Anti-social Behaviour, Crime and Policing Bill (HC Bill 93)

Anti-social Behaviour, Crime and Policing BillPage 110

imposed in the category 2 territory in respect of the
conduct.

(5) The conditions in this subsection are that—

(a) the conduct occurs outside the category 2 territory;

(b) 5no part of the conduct occurs in the United Kingdom;

(c) the conduct constitutes, or if committed in the United
Kingdom would constitute, an offence mentioned in
subsection (6);

(d) a sentence of imprisonment or another form of detention
10for a term of 4 months or a greater punishment has been
imposed in the category 2 territory in respect of the
conduct.

(6) After subsection (7) of that section there is inserted—

(7A) References in this section to “conduct” (except in the expression
15“equivalent conduct”) are to the conduct specified in the request for the
person’s extradition.

139 Proceedings on deferred warrant or request etc

(1) In section 180 of the Extradition Act 2003 (proceedings on deferred warrant or
request)—

(a) 20in subsection (1), at the end of paragraph (b) there is inserted “in the
person’s favour”;

(b) after subsection (9) there is inserted—

(10) An extradition claim made in respect of a person is disposed of
in the person’s favour if—

(a) 25in the case of a Part 1 warrant, the warrant is disposed of
as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
disposed of as mentioned in subsection (2)(a) or (b) of
that section.

(2) 30In section 181 of that Act (proceedings where extradition deferred)—

(a) in subsection (1), at the end of paragraph (b) there is inserted “in the
person’s favour”;

(b) after subsection (9) there is inserted—

(10) An extradition claim made in respect of a person is disposed of
35in the person’s favour if—

(a) in the case of a Part 1 warrant, the warrant is disposed of
as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
disposed of as mentioned in subsection (2)(a) or (b) of
40that section.

Anti-social Behaviour, Crime and Policing BillPage 111

140 Non-UK extradition: transit through the United Kingdom

After section 189 of the Extradition Act 2003 there is inserted—

Non-UK extradition: transit through the United Kingdom

189A Facilitating transit through the United Kingdom

(1) 5The relevant UK authority may issue a transit certificate in relation to
the non-UK extradition of a person if that authority has been requested
to facilitate the transit of the person through the United Kingdom for
the purposes of the extradition.

(2) If the relevant UK authority issues a transit certificate in relation to the
10non-UK extradition of a person, an authorised officer may do any or all
of the following—

(a) escort the person from, or to, any means of transport used for
the purposes of the extradition;

(b) take the person into custody to facilitate the transit of the person
15through the United Kingdom for the purposes of the
extradition;

(c) search the person, and any item in the possession of the person,
for any item which the person might use to cause physical
injury to that person or any other person;

(d) 20in a case where the person has been taken into custody under
paragraph (b), search the person, and any item in the possession
of the person, for any item which the person might use to escape
from custody.

(3) An authorised officer searching a person in the exercise of a power
25conferred by subsection (2)(c) or (d) may seize any item found if the
officer has reasonable grounds for believing that the person searched
might use the item—

(a) to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to
30escape from custody.

(4) If no request is made under subsection (1) in relation to the non-UK
extradition of a person, or if such a request is made but a transit
certificate is not issued, that does not—

(a) prevent the transit of the person through the United Kingdom
35for the purposes of the extradition; or

(b) affect the powers which an authorised officer has (otherwise
than under this section) in relation to the person while in the
United Kingdom.

189B Unscheduled arrival in the United Kingdom

(1) 40This section applies in a case where—

(a) a person is being extradited,

(b) the extradition is a non-UK extradition, and

(c) the person makes an unscheduled arrival in the United
Kingdom.

(2) 45An authorised officer may do any or all of the following—

Anti-social Behaviour, Crime and Policing BillPage 112

(a) take the person into custody to facilitate the transit of the person
through the United Kingdom for the purposes of the
extradition;

(b) search the person, and any item in the possession of the person,
5for any item which the person might use to cause physical
injury to that person or any other person;

(c) in a case where the person has been taken into custody under
paragraph (a), search the person, and any item in the possession
of the person, for any item which the person might use to escape
10from custody.

