
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| | | of section 6A, this section and section 6BA, all the powers, authority, protection |
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| | | and privileges of a constable in any part of Great Britain in which a person who |
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| | | is the subject of a transit order is for the time being.’. |
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| | Page 88, line 22 [Clause 105], at end insert— |
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| | | ‘6BA | Transit through different parts of Great Britain |
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| | | (1) | Where the Scottish Ministers issue a transit order and it is proposed that the |
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| | | person who is the subject of the order will be taken to a part of Great Britain other |
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| | | than Scotland whilst in transit, they must notify the Secretary of State. |
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| | | (2) | The Scottish Ministers need not notify the Secretary of State where the Secretary |
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| | | of State has agreed in writing to the transit order. |
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| | | (3) | Unless the Secretary of State agrees in writing to the transit order, that order |
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| | | authorises the detention of the person subject to it in Scotland only. |
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| | | (4) | But where the person escapes or is unlawfully at large, the order also authorises— |
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| | | (a) | the arrest of the person under section 6B(5) in a part of Great Britain other |
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| | | (b) | the detention of the person in that part by a constable (within the meaning |
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| | | of that section) for the purpose of taking the person to Scotland. |
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| | | (5) | Where the Secretary of State issues a transit order and it is proposed that the |
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| | | person who is the subject of the order will be taken to Scotland whilst in transit, |
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| | | the Secretary of State must notify the Scottish Ministers. |
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| | | (6) | The Secretary of State need not notify the Scottish Ministers where the Scottish |
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| | | Ministers have agreed in writing to the transit order. |
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| | | (7) | Unless the Scottish Ministers agree in writing to the transit order, that order |
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| | | authorises the detention of the person subject to it only in a part of Great Britain |
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| | | (8) | But where the person escapes or is unlawfully at large, the order also authorises— |
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| | | (a) | the arrest of the person under section 6B(5) in Scotland, and |
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| | | (b) | the detention of the person in Scotland by a constable (within the |
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| | | meaning of that section) for the purpose of taking the person to a part of |
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| | | Great Britain other than Scotland.’. |
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| | Page 88, line 34 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 88, line 37 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 88, line 38 [Clause 105], at end insert— |
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| | | ‘(3) | In this section “constable” means any person who is a constable in any part of |
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| | | Great Britain or who has, under any enactment (including section 6B(4) above), |
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| | | the powers of a constable in any part of Great Britain. |
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| | | (4) | A person who is a constable by virtue of subsection (3) has for the purposes of |
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| | | this section all the powers, authority, protection and privileges of a constable in |
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| | | the part of Great Britain in which the person mentioned in subsection (2) is for |
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| | Page 88, line 38 [Clause 105], at end insert— |
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| | | ‘( ) | In section 9 of the Repatriation of Prisoners Act 1984 (short title, commencement |
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| | | (a) | at the beginning of subsection (3) insert “Subject to subsection (3A),”, |
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| | | (b) | after that subsection insert— |
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| | | “(3A) | Sections 3A and 6A to 6C extend to England and Wales and |
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| | Page 93, line 41 [Clause 113], leave out from beginning to end of line 4 on page 94 |
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| | | ‘(5) | Where a person aged 16 or over is convicted of an offence under this section, the |
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| | | court must impose an appropriate custodial sentence (with or without a fine) |
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| | | unless the court is of the opinion that there are particular circumstances which— |
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| | | (a) | relate to the offence or to the offender, and |
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| | | (b) | would make it unjust to do so in all the circumstances. |
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| | | (5A) | In this section “appropriate custodial sentence” means— |
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| | | (a) | in the case of a person who is aged 18 or over when convicted, a sentence |
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| | | of imprisonment for a term of at least 6 months; |
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| | | (b) | in the case of a person who is aged at least 16 but under 18 when |
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| | | convicted, a detention and training order of at least 4 months. |
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| | | (5B) | In considering whether it is of the opinion mentioned in subsection (5) in the case |
