Anti-social Behaviour, Crime and Policing Bill

third
marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 18th December 2013, as follows—

Clauses 111 to 120
Schedule 6
Clauses 121 to 138
Schedule 7
Clause 139
Schedule 8
Clauses 140 to 142
Schedule 9
Clauses 143 to 166
Schedule 10
Clauses 167 to 171

[Amendments marked * are new or have been altered]

Before Clause 111

LORD HARRIS OF HARINGEY

LORD BLAIR OF BOUGHTON

92

Insert the following new Clause—

“Crime and disorder reduction: development control

(1)   The Secretary of State shall designate a body representative of chief officers
of police for the purposes of this section.

(2)   A body designated under this section shall publish guidelines that specify
for a particular type of development the measures that should be included
in that development to promote—

(a)   crime and disorder reduction, and

(b)   the prevention of anti-social behaviour.

(3)   Guidelines under this section shall only be produced following
consultation with organisations that represent—

(a)   local authorities, and

(b)   persons engaged in the design and construction of developments
requiring planning permission.

(4)   A planning authority may, in respect of any application that it receives for
planning permission, specify as a condition for the approval of that
planning permission that the development concerned must follow
guidelines published under this section.

(5)   A planning authority may only specify a condition under subsection (4) if
it is satisfied that to do so would promote—

(a)   crime and disorder reduction, or

(b)   the prevention of anti-social behaviour.”

BARONESS SMITH OF BASILDON

LORD ROSSER

92A

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 are 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 defined by the Home
Secretary in a motion passed by both Houses of Parliament
before this section is enacted;

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

Clause 128

LORD BLAIR OF BOUGHTON

LORD CONDON

92B

Page 99, line 27, at end insert “subject to the successful completion of developed
(or equivalent) security vetting”

After Clause 131

LORD MARLESFORD

93

Insert the following new Clause—

“Littering from vehicles

Civil penalty for littering from vehicles

(1)   A littering contravention in relation to a vehicle occurs when a person
inside the vehicle acts in contravention of section 87 of the Environmental
Protection Act 1990 (offence of leaving litter).

(2)   A civil enforcement officer may impose a civil penalty if a littering
contravention under subsection (1) has taken place.

(3)   The registered keeper of the vehicle shall for the purposes of section 87 of
the Environmental Protection Act 1990 be treated as knowingly causing the
littering contravention whether or not he gave any instruction for this to be
done and shall be the recipient for a civil penalty under subsection (2).

(4)   A civil penalty is not payable under this section by the owner of a vehicle
if that vehicle is—

(a)   a public service vehicle, within the meaning of the Public Passenger
Vehicles Act 1981;

(b)   a hackney carriage licensed under the Town Police Clauses Act
1847 or the Metropolitan Public Carriage Act 1869;

(c)   a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976 (licensing of private hire
vehicles);

and the person acting in contravention under this section is a passenger in
that vehicle.

(5)   The amount of a civil penalty under subsection (2) is to be specified in
regulations.

(6)   The procedure for imposing a civil penalty on a person and for recovery of
costs is to be set out in regulations.

(7)   The regulations must, in particular, require the responsible authority to
give the person written notice specifying—

(a)   the amount of the penalty,

(b)   the reasons for imposing it, and

(c)   the date by which and manner in which it is to be paid.

(8)   Regulations may—

(a)   give a person on whom a civil penalty is imposed a right to appeal
against the decision to an adjudicator;

(b)   specify the grounds on which a person may request an appeal;

(c)   specify the time within which a person must request an appeal;

(d)   make provision for and in connection with the appointment of
adjudicators;

(e)   make further provision about appeals (including provision as to the
powers available on an appeal).

(9)   The registered keeper of the vehicle for the purposes of this section shall be
taken to be the person in whose name the vehicle was registered under the
Vehicle Excise and Registration Act 1994 at the time of the contravention.

(10)   A civil enforcement officer under this section must be—

(a)   an individual employed by the responsible authority, or

(b)   where the authority has made arrangements with any person for
the purposes of this section, an individual employed by that person
to act as a civil enforcement officer.

