House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1063

House of Commons

Tuesday 15 October 2013

Consideration of Bill

Anti-social Behaviour, Crime and Policing Bill, As Amended

Note

The Amendments have been arranged in accordance with the Order of the House

[14 October 2013].

Remaining new clauses and new schedules, except those relating to the

control of dogs; amendments to parts 9 to 13

Offence of forced marriage: Scotland

Secretary Theresa May

NC9

To move the following Clause:—

‘(1)
A person commits an offence under the law of Scotland if he or she—

(a)
uses violence, threats or any other form of coercion for the purpose of

causing another person to enter into a marriage, and

(b)
believes, or ought reasonably to believe, that the conduct may cause the

other person to enter into the marriage without free and full consent.

(2)
A person commits an offence under the law of Scotland if he or she—

(a)
practises any form of deception with the intention of causing another

person to leave the United Kingdom, and

(b)
intends the other person to be subjected to conduct outside the United

Kingdom that is an offence under subsection (1) or would be an offence

under that subsection if the victim were in Scotland.

(3)
“Marriage” means any religious or civil ceremony of marriage (whether or not

legally binding).

(4)
It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1)

is directed at the victim of the offence under that subsection or another person.

(5)
A person commits an offence under subsection (1) or (2) only if, at the time of the

coercion or deception—

(a)
the person or the victim or both of them are in Scotland,

(b)
neither the person nor the victim is in Scotland but at least one of them is

habitually resident in Scotland, or

Consideration of Bill: 15 October 2013
1064

Anti-social Behaviour, Crime and Policing Bill, continued

(c)
neither the person nor the victim is in the United Kingdom but at least one

of them is a UK national.

(6)
“UK national” means an individual who is—

(a)
a British citizen, a British overseas territories citizen, a British National

(Overseas) or a British Overseas citizen;

(b)
a person who under the British Nationality Act 1981 is a British subject;

or

(c)
a British protected person within the meaning of that Act.

(7)
A person guilty of an offence under this section is liable—

(a)
on summary conviction, to imprisonment for a term not exceeding 12

months or to a fine not exceeding the statutory maximum or both;

(b)
on conviction on indictment, to imprisonment for a term not exceeding 2

years or to a fine or both.’.

Fees for criminal record certificates etc

Secretary Theresa May

NC10

To move the following Clause:—

‘In Part 5 of the Police Act 1997 (criminal record certificates etc), in section 125

(regulations), after subsection (1) there is inserted—

“(1A)
In prescribing the amount of a fee that—

(a)
is payable in relation to applications under a particular provision

of this Part, but

(b)
is not payable in relation to applications made by volunteers,


the Secretary of State may take into account not only the costs associated

with applications in relation to which the fee is payable but also the costs

associated with applications under that provision made by volunteers.”’.

Power of community support officer to issue fixed penalty notice for cycle light offence

Secretary Theresa May

NC11

To move the following Clause:—

‘(1)
Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community

support officers) is amended as follows.

(2)
In sub-paragraph (2)(b) of paragraph 1 (power to issue fixed penalty notices)—

(a)
for “in respect of an offence” there is substituted “in respect of—

(i)
an offence”;

(b)
at the end there is inserted “, or

(ii)
an offence, under section 42 of the Road

Traffic Act 1988, of contravening or failing

Consideration of Bill: 15 October 2013
1065

Anti-social Behaviour, Crime and Policing Bill, continued

to comply with a construction or use

requirement about lighting equipment or

reflectors for cycles;”.

(3)
In sub-paragraph (2) of paragraph 11A (power to stop cycles)—

(a)
for “has committed an offence” there is substituted “has committed—

(a)
an offence”;

(b)
at the end there is inserted “, or

(b)
an offence, under section 42 of the Road Traffic Act

1988, of contravening or failing to comply with a

construction or use requirement about lighting

equipment or reflectors for cycles;”.’.

Credit for time in custody awaiting extradition to United Kingdom to serve sentence

Secretary Theresa May

NC12

To move the following Clause:—

‘In section 49 of the Prison Act 1952 (persons unlawfully at large), after

subsection (3) there is inserted—

“(3A)
Where—

(a)
a person is extradited to the United Kingdom from a category 1

territory for the purpose of serving a term of imprisonment or

another form of detention mentioned in subsection (2) of this

section, and

(b)
the person was for any time kept in custody in that territory with

a view to the extradition (and not also for any other reason),


the Secretary of State shall exercise the power under that subsection to

direct that account shall be taken of that time in calculating the period for

which the person is liable to be detained.

