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| Anti-social Behaviour, Crime and Policing Bill, As Amended
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| | The Amendments have been arranged in accordance with the Order of the House |
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| Remaining new clauses and new schedules, except those relating to the |
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| control of dogs; amendments to parts 9 to 13 |
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| | Offence of forced marriage: Scotland |
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| To move the following Clause:— |
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| | ‘(1) | A person commits an offence under the law of Scotland if he or she— |
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| | (a) | uses violence, threats or any other form of coercion for the purpose of |
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| | causing another person to enter into a marriage, and |
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| | (b) | believes, or ought reasonably to believe, that the conduct may cause the |
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| | other person to enter into the marriage without free and full consent. |
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| | (2) | A person commits an offence under the law of Scotland if he or she— |
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| | (a) | practises any form of deception with the intention of causing another |
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| | person to leave the United Kingdom, and |
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| | (b) | intends the other person to be subjected to conduct outside the United |
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| | Kingdom that is an offence under subsection (1) or would be an offence |
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| | under that subsection if the victim were in Scotland. |
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| | (3) | “Marriage” means any religious or civil ceremony of marriage (whether or not |
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| | (4) | It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) |
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| | is directed at the victim of the offence under that subsection or another person. |
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| | (5) | A person commits an offence under subsection (1) or (2) only if, at the time of the |
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| | (a) | the person or the victim or both of them are in Scotland, |
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| | (b) | neither the person nor the victim is in Scotland but at least one of them is |
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| | habitually resident in Scotland, or |
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| | (c) | neither the person nor the victim is in the United Kingdom but at least one |
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| | of them is a UK national. |
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| | (6) | “UK national” means an individual who is— |
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| | (a) | a British citizen, a British overseas territories citizen, a British National |
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| | (Overseas) or a British Overseas citizen; |
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| | (b) | a person who under the British Nationality Act 1981 is a British subject; |
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| | (c) | a British protected person within the meaning of that Act. |
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| | (7) | A person guilty of an offence under this section is liable— |
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| | (a) | on summary conviction, to imprisonment for a term not exceeding 12 |
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| | months or to a fine not exceeding the statutory maximum or both; |
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| | (b) | on conviction on indictment, to imprisonment for a term not exceeding 2 |
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| | years or to a fine or both.’. |
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| | Fees for criminal record certificates etc |
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| To move the following Clause:— |
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| | ‘In Part 5 of the Police Act 1997 (criminal record certificates etc), in section 125 |
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| | (regulations), after subsection (1) there is inserted— |
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| | “(1A) | In prescribing the amount of a fee that— |
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| | (a) | is payable in relation to applications under a particular provision |
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| | (b) | is not payable in relation to applications made by volunteers, |
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| | | the Secretary of State may take into account not only the costs associated |
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| | with applications in relation to which the fee is payable but also the costs |
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| | associated with applications under that provision made by volunteers.”’. |
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| | Power of community support officer to issue fixed penalty notice for cycle light offence |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community |
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| | support officers) is amended as follows. |
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| | (2) | In sub-paragraph (2)(b) of paragraph 1 (power to issue fixed penalty notices)— |
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| | (a) | for “in respect of an offence” there is substituted “in respect of— |
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| | (b) | at the end there is inserted “, or |
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| | (ii) | an offence, under section 42 of the Road |
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| | Traffic Act 1988, of contravening or failing |
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| | to comply with a construction or use |
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| | requirement about lighting equipment or |
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| | (3) | In sub-paragraph (2) of paragraph 11A (power to stop cycles)— |
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| | (a) | for “has committed an offence” there is substituted “has committed— |
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| | (b) | at the end there is inserted “, or |
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| | (b) | an offence, under section 42 of the Road Traffic Act |
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| | 1988, of contravening or failing to comply with a |
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| | construction or use requirement about lighting |
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| | equipment or reflectors for cycles;”.’. |
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| | Credit for time in custody awaiting extradition to United Kingdom to serve sentence |
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| To move the following Clause:— |
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| | ‘In section 49 of the Prison Act 1952 (persons unlawfully at large), after |
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| | subsection (3) there is inserted— |
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| | (a) | a person is extradited to the United Kingdom from a category 1 |
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| | territory for the purpose of serving a term of imprisonment or |
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| | another form of detention mentioned in subsection (2) of this |
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| | (b) | the person was for any time kept in custody in that territory with |
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| | a view to the extradition (and not also for any other reason), |
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| | | the Secretary of State shall exercise the power under that subsection to |
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| | direct that account shall be taken of that time in calculating the period for |
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| | which the person is liable to be detained. |
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| | (3B) | In subsection (3A) of this section “category 1 territory” means a territory |
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| | designated under the Extradition Act 2003 for the purposes of Part 1 of |
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| To move the following Clause:— |
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| | ‘(1) | In prescribing a fee under an enactment specified in subsection (2), the Lord |
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| | Chancellor may with the consent of the Treasury prescribe a fee of an amount |
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| | which is intended to exceed the cost of anything in respect of which the fee is |
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| | (a) | section 92 of the Courts Act 2003 (Senior Courts, county courts and |
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| | magistrates’ courts fees); |
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| | (b) | section 54 of the Mental Capacity Act 2005 (Court of Protection fees); |
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| | (c) | section 58(4)(b) of that Act (Public Guardian fees); |
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| | (d) | section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal |
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| | (3) | Before prescribing a fee by virtue of subsection (1) under an enactment specified |
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| | in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard to— |
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| | (a) | the financial position of the courts and tribunals for which the Lord |
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| | Chancellor is responsible, including in particular any costs incurred by |
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| | those courts and tribunals that are not being met by current fee income, |
