House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

41

House of Commons

Tuesday 16 July 2013

Public Bill Committee Proceedings

Anti-social Behaviour ,

Crime and Policing Bill

[FIFTEENTH SITTING]

New Clauses

Appointment of chief officers of police

Mr Jeremy Browne

Added  NC9

To move the following Clause:—

‘(1)
Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act

2011 (appointment of chief constables) is amended as follows.

(2)
In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the United

Kingdom” there is substituted “is eligible for appointment”.

(3)
After sub-paragraph (1) there is inserted—

“(1A)
A person is eligible for appointment if the person is or has been—

(a)
a constable in any part of the United Kingdom, or

(b)
a police officer in an approved overseas police force, of at

least the approved rank.

    (1B)
An “approved overseas police force” is a police force which—

(a)
is in a country or territory outside the United Kingdom

designated by the College of Policing, and

(b)
is designated in relation to that country or territory by the

College of Policing.

    (1C)
The “approved rank” for an approved overseas police force is the rank

which is designated as the approved rank for that police force by the

College of Policing.

    (1D)
The College of Policing must make designations under sub-

paragraphs (1B) and (1C), but must not do so without the approval of

the Secretary of State.”

(4)
Section 42 of that Act (appointment of Commissioner of Police of the Metropolis)

is amended as follows.

(5)
In subsection (3), for “is, or has been, a constable in any part of the United

Kingdom” there is substituted “is eligible for appointment”.

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Anti-social Behaviour, continued

(6)
After subsection (3) there is inserted—

“(3A)
A person is eligible for appointment if the person is or has been—

(a)
a constable in any part of the United Kingdom, or

(b)
a police officer in an approved overseas police force, of at least

the approved rank.

(3B)
An “approved overseas police force” is a police force which—

(a)
is in a country or territory outside the United Kingdom

designated by the College of Policing, and

(b)
is designated in relation to that country or territory by the College

of Policing.

(3C)
The “approved rank” for an approved overseas police force is the rank

which is designated as the approved rank for that police force by the

College of Policing.

(3D)
The College of Policing must make designations under subsections (3B)

and (3C), but must not do so without the approval of the Secretary of

State.”’.

Retention of personal samples that are or may be disclosable

Mr Jeremy Browne

Added  NC10

To move the following Clause:—

‘(1)
In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and

samples etc: exclusions from destruction rules)—

(a)
in subsection (5) (material that is or may become disclosable to the

defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted

“Sections 63D to 63T”;

(b)
after that subsection there is inserted—

“(5A)
A sample that—

(a)
falls within subsection (5), and

(b)
but for that subsection would be required to be destroyed

under section 63R,


must not be used other than for the purposes of any proceedings

for the offence in connection with which the sample was taken.

(5B)
A sample that once fell within subsection (5) but no longer does,

and so becomes a sample to which section 63R applies, must be

destroyed immediately if the time specified for its destruction

under that section has already passed.”

(2)
In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in

paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of

Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction

rules of material that is or may become disclosable to the defence)—

(a)
for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A

material” there is substituted “Paragraphs 20A to 20H do not apply to

material”;

Public Bill Committee Proceedings: 16 July 2013
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Anti-social Behaviour, continued

(b)
at the end of that paragraph (which becomes sub-paragraph (1)) there is

inserted—

  “(2)
A sample that—

(a)
falls within sub-paragraph (1), and

(b)
but for that sub-paragraph would be required to be

destroyed under paragraph 20G,


must not be used other than for the purposes of any

proceedings for the offence in connection with which the

sample was taken.

      (3)
A sample that once fell within sub-paragraph (1) but no longer

does, and so becomes a sample to which paragraph 20G

applies, must be destroyed immediately if the time specified

for its destruction under that paragraph has already passed.”’.

Powers to seize invalid passports etc

Mr Jeremy Browne

Added  NC22

To move the following Clause:—

‘Schedule [Powers to seize invalid passports etc] (powers to seize invalid

passports etc) has effect.’.

Proportionality

Mr Jeremy Browne

Added  NC23

To move the following Clause:—

‘(1)
In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (5),

for “21” there is substituted “21A”.