(3B)
In subsection (3A) of this section “category 1 territory” means a territory

designated under the Extradition Act 2003 for the purposes of Part 1 of

that Act.”’.

Court and tribunal fees

Secretary Theresa May

NC28

To move the following Clause:—

‘(1)
In prescribing a fee under an enactment specified in subsection (2), the Lord

Chancellor may with the consent of the Treasury prescribe a fee of an amount

which is intended to exceed the cost of anything in respect of which the fee is

charged.

Consideration of Bill: 15 October 2013
1066

Anti-social Behaviour, Crime and Policing Bill, continued

(2)
The enactments are—

(a)
section 92 of the Courts Act 2003 (Senior Courts, county courts and

magistrates’ courts fees);

(b)
section 54 of the Mental Capacity Act 2005 (Court of Protection fees);

(c)
section 58(4)(b) of that Act (Public Guardian fees);

(d)
section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal

fees).

(3)
Before prescribing a fee by virtue of subsection (1) under an enactment specified

in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard to—

(a)
the financial position of the courts and tribunals for which the Lord

Chancellor is responsible, including in particular any costs incurred by

those courts and tribunals that are not being met by current fee income,

and

(b)
the competitiveness of the legal services market.

(4)
For the purposes of subsection (3)(a), the courts and tribunals for which the Lord

Chancellor is responsible are the courts listed in section 1(1) of the Courts Act

2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and

Enforcement Act 2007.

(5)
A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental

Capacity Act 2005 must be used to finance the efficient and effective discharge

of functions of the Public Guardian.

(6)
A fee prescribed by virtue of subsection (1) under any other enactment specified

in subsection (2) must be used to finance an efficient and effective system of

courts and tribunals.

(7)
A statutory instrument—

(a)
containing an order or regulations under an enactment specified in

subsection (2), and

(b)
setting a fee for the first time in excess of the cost of anything in respect

of which the fee is charged,

may not be made unless a draft of the instrument has been laid before both Houses

of Parliament and approved by a resolution of each House.

Control of new psychoactive substances

Diana Johnson

Mr Steve Reed

Mr David Hanson

Helen Jones

Jack Dromey

John Woodcock

NC16

To move the following Clause:—

‘(1)
Any person supplying, or offering to supply, a synthetic psychoactive substance

including but not restricted to—

(a)
a powder;

(b)
a pill;

(c)
a liquid; or

(d)
a herbal substance with the appearance of cannabis,

Consideration of Bill: 15 October 2013
1067

Anti-social Behaviour, Crime and Policing Bill, continued


which is likely to be consumed by a person for the purpose of causing intoxication

will be subject to a Synthetic Psychoactive Product Order prohibiting its supply.

(2)
Any subsequent breach of that Order will be an offence.

(3)
A person guilty of an offence under this section shall be liable on summary

conviction to imprisonment for a term not exceeding six months or to a fine not

exceeding level 5 on the standard scale.

(4)
This section does not apply to alcohol, tobacco, or any drug currently scheduled

under the Misuse of Drugs Act 1971 or the Medicines Act 1968.’.

Proportionality

Mr Dominic Raab

Nick de Bois

Keith Vaz

Ms Gisela Stuart

Mr Graham Brady

Zac Goldsmith

Steve Baker

Bob Blackman

Mrs Anne Main

Conor Burns

Mr Douglas Carswell

Simon Reevell

Sir Richard Shepherd

Martin Vickers

Mr John Redwood

Dr Sarah Wollaston

Mark Reckless

Mr Bernard Jenkin

Mr David Ruffley

Mr Phillip Hollobone

Richard Drax

Mr William Cash

Mr Charles Walker

Mark Field

Mr David Nuttall

Mr David Davis

Mark Pritchard

Tim Loughton

Henry Smith

NC21

To move the following Clause:—

‘(1)
Section 21 of the Extradition Act 2003 is amended as follows—

(a)
For “21 Human Rights” substitute “21 Person unlawfully at large: human

rights proportionality.”

(b)
After “the judge must decide” insert “both of the following questions in

respect of the extradition of the person (“D”)—

(a),’

(c)
After “the Convention rights within the meaning of the Human Rights

Act 1998 (c.42)” and insert “; and

(b) whether the extradition would be disproportionate.’

