Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

material obtained for one purpose and used for another) there is substituted—

“63P Retention of 63D material in connection with different offence

(1) Subsection (2) applies if—

(a) section 63D material is taken (or, in the case of a DNA profile,
5derived from a sample taken) from a person in connection with
the investigation of an offence, and

(b) the person is subsequently arrested for or charged with a
different offence, or convicted of or given a penalty notice for a
different offence.

(2) 10Sections 63E to 63O and sections 63Q and 63T have effect in relation to
the material as if the material were also taken (or, in the case of a DNA
profile, derived from a sample taken)—

(a) in connection with the investigation of the offence mentioned in
subsection (1)(b),

(b) 15on the date on which the person was arrested for that offence (or
charged with it or given a penalty notice for it, if the person was
not arrested).”

(2) The amendment made by subsection (1) applies even where the event referred
to in subsection (1)(b) of the substituted section 63P occurs before the day on
20which this section comes into force.

144 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
25defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted
“Sections 63D to 63T”;

(b) after that subsection there is inserted—

“(5A) A sample that—

(a) falls within subsection (5), and

(b) 30but for that subsection would be required to be
destroyed under section 63R,

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

(5B) 35A 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
under that section has already passed.”

(2) In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in
40paragraph 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) for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A
material” there is substituted “Paragraphs 20A to 20H do not apply to
45material”;

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

is inserted—

“(2) A sample that—

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

(b) but for that sub-paragraph would be required to be
5destroyed under paragraph 20G,

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

(3) A sample that once fell within sub-paragraph (1) but no
10longer does, and so becomes a sample to which paragraph
20G applies, must be destroyed immediately if the time
specified for its destruction under that paragraph has already
passed.”

Miscellaneous

145 15Powers to seize invalid passports etc

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

146 Port and border controls

Schedule 8 (amendments of or relating to Schedules 7 and 8 to the Terrorism
Act 2000) has effect.

147 20Inspection 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), after subsection (3)
there is inserted—

“(3A) This section applies to the Serious Fraud Office as it applies to the
25Crown 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) 30in 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
35Serious 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
40Service Inspectorate Act 2000,

and”.

148 Jurisdiction of Investigatory Powers Tribunal over Surveillance
Commissioners

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

(2) 5In 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
10(Scotland) Act 2000.”

149 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) In prescribing the amount of a fee that—

(a) 15is 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
associated with applications in relation to which the fee is payable but
20also the costs associated with applications under that provision made
by volunteers.”

150 Powers of community support officers

Schedule 9 (which amends Part 1 of Schedule 4 to the Police Reform Act 2002)
has effect.

151 25Use 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
30area” 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) 35Abingdon 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) 40Abingdon 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
  5surrounding 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) 10In 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) 15In 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) 20after 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
25commission 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
30it 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) 35In 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) 40after 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) 45In 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) 5in 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
10Westminster 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
15description specified in Schedule 1 to the Royal Parks and Other
Open Spaces Regulations 1997 (S.I. 1997/1639S.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
20Square” 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”.

25Part 12 Extradition

Amendments of the Extradition Act 2003

152 Date of extradition hearing

In section 8 of the Extradition Act 2003 (date of extradition hearing etc:
30extradition to category 1 territory) after subsection (4) there is inserted—

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

153 Extradition barred if no prosecution decision in requesting territory

(1) 35In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph
(a) of subsection (1) there is inserted—

“(aa) absence 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) 5it 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),
10and

(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) 15the 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
20failure.

(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) 25to 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
2003) 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
3011(1) of that Act.

154 Proportionality

(1) In 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 35Person not convicted: human rights and proportionality

(1) If the judge is required to proceed under this section (by virtue of
section 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
40Convention rights within the meaning of the Human Rights Act
1998;

(b) whether 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
45proportionality (so far as the judge thinks it appropriate to do so); but
the judge must not take any other matters into account.

(3) These 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
5of the extradition offence;

(c) the 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) 10that the extradition would not be compatible with the
Convention 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
15decisions—

(a) that 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
20person in custody or on bail to wait for extradition to the category 1
territory.

(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
25the territory to which D would be extradited if the extradition went
ahead.”

(3) In section 2 of that Act (Part 1 warrant and certificate), after subsection (7) there
is inserted—

“(7A) But in the case of a Part 1 warrant containing the statement referred to
30in subsection (3), the designated authority must not issue a certificate
under this section if it is clear to the designated authority that a judge
proceeding under section 21A would be required to order the person’s
discharge on the basis that extradition would be disproportionate.

In deciding that question, the designated authority must apply any
35general guidance issued for the purposes of this subsection.

In deciding that question, the designated authority must apply any
general guidance issued for the purposes of this subsection.

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

(7C) 40The function of issuing guidance under subsection (7A), or of revising,
withdrawing or replacing any such guidance, is exercisable by the Lord
Chief Justice of England and Wales with the concurrence of—

(a) the Lord Justice General of Scotland, and

(b) the Lord Chief Justice of Northern Ireland.”

(4) 45In 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
procedures 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).

(5) 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.

155 Hostage-taking considerations

(1) 10Section 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
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.

156 Request for temporary transfer etc

20Before 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
25offence 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
30the 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
35representatives 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) 40to 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) The 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
5(3)) to consider whether to consent to the request.

An 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) 10If the person or authority consents to the request, the judge must—

(a) make 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
15orders and directions to be carried out.

(6) If 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) 20the judge may make whatever further orders and directions
seem 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
25consent to a request under the corresponding paragraph of subsection
(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
30request has been withdrawn).

(9) If—

(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,

35the permitted period for the purposes of fixing that date (see section
8(4)) is extended by the number of days for which the proceedings are
so adjourned.”

157 Appeals

(1) In section 26 of the Extradition Act 2003 (appeal against extradition order:
40category 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) 45after 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
notice 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) 5in 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.”

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

(a) 10in 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.”;

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

“(10) 15But 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
notice was given as soon as it could be given.”

(4) 20In section 105 of that Act (appeal against discharge at extradition hearing:
category 2 territory)—

(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) 25lies only with the leave of the High Court.”

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

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

“(a) may”;

(b) 30at the end of that subsection there is inserted “, but

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

(c) after 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
35application is for leave to appeal on human rights grounds), the
High Court must 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.”

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

(a) 40in 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.”