Anti-social Behaviour, Crime and Policing Bill

sEVENTH
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—

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 7

BARONESS HAMWEE

56YG

Page 169, line 38, leave out paragraph (b)

56YH

Page 170, line 7, leave out sub-paragraph (4)

After Clause 132

BARONESS HAMWEE

56YJ

Insert the following new Clause—

“Report by Secretary of State

The Secretary of State shall, no later than three months after the coming into
force of section 132, report to Parliament his or her recommendations—

(a)   for the introduction of safeguards in respect of legally privileged
material, excluded material and special procedures material in
respect of a person detained under Schedule 7 or 8 to the Terrorism
Act 2000, and

(b)   for the introduction of a statutory bar to the introduction in a
criminal trial of admissions made by a person detained under
Schedule 7 or 8 to the Terrorism Act 2000.”

56YK

Insert the following new Clause—

“Further amendment of Terrorism Act 2000

The Secretary of State shall by order make any amendments to Schedule 7
or Schedule 8 to the Terrorism Act 2000 recommended by the Independent
Reviewer of Terrorism Legislation to limit the scope of its application.”

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.””

LORD LESTER OF HERNE HILL

LORD AVEBURY

57A

Page 171, line 21, at end insert—

“Limits on duty to give information and documents

In paragraph 5(1) of Schedule 7 to the Terrorism Act 2000, before “A
person who is questioned” there is inserted “Subject to paragraph 9A
below,”.”

BARONESS KENNEDY OF THE SHAWS

LORD LESTER OF HERNE HILL

LORD AVEBURY

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).”

BARONESS KENNEDY OF THE SHAWS

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”

LORD LESTER OF HERNE HILL

LORD AVEBURY

61A

Page 171, line 39, at end insert—

In paragraph 8(1) of Schedule 7 to the Terrorism Act 2000, before “An
examining officer” there is inserted “Subject to paragraph 9A below,”.”

61B

Page 172, line 28, at end insert—

   ( )   In paragraph 9(1) of Schedule 7 to the Terrorism Act 2000, before “An
examining officer” there is inserted “Subject to paragraph 9A below,”.

“Data stored on personal electronic devices

9A    (1)   For the purposes of this Schedule—

(a)   the information or documents which a person can be
required to give the examining officer under
paragraph 5,

(b)   the things which may be searched under paragraph 8,
and

(c)   the property which may be examined under
paragraph 9,

do not include data stored on personal electronic devices unless the person is detained under paragraph 6.

(2)   “Personal electronic device” includes a mobile phone, a
personal computer and any other portable electronic device on
which personal information is stored.””

BARONESS KENNEDY OF THE SHAWS

62

Page 172, line 29, leave out paragraph 4

LORD LESTER OF HERNE HILL

LORD AVEBURY

62A

Page 173, line 4, at end insert—

“Audio- and video-recording of interviews

In paragraph 3(6) of Schedule 8 to the Terrorism Act 2000, the words “if
the interview takes place in a police station” are omitted.”

BARONESS KENNEDY OF THE SHAWS

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.”

LORD LESTER OF HERNE HILL

64ZA

Page 174, line 12, leave out from “officer” to end of line 13 and insert—

“(2A)    The first review shall be carried out as soon as is reasonably
practicable after the time of the person’s detention and not
more than one hour from that time.

(2B)   Subsequent reviews shall be carried out at intervals of not
more than 2 hours.”

After Schedule 8

LORD TAYLOR OF HOLBEACH

64A

Insert the following new Schedule—

“SCHEDULE

POWERS OF COMMUNITY SUPPORT OFFICERS

Introduction

1 Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community
support officers) is amended as follows.

Additional powers to issue fixed penalty notices

2    (1)   In paragraph 1 (powers to issue fixed penalty notices), in sub-paragraph
(2)(b), for the words after “in respect of an offence” there is substituted
“listed in sub-paragraph (2B)”.

