Anti-social Behaviour, Crime and Policing Bill

Page 1, line 5, leave out “10” and insert “12”

Page 1, line 6, leave out “two” and insert “three”

Page 1, line 7, leave out “on the balance of probabilities” and insert “beyond
reasonable doubt”

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

Page 1, line 8, leave out from “conduct” to “(“anti-social” in line 9 and insert “that
had caused, or was likely to cause, harassment, alarm or distress”

Page 1, line 9, after “causing” insert “a”

Page 1, line 9, leave out “or annoyance”

Page 1, line 10, leave out “just and convenient” and insert “necessary and
proportionate”

Page 1, line 12, at end insert—

“(3A)    The third condition is that the conduct does not constitute a statutory
nuisance under any other enactment.”

Page 2, line 4, after “respondent’s” insert “ethical or”

Page 2, line 6, at end insert “or training”

Page 2, line 19, at end insert—

“(9)   For the purpose of determining whether the condition mentioned in
subsection (2) is fulfilled, the court shall disregard any act of the defendant
which he or she shows was reasonable in the circumstances.”

Page 3, line 13, at end insert—

“( )   This section will not come into effect until the Secretary of State has
published and laid before both Houses of Parliament guidance on where
the funding for a “person”, as defined in subsection (1), responsible for
supervising a respondent’s compliance with an injunction, will be coming
from to carry out duties as specified in subsection (4).”

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”

Page 4, line 30, at end insert “and—

(a)   the anti-social behaviour in which the respondent has engaged or
threatens to engage consists of, or includes the use, or threatened
use, of violence against other persons, or

(b)   there is a significant risk of harm to other persons from the
respondent.”

Page 6, line 23, at end insert—

“( )   Before this section comes into force, the Secretary of State shall provide
guidance on the length of time that relevant courts will take to reach
decisions on whether or not to issue warrants under this section.”

Page 6, line 23, at end insert—

“(9)   For the purposes of this section, the provisions of an injunction do not
include a requirement that has the effect of requiring the respondent to
participate in particular activities.”

Page 7, line 5, at end insert “, and

(c)   the respondent is aged 18 or over”

Page 7, line 16, at end insert “or with any other person”

Page 7, line 17, leave out from beginning to “on”

Page 8, line 2, at end insert—

“( )   The court may not grant an injunction under section 1 if the respondent will
be aged under 18 when the application is made unless the chief officer of
police for a police area has arranged for the respondent and the
respondent’s parent, parents or guardian to discuss the respondent’s
behaviour with a senior police officer and (if appropriate in the view of the
officer) for the respondent to be given the opportunity to enter into an
agreement as to future good behaviour.”

Page 8, line 8, at end insert—

“( )   Within a year of this section coming into force, the Secretary of State shall
review the length of time taken by consultations under this section with
local youth offending teams.”

Page 8, line 11, after “application” insert “and the local authority for the area where
the respondent resides”

Page 9, line 28, at end insert “against a respondent who is aged 16 or over at the
date of commencement of the proceedings”

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.”

Insert the following new Clause—

“Corporate anti-social behaviour order

(1)   It is an offence for a corporate body to act in a manner that caused or was
likely to cause harassment, alarm or distress to one or more persons.

(2)   In this section “corporate body” has the same meaning as in Part 12 of the
Corporation Tax Act 2009 (see section 1005 of that Act).

(3)   The Secretary of State shall, by regulations, set out the circumstances under
which an offence has been committed under subsection (1).”

Page 11, line 38, after “satisfied” insert “beyond reasonable doubt”

Page 11, line 41, after “order” insert “is necessary to protect any person and”

Page 12, line 26, at end insert—

“(11)   For the purpose of determining whether the condition mentioned in
subsection (3) is fulfilled, the court shall disregard any act of the defendant
which he or she shows was reasonable in the circumstances.”

Page 13, line 18, after “must” insert “consider its proportionality and”

Page 14, line 1, at end insert—

“( )   The Secretary of State shall produce guidance on the scope of requirements
that can be used under this section.”

