House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Consideration of Bill: 18 March 2013
1084

Crime and Courts Bill-[Lords], continued

previous designation was made when the child was remanded or under

this subsection).

(7D)
Where a child has at any one time been subject to two or more remands

to youth detention accommodation, a court which has jurisdiction to

make a replacement designation under subsection (7C) in connection

with one or some of the remands also has jurisdiction to make such a

replacement designation in connection with each of the other remands.

(7E)
Where a replacement designation is made under subsection (7C) after the

end of the period of remand concerned, the substitution of B for the

previously-designated authority has effect only for the purposes of

regulations under section 103.

(7F)
Where a replacement designation is made under subsection (7C) during

the period of remand concerned, the substitution of B for the previously-

designated authority—

(a)
has effect, as respects the part of that period ending with the

making of the replacement designation, only for the purposes of

regulations under section 103, and

(b)
has effect, as respects the remainder of that period, for all of the

purposes listed in subsection (6).

(7G)
A court may make a replacement designation under subsection (7C) only

if it considers that, had everything it knows been known by the court

which made the previous designation, that court would have designated

B instead.

(7H)
Where a replacement designation is made under subsection (7C) in

relation to a remand, the previously-designated authority is to be repaid

any sums it paid in respect of the remand pursuant to regulations under

section 103.

(7J)
A court which has jurisdiction to make a replacement direction under

subsection (7C) may exercise that jurisdiction on an application by a

local authority or of its own motion.”

(6)
A replacement designation under the new section 102(7C) may be made in

respect of a remand ordered before this section comes into force, and the

amendments made by this section have effect for the purpose of making a

replacement designation in any such case; but, in such a case, the substitution of

B for the previously-designated authority (and any entitlement to repayment

under new section 102(7H)) does not have effect as respects any time before this

section comes into force.

(7)
Except as provided by subsection (6), the amendments made by this section have

effect only in relation to remands ordered after this section comes into force.’.

Consideration of Bill: 18 March 2013
1085

Crime and Courts Bill-[Lords], continued

Supreme Court chief executive, officers and staff

Secretary Theresa May

NC5

To move the following Clause:—

‘(1)
For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the

Supreme Court to be appointed by Lord Chancellor after consulting President of

the Court) substitute—

“(2)
It is for the President of the Court to appoint the chief executive.”

(2)
Section 49 of that Act (officers and staff of the Supreme Court) is amended as

follows.

(3)
In subsection (2) (number of officers and staff, and their terms, are for the chief

executive but subject to the provision in subsection (3) about application of civil

service pension arrangements)—

(a)
for “these matters with the agreement of the Lord Chancellor—”

substitute “the following matters—”, and

(b)
for “subsection” substitute “subsections (2A) and”.

(4)
After subsection (2) insert—

“(2A)
Service as the chief executive of the Court, and service as an officer or

staff appointed under subsection (1), is service in the civil service of the

State.”

(5)
In subsection (3) (civil service pension arrangements apply to chief executive,

officers and staff) for “The” at the beginning substitute “Accordingly, the”.’.

Making and use of recordings of Supreme Court proceedings

Secretary Theresa May

NC6

To move the following Clause:—

‘(1)
Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is

amended as follows.

(2)
After subsection (1) insert—

“(1A)
In the case of a recording of Supreme Court proceedings, subsection

(1)(b) does not apply to its publication or disposal with the leave of the

Court.”

(3)
In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions,

withdrawal and amendment)—

(a)
after “paragraph (a) of subsection (1)” insert “, or under subsection

(1A),”,

(b)
for “if granted may” substitute “if granted—

(a)
may, in the case of leave under subsection (1)(a),”, and

(c)
after “leave; and” insert—

“(b)
may, in the case of leave under subsection (1A), be

granted subject to such conditions as the Supreme Court

Consideration of Bill: 18 March 2013
1086

Crime and Courts Bill-[Lords], continued

thinks proper with respect to publication or disposal of

any recording to which the leave relates;


and”.

(4)
In subsection (1) (activities which are contempt of court) after paragraph (c)

insert—

“(d)
to publish or dispose of any recording in contravention of any

conditions of leave granted under subsection (1A).”’.

