(3) Any power conferred by subsection (2) may be exercised—

(a) upon the unscheduled arrival, or

(b) at any later time when the person is still in the United Kingdom
after the unscheduled arrival.

(4) 5A person taken into custody under this section may be kept in custody
until the expiry of the period of 72 hours beginning with the time when
the person is taken (or first taken) into custody under this section.

(5) But if a transit certificate is issued under section 189A in respect of the
non-UK extradition of the person, the person must not be kept in
10custody under this section after the issue of the certificate.

(6) Subsection (5) does not prevent the person from being taken into
custody under section 189A.

(7) An authorised officer searching a person in the exercise of a power
conferred by subsection (2)(b) or (c) may seize any item found if the
15officer has reasonable grounds for believing that the person searched
might use the item—

(a) to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to
escape from custody.

189C 20Exercise of the extradition transit powers

(1) The extradition transit powers include power to use reasonable force
when necessary.

(2) An authorised officer may not, when exercising a relevant search
power, require a person to remove any clothing other than an outer
25coat, jacket, headgear or gloves.

(3) Any item seized from a person in the exercise of a relevant search
power may be retained while the person is in transit through the United
Kingdom.

189D Codes of practice

(1) 30The Secretary of State must issue a code of practice in connection
with—

(a) the exercise of extradition transit powers;

(b) the retention, use and return of anything seized under a
relevant search power.

(2) 35If the Secretary of State proposes to issue a code of practice under this
section the Secretary of State must—

(a) publish a draft of the code;

(b) consider any representations made to the Secretary of State
about the draft;

(c) 40if the Secretary of State thinks it appropriate, modify the draft in
the light of any such representations.

(3) The Secretary of State must lay the code before Parliament.

(4) After doing so the Secretary of State may bring the code into operation
by order.

(5) The Secretary of State may revise the whole or any part of a code issued
under this section and issue the code as revised; and subsections (2) to
(4) apply to such a revised code as they apply to the original code.

(6) A failure by an authorised officer to comply with a provision of a code
5issued under this section does not of itself make the authorised officer
liable to criminal or civil proceedings.

(7) A code issued under this section is admissible in evidence in any
proceedings and must be taken into account by a court in determining
any question to which it appears to the court to be relevant.

(8) 10If the Secretary of State publishes a draft code of practice in connection
with a matter specified in subsection (1) before the date on which this
section comes into force—

(a) the draft is as effective as one published under subsection (2) on
or after that date;

(b) 15representations made to the Secretary of State about the draft
before that date are as effective as such representations made
after that date;

(c) modifications made by the Secretary of State to the draft in the
light of any such representations before that date are as effective
20as any such modifications made on or after that date.

189E Sections 189A to 189D: interpretation

(1) An “authorised officer” is—

(a) a constable, or

(b) a person who is of a description specified by the Secretary of
25State by order.

(2) A National Crime Agency officer, prison officer, or any other person
who has the powers of a constable (but is not a constable)—

(a) does not have the extradition transit powers by virtue of having
the powers of a constable; and

(b) 30accordingly, has the extradition transit powers only if the
person is of a description specified under subsection (1)(b).

(3) These expressions have the meanings given—

• “extradition transit powers” means the powers under—

  (a)

  section 189A (except the power to issue transit
  35certificates), and

  (b)

  section 189B;

• “foreign territory” means a territory outside the United Kingdom;

• “non-UK extradition” means extradition from one foreign
  territory to another foreign territory;

• 40“relevant search power” means a power of search under—

  (a)

  section 189A(2)(c) or (d), or

  (b)

  section 189B(2)(b) or (c);

• “relevant UK authority” means—

  (a)

  the National Crime Agency (in the case of a non-UK
  45extradition to a category 1 territory), or

  (b)

  the Secretary of State (in any other case).

(4) A reference to the transit of a person through the United Kingdom is a
reference to the person arriving in, being in, and departing from the
United Kingdom (whether or not the person travels within the United
Kingdom between arrival and departure).

(5) 5This section applies for the purposes of section 189A to 189D (and this
section).”

131 Extradition to a territory that is party to an international Convention

For section 193 of the Extradition Act 2003 there is substituted—

“193 Parties to international Conventions

(1) 10The Secretary of State may by order—

(a) designate an international Convention to which the United
Kingdom is a party, and

(b) specify conduct to which the Convention applies.

(2) If the Secretary of State believes, in respect of a request for a person’s
15extradition, that—

(a) the request is for extradition to a territory that is a party to a
Convention designated under subsection (1)(a),

(b) the territory is not a category 1 territory or a category 2 territory,
and

(c) 20the conduct specified in the request is conduct specified under
subsection (1)(b),

the Secretary of State may certify that the conditions in paragraphs (a)
to (c) are satisfied in relation to the extradition of the person.