(11)   A vehicle for the purposes of this section is a motor vehicle as defined in
section 185(1) of the Road Traffic Act 1988.”

Clause 132

LORD TAYLOR OF HOLBEACH

93ZA

Transpose Clause 132 to after Clause 106

Clause 133

LORD TAYLOR OF HOLBEACH

93ZB

Transpose Clause 133 to after Clause 106

Clause 134

LORD TAYLOR OF HOLBEACH

93ZC

Transpose Clause 134 to after Clause 106

Clause 139

LORD TAYLOR OF HOLBEACH

93ZD

Page 107, line 22, leave out “which amends” and insert “amendments of or relating
to”

Schedule 8

LORD PANNICK

LORD LESTER OF HERNE HILL

BARONESS KENNEDY OF THE SHAWS

LORD HOPE OF CRAIGHEAD

93A

Page 178, line 8, at end insert—

“Limits on duty to give information and documents

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

93B

Page 178, line 17, 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).”

93C

Page 178, line 25, at end insert—

“2A In paragraph 8(1) of Schedule 7 to the Terrorism Act 2000, before “An
examining officer” insert “Subject to paragraph 9A below,”.”

93D

Page 179, line 14, at end insert—

“3A In paragraph 9(1) of Schedule 7 to the Terrorism Act 2000, before “An
examining officer” insert “Subject to paragraph 9A below,”.

3B In Schedule 7 to the Terrorism Act 2000, after paragraph 9 insert—

“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.”.”

LORD TAYLOR OF HOLBEACH

93E

Page 179, line 35, at end insert—

“( )   In paragraph 1(5) (definition of examining officer) for “paragraph” there
is substituted “Schedule”.

( )   In paragraph 2(2)(d), the words “(within the meaning of that Schedule)”
are omitted.”

93F

Page 179, line 38, at end insert—

“( )   After paragraph 7 there is inserted—

“7A    (1)   This paragraph applies where a person detained under
Schedule 7 requests to consult a solicitor.

(2)   The examining officer may not question the detained person
under paragraph 2 or 3 of Schedule 7 until the person has
consulted a solicitor (or no longer wishes to do so).

(3)   Sub-paragraph (2) does not apply if the examining officer
reasonably believes that postponing the questioning until then
would be likely to prejudice determination of the relevant
matters.

“(4)   The powers given by paragraph 8 of Schedule 7 (search
powers where a person is questioned under paragraph 2 of
Schedule 7) may be used when questioning is postponed
because of sub-paragraph (2).

(5)   The detained person is entitled to consult a solicitor in person.

(6)   Sub-paragraph (5) does not apply if the examining officer
reasonably believes that the time it would take to consult a
solicitor in person would be likely to prejudice determination
of the relevant matters.

(7)   In that case the examining officer may require any
consultation to take place in another way.

(8)   In this paragraph “the relevant matters” means the matters the
examining officer seeks to determine under paragraph 2 or 3
of Schedule 7.””

93G

Page 180, line 5, at end insert—

“( )   After paragraph 16 there is inserted—

“16A   (1)  This paragraph applies where a person detained under
Schedule 7 requests to consult a solicitor.

(2)   The examining officer may not question the detained person
under paragraph 2 or 3 of Schedule 7 until the person has
consulted a solicitor (or no longer wishes to do so).

(3)   Sub-paragraph (2) does not apply if the examining officer
reasonably believes that postponing the questioning until then
would be likely to prejudice determination of the relevant
matters.

“(4)   The powers given by paragraph 8 of Schedule 7 (search
powers where a person is questioned under paragraph 2 of
Schedule 7) may be used when questioning is postponed
because of sub-paragraph (2).

(5)   The detained person is entitled to consult a solicitor in person.

(6)   Sub-paragraph (5) does not apply if the examining officer
reasonably believes that the time it would take to consult a
solicitor in person would be likely to prejudice determination
of the relevant matters.

(7)   In that case the examining officer may require any
consultation to take place in another way.

(8)   In this paragraph “the relevant matters” means the matters the
examining officer seeks to determine under paragraph 2 or 3
of Schedule 7.””

