Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

(a) for the purpose of meeting expenses pending the receipt of
revenues receivable by the Commissioner in respect of the
period of account in which the expenses are chargeable,

(b) in sterling, and

(c) 5with the consent of the Mayor’s Office for Policing and
Crime.

(2) The Commissioner of Police of the Metropolis—

(a) may not borrow money except as permitted by sub-
paragraph (1);

(b) 10may not enter into a credit arrangement.

(3) The Commissioner of Police of the Metropolis may invest—

(a) for any purpose relevant to the Commissioner’s functions
under any enactment, or

(b) for the purpose of the prudent management of the
15Commissioner’s financial affairs,

but only with the consent of the Mayor’s Office for Policing and
Crime.

(4) The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts), and any regulations made under
20them by the Secretary of State, apply in relation to the Commissioner
of Police of the Metropolis as they apply in relation to a local
authority in England—

(a) section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(c) 25sections 9 to 11 (capital receipts), except for section 11(2)(b)
and (3) to (6);

(d) section 13 (security for money borrowed etc);

(e) section 14 (information);

(f) section 15 (guidance);

(g) 30section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) section 18 (companies etc), ignoring any reference to a
Passenger Transport Executive;

(j) section 20 (directions);

(k) 35sections 21 and 22 (accounts).

(5) Any of those provisions, or regulations made under them by the
Secretary of State, that apply for the purposes of Chapter 1 of Part 1
of the Local Government Act 2003 apply also (so far as relevant) for
the purposes of sub-paragraphs (1) to (3).

(6) 40An order under section 217 of the Local Government and Public
Involvement in Health Act 2007, as it has effect for the purposes of
section 18(2)(b) of the Local Government Act 2003 as applied by sub-
paragraph (4)(i), applies—

(a) with the substitution of a reference to the Commissioner of
45Police of the Metropolis for a reference to a local authority,
and

(b) with any other necessary modifications.”

128 Grants to local policing bodies

(1) In section 46 of the Police Act 1996 (police grant), in subsection (1), for the
words from “for each financial year” to the end of paragraph (b) there is
substituted “for each financial year—

“(a) 5make grants to police and crime commissioners for the
purposes of their functions,

(b) make grants to the Common Council for the purposes of its
functions as police authority, and

(c) make grants to the Greater London Authority for the purposes
10of the functions of the Mayor’s Office for Policing and Crime;”.

(2) The words “for police purposes” are omitted—

(a) in subsection (1) of section 47 of the Police Act 1996 (grants for capital
expenditure);

(b) in subsection (2) of section 92 of that Act (grants by local authorities).

129 15Powers of local policing bodies to provide or commission services

(1) A local policing body may provide or arrange for the provision of—

(a) services that in the opinion of the local policing body will secure, or
contribute to securing, crime and disorder reduction in the body’s area;

(b) services that are intended by the local policing body to help victims or
20witnesses of, or other persons affected by, offences and anti-social
behaviour;

(c) services of a description specified in an order made by the Secretary of
State.

(2) An order under subsection (1)(c) may make different provision for different
25areas.

(3) A local policing body arranging for the provision of services under this section
may make grants in connection with the arrangements.

A grant may be subject to any conditions (including conditions as to
repayment) that the local policing body thinks appropriate.

30A grant may be subject to any conditions (including conditions as to
repayment) that the local policing body thinks appropriate.

(4) In this section—

• “anti-social behaviour” means behaviour by a person that causes or is
  likely to cause harassment, alarm or distress to one or more other
  35persons not of the same household as that person;

• “crime and disorder reduction” means reduction in levels of—

  (a)

  crime and disorder (including anti-social behaviour and other
  behaviour adversely affecting the local environment),

  (b)

  the misuse of drugs, alcohol and other substances, and

  (c)

  40re-offending.

Miscellaneous

130 Retention of personal samples that are or may be disclosable

(1) In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and
samples etc: exclusions from destruction rules)—

(a) in subsection (5) (material that is or may become disclosable to the
defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted
“Sections 63D to 63T”;

(b) after that subsection there is inserted—

“(5A) 5A sample that—

(a) falls within subsection (5), and

(b) but for that subsection would be required to be
destroyed under section 63R,

must not be used other than for the purposes of any
10proceedings for the offence in connection with which the
sample was taken.

(5B) A sample that once fell within subsection (5) but no longer does,
and so becomes a sample to which section 63R applies, must be
destroyed immediately if the time specified for its destruction
15under that section has already passed.”

