Anti-social Behaviour, Crime and Policing Bill

revised
marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 5th November 2013, as follows—

Clause 104
Schedule 5
Clauses 105 to 109
Clauses 151 to 154
Clauses 1 to 10
Schedule 1
Clause 11
Schedule 2
Clauses 12 to 86
Schedule 3
Clauses 87 to 96
Schedule 4
Clauses 97 to 103
Clauses 110 to 118
Schedule 6
Clauses 119 to 131
Schedule 7
Clause 132
Schedule 8
Clauses 133 to 150
Clauses 155 and 156
Schedule 9
Clauses 157 to 161

[Amendments marked * are new or have been altered]

Schedule 5

BARONESS THORNTON

BARONESS SMITH OF BASILDON

1

Page 151, line 28, at end insert—

“( )   Where a court makes a sexual harm prevention order in relation
to a “child” as defined in section 103B(1), the court must have
regard to safeguards in place to ensure the child receives the
support he or she needs, including an assessment of their
emotional, welfare and behavioural needs, therapeutic or
educational support.”

Clause 106

BARONESS HAMWEE

2

Page 77, line 17, after “may” insert “, following consultation with such persons as
she considers appropriate,”

Clause 107

BARONESS HAMWEE

3

Page 77, leave out lines 35 to 38

4

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

BARONESS THORNTON

BARONESS HUSSEIN-ECE

BARONESS SMITH OF BASILDON

5

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.”

Clause 108

BARONESS SCOTLAND OF ASTHAL

5A*

Page 78, line 41, leave out subsections (1) and (2) and insert—

“(1)   Where a person commits an offence under the law of England and Wales,
it shall be considered an aggravating feature 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, or

(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)   Where a person commits an offence under the law of England and Wales,
it shall be considered an aggravating feature if he or she—

(a)   practices 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 aggravating feature under subsection
(1), or would be an aggravating feature if that person were in
England and Wales.

(2A)   In subsections (1) and (2), “a person” refers to any individual who commits
an offence for the purpose of causing another person to enter into a
marriage.”

BARONESS HAMWEE

6

Page 78, line 43, leave out “violence, threats or any other form of coercion” and
insert “coercion by means including violence and threats or other psychological
means”

BARONESS THORNTON

BARONESS HUSSEIN-ECE

BARONESS SMITH OF BASILDON

7

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.”

BARONESS TONGE

LORD REA

8

Page 79, line 9, at end insert—

“( )   A person commits an offence under the law of England and Wales if he or
she—

(a)   is the parent or guardian of a child, and

(b)   gives consent for that child to marry before the age of 18.”

BARONESS SCOTLAND OF ASTHAL

8A*

Page 79, line 15, leave out subsection (5)

BARONESS HAMWEE

9

Page 79, line 19, leave out “habitually”

BARONESS SCOTLAND OF ASTHAL

9A*

Page 79, line 28, leave out subsections (7) and (8)

BARONESS THORNTON

BARONESS HUSSEIN-ECE

BARONESS SMITH OF BASILDON

10

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.”

BARONESS BERRIDGE

11

Page 79, line 35, at end insert—

“( )   If an offence has been committed under subsection (1) or (2) in relation to
any marriage (as defined in subsection (3) and whether conducted in
England and Wales or elsewhere), then that marriage shall be treated for
the purposes of the Matrimonial Causes Act 1973 as if the marriage was
valid but annulled on the date that the offender was first charged with the
offence.”

Clause 109

BARONESS SCOTLAND OF ASTHAL

11A*

Page 79, line 37, leave out subsections (1) and (2) and insert—

“(1)   Where a person commits an offence under the law of Scotland, it shall be
considered an aggravating feature 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, or

(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)   Where a person commits an offence under the law of Scotland, it shall be
considered an aggravating feature if he or she—

(a)   practices 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 aggravating feature under subsection
(1), or would be an aggravating feature if that person were in
Scotland.

(2A)   In subsections (1) and (2), “a person” refers to any individual who commits
an offence for the purpose of causing another person to enter into a
marriage.”