(3) If the Secretary of State issues a certificate under subsection (2) this Act
25applies in respect of the person’s extradition to the territory as if the
territory were a category 2 territory.

(4) As applied by subsection (3), this Act has effect as if—

(a) sections 71(4), 73(5), 74(11)(b), 84(7), 86(7), 137 and 138 were
omitted;

(b) 30the conduct that constituted an extradition offence for the
purposes of Part 2 were the conduct specified under subsection
(1)(b).

(5) A certificate under subsection (3) in relation to a person is conclusive
evidence that the conditions in paragraphs (a) to (c) of subsection (2) are
35satisfied in relation to the person’s extradition.”

Part 12 Criminal justice and court fees

132 Compensation for miscarriages of justice

(1) In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages
40of justice) after subsection (1) there is inserted—

“(1ZA) For the purposes of subsection (1), there has been a miscarriage of
justice in relation to a person convicted of a criminal offence in England

and Wales or, in a case where subsection (6H) applies, Northern
Ireland, if and only if the new or newly discovered fact shows beyond
reasonable doubt that the person was innocent of the offence (and
references in the rest of this Part to a miscarriage of justice are to be
5construed accordingly).”

(2) Subsection (1ZA) of section 133 of the Criminal Justice Act 1988 has effect in
relation to—

(a) any application for compensation made under subsection (2) of that
section on or after the day on which this section comes into force, and

(b) 10any application for compensation made before that day in relation to
which the question whether there is a right to compensation has not
been finally determined before that day by the Secretary of State under
subsection (3) of that section.

133 Low-value shoplifting

(1) 15The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 2 (trial of summary offences), in subsection (3)(a) for “22” there is
substituted “22A”.

(3) After section 22 there is inserted—

“22A Low-value shoplifting to be a summary offence

(1) 20Low-value shoplifting is triable only summarily.

(2) But where a person accused of low-value shoplifting is aged 18 or over,
and appears or is brought before the court before the summary trial of
the offence begins, the court must give the person the opportunity of
electing to be tried by the Crown Court for the offence and, if the person
25elects to be so tried—

(a) subsection (1) does not apply, and

(b) the court must send the person to the Crown Court for trial for
the offence.

(3) “Low-value shoplifting” means an offence under section 1 of the Theft
30Act 1968 in circumstances where—

(a) the value of the stolen goods does not exceed £200,

(b) the goods were being offered for sale in a shop or any other
premises, stall, vehicle or place from which there is carried on a
trade or business, and

(c) 35at the time of the offence, the person accused of low-value
shoplifting was, or was purporting to be, a customer or
potential customer of the person offering the goods for sale.

(4) For the purposes of subsection (3)(a)—

(a) the value of the stolen goods is the price at which they were
40being offered for sale at the time of the offence, and

(b) where the accused is charged on the same occasion with two or
more offences of low-value shoplifting, the reference to the
value involved has effect as if it were a reference to the
aggregate of the values involved.

(5) A person guilty of low-value shoplifting is liable on summary
conviction to—

(a) imprisonment for a period not exceeding 51 weeks (or 6
months, if the offence was committed before the
5commencement of section 281(4) and (5) of the Criminal Justice
Act 2003),

(b) a fine, or

(c) both.

(6) A person convicted of low-value shoplifting by a magistrates’ court
10may not appeal to the Crown Court against the conviction on the
ground that the convicting court was mistaken as to whether the
offence was one of low-value shoplifting.

(7) For the purposes of this section, any reference to low-value shoplifting
includes aiding, abetting, counselling or procuring the commission of
15low-value shoplifting.”

(4) In section 143 (power to alter sums specified in certain provisions)—

(a) after subsection (2)(a) there is inserted—

“(aza) section 22A(3)(a) above;”;

(b) the word “or” after paragraph (a) of subsection (3) is omitted;

(c) 20after subsection (3)(a) there is inserted—

“(aa) in relation to section 22A(3)(a) above, the date of the
coming into force of that section; or”.

(5) The Criminal Attempts Act 1981 is amended as follows—

(a) in section 1 (attempting to commit an offence) after subsection (4) there
25is inserted—

“(5) This section also applies to low-value shoplifting (which is
defined in, and is triable only summarily by virtue of, section
22A of the Magistrates’ Courts Act 1980).”;

(b) in section 4 (trial and penalties) in paragraph (c) of subsection (1), after
30“either way,” there is inserted “or is low-value shoplifting (which is
defined in, and is triable only summarily by virtue of, section 22A of the
Magistrates’ Courts Act 1980),”.

(6) The amendments made by this section have effect in relation to—

(a) low-value shoplifting (which is defined in section 22A(3) of the 1980
35Act) committed on or after the day on which this section comes into
force, and

(b) low-value shoplifting committed before that day in respect of which
proceedings have not yet been instituted.