(3) Any power conferred by subsection (2) may be exercised—

(a) upon the unscheduled arrival, or

(b) at any later time when the person is still in the United Kingdom
after the unscheduled arrival.

(4) 15A person taken into custody under this section may be kept in custody
until the expiry of the period of 72 hours beginning with the time when
the person is taken (or first taken) into custody under this section.

(5) But if a transit certificate is issued under section 189A in respect of the
non-UK extradition of the person, the person must not be kept in
20custody under this section after the issue of the certificate.

(6) Subsection (5) does not prevent the person from being taken into
custody under section 189A.

(7) An authorised officer searching a person in the exercise of a power
conferred by subsection (2)(b) or (c) may seize any item found if the
25officer has reasonable grounds for believing that the person searched
might use the item—

(a) to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to
escape from custody.

189C 30Exercise of the extradition transit powers

(1) The extradition transit powers include power to use reasonable force
when necessary.

(2) An authorised officer may not, when exercising a relevant search
power, require a person to remove any clothing other than an outer
35coat, jacket, headgear or gloves.

(3) Any item seized from a person in the exercise of a relevant search
power may be retained while the person is in transit through the United
Kingdom.

189D Codes of practice

(1) 40The Secretary of State must issue a code of practice in connection
with—

(a) the exercise of extradition transit powers;

(b) the retention, use and return of anything seized under a
relevant search power.

(2) 45If the Secretary of State proposes to issue a code of practice under this
section the Secretary of State must—

Anti-social Behaviour, Crime and Policing BillPage 113

(a) publish a draft of the code;

(b) consider any representations made to the Secretary of State
about the draft;

(c) if the Secretary of State thinks it appropriate, modify the draft in
5the light of any such representations.

(3) The Secretary of State must lay the code before Parliament.

(4) After doing so the Secretary of State may bring the code into operation
by order.

(5) The Secretary of State may revise the whole or any part of a code issued
10under this section and issue the code as revised; and subsections (2) to
(4) apply to such a revised code as they apply to the original code.

(6) A failure by an authorised officer to comply with a provision of a code
issued under this section does not of itself make the authorised officer
liable to criminal or civil proceedings.

(7) 15A code issued under this section is admissible in evidence in any
proceedings and must be taken into account by a court in determining
any question to which it appears to the court to be relevant.

(8) If the Secretary of State publishes a draft code of practice in connection
with a matter specified in subsection (1) before the date on which this
20section comes into force—

(a) the draft is as effective as one published under subsection (2) on
or after that date;

(b) representations made to the Secretary of State about the draft
before that date are as effective as such representations made
25after that date;

(c) modifications made by the Secretary of State to the draft in the
light of any such representations before that date are as effective
as any such modifications made on or after that date.

189E Sections 189A to 189D: interpretation

(1) 30An “authorised officer” is—

(a) a constable, or

(b) a person who is of a description specified by the Secretary of
State by order.

(2) A National Crime Agency officer, prison officer, or any other person
35who has the powers of a constable (but is not a constable)—

(a) does not have the extradition transit powers by virtue of having
the powers of a constable; and

(b) accordingly, has the extradition transit powers only if the
person is of a description specified under subsection (1)(b).

(3) 40These expressions have the meanings given—

  • “extradition transit powers” means the powers under—

    (a)

    section 189A (except the power to issue transit
    certificates), and

    (b)

    section 189B;

  • 45“foreign territory” means a territory outside the United Kingdom;

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  • “non-UK extradition” means extradition from one foreign
    territory to another foreign territory;

  • “relevant search power” means a power of search under—

    (a)

    section 189A(2)(c) or (d), or

    (b)

    5section 189B(2)(b) or (c);

  • “relevant UK authority” means—

    (a)

    the National Crime Agency (in the case of a non-UK
    extradition to a category 1 territory), or

    (b)

    the Secretary of State (in any other case).