BARONESS TONGE

LORD REA

12

Page 80, line 3, at end insert—

“( )   A person commits an offence under the law of Scotland if he or she—

(a)   is the parent or guardian of a child, and

(b)   gives consent for that child to marry before the age of 18.”

BARONESS SCOTLAND OF ASTHAL

12A*

Page 80, line 9, leave out subsection (5)

12B*

Page 80, line 22, leave out subsection (7)

After Clause 109

BARONESS COX

13

Insert the following new Clause—

“Religious marriage: misleading parties as to the effect

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

“(f)   solemnizes 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 solemnized or purporting to be
solemnized in pursuance of section 26, 26A or 26B of this
Act).””

BARONESS MANZOOR

LORD LESTER OF HERNE HILL

BARONESS THORNTON

14

Insert the following new Clause—

“Report to Parliament

The Secretary of State shall report to Parliament annually on the
effectiveness of the criminalisation of forced marriage under Part 9 of this
Act.”

Clause 151

LORD BEECHAM

BARONESS SMITH OF BASILDON

BARONESS O’LOAN

15

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

BARONESS KENNEDY OF THE SHAWS

BARONESS O’LOAN

LORD PANNICK

BARONESS HAMWEE

 


The above-named Lords give notice of their intention to oppose the Question that
Clause 151 stand part of the Bill.

Clause 152

LORD BEECHAM

BARONESS SMITH OF BASILDON

16

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

17

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.”

After Clause 153

LORD RAMSBOTHAM

LORD TOUHIG

18

Insert the following new Clause—

“Protection arrangements for children and dependents

(1)   The Criminal Justice Act 2003 is amended as follows.

(2)   After section 174 (duty to give reasons for, and explain effect of, sentence)
there is inserted—

“174A           Duty to ask about children etc left behind

(1)   Any court passing a custodial sentence on an offender who was on
bail when awaiting sentence must ask what the arrangements are
for the care of any children of the offender or any vulnerable adult
who is dependent on the offender while the offender is in custody.

(2)   If the court considers the arrangements are not satisfactory the
court must make a referral to the relevant local authority social care
team.

(3)   Any person or body having statutory responsibilities for children
or vulnerable adults must co-operate with the court in securing that
arrangements are made for their safety in the circumstances to
which subsection (1) refers.”

(3)   The Bail Act 1976 is amended as follows.

(4)   In section 5 (supplementary provisions about decisions on bail), after
subsection (5), there is inserted—

“(5A)    Where a court withholds bail in criminal proceedings from a person
to whom section 4 of this Act applies, the court must ask what the
arrangements are for the care of any children of the defendant or
any vulnerable adult who is dependent on the defendant while the
defendant is on remand in custody.

(5B)   If the court considers the arrangements are not satisfactory the
court must make a referral to the relevant local authority social care
team.

(5C)   Any person having statutory responsibilities for children or
vulnerable adults must co-operate with the court in securing that
arrangements are made for their safety in the circumstances to
which subsection (5A) refers.”

(5)   This section shall come into force two months after enactment.”

LORD PANNICK

19

Insert the following new Clause—

“Marital coercion

The defence of marital coercion for a wife charged with an offence other
than treason or murder is hereby abolished.”

Clause 1

LORD FAULKS

20

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

Clause 3

LORD FLIGHT

21

Page 3, line 20, at end insert—

“(c)   the anti-social behaviour in which the respondent has engaged, or
threatens to engage, consists of intentional or deliberate anti-social
behaviour of a potentially persistent nature”

After Clause 20

LORD MARLESFORD

22

Insert the following new Clause—

“PART 1A

LITTERING FROM VEHICLES

Civil penalty for littering from vehicles

(1)   A littering contravention in relation to a vehicle occurs when a person
inside the vehicle acts in contravention of section 87 of the Environmental
Protection Act 1990 (offence of leaving litter).

(2)   A civil enforcement officer may impose a civil penalty if a littering
contravention under subsection (1) has taken place.