(d)
After subsection (1) insert—

“(1A)
In deciding whether the extradition would be disproportionate,

the judge must take into account the specified matters relating to

proportionality.

(1B)
These are the specified matters relating to proportionality—

(a)
the seriousness of the conduct for which the requested

person was convicted of the extradition offence;

(b)
whether the sentence which the person received in

respect of the extradition offence was initially

suspended;

(c)
the conduct of the requested person;

Consideration of Bill: 15 October 2013
1068

Anti-social Behaviour, Crime and Policing Bill, continued

(d)
the passage of time since the person became unlawfully

at large; and

(e)
any other matter which the judge considers to be

relevant.

(1C)
The judge must order D’s discharge if the judge makes one or

both of these decisions—

(a)
that the extradition woudl not be compatible with the

Convention rights;

(b)
that the extradition would be disproportionate.”

(1D)
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.”

(e)
In subsection (4), after “if the judge makes an order under subsection” for

“(3)” substitute “(1D)”.’.

Service of sentence in United Kingdom

Mr Dominic Raab

Nick de Bois

Keith Vaz

Ms Gisela Stuart

Mr Graham Brady

Zac Goldsmith

Steve Baker

Bob Blackman

Mrs Anne Main

Conor Burns

Mr Douglas Carswell

Simon Reevell

Sir Richard Shepherd

Martin Vickers

Mr John Redwood

Dr Sarah Wollaston

Mark Reckless

Mr Bernard Jenkin

Mr David Ruffley

Mr Phillip Hollobone

Richard Drax

Mr William Cash

Mr Charles Walker

Mark Field

Mr David Nuttall

Mr David Davis

Mark Pritchard

Tim Loughton

Henry Smith

NC22

To move the following Clause:—

‘(1)
The Extradition Act 2003 is amended as follows.

(2)
After Section 20 (Case where person is convicted) insert—

“20A
Service of sentence in the United Kingdom

(1)
If the judge is required to proceed under this section he must decide

whether the person is a United Kingdom national or a resident of the

United Kingdom.

(2)
If the judge decides the question in subsection (1) in the negative he must

proceed under section 21.

Consideration of Bill: 15 October 2013
1069

Anti-social Behaviour, Crime and Policing Bill, continued

(3)
If the judge decides that question in the affirmative he must decide

whether it is possible for the person to serve the sentence in the United

Kingdom.

(4)
If the judge decides the question in subsection (3) in the negative he must

proceed under section 21.

(5)
If the judge decides that question in the affirmative he must decide

whether the person consents to serve the sentence for which his

extradition is sought in the United Kingdom.

(6)
If the judge decides the question in subsection (5) in the negative he must

proceed under section 21.

(7)
If the judge decides that question in the affirmative he may refuse

extradition provided that he orders the person to serve the sentence (or to

complete the service of the sentence) in the United Kingdom.

(8)
Where the judge makes an order under subsection (7) he shall issue a

warrant authorising the person’s detention in the United Kingdom and

containing any provisions which the judge considers appropriate for

giving effect to the sentence which gave rise to the proceedings (or the

portion of the sentence remaining unserved)’.”

(3)
In Section 20, subsections (2), (4) and (6) for “proceed under section 21”

substitute “proceed under section 20A”.’.

Mistaken identity

Mr Dominic Raab

Nick de Bois

Keith Vaz

Ms Gisela Stuart

Mr Graham Brady

Zac Goldsmith

Steve Baker

Bob Blackman

Mrs Anne Main

Conor Burns

Mr Douglas Carswell

Simon Reevell

Sir Richard Shepherd

Martin Vickers

Mr John Redwood

Dr Sarah Wollaston

Mark Reckless

Mr Bernard Jenkin

Mr David Ruffley

Mr Phillip Hollobone

Richard Drax

Mr William Cash

Mr Charles Walker

Mark Field

Mr David Nuttall

Mr David Davis

Mark Pritchard

Tim Loughton

Henry Smith

NC23

To move the following Clause:—

‘(1)
The Extradition Act 2003 is amended as follows.

(2)
In section 7 (Identity of person arrested) after subsection 4 insert—

“(4A)
If the judge decides that question in the afformative he must decide

whether the person in respect of whom the warrant was issued is the

person who is alleged to have committed, or to have been convicted for,

the offence on which the warrant is based.



© Parliamentary copyright	Revised 15 October 2013