European arrest warrant

Mr David Hanson

Stella Creasy

Yvette Cooper

Phil Wilson

NC1

To move the following Clause:—

‘(1)
The NCA shall be the lead agency for the efficient and effective use of the

European arrest warrant as it relates to serious organised crime affecting the UK.

(2)
The Director General of the NCA must be consulted by the Secretary of State on

any decision by Her Majesty’s Government regarding policy changes with regard

to the European arrest warrant.

(3)
An impact assessment on opt-out from the European arrest warrant must be made

and published prior to any decision on opt-out being taken with particular regard

to—

(a)
national security,

(b)
public safety, and

(c)
Britain’s international reputation for leadership on cross-border security

matters.’.

Power of arrest for immigration compliance officers

Stella Creasy

Mr David Hanson

Jenny Chapman

Phil Wilson

NC10

To move the following Clause:—

‘(1)
In the course of their duties, a compliance officer may arrest without warrant a

person—

(a)
in breach of the conditions of their leave to enter;

(b)
in breach of the conditions of their leave to remain;

(c)
found to have entered the United Kingdom illegally.

(2)
In this section—

Consideration of Bill: 18 March 2013
1087

Crime and Courts Bill-[Lords], continued

“compliance officer” means an officer of the UK Border Agency tasked

with the approval and compliance of institutions, companies or

individuals that sponsor applications to enter in the United Kingdom as

defined by UK Border Agency guidance.’.

Exceptions to automatic deportation

Mr Dominic Raab

Mr David Blunkett

Nick de Bois

Mr Frank Field

Nick Herbert

Hazel Blears

Total signatories: 104

Mr David Amess

Angie Bray

NC13

To move the following Clause:—

‘In section 33(2)(a) of the UK Borders Act 2007, for “Convention rights”,

substitute “rights under Articles 2 or 3 of the Convention”.’.

Amendments to Clauses 20 and 21, Clauses 35 to 40

Stella Creasy

Mr David Hanson

Jenny Chapman

Phil Wilson

94

Page  38,  line  11  [Clause  37],  at end insert—

‘(6A)
In section 50(2) (Procedure) of the Immigration, Asylum and Nationality Act

2006, after paragraph (c) the following shall be inserted—

“(d)
may require an immigration officer to take reasonable action to

obtain from the applicant additional relevant information or

documents they they consider not to be included in the original

application before a decision is taken.

(e)
must make provision for an immigration officer to contact the

applicant with regard to the form, documents, information or fee

specified in paragraphs (a), (b), (c) and (d).”.

(6B)
The Government will report annually to Parliament on the number of times an

immigration officer has been required to obtain additional relevant information

not included in the original application.

Consideration of Bill: 18 March 2013
1088

Crime and Courts Bill-[Lords], continued

(6C)
The Government will report annually to Parliament on the number of appeals

against refusal entry clearance to visit the UK that are refused due to the non-

submission of relevant information or documents.’.

Amendments to Schedules 19 and 20 and clauses 43 to 46

Mr Dominic Raab

Keith Vaz

Sir Edward Garnier

Caroline Lucas

Nick de Bois

Ms Gisela Stuart

Total signatories: 23

91

Page  303,  line  25  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 307

and insert ‘decides that a substantial measure of D’s relevant activity was performed in

the United Kingdom unless, having regard to the interests of justice, the judge decides that

the extradition should take place.

      (3)
Matters relevant to the interests of justice include but are not limited to—

(a)
the extent and place where most of the loss or harm resulting from the

extradition offence occurred or was intended to occur;

(b)
the interests of any victims of the extradition offence;

(c)
the availability of evidence necessary for a fair trial in the United

Kingdom and in jurisdictions outside the United Kingdom;

(d)
the desirability and practicability of all prosecutions relating to the

extradition offence taking place in one jurisdiction; and

(e)
D’s nationality, place of habitual residence and other connections with

the United Kingdom.

      (4)
In this section “D’s relevant activity” means activity which is material to the

commission of the extradition offence and which is alleged to have been

performed by D.’.