93H

Page 180, line 9, at end insert—

“( )   in sub-paragraph (1), for “and” there is substituted “to”;”

93J

Page 180, leave out lines 34 to 39 and insert—

“General requirements

20K   (1)  A person’s detention under Schedule 7 must be periodically
reviewed by a review officer.

(2)   The first review must be carried out before the end of the
period of one hour beginning with the person’s detention
under that Schedule.

(3)   Subsequent reviews must be carried out at intervals of not
more than two hours.”

93K

Page 181, line 8, leave out “paragraph” and insert “Part of this Schedule”

93L

Page 181, line 18, at end insert—

“( )   The Secretary of State must under paragraph 6 of Schedule 14
issue a code of practice about reviews under this Part of this
Schedule.”

93M

Page 181, line 20, at end insert—

“Representations

20L   (1)  Before determining whether to authorise a person’s continued
detention, a review officer must give either of the following
persons an opportunity to make representations about the
detention—

(a)   the detained person, or

(b)   a solicitor representing the detained person who is
available at the time of the review.

(2)   Representations may be oral or written.

(3)   A review officer may refuse to hear oral representations from
the detained person if the officer considers that the detained
person is unfit to make representations because of the
detained person’s condition or behaviour.

Rights

20M   (1)  Where a review officer authorises continued detention the
officer must inform the detained person—

(a)   of any of the detained person’s rights under
paragraphs 6 and 7 which have not yet been exercised,
and

(b)   if the exercise of any of those rights is being delayed in
accordance with the provisions of paragraph 8, of the
fact that it is being delayed.

(2)   Where a review of a person’s detention is being carried out at
a time when the person’s exercise of a right under paragraph
6 or 7 is being delayed—

(a)   the review officer must consider whether the reason or
reasons for which the delay was authorised continue to
subsist, and

(b)   if in the review officer’s opinion the reason or reasons
have ceased to subsist, the review officer must inform
the officer who authorised the delay of that opinion
(unless the review officer was that officer).

(3)   In the application of this paragraph to Scotland, for the
references to paragraphs 6, 7 and 8 substitute references to
paragraph 16.

Record

20N   (1)  A review officer carrying out a review must make a written
record of the outcome of the review and of any of the following
which apply—

(a)   the fact that the officer is satisfied that continued
detention is necessary for the purposes of exercising a
power under paragraph 2 or 3 of Schedule 7,

(b)   the fact that the detained person has been informed as
required under paragraph 20M(1),

(c)   the officer’s conclusion on the matter considered under
paragraph 20M(2)(a), and

(d)   the fact that the officer has taken action under
paragraph 20M(2)(b).

(2)   The review officer must inform the detained person whether
the officer is authorising continued detention, and if so that the
officer is satisfied that continued detention is necessary for the
purposes of exercising a power under paragraph 2 or 3 of
Schedule 7.

(3)   Sub-paragraph (2) does not apply where the detained person
is—

(a)   incapable of understanding what is said,

(b)   violent or likely to become violent, or

(c)   in urgent need of medical attention.””

93N

Page 181, line 20, at end insert—

“Codes of practice

   (1)   Schedule 14 to the Terrorism Act 2000 (exercise of powers—codes of
practice etc) is amended as follows.

(2)   In paragraph 1, after ““officer” means” there is inserted “(subject to
paragraph 6A)”.

(3)   After paragraph 6 there is inserted—

“6A In paragraphs 5 and 6, “officer” includes a constable,
immigration officer or customs officer who—

(a)   has functions under Schedule 7, or

(b)   has functions under Schedule 8 in relation to a person
detained under Schedule 7,

otherwise than as an examining officer.””

otherwise than as an examining officer.””

Clause 140

LORD TAYLOR OF HOLBEACH

93P

Page 107, line 26, leave out from “Service),” to end of line 31 and insert “after
subsection (3) there is inserted—

“(3A)    This section applies to the Serious Fraud Office as it applies to the
Crown Prosecution Service.””