(2)   In sub-paragraph (2) of that paragraph, after paragraph (ca) there is
inserted—

“(cb)   the power of an authorised officer of a borough council
to give a notice under section 15 of the London Local
Authorities Act 2004 in respect of an offence under
section 38(1) of the London Local Authorities Act 1990
or section 27(1) of the City of Westminster Act 1999
(unlicensed street trading);”.

(3)   After sub-paragraph (2A) of that paragraph there is inserted—

“(2B)   The offences referred to in sub-paragraph (2)(b) are—

(a)   an offence under section 72 of the Highway Act 1835
(riding on a footway) committed by cycling;

(b)   an offence under section 5(1) or 8(1) of the Road Traffic
Regulation Act 1984 involving a contravention of a
prohibition or restriction that relates to—

(i)   stopping, waiting or parking at or near a school
entrance,

(ii)   one-way traffic on a road, or

(iii)   lanes or routes for use only by cycles, only by
buses or only by cycles and buses;

(c)   an offence under section 24 of the Road Traffic Act 1988
(more than one person on a one-person bicycle);

(d)   an offence under section 35 of that Act (failing to
comply with traffic directions) committed by the rider
of a cycle;

(e)   an offence under section 36 of that Act (failing to
comply with traffic signs) committed by the rider of a
cycle who fails to comply with the indication given by
a red traffic light;

(f)   an offence under section 42 of that Act of contravening
or failing to comply with a construction or use
requirement about—

(i)   lighting equipment or reflectors for cycles,

(ii)   the use on a road of a motor vehicle in a way
that causes excessive noise,

(iii)   stopping the action of a stationary vehicle’s
machinery,

(iv)   the use of a vehicle’s horn on a road while the
vehicle is stationary or on a restricted road at
night, or

(v)   opening a vehicle’s door on a road so as to
injure or endanger a person;

(g)   an offence under section 163 of that Act (failing to stop
vehicle or cycle when required to do so by constable or
traffic officer).

(4)   After sub-paragraph (4) of that paragraph there is inserted—

“(5)   In this paragraph “cycle” has the same meaning as in the Road
Traffic Act 1988 (see section 192(1) of that Act).”

Powers to issue fixed penalty notices: consultation with local authorities

3 In paragraph 1, after sub-paragraph (2B) (inserted by paragraph 2(3)
above) there is inserted—

“(2C)    Before a chief officer of police makes a designation applying
this paragraph to any person and specifying or describing an
offence listed in sub-paragraph (2B)(b)(i), the officer shall
consult every local authority any part of whose area lies within
the officer’s police area.

(2D)   In paragraph (2C) “local authority” means—

(a)   in relation to England, a district council, a London
borough council, the Common Council of the City of
London or the Council of the Isles of Scilly; and

(b)   in relation to Wales, a county council or a county
borough council.”

General power of seizure

4 After paragraph 2A there is inserted—

“General power of seizure

2B Where a designation applies this paragraph to any person—

(a)   that person shall, when lawfully on any premises in the
relevant police area, have the same powers as a
constable under section 19 of the 1984 Act (general
powers of seizure) to seize things;

(b)   that person shall also have the powers of a constable to
impose a requirement by virtue of subsection (4) of that
section in relation to information accessible from such
premises;

(c)   subsection (6) of that section (protection for legally
privileged material from seizure) shall have effect in
relation to the seizure of anything by that person by
virtue of sub-paragraph (a) as it has effect in relation to
the seizure of anything by a constable;

(d)   section 21(1) and (2) of that Act (provision of record of
seizure) shall have effect in relation to the seizure of
anything by that person in exercise of the power
conferred on him by virtue of sub-paragraph (a) as if
the references to a constable and to an officer included
references to that person; and

(e)   sections 21(3) to (8) and 22 of that Act (access, copying
and retention) shall have effect in relation to anything
seized by that person in exercise of that power or taken
away by him following the imposition of a
requirement by virtue of sub-paragraph (b)—

(i)   as they have effect in relation to anything
seized in exercise of the power conferred on a
constable by section 19(2) or (3) of that Act or
taken away by a constable following the
imposition of a requirement by virtue of section
19(4) of that Act; and

(ii)   as if the references to a constable in subsections
(3), (4) and (5) of section 21 included references
to a person to whom this paragraph applies.”

