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

Anti-social Behaviour, Crime and Policing BillPage 120

(a) designate an international Convention to which the United
Kingdom is a party, and

(b) specify conduct to which the Convention applies.

(2) If the Secretary of State believes, in respect of a request for a person’s
5extradition, that—

(a) the request is for extradition to a territory that is a party to a
Convention designated under subsection (1)(a),

(b) the territory is not a category 1 territory or a category 2 territory,
and

(c) 10the conduct specified in the request is conduct specified under
subsection (1)(b),

the Secretary of State may certify that the conditions in paragraphs (a)
to (c) are satisfied in relation to the extradition of the person.

(3) If the Secretary of State issues a certificate under subsection (2) this Act
15applies in respect of the person’s extradition to the territory as if the
territory were a category 2 territory.

(4) As applied by subsection (3), this Act has effect as if—

(a) sections 71(4), 73(5), 74(11)(b), 84(7), 86(7), 137 and 138 were
omitted;

(b) 20the conduct that constituted an extradition offence for the
purposes of Part 2 were the conduct specified under subsection
(1)(b).

(5) A certificate under subsection (3) in relation to a person is conclusive
evidence that the conditions in paragraphs (a) to (c) of subsection (2) are
25satisfied in relation to the person’s extradition.

149 Credit for time in custody awaiting extradition to United Kingdom to serve
sentence

In section 49 of the Prison Act 1952 (persons unlawfully at large), after
subsection (3) there is inserted—

(3A) 30Where—

(a) a person is extradited to the United Kingdom from a category 1
territory for the purpose of serving a term of imprisonment or
another form of detention mentioned in subsection (2) of this
section, and

(b) 35the person was for any time kept in custody in that territory
with a view to the extradition (and not also for any other
reason),

the Secretary of State shall exercise the power under that subsection to
direct that account shall be taken of that time in calculating the period
40for which the person is liable to be detained.

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

150 Criminal Procedure Rules to apply to extradition proceedings etc

(1) 45In section 68 of the Courts Act 2003 (Criminal Procedure Rules: meaning of

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“criminal court”), at the end there is inserted—

(c) the High Court in relation to its jurisdiction under the
Extradition Act 2003.

(2) In section 1 of the Civil Procedure Act 1997 (Civil Procedure Rules), in
5subsection (1)(b), after “the High Court” there is inserted “except in relation to
its jurisdiction under the Extradition Act 2003”.

(3) In section 157 of the Extradition Act 2003 (production orders), after subsection
(8) there is inserted—

(9) Criminal Procedure Rules may make provision about applications
10under this section to a circuit judge.

(4) In section 160 of that Act (warrants: special procedure material and excluded
material), after subsection (9) there is inserted—

(10) Criminal Procedure Rules may make provision about applications
under this section to a circuit judge.

15Part 13 Criminal justice and court fees

151 Compensation for miscarriages of justice

(1) In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages
of justice) after subsection (1) there is inserted—

(1ZA) 20For the purposes of subsection (1), there has been a miscarriage of
justice in relation to a person convicted of a criminal offence in England
and Wales or, in a case where subsection (6H) applies, Northern
Ireland, if and only if the new or newly discovered fact shows beyond
reasonable doubt that the person was innocent of the offence (and
25references in the rest of this Part to a miscarriage of justice are to be
construed accordingly).

(2) Subsection (1ZA) of section 133 of the Criminal Justice Act 1988 has effect in
relation to—

(a) any application for compensation made under subsection (2) of that
30section on or after the day on which this section comes into force, and

(b) any application for compensation made before that day in relation to
which the question whether there is a right to compensation has not
been finally determined before that day by the Secretary of State under
subsection (3) of that section.

152 35Low-value shoplifting

(1) The Magistrates’ Courts Act 1980 is amended as follows.

(2) In section 2 (trial of summary offences), in subsection (3)(a) for “22” there is
substituted “22A”.