Page 14, line 17, leave out from “years,” to end of line 18 and insert “and

(b)   not more than 5 years”

Page 15, line 18, leave out paragraph (a)

Page 15, line 20, leave out second “the” and insert “a criminal behaviour”

Page 15, line 20, leave out “that period” and insert “a review period (see subsection
(2))”

Page 18, line 35, after “necessary” insert “and proportionate”

Page 18, line 38, at end insert—

“and once the relevant local authority has been consulted.”

Page 18, line 41, at end insert—

“( )   must clearly identify the locality in question”

The above-named Lords give notice of their intention to oppose the Question that Clause 32
stand part of the Bill.

Page 23, line 22, at end insert—

“(9)   A community protection order may require the control or removal from
premises occupied by a body or individual of a plant of the following
description—

(a)   Japanese Knotweed (Fallopia japonica),

(b)   Himalayan Balsam (Impatiens glandulifera), or

(c)   a plant specified in an order made by the Secretary of State.”

Page 23, line 22, at end insert—

“( )   A community protection notice may not be issued if the conduct constitutes
a statutory nuisance under any other enactment.”

Insert the following new Clause—

“Extension of “the controlled area of Parliament Square” to the vicinity of the
Palace of Westminster

(1)   Section 142 of the Police Reform and Social Responsibility Act 2011 is
amended as follows.

(2)   In subsection (1) after subsection (1)(b) insert—

“(c)   the footways of Bridge Street, St Margaret’s Street,
Abingdon Street, and so much of the footway of Great
College Street as immediately adjoins Abingdon Green,

(d)   Old Palace Yard,

(e)   Abingdon Green, and

(f)   the northern end of Victoria Tower Gardens.”

(3)   In subsection (2)—

(a)   before the definition of “the central garden of Parliament Square”
insert—

““Abingdon Green” means the garden constructed on the sites
of properties formerly known as 17-28 (both inclusive)
Abingdon Street, London SW1, and the garden surrounding
the adjoining Jewel Tower;”

(b)   after the definition of “footway” insert—

““the northern end of Victoria Tower Gardens” means that
part of Victoria Tower Gardens which lies within 100 metres
of the metal railings which mark is northern boundary;

“Old Palace Yard” includes the King George V Memorial and
the surrounding lawns and paving.””

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

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

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

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

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

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.”

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

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

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

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

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

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.”

Page 32, line 38, at end insert—

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

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

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.”

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.”

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”

Page 33, line 6, at end insert—

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

Page 33, line 6, at end insert—

“( )   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.”

Page 33, line 6, at end insert—

“( )   A public places protection order may not remove or restrict any right of
common.”

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

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

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

Page 33, line 24, at end insert—

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

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

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.”

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.”

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.”

Page 34, line 4, at end insert—

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

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

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.”

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.”

Page 35, line 2, at end insert—

“(5)   The meaning of “local authority” in this section includes a parish council
and a Welsh community council.”

Page 35, line 39, at end insert “for persons using a mode or modes of travel which
are permitted on the through route”

Page 35, line 41, at end insert—

“( )   notify such other persons as may be specified in regulations made
by the Secretary of State,”

Page 36, line 6, at end insert “, and

“notify” means notify individually in writing.”

Page 36, line 6, at end insert—

“(2A)    Before making a public spaces protection order that restricts a public right
of way over a highway or other path of a description set out in subsection
(2C), a local authority must cause a notice of the proposed order to be
displayed—

(a)   at the ends of so much of the footpath or other way as is to be
restricted;

(b)   on the authority’s website; and

(c)   in such other ways as the authority considers appropriate;

and a copy of the proposed order must be made available for inspection at
the offices of the authority.

(2B)   Before making a public spaces protection order that restricts a public right
of way over a highway or other path of a description set out in subsection
(2C), the local authority must be satisfied that it is in all the circumstances,
including those set out in subsection (1), expedient to make the order.

(2C)   The ways to which subsections (2A) and (2B) apply are—

(a)   rights of way that are included in a definitive map and statement;
and

(b)   other ways which provide convenient through routes in urban
areas for passage on foot or on horseback or by cycle, or for vehicles
built or adapted for the use of disabled persons.”

Page 36, line 9, at end insert—

“(3A)    The meaning of “local authority” in subsection (3) includes a parish council
and a Welsh community council.”