134 Protection arrangements for persons at risk

(1) 40The Serious Organised Crime and Police Act 2005 is amended as follows.

(2) In section 82 (protection of persons involved in investigations or
proceedings)—

(a) in the heading, for “of persons involved in investigations or
proceedings” there is substituted “arrangements for persons at risk”;

(b) 45in subsection (1), for the words from “a person” to “United Kingdom”
there is substituted “any person if he reasonably believes that the

person’s safety is at risk in view of the criminal conduct or possible
criminal conduct of another person”;

(c) after subsection (5) there is inserted—

“(5A) In subsection (1), “criminal conduct” means conduct which
5constitutes an offence in England and Wales or Scotland, or
would do if it occurred there.

(5B) Nothing in this section prevents a protection provider from
making arrangements under this section for the protection of a
person where non-statutory arrangements have already been
10made in respect of that person.”;

(d) subsection (6) is repealed.

(3) Sections 91 and 92 are repealed.

(4) In section 93, paragraph (b) of subsection (1) and the word “or” before it are
repealed.

(5) 15In section 172, paragraph (e) of subsection (5) is repealed.

(6) Schedule 5 is repealed.

(7) Nothing in this section affects arrangements made before the commencement
of this section for the purpose of protecting a person under section 82(1) of the
2005 Act.

135 20Surcharges: imprisonment in default and remission of fines

(1) In section 82 of the Magistrates’ Courts Act 1980 (restriction on power to
impose imprisonment for default), after subsection (1) there is inserted—

“(1A) Subsection (1)(c) above does not apply in relation to a surcharge
ordered to be paid under section 161A of the Criminal Justice Act 2003.”

(2) 25In section 85 of that Act (power to remit fine), after subsection (3) there is
inserted—

“(3A) Where—

(a) the court remits the whole or part of the fine, and

(b) the offender was ordered under section 161A of the Criminal
30Justice Act 2003 to pay a surcharge the amount of which was set
by reference to the amount of the fine,

the court shall determine how much the surcharge would have been if
the fine had not included the amount remitted, and remit the balance of
the surcharge.”

(3) 35In section 165 of the Criminal Justice Act 2003 (remission of fines), after
subsection (4) there is inserted—

“(5) Where—

(a) under this section the court remits the whole or part of a fine,
and

(b) 40the offender was ordered under section 161A to pay a surcharge
the amount of which was set by reference to the amount of the
fine,

the court must determine how much the surcharge would have been if
the fine had not included the amount remitted, and remit the balance of
the surcharge.”

(4) Subsections (2) and (3) apply in any case where the fine, or part of it, is remitted
5on or after the day on which this section comes into force.

136 Court and tribunal fees

(1) The Lord Chancellor may by regulations make provision in connection with court and
tribunal fees.

(2) The regulations may not make provision that would be within the legislative
10competence of—

(a) the Scottish Parliament, if it were contained in an Act of the Scottish
Parliament, or

(b) the Northern Ireland Assembly, if it were contained in an Act of the
Northern Ireland Assembly.

15Part 13 General

137 Amendments

(1) Schedule 7 (minor and consequential amendments) has effect.

(2) The Secretary of State may by order make consequential amendments to
20provisions contained in or made under any Act.

“Consequential amendments” here means amendments that are consequential
on any provision of this Act, other than the provisions listed in subsection (3)
as they apply in Wales.

“Consequential amendments” here means amendments that are consequential
25on any provision of this Act, other than the provisions listed in subsection (3)
as they apply in Wales.

(3) The Welsh Ministers may by order make consequential amendments to
provisions contained in or made under any Act or any Measure or Act of the
National Assembly for Wales.

30“Consequential amendments” here means amendments that are consequential
on any of the following provisions as they apply in Wales—

“Consequential amendments” here means amendments that are consequential
on any of the following provisions as they apply in Wales—

(a) sections 86 to 90;

(b) 35section 92;

(c) paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 46(4) and 47 of
Schedule 7.

138 Orders and regulations

(1) A power under this Act to make an order or regulations is exercisable by
40statutory instrument.

(2) A statutory instrument containing—

(a) regulations under section 136, or

(b) an order under section 137(2) that amends an Act,

may not be made unless a draft of the instrument has been laid before both
45Houses of Parliament and approved by a resolution of each House.

(3) A statutory instrument containing an order under section 137(3) that amends
an Act or a Measure or Act of the National Assembly for Wales may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of the National Assembly for Wales.

(4) 5A statutory instrument containing—

(a) an order under this Act made by the Secretary of State, other than an
order within subsection (2)(b) or an order under section 141, or

(b) regulations under this Act made by the Secretary of State,

is subject to annulment in pursuance of a resolution of either House of
10Parliament.