(4) 10A reference to the transit of a person through the United Kingdom is a
reference to the person arriving in, being in, and departing from the
United Kingdom (whether or not the person travels within the United
Kingdom between arrival and departure).

(5) This section applies for the purposes of section 189A to 189D (and this
15section).

141 Extradition to a territory that is party to an international Convention

For section 193 of the Extradition Act 2003 there is substituted—

193 Parties to international Conventions

(1) The Secretary of State may by order—

(a) 20designate an international Convention to which the United
Kingdom is a party, and

(b) specify conduct to which the Convention applies.

(2) If the Secretary of State believes, in respect of a request for a person’s
extradition, that—

(a) 25the request is for extradition to a territory that is a party to a
Convention designated under subsection (1)(a),

(b) the territory is not a category 1 territory or a category 2 territory,
and

(c) the conduct specified in the request is conduct specified under
30subsection (1)(b),

the Secretary of State may certify that the conditions in paragraphs (a)
to (c) are satisfied in relation to the extradition of the person.

(3) If the Secretary of State issues a certificate under subsection (2) this Act
applies in respect of the person’s extradition to the territory as if the
35territory were a category 2 territory.

(4) As applied by subsection (3), this Act has effect as if—

(a) sections 71(4), 73(5), 74(11)(b), 84(7), 86(7), 137 and 138 were
omitted;

(b) the conduct that constituted an extradition offence for the
40purposes of Part 2 were the conduct specified under subsection
(1)(b).

(5) A certificate under subsection (3) in relation to a person is conclusive
evidence that the conditions in paragraphs (a) to (c) of subsection (2) are
satisfied in relation to the person’s extradition.

Anti-social Behaviour, Crime and Policing BillPage 115

142 Criminal Procedure Rules to apply to extradition proceedings etc

(1) In section 68 of the Courts Act 2003 (Criminal Procedure Rules: meaning of
“criminal court”), at the end there is inserted—

(c) the High Court in relation to its jurisdiction under the
5Extradition Act 2003.

(2) In section 1 of the Civil Procedure Act 1997 (Civil Procedure Rules), in
subsection (1)(b), after “the High Court” there is inserted “except in relation to
its jurisdiction under the Extradition Act 2003”.

(3) In section 157 of the Extradition Act 2003 (production orders), after subsection
10(8) there is inserted—

(9) Criminal Procedure Rules may make provision about applications
under this section to a circuit judge.

(4) In section 160 of that Act (warrants: special procedure material and excluded
material), after subsection (9) there is inserted—

(10) 15Criminal Procedure Rules may make provision about applications
under this section to a circuit judge.

Part 12 Criminal justice and court fees

143 Compensation for miscarriages of justice

(1) 20In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages
of justice) after subsection (1) there is inserted—

(1ZA) For the purposes of subsection (1), there has been a miscarriage of
justice in relation to a person convicted of a criminal offence in England
and Wales or, in a case where subsection (6H) applies, Northern
25Ireland, if and only if the new or newly discovered fact shows beyond
reasonable doubt that the person was innocent of the offence (and
references in the rest of this Part to a miscarriage of justice are to be
construed accordingly).

(2) Subsection (1ZA) of section 133 of the Criminal Justice Act 1988 has effect in
30relation to—

(a) any application for compensation made under subsection (2) of that
section on or after the day on which this section comes into force, and

(b) any application for compensation made before that day in relation to
which the question whether there is a right to compensation has not
35been finally determined before that day by the Secretary of State under
subsection (3) of that section.

144 Low-value shoplifting

(1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 2 (trial of summary offences), in subsection (3)(a) for “22” there is
40substituted “22A”.

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(3) After section 22 there is inserted—

22A Low-value shoplifting to be a summary offence

(1) Low-value shoplifting is triable only summarily.