After Clause 140

LORD TAYLOR OF HOLBEACH

93Q

Insert the following new Clause—

“Jurisdiction of Investigatory Powers Tribunal over Surveillance
Commissioners

(1)   Section 91 of the Police Act 1997 (Surveillance Commissioners) is amended
as follows.

(2)   In subsection (10), for “sections 104 and 106” there is substituted “section
104”.

(3)   After subsection (10) there is inserted—

“(11)   Subsection (10) is not to be read as affecting the jurisdiction of the
Tribunal conferred by section 65 of the Regulation of Investigatory
Powers Act 2000 or section 23 of the Regulation of Investigatory
Powers (Scotland) Act 2000.””

After Clause 142

LORD DEBEN

THE LORD BISHOP OF NEWCASTLE

THE COUNTESS OF MAR

BARONESS O’CATHAIN

93R

Insert the following new Clause—

“Use of amplified noise equipment in vicinity of the Palace of Westminster

(1)   The Police Reform and Social Responsibility Act 2011 is amended as
follows.

(2)   After section 142 there is inserted—

“142A           Other controlled areas in vicinity of the Palace of Westminster

(1)   For the purposes of this Part, the “Palace of Westminster controlled
area” means the area of land in the City of Westminster that is
comprised in—

(a)   the highways in the postal district SW1 known as—

(i)   Bridge Street,

(ii)   St Margaret’s Street, and

(iii)   Abingdon Street,

(b)   so much of the highway in the postal district SW1 known as
Great College Street as immediately adjoins Abingdon
Street Garden,

(c)   Old Palace Yard,

(d)   Abingdon Street Garden (and its pathways), and

(e)   Victoria Tower Gardens.

(2)   In subsection (1)—

“Abingdon Street Garden” means the garden constructed on
the sites of properties formerly known as 18 to 28 (both
inclusive) Abingdon Street, London, SW1, together with the
garden surrounding the adjoining Jewel Tower and the
lawn surrounding the King George V Memorial;

“highway” has the same meaning as in the Highways Act 1980
(see section 328 of that Act);

“Old Palace Yard” includes the King George V Memorial.”

(3)   In section 143 (prohibited activities in controlled area of Parliament
Square)—

(a)   in the title, at the end there is inserted “or in Palace of Westminster
controlled area
”, and

(b)   in subsection (2)(a) after “Parliament Square” there is inserted “or in
the Palace of Westminster controlled area”.

(4)   In section 144 (directions under section 143: further provision), in
subsection (5) after “Parliament Square” there is inserted “, or the Palace of
Westminster controlled area,”.

(5)   In section 145 (power to seize property)—

(a)   in subsection (1) at the end there is inserted “in that area”,

(b)   after that subsection there is inserted—

“(1A)    A constable or authorised officer may seize and retain a
prohibited item that is on any land in the Palace of
Westminster controlled area if it appears to that constable or
officer that the item is being, or has been, used in connection
with the commission of an offence under section 143 in that
area.”,

(c)   in subsection (2) at the end there is inserted “in that area”,

(d)   after that subsection there is inserted—

“(2A)    A constable may seize and retain a prohibited item that is on
any land outside of the Palace of Westminster controlled
area if it appears to the constable that the item has been used
in connection with the commission of an offence under
section 143 in that area.”, and

(e)   in subsection (8), for “subsections (1) and (2)” there is substituted
“this section”.

(6)   In section 146 (power of court on conviction)—

(a)   in subsection (1)(b) for “the controlled area of Parliament Square”
there is substituted “a relevant area”,

(b)   in subsection (2) for “the controlled area of Parliament Square”
there is substituted “a relevant area”, and

(c)   after that subsection there is inserted—

“(2A)    In this section “relevant area” means an area consisting of
either or both of the following areas—

(a)   the controlled area of Parliament Square, and

(b)   the Palace of Westminster controlled area.”

(7)   In section 147 (authorisation for operation of amplified noise equipment),
in subsection (1)—

(a)   after “Parliament Square” there is inserted “or the Palace of
Westminster controlled area”, and

(b)   after “that land” there is inserted “(or any part of it)”.

