House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 11 July 2013
165

Anti-social Behaviour, continued

“(1)
This section sets out whether a person’s conduct constitutes an

“extradition offence” for the purposes of this Part in a case where the

person—

(a)
is accused in a category 2 territory of an offence constituted by

the conduct, or

(b)
has been convicted in that territory of an offence constituted by

the conduct but not sentenced for it.

(2)
The conduct constitutes an extradition offence in relation to the category

2 territory if the conditions in subsection (3), (4) or (5) are satisfied.

(3)
The conditions in this subsection are that—

(a)
the conduct occurs in the category 2 territory;

(b)
the conduct would constitute an offence under the law of the

relevant part of the United Kingdom punishable with

imprisonment or another form of detention for a term of 12

months or a greater punishment if it occurred in that part of the

United Kingdom;

(c)
the conduct is so punishable under the law of the category 2

territory.

(4)
The conditions in this subsection are that—

(a)
the conduct occurs outside the category 2 territory;

(b)
in corresponding circumstances equivalent conduct would

constitute an extra-territorial offence under the law of the

relevant part of the United Kingdom punishable with

imprisonment or another form of detention for a term of 12

months or a greater punishment;

(c)
the conduct is so punishable under the law of the category 2

territory.

(5)
The conditions in this subsection are that—

(a)
the conduct occurs outside the category 2 territory;

(b)
no part of the conduct occurs in the United Kingdom;

(c)
the conduct constitutes, or if committed in the United Kingdom

would constitute, an offence mentioned in subsection (6);

(d)
the conduct is punishable under the law of the category 2

territory with imprisonment or another form of detention for a

term of 12 months or a greater punishment.”

(4)
After subsection (7) of that section there is inserted—

“(7A)
References in this section to “conduct” (except in the expression

“equivalent conduct”) are to the conduct specified in the request for the

person’s extradition”.

(5)
In section 138 of that Act (definition of “extradition offence” for the purposes of

Part 2 of the Act: person sentenced for offence) for subsections (1) to (5) there is

substituted—

“(1)
This section sets out whether a person’s conduct constitutes an

“extradition offence” for the purposes of this Part in a case where

the person—

(a)
has been convicted, in the category 2 territory to which

extradition is requested, of an offence constituted by the

conduct, and

(b)
has been sentenced for the offence.

Public Bill Committee: 11 July 2013
166

Anti-social Behaviour, continued

(2)
The conduct constitutes an extradition offence in relation to the

category 2 territory if the conditions in subsection (3), (4) or (5)

are satisfied.

(3)
The conditions in this subsection are that—

(a)
the conduct occurs in the category 2 territory;

(b)
the conduct would constitute an offence under the law of

the relevant part of the United Kingdom punishable with

imprisonment or another form of detention for a term of

12 months or a greater punishment if it occurred in that

part of the United Kingdom;

(c)
a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment has been

imposed in the category 2 territory in respect of the

conduct.

(4)
The conditions in this subsection are—

(a)
the conduct occurs outside the category 2 territory;

(b)
in corresponding circumstances equivalent conduct

would constitute an extra-territorial offence under the

relevant part of the United Kingdom punishable as

mentioned in subsection (3)(b);

(c)
a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment has been

imposed in the category 2 territory in respect of the

conduct.

(5)
The conditions in this subsection are that—

(a)
the conduct occurs outside the category 2 territory;

(b)
no part of the conduct occurs in the United Kingdom;

(c)
the conduct constitutes, or if committed in the United

Kingdom would constitute, an offence mentioned in

subsection (6);

(d)
a sentence of imprisonment or another form of detention

for a term of 4 months or a greater punishment has been

imposed in the category 2 territory in respect of the

conduct.”

(6)
After subsection (7) of that section there is inserted—

“(7A)
References in this section to “conduct” (except in the expression

“equivalent conduct”) are to the conduct specified in the request for the

person’s extradition”.’.

Criminal Procedure Rules to apply to extradition proceedings etc

Mr Jeremy Browne

nc30


To move the following Clause:—

‘(1)
In section 68 of the Courts Act 2003 (Criminal Procedure Rules: meaning of

“criminal court”), at the end there is inserted—

Public Bill Committee: 11 July 2013
167

Anti-social Behaviour, continued

“(c)
the High Court in relation to its jurisdiction under the Extradition

Act 2003.”

