House of Commons Public Bill Committee Proceedings

Session 2013 - 14
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Other Bills before Parliament

Public Bill Committee Proceedings: 16 July 2013
66

Anti-social Behaviour, continued

      (3)
The powers are—

(a)
to require the person to hand over all travel documents in his or her

possession for inspection by the constable;

(b)
to search for travel documents and to take possession of any that the

constable finds;

(c)
to inspect any travel document taken from the person and to retain it

while its validity is checked;

(d)
(subject to paragraph 4) to retain any travel document taken from the

person that the constable believes to be invalid.

      (4)
The power under sub-paragraph (3)(b) is a power to search—

(a)
the person;

(b)
anything that the person has with him or her;

(c)
any vehicle in which the constable believes the person to have been

travelling or to be about to travel;

(d)
any premises on which the constable is lawfully present.

Retention or return of documents seized

4    (1)
If a travel document is retained under paragraph 2(2)(c) or 3(3)(c) while its

validity is checked, the checking must be carried out as soon as possible.

      (2)
If it is established that a travel document taken from a person under paragraph

2 or 3—

(a)
is valid, or

(b)
is invalid only because it has expired,


it must be returned to the person straight away.

      (3)
A travel document taken from a person under paragraph 2 or 3 must be

returned to the person before the end of the period of 7 days beginning with the

day on which it was taken, unless during that period it is established that the

document is invalid for some reason other than expiry.

      (4)
A requirement under sub-paragraph (2)(b) or (3) to return an expired travel

document does not apply where the officer concerned reasonably believes that

the person from whom he or she took the document, or some other person,

intends to use it for purposes for which it is no longer valid.

      (5)
A requirement under sub-paragraph (2) or (3) to return a travel document has

effect subject to any provision not in this Schedule under which the document

may be lawfully retained.

General

5    (1)
An examining officer may if necessary use reasonable force for the purpose of

exercising a power under paragraph 2 or 3.

      (2)
An examining officer may authorise a person to carry out on the officer’s

behalf a search under paragraph 2 or 3.

Offences

6    (1)
A person who is required under paragraph 2(2)(a) or 3(3)(a) to hand over all

travel documents in the person’s possession commits an offence if he or she

fails without reasonable excuse to do so.

      (2)
A person who intentionally obstructs, or seeks to frustrate, a search under

paragraph 2 or 3 commits an offence.

      (3)
A person guilty of an offence under this paragraph is liable on summary

conviction—

Public Bill Committee Proceedings: 16 July 2013
67

Anti-social Behaviour, continued

(a)
to imprisonment for a term not exceeding 6 months, or

(b)
to a fine, which in Scotland or Northern Ireland may not exceed

£5,000,


or to both.

7
An examining officer, other than a constable, exercising a power under

paragraph 2 has the same powers of arrest without warrant as a constable in

relation to an offence under—

(a)
paragraph 6, or

(b)
section 4 or 6 of the Identity Documents Act 2010.’.

Clause 137 Agreed to.

Mr Jeremy Browne

Agreed to  112

Schedule  7,  page  146,  line  16,  at end insert—

    ‘( )
In paragraph 20A(4), at the end there is inserted “, but this is subject to

paragraph 19ZD (restriction on disclosure of sensitive information)”.

      ( )
In paragraph 20C(4)—

(a)
the words from the beginning to “sub-paragraph (3),” are omitted;

(b)
at the end there is inserted “, except so far as—

(a)
regulations made by virtue of sub-paragraph (3)

provide otherwise, or

(b)
the Commission is prevented from doing so by

paragraph 19ZD (restriction on disclosure of

sensitive information).”

      ( )
In paragraph 20H(5)—

(a)
the words from the beginning to “sub-paragraph (4),” are omitted;

(b)
at the end there is inserted “, except so far as—

(a)
regulations made by virtue of sub-paragraph (4)

provide otherwise, or

(b)
the Commission is prevented from doing so by

paragraph 19ZD (restriction on disclosure of

sensitive information).”

      ( )
In paragraph 23(12)—

(a)
the words from the beginning to “sub-paragraph (11),” are omitted;

(b)
at the end there is inserted “, except so far as—

(a)
regulations made by virtue of sub-paragraph (11)

provide otherwise, or

(b)
the Commission is prevented from doing so by

paragraph 19ZD (restriction on disclosure of

sensitive information).”

      ( )
In paragraph 24A(3), after “a report” there is inserted “to the Commission”.’.

Mr Jeremy Browne

Agreed to  148

Schedule  7,  page  148,  line  3,  at end insert—

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

(1A), for “by reason of forum only” there is substituted “by reason of—

Public Bill Committee Proceedings: 16 July 2013
68

Anti-social Behaviour, continued

(a)
absence of prosecution decision, or

(b)
forum,


only”.’.

