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).”

166 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.”

167 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

168 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.”

169 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.

170 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

171 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

172 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
conclusively that the evidence against the person at trial is so
undermined that no conviction could possibly be based on it (and
references in the rest of this Part to a miscarriage of justice are to be
construed accordingly).”

(2) 10Subsection (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
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
15which 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.

173 Low-value shoplifting

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

(2) 20In section 2 (trial of summary offences), in subsection (3)(a) for “22” there is
substituted “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) 25But 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
elects to be so tried—

(a) 30subsection (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
Act 1968 in circumstances where—

(a) 35the 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) at the time of the offence, the person accused of low-value
40shoplifting 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
being 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) 5A 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
10Act 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
15ground 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) 20In 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) 25in 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
is inserted—

“(5) 30This 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) 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
35defined 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
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) 40In 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
if it included a reference to low-value shoplifting (as defined in section
22A(3) of the Magistrates’ Courts Act 1980).”

(8) 45The 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
force, and

(b) low-value shoplifting committed before that day in respect of which
5proceedings have not yet been instituted.

174 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) 10This section does not have effect in respect of an offence alleged to have been
committed before the date on which it comes into force.

175 Protection arrangements for persons at risk

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

(2) In section 82 (protection of persons involved in investigations or
15proceedings)—

(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”
there is substituted “any person if he reasonably believes that the
20person’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
constitutes an offence in England and Wales or Scotland, or
25would 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
made in respect of that person.”;

(d) 30subsection (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.

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

(6) 35Schedule 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
2005 Act.

176 Surcharges: imprisonment in default and remission of fines

(1) 40In 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
ordered 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
5inserted—

“(3A) Where—

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

(b) the offender was ordered under section 161A of the Criminal
Justice Act 2003 to pay a surcharge the amount of which was set
10by 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
the surcharge.”

(3) In section 165 of the Criminal Justice Act 2003 (remission of fines), after
15subsection (4) there is inserted—

“(5) Where—

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

(b) the offender was ordered under section 161A to pay a surcharge
20the 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
the fine had not included the amount remitted, and remit the balance of
the surcharge.”

(4) 25Subsections (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.

177 Court and tribunal fees

