Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]


 
 

65

 
 

(4)    

If—

 

(a)    

the High Court appeal is dismissed,

 

(b)    

immediately after dismissing it, the High Court is

 

informed of an intention to bring an appeal to the

 

Supreme Court against a determination of a relevant

 

devolution issue (“the Supreme Court appeal”), and

 

(c)    

the remand order has remained in force until that time,

 

    

then, subject to subsection (6), the remand order continues to

 

remain in force while the Supreme Court appeal is pending.

 

(5)    

The Supreme Court appeal ceases to be pending at the earliest of

 

these times—

 

(a)    

the end of the period of 28 days starting with the day

 

when the High Court appeal is dismissed (unless, within

 

that period, an application is made to the High Court for

 

permission to make the Supreme Court appeal);

 

(b)    

the end of the period of 28 days starting with the day

 

when the High Court refuses permission to make the

 

Supreme Court appeal (unless, within that period, an

 

application is made to the Supreme Court for permission

 

to make the Supreme Court appeal);

 

(c)    

the end of the period of 28 days starting with the day on

 

which permission is given to bring the Supreme Court

 

appeal (unless the appeal is brought within that period);

 

(d)    

the time when the proceedings on the Supreme Court

 

appeal are abandoned;

 

(e)    

the time when there is no further step that can be taken in

 

relation to the Supreme Court appeal by the category 2

 

territory (ignoring any power of a court to grant leave to

 

take a step out of time).

 

(6)    

If the person is remanded in custody under section 92(4), the

 

appropriate judge may later grant bail.

 

(7)    

In this section “relevant devolution issue” means a devolution

 

issue relating to the person’s extradition.

 

(8)    

This section applies only to Scotland.”

 

25         

After section 115A insert—

 

“115B

Detention pending conclusion of appeals relating to devolution

 

issues

 

(1)    

This section applies if—

 

(a)    

on an appeal under section 103 or 108 the High Court

 

orders the person’s discharge;

 

(b)    

immediately after ordering the person’s discharge, the

 

High Court is informed of an intention to bring an appeal

 

to the Supreme Court against a determination of a

 

relevant devolution issue (“the Supreme Court appeal”).

 

(2)    

The High Court must remand the person in custody or on bail

 

while the Supreme Court appeal is pending.

 
 

 
 

66

 
 

(3)    

If the court remands the person in custody it may later grant bail.

 

(4)    

The Supreme Court appeal ceases to be pending at the earliest of

 

these times—

 

(a)    

the end of the period of 28 days starting with the day

 

when the High Court orders the person’s discharge

 

(unless, within that period, an application is made to the

 

High Court for permission to make the Supreme Court

 

appeal);

 

(b)    

the end of the period of 28 days starting with the day

 

when the High Court refuses permission to make the

 

Supreme Court appeal (unless, within that period, an

 

application is made to the Supreme Court for permission

 

to make the Supreme Court appeal);

 

(c)    

the end of the period of 28 days starting with the day on

 

which permission is given to bring the Supreme Court

 

appeal (unless the appeal is brought within that period);

 

(d)    

the time when the proceedings on the Supreme Court

 

appeal are abandoned;

 

(e)    

the time when there is no further step that can be taken in

 

relation to the Supreme Court appeal (ignoring any

 

power of a court to grant leave to take a step out of time).

 

(5)    

In this section “relevant devolution issue” means a devolution

 

issue relating to the person’s extradition.

 

(6)    

This section applies only to Scotland.”

 

26         

In section 116 (appeals: general), at the beginning insert “(1)” and at the

 

end insert—

 

“(2)    

Subsection (1) does not prevent an appeal against a

 

determination of a devolution issue.

 

(3)    

In this Part “devolution issue” has the same meaning as in

 

Schedule 6 to the Scotland Act 1998.”

 

27  (1)  

In section 118 (extradition following appeal), for subsection (8)

 

substitute—

 

“(8)    

The preceding provisions of this section do not apply to

 

Scotland.”

 

      (2)  

After that section insert—

 

“118A

Extradition following appeal: Scotland

 

(1)    

This section applies if—

 

(a)    

there is an appeal to the High Court under section 103,

 

108 or 110 against a decision or order relating to a

 

person’s extradition to a category 2 territory, and

 

(b)    

the effect of the decision in the relevant proceedings is

 

that the person must be extradited to the category 2

 

territory.

 

(2)    

The “relevant proceedings” are—

 
 

 
 

67

 
 

(a)    

the proceedings on the appeal under section 103, 108 or

 

110 if—

 

(i)    

no Supreme Court devolution appeal is made, or

 

(ii)    

a Supreme Court devolution appeal is made and

 

the Supreme Court remits the case to the High

 

Court, or

 

(b)    

the proceedings on a Supreme Court devolution appeal if

 

such an appeal is made and the Supreme Court does not

 

remit the case to the High Court.

