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| | | “(3) | Matters relevant to the interest of justice include but are not limited to— |
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| | | (a) | the extent and place where most of the loss or harm resulting |
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| | | from the extradition offence occurred or was intended to occur; |
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| | | (b) | the interest of any victims of the extradition offence; |
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| | | (c) | the availability of evidence necessary for a trial in the United |
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| | | Kingdom and in jurisdictions outside the United Kingdom; |
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| | | (d) | the desirability and practicability of all prosecution, relating to |
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| | | the extradition offfence taking place in one jurisdiction; |
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| | | (e) | D’s nationality, place of habitual residence and other |
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| | | connections with the United Kingdom. |
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| | | (4) | In this section “D’s relevant activity” means activity which is material to the |
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| | | commission of the extradition offence and which is alleged to have been |
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| | | Assault on workers in public facing roles |
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| | To move the following Clause:— |
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| | | ‘(1) | A person, being a member of the public, who assaults a worker— |
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| | | (a) | in the course of that worker’s employment, or |
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| | | (b) | by reason of that worker’s employment, commits an offence. |
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| | | (2) | No offence is committed— |
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| | | (a) | under subsection (1)(a) unless the person who assaults knows or ought to |
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| | | know that the worker is acting in the course of the worker’s employment; |
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| | | (b) | under subsection (1)(b) unless the assault is motivated, in whole or in |
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| | | part, by malice towards the worker by reason of the worker’s |
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| | | |
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| | | “worker” means a person whose employment involves dealing with |
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| | | members of the public, to any extent, but only if that employment |
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| | | (c) | being physically present in the same place and at the same time |
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| | | as one or more members of the public; and |
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| | | (d) | (i) interacting with those members of the public for the |
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| | | purposes of the employment; or
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| | | (ii) providing a service to either particular members of the |
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| | | public or the public generally. |
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| | | “employment” in this context means any paid or unpaid work whether under |
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| | | a contract, apprenticeship, or otherwise. |
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| | | (4) | Evidence from a single source is sufficient evidence to establish for the purpose |
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| | | of subsection (1) whether a person is a worker. |
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| | | (5) | A person guilty of an offence under this Act is liable, on summary conviction, to |
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| | | imprisonment for a period not exceeding 12 months or to a fine not exceeding |
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| | | level 5 on the standard scale.’. |
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| | | Long-term police authorisation requiring independent approval |
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| | To move the following Clause:— |
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| | | ‘( ) | The Regulation of Investigatory Powers Act 2000 is amended as follows— |
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| | | (a) | after section 32A (Authorisations requiring judicial approval) insert— |
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| | | “32AA | Long-term police authorisations requiring independent |
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| | | (1) | This section applies where a relevant person has granted a long- |
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| | | term authorisation under section 29. |
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| | | (2) | The authorisation is not to take effect until such time (if any) as |
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| | | the relevant independent body has made an order approving the |
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| | | grant of the authorisation. |
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| | | (3) | The relevant independent body may give approval under this |
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| | | section to the granting of an authorisation under section 29 if, |
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| | | and only if, the relevant independent body is satisfied that— |
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| | | (a) | at the time of the grant— |
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| | | (i) | there were reasonable grounds for believing that |
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| | | the requirements of section 29(2), and any |
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| | | requirements imposed by virtue of section |
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| | | 29(7)(b) are satisfied in relation to that |
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| | | (ii) | the relevant conditions were satisfied in relation |
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| | | to that authorisation, and |
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| | | (b) | at the time when the relevant independent body is |
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| | | considering the matter, there remain reasonable grounds |
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| | | for believing that the requirements of section 29(2), and |
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| | | any requirements imposed by virtue of section 29(7)(b) |
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| | | are satisfied in relation to that authorisation. |
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| | | (4) | For the purposes of subsection (3) the relevant conditions in |
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| | | relation to a grant by an individual holding an office, rank or |
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| | | position in a relevant law enforcement agency, that— |
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| | | (a) | the individual was a designated person for the purposes |
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| | | (b) | the grant of an authorisation was not in breach of any |
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| | | prohibition imposed by virtue of section 29(7)(a) or any |
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| | | restriction imposed by virtue of section 30(3), and |
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| | | (c) | any other conditions that may be provided for by the |
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| | | Secretary of State were satisfied. |
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| | | |
| | | “relevant law enforcement authority” means— |
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| | | (c) | a police force in the United Kingdom, and |
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| | | (d) | the National Crime Agency. |
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| | | “relevant judicial authority” means— |
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| | | (a) | in relation to England and Wales, the High Court of |
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| | | Justice in England and Wales, |
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| | | (b) | in relation to Scotland, the Court of Session, and |
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| | | (c) | in relation to Northern Ireland, the High Court of Justice |
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| | | (a) | an individual holding an office, rank or position in a |
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| | | police force in the United Kingdom, and |
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| | | (b) | an individual holding an office, rank or position in the |
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| | | “relevant independent body” must be set out by the Home Secretary |