(8)   In section 148 (meaning of “authorised officer” and “responsible
authority”)—

(a)   in subsection (2) after “Parliament Square” there is inserted “, or in
relation to any land in the Palace of Westminster controlled area
other than Royal Park land,”, and

(b)   after subsection (3) there is inserted—

“(4)   “Responsible authority”, in relation to any land in the Palace
of Westminster controlled area, means—

(a)   the Secretary of State, for any land comprised in
Royal Park land;

(b)   Westminster City Council, for any other land.

(5)   In this section “Royal Park land” means any land of a
description specified in Schedule 1 to the Royal Parks and
Other Open Spaces Regulations 1997 (S.I. 1997/1639), as
that Schedule has effect on the day on which the Anti-social
Behaviour, Crime and Policing Act 2014 is passed.”

(9)   In section 149 (effect of Part on byelaws), in subsection (3), after
“Parliament Square” there is inserted “or the Palace of Westminster
controlled area”.

(10)   In the italic cross-heading before section 142, for “Garden and adjoining
pavements” there is substituted “etc”.

(11)   In the title of Part 3, for “Garden and surrounding area” there is substituted
“etc”.”

BARONESS HENIG

LORD STEVENS OF KIRKWHELPINGTON

BARONESS HARRIS OF RICHMOND

94

Insert the following new Clause—

“Amendments to the licensing regime for private security businesses

(1)   Sections 42 and 43 of, and Schedule 1 to, the Crime and Security Act 2010
are repealed.

(2)   The Private Security Industry Act 2001 is amended as follows.

(3)   After section 4 there is inserted—

“4A Requirement to license businesses undertaking work for or on
behalf of public authorities

(1)   It shall be an offence for a business to engage in any licensable
conduct except under and in accordance with a license.

(2)   A business engages in licensable conduct if it—

(a)   is contracted with a public authority, or

(b)   seeks contracts with a public authority,

to undertake any of the activities contained in Schedule 2, or acts as
a sub-contractor to another business which meets the criteria in
paragraph (b) or (c).

(3)   In this section—

“a business” is defined as any body corporate, Scottish
partnership or unincorporated association;

“public authority” is any person certain whose functions are
functions of a public nature.

(4)   The Authority may publish, under section 7(1), different criteria for
businesses as to those it applies to individuals.

(5)   The Authority shall—

(a)   publish a code of conduct for licensed businesses to which
licensed businesses shall be expected to adhere;

(b)   publish a list of sanctions for non-adherence by a licensed
business to the code produced under subsection (5)(a)
which may include, but is not limited to, fines, suspension
of licence, withdrawal of licence and criminal prosecution;

(c)   impose sanctions from the list prepared under subsection
(5)(b) to any business it deems to have breached or failed to
comply with the code produced under subsection (5)(a).”

(4)   In section 11 (appeals in licensing matters), in subsection (1)—

(a)   at the end of paragraph (b), delete “or”, and

(b)   at the end of paragraph (c), insert “or

(d)   sanctions are imposed on a licensed business under section
4C(5)(c).”

(5)   After section 22 there is inserted—

“22A          Information relating to license holders

(1)   Information held by any person for the purposes of, or for any
purpose connected with, the exercise of functions under this Act—

(a)   may be supplied to any other person for use for any such
purpose, and

(b)   may be supplied to any person having functions in relation
to—for use for the purposes of, or for any purpose connected
with, those functions.

(i)   the enforcement of any other enactment applying to
the operations of a licensed person or licensed
business,

(ii)   offences committed by any person in connection
with or by reason of their doing work to which this
Act applies,

  for use for the purposes of, or for any purpose connected with, those functions.

(2)   Information relating to the operations or licensing of a licensed
person or licensed business which is held by any person for the
purposes of, or for any purpose connected with, such functions as
are mentioned in subsection (1)(b) may be supplied to any person
having functions under this Act for the purposes of, or for any
purpose connected with, the exercise of those functions.

(3)   Information supplied under subsection (2) by or on behalf of the
Commissioners of Inland Revenue or the Commissioners of
Customs and Excise must not be supplied by the recipient to any
other person without the consent of the Commissioners concerned.