(3) After section 22 there is inserted—

22A 40Low-value shoplifting to be a summary offence

(1) Low-value shoplifting is triable only summarily.

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(2) But where a person accused of low-value shoplifting is aged 18 or over,
and appears or is brought before the court before the summary trial of
the offence begins, the court must give the person the opportunity of
electing to be tried by the Crown Court for the offence and, if the person
5elects to be so tried—

(a) subsection (1) does not apply, and

(b) the court must send the person to the Crown Court for trial for
the offence.

(3) “Low-value shoplifting” means an offence under section 1 of the Theft
10Act 1968 in circumstances where—

(a) the value of the stolen goods does not exceed £200,

(b) the goods were being offered for sale in a shop or any other
premises, stall, vehicle or place from which there is carried on a
trade or business, and

(c) 15at the time of the offence, the person accused of low-value
shoplifting was, or was purporting to be, a customer or
potential customer of the person offering the goods for sale.

(4) For the purposes of subsection (3)(a)—

(a) the value of the stolen goods is the price at which they were
20being offered for sale at the time of the offence, and

(b) where the accused is charged on the same occasion with two or
more offences of low-value shoplifting, the reference to the
value involved has effect as if it were a reference to the
aggregate of the values involved.

(5) 25A person guilty of low-value shoplifting is liable on summary
conviction to—

(a) imprisonment for a period not exceeding 51 weeks (or 6
months, if the offence was committed before the
commencement of section 281(4) and (5) of the Criminal Justice
30Act 2003),

(b) a fine, or

(c) both.

(6) A person convicted of low-value shoplifting by a magistrates’ court
may not appeal to the Crown Court against the conviction on the
35ground that the convicting court was mistaken as to whether the
offence was one of low-value shoplifting.

(7) For the purposes of this section, any reference to low-value shoplifting
includes aiding, abetting, counselling or procuring the commission of
low-value shoplifting.

(4) 40In section 143 (power to alter sums specified in certain provisions)—

(a) after subsection (2)(a) there is inserted—

(aza) section 22A(3)(a) above;;

(b) the word “or” after paragraph (a) of subsection (3) is omitted;

(c) after subsection (3)(a) there is inserted—

(aa) 45in relation to section 22A(3)(a) above, the date of the
coming into force of that section; or.

(5) The Criminal Attempts Act 1981 is amended as follows—

(a) in section 1 (attempting to commit an offence) after subsection (4) there

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is inserted—

(5) This section also applies to low-value shoplifting (which is
defined in, and is triable only summarily by virtue of, section
22A of the Magistrates’ Courts Act 1980).;

(b) 5in section 4 (trial and penalties) in paragraph (c) of subsection (1), after
“either way,” there is inserted “or is low-value shoplifting (which is
defined in, and is triable only summarily by virtue of, section 22A of the
Magistrates’ Courts Act 1980),”.

(6) Any reference in the Police and Criminal Evidence Act 1984 to an “indictable
10offence” has effect as if it included a reference to low-value shoplifting (as
defined in section 22A(3) of the Magistrates’ Courts Act 1980).

(7) In section 84 of the Armed Forces Act 2006 (definitions), after subsection (2)
there is inserted—

(2A) In subsection (2)(a), the reference to an “indictable offence” has effect as
15if it included a reference to low-value shoplifting (as defined in section
22A(3) of the Magistrates’ Courts Act 1980).

(8) The amendments made by this section have effect in relation to—

(a) low-value shoplifting (which is defined in section 22A(3) of the 1980
Act) committed on or after the day on which this section comes into
20force, and

(b) low-value shoplifting committed before that day in respect of which
proceedings have not yet been instituted.

153 Protection arrangements for persons at risk

(1) The Serious Organised Crime and Police Act 2005 is amended as follows.