(2) But where a person accused of low-value shoplifting is aged 18 or over,
5and appears or is brought before the court before the summary trial of
the offence begins, the court must give the person the opportunity of
electing to be tried by the Crown Court for the offence and, if the person
elects to be so tried—

(a) subsection (1) does not apply, and

(b) 10the court must send the person to the Crown Court for trial for
the offence.

(3) “Low-value shoplifting” means an offence under section 1 of the Theft
Act 1968 in circumstances where—

(a) the value of the stolen goods does not exceed £200,

(b) 15the goods were being offered for sale in a shop or any other
premises, stall, vehicle or place from which there is carried on a
trade or business, and

(c) at the time of the offence, the person accused of low-value
shoplifting was, or was purporting to be, a customer or
20potential customer of the person offering the goods for sale.

(4) For the purposes of subsection (3)(a)—

(a) the value of the stolen goods is the price at which they were
being offered for sale at the time of the offence, and

(b) where the accused is charged on the same occasion with two or
25more offences of low-value shoplifting, the reference to the
value involved has effect as if it were a reference to the
aggregate of the values involved.

(5) A person guilty of low-value shoplifting is liable on summary
conviction to—

(a) 30imprisonment for a period not exceeding 51 weeks (or 6
months, if the offence was committed before the
commencement of section 281(4) and (5) of the Criminal Justice
Act 2003),

(b) a fine, or

(c) 35both.

(6) A person convicted of low-value shoplifting by a magistrates’ court
may not appeal to the Crown Court against the conviction on the
ground that the convicting court was mistaken as to whether the
offence was one of low-value shoplifting.

(7) 40For the purposes of this section, any reference to low-value shoplifting
includes aiding, abetting, counselling or procuring the commission of
low-value shoplifting.

(4) In section 143 (power to alter sums specified in certain provisions)—

(a) after subsection (2)(a) there is inserted—

(aza) 45section 22A(3)(a) above;;

(b) the word “or” after paragraph (a) of subsection (3) is omitted;

Anti-social Behaviour, Crime and Policing BillPage 117

(c) after subsection (3)(a) there is inserted—

(aa) in relation to section 22A(3)(a) above, the date of the
coming into force of that section; or.

(5) The Criminal Attempts Act 1981 is amended as follows—

(a) 5in section 1 (attempting to commit an offence) after subsection (4) there
is inserted—

(5) This section also applies to low-value shoplifting (which is
defined in, and is triable only summarily by virtue of, section
22A of the Magistrates’ Courts Act 1980).;

(b) 10in section 4 (trial and penalties) in paragraph (c) of subsection (1), after
“either way,” there is inserted “or is low-value shoplifting (which is
defined in, and is triable only summarily by virtue of, section 22A of the
Magistrates’ Courts Act 1980),”.

(6) The amendments made by this section have effect in relation to—

(a) 15low-value shoplifting (which is defined in section 22A(3) of the 1980
Act) committed on or after the day on which this section comes into
force, and

(b) low-value shoplifting committed before that day in respect of which
proceedings have not yet been instituted.

145 20Protection arrangements for persons at risk

(1) The Serious Organised Crime and Police Act 2005 is amended as follows.

(2) In section 82 (protection of persons involved in investigations or
proceedings)—

(a) in the heading, for “of persons involved in investigations or
25proceedings” there is substituted “arrangements for persons at risk”;

(b) in subsection (1), for the words from “a person” to “United Kingdom”
there is substituted “any person if he reasonably believes that the
person’s safety is at risk in view of the criminal conduct or possible
criminal conduct of another person”;

(c) 30after subsection (5) there is inserted—

(5A) In subsection (1), “criminal conduct” means conduct which
constitutes an offence in England and Wales or Scotland, or
would do if it occurred there.

(5B) Nothing in this section prevents a protection provider from
35making arrangements under this section for the protection of a
person where non-statutory arrangements have already been
made in respect of that person.;

(d) subsection (6) is repealed.

(3) Sections 91 and 92 are repealed.