Secretary Theresa May

111

Page  303,  line  36  [Schedule  19],  leave out ‘an’ and insert ‘the most’.

Secretary Theresa May

112

Page  303,  line  42  [Schedule  19],  at end insert—

‘(da)
any delay that might result from proceeding in one jurisdiction rather

than another;’.

Secretary Theresa May

113

Page  306,  line  1  [Schedule  19],  at beginning insert ‘In England and Wales, and

Northern Ireland,’.

Consideration of Bill: 18 March 2013
1089

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

114

Page  306,  line  6  [Schedule  19],  at end insert—

‘( )
In Scotland, for the purpose of determining any questioning of a relevant

certification decision, the High Court must apply the procedures and principles

that would be applied by it on an application for judicial review.’.

Mr Dominic Raab

Keith Vaz

Sir Edward Garnier

Caroline Lucas

Nick de Bois

Ms Gisela Stuart

Total signatories: 23

92

Page  307,  line  30  [Schedule  19],  leave out from ‘judge’ to end of line 9 on page 311

and insert ‘decides that a substantial measure of D’s relevant activity was performed in

the United Kingdom unless, having regard to the interests of justice, the judge decides that

the extradition should take place.

      (3)
Matters relevant to the interests of justice include but are not limited to—

(a)
the extent and place where most of the loss or harm resulting from the

extradition offence occurred or was intended to occur;

(b)
the interests of any victims of the extradition offence;

(c)
the availability of evidence necessary for a fair trial in the United

Kingdom and in jurisdictions outside the United Kingdom;

(d)
the desirability and practicability of all prosecutions relating to the

extradition offence taking place in one jurisdiction; and

(e)
D’s nationality, place of habitual residence and other connections with

the United Kingdom.

      (4)
In this section “D’s relevant activity” means activity which is material to the

commission of the extradition offence and which is alleged to have been

performed by D.’.

Secretary Theresa May

115

Page  307,  line  41  [Schedule  19],  leave out ‘an’ and insert ‘the most’.

Secretary Theresa May

116

Page  308,  line  2  [Schedule  19],  at end insert—

‘(da)
any delay that might result from proceeding in one jurisdiction rather

than another;’.

Consideration of Bill: 18 March 2013
1090

Crime and Courts Bill-[Lords], continued

Secretary Theresa May

117

Page  310,  line  1  [Schedule  19],  at beginning insert ‘In England and Wales, and

Northern Ireland,’.

Secretary Theresa May

118

Page  310,  line  6  [Schedule  19],  at end insert—

‘( )
In Scotland, for the purpose of determining any questioning of a relevant

certification decision, the High Court must apply the procedures and principles

that would be applied by it on an application for judicial review.’.

Mr Dominic Raab

Keith Vaz

Sir Edward Garnier

Caroline Lucas

Nick de Bois

Ms Gisela Stuart

Total signatories: 24

Valerie Vaz

93

Page  311,  line  32  [Schedule  19],  leave out from ‘Part 2’ to end of line 46 on page

312, and insert—

‘Part 2

European arrest warrant safeguards

10
Part 1 of the Extradition Act 2003 (extradition to category 1 territories) is

amended as follows.

11
In section 7 (Identity of person arrested) after subsection (4) insert—

“(4A)
If the judge decides the question in the affirmative he must decide

whether the person in respect of whom the warrant was issued is the

person who is alleged to have committed, or to have been convicted

for, the offence on which the warrant is based.

(4B)
The judge must decide the question in subsection (4A) on the balance

of probabilities, but if he considers there is reasonable doubt as to that

question, he may not decide it in the affirmative unless he has first

requested the issuing authority to provide further information within

the time specified in the request (which must not be less than a

reasonable time in all the circumstances) and the issuing authority has

provided him with all the information requested within that time.

(4C)
If the judge decides the question in subsection (4A) in the negative he

must order the person’s discharge.”.

12
In section 11 (Bars to extradition), in subsection (1), after paragraph (c)

insert—

“(ca)
prematurity;”.

13
After section 14 insert—



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