(2) 25In section 82 (protection of persons involved in investigations or
proceedings)—

(a) in the heading, for “of persons involved in investigations or
proceedings” there is substituted “arrangements for persons at risk”;

(b) in subsection (1), for the words from “a person” to “United Kingdom”
30there is substituted “any person if he reasonably believes that the
person’s safety is at risk in view of the criminal conduct or possible
criminal conduct of another person”;

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

(5A) In subsection (1), “criminal conduct” means conduct which
35constitutes an offence in England and Wales or Scotland, or
would do if it occurred there.

(5B) Nothing in this section prevents a protection provider from
making arrangements under this section for the protection of a
person where non-statutory arrangements have already been
40made in respect of that person.;

(d) subsection (6) is repealed.

(3) Sections 91 and 92 are repealed.

(4) In section 93, paragraph (b) of subsection (1) and the word “or” before it are
repealed.

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(5) In section 172, paragraph (e) of subsection (5) is repealed.

(6) Schedule 5 is repealed.

(7) Nothing in this section affects arrangements made before the commencement
of this section for the purpose of protecting a person under section 82(1) of the
52005 Act.

154 Surcharges: imprisonment in default and remission of fines

(1) In section 82 of the Magistrates’ Courts Act 1980 (restriction on power to
impose imprisonment for default), after subsection (1) there is inserted—

(1A) Subsection (1)(c) above does not apply in relation to a surcharge
10ordered to be paid under section 161A of the Criminal Justice Act 2003.

(2) In section 85 of that Act (power to remit fine), after subsection (3) there is
inserted—

(3A) Where—

(a) the court remits the whole or part of the fine, and

(b) 15the offender was ordered under section 161A of the Criminal
Justice Act 2003 to pay a surcharge the amount of which was set
by reference to the amount of the fine,

the court shall determine how much the surcharge would have been if
the fine had not included the amount remitted, and remit the balance of
20the surcharge.

(3) In section 165 of the Criminal Justice Act 2003 (remission of fines), after
subsection (4) there is inserted—

(5) Where—

(a) under this section the court remits the whole or part of a fine,
25and

(b) the offender was ordered under section 161A to pay a surcharge
the amount of which was set by reference to the amount of the
fine,

the court must determine how much the surcharge would have been if
30the fine had not included the amount remitted, and remit the balance of
the surcharge.

(4) Subsections (2) and (3) apply in any case where the fine, or part of it, is remitted
on or after the day on which this section comes into force.

155 Court and tribunal fees

(1) 35In prescribing a fee under an enactment specified in subsection (2), the Lord
Chancellor may with the consent of the Treasury prescribe a fee of an amount
which is intended to exceed the cost of anything in respect of which the fee is
charged.

(2) The enactments are—

(a) 40section 92 of the Courts Act 2003 (Senior Courts, county courts and
magistrates’ courts fees);

(b) section 54 of the Mental Capacity Act 2005 (Court of Protection fees);

(c) section 58(4)(b) of that Act (Public Guardian fees);

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(d) section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal
fees).

(3) Before prescribing a fee by virtue of subsection (1) under an enactment
specified in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard
5to—

(a) the financial position of the courts and tribunals for which the Lord
Chancellor is responsible, including in particular any costs incurred by
those courts and tribunals that are not being met by current fee income,
and

(b) 10the competitiveness of the legal services market.

(4) For the purposes of subsection (3)(a), the courts and tribunals for which the
Lord Chancellor is responsible are the courts listed in section 1(1) of the Courts
Act 2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and
Enforcement Act 2007.

(5) 15A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental
Capacity Act 2005 must be used to finance the efficient and effective discharge
of functions of the Public Guardian.

(6) A fee prescribed by virtue of subsection (1) under any other enactment
specified in subsection (2) must be used to finance an efficient and effective
20system of courts and tribunals.

(7) A statutory instrument—

(a) containing an order or regulations under an enactment specified in
subsection (2), and

(b) setting a fee for the first time in excess of the cost of anything in respect
25of which the fee is charged,

may not be made unless a draft of the instrument has been laid before both
Houses of Parliament and approved by a resolution of each House.