(4)   This section—

(a)   has effect notwithstanding any restriction on the disclosure
of information imposed by any enactment or rule of law,
and

(b)   does not limit the circumstances in which information may
be used or supplied apart from this section.

(5)   In this section “enactment” means and Act of Parliament, an Act of
the Scottish Parliament or any Northern Ireland legislation or any
instrument made under or having effect by virtue of an Act of
Parliament, an Act of the Scottish Parliament or any Northern
Ireland legislation.

(6)   References in this section to a person having functions of any
description include references to any person providing, or
employed in the provision of, services for that person in connection
with those functions.””

Schedule 9

LORD BERKELEY

94A

Page 182, line 12, at end insert “or the driver of a vehicle”

94B*

Page 182, line 16, at end insert “or committed by a driver who fails to comply with
the stopline and references to light signals in Regulation 43 of the Traffic Signs
Regulations and General Directions 2002”

94C

Page 182, line 20, at end insert “which shall not come into effect until 5 years after
the relevant construction and use regulations have been brought into effect”

94D

Page 182, line 32, at end insert—

“(2C)    Before community support officers or police officers are
authorised to enforce any of the offences listed in sub-paragraph
(2B) relating to cyclists, they shall undertake a recognised cycle
training course and provide evidence of this if requested.”

Clause 148

LORD HODGSON OF ASTLEY ABBOTTS

94DA*

Page 112, line 36, leave out paragraphs (a) and (b)

94DB*

Page 113, line 1, leave out subsection (2)

94DC*

Page 113, line 8, leave out paragraphs (a) and (b)

94DD*

Page 113, line 18, leave out subsection (4)

94DE*

Page 113, line 26, leave out paragraphs (a) and (b)

94DF*

Page 113, line 37, leave out subsection (6)

After Clause 152

LORD TAYLOR OF HOLBEACH

94DG

Insert the following new Clause—

“Extradition to the United Kingdom to be sentenced or to serve a sentence

In section 142 of the Extradition Act 2003 (issue of Part 3 warrant), for
subsection (2A) there is substituted—

“(2A)    The condition is that—

(a)   the person has been convicted of an extradition offence by a
court in the United Kingdom,

(b)   his extradition is sought for the purpose of his being
sentenced for the offence or of his serving a sentence of
imprisonment or another form of detention imposed in
respect of the offence, and

(c)   either a domestic warrant has been issued in respect of the
person or the person may be arrested without a warrant.””

94DH

Insert the following new Clause—

“Detention of extradited person for trial in England and Wales for other
offences

(1)   In sections 150 and 151A of the Extradition Act 2003 (dealing with
extradited person for other offences), at the end of subsection (2) there is
inserted—

“This is subject to section 151B.”

(2)   After section 151A of that Act there is inserted—

“151B            Detention of person for trial in England and Wales for other
offences

(1)   Section 150 or 151A does not prevent a person in whose case that
section applies from being detained with a view to trial in England
and Wales for an offence if the conditions in subsection (2) are
satisfied.

(2)   The conditions are that—

(a)   the United Kingdom and the territory from which the
person was extradited have each made a declaration under
Article 14(3) of the Extradition Convention, and the
declarations are still in force;

(b)   the Secretary of State makes a request for the consent
referred to in section 150(3)(c) or 151A(3)(c) in respect of the
offence (“the consent request”);

(c)   the Secretary of State gives notification, which is explicitly
acknowledged on behalf of the territory, of the date on
which the detention is to begin (“the notified date”).

(3)   The Extradition Convention is the European Convention on
Extradition done at Paris on 13 December 1957.

(4)   This section applies only to detention during the period beginning
with the notified date and ending with whichever of the following
occurs first—

(a)   if a notification of opposition to the detention is given on
behalf of the territory, the date on which Secretary of State
receives it;

(b)   the date on which the Secretary of State receives notification
given on behalf of the territory as to whether the consent
request is granted or refused;

(c)   the expiry of the period of 90 days beginning with the date
on which the consent request is received.””

