Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)

(2) The conduct constitutes an extradition offence in relation to the
category 2 territory if the conditions in subsection (3), (4) or (5)
are satisfied.

(3) The conditions in this subsection are that—

(a) 5the conduct occurs in the category 2 territory;

(b) the conduct would constitute an offence under the law
of the relevant part of the United Kingdom punishable
with imprisonment or another form of detention for a
term of 12 months or a greater punishment if it occurred
10in that part of the United Kingdom;

(c) a sentence of imprisonment or another form of detention
for a term of 4 months or a greater punishment has been
imposed in the category 2 territory in respect of the
conduct.

(4) 15The conditions in this subsection are—

(a) the conduct occurs outside the category 2 territory;

(b) in corresponding circumstances equivalent conduct
would constitute an extra-territorial offence under the
relevant part of the United Kingdom punishable as
20mentioned in subsection (3)(b);

(c) a sentence of imprisonment or another form of detention
for a term of 4 months or a greater punishment has been
imposed in the category 2 territory in respect of the
conduct.

(5) 25The conditions in this subsection are that—

(a) the conduct occurs outside the category 2 territory;

(b) no part of the conduct occurs in the United Kingdom;

(c) the conduct constitutes, or if committed in the United
Kingdom would constitute, an offence mentioned in
30subsection (6);

(d) a sentence of imprisonment or another form of detention
for a term of 4 months or a greater punishment has been
imposed in the category 2 territory in respect of the
conduct.”

(6) 35After subsection (7) of that section there is inserted—

“(7A) References in this section to “conduct” (except in the expression
“equivalent conduct”) are to the conduct specified in the request for the
person’s extradition”.

153 Proceedings on deferred warrant or request etc

(1) 40In section 180 of the Extradition Act 2003 (proceedings on deferred warrant or
request)—

(a) in subsection (1), at the end of paragraph (b) there is inserted “in the
person’s favour”;

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

“(10) 45An extradition claim made in respect of a person is disposed of
in the person’s favour if—

(a) in the case of a Part 1 warrant, the warrant is disposed of
as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
disposed of as mentioned in subsection (2)(a) or (b) of
5that section.”

(2) In section 181 of that Act (proceedings where extradition deferred)—

(a) in subsection (1), at the end of paragraph (b) there is inserted “in the
person’s favour”;

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

“(10) 10An extradition claim made in respect of a person is disposed of
in the person’s favour if—

(a) in the case of a Part 1 warrant, the warrant is disposed of
as mentioned in subsection (1)(a) or (b) of section 213;

(b) in the case of a request for extradition, the request is
15disposed of as mentioned in subsection (2)(a) or (b) of
that section.”

154 Non-UK extradition: transit through the United Kingdom

After section 189 of the Extradition Act 2003 there is inserted—

“Non-UK extradition: transit through the United Kingdom

189A 20Facilitating transit through the United Kingdom

(1) The relevant UK authority may issue a transit certificate in relation to
the non-UK extradition of a person if that authority has been requested
to facilitate the transit of the person through the United Kingdom for
the purposes of the extradition.

(2) 25If the relevant UK authority issues a transit certificate in relation to the
non-UK extradition of a person, an authorised officer may do any or all
of the following—

(a) escort the person from, or to, any means of transport used for
the purposes of the extradition;

(b) 30take the person into custody to facilitate the transit of the person
through the United Kingdom for the purposes of the
extradition;

(c) search the person, and any item in the possession of the person,
for any item which the person might use to cause physical
35injury to that person or any other person;

(d) in a case where the person has been taken into custody under
paragraph (b), search the person, and any item in the possession
of the person, for any item which the person might use to escape
from custody.

(3) 40An authorised officer searching a person in the exercise of a power
conferred by subsection (2)(c) or (d) may seize any item found if the
officer has reasonable grounds for believing that the person searched
might use the item—

(a) to cause physical injury to that person or any other person; or

(b) 45in a case where the person has been taken into custody, to
escape from custody.

(4) If no request is made under subsection (1) in relation to the non-UK
extradition of a person, or if such a request is made but a transit
certificate is not issued, that does not—

(a) prevent the transit of the person through the United Kingdom
5for the purposes of the extradition; or

(b) affect the powers which an authorised officer has (otherwise
than under this section) in relation to the person while in the
United Kingdom.