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| | | in a motion passed by both Houses of Parliament before this |
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| | | “long-term” must be set out by the Home Secretary in a motion |
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| | | passed by both Houses of Parliament before this Clause is |
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| | | Annual review of Schedule 7 to the Terrorism Act |
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| | To move the following Clause:— |
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| | | ‘(1) | The Independent Reviewer of Terrorism Legislation shall monitor and publish a |
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| | | report to Parliament providing an analysis of the application of Schedule 7 to the |
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| | | (2) | The report shall include an assessment of those persons stopped, questioned or |
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| | | detained who have protected characteristics within the meaning of section 4 of the |
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| | | Equality Act 2010 (The protected characteristics). |
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| | | (3) | A Minister of the Crown, must not later than 3 months after the report has been |
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| | | laid before Parliament, make a motion in the House of Commons in relation to |
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| | | Sunset provision for Schedule 7 to the Terrorism Act 2000 |
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| | To move the following Clause:— |
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| | | ‘(1) | Schedule 7 to the Terrorism Act 2000 shall be repealed, five years after the |
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| | | commencement of this Act, unless continued in force by an order under |
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| | | (2) | The Secretary of State may by order made by statutory instrument provide— |
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| | | (a) | that those provisions which are in force shall continue in force for a |
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| | | period not exceeding five years from the coming into operation of the |
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| | | (b) | that those provisions which are for the time being in force shall cease to |
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| | | (3) | No order shall be made under subsection (2) unless a draft of the order has been |
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| | | laid before and approved by a resolution of both Houses of Parliament.’. |
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| | | Public order offences committed against constables in private dwellings |
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| | 
| To move the following Clause:— |
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| | | ‘(1) | In section 4A of the Public Order Act 1986, after subsection (3) there is |
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| | | “(4) | Subsection 2 and subsection 3(a) do not apply where the person who is |
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| | | harassed, alarmed or distressed is a constable who is present in the |
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| | | dwelling in the execution of his duty.”. |
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| | | (2) | In section 5 of the Public Order Act 1986, after subsection (3) there is inserted— |
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| | | “(4) | Subsection 2 and subsection 3(b) do not apply where the person who is |
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| | | harassed, alarmed or distressed is a constable who is present in the |
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| | | dwelling in the execution of his duty.”. |
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| | | (3) | In section 18 of the Public Order Act 1986, after subsection (2) there is inserted— |
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| | | “(3) | Subsection 2 and subsection (4) do not apply where the person who is |
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| | | harassed, alarmed or distressed is a constable who is present in the |
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| | | dwelling in the execution of his duty.”.’. |
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| | Clause 104, page 75 , line 17, after ‘offence’ insert ‘under the law of England and |
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| | Clause 104, page 75 , line 22, after ‘offence’ insert ‘under the law of England and |
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| | Clause 112, page 80, line 24, at end insert— |
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| | | ‘( ) | The Secretary of State may secure the reimbursement of payments made under |
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| | | section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or |
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| | | Department of Justice in Northern Ireland towards expenses incurred by the |
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| | | Police Negotiating Board for the United Kingdom) to the extent that, by reason |
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| | | of the abolition of the Board, the payments are not needed.’. |
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| | Clause 114, page 83, line 22, leave out ‘Police Advisory Board for England and |
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| | Wales’ and insert ‘appropriate advisory or negotiating body’. |
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| | Clause 114, page 83, line 24, at end insert— |
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| | | ‘“(1A) | In subsection (1) above, “the appropriate advisory or negotiating body” means— |
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| | | (a) | as regards England and Wales, the Police Advisory Board for England |
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| | | (b) | as regards Scotland, the Police Negotiating Board for Scotland.’. |
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| | Clause 114, page 83, line 25, after ‘above’ insert ‘as regards England and Wales,’. |
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| | Clause 114, page 83, line 37, leave out from ‘paragraph’ to end of line 40 and insert |
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| | ‘3, for sub-paragraph (3) there is substituted— |
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| | | “(3) | The Secretary of State shall— |
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| | | (a) | consult with the Police Advisory Board for England and Wales before |
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| | | exercising the power as regards England and Wales; |
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| | | (b) | consult with the Police Negotiating Board for Scotland before |
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| | | exercising the power as regards Scotland; |
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| | | (c) | consult with the Northern Ireland Policing Board and the Police |
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| | | Association for Northern Ireland before exercising the power as |
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| | | regards Northern Ireland.”’. |
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| | | |
| | Clause 127, page 98, line 17, leave out lines 17 and 18 and insert ‘Schedule 7 to the |
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| | Terrorism Act 2000 is repealed.’. |
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| | Clause 127, page 98, line 18, at end add— |
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| | | ‘(2) | The Secretary of State shall by order make any amendments to Schedule 7 or 8 to |
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| | | the Terrorism Act 2000 recommended by the Independent Reviewer of Terrorism |
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| | | Legislation to limit the scope of its application.’. |
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| | Clause 129, page 99, line 6, leave out from ‘But’ to end of line 8 and insert ‘if |
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| | proceedings in respect of the extradition are adjourned under section 8A or 8B, the |
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| | permitted period is extended by the number of days for which the proceedings are so |
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| | Clause 130, page 99, line 14, leave out ‘prosecution decision’ and insert ‘decision |
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| | Clause 130, page 99, line 20, leave out ‘have not made a decision to charge or’. |
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| | Clause 130, page 99, line 24, after ‘failure’, insert ‘, and the category 1 territory’s |
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| | unreasonable refusal to consent to a request for a temporary transfer under subsection (3) |
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| | of section 21B is not the sole reason for that failure.’. |
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| | Clause 130, page 99, line 28, leave out ‘a decision to charge and’. |
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