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| | | of a person aged under 18, the court must have regard to its duty under section 44 |
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| | | of the Children and Young Persons Act 1933.”’. |
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| | Page 93, line 41 [Clause 113], leave out ‘aged 18 or over’. |
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| | Page 94, line 10 [Clause 113], leave out ‘(5)’ and insert ‘(5A)(a)’. |
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| | Page 95, line 1 [Clause 113], leave out from beginning to end of line 6 and insert— |
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| | | ‘(7) | Where a person aged 16 or over is convicted of an offence under this section, the |
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| | | court must impose an appropriate custodial sentence (with or without a fine) |
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| | | unless the court is of the opinion that there are particular circumstances which— |
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| | | (a) | relate to the offence or to the offender, and |
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| | | (b) | would make it unjust to do so in all the circumstances. |
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| | | (7A) | In this section “appropriate custodial sentence” means— |
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| | | (a) | in the case of a person who is aged 18 or over when convicted, a sentence |
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| | | of imprisonment for a term of at least 6 months; |
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| | | (b) | in the case of a person who is aged at least 16 but under 18 when |
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| | | convicted, a detention and training order of at least 4 months. |
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| | | (7B) | In considering whether it is of the opinion mentioned in subsection (7) in the case |
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| | | of a person aged under 18, the court must have regard to its duty under section 44 |
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| | | of the Children and Young Persons Act 1933.”’. |
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| | Page 95, line 12 [Clause 113], leave out ‘(7)’ and insert ‘(7A)(a)’. |
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| | Page 96, line 13 [Clause 115], leave out ‘or transitional’ and insert ‘transitional, |
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| | Page 96, line 14 [Clause 115], leave out ‘Parts 1 to 3 of’. |
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| | Page 96, line 16 [Clause 115], leave out from ‘legislation’ to end of line 17. |
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| | Page 97, line 13 [Clause 118], leave out ‘Section 114 extends’ and insert ‘The |
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| | following provisions extend’. |
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| | Page 97, line 13 [Clause 118], at end insert ‘— |
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| | | (a) | sections 104 and 105, and |
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| | Page 97, line 17 [Clause 118], leave out from ‘32,’ to end of line 18. |
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| | Page 97, line 17 [Clause 118], after ‘32,’ insert— |
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| | | ‘( ) | section [Northern Ireland: information about financial resources] and |
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| | | Schedule [Northern Ireland: information about financial resources], |
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| | Page 97, line 24 [Clause 118], at end insert— |
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| | | ‘( ) | Subsection (5) does not apply to section [Reasonable force for the purposes of |
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| | | self-defence etc] (which extends to England and Wales only).’. |
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| | Page 172, line 1 [Schedule 10], leave out paragraphs 7 to 18. |
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| | Page 173, line 26 [Schedule 10], leave out paragraphs 19 to 23. |
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| | Page 185, line 12 [Schedule 14], leave out sub-paragraph (3). |
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| | Page 195, line 34 [Schedule 17], at end insert— |
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| | | ‘10A | In section 100 (offenders under 18: detention and training orders) after |
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| | | “(1A) | Subsection (1) applies with the omission of paragraph (b) in the case |
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| | | of an offence the sentence for which falls to be imposed under these |
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| | | (a) | section 1A of the Prevention of Crime Act 1953 (threatening |
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| | | (b) | section 139AA of the Criminal Justice Act 1988 (threatening |
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| | | with article with blade or point or offensive weapon).”’. |
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| | Page 196, line 24 [Schedule 17], leave out ‘1A(5)’ and insert ‘1A(5A)(a)’. |
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| | Page 196, line 27 [Schedule 17], leave out ‘139AA(7)’ and insert ‘139AA(7A)(a)’. |
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| | Page 196, line 27 [Schedule 17], at end insert— |
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| | | ‘(4) | In the case of an offence the sentence for which falls to be imposed under a |
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| | | provision mentioned in subsection (5), nothing in that provision prevents the |
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| | | court from imposing any sentence that it considers appropriate after taking into |
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| | | account any matter referred to in subsection (1) of this section. |
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| | | (5) | The provisions referred to in subsection (4) are— |
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| | | section 1A(5A)(b) of the Prevention of Crime Act 1953; |
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| | | section 139AA(7A)(b) of the Criminal Justice Act 1988.”’. |
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| | REMAINING PROCEEDINGS ON CONSIDERATION |
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| | Title, line 3, after ‘proceedings;’ insert ‘to make provision about referral fees in |
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| | connection with the provision of legal services;’. |
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