(3)   The registered keeper of the vehicle shall for the purposes of section 87 of
the Environmental Protection Act 1990 be treated as knowingly causing the
littering contravention whether or not he gave any instructions for this to
be done and shall be the recipient for a civil penalty under subsection (2).

(4)   A civil penalty is not payable under this section by the owner of a vehicle
if that vehicle is—

(a)   a public service vehicle, within the meaning of the Public Passenger
Vehicles Act 1981;

(b)   a hackney carriage licensed under the Town Police Clauses Act
1847 or the Metropolitan Public Carriage Act 1869;

(c)   a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976 (licensing of private hire
vehicles);

and the person acting in contravention under this section is a passenger in
that vehicle.

(5)   The amount of a civil penalty under subsection (2) is to be specified in
regulations.

(6)   The procedure for imposing a civil penalty on a person and for recovery of
costs is to be set out in regulations.

(7)   The regulations must, in particular, require the responsible authority to
give the person written notice specifying—

(a)   the amount of the penalty,

(b)   the reasons for imposing it, and

(c)   the date by which and manner in which it is to be paid.

(8)   Regulations may—

(a)   give a person on whom a civil penalty is imposed a right to appeal
against the decision to an adjudicator;

(b)   specify the grounds on which a person may request an appeal;

(c)   specify the time within which a person must request an appeal;

(d)   make provision for and in connection with the appointment of
adjudicators;

(e)   make further provision about appeals (including provision as to the
powers available on an appeal).

(9)   The registered keeper of the vehicle for the purposes of this section shall be
taken to be the person in whose name the vehicle was registered under the
Vehicle Excise and Registration Act 1994 at the time of the contravention.

(10)   A civil enforcement officer under this section must be—

(a)   an individual employed by the responsible authority, or

(b)   where the authority has made arrangements with any person for
the purposes of this section, an individual employed by that person
to act as a civil enforcement officer.

(11)   A vehicle for the purposes of this section is a motor vehicle as defined in
section 185(1) of the Road Traffic Act 1988.”

Clause 55

LORD GREAVES

23

Page 32, line 8, leave out “two” and insert “three”

24

Page 32, line 11, leave out “or” and insert “and”

25

Page 32, line 12, leave out “activities” and insert “some or all of the activities
referred to in paragraph (a)”

26

Page 32, line 12, leave out “a public place within that area” and insert “that public
place”

27

Page 32, line 15, leave out “persistent” and insert “repetitive”

28

Page 32, line 17, at end insert—

“(3A)    The third condition is that any inconvenience and reduction in quality of
life that is likely to be caused to users and future users of the public space
by the proposed restrictions is clearly outweighed by the effect of the
activities referred to in the first two conditions.”

29

Page 32, line 25, leave out “reasonable” and insert “necessary”

30

Page 32, line 27, leave out “, occurring”

31

Page 32, line 29, leave out “, occurrence”

32

Page 32, line 30, leave out subsection (6)

33

Page 32, line 33, leave out “, or at all times except those specified”

34

Page 32, line 36, at end insert—

“(6A)    A prohibition or requirement framed under the provisions of subsection (6)
must not discriminate directly or indirectly against any person or group of
persons on the grounds of age, race, religious beliefs, gender or sexual
orientation.”

35

Page 32, line 38, at end insert—

“( )   the owner of any part of the public space that is not owned by the
local authority;”

36

Page 32, line 41, leave out paragraph (b)

37

Page 32, line 42, at end insert—

“(c)   the county council where the restricted area that is being proposed
is in an area where there is both a county and a district council;

(d)   a parish council or a Welsh community council where the restricted
area that is being proposed is wholly or partly within its area.”

38

Page 32, line 42, at end insert—

“(7A)    A local authority making a public spaces protection order must before
doing so—

(a)   advertise the proposal in such ways as it thinks appropriate to bring
it to the attention of those in the locality and of persons who visit or
use the restricted area that is proposed or might reasonably be
expected to do so, including on the authority’s website;

(b)   make a copy of the proposal available at its offices and in at least
one location that is as local as possible to the restricted area that is
being proposed;

(c)   allow a reasonable period for comments on and objections to the
proposal to be made to the authority;

(d)   allow any person to make representations in person to the authority
as part of its decision-making process.