189B Unscheduled arrival in the United Kingdom

(1) 10This section applies in a case where—

(a) a person is being extradited,

(b) the extradition is a non-UK extradition, and

(c) the person makes an unscheduled arrival in the United
Kingdom.

(2) 15An authorised officer may do any or all of the following—

(a) take the person into custody to facilitate the transit of the person
through the United Kingdom for the purposes of the
extradition;

(b) search the person, and any item in the possession of the person,
20for any item which the person might use to cause physical
injury to that person or any other person;

(c) in a case where the person has been taken into custody under
paragraph (a), search the person, and any item in the possession
of the person, for any item which the person might use to escape
25from custody.

(3) Any power conferred by subsection (2) may be exercised—

(a) upon the unscheduled arrival, or

(b) at any later time when the person is still in the United Kingdom
after the unscheduled arrival.

(4) 30A person taken into custody under this section may be kept in custody
until the expiry of the period of 72 hours beginning with the time when
the person is taken (or first taken) into custody under this section.

(5) But if a transit certificate is issued under section 189A in respect of the
non-UK extradition of the person, the person must not be kept in
35custody under this section after the issue of the certificate.

(6) Subsection (5) does not prevent the person from being taken into
custody under section 189A.

(7) An authorised officer searching a person in the exercise of a power
conferred by subsection (2)(b) or (c) may seize any item found if the
40officer has reasonable grounds for believing that the person searched
might use the item—

(a) to cause physical injury to that person or any other person; or

(b) in a case where the person has been taken into custody, to
escape from custody.

189C Exercise of the extradition transit powers

(1) The extradition transit powers include power to use reasonable force
when necessary.

(2) An authorised officer may not, when exercising a relevant search
5power, require a person to remove any clothing other than an outer
coat, jacket, headgear or gloves.

(3) Any item seized from a person in the exercise of a relevant search
power may be retained while the person is in transit through the United
Kingdom.

189D 10Codes of practice

(1) The Secretary of State must issue a code of practice in connection
with—

(a) the exercise of extradition transit powers;

(b) the retention, use and return of anything seized under a
15relevant search power.

(2) If the Secretary of State proposes to issue a code of practice under this
section the Secretary of State must—

(a) publish a draft of the code;

(b) consider any representations made to the Secretary of State
20about the draft;

(c) if the Secretary of State thinks it appropriate, modify the draft in
the light of any such representations.

(3) The Secretary of State must lay the code before Parliament.

(4) After doing so the Secretary of State may bring the code into operation
25by order.

(5) The Secretary of State may revise the whole or any part of a code issued
under this section and issue the code as revised; and subsections (2) to
(4) apply to such a revised code as they apply to the original code.

(6) A failure by an authorised officer to comply with a provision of a code
30issued under this section does not of itself make the authorised officer
liable to criminal or civil proceedings.

(7) A code issued under this section is admissible in evidence in any
proceedings and must be taken into account by a court in determining
any question to which it appears to the court to be relevant.

(8) 35If the Secretary of State publishes a draft code of practice in connection
with a matter specified in subsection (1) before the date on which this
section comes into force—

(a) the draft is as effective as one published under subsection (2) on
or after that date;

(b) 40representations made to the Secretary of State about the draft
before that date are as effective as such representations made
after that date;

(c) modifications made by the Secretary of State to the draft in the
light of any such representations before that date are as effective
45as any such modifications made on or after that date.

189E Sections 189A to 189D: interpretation

(1) An “authorised officer” is—

(a) a constable, or

(b) a person who is of a description specified by the Secretary of
5State by order.

(2) A National Crime Agency officer, prison officer, or any other person
who has the powers of a constable (but is not a constable)—

(a) does not have the extradition transit powers by virtue of having
the powers of a constable; and

(b) 10accordingly, has the extradition transit powers only if the
person is of a description specified under subsection (1)(b).

(3) These expressions have the meanings given—

• “extradition transit powers” means the powers under—

  (a)

  section 189A (except the power to issue transit
  15certificates), and

  (b)

  section 189B;

• “foreign territory” means a territory outside the United Kingdom;

• “non-UK extradition” means extradition from one foreign
  territory to another foreign territory;

• 20“relevant search power” means a power of search under—

  (a)

  section 189A(2)(c) or (d), or

  (b)

  section 189B(2)(b) or (c);

• “relevant UK authority” means—

  (a)

  the National Crime Agency (in the case of a non-UK
  25extradition to a category 1 territory), or

  (b)

  the Secretary of State (in any other case).