(2)
In section 1 of the Civil Procedure Act 1997 (Civil Procedure Rules), in

subsection (1)(b), after “the High Court” there is inserted “except in relation to its

jurisdiction under the Extradition Act 2003”.

(3)
In section 157 of the Extradition Act 2003 (production orders), after subsection

(8) there is inserted—

“(9)
Criminal Procedure Rules may make provision about applications under

this section to a circuit judge.”

(4)
In section 160 of that Act (warrants: special procedure material and excluded

material), after subsection (9) there is inserted—

“(10)
Criminal Procedure Rules may make provision about applications under

this section to a circuit judge.”’.

Content of community remedy document

Stephen Phillips

Tracey Crouch

Mr David Hanson

Gloria De Piero

Phil Wilson

NC1

To move the following Clause:—

‘(1)
Each of the actions contained in a community remedy document must—

(a)
consist of one or more of the elements within subsection (2),

(b)
promote public confidence in the out of court disposal of any anti-social

behaviour or offences capable of being dealt with under section 94.

(2)
The elements within this subsection are—

(a)
a punitive element reflecting the effects on the victim (if any) and the

wider community of any anti-social behaviour or offences capable of

being dealt with under section 94 in a manner proportionate to those

effects;

(b)
a restorative element ensuring appropriate restitution to the victim (if

any) and the wider community of any anti-social behaviour or offences

capable of being dealt with under section 94.

(3)
The Secretary of State shall from time to time publish guidance as to appropriate

actions to be contained in a community remedy document.

(4)
In this section—

“anti-social behaviour” means behaviour capable of causing nuisance or

annoyance to any person.

“punitive element” includes any action which results in a loss of free time

to the person carrying it out.

“restorative action” includes an apology in writing.

“victim” means a person affected or principally affected by any anti-social

behaviour or offence capable of being dealt with under section 94.

Public Bill Committee: 11 July 2013
168

Anti-social Behaviour, continued

“the wider community” means those living, working or visiting the area for

which the policing body has responsibility.’.

Legal highs—offence

Mr David Hanson

Gloria De Piero

Phil Wilson

NC2

To move the following Clause:—

‘(1)
It is an offence for a person to supply, or offer to supply, a psychoactive

substance, including but not restricted to—

(a)
a powder;

(b)
a pill;

(c)
a liquid; or

(d)
a herbal substance with the appearance of cannabis,


which he knows, or has reasonable cause to believe, to be so acting, that the

substance is likely to be consumed by a person for the purpose of causing

intoxication.

(2)
A person guilty of an offence under this section shall be liable on summary

conviction to imprisonment for a term not exceeding six months or to a fine not

exceeding level 5 on the standard scale.

(3)
This section does not apply to alcohol, tobacco, or any drug currently scheduled

under the Misuse of Drugs Act 1971 or the Medicines Act 1968.

Review of effect of legal highs on anti-social behaviour

Mr David Hanson

Gloria De Piero

Phil Wilson

NC3

To move the following Clause:—

‘The Secretary of State shall carry out a review no more than 12 months following

Royal Assent to this Act to assess the effect of legal psychoactive drugs on—

(a)
anti-social behaviour offending rates; and

(b)
NHS, policing and local authority resources dedicated to tackling anti-

social behaviour.’.

Public Bill Committee: 11 July 2013
169

Anti-social Behaviour, continued

Dog control notice

Mr David Hanson

Gloria De Piero

Phil Wilson

Julie Hilling

Huw Irranca-Davies

Luciana Berger

NC4

To move the following Clause:—

‘(1)
Where an authorised officer has reasonable cause to believe that a dog is not

under sufficient control and requires greater control in any place, as a

preventative measure to protect the public, the dog itself, or another protected

animal, he or she may serve on the owner, and if different, person for the time

being in charge of the dog a written control notice which—

(a)
states that he or she is of that belief;

(b)
specifies the respects in which he or she believes the owner, and if

different, the person for the time being in charge of the dog is failing to

keep the dog under sufficient control;

(c)
specifies the steps he or she requires the owner, and if different, the

person for the time being in charge of the dog to take in order to comply

with the notice;

(d)
specifies the date by which the terms of the notice must be complied with;

and

(e)
specifies the date that the notice expires which will not be for a period

which exceeds six months.