(7B)   A local authority must consider each decision on whether to make or
amend a public spaces protection order in a committee of the authority
meeting in public.”

39

Page 33, line 5, leave out from “in” to end of line 6 and insert “such ways as the
authority considers appropriate which must include on the authority’s website”

40

Page 33, line 6, at end insert—

“( )   A local authority must make a public spaces protection order available for
inspection at its offices.”

41

Page 33, line 6, at end insert—

“(10)   A public spaces protection order may not be made in respect of land
which—

(a)   appears on a register of commons and of town and village greens
maintained by a Commons Registration Authority,

(b)   is access land under the Countryside and Rights of Way Act 2000,

(c)   is a footpath, bridleway, restricted byway or byway open to all
traffic which appears on a definitive map of rights of way, or

(d)   is a cycle path or other way designed for pedestrians or vehicles
used by disabled persons which is financed or maintained by a
public authority, or which was authorised or required by a
planning permission.”

Clause 56

LORD GREAVES

42

Page 33, line 12, leave out “on reasonable grounds”

43

Page 33, line 13, leave out “occurrence or”

44

Page 33, line 15, leave out paragraph (b)

45

Page 33, line 24, at end insert—

“( )   the owner of any part of the public space that is not owned by the
local authority;”

46

Page 33, line 27, leave out paragraph (b)

47

Page 33, line 27, at end insert—

“(c)   the county council where the restricted area that is being proposed
is in an area where there is both a county and a district council;

(d)   a parish council or a Welsh community council where the restricted
area that is being proposed is wholly or partly within its area.”

48

Page 33, line 28, at end insert—

“(6)   A public spaces protection order in respect of a footpath, bridleway,
restricted byway or byway open to all traffic shown on a definitive map of
rights of way shall not continue in force for more than six months from the
date on which it comes into force unless—

(a)   the local authority has reviewed the decision to make the order
under section 55, and

(b)   decided to extend the order under this section.

(7)   In deciding whether to make an extension under subsection (6), a local
authority shall take into account the extent to which conditions in section
55(2) and (3) still apply, the effects that the order has had, and any
representations made to it.”

49

Page 33, line 28, at end insert—

“(6)   A local authority that is considering whether to extend the duration of a
public spaces protection order must—

(a)   advertise the proposal in such ways as it thinks appropriate to bring
it to the attention of those in the locality and of persons who visit or
use the restricted area that is proposed or might reasonably be
expected to do so, including on the authority’s website;

(b)   make a copy of the proposal available at its offices and in at least
one location that is as local as possible to the restricted area that is
being proposed;

(c)   allow a reasonable period for comments on and objections to the
proposal to be made to the authority;

(d)   allow any person to make representations in person to the authority
as part of its decision-making process.

(7)   A local authority must consider each decision on whether to make or
amend a public spaces protection order in a committee of the authority
meeting in public.”

Clause 57

LORD GREAVES

50

Page 34, line 4, at end insert—

“( )   the owner of any part of the public space that is not owned by the
local authority;”

51

Page 34, line 5, leave out paragraph (b)

52

Page 34, line 6, at end insert—

“(c)   the county council where the restricted area is in an area where
there is both a county and a district council;

(d)   a parish council or a Welsh community council where the restricted
area is wholly or partly within its area.”

53

Page 34, line 10, at end insert—

“( )   A local authority that is considering whether to vary or discharge a public
spaces protection order under this section must—

(a)   advertise the proposal in such ways as it thinks appropriate to bring
it to the attention of those in the locality and of persons who visit or
use the restricted area that is proposed or might reasonably be
expected to do so, including on the authority’s website;

(b)   make a copy of the proposal available at its offices and in at least
one location that is as local as possible to the restricted area that is
being proposed;

(c)   allow a reasonable period for comments on and objections to the
proposal to be made to the authority;

(d)   allow any person to make representations in person to the authority
as part of its decision-making process.

