Anti-social Behaviour, Crime and Policing Bill

Page 1, line 8, after “conduct” insert “that might reasonably be regarded as”

Lord Faulks gives notice of his intention to oppose the Question that Clause 91 stand part
of the Bill.

Page 77, leave out lines 35 to 38

Page 77, line 39, leave out from beginning to end of line 2 on page 78

Page 78, line 39, at end insert—

“( )   It shall be a duty on the Secretary of State to prepare and publish guidance
about the effect of this section before it comes into force to such
descriptions of persons as the Secretary of State considers appropriate.

( )   A person exercising public functions to whom guidance is given under this
section must have regard to it in the exercise of those functions.”

Page 78, line 44, leave out from “violence, threats or any other form of coercion”
and insert “coercion by means including violence and threats or other
psychological means”

Page 79, line 2, at end insert—

“( )   A person also commits an offence under the law of England and Wales if
he or she causes another person to enter into a marriage and that other
person lacks the capacity to consent to that marriage.”

Page 79, line 19, leave out “habitually”

Page 79, line 35, at end insert—

“( )   It shall be a duty on the Secretary of State to prepare and publish guidance
about the effect of this section before it comes into force to such
descriptions of persons as the Secretary of State considers appropriate.

( )   A person exercising public functions to whom guidance is given under this
section must have regard to it in the exercise of those functions.”

Insert the following new Clause—

“Religious marriage: misleading parties as to the effect

In Section 75 of the Marriage Act 1949 (offences relating to solemnisation of
marriages), after subsection (2)(e) there is inserted—

“(f)   solemnises a marriage according to the rites of any religion or belief
between two persons by virtue of which either or both persons
believe themselves to be legally married (it not being a marriage
solemnised or purporting to be solemnised in pursuance of section
26, 26A or 26B of this Act).””

Page 104, line 20, leave out “prosecution decision” and insert “decision to try”

Page 104, line 24, leave out “prosecution decision” and insert “decision to try”

Page 104, line 28, leave out “have not made a decision to charge or”

Page 104, line 32, at end insert “, and the category 1 territory’s unreasonable refusal
to consent to a request for a temporary transfer under subsection (3) of section 21B
is not the sole reason for that failure”

Page 104, line 36, leave out “a decision to charge and”

Page 104, line 37, leave out from beginning to “the” in line 38

Page 104, line 40, at end insert “, and the person’s presence in order to enable either
decision to be made could not be arranged by video-link, subject to appropriate
safeguards to ensure respect for the requested person’s rights of defence, or

(iii)   in a case where one of those decisions has not been made (or
neither of them has been made), the unreasonable refusal of
the category 1 territory to consent to a request for a
temporary transfer under subsection (3) of section 21B is not
the sole reason for that failure”

Page 104, line 40, at end insert—

“(2)   In order to assess whether there are “reasonable grounds” within
the meaning of subsection (1)(a), the judge shall have regard to—

(a)   the statement contained in the Part 1 warrant; and

(b)   any other relevant evidence, including external evidence
regarding the state of the proceedings and the past record of
the Part 1 territory.”

Page 104, line 41, leave out ““to charge and”

Page 104, line 42, leave out “mean” and insert “means”

Page 105, leave out lines 1 and 2

Page 105, line 23, leave out from “proportionality” to end of line 24

Page 105, line 30, leave out “possibility of the relevant foreign authorities taking”
and insert “availability, to the relevant foreign authorities, of”

Page 105, line 31, at end insert—

“(d)   the likely consequences of extradition for the suspect and
their family;

(e)   the passage of time since the conduct of alleged to constitute
the extradition offence;

(f)   the costs of extradition for the United Kingdom;

(g)   the likely duration and cost of the proceedings in the
category 1 territory;

(h)   the public interest in the extradition; and

(i)   any other matter which the judge considers to be relevant.”

Page 105, line 31, at end insert—

“(4)   If the judge decides that the relevant foreign authorities have
available to them other measures which would be less coercive than
the extradition of D, the judge shall conclude that extradition would
be disproportionate.”