Mr Jeremy Browne

Agreed to  149

Schedule  7,  page  148,  line  3,  at end insert—

  ‘(1)
Section 21 of that Act (human rights) is amended as follows.

      (1)
For the heading there is substituted “Person unlawfully at large: human

rights”.

      (2)
In subsection (1) the words “11 or” are omitted.’.

Mr Jeremy Browne

Agreed to  150

Schedule  7,  page  148,  line  6,  at end insert—

‘
In section 35 of that Act (extradition where there is no appeal), after subsection

(4) there is inserted—

“(4A)
If the day referred to in paragraph (a) of subsection (4) is earlier than

the earliest day on which, by reason of an order under section 36A or

36B, the extradition order may be carried out (“the postponed date”),

that paragraph has effect as if it referred instead to the postponed

date.”


In section 36 of that Act (extradition following appeal), after subsection (3)

there is inserted—

“(3A)
If the day referred to in paragraph (a) of subsection (3) is earlier than

the earliest day on which, by reason of an order under section 36A or

36B, the extradition order may be carried out (“the postponed date”),

that paragraph has effect as if it referred instead to the postponed

date.”’.

Mr Jeremy Browne

Agreed to  151

Schedule  7,  page  148,  line  6,  at end insert—

‘
In section 66 of that Act (supplementary provision for the purposes of sections

64 and 65), in subsection (1), for “(2)” there is substituted “(1A)”.’.

Mr Jeremy Browne

Agreed to  152

Schedule  7,  page  148,  line  12,  at end insert—

‘
In section 117 of that Act (extradition where there is no appeal), in subsection

(2), for the words after “28 days” there is substituted “starting with—

(a)
the day on which the Secretary of State makes the extradition

order, or

(b)
if an order is made under section 118A or 118B, the earliest

day on which the extradition order may be carried out.”


In section 118 of that Act (extradition following appeal), after subsection (2)

there is inserted——

“(2A)
But if the day referred to in paragraph (a) or (b) of subsection (3) is

earlier than the earliest day on which, by reason of an order under

section 118A or 118B, the extradition order may be carried out (“the

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

postponed date”), the required period is 28 days beginning with the

postponed date.”’.

Mr Jeremy Browne

Agreed to  153

Schedule  7,  page  148,  line  12,  at end insert—

‘
In section 137 (definition of extradition offence for the purposes of Part 2 of

the Act: person not sentenced for offence) subsection (9) is repealed.


In section 138 (definition of extradition offence for the purposes of Part 2 of

the Act: person sentenced for offence) subsection (9) is repealed.’

Mr Jeremy Browne

Agreed to  154

Schedule  7,  page  148,  line  12,  at end insert—

  ‘(1)
Section 197 of that Act (custody) is amended as follows.

      (2)
In subsection (1), at the end there is inserted—


“This is subject to the power to order the temporary transfer of a

person under section 21B.”

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

“(6A)
An order for a person’s temporary transfer under section 21B is

sufficient authority for an appropriate person—

(a)
to receive him;

(b)
to keep him in custody until he is transferred in accordance

with the order;

(c)
to convey him to and from the territory to which he is to be

transferred;

(d)
on his return from that territory, to keep him in custody until

he is brought back to the institution to which he was

committed.”’.

Mr Jeremy Browne

Agreed to  155

Schedule  7,  page  148,  line  29,  at end insert—

‘
In Part 1 of Schedule 1 to that Act (re-extradition: category 1 territories), in

paragraph 3, after “21(3)” there is inserted “and section 21A(5)”.’.

Schedule, as amended, agreed to

Clauses 138 and 139 Agreed to.

Mr Jeremy Browne

Agreed to  109

Clause  140,  page  107,  line  30,  at end insert—

‘( )
section [Retention of personal samples that are or may be

disclosable](1);’.

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

Mr Jeremy Browne

Agreed to  145

Clause  140,  page  107,  line  31,  at end insert—

‘( )
section [Criminal Procedure Rules to apply to extradition proceedings

etc];’.

Mr Jeremy Browne

Agreed to  146

Clause  140,  page  108,  line  2,  at end insert—

‘( )
section [Powers to seize invalid passports etc] and Schedule [Powers to

seize invalid passports etc];’.

Mr Jeremy Browne

Agreed to  110

Clause  140,  page  108,  line  2,  at end insert—

‘( )
section [Retention of personal samples that are or may be

disclosable](2);’.

Mr Jeremy Browne

Agreed to  147

Clause  140,  page  108,  line  4,  after ‘11’, insert ‘, except section [Criminal

Procedure Rules to apply to extradition proceedings etc]’.

Clause Agreed to.

Clauses 141 and 142 Agreed to.

Bill, as amended, to be reported.



© Parliamentary copyright	Revised 17 July 2013