(4) A reference to the transit of a person through the United Kingdom is a
reference to the person arriving in, being in, and departing from the
United Kingdom (whether or not the person travels within the United
30Kingdom between arrival and departure).

(5) This section applies for the purposes of section 189A to 189D (and this
section).”

155 Extradition to a territory that is party to an international Convention

For section 193 of the Extradition Act 2003 there is substituted—

“193 35Parties to international Conventions

(1) The Secretary of State may by order—

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

(b) specify conduct to which the Convention applies.

(2) 40If the Secretary of State believes, in respect of a request for a person’s
extradition, 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) the conduct specified in the request is conduct specified under
subsection (1)(b),

5the 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
applies in respect of the person’s extradition to the territory as if the
territory were a category 2 territory.

(4) 10As 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) the conduct that constituted an extradition offence for the
purposes of Part 2 were the conduct specified under subsection
15(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
satisfied in relation to the person’s extradition.”

156 Electronic transmission of European arrest warrant etc

20In 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) 25information 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,

30in a form in which it is legible.”

Time spent in custody awaiting extradition to the United Kingdom

157 Discount on sentence for time spent in custody awaiting extradition: England
and Wales

In section 49 of the Prison Act 1952 (persons unlawfully at large), after
35subsection (3) there is inserted—

“(3A) Where—

(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
40section, and

(b) the 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
for which the person is liable to be detained.

(3B) In subsection (3A) of this section “category 1 territory” means a
5territory designated under the Extradition Act 2003 for the purposes of
Part 1 of that Act.”

158 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) 10In 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
15than 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) 20the 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
25subsection (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) 30In 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) 35Subsection (3) is repealed.

159 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) 40The 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
5the 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
10under 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
15Kingdom 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.”

Procedure rules

160 20Criminal Procedure Rules to apply to extradition proceedings etc

(1) In section 68 of the Courts Act 2003 (Criminal Procedure Rules: meaning of
“criminal court”), at the end there is inserted—

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

(2) 25In section 1 of the Civil Procedure Act 1997 (Civil Procedure Rules), in
subsection (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) 30Criminal Procedure Rules may make provision about applications
under 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
35under this section to a circuit judge.”

Part 13 Criminal justice and court fees

161 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) For 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
5Ireland, if and only if the new or newly discovered fact shows beyond
reasonable doubt that the person was innocent of the offence (and
references 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
10relation to—

(a) any application for compensation made under subsection (2) of that
section 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
15been finally determined before that day by the Secretary of State under
subsection (3) of that section.

162 Low-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
20substituted “22A”.

(3) After section 22 there is inserted—

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

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

(2) But where a person accused of low-value shoplifting is aged 18 or over,
25and 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
elects to be so tried—

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

(b) 30the 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
Act 1968 in circumstances where—

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

(b) 35the 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) at the time of the offence, the person accused of low-value
shoplifting was, or was purporting to be, a customer or
40potential 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
being offered for sale at the time of the offence, and

(b) where the accused is charged on the same occasion with two or
45more 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) A person guilty of low-value shoplifting is liable on summary
conviction to—

(a) 5imprisonment 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
Act 2003),

(b) a fine, or

(c) 10both.

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

(7) 15For the purposes of this section, any reference to low-value shoplifting
includes aiding, abetting, counselling or procuring the commission of
low-value shoplifting.”

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

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

“(aza) 20section 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) in relation to section 22A(3)(a) above, the date of the
coming into force of that section; or”.

(5) 25The Criminal Attempts Act 1981 is amended as follows—

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

“(5) This section also applies to low-value shoplifting (which is
defined in, and is triable only summarily by virtue of, section
3022A of the Magistrates’ Courts Act 1980).”;

(b) in 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) 35Any reference in the Police and Criminal Evidence Act 1984 to an “indictable
offence” 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) 40In subsection (2)(a), the reference to an “indictable offence” has effect as
if 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
45Act) committed on or after the day on which this section comes into
force, and