Clause 161

LORD PANNICK

BARONESS KENNEDY OF THE SHAWS

BARONESS O’LOAN

LORD BEECHAM

94E

Page 128, line 5, leave out from “shows” to “(and” in line 6 and insert “conclusively
that the evidence against the person at trial is so undermined that no conviction
could possibly be based on it”

After Clause 162

LORD TAYLOR OF HOLBEACH

LORD PANNICK

94EA

Insert the following new Clause—

“Abolition of defence of marital coercion

(1)   The defence of marital coercion is abolished.

(2)   Accordingly, section 47 of the Criminal Justice Act 1925 (coercion of
married woman by husband) is repealed.

(3)   This section does not have effect in respect of an offence alleged to have
been committed before the date on which it comes into force.”

Clause 166

LORD TAYLOR OF HOLBEACH

94F

Page 132, line 18, at end insert—

“(2A)    The Secretary of State may by order make amendments to sections 136 and
142 of the Sexual Offences Act 2003 that are consequential on the coming
into force of any amendment of Part 2 of that Act made by the Criminal
Justice Act (Northern Ireland) 2013.”

95

Page 132, line 24, at end insert “and Schedule 3”

Schedule 10

BARONESS SMITH OF BASILDON

LORD ROSSER

96

Page 189, line 19, leave out paragraphs 24 to 27

LORD TAYLOR OF HOLBEACH

96A

Page 202, line 18, at end insert—

“Armed Forces Act 2006 (c. 52)

In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing
powers where election for trial by that court instead of CO), paragraph
13(2) and (3) (service sexual offences prevention orders) is repealed.

Armed Forces Act 2011 (c. 18)

   (1)   Section 17 of the Armed Forces Act 2011 (service sexual offences
prevention orders) is repealed.

(2)   In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is
repealed.”

96AA

Page 206, leave out lines 36 and 37

96AB

Page 210, line 9, at end insert—

In section 226 of that Act (extent), in subsection (2), after “Sections” there
is inserted “151B,”.”

Clause 167

LORD TAYLOR OF HOLBEACH

96AC

Page 132, line 34, leave out “or” and insert—

“( )   regulations under section 132(5)(b), or”

96B

Page 133, line 2, after “section” insert “166(2A) or”

Clause 169

LORD DEBEN

THE LORD BISHOP OF NEWCASTLE

THE COUNTESS OF MAR

BARONESS O’CATHAIN

96C

Page 133, line 30, at end insert—

“( )   section (  Use of amplified noise equipment in vicinity of the Palace of
Westminster
);”

LORD TAYLOR OF HOLBEACH

96D

Page 133, line 31, after “sections” insert “(  Detention of person for trial in England and
Wales for other offences
),”

LORD TAYLOR OF HOLBEACH

LORD PANNICK

96E

Page 133, line 32, at end insert—

“( )   section (  Abolition of defence of marital coercion);”

LORD TAYLOR OF HOLBEACH

96F

Page 134, line 9, at end insert—

“( )   section (  Jurisdiction of Investigatory Powers Tribunal over Surveillance
Commissioners
);”

96G

Page 134, line 10, after “sections” insert “(  Detention of person for trial in England and
Wales for other offences
) and”

Clause 170

LORD TAYLOR OF HOLBEACH

97

Page 134, line 29, leave out subsection (2)

97A

Page 134, line 31, after “sections” insert “(  Jurisdiction of Investigatory Powers Tribunal
over Surveillance Commissioners
),”

LORD TAYLOR OF HOLBEACH

LORD PANNICK

97B

Page 134, line 33, leave out “section 141, which comes” and insert “sections 141 and
(  Abolition of defence of marital coercion), which come”

LORD TAYLOR OF HOLBEACH

98

Page 134, line 40, at end insert “and Schedule 3”

99

Page 134, line 43, at end insert—

“( )   Different days may be appointed under subsection (1) or (4) for different
purposes or different areas.”

In the Title

LORD TAYLOR OF HOLBEACH

100

Line 4, after “firearms” insert “, about sexual harm and violence”

Prepared 17th January 2014