(5) A statutory instrument containing—

(a) an order under this Act made by the Welsh Ministers, other than an
order within subsection (3) or an order under section 141, or

(b) regulations under this Act made by the Welsh Ministers,

15is subject to annulment in pursuance of a resolution of the National Assembly
for Wales.

(6) An order or regulations under this Act (other than an order under section 141)
may make saving, transitional, transitory, supplementary or consequential
provision.

139 20Financial provision

There is to be paid out of money provided by Parliament any increase attributable to
this Act in the sums payable under any other Act out of money so provided.

140 Extent

(1) The following provisions extend to England and Wales only—

(a) 25Parts 1 to 6;

(b) section 98 except subsections (2)(a)(ii) and (6);

(c) Part 9;

(d) sections 105 to 111;

(e) section 114;

(f) 30sections 116 to 123;

(g) section 125;

(h) sections 133 and 135.

(2) The following provisions extend to England and Wales and Scotland (but not
Northern Ireland)—

(a) 35sections 98(2)(a)(ii) and (6) and 99;

(b) sections 100 and 102;

(c) section 134.

(3) The following provisions extend to England and Wales and Northern Ireland
(but not Scotland)—

(a) 40section 113 and Schedule 5;

(b) section 132.

(4) The following provisions extend to England and Wales, Scotland and Northern
Ireland—

(a) section 101;

(b) section 112;

(c) section 124 and Schedule 6;

(d) Part 11;

(e) 5section 136.

(5) Section 115 extends only to Northern Ireland.

(6) An amendment, repeal or revocation made by Schedule 7 has the same extent
as the relevant part of the Act or instrument amended, repealed or revoked.

(7) The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003
10(powers to make provisions of that Act apply in relation to British overseas
territories, the Channel Islands and the Isle of Man) are exercisable in relation
to any amendment of that Act made by this Act.

141 Commencement

(1) This Act comes into force on whatever day or days the Secretary of State
15appoints by order.

(2) Different days may be appointed for different purposes or different areas.

(3) Subsection (1) does not apply to—

(a) sections 132, 136, 137(2) and (3) and 138 to 142, which come into force
on the day on which this Act is passed;

(b) 20the provisions listed in subsection (4) as they apply in Wales;

(c) section 125.

(4) The following provisions, as they apply in Wales, come into force on whatever
day or days the Welsh Ministers appoint by order—

(a) sections 86 to 90;

(b) 25section 92;

(c) paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 46(4) and 47 of
Schedule 7 (and section 137(1) so far as it relates to those paragraphs).

(5) Section 125 comes into force on whatever day the Attorney General appoints
by order.

(6) 30The Secretary of State may by order make whatever saving, transitional or
transitory provision (in addition to the provision in sections 20, 31, 39, 54 and
85) the Secretary of State thinks appropriate in connection with the coming into
force of any provision of this Act, other than the provisions listed in subsection
(4) as they apply in Wales.

(7) 35The Welsh Ministers may by order make whatever saving, transitional or
transitory provision they think appropriate in connection with the coming into
force in Wales of the provisions listed in subsection (4) as they apply in Wales.

142 Short title

This Act may be cited as the Anti-social Behaviour, Crime and Policing Act
402013.

SCHEDULES

Section 10

SCHEDULE 1 Remands under sections 8 and 9

Introductory

1 (1) 5This Schedule applies where—

(a) a judge has power to remand a person under section 8(5),

(b) a justice of the peace is required to remand a person under section
8(6), or

(c) a court has power to remand a person under section 9(7).

(2) 10A reference in the following paragraphs of this Schedule to a judge is to be
read as including a justice of the peace.

Remand in custody or on bail

2 (1) The judge or the court may remand the person—

(a) in custody, or

(b) 15on bail.

But a person aged under 18 may not be remanded in custody unless
paragraph 6 applies.

(2) A reference in this Schedule to remanding a person in custody is a reference
to committing the person to custody to be brought before the court at the end
20of the period of remand or at whatever earlier time the court may require.

(3) The judge or the court may remand the person on bail—

(a) by taking from the person a recognizance, with or without sureties,
conditioned as provided in paragraph 3, or

(b) by fixing the amount of the recognizances with a view to their being
25taken subsequently and, in the meantime, committing the person to
custody as mentioned in sub-paragraph (2).

(4) Where a person is brought before the court after remand, the court may
further remand the person.

3 (1) Where a person is remanded on bail, the judge or the court may direct that
30the person’s recognizance be conditioned for his or her appearance—

(a) before the court at the end of the period of remand, or

(b) at every time and place to which during the course of the
proceedings the hearing may from time to time be adjourned.

(2) Where a recognizance is conditioned for a person’s appearance as
35mentioned in sub-paragraph (1)(b), the fixing of a time for the person next to
appear is to be treated as a remand.