Powers with regard to charity collectors

5 After paragraph 3A there is inserted—

“Power to require name and address etc: charity collectors

3B Where a designation applies this paragraph to any person, that
person shall, in the relevant police area, have the powers of a
constable—

(a)   under section 6 of the House to House Collections Act
1939 to require a person to give his name and address
and to sign his name; and

(b)   under regulations under section 4 of that Act to require
a person to produce his certificate of authority.”

Power to stop cycles

6 In paragraph 11A (power to stop cycles), in sub-paragraph (2), for the
words after “has committed an offence” there is substituted “listed in
paragraph 1(2B)(a) to (e), (f)(i) or (g)”.”

Clause 135

LORD TAYLOR OF HOLBEACH

64B

Leave out Clause 135 and insert the following new Clause—

“Powers of community support officers

Schedule (Powers of community support officers) (which amends Part 1 of
Schedule 4 to the Police Reform Act 2002) has effect.”

After Clause 135

BARONESS SMITH OF BASILDON

LORD ROSSER

64C

Insert the following new Clause—

“Long-term police authorisation requiring independent approval

(1)   The Regulation of Investigatory Powers Act 2000 is amended as follows.

(2)   After section 32A (authorisations requiring judicial approval) insert—

“32AA           Long-term police authorisations requiring independent
approval

(1)   This section applies where a relevant person has granted a long-
term authorisation under section 29.

(2)   The authorisation is not to take effect until such time (if any) as the
relevant independent body has made an order approving the grant
of the authorisation.

(3)   The relevant independent body may give approval under this
section to the granting of an authorisation under section 29 if, and
only if, the relevant independent body is satisfied that—

(a)   at the time of the grant—

(i)   there were reasonable grounds for believing that the
requirements of section 29(2), and any requirements
imposed by virtue of section 29(7)(b) are satisfied in
relation to that authorisation, and

(ii)   the relevant conditions were satisfied in relation to
that authorisation, and

(b)   at the time when the relevant independent body is
considering the matter, there remain reasonable grounds for
believing that the requirements of section 29(2), and any
requirements imposed by virtue of section 29(7)(b) are
satisfied in relation to that authorisation.

(4)   For the purposes of subsection (3), the relevant conditions in
relation to a grant by an individual holding an office, rank or
position in a relevant law enforcement agency, that—

(a)   the individual was a designated person for the purposes of
section 29,

(b)   the grant of an authorisation was not in breach of any
prohibition imposed by virtue of section 29(7)(a) or any
restriction imposed by virtue of section 30(3), and

(c)   any other conditions that may be provided for by the
Secretary of State were satisfied.

(5)   In this section—

“relevant law enforcement authority” means—

(a)   a police force in the United Kingdom, and

(b)   the National Crime Agency;

“relevant judicial authority” means—

(a)   in relation to England and Wales, the High Court of
Justice in England and Wales,

(b)   in relation to Scotland, the Court of Session, and

(c)   in relation to Northern Ireland, the High Court of
Justice in Northern Ireland;

“relevant person” means—

(a)   an individual holding an office, rank or position in a
police force in the United Kingdom, and

(b)   an individual holding an office, rank or position in
the National Crime Agency.

(6)   In this section—

“relevant independent body” must be set out by the Home
Secretary in a motion passed by both Houses of Parliament
before this section is enacted;

“long-term” must be set out by the Home Secretary in a motion
passed by both Houses of Parliament before this section is
enacted.””