( )   A local authority must consider each decision on whether to vary or
discharge a public spaces protection order in a committee of the authority
meeting in public.”

Clause 61

LORD GREAVES

54

Page 36, line 37, at end insert—

“( )   a way shown in a definitive map and statement as a footpath,
bridleway, restricted byway or byway open to all traffic;”

Clause 62

LORD GREAVES

55

Page 37, line 7, leave out “An interested” and insert “A”

56

Page 37, leave out lines 10 and 11

After Clause 85

LORD HARRIS OF HARINGEY

56A*

Insert the following new Clause—

“Crime and disorder reduction: development control

(1)   The Secretary of State shall designate a body representative of chief officers
of police for the purposes of this section.

(2)   A body designated under this section shall publish guidelines that specify
for a particular type of development the measures that should be included
in that development to promote—

(a)   crime and disorder reduction, and

(b)   the prevention of anti-social behaviour.

(3)   Guidelines under this section shall only be produced following
consultation with organisations that represent—

(a)   local authorities, and

(b)   persons engaged in the design and construction of developments
requiring planning permission.

(4)   A planning authority may, in respect of any application that it receives for
planning permission, specify as a condition for the approval of that
planning permission that the development concerned must follow
guidelines published under this section.

(5)   A planning authority may only specify a condition under subsection (4) if
it is satisfied that to do so would promote—

(a)   crime and disorder reduction, or

(b)   the prevention of anti-social behaviour.”

Clause 91

LORD FAULKS

 


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

Schedule 8

BARONESS KENNEDY OF THE SHAWS

57

Page 171, line 21, at end insert—

“(4)   In paragraph 2(1) after “to whom this paragraph applies” insert “only”.

(5)   After paragraph 2(4) insert—

“(5)   The Secretary of State shall collect on an annual basis the
records of all examinations and detentions, including
information on the protected characteristics under the
Equality Act 2010 of those being examined and detained, and
reports of all reviews of detentions for the purposes of
monitoring and statistical analysis.”

(6)   In paragraph 5 after “A person who is questioned under paragraph 2 or
3”, for “must” substitute “may”.

(7)   After paragraph 5 insert—

“5A A person cannot be compelled to answer questions unless the
person is arrested pursuant to section 41 of the Terrorism
Act.””

58

Page 171, line 30, at end insert—

“(2A)   A person questioned under paragraph 2 or 3 may not be
detained under paragraph 6 unless the examining officer has
reasonable grounds to suspect that he is a person falling within
section 40(1)(b).”

59

Page 171, line 32, leave out “6” and insert “3”

60

Page 171, line 37, leave out first “6” and insert “3”

61

Page 171, line 37, leave out second “6” and insert “3”

62

Page 172, line 29, leave out paragraph 4

63

Page 173, line 6, at end insert—

“(1A)    In paragraphs 6, 7, 8, 9, 16, 17 and 18, for “detained”, in each place, there
is substituted “examined or detained”.”

64

Page 173, line 33, at end insert—

“(1A)    In sub-paragraph (1), the words “Schedule 7 or” are omitted.”

Clause 137

LORD HODGSON OF ASTLEY ABBOTTS

65

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

66

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

67

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

68

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”

69

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

70

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

71

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”

72

Page 104, line 40, at end insert—

“( )   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.”

73

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

74

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

75

Page 105, leave out lines 1 and 2

Clause 138

LORD HODGSON OF ASTLEY ABBOTTS

76

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

77

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

78

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.”

79

Page 105, line 31, at end insert—

“( )   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.”

80

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

81

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

After Clause 138

LORD HODGSON OF ASTLEY ABBOTTS

82

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).”

Clause 140

LORD HODGSON OF ASTLEY ABBOTTS

83

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

84

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).”

85

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

86

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

87

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.”

Clause 141

LORD HODGSON OF ASTLEY ABBOTTS

88

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

89

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.”

90

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

91

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.”

92

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.”

Prepared 12th November 2013