Session 2013 - 14
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Other Bills before Parliament


 
 

297

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 15 October 2013

 

Report Stage Proceedings

 

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


 

[Second Day]


 

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

 

Added  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

 

(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


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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

 

Added  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

 

Added  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

 

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


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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

 

Added  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

 

Added  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.

 

(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).


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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

 

Not called  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,

 

    

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.


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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

 

Not called  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;

 

(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—


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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

 

Not called  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.

 

(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.


 
 

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Anti-social Behaviour, Crime and Policing Bill, continued

 
 

(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

 

Not called  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.

 

(4B)    

The judge must decide the question in subsection (4A) on the balance of

 

probabilities, but if he considers there is a reasonable doubt as to that

 

question, he may not decide it in the affirmative unless he has first

 

requested the issuing authority to provide further information within the

 

time specified in the request (which must not be less than a reasonable

 

time in all the circumstances) and the issuing authority has provided him

 

with the information requested within that time.


 
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