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| | (b) | the competitiveness of the legal services market. |
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| | (4) | For the purposes of subsection (3)(a), the courts and tribunals for which the Lord |
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| | Chancellor is responsible are the courts listed in section 1(1) of the Courts Act |
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| | 2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and |
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| | (5) | A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental |
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| | Capacity Act 2005 must be used to finance the efficient and effective discharge |
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| | of functions of the Public Guardian. |
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| | (6) | A fee prescribed by virtue of subsection (1) under any other enactment specified |
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| | in subsection (2) must be used to finance an efficient and effective system of |
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| | (7) | A statutory instrument— |
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| | (a) | containing an order or regulations under an enactment specified in |
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| | (b) | setting a fee for the first time in excess of the cost of anything in respect |
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| | of which the fee is charged, |
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| | may not be made unless a draft of the instrument has been laid before both Houses |
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| | of Parliament and approved by a resolution of each House. |
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| | Control of new psychoactive substances |
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| To move the following Clause:— |
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| | ‘(1) | Any person supplying, or offering to supply, a synthetic psychoactive substance |
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| | including but not restricted to— |
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| | (d) | a herbal substance with the appearance of cannabis, |
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| | | which is likely to be consumed by a person for the purpose of causing intoxication |
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| | will be subject to a Synthetic Psychoactive Product Order prohibiting its supply. |
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| | (2) | Any subsequent breach of that Order will be an offence. |
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| | (3) | A person guilty of an offence under this section shall be liable on summary |
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| | conviction to imprisonment for a term not exceeding six months or to a fine not |
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| | exceeding level 5 on the standard scale. |
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| | (4) | This section does not apply to alcohol, tobacco, or any drug currently scheduled |
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| | under the Misuse of Drugs Act 1971 or the Medicines Act 1968.’. |
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| To move the following Clause:— |
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| | ‘(1) | Section 21 of the Extradition Act 2003 is amended as follows— |
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| | (a) | For “21 Human Rights” substitute “21 Person unlawfully at large: human |
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| | (b) | After “the judge must decide” insert “both of the following questions in |
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| | respect of the extradition of the person (“D”)—
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| | (c) | After “the Convention rights within the meaning of the Human Rights |
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| | Act 1998 (c.42)” and insert “; and
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| | (b) whether the extradition would be disproportionate.’ |
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| | (d) | After subsection (1) insert— |
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| | “(1A) | In deciding whether the extradition would be disproportionate, |
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| | the judge must take into account the specified matters relating to |
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| | (1B) | These are the specified matters relating to proportionality— |
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| | (a) | the seriousness of the conduct for which the requested |
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| | person was convicted of the extradition offence; |
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| | (b) | whether the sentence which the person received in |
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| | respect of the extradition offence was initially |
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| | (c) | the conduct of the requested person; |
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| | (d) | the passage of time since the person became unlawfully |
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| | (e) | any other matter which the judge considers to be |
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| | (1C) | The judge must order D’s discharge if the judge makes one or |
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| | (a) | that the extradition woudl not be compatible with the |
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| | (b) | that the extradition would be disproportionate.” |
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| | (1D) | The judge must order D to be extradited to the category 1 |
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| | territory in which the warrant was issued if the judge makes both |
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| | (a) | that the extradition would be compatible with the |
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| | (b) | that the extradition would not be disproportionate.” |
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| | (e) | In subsection (4), after “if the judge makes an order under subsection” for |
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| | “(3)” substitute “(1D)”.’. |
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| | Service of sentence in United Kingdom |
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| To move the following Clause:— |
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| | ‘(1) | The Extradition Act 2003 is amended as follows. |
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| | (2) | After Section 20 (Case where person is convicted) insert— |
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| | “20A | Service of sentence in the United Kingdom |
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| | (1) | If the judge is required to proceed under this section he must decide |
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| | whether the person is a United Kingdom national or a resident of the |
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| | (2) | If the judge decides the question in subsection (1) in the negative he must |
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| | proceed under section 21. |
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| | (3) | If the judge decides that question in the affirmative he must decide |
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| | whether it is possible for the person to serve the sentence in the United |
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| | (4) | If the judge decides the question in subsection (3) in the negative he must |
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| | proceed under section 21. |
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| | (5) | If the judge decides that question in the affirmative he must decide |
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| | whether the person consents to serve the sentence for which his |
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| | extradition is sought in the United Kingdom. |
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| | (6) | If the judge decides the question in subsection (5) in the negative he must |
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| | proceed under section 21. |
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| | (7) | If the judge decides that question in the affirmative he may refuse |
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| | extradition provided that he orders the person to serve the sentence (or to |
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| | complete the service of the sentence) in the United Kingdom. |
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| | (8) | Where the judge makes an order under subsection (7) he shall issue a |
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| | warrant authorising the person’s detention in the United Kingdom and |
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| | containing any provisions which the judge considers appropriate for |
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| | giving effect to the sentence which gave rise to the proceedings (or the |
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| | portion of the sentence remaining unserved)’.” |
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| | (3) | In Section 20, subsections (2), (4) and (6) for “proceed under section 21” |
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| | substitute “proceed under section 20A”.’. |
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| To move the following Clause:— |
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| | ‘(1) | The Extradition Act 2003 is amended as follows. |
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| | (2) | In section 7 (Identity of person arrested) after subsection 4 insert— |
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| | “(4A) | If the judge decides that question in the afformative he must decide |
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| | whether the person in respect of whom the warrant was issued is the |
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| | person who is alleged to have committed, or to have been convicted for, |
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| | the offence on which the warrant is based. |
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