(4) 40In section 93, paragraph (b) of subsection (1) and the word “or” before it are
repealed.

(5) In section 172, paragraph (e) of subsection (5) is repealed.

(6) Schedule 5 is repealed.

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(7) Nothing in this section affects arrangements made before the commencement
of this section for the purpose of protecting a person under section 82(1) of the
2005 Act.

146 Surcharges: imprisonment in default and remission of fines

(1) 5In section 82 of the Magistrates’ Courts Act 1980 (restriction on power to
impose imprisonment for default), after subsection (1) there is inserted—

(1A) Subsection (1)(c) above does not apply in relation to a surcharge
ordered to be paid under section 161A of the Criminal Justice Act 2003.

(2) In section 85 of that Act (power to remit fine), after subsection (3) there is
10inserted—

(3A) Where—

(a) the court remits the whole or part of the fine, and

(b) the offender was ordered under section 161A of the Criminal
Justice Act 2003 to pay a surcharge the amount of which was set
15by reference to the amount of the fine,

the court shall determine how much the surcharge would have been if
the fine had not included the amount remitted, and remit the balance of
the surcharge.

(3) In section 165 of the Criminal Justice Act 2003 (remission of fines), after
20subsection (4) there is inserted—

(5) Where—

(a) under this section the court remits the whole or part of a fine,
and

(b) the offender was ordered under section 161A to pay a surcharge
25the amount of which was set by reference to the amount of the
fine,

the court must determine how much the surcharge would have been if
the fine had not included the amount remitted, and remit the balance of
the surcharge.

(4) 30Subsections (2) and (3) apply in any case where the fine, or part of it, is remitted
on or after the day on which this section comes into force.

147 Court and tribunal fees

(1) The Lord Chancellor may by regulations make provision in connection with
court and tribunal fees.

(2) 35The regulations may not make provision that would be within the legislative
competence of—

(a) the Scottish Parliament, if it were contained in an Act of the Scottish
Parliament, or

(b) the Northern Ireland Assembly, if it were contained in an Act of the
40Northern Ireland Assembly.

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Part 13 General

148 Amendments

(1) Schedule 8 (minor and consequential amendments) has effect.

(2) 5The Secretary of State may by order make consequential amendments to
provisions contained in or made under any Act.

“Consequential amendments” here means amendments that are consequential
on any provision of this Act, other than the provisions listed in subsection (3)
as they apply in Wales.

10“Consequential amendments” here means amendments that are consequential
on any provision of this Act, other than the provisions listed in subsection (3)
as they apply in Wales.

(3) The Welsh Ministers may by order make consequential amendments to
provisions contained in or made under any Act or any Measure or Act of the
15National Assembly for Wales.

“Consequential amendments” here means amendments that are consequential
on any of the following provisions as they apply in Wales—

“Consequential amendments” here means amendments that are consequential
on any of the following provisions as they apply in Wales—

(a) 20sections 86 to 90;

(b) section 92;

(c) paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 46(4) and 47 of
Schedule 8.

149 Orders and regulations

(1) 25A power under this Act to make an order or regulations is exercisable by
statutory instrument.

(2) A statutory instrument containing—

(a) regulations under section 147, or

(b) an order under section 148(2) that amends an Act,

30may 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.

(3) A statutory instrument containing an order under section 148(3) that amends
an Act or a Measure or Act of the National Assembly for Wales may not be
made unless a draft of the instrument has been laid before and approved by a
35resolution of the National Assembly for Wales.

(4) A statutory instrument containing—

(a) an order under this Act made by the Secretary of State, other than an
order within subsection (2)(b) or an order under section 152, or

(b) regulations under this Act made by the Secretary of State,

40is subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) A statutory instrument containing—

(a) an order under this Act made by the Welsh Ministers, other than an
order within subsection (3) or an order under section 152, or

(b) 45regulations under this Act made by the Welsh Ministers,

is subject to annulment in pursuance of a resolution of the National Assembly
for Wales.