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Lords amendments to the Anti-social Behaviour, Crime and Policing Bill


 
 

23

 
 

“(2A)    

The condition is that—

 

(a)    

the person has been convicted of an extradition offence by a

 

court in the United Kingdom,

 

(b)    

his extradition is sought for the purpose of his being

 

sentenced for the offence or of his serving a sentence of

 

imprisonment or another form of detention imposed in

 

respect of the offence, and

 

(c)    

either a domestic warrant has been issued in respect of the

 

person or the person may be arrested without a warrant.””

108

Insert the following new Clause—

 

“Detention of extradited person for trial in England and Wales for other

 

offences

 

(1)    

In sections 150 and 151A of the Extradition Act 2003 (dealing with

 

extradited person for other offences), at the end of subsection (2) there is

 

inserted—

 

    

“This is subject to section 151B.”

 

(2)    

After section 151A of that Act there is inserted—

 

“151B

  Detention of person for trial in England and Wales for other

 

offences

 

(1)    

Section 150 or 151A does not prevent a person in whose case that

 

section applies from being detained with a view to trial in England

 

and Wales for an offence if the conditions in subsection (2) are

 

satisfied.

 

(2)    

The conditions are that—

 

(a)    

the United Kingdom and the territory from which the

 

person was extradited have each made a declaration under

 

Article 14(3) of the Extradition Convention, and the

 

declarations are still in force;

 

(b)    

the Secretary of State makes a request for the consent

 

referred to in section 150(3)(c) or 151A(3)(c) in respect of the

 

offence (“the consent request”);

 

(c)    

the Secretary of State gives notification, which is explicitly

 

acknowledged on behalf of the territory, of the date on

 

which the detention is to begin (“the notified date”).

 

(3)    

The Extradition Convention is the European Convention on

 

Extradition done at Paris on 13 December 1957.

 

(4)    

This section applies only to detention during the period beginning

 

with the notified date and ending with whichever of the following

 

occurs first—

 

(a)    

if a notification of opposition to the detention is given on

 

behalf of the territory, the date on which Secretary of State

 

receives it;

 

(b)    

the date on which the Secretary of State receives notification

 

given on behalf of the territory as to whether the consent

 

request is granted or refused;

 

(c)    

the expiry of the period of 90 days beginning with the date

 

on which the consent request is received.””


 
 

24

 

After Clause 148

109

Insert the following new Clause—

 

“Electronic transmission of European arrest warrant etc

 

In section 204 of the Extradition Act 2003 (warrant issued by category 1

 

territory: transmission by electronic means), in subsection (5)—

 

(a)    

for “subsection (1), a” there is substituted “subsection (1)—

 

(a)    

a”;

 

(b)    

at the end there is inserted—

 

“(b)    

information contained in the warrant is treated as

 

being received by the designated authority in a form

 

in which it is intelligible if the authority receives—

 

(i)    

a summary of that information in English,

 

and

 

(ii)    

the text of the warrant itself,

 

    

in a form in which it is legible.”

After Clause 149

110

Insert the following new Clause—

 

“Discount on sentence for time spent in custody awaiting extradition: Scotland

 

(1)    

Section 210 of the Criminal Procedure (Scotland) Act 1995 (consideration of

 

time spent in custody) is amended as follows.

 

(2)    

In subsection (1)—

 

(a)    

in paragraph (a), after “United Kingdom” there is inserted

 

“otherwise than from a category 1 territory”;

 

(b)    

in paragraph (c)(ii), for “for the purposes of this section” there is

 

substituted “who was extradited to the United Kingdom otherwise

 

than from a category 1 territory”.

 

(3)    

After subsection (1) there is inserted—

 

“(1A)    

Subsection (1B) applies where—

 

(a)    

a court is passing a sentence of imprisonment or detention

 

on a person for an offence, and

 

(b)    

the person is an extradited prisoner who was extradited to

 

the United Kingdom from a category 1 territory.

 

(1B)    

The court shall specify—

 

(a)    

the period of time spent in custody awaiting extradition,

 

and

 

(b)    

the date of commencement of the sentence in accordance

 

with subsection (1C).

 

(1C)    

The date of commencement of the sentence is to be a date the

 

relevant number of days earlier than the date the sentence would

 

have commenced had the person not spent time in custody

 

awaiting extradition.

 

(1D)    

In subsection (1C), “the relevant number of days” means the

 

number of days in the period specified under subsection (1B)(a).”


 
 

25

 
 

(4)    

After subsection (2) there is inserted—

 

“(2A)    

In this section, “category 1 territory” means a territory designated

 

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

 

Act.”

 

(5)    

Subsection (3) is repealed.”

111

Insert the following new Clause—

 

“Discount on sentence for time spent in custody awaiting extradition: Northern

 

Ireland

 

(1)    

In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of

 

persons unlawfully at large), for subsection (3) there is substituted—

 

“(3)    

The provisions of subsection (2) shall not apply to any period

 

during which any such person—

 

(a)    

is detained in pursuance of any other sentence of any court

 

in the United Kingdom in a prison or other institution, or

 

(b)    

is kept in custody in a category 1 territory before, and only

 

for the purpose of, being extradited to the United Kingdom

 

to serve the term of imprisonment or detention referred to

 

in that subsection,

 

    

but shall apply in addition to any other provisions of this Act

 

imposing any punishment for an escape.