 

(3)    

The person must be extradited to the category 2 territory before

 

the end of the required period, which is 28 days starting with—

 

(a)    

the day on which the decision in the relevant proceedings

 

becomes final, or

 

(b)    

the day on which the relevant proceedings are

 

abandoned.

 

(4)    

In a case where the relevant proceedings are proceedings on the

 

appeal under section 103, 108 or 110 (except the case has been

 

remitted to the High Court on a Supreme Court devolution

 

appeal), the decision in those proceedings becomes final—

 

(a)    

at the end of the period of 28 days starting with the day of

 

the High Court’s decision on the appeal (unless, within

 

that period, an application is made to the High Court for

 

permission to make a Supreme Court devolution appeal);

 

(b)    

at the end of the period of 28 days starting with the day

 

when the High Court refuses permission to make a

 

Supreme Court devolution appeal (unless, within that

 

period, an application is made to the Supreme Court for

 

permission to make the appeal);

 

(c)    

when the Supreme Court refuses permission to make a

 

Supreme Court devolution appeal;

 

(d)    

at the end of the permitted period, which is 28 days

 

starting with the day on which permission to make a

 

Supreme Court devolution appeal is granted, if no such

 

appeal is brought before the end of that period.

 

(5)    

These must be ignored for the purposes of subsection (4)—

 

(a)    

any power of a court to extend the period permitted for

 

applying for permission to appeal;

 

(b)    

any power of a court to grant permission to take a step out

 

of time.

 

(6)    

In a case where—

 

(a)    

the relevant proceedings are proceedings on the appeal

 

under section 103, 108 or 110, and

 

(b)    

the case has been remitted to the High Court on a

 

Supreme Court devolution appeal,

 

    

the decision in those proceedings becomes final when it is made.

 

(7)    

In a case where—

 

(a)    

the relevant proceedings are proceedings on a Supreme

 

Court devolution appeal, and

 
 

 
 

68

 
 

(b)    

the decision is not to remit the case to the High Court,

 

    

the decision in those proceedings becomes final when it is made.

 

(8)    

If subsection (3) is not complied with and the person applies to

 

the appropriate judge to be discharged, the judge must order the

 

person’s discharge, unless reasonable cause is shown for the

 

delay.

 

(9)    

In this section “Supreme Court devolution appeal” means an

 

appeal to the Supreme Court against a determination of a

 

devolution issue relating to a person’s extradition.

 

(10)    

This section applies only  to Scotland.”

 

28         

After section 118A (inserted by paragraph 27) insert—

 

“118B

Scottish devolution issue: remand in custody or on bail

 

(1)    

This section applies where, on an appeal to the Supreme Court

 

against a determination of a devolution issue relating to a

 

person’s extradition under this Part, the Supreme Court—

 

(a)    

remits the case to the High Court, or

 

(b)    

orders the person’s extradition.

 

(2)    

The Supreme Court must remand the person in custody or on

 

bail pending the person’s extradition.

 

(3)    

If the Supreme Court remands the person in custody, the High

 

Court may later grant bail.”

 

Saving

 

29         

The powers conferred by section 177, 178 and 222 of the Extradition Act

 

2003 are exercisable in relation to any amendment of that Act made by

 

this Part of this Schedule.”

Schedule 19

137

Page 298, line 26, leave out “2” and insert “(Modification of NCA functions)”

After Schedule 19

138

Insert the following new Schedule—

 

“The NCA: Northern Ireland

 

Provisions that do not extend to Northern Ireland

 

1    (1)  

The relevant NCA provisions do not extend to Northern Ireland.

 

      (2)  

The Secretary of State may, by order, provide that any other provision of

 

Part 1 of this Act is not to extend to Northern Ireland.

 

      (3)  

This paragraph is subject to paragraph 2.

 
 

 
 

69

 
 

Power to provide for provisions to extend to Northern Ireland

 

2          

The Secretary of State may, by order, provide for any of the following to

 

extend to Northern Ireland—

 

(a)    

any relevant NCA provision;

 

(b)    

any provision in respect of which an order has been made under

 

paragraph 1(2).

 

Provisions extended to Northern Ireland: consequential provision

 

3          

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate in consequence of, or in

 

connection with, a provision of this Act extending to Northern Ireland

 

by virtue of an order under paragraph 2.

 

Provisions not extending to Northern Ireland: consequential provision

 

4          

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate in consequence of, or in

 

connection with, a provision of this Act not extending to Northern

 

Ireland by virtue of—

 

(a)    

paragraph 1(1), or

 

(b)    

an order under paragraph 1(2).

 

NCA functions in Northern Ireland

 

5          

The Secretary of State may, by order, make such provision as the

 

Secretary of State considers appropriate for modifying the ways in

 

which—

 

(a)    

NCA functions are exercised in Northern Ireland, or

 

(b)    

the exercise of NCA functions in Northern Ireland is planned or

 

supervised.