Page 36, line 17, at end insert—

“(6A)    A public spaces protection order may not restrict the rights of any person
in relation to a private right of way.”

Page 36, line 17, at end insert—

“(6A)    A local authority that is a district council in an area where there is both a
county and a district council may not confirm a public spaces protection
order on land which is a highway if the county council has objected to the
proposed order.”

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;”

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

Page 37, leave out lines 10 and 11

Page 38, line 4, at end insert—

“(1A)    Subsection (1) does not apply if the prohibition or restriction relates to—

(a)   travel along a footpath, bridleway, restricted byway or byway open
to all traffic in an appropriate manner in each case;

(b)   presence on a common, village green or town green or on land that
is access land under the Countryside and Rights of Way Act 2000.”

Page 38, line 11, at end insert—

“(5)   A person does not commit an offence unless the local authority has
displayed information about the relevant restrictions and requirements on
or adjacent to the land that is subject to the public spaces protection notice
in such a way that it is reasonable for the person to have seen the notice.”

Lord Greaves gives notice of his intention to oppose the Question that Clause 66 stand part
of the Bill.

Page 40, line 11, at end insert “and for this purpose it is immaterial whether a body
is based locally or over a wider area including nationally”

Page 40, line 44, leave out subsection (3)

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.”

Page 61, line 40, leave out “an” and insert “a serious”

Page 61, line 43, at end insert—

“In this Ground “serious offence” shall have the same meaning as
in section 84A.”

Page 62, line 8, leave out “an” and insert “a serious”

Page 62, line 11, at end insert—

“In this Ground “serious offence” shall have the same meaning as
in section 84A.”

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

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.””

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).”

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

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

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

Page 172, line 29, leave out paragraph 4

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”.”

Page 173, line 33, at end insert—

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

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—

“( )   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—

“( )   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, line 4, at end insert—

“( )   in subsection (4), for “7” substitute “14”;”

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.”

Insert the following new Clause—

“Discretion to refuse extradition where requested person wanted under
European arrest warrant is a British national or resident

After section 20 of the Extradition Act 2003 there is inserted—

“20A          Service of sentence in 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.

(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).””

Insert the following new Clause—

“Request of further information where suspicion of mistaken identity

In section 7 of the Extradition Act 2003 (identity of person arrested), after
subsection (4) there is inserted—

“(4A)    If the judge decides that question in the affirmative, 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 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.

(4C)   If the judge decides the question in subsection (4A) in the negative,
he must order the person’s discharge.””

Insert the following new Clause—

“Effective refusal grounds for breach of human rights

After section 21B of the Extradition Act 2003 there is inserted—

“21C          Human rights: legal and evidential standards

(1)   This section applies if the judge is required, under section 21 or 21A,
to determine whether extradition would be compatible with the
Convention rights.

(2)   The person’s extradition would not be compatible with the
Convention rights if—

(a)   there is a real risk that the person, if surrendered, would be
subject to treatment in the category 1 territory that, if taking
place in the United Kingdom, would be an act or omission
made unlawful by section 6 of the 1998 Act;

(b)   in relation to the matters giving rise to the Part 1 warrant,
the person has previously been subject to treatment that, if
taking place in the United Kingdom, would be an act or
omission made unlawful by section 6 of the 1998 Act; or

(c)   the person’s removal from the United Kingdom would be
incompatible with the Convention rights.

(3)   The judge shall not treat a matter set out in subsection (2)(a) or (b)
as established unless there is material before him on which a court
might reasonably so conclude; but if there is such material before
him, he shall treat that matter as established unless satisfied to the
contrary.

(4)   For the purposes of subsection (3), the judge shall have regard to—

(a)   judgments issued by the European Court of Human Rights
against the category 1 territory under Article 46 of the
Convention (pilot judgment);

(b)   the existence of proceedings under Article 226 of the Treaty
on the Functioning of the European Union against the
category 1 territory in respect of measures adopted under
Article 82(2) of that Treaty, and any judgment given by the
Court of Justice of the European Union in such
proceedings.””

Page 180, line 9, leave out paragraphs 24 to 27