(2) In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in
paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of
Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction
rules of material that is or may become disclosable to the defence)—

(a) 20for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A
material” there is substituted “Paragraphs 20A to 20H do not apply to
material”;

(b) at the end of that paragraph (which becomes sub-paragraph (1)) there
is inserted—

“(2) 25A sample that—

(a) falls within sub-paragraph (1), and

(b) but for that sub-paragraph would be required to be
destroyed under paragraph 20G,

must not be used other than for the purposes of any
30proceedings for the offence in connection with which the
sample was taken.

(3) A sample that once fell within sub-paragraph (1) but no
longer does, and so becomes a sample to which paragraph
20G applies, must be destroyed immediately if the time
35specified for its destruction under that paragraph has already
passed.”

131 Powers to seize invalid passports etc

Schedule 7 (powers to seize invalid passports etc) has effect.

132 Port and border controls

40Schedule 8 (which amends Schedules 7 and 8 to the Terrorism Act 2000) has
effect.

133 Inspection of Serious Fraud Office

(1) In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions
of the Chief Inspector of the Crown Prosecution Service), for subsection (4)

there is substituted—

“(4) This section applies to—

(a) the Revenue and Customs Prosecutions Office, and

(b) the Serious Fraud Office,

5as it applies to the Crown Prosecution Service.”

(2) In section 3 of the Criminal Justice Act 1987 (disclosure of information by
Serious Fraud Office)—

(a) the word “and” before paragraph (c) of subsection (1) is omitted;

(b) after that paragraph there is inserted “; and

“(d) 10in order to comply with a requirement imposed under
paragraph 7 of the Schedule to the Crown Prosecution
Service Inspectorate Act 2000,”;

(c) in subsection (3), for the words from “by a member of the Serious Fraud
Office” to “or elsewhere and” there is substituted “by a member of the
15Serious Fraud Office—

“(a) for the purposes of any prosecution in England and
Wales, Northern Ireland or elsewhere, or

(b) in order to comply with a requirement imposed under
paragraph 7 of the Schedule to the Crown Prosecution
20Service Inspectorate Act 2000,

and”.

134 Fees for criminal record certificates etc

In Part 5 of the Police Act 1997 (criminal record certificates etc), in section 125
(regulations), after subsection (1) there is inserted—

“(1A) 25In prescribing the amount of a fee that—

(a) is payable in relation to applications under a particular
provision of this Part, but

(b) is not payable in relation to applications made by volunteers,

the Secretary of State may take into account not only the costs
30associated with applications in relation to which the fee is payable but
also the costs associated with applications under that provision made
by volunteers.”

135 Power of community support officer to issue fixed penalty notice for cycle
light offence

(1) 35Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community
support officers) is amended as follows.

(2) In sub-paragraph (2)(b) of paragraph 1 (power to issue fixed penalty notices)—

(a) for “in respect of an offence” there is substituted “in respect of—

“(i) an offence”;

(b) 40at the end there is inserted “, or

“(ii) an offence, under section 42 of the Road
Traffic Act 1988, of contravening or failing to
comply with a construction or use
requirement about lighting equipment or
45reflectors for cycles;”.

(3) In sub-paragraph (2) of paragraph 11A (power to stop cycles)—

(a) for “has committed an offence” there is substituted “has committed—

“(a) an offence”;

(b) at the end there is inserted “, or

“(b) 5an offence, under section 42 of the Road Traffic Act
1988, of contravening or failing to comply with a
construction or use requirement about lighting
equipment or reflectors for cycles;”.

Part 12 10Extradition

136 Date of extradition hearing

In section 8 of the Extradition Act 2003 (date of extradition hearing etc:
extradition to category 1 territory) after subsection (4) there is inserted—

“(4A) But if proceedings in respect of the extradition are adjourned under
15section 8A or 8B, the permitted period is extended by the number of
days for which the proceedings are so adjourned.”

137 Extradition barred if no prosecution decision in requesting territory

(1) In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph
(a) of subsection (1) there is inserted—

“(aa) 20absence of prosecution decision;”.

(2) After section 12 of that Act there is inserted—

“12A Absence of prosecution decision

(1) A person’s extradition to a category 1 territory is barred by reason of
absence of prosecution decision if (and only if)—

(a) 25it appears to the appropriate judge that there are reasonable
grounds for believing that—

(i) the competent authorities in the category 1 territory
have not made a decision to charge or have not made a
decision to try (or have made neither of those decisions),
30and

(ii) the person’s absence from the category 1 territory is not
the sole reason for that failure,

and

(b) those representing the category 1 territory do not prove that—

(i) 35the competent authorities in the category 1 territory
have made a decision to charge and a decision to try, or

(ii) in a case where one of those decisions has not been made
(or neither of them has been made), the person’s absence
from the category 1 territory is the sole reason for that
40failure.