 

Consent of Northern Ireland Assembly to transferred provision

 

6    (1)  

The Secretary of State may not make an order under this Schedule which

 

makes transferred provision unless the Northern Ireland Assembly

 

consents to the making of that provision.

 

      (2)  

In this paragraph “transferred provision” means provision which, if it

 

were contained in an Act of the Northern Ireland Assembly—

 

(a)    

would be within the legislative competence of the Assembly, and

 

(b)    

would deal with a transferred matter without being ancillary to

 

other provision (whether in the Act or previously enacted) which

 

deals with an excepted matter or reserved matter.

 

Orders under this Schedule: particular provision

 

7    (1)  

The provision that may be made by an order under paragraph 2, 3, 4 or

 

5 (whether by virtue of that paragraph or section 39(12)) includes—

 

(a)    

provision conferring, removing or otherwise modifying a

 

function (whether or not exercisable in, or in relation to,

 

Northern Ireland);

 
 

 
 

70

 
 

(b)    

provision amending, repealing, revoking or otherwise

 

modifying any enactment (including an enactment contained in,

 

or amended by, this Act).

 

      (2)  

The making of an order under any provision of this Schedule does not

 

prevent—

 

(a)    

a further order from being made under that provision, or

 

(b)    

an order from being made under any other provision of this

 

Schedule.

 

      (3)  

An order under paragraph 2 or 3 may modify or reverse the effects of an

 

order made under paragraph 4.

 

      (4)  

Sub-paragraphs (1) to (3) do not limit the powers conferred by

 

paragraphs 2, 3, 4 and 5.

 

      (5)  

In this paragraph “function” includes—

 

(a)    

an NCA function, and

 

(b)    

a function of the Secretary of State.

 

Interpretation

 

8          

Expressions used in this Schedule and in Part 1 of this Act have the same

 

meanings in this Schedule as in that Part.

 

9          

For the purposes of this Schedule, each of the provisions of this Act

 

specified in the following table (including any amendment, repeal or

 

revocation made by such a provision) is a “relevant NCA provision”.

 

The relevant NCA provisions

 
 

Section 2

—subsection (2)(a) so far as it requires consultation

 
  

with the Department of Justice in Northern Ireland

 
 

Section 3

—subsection (6)(a) so far as it requires consultation

 
  

with the Department of Justice in Northern Ireland

 
  

—subsection (7)(b)

 
  

—subsection (8)(c)

 
 

Section 10

—subsection (8)

 
 

Schedule 1

—paragraph 7(1)(b)

 
  

—paragraph 8(3)(b)

 
 

Schedule 2

—paragraph 5(b)

 
  

—paragraph 6(2)(b)(ii), (4) and (5)

 
  

—paragraph 8(4) and (5)

 
 

Schedule 3

—paragraph 1(2) so far as it imposes a duty on:

 
  

  (a) a member of the Police Service of Northern

 
  

Ireland,

 
  

  or

 
  

  (b) a person operating in Northern Ireland who

 
  

falls

 
  

  within paragraph 1(3)(f)

 
  

—paragraph 3 so far as it relates to the Chief

 
  

Constable of the Police Service of Northern Ireland

 
  

—paragraph 14

 
  

—paragraph 15

 
  

—paragraph 25

 
  

—paragraph 26(3)(b)

 
 

Schedule 5

—paragraph 11(1)(c)

 
  

—paragraph 11(6) to (8)

 
  

—in paragraph 11(9), the definitions of “Northern

 
  

Ireland general authorisation” and “Northern Ireland

 
  

operational authorisation”

 
  

—paragraph 13

 
  

—in paragraph 30, the definition of “powers and

 
  

privileges of a Northern Ireland constable”

 
 

Schedule 6

—paragraph 19

 
 

Schedule 8

—the provisions of Part 2 and Part 3 so far as they

 
  

relate to transferred matters

 
 
 

 
 

71

 
 

10         

In this Schedule—

 

“ancillary” has the meaning given in section 6(3) of the Northern

 

Ireland Act 1998;

 

“excepted matter”, “reserved matter” and “transferred matter” have

 

the meanings given by section 4(1) of the Northern Ireland Act

 

1998.”

139

Insert the following new Schedule—

 

“Proceeds of crime provisions: Northern Ireland

 

Part 1

 

Civil recovery provisions

 

Meaning of “relevant civil recovery provision”

 

1          

For the purposes of this Part of this Schedule, each of the following is a

 

“relevant civil recovery provision”—

 

(a)    

section (Civil recovery of the proceeds etc of unlawful conduct)(2), (3),

 

(5) and (6);

 

(b)    

section (Civil recovery of the proceeds etc of unlawful conduct)(7) so

 

far as it relates to amendments made by section (Civil recovery of

 

the proceeds etc of unlawful conduct)(2), (3) and (5) and Part 2 of

 
 

 
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Revised 20 March 2013