 

(3A)    

In subsection (3) “category 1 territory” means a territory designated

 

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

 

Act.”

 

(2)    

In section 26 of the Treatment of Offenders Act (Northern Ireland) 1968

 

(duration of sentence), at the end of subsection (2A) there is inserted “; or

 

(c)    

any period during which he was in custody in a category 1

 

territory with a view to his being extradited to the United

 

Kingdom to be tried or sentenced for that offence (and not

 

for any other reason).

 

    

In paragraph (c) “category 1 territory” means a territory designated

 

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

 

Act.””

Clause 151

112

Page 121, line 23, leave out from “shows” to “(and” in line 24 and insert

 

“conclusively that the evidence against the person at trial is so undermined that no

 

conviction could possibly be based on it”

After Clause 152

113

Insert the following new Clause—

 

“Abolition of defence of marital coercion

 

(1)    

The defence of marital coercion is abolished.

 

(2)    

Accordingly, section 47 of the Criminal Justice Act 1925 (coercion of

 

married woman by husband) is repealed.


 
 

26

 
 

(3)    

This section does not have effect in respect of an offence alleged to have

 

been committed before the date on which it comes into force.”

Clause 155

114

Page 125, line 24, leave out “for the first time”

115

Page 125, line 27, at end insert—

 

“(8)    

But subsection (7) does not apply if the statutory instrument only adjusts a

 

fee to reflect changes in the value of money.”

Clause 156

116

Page 125, line 36, at end insert—

 

“(2A)    

The Secretary of State may by order make amendments to sections 136 and

 

142 of the Sexual Offences Act 2003 that are consequential on the coming

 

into force of any amendment of Part 2 of that Act made by the Criminal

 

Justice Act (Northern Ireland) 2013.”

117

Page 125, line 42, at end insert “and Schedule 3”

Clause 157

118

Page 126, line 5, leave out “containing an” and insert “containing—

 

( )    

an order under section 4(5),

 

( )    

an order under section 50(4),

 

( )    

regulations under section (Information about guests at hotels believed

 

to be used for child sexual exploitation)(5)(b), or

 

( )    

an”

119

Page 126, line 14, after “section” insert “156(2A) or”

Clause 159

120

Page 126, line 40, at end insert—

 

“( )    

sections (Information about guests at hotels believed to be used for child

 

sexual exploitation) to (Offences);”

121

Page 126, line 41, leave out “section” and insert “sections (Power to take further

 

fingerprints or non-intimate samples), (Power to retain fingerprints or DNA profile in

 

connection with different offence) and”

122

Page 126, line 42, leave out “135” and insert “(Powers of community support officers)

 

and Schedule (Powers of community support officers)”

123

Page 126, line 42, at end insert—

 

“( )    

sections (Use of amplified noise equipment in vicinity of the Palace of

 

Westminster) and (Littering from vehicles);”

124

Page 126, line 43, after “sections” insert “(Detention of person for trial in England and

 

Wales for other offences),”

125

Page 126, line 44, at end insert—

 

“( )    

section (Abolition of defence of marital coercion);”

126

Page 127, line 5, leave out “, 101” and insert “to (Possession of firearms by persons


 
 

27

 
 

previously convicted of crime)”

127

Page 127, line 9, at end insert—

 

“( )    

section (Use of premises for child sex offences) and Schedule

 

(Amendments of Part 2A of the Sexual Offences Act 2003);”

128

Page 127, line 20, at end insert—

 

“( )    

section (Jurisdiction of Investigatory Powers Tribunal over Surveillance

 

Commissioners);”

129

Page 127, line 21, after “sections” insert “(Detention of person for trial in England and

 

Wales for other offences) and”

130

Page 127, line 21, leave out “and” and insert “to”

131

Page 127, line 23, leave out “Section 109 extends” and insert “Sections 109 and

 

(Discount on sentence for time spent in custody awaiting extradition: Scotland) extend”

132

Page 127, line 24, leave out “Section 120 extends” and insert “Sections 120 and

 

(Discount on sentence for time spent in custody awaiting extradition: Northern Ireland)

 

extend”

Clause 160

133

Page 127, line 40, leave out subsection (2)

134

Page 127, line 42, after “sections” insert “(Jurisdiction of Investigatory Powers Tribunal

 

over Surveillance Commissioners),”

135

Page 128, line 1, leave out “section 134, which comes” and insert “sections 134 and

 

(Abolition of defence of marital coercion), which come”

136

Page 128, line 8, at end insert “and Schedule 3”

137

Page 128, line 11, at end insert—

 

“( )    

Different days may be appointed under subsection (1) or (4) for different

 

purposes or different areas.”

Schedule 2

138

Page 132, line 31, leave out paragraph (a)

Schedule 5

139

Page 147, line 32, leave out “this Schedule” and insert “paragraphs 2 to 6”

140

Page 149, line 7, leave out “whose commission area” and insert “acting for a local

 

justice area that”

141

Page 149, line 13, at end insert—

 

“( )    

Where the defendant is a child, a reference in this section to a

 

magistrates’ court is to be taken as referring to a youth court

 

(subject to any rules of court made under section 103K(1)).”

142

Page 153, line 7, at end insert—

 

“( )    

In subsection (5) “the public”, “sexual harm”, “child” and

 

“vulnerable adult” each has the meaning given in section

 

103B(1).”


 
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