(2)
After section 21 of that Act there is inserted—

“21A
Person not convicted: human rights and proportionality

(1)
If the judge is required to proceed under this section (by virtue of section

11), the judge must decide both of the following questions in respect of

the extradition of the person (“D”)—

(a)
whether the extradition would be compatible with the

Convention rights within the meaning of the Human Rights Act

1998;

(b)
whether the extradition would be disproportionate.

(2)
In deciding whether the extradition would be disproportionate, the judge

must take into account the specified matters relating to proportionality

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Anti-social Behaviour, continued

(so far as the judge thinks it appropriate to do so); but the judge must not

take any other matters into account.

(3)
These are the specified matters relating to proportionality—

(a)
the seriousness of the conduct alleged to constitute the

extradition offence;

(b)
the likely penalty that would be imposed if D was found guilty

of the extradition offence;

(c)
the possibility of the relevant foreign authorities taking measures

that would be less coercive than the extradition of D.

(4)
The judge must order D’s discharge if the judge makes one or both of

these decisions—

(a)
that the extradition would not be compatible with the Convention

rights;

(b)
that the extradition would be disproportionate.

(5)
The judge must order D to be extradited to the category 1 territory in

which the warrant was issued if the judge makes both of these

decisions—

(a)
that the extradition would be compatible with the Convention

rights;

(b)
that the extradition would not be disproportionate.

(6)
If the judge makes an order under subsection (5) he must remand the

person in custody or on bail to wait for extradition to the category 1

territory.

(7)
If the person is remanded in custody, the appropriate judge may later

grant bail.

(8)
In this section “relevant foreign authorities” means the authorities in the

territory to which D would be extradited if the extradition went ahead.”

(3)
In deciding any question whether section 21A of the Extradition Act 2003 is

compatible with European Union law, regard must be had (in particular) to

Article 1(3) of the framework decision of the Council of the European Union

made on 13 June 2002 on the European arrest warrant and the surrender

procedures between member states (2002/584/JHA) (which provides that that

decision shall not have the effect of modifying the obligation to respect

fundamental rights and fundamental legal principles as enshrined in Article 6 of

the Treaty on European Union).

(4)
In a case where the Part 1 warrant (within the meaning of the Extradition Act

2003) has been issued before the time when the amendments made by this section

come into force, those amendments apply to the extradition concerned only if, at

that time, the judge has not yet decided all of the questions in section 11(1) of that

Act.’.

Extradition barred if no prosecution decision in requesting territory

Mr Jeremy Browne

Added   NC24

To move the following Clause:—

Public Bill Committee Proceedings: 16 July 2013
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Anti-social Behaviour, continued

‘(1)
In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph (a)

of subsection (1) there is inserted—

“(aa)
absence of prosecution decision;”.

(2)
After section 12 of that Act there is inserted—

“12A
Absence of prosecution decision

(1)
A person’s extradition to a category 1 territory is barred by reason of

absence of prosecution decision if (and only if)—

(a)
it appears to the appropriate judge that there are reasonable

grounds for believing that—

(i)
the competent authorities in the category 1 territory have

not made a decision to charge or have not made a

decision to try (or have made neither of those decisions),

and

(ii)
the person’s absence from the category 1 territory is not

the sole reason for that failure,


and

(b)
those representing the category 1 territory do not prove that—

(i)
the competent authorities in the category 1 territory have

made a decision to charge and a decision to try, or

(ii)
in a case where one of those decisions has not been made

(or neither of them has been made), the person’s absence

from the category 1 territory is the sole reason for that

failure.

(2)
In this section “to charge” and “to try”, in relation to a person and an

extradition offence, mean—

(a)
to charge the person with the offence in the category 1 territory,

and

(b)
to try the person for the offence in the category 1 territory.”

(3)
In a case where the Part 1 warrant (within the meaning of the Extradition Act

2003) has been issued before the time when the amendments made by this section

come into force, those amendments apply to the extradition concerned only if, at

that time, the judge has not yet decided all of the questions in section 11(1) of that

Act.’.

Hostage-taking considerations

Mr Jeremy Browne

Added  nc25

To move the following Clause:—

‘(1)
Section 16 of the Extradition Act 2003 (extradition to category 1 territory barred

by reason of hostage-taking considerations) is repealed.