Page 106, line 3, after “means” insert “all”

Page 106, line 5, after “ahead” insert “and not only the judicial authority which
issued the Part 1 warrant”

Insert the following new Clause—

“Person unlawfully at large: human rights and proportionality

(1)   For section 21 of the Extradition Act 2003 there is substituted—

“21 Person unlawfully at large: human rights proportionality

(1)   If the judge is required to proceed under this section (by virtue of
section 20), the judge must decide both of the following questions
in respect of the extradition of the person (“D”)—

(a)   whether the extradition would be compatible with the
Convention rights within the meaning of the Human Rights
Act 1998; and

(b)   whether the extradition would be disproportionate.

(2)   In deciding whether the extradition would be disproportionate, the
judge must take into account the specified matters relating to
proportionality.

(3)   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.

(4)   The judge must order D’s discharge if the judge makes one or both
of these decisions—

(a)   that the extradition would not be compatible with the
Convention rights;

(b)   that the extradition would be disproportionate.

(5)   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.

(6)   If the judge makes an order under subsection (5), he must remand
the person in custody or on bail to wait for extradition to the
category 1 territory.

(7)   If the person is remanded in custody, the appropriate judge may
later grant bail.”

(2)   In deciding any question whether section 21 of the Extradition Act 2003 is
compatible with European Union law, regard must be had, in particular, to
Article 1(3) of the framework decision of the Council of the European
Union made on 13 June 2002 on the European arrest warrant and the
surrender procedures between Member States (2002/584/JHA) (which
provides that that decision shall not have the effect of modifying the
obligation to respect fundamental rights and fundamental legal principles
as enshrined in Article 6 of the Treaty on European Union).”

Page 107, line 26, at end insert “(which must include a specific timeframe within
which the person must be returned to the United Kingdom)”

Page 107, line 29, at end insert—

“( )   However, the judge must not make any order under subsection (5)
if the Part 1 territory has not provided assurances, which the judge
considers satisfactory, that the person will be returned to the United
Kingdom within the period specified in the judge’s order made
under subsection (5).”

Page 107, line 33, after “withdrawn)” insert “, unless new circumstances arising
since that consent was given justify it”

Page 107, line 37, after “withdrawn)” insert “, unless new circumstances arising
since that consent was given justify it”

Page 107, line 44, at end insert—

“(10)   If the requested person makes a request under subsection (3), and
the Part 1 territory unreasonably refuses to consent that request, the
judge shall consider that there are less coercive measures available
for the purposes of section 21A of this Act.

(11)   If the Part 1 territory refuses to provide the assurance required
under subsection (6), the judge shall consider that there are less
coercive measures available for the purposes of section 21A of this
Act.”

Page 108, line 1, leave out paragraphs (a) and (b)

Page 108, leave out lines 6 to 10 and insert—

“( )   Where a person gives notice of appeal after the end of the permitted
period, the High Court may nevertheless entertain that appeal if it
is in the interests of justice to do so.”

Page 108, line 11, leave out subsection (2)

Page 108, leave out lines 23 to 27 and insert—

“( )   Where a person gives notice of appeal after the end of the permitted
period, the High Court may nevertheless entertain that appeal if it
is in the interests of justice to do so.”

Page 108, leave out lines 41 to 46 and insert—

“( )   Where a person gives notice of appeal after the end of the permitted
period, the High Court may nevertheless entertain that appeal if it
is in the interests of justice to do so.”

Page 121, line 24, leave out “the person was innocent of the offence” and insert “no
reasonable court properly as to the law, could convict on the evidence now to be
considered”

Baroness Kennedy of The Shaws gives notice of her intention to oppose the Question that
Clause 151 stand part of the Bill.

Page 122, line 11, leave out “£200” and insert “£100”

Page 122, line 17, at end insert—

“( )   the person accused has not received a simple caution,
conditional caution or penalty notice for disorder for a
previous shoplifting offence.”