Part 14 General

156 30Amendments

(1) Schedule 9 (minor and consequential amendments) has effect.

(2) The Secretary of State may by order make consequential amendments to
provisions contained in or made under any Act.

“Consequential amendments” here means amendments that are consequential
35on any provision of this Act, other than the provisions listed in subsection (3)
as they apply in Wales.

“Consequential amendments” here means amendments that are consequential
on any provision of this Act, other than the provisions listed in subsection (3)
as they apply in Wales.

(3) 40The Welsh Ministers may by order make consequential amendments to
provisions contained in or made under any Act or any Measure or Act of the
National Assembly for Wales.

“Consequential amendments” here means amendments that are consequential
on any of the following provisions as they apply in Wales—

45“Consequential amendments” here means amendments that are consequential
on any of the following provisions as they apply in Wales—

(a) sections 86 to 90;

(b) section 92;

(c) paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of
50Schedule 9.

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157 Orders and regulations

(1) A power under this Act to make an order or regulations is exercisable by
statutory instrument, but this does not apply to a power of the Scottish
Ministers to make an order under section 160.

(2) 5A statutory instrument containing an order under section 156(2) that amends
an Act may not be made unless a draft of the instrument has been laid before
both Houses of Parliament and approved by a resolution of each House.

(3) A statutory instrument containing an order under section 156(3) that amends
an Act or a Measure or Act of the National Assembly for Wales may not be
10made unless a draft of the instrument has been laid before and approved by a
resolution of the National Assembly for Wales.

(4) A statutory instrument containing—

(a) an order under this Act made by the Secretary of State, other than an
order within subsection (2) or an order under section 160, or

(b) 15regulations under this Act made by the Secretary of State,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) A statutory instrument containing—

(a) an order under this Act made by the Welsh Ministers, other than an
20order within subsection (3) or an order under section 160, or

(b) regulations under this Act made by the Welsh Ministers,

is subject to annulment in pursuance of a resolution of the National Assembly
for Wales.

(6) An order or regulations under this Act (other than an order under section 160)
25may make saving, transitional, transitory, supplementary or consequential
provision.

158 Financial provision

There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
30so provided.

159 Extent

(1) The following provisions extend to England and Wales only—

(a) Parts 1 to 6;

(b) section 98 except subsections (2)(a)(ii) and (6);

(c) 35section 105;

(d) section 106;

(e) sections 107 and 108;

(f) sections 110 to 116;

(g) section 119(1), (2) and (4);

(h) 40sections 121 to 129;

(i) section 130(1);

(j) sections 133 to 135;

(k) sections 149 and 150;

(l) section 152 except subsection (7);

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(m) section 154.

(2) The following provisions extend to England and Wales and Scotland (but not
Northern Ireland)—

(a) sections 98(2)(a)(ii) and (6) and 99;

(b) 5sections 100, 101 and 103;

(c) section 119(3);

(d) section 153.

(3) The following provisions extend to England and Wales and Northern Ireland
(but not Scotland)—

(a) 10section 118 and Schedule 6;

(b) section 151.

(4) The following provisions extend to England and Wales, Scotland and Northern
Ireland—

(a) section 102;

(b) 15section 104 and Schedule 5;

(c) section 117;

(d) section 119(5);

(e) section 130(2);

(f) section 131 and Schedule 7;

(g) 20section 132 and Schedule 8;

(h) Part 12, except sections 149 and 150;

(i) section 155.

(5) Section 109 extends only to Scotland.

(6) Section 120 extends only to Northern Ireland.

(7) 25Section 152(7) has the same extent as section 84 of the Armed Forces Act 2006,
and the powers conferred by section 384 of that Act (power to extend Act to the
Channel Islands and powers to make provisions of that Act apply with
modifications in relation to the Channel Islands, British overseas territories and
the Isle of Man) are exercisable in relation to the amendment of that Act made
30by section 152(7) of this Act.