(2)
In a control notice pursuant to subsection (1)(c) an authorised officer must require

a dog to be microchipped (if not already done so) and the owner, and if different,

the person for the time being in charge of the dog, register the dog with a

microchip database, and may require the following steps, where appropriate, but

is not limited to—

(a)
keeping the dog muzzled as directed;

(b)
keeping the dog on a lead when in public or under control as directed;

(c)
requiring the owner, and if different, the person for the time being in

charge of the dog, to seek and implement expert advice about training and

behaviour for the dog;

(d)
having the dog neutered where appropriate; and

(e)
keeping the dog away from particular places or persons.

(3)
Failure to comply with the steps required in a control notice within the time

period specified, to the satisfaction of the authorised officer may lead to a

complaint to a Magistrates Court under section 2 of the Dogs Act 1871.

(4)
The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner,

and if different, the person for the time being in charge of a dog fails to comply

with the steps required in a control notice within the time period specified in

accordance with subsection (3) above as they would apply if a dog was dangerous

and not kept under proper control.

(5)
An “authorised officer” is a person that has been appointed by the local authority

or police for the purposes of this Act.

Public Bill Committee: 11 July 2013
170

Anti-social Behaviour, continued

(6)
A “protected animal” is one that is commonly domesticated in the British Islands,

is under the control of man whether on a permanent or temporary basis, or is not

living in a wild state.’.

Firearms licences—assessing public safety

Mr David Hanson

Gloria De Piero

Phil Wilson

Grahame M. Morris

NC5

To move the following Clause:—

‘(1)
The Firearms Act 1968 is amended as follows.

(2)
After section 28A (Certificates: supplementary) insert—

“28B Assessing public safety

(1)
When assessing the threat to public safety under sections 27, 28, 30A,
5
30B or 30C the Chief Police Officer must ensure that a range of

background checks are performed.

(2)
Where these checks uncover substantiated evidence of violent conduct,

domestic violence, mental illness or drug or alcohol abuse, the

presumption is that the Chief Police Officer should refuse the licence
10
application unless exceptional evidence can be brought forward by the

applicant as to their suitability to possess a weapon.

(3)
When assessing public safety within this section the Chief Police Officer

must follow any guidance issued by the Secretary of State.”.’.

As an Amendment to Mr David Hanson’s proposed New Clause (Firearms licences—

assessing public safety) (NC5):—

Bridget Phillipson

(a)

Line  6,  at end insert—

‘(1A)
Background checks under subsection (1) must include, so far as practicable,

consultation with current and former partners of the applicant.’.

Public Bill Committee: 11 July 2013
171

Anti-social Behaviour, continued

Firearms: power of Secretary of State to alter fees

Mr David Hanson

Gloria De Piero

Phil Wilson

Grahame M. Morris

NC6

To move the following Clause:—

‘(1)
Section 43 of the Firearms Act 1968 (power of Secretary of State to alter fees) is

amended as follows.

(2)
After subsection (1) insert—

“(1A)
Before making an order under this section the Secretary of State must

consult with chief police officers to ensure the level of fees collected by

the police under sections 32 and 35 are sufficient for the police to recoup

the costs they incur through the administration and assessment of

firearms licences made under this Act.”.’.

Requirement for review of alcohol licences where public spaces protection order is made

Gloria De Piero

Mr David Hanson

Phil Wilson

NC8

To move the following Clause:—

‘Where a local authority has made a public spaces protection order which

prohibits the consumption of alcohol, it must—

(a)
inform all premises licensed to sell alcohol within the restricted area that

such an order has been issued;

(b)
carry out a formal review of all licenses issued under the Licensing Act

2003 to those premises, in order to ensure that the licensing conditions

are appropriate for minimising the detrimental effects of alcohol in the

local area; and

(c)
where a premises has been identified by the police or local authority as a

particular cause of nuisance or anti-social behaviour, revoke that

premises’ alcohol licence or review the conditions imposed by it.’.



© Parliamentary copyright	Revised 11 July 2013