Anti-social Behaviour, Crime and Policing Bill

third
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—

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]

Clause 12

BARONESS HAMWEE

21D

Page 7, line 5, at end insert “, and

(c)   the respondent is aged 18 or over”

Clause 13

BARONESS SMITH OF BASILDON

LORD ROSSER

21E

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

21F

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

Clause 14

BARONESS HAMWEE

21G

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.”

LORD GREAVES

21GA

Page 8, line 5, at end insert—

“( )   inform any other local authority within whose the area the conduct
or threatened conduct is alleged and any other body listed in
section 4(1) that is relevant to the application;”

BARONESS SMITH OF BASILDON

LORD ROSSER

21H

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.”

BARONESS HAMWEE

21J

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

LORD GREAVES

21JA

Page 8, line 12, at end insert—

“( )   inform any other local authority within whose the area the conduct
or threatened conduct is alleged and any other body listed in
section 4(1) that is relevant to the application;”

21JB

Page 8, line 19, at end insert—

“( )   inform any other local authority within whose the area the conduct
or threatened conduct is alleged and any other body listed in
section 4(1) that is relevant to the application;”

Clause 17

BARONESS HAMWEE

21K

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

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.”

BARONESS SMITH OF BASILDON

LORD ROSSER

22A

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).”

Clause 21

BARONESS HAMWEE

22B

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

22C

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

LORD GREAVES

22CA

Page 12, line 16, after “offender’s” insert “ethical or”

22CB

Page 12, line 18, after “educational” insert “or training”

BARONESS HAMWEE

22D

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.”

Clause 23

BARONESS HAMWEE

22E

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

BARONESS SMITH OF BASILDON

LORD ROSSER

22F

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.”

Clause 24

BARONESS HAMWEE

22G

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

(b)   not more than 5 years”

Clause 27

BARONESS HAMWEE

22H

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

22J

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

22K

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

Clause 28

LORD GREAVES

22KA

Page 16, line 14, after “borough,” insert “a county for an area where there is no
district council,”

Clause 32

BARONESS HAMWEE

22L

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

BARONESS SMITH OF BASILDON

LORD ROSSER

22M

Page 18, line 38, at end insert—

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

BARONESS HAMWEE

22N

Page 18, line 41, at end insert—

“( )   must clearly identify the locality in question”

BARONESS SMITH OF BASILDON

LORD ROSSER

 


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

Clause 40

BARONESS HAMWEE

22NA*

Page 22, line 31, after “a” insert “significant”

LORD ROSSER

BARONESS SMITH OF BASILDON

22NB*

Page 23, line 2, leave out paragraph (c)

LORD GREAVES

22NC*

Page 23, line 16, leave out subsection (6)

BARONESS HAMWEE

22ND*

Page 23, line 16, after “so” insert “, and assure himself that the conduct is not
already subject to any control imposed under any other statute,”

22NE*

Page 23, line 17, at end insert—

“(6A)    No notice shall be served under this section where the conduct relates to
noise and might instead be controlled under any other statute.”

22NF*

Page 23, line 20, at end insert “including any remedial action proposed under
section 44”

LORD ROSSER

BARONESS SMITH OF BASILDON

22NG*

Page 23, line 21, leave out “may” and insert “must”

LORD GREAVES

22P

Page 23, line 22, at end insert—

“(9)   A community protection notice 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.”

22Q

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.”

22QA*

Page 23, line 22, at end insert—

“( )   Where a community protection notice is issued by an authorised person
who is not the relevant local authority, the person must notify the relevant
local authority of the issue of the notice.”

Clause 42

BARONESS HAMWEE

22QB*

Page 24, line 6, leave out paragraph (b)

Clause 43

LORD GREAVES

22QC*

Page 24, line 29, at end insert—

“(1A)    It is not a ground for appeal that the interest under subsection (1) of the
person issued with a community protection notice has been transferred to
another person since the issue of the notice.”

BARONESS HAMWEE

22QD*

Page 24, line 41, after “notice” insert “in favour of the appellant”

22QE*

Page 24, line 41, after “it)” insert—

“( )   vary the notice by reducing the requirements,”

Clause 44

LORD GREAVES

22QF*

Page 25, leave out lines 19 and 20

BARONESS HAMWEE

22QG*

Page 25, line 38, at end insert “(which may be nil)”

Clause 45

LORD GREAVES

22QH*

Page 26, line 24, at end insert—

“(5A)    A person also does not commit an offence under this section if it has been
agreed between the person and the relevant local authority that the
authority will carry out remedial action and the person has agreed to pay
to the relevant local authority the amount specified under section 44(6).”

Clause 47

LORD GREAVES

22QJ*

Page 27, line 23, at end insert—

“(1A)    “Item” in subsection (1) does not include any animal.”