(2) In this section “to charge” and “to try”, in relation to a person and an
extradition offence, mean—

(a) to charge the person with the offence in the category 1 territory,
and

(b) to try the person for the offence in the category 1 territory.”

(3) In a case where the Part 1 warrant (within the meaning of the Extradition Act
52003) has been issued before the time when the amendments made by this
section come into force, those amendments apply to the extradition concerned
only if, at that time, the judge has not yet decided all of the questions in section
11(1) of that Act.

138 Proportionality

(1) 10In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (5),
for “21” there is substituted “21A”.

(2) After section 21 of that Act there is inserted—

“21A Person not convicted: human rights and proportionality

(1) If the judge is required to proceed under this section (by virtue of
15section 11), 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;

(b) 20whether 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 (so far as the judge thinks it appropriate to do so); but
the judge must not take any other matters into account.

(3) 25These are the specified matters relating to proportionality—

(a) the seriousness of the conduct alleged to constitute the
extradition offence;

(b) the likely penalty that would be imposed if D was found guilty
of the extradition offence;

(c) 30the possibility of the relevant foreign authorities taking
measures that would be less coercive than the extradition of D.

(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
35Convention 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) 40that 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
45territory.

(7) If the person is remanded in custody, the appropriate judge may later
grant bail.

(8) In this section “relevant foreign authorities” means the authorities in
the territory to which D would be extradited if the extradition went
5ahead.”

(3) In deciding any question whether section 21A 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
10procedures 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).

(4) In a case where the Part 1 warrant (within the meaning of the Extradition Act
152003) has been issued before the time when the amendments made by this
section come into force, those amendments apply to the extradition concerned
only if, at that time, the judge has not yet decided all of the questions in section
11(1) of that Act.

139 Hostage-taking considerations

(1) 20Section 16 of the Extradition Act 2003 (extradition to category 1 territory barred
by reason of hostage-taking considerations) is repealed.

(2) In section 11 of that Act (bars to extradition), paragraph (e) of subsection (1) is
omitted.

(3) In a case where the Part 1 warrant (within the meaning of the Extradition Act
252003) has been issued before the time when the amendments made by this
section come into force, those amendments apply to the extradition concerned
only if, at that time, the judge has not yet decided all of the questions in section
11(1) of that Act.

140 Request for temporary transfer etc

30Before section 22 of the Extradition Act 2003 there is inserted—

“21B Request for temporary transfer etc

(1) This section applies if—

(a) a Part 1 warrant is issued which contains the statement referred
to in section 2(3) (warrant issued for purposes of prosecution for
35offence in category 1 territory), and

(b) at any time before or in the extradition hearing, the appropriate
judge is informed that a request under subsection (2) or (3) has
been made.

(2) A request under this subsection is a request by a judicial authority of
40the category 1 territory in which the warrant is issued (“the requesting
territory”)—

(a) that the person in respect of whom the warrant is issued be
temporarily transferred to the requesting territory, or

(b) that arrangements be made to enable the person to speak with
45representatives of an authority in the requesting territory

responsible for investigating, prosecuting or trying the offence
specified in the warrant.

(3) A request under this subsection is a request by the person in respect of
whom the warrant is issued—

(a) 5to be temporarily transferred to the requesting territory, or

(b) that arrangements be made to enable the person to speak with
representatives of an authority in the requesting territory
responsible for investigating, prosecuting or trying the offence
specified in the warrant.

(4) 10The judge must order further proceedings in respect of the extradition
to be adjourned if the judge thinks it necessary to do so to enable the
person (in the case of a request under subsection (2)) or the authority by
which the warrant is issued (in the case of a request under subsection
(3)) to consider whether to consent to the request.

15An adjournment under this subsection must not be for more than 7
days.

An adjournment under this subsection must not be for more than 7
days.

(5) If the person or authority consents to the request, the judge must—

(a) 20make whatever orders and directions seem appropriate for
giving effect to the request;

(b) order further proceedings in respect of the extradition to be
adjourned for however long seems necessary to enable the
orders and directions to be carried out.

(6) 25If the request, or consent to the request, is withdrawn before effect (or
full effect) has been given to it—

(a) no steps (or further steps) may be taken to give effect to the
request;

(b) the judge may make whatever further orders and directions
30seem appropriate (including an order superseding one made
under subsection (5)(b)).

(7) A person may not make a request under paragraph (a) or (b) of
subsection (3) in respect of a warrant if the person has already given
consent to a request under the corresponding paragraph of subsection
35(2) in respect of that warrant (even if that consent has been withdrawn).

