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| | | “Breach of an alcohol monitoring requirement |
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| | | 5A (1) | If the responsible officer is of the opinion that the offender has |
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| | | failed without reasonable excuse to comply with an alcohol |
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| | | (a) | a constable may arrest the offender without a warrant. |
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| | | (b) | and the responsible officer may cause an information to be |
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| | | laid before a justice of the peace in repsect of the failure in |
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| | | (2) | In relation to any suspended sentence order which was made by the |
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| | | Crown Court and does not include a direction that any failure to |
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| | | comply with the requirements of the order is to be dealt with by a |
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| | | magistrates’ court, the reference in sub-paragraph (1) to a justice of |
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| | | the peace is to be read as a reference to the Crown Court.”. |
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| | | 10 | In Schedule 14 (persons to whom copies of requirements to be provided in |
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| | | particular cases), after the entry for “an alcohol treatment requirement”, |
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| | | Any person specified under section |
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| | To move the following Schedule:— |
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| | | ‘Youth Rehabilitation Orders: Alcohol Monitoring Requirement |
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| | | 1 | The Criminal Justice and Immigration Act 2008 is amended as follows. |
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| | | 2 | In section 1 (youth rehabilitation orders), after subsection (1)(n), insert— |
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| | | “(na) | an alcohol monitoring requirement (see paragraph 24A of that |
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| | | |
| | | 3 (1) | Schedule 1 (further provision about youth rehabilitation orders) is amended in |
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| | | accordance with this paragraph. |
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| | | (2) | In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert— |
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| | | “(ka) | paragraph 24A(2) (alcohol monitoring requirement), and”. |
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| | | (3) | In paragraph 34(4) (provision of copies of orders), after the entry for “an |
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| | | intoxicating substance treatment requirement)”, insert— |
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| | “An alcohol monitoring requirement |
| Any person specified under |
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| | | 4 (1) | Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) |
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| | | is amended in accordance with this paragraph. |
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| | | (2) | In paragraph 3(1) (duty to give warning), after “youth rehabilitiation order”, |
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| | | insert “, other than an order imposing an alcohol monitoring requirement,”. |
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| | | (3) | After paragraph 4, insert— |
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| | | “Breach of an alcohol monitoring requirement |
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| | | 4A | If the responsible officer is of the opinion that the offender has |
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| | | failed without reasonable excuse to comply with an alcohol |
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| | | |
| | | (a) | a constable may arrest the offender without a warrant, and |
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| | | (b) | the responsible officer may cause an information to be laid |
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| | | before a justice of the peace in respect of the failure in |
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| | | |
| | | (4) | In paragraph 21(1) (warrants) after “by virtue of this Schedule”, insert “or |
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| | AMENDMENTS TO PARTS 3 AND 4 |
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| | Page 39, line 30 [Clause 54], at end insert— |
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| | | ‘(3A) | The court has a duty when passing a sentence of imprisonment for a term not |
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| | | exceeding six months only to pass said sentence where the court considers that no |
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| | | other method of dealing with the person is appropriate and must— |
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| | | (a) | state its reasons for the opinion that no other method of dealing with the |
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| | | person is appropriate, and |
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| | | (b) | have those reasons entered in the record of the proceedings.’. |
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| | Page 47, line 36 [Clause 65], at end insert— |
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| | | ‘( ) | In section 322 of that Act (financial penalty enforcement orders), in the definition |
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| | | of “financial penalty” in subsection (4), after “including” insert “a fine imposed |
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| | | by the Court Martial or the Service Civilian Court under paragraph 10(1)(aa) of |
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| | | Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5 |
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| | | (breach etc of overseas community order) or”.’. |
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| | Page 48, line 2 [Clause 65], at end insert— |
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| | | ‘( ) | Part 2 of Schedule 5 to that Act (breach, revocation and amendment of overseas |
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| | | community orders) is amended as follows.’. |