(2)
In section 11 of that Act (bars to extradition), paragraph (e) of subsection (1) is

omitted.

(3)
In a case where the Part 1 warrant (within the meaning of the Extradition Act

2003) has been issued before the time when the amendments made by this section

come into force, those amendments apply to the extradition concerned only if, at

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Anti-social Behaviour, continued

that time, the judge has not yet decided all of the questions in section 11(1) of that

Act.’.

Request for temporary transfer etc

Mr Jeremy Browne

Added  nc26

To move the following Clause:—

‘Before section 22 of the Extradition Act 2003 there is inserted—

“21B
Request for temporary transfer etc

(1)
This section applies if—

(a)
a Part 1 warrant is issued which contains the statement referred

to in section 2(3) (warrant issued for purposes of prosecution for

offence in category 1 territory), and

(b)
at any time before or in the extradition hearing, the appropriate

judge is informed that a request under subsection (2) or (3) has

been made.

(2)
A request under this subsection is a request by a judicial authority of the

category 1 territory in which the warrant is issued (“the requesting

territory”)—

(a)
that the person in respect of whom the warrant is issued be

temporarily transferred to the requesting territory, or

(b)
that arrangements be made to enable the person to speak with

representatives of an authority in the requesting territory

responsible for investigating, prosecuting or trying the offence

specified in the warrant.

(3)
A request under this subsection is a request by the person in respect of

whom the warrant is issued—

(a)
to be temporarily transferred to the requesting territory, or

(b)
that arrangements be made to enable the person to speak with

representatives of an authority in the requesting territory

responsible for investigating, prosecuting or trying the offence

specified in the warrant.

(4)
The judge must order further proceedings in respect of the extradition to

be adjourned if the judge thinks it necessary to do so to enable the person

(in the case of a request under subsection (2)) or the authority by which

the warrant is issued (in the case of a request under subsection (3)) to

consider whether to consent to the request.


An adjournment under this subsection must not be for more than 7 days.

(5)
If the person or authority consents to the request, the judge must—

(a)
make whatever orders and directions seem appropriate for giving

effect to the request;

(b)
order further proceedings in respect of the extradition to be

adjourned for however long seems necessary to enable the orders

and directions to be carried out.

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Anti-social Behaviour, continued

(6)
If the request, or consent to the request, is withdrawn before effect (or full

effect) has been given to it—

(a)
no steps (or further steps) may be taken to give effect to the

request;

(b)
the judge may make whatever further orders and directions seem

appropriate (including an order superseding one made under

subsection (5)(b)).

(7)
A person may not make a request under paragraph (a) or (b) of subsection

(3) in respect of a warrant if the person has already given consent to a

request under the corresponding paragraph of subsection (2) in respect of

that warrant (even if that consent has been withdrawn).

(8)
A person may not make a further request under paragraph (a) or (b) of

subsection (3) in respect of a warrant if the person has already made a

request under that paragraph in respect of that warrant (even if that

request has been withdrawn).

(9)
If—

(a)
a request under subsection (2) or (3) is made before a date has

been fixed on which the extradition hearing is to begin, and

(b)
the proceedings are adjourned under this section,


the permitted period for the purposes of fixing that date (see section 8(4))

is extended by the number of days for which the proceedings are so

adjourned.”’.

Judge informed after extradition hearing or order that person charged with offence or

serving sentence in United Kingdom

Mr Jeremy Browne

Added  nc27

To move the following Clause:—

‘(1)
After section 36 of the Extradition Act 2003 there is inserted—

“36A
Judge informed after extradition hearing that person charged with

offence in United Kingdom

(1)
This section applies if—

(a)
an order has been made for the extradition of the person in

respect of whom the Part 1 warrant is issued, and

(b)
before the extradition order is carried out the appropriate judge

is informed that the person is charged with an offence in the

United Kingdom.

(2)
The appropriate judge must order the extradition order not to be carried

out until one of these occurs—

(a)
the charge is disposed of;

(b)
the charge is withdrawn;

(c)
proceedings in respect of the charge are discontinued;

(d)
an order is made for the charge to lie on the file, or in relation to

Scotland, the diet is deserted pro loco et tempore.



© Parliamentary copyright	Revised 17 July 2013