(8) A person may not make a further request under paragraph (a) or (b) of
subsection (3) in respect of a warrant if the person has already made a
request under that paragraph in respect of that warrant (even if that
request has been withdrawn).

(9) 40If—

(a) a request under subsection (2) or (3) is made before a date has
been fixed on which the extradition hearing is to begin, and

(b) the proceedings are adjourned under this section,

the permitted period for the purposes of fixing that date (see section
458(4)) is extended by the number of days for which the proceedings are
so adjourned.”

141 Appeals

(1) In section 26 of the Extradition Act 2003 (appeal against extradition order:
category 1 territory)—

(a) in subsection (3), for “section may” there is substituted “section—

“(a) may”;

(b) at the end of that subsection there is inserted “, but

“(b) lies only with the leave of the High Court.”;

(c) 5after subsection (4) there is inserted—

“(5) But where a person gives notice of application for leave to
appeal after the end of the permitted period, the High Court
must not for that reason refuse to entertain the application if the
person did everything reasonably possible to ensure that the
10notice was given as soon as it could be given.”

(2) In section 28 of that Act (appeal against discharge at extradition hearing:
category 1 territory)—

(a) in subsection (4), for “section may” there is substituted “section—

“(a) may”;

(b) 15at the end of that subsection there is inserted “, but

“(b) lies only with the leave of the High Court.”

(3) In section 103 of that Act (appeal where case sent to Secretary of State)—

(a) in subsection (4), for “section may” there is substituted “section—

“(a) may”;

(b) 20at the end of that subsection there is inserted “, but

“(b) lies only with the leave of the High Court.”;

(c) after subsection (9) there is inserted—

“(10) But where a person gives notice of application for leave to
appeal after the end of the permitted period, the High Court
25must not for that reason refuse to entertain the application if the
person did everything reasonably possible to ensure that the
notice was given as soon as it could be given.”

(4) In section 105 of that Act (appeal against discharge at extradition hearing:
category 2 territory)—

(a) 30in subsection (4), for “section may” there is substituted “section—

“(a) may”;

(b) at the end of that subsection there is inserted “, but

“(b) lies only with the leave of the High Court.”

(5) In section 108 of that Act (appeal against extradition order: category 2
35territory)—

(a) in subsection (3), for “section may” there is substituted “section—

“(a) may”;

(b) at the end of that subsection there is inserted “, but

“(b) lies only with the leave of the High Court.”;

(c) 40after subsection (7) there is inserted—

“(7A) Where a person gives notice of application for leave to appeal
after the end of the permitted period (whether or not the
application is for leave to appeal on human rights grounds), the
High Court must not for that reason refuse to entertain the
45application if the person did everything reasonably possible to
ensure that the notice was given as soon as it could be given.”

(6) In section 110 of that Act (appeal against discharge by Secretary of State)—

(a) in subsection (4), for “section may” there is substituted “section—

“(a) may”;

(b) at the end of that subsection there is inserted “, but

“(b) 5lies only with the leave of the High Court.”

142 Judge informed after extradition hearing or order that person charged with
offence or serving sentence in United Kingdom

(1) After section 36 of the Extradition Act 2003 there is inserted—

“36A Judge informed after extradition hearing that person charged with
10offence in United Kingdom

(1) This section applies if—

(a) an order has been made for the extradition of the person in
respect of whom the Part 1 warrant is issued, and

(b) before the extradition order is carried out the appropriate judge
15is informed that the person is charged with an offence in the
United Kingdom.

(2) The appropriate judge must order the extradition order not to be
carried out until one of these occurs—

(a) the charge is disposed of;

(b) 20the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in relation to
Scotland, the diet is deserted pro loco et tempore.

(3) If a sentence of imprisonment or another form of detention is imposed
25in respect of the offence charged, the appropriate judge may order the
extradition order not to be carried out until the person is released from
detention pursuant to the sentence (whether on licence or otherwise).

(4) Rules of court may provide that where there is an appeal against the
extradition order —

(a) 30a reference in this section to the appropriate judge has effect, in
prescribed circumstances, as if it were a reference to the court
hearing the appeal, and

(b) this section has effect with any other prescribed modifications.

36B Judge informed after extradition hearing that person serving sentence
35in United Kingdom

(1) This section applies if—

(a) an order has been made for the extradition of the person in
respect of whom the Part 1 warrant is issued, and

(b) before the extradition order is carried out the appropriate judge
40is informed that the person is serving a sentence of
imprisonment or another form of detention in the United
Kingdom.

(2) The appropriate judge may order the extradition order not to be carried
out until the person is released from detention pursuant to the sentence
45(whether on licence or otherwise).