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| | Page 48, line 3 [Clause 65], leave out from ‘In’ to ‘paragraph’ in line 4. |
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| | Page 48, line 6 [Clause 65], at end insert— |
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| | | ‘( ) | After paragraph 14 insert— |
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| | | “14A (1) | The following provisions apply where the Court Martial or the Service |
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| | | Civilian Court imposes a fine under paragraph 10(1)(aa) of that |
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| | | Schedule as applied by this Part of this Schedule. |
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| | | (2) | Section 251 of this Act (power to order payment of fine by |
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| | | instalments) applies in relation to the fine as it applies in relation to a |
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| | | fine imposed by a court for a service offence. |
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| | | (3) | Where the offender is aged under 18 when the fine is imposed and has |
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| | | a service parent or service guardian (within the meaning of section 268 |
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| | | of this Act), subsections (2) to (4) of that section (payment of fine by |
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| | | service parent or service guardian) apply in relation to the fine as they |
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| | | apply in relation to a fine imposed in the circumstances mentioned in |
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| | | subsection (1) of that section. |
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| | | (4) | In the application of subsection (2) of section 268 by virtue of sub- |
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| | | paragraph (3) of this paragraph, the reference in that subsection to the |
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| | | time of conviction is to be read as a reference to the time the fine is |
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| | | |
| | | (5) | Section 269(2) of this Act (power of court to make financial statement |
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| | | order before making order under section 268) does not apply in |
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| | | relation to an order under section 268 which is made by virtue of sub- |
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| | | paragraph (3) of this paragraph.”’. |
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| | Page 52, line 22, leave out Clause 68. |
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| | Page 58, line 16 [Clause 77], leave out ‘twelve’ and insert ‘fourteen’. |
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| | Page 59, line 17 [Clause 78], leave out ‘twelve’ and insert ‘fourteen’. |
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| | Page 61, line 25 [Clause 81], leave out ‘twelve’ and insert ‘fourteen’. |
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| | Page 62, line 21 [Clause 82], leave out ‘twelve’ and insert ‘fourteen’. |
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| | Page 63, line 41 [Clause 83], leave out ‘twelve’ and insert ‘fourteen’. |
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| | Page 64, line 38 [Clause 84], leave out ‘twelve’ and insert ‘fourteen’. |
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| | Page 75, line 16 [Clause 96], leave out ‘Powers of Criminal Courts (Sentencing) |
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| | Act 2000’ and insert ‘Sentencing Act’. |
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| | Page 75, line 19 [Clause 96], leave out ‘Powers of Criminal Courts (Sentencing) |
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| | Act 2000)’ and insert ‘Sentencing Act)’. |
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| | Page 75, line 37 [Clause 96], leave out ‘recommends’ and insert ‘directs’. |
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| | Page 75, line 39 [Clause 96], leave out ‘recommendation’ and insert ‘direction’. |
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| | Page 76, line 32 [Clause 96], leave out ‘recommends’ and insert ‘directs’. |
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| | Page 76, line 34 [Clause 96], leave out ‘recommendation’ and insert ‘direction’. |
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| | |
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| | Page 79, line 39 [Clause 98], at end insert— |
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| | | ‘( ) | In section 256(1) (review by the Board)— |
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| | | (a) | for “recommend” substitute “direct”; |
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| | | (b) | for “recommendation” substitute “direction”. |
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| | | ( ) | In section 256A (further review)— |
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| | | (a) | in subsection (4)(a), for “recommending” substitute “directing”; |
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| | | (b) | in subsection (4)(c), for “recommendation” substitute “direction”; |
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| | | (c) | in subsection (5), for “recommendation” (in both places) substitute |
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| | | |
| | Page 86, line 5 [Clause 104], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 86, line 25 [Clause 104], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 86, line 30 [Clause 104], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 86 [Clause 104], leave out lines 41 and 42. |
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| | Page 87, line 12 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 87, line 27 [Clause 105], after ‘6B’ insert ‘, 6BA’. |
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| | Page 87, line 30 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
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| | Page 87, line 33 [Clause 105], leave out ‘transported’ and insert ‘taken’. |
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| | |
| | | |
| | Page 87, line 33 [Clause 105], leave out ‘the relevant area’ and insert ‘Great |
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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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| | | |
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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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|