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”

LORD TAYLOR OF HOLBEACH

81A

Page 106, line 5, at end insert—

“( )   In section 2 of that Act (Part 1 warrant and certificate), after subsection (7)
there is inserted—

“(7A)    But in the case of a Part 1 warrant containing the statement referred
to in subsection (3), the designated authority must not issue a
certificate under this section if it is clear to the designated authority
that a judge proceeding under section 21A would be required to
order the person’s discharge on the basis that extradition would be
disproportionate.

In deciding that question, the designated authority must apply any
general guidance issued for the purposes of this subsection.

(7B)   Any guidance under subsection (7A) may be revised, withdrawn or
replaced.

(7C)   The function of issuing guidance under subsection (7A), or of
revising, withdrawing or replacing any such guidance, is
exercisable by the Lord Chief Justice of England and Wales with the
concurrence of—

(a)   the Lord Justice General of Scotland, and

(b)   the Lord Chief Justice of Northern Ireland.””

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.”

BARONESS SMITH OF BASILDON

LORD ROSSER

 


The above-named Lords give notice of their intention to oppose the Question that
Clause 141 stand part of the Bill.

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.””

Clause 147

BARONESS HENIG

BARONESS HARRIS OF RICHMOND

LORD STEVENS OF KIRKWHELPINGTON

95ZA

Page 119, line 13, at end insert—

“( )   In making an order under subsection (1), the Secretary of State must
include in the specification a requirement that the person be
licensed and work for a company that is licensed by the Security
Industry Authority.”

After Clause 148

LORD TAYLOR OF HOLBEACH

95ZB

Insert the following new Clause—

“Electronic transmission of European arrest warrant etc

In section 204 of the Extradition Act 2003 (warrant issued by category 1
territory: transmission by electronic means), in subsection (5)—

(a)   for “subsection (1), a” there is substituted “subsection (1)—

(a)   a”;

(b)   at the end there is inserted—

“(b)   information contained in the warrant is treated as
being received by the designated authority in a form
in which it is intelligible if the authority receives—

(i)   a summary of that information in English,
and

(ii)   the text of the warrant itself,

  in a form in which it is legible.”

After Clause 149

LORD TAYLOR OF HOLBEACH

95ZC

Insert the following new Clause—

“Discount on sentence for time spent in custody awaiting extradition: Scotland

(1)    Section 210 of the Criminal Procedure (Scotland) Act 1995 (consideration of
time spent in custody) is amended as follows.

(2)    In subsection (1)—

(a)    in paragraph (a), after “United Kingdom” there is inserted
“otherwise than from a category 1 territory”;

(b)    in paragraph (c)(ii), for “for the purposes of this section” there is
substituted “who was extradited to the United Kingdom otherwise
than from a category 1 territory”.

(3)   After subsection (1) there is inserted—

“(1A)     Subsection (1B) applies where—

(a)    a court is passing a sentence of imprisonment or detention
on a person for an offence, and

(b)    the person is an extradited prisoner who was extradited to
the United Kingdom from a category 1 territory.

(1B)    The court shall specify—

(a)   the period of time spent in custody awaiting extradition,
and

(b)    the date of commencement of the sentence in accordance
with subsection (1C).

(1C)    The date of commencement of the sentence is to be a date the
relevant number of days earlier than the date the sentence would
have commenced had the person not spent time in custody
awaiting extradition.

(1D)    In subsection (1C), “the relevant number of days” means the
number of days in the period specified under subsection (1B)(a).”

(4)   After subsection (2) there is inserted—

“(2A)    In this section, “category 1 territory” means a territory designated
under the Extradition Act 2003 for the purposes of Part 1 of that
Act.”

(5)    Subsection (3) is repealed.”