BARONESS HAMWEE

22QK*

Page 27, line 25, after “constable” insert “or, where the relevant notice was served
by the local authority, that local authority”

22QL*

Page 27, line 30, after first “constable” insert “or local authority”

22QM*

Page 27, line 30, after “member” insert “, or that local authority,”

22QN*

Page 27, line 34, at end insert “or local authority”

Clause 48

BARONESS HAMWEE

22QP*

Page 27, line 41, after “constable” insert “or local authority”

22QR*

Page 28, line 1, after “constable” insert “or local authority”

22QS*

Page 28, line 3, after “constable” insert “or local authority”

Clause 49

BARONESS HAMWEE

22QT*

Page 28, line 30, leave out “14” insert “28”

22QU*

Page 28, line 45, leave out “14” and insert “28”

22QV*

Page 29, line 9, leave out “purports to be” and insert “is”

Clause 50

BARONESS HAMWEE

22QW*

Page 29, line 21, leave out paragraph (c)

LORD GREAVES

22QX*

Page 29, line 22, at end insert—

“(d)   parish council or Welsh community council that has been
designated for this purpose by the relevant local authority.”

LORD GREAVES

BARONESS HAMWEE

22QY*

Page 29, line 30, leave out subsection (4)

LORD GREAVES

22QYA*

Page 29, line 32, at end insert—

“(4A)    When designating a person under section 50(1)(c), the relevant local
authority may specify restrictions on the nature of the conduct, types of
premises, categories of persons and other relevant circumstances in
relation to which the community protection notice may be made.”

BARONESS HAMWEE

22QYB*

Page 29, line 36, leave out “A person” and insert “An individual”

22QYC*

Page 29, line 39, leave out “person” and insert “individual”

Clause 52

BARONESS HAMWEE

22QYD*

Page 30, line 29, at end insert—

“(1A)    A notice under this Chapter shall be deemed to have been issued on the
date when it was so handed or left or when it would have been received in
the ordinary course of post.”

Before Clause 55

LORD DEBEN

22R

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.””

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.”

34A*

Page 32, line 36, at end insert—

“( )   A prohibition or requirement made under subsection (6) may not prevent
the use of the public space by persons—

(a)   bearing placards, offering to talk to people or providing literature
or other material relating to political or other beliefs and
campaigns;

(b)   assembling or parading for the purpose of promoting political or
other beliefs and campaigns;

(c)   making speeches whether or not amplified in pursuit of such aims.”

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—

“( )   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.”

41A

Page 33, line 6, at end insert—

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

Clause 56

BARONESS HAMWEE

41B*

Page 33, line 9, leave out “3 years” and insert “1 year”

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)

BARONESS HAMWEE

44A*

Page 33, line 18, leave out “3 years” and insert “1 year”

44B*

Page 33, line 21, leave out “be extended under this section” and insert “not be
extended”

LORD GREAVES

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.”

BARONESS HAMWEE

49A*

Page 33, line 28, at end insert—

“(6)   No new order applying to the same or substantially the same public place
as the restricted area shall be made within a period of one year from the
expiry of the order.”

LORD ROSSER

BARONESS SMITH OF BASILDON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 56
stand part of the Bill.

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 58

LORD GREAVES

53A

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.”

Clause 60

LORD GREAVES

53B

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

53C

Page 35, line 41, at end insert—

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

53D

Page 36, line 6, at end insert “, and

“notify” means notify individually in writing.”

53E

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.”

BARONESS HAMWEE

53EA*

Page 36, line 8, after “a” insert “part of a”

53EB*

Page 36, line 9, leave out from first “authority” to end and insert “it must secure the
agreement of that other authority”

LORD GREAVES

53F

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.”

BARONESS HAMWEE

53FA*

Page 36, line 11, after “occupiers” insert “or users”

LORD GREAVES

53G

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.”

53H

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.”

LORD ROSSER

BARONESS SMITH OF BASILDON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 60
stand part of the Bill.

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”

BARONESS HAMWEE

55A*

Page 37, line 9, after “variation” insert “which for the purposes of this section
includes an extension”

LORD GREAVES

56

Page 37, leave out lines 10 and 11

LORD ROSSER

BARONESS SMITH OF BASILDON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 62
stand part of the Bill.

Clause 63

LORD GREAVES

56ZA

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.”

56ZB

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.”

Clause 64

BARONESS HAMWEE

56ZBA*

Page 38, line 24, leave out “14” and insert “28”

56ZBB*

Page 38, line 39, leave out “14” and insert “28”

Clause 66

LORD GREAVES

 


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

Clause 67

LORD GREAVES

56ZC

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”

LORD ROSSER

BARONESS SMITH OF BASILDON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 67
stand part of the Bill.

