Anti-social Behaviour, Crime and Policing Bill

Amendments
to be moved
in committee

[Supplementary to the Fifth Marshalled List]

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 Schedules 7 or 8 of 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
Schedules 7 or 8 of 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 of the Terrorism Act 2000 recommended by the Independent
Reviewer of Terrorism Legislation to limit the scope of its application.”

Clause 138

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(7B)   Any guidance under subsection (7A) may be revised, withdrawn or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

Schedule 9

LORD TAYLOR OF HOLBEACH

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.”

Clause 157

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

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”

Prepared 30th November 2013