(8) An amendment, repeal or revocation made by Schedule 9 has the same extent
as the relevant part of the Act or instrument amended, repealed or revoked.

(9) The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003
(powers to make provisions of that Act apply in relation to British overseas
35territories, the Channel Islands and the Isle of Man) are exercisable in relation
to any amendment of that Act made by this Act.

160 Commencement

(1) This Act comes into force on whatever day or days the Secretary of State
appoints by order.

(2) 40Different days may be appointed for different purposes or different areas.

(3) Subsection (1) does not apply to—

(a) sections 151, 155, 156(2) and (3) and 157 to 161, which come into force
on the day on which this Act is passed;

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(b) section 134, which comes into force at the end of the period of 2 months
beginning with that day;

(c) the provisions listed in subsection (4) as they apply in Wales;

(d) section 133;

(e) 5section 109.

(4) The following provisions, as they apply in Wales, come into force on whatever
day or days the Welsh Ministers appoint by order—

(a) sections 86 to 90;

(b) section 92;

(c) 10paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of
Schedule 9 (and section 156(1) so far as it relates to those paragraphs).

(5) Section 133 comes into force on whatever day the Attorney General appoints
by order.

(6) Section 109 comes into force on whatever day the Scottish Ministers appoint by
15order.

(7) The Secretary of State may by order make whatever saving, transitional or
transitory provision (in addition to the provision in sections 20, 31, 39, 54 and
85) the Secretary of State thinks appropriate in connection with the coming into
force of any provision of this Act, other than the provisions listed in subsection
20(4) as they apply in Wales.

(8) The Welsh Ministers may by order make whatever saving, transitional or
transitory provision they think appropriate in connection with the coming into
force in Wales of the provisions listed in subsection (4) as they apply in Wales.

(9) The Scottish Ministers may by order make whatever saving, transitional or
25transitory provision they think appropriate in connection with the coming into
force of section 109.

(10) An order under this section bringing into force on a particular day a provision
which refers to the Police Negotiating Board for Scotland may, if it appears to
the Secretary of State that no body of that name will be in existence on that day,
30bring the provision into force subject to whatever consequential amendment or
transitional provision the Secretary of State thinks appropriate.

161 Short title

This Act may be cited as the Anti-social Behaviour, Crime and Policing Act
2013.

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SCHEDULES

Section 10

SCHEDULE 1 Remands under sections 8 and 9

Introductory

1 (1) 5This Schedule applies where—

(a) a judge has power to remand a person under section 8(5),

(b) a justice of the peace is required to remand a person under section
8(6), or

(c) a court has power to remand a person under section 9(8).

(2) 10A reference in the following paragraphs of this Schedule to a judge is to be
read as including a justice of the peace.

Remand in custody or on bail

2 (1) The judge or the court may remand the person—

(a) in custody, or

(b) 15on bail.

But a person aged under 18 may not be remanded in custody unless
paragraph 6 applies.

(2) A reference in this Schedule to remanding a person in custody is a reference
to committing the person to custody to be brought before the court at the end
20of the period of remand or at whatever earlier time the court may require.

(3) The judge or the court may remand the person on bail—

(a) by taking from the person a recognizance, with or without sureties,
conditioned as provided in paragraph 3, or

(b) by fixing the amount of the recognizances with a view to their being
25taken subsequently and, in the meantime, committing the person to
custody as mentioned in sub-paragraph (2).

(4) Where a person is brought before the court after remand, the court may
further remand the person.

3 (1) Where a person is remanded on bail, the judge or the court may direct that
30the person’s recognizance be conditioned for his or her appearance—

(a) before the court at the end of the period of remand, or

(b) at every time and place to which during the course of the
proceedings the hearing may from time to time be adjourned.

(2) Where a recognizance is conditioned for a person’s appearance as
35mentioned in sub-paragraph (1)(b), the fixing of a time for the person next to
appear is to be treated as a remand.