95ZD

Insert the following new Clause—

“Discount on sentence for time spent in custody awaiting extradition: Northern
Ireland

(1)   In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of
persons unlawfully at large), for subsection (3) there is substituted—

“(3)   The provisions of subsection (2) shall not apply to any period
during which any such person—

(a)   is detained in pursuance of any other sentence of any court
in the United Kingdom in a prison or other institution, or

(b)   is kept in custody in a category 1 territory before, and only
for the purpose of, being extradited to the United Kingdom
to serve the term of imprisonment or detention referred to
in that subsection,

but shall apply in addition to any other provisions of this Act
imposing any punishment for an escape.

(3A)   In subsection (3) “category 1 territory” means a territory designated
under the Extradition Act 2003 for the purposes of Part 1 of that
Act.”

(2)   In section 26 of the Treatment of Offenders Act (Northern Ireland) 1968
(duration of sentence), at the end of subsection (2A) there is inserted “; or

(c)   any period during which he was in custody in a category 1
territory with a view to his being extradited to the United
Kingdom to be tried or sentenced for that offence (and not
for any other reason).

In paragraph (c) “category 1 territory” means a territory designated
under the Extradition Act 2003 for the purposes of Part 1 of that
Act.””

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.””

Clause 155

LORD BEECHAM

95AA*

Page 125, leave out line 9

95AB*

Page 125, line 10, at end insert “and the impact on access to justice”

LORD TAYLOR OF HOLBEACH

95B

Page 125, line 24, leave out “for the first time”

LORD BEECHAM

95BA*

Page 125, line 26, after “instrument” insert “and a remission scheme”

LORD TAYLOR OF HOLBEACH

95C

Page 125, line 27, at end insert—

“(8)   But subsection (7) does not apply if the statutory instrument only adjusts a
fee to reflect changes in the value of money.”

After Clause 155

LORD BEECHAM

95D*

Insert the following new Clause—

“Lord Chancellor to report to Parliament on the outcome of the consultation

Before this section comes into effect, the Lord Chancellor will report to
Parliament on the outcome of the consultation on this section and obtain
approval for its overall response.”

Schedule 9

BARONESS SMITH OF BASILDON

LORD ROSSER

96

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

LORD TAYLOR OF HOLBEACH

97

Page 193, line 21, at end insert—

“Police and Criminal Evidence Act 1984 (c. 60)

   (1)   Schedule 2A to the Police and Criminal Evidence Act 1984
(fingerprinting and samples: power to require attendance at police
station) is amended as follows.

(2)   In paragraph 1 (fingerprinting: persons arrested and released)—

(a)   in sub-paragraph (2), for “section 61(5A)(b)” there is substituted
“section 61(5A)(b)(i)”;

(b)   after sub-paragraph (3) there is inserted—

  “(4) The power under sub-paragraph (1) above may not be
exercised in a case falling within section 61(5A)(b)(ii)
(fingerprints destroyed where investigation
interrupted) after the end of the period of six months
beginning with the day on which the investigation was
resumed.”

(3)   In paragraph 2 (fingerprinting: persons charged etc)—

(a)   in sub-paragraph (2)(b), for “section 61(5B)(b)” there is
substituted “section 61(5B)(b)(i)”;

(b)   at the end of sub-paragraph (2) there is inserted “, or

(c)   in a case falling within section 61(5B)(b)(ii)
(fingerprints destroyed where investigation
interrupted), the day on which the
investigation was resumed.”

(4)   In paragraph 9 (non-intimate samples: persons arrested and released)—

(a)   in sub-paragraph (2), for “within section 63(3ZA)(b)” there is
substituted “within section 63(3ZA)(b)(i) or (ii)”;

(b)   after sub-paragraph (3) there is inserted—

  “(4) The power under sub-paragraph (1) above may not be
exercised in a case falling within section 63(3ZA)(b)(iii)
(sample, and any DNA profile, destroyed where
investigation interrupted) after the end of the period of
six months beginning with the day on which the
investigation was resumed.”