Clause 68

LORD GREAVES

56ZD

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

Clause 69

BARONESS HAMWEE

56ZE*

Page 41, line 21, at end insert “and is proportionate”

56ZF*

Page 41, line 31, leave out “habitually”

56ZG*

Page 41, line 32, after “owner” insert “or operator”

56ZH*

Page 41, line 32, after “premises” insert “and anyone designated by the owner or
operator and agreed by the police officer as required to ensure the safety of the
premises”

56ZJ*

Page 41, line 33, leave out “must” and insert “are deemed to be”

56ZK*

Page 42, line 6, leave out “(whether habitually or not)”

Clause 72

BARONESS HAMWEE

56ZL*

Page 43, line 34, leave out “an employee of” and insert “a person authorised by”

Clause 73

BARONESS HAMWEE

56ZM*

Page 44, line 31, at end insert “and is proportionate”

Clause 74

BARONESS HAMWEE

56ZN*

Page 45, line 16, at end insert “and is proportionate”

Clause 75

BARONESS HAMWEE

56ZP*

Page 45, line 36, at end insert “and is proportionate”

Clause 77

BARONESS HAMWEE

56ZQ*

Page 47, line 17, at end insert—

“( )   the owner, occupier or operator of the premises;”

Clause 79

BARONESS HAMWEE

56ZR*

Page 48, line 26, at end insert—

“(3A)    A person does not commit an offence in relation to a closure notice or order
unless a copy of the notice or order was served on him, or the complainant
has displayed information about the provisions of the notice or order on or
adjacent to the premises, in such a way that it is reasonable for the person
to have seen sufficient information to know that the premises were closed
to him.”

Clause 83

BARONESS HAMWEE

56ZS*

Page 50, line 41, at end insert “that paragraph (a), (b) or (c) applies and that
paragraph (d) applies”

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 86

BARONESS HAMWEE

56AA*

Page 52, line 37, after “met” insert “and that such an order is proportionate”

56AB*

Page 53, line 8, leave out “or visiting”

56AC*

Page 53, line 23, leave out “or visiting”

56AD*

Page 53, line 41, leave out “or visiting”

Clause 88

BARONESS HAMWEE

56AE*

Page 57, line 31, leave out “may” and insert “shall”

56AF*

Page 57, line 38, at end insert—

“(c)   enabling the landlord to confirm the decision but to grant a
tenancy of the dwelling-house to a person other than the
tenant residing in it”

Clause 89

BARONESS HAMWEE

56AG*

Page 58, line 9, at end insert “and that such an order is proportionate”

56AH*

Page 58, line 11, leave out “or visiting”

56AJ*

Page 58, line 27, leave out “or visiting”

56AK*

Page 59, line 1, leave out “or visiting”

Clause 91

BARONESS HAMWEE

56B

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

56C

Page 61, line 43, at end insert—

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

56CA*

Page 61, line 43, at end insert—

“The court may if it considers it reasonable order the transfer of
the tenancy of the dwelling-house to a person other than the
tenant residing in it.”

56CB*

Page 62, line 2, at end insert—

“The court may if it considers it reasonable order the transfer of
the tenancy of the dwelling-house to a person other than the
tenant residing in it.”

56D

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

56E

Page 62, line 11, at end insert—

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

LORD FAULKS

BARONESS BERRIDGE

LORD ROSSER

BARONESS SMITH OF BASILDON

 


The above-named Lords give notice of their intention to oppose the Question that Clause 91
stand part of the Bill.

Clause 93

BARONESS HAMWEE

56F*

Page 64, line 14, leave out “one” and insert “two”

56G*

Page 64, line 28, at end insert—

“( )   the relevant district council or unitary authority for the area as
defined in section 97,”

56H*

Page 64, line 36, after “police” insert “and local authorities”

Clause 94

LORD PONSONBY OF SHULBREDE

56J*

Page 66, line 10, at end insert—

“( )   Provisions should be put in place under a designated senior police officer
to ensure scrutiny of decision making through a local scrutiny panel.

( )   The strategy and usage of cautions and out of court disposals should be
reviewed by a local scrutiny panel on a regular basis.

( )   The use of cautions and out of court disposals for serious cases and repeat
offenders should be particularly scrutinised.”

Clause 96

LORD ROSSER

BARONESS SMITH OF BASILDON

56K*

Page 67, line 30, at end insert—

“( )   The relevant bodies must decide under subsection (1)(b) that the threshold
for a review is met where the person making the complaint has notified any
of the relevant bodies that he or she has been a victim of anti-social
behaviour or is vulnerable due to ill health, mental capacity, race, sexuality
or religion.”

BARONESS HAMWEE

56L*

Page 68, line 40, at end insert—

“(c)   the complaint is made by a person residing at an address not the
same as another person complaining about the same or
substantially similar behaviour unless the complaints are at least
one month apart”

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)

88A

Page 108, line 4, at end insert—

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

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.”

After Clause 142

LORD HODGSON OF ASTLEY ABBOTTS

93

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).””

94

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.””

95

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.””

Before Clause 155

LORD PONSONBY OF SHULBREDE

95A*

Insert the following new Clause—

“Discretion in ordering victim surcharge to offenders under the age of 18

In Section 161(A) of the Criminal Justice Act 2003 (court’s duty to order
payment of surcharge), after subsection (4) there is inserted—

“(5)   In the case of offenders under the age of 18, the ordering of payment
of a victim surcharge may be at the discretion of the sentencing
body.”.”

Schedule 9

BARONESS SMITH OF BASILDON

LORD ROSSER

96

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

Prepared 19th November 2013