(5)   In paragraph 10 (non-intimate samples: persons charged etc)—

(a)   in sub-paragraph (3), for “within section 63(3A)(b)” there is
substituted “within section 63(3A)(b)(i) or (ii)”;

(b)   after sub-paragraph (4) there is inserted—

  “(5) The power under sub-paragraph (1) above may not be
exercised in a case falling within section 63(3A)(b)(iii)
(sample, and any DNA profile, destroyed where
investigation interrupted) after the end of the period of
six months beginning with the day on which the
investigation was resumed.””

98

Page 196, line 21, at end insert—

 
“Police Reform Act 2002 (c. 30)

In Schedule 4, in paragraph 1(2),
the word “and” at the end of
paragraph (ca).”
98A

Page 197, line 2, at end insert—

“Prison Act (Northern Ireland) 1953 (c. 18)

In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of
persons unlawfully at large), in subsection (4), for “the last foregoing
sub-section” there is substituted “subsection (2)”.”

98B

Page 199, line 11, at end insert—

   (1)   Section 204 of that Act (warrant issued by category 1 territory:
transmission by electronic means) is amended as follows.

(2)   In subsections (1)(c) and (2)(c), for “a qualifying form” there is
substituted “a form in which it is intelligible and which is capable of
being used for subsequent reference”.

(3)   In subsection (6)—

(a)   at the end of paragraph (a) there is inserted “and”;

(b)   paragraph (c) and the word “and” before it are omitted.”

99

Page 199, line 28, at end insert—

“section 189E(1)(b);””

Clause 157

LORD TAYLOR OF HOLBEACH

100

Page 126, line 5, leave out “containing an” and insert “containing—

( )   an order under section 4(5),

( )   an order under section 50(4), or

( )   an”

BARONESS HAMWEE

100A

Page 126, line 6, after “Act” insert “or under section (Further amendment of Terrorism
Act 2000
)”

Clause 159

LORD TAYLOR OF HOLBEACH

101

Page 126, line 40, at end insert—

“( )   sections (Information about guests at hotels believed to be used for child
sexual exploitation
) to (Offences);”

102

Page 126, line 41, leave out “section” and insert “sections (Power to take further
fingerprints or non-intimate samples
), (Power to retain fingerprints or DNA profile in
connection with different offence
) and”

103

Page 126, line 42, leave out “135” and insert “(Powers of community support officers)
and Schedule (Powers of community support officers)”

104

Page 127, line 5, leave out “, 101” and insert “to (Possession of firearms by persons
previously convicted of crime
)”

104A

Page 127, line 21, leave out “and” and insert “to”

104B

Page 127, line 23, leave out “Section 109 extends” and insert “Sections 109 and
(Discount on sentence for time spent in custody awaiting extradition: Scotland) extend”

104C

Page 127, line 24, leave out “Section 120 extends” and insert “Sections 120 and
(Discount on sentence for time spent in custody awaiting extradition: Northern Ireland)
extend”

Clause 160

LORD BLAIR OF BOUGHTON

LORD CONDON

BARONESS MANNINGHAM-BULLER

105

Page 128, line 31, at end insert—

“(11)   Within three months of the passage of this Act, the Secretary of State shall
seek written advice from the Intelligence and Security Committee as to
whether there are any considerations of national security and intelligence
which would need to be examined in relation to the appointment of a non-
UK national to the following posts—

(a)   the Commissioner of Police for the Metropolis,

(b)   the Deputy Commissioner of Police for the Metropolis,

(c)   the Assistant Commissioner of the Metropolitan Police appointed
by the Commissioner to have operational responsibility for UK
counter-terrorist policing,

(d)   the Director General of the National Crime Agency, and

(e)   any successors who hold posts with equivalent responsibilities in
the future.

(12)   Section 126 shall not come into force until the Intelligence and Security
Committee has reported its findings under subsection (11) to the Secretary
of State and a copy of those findings has been laid before both Houses of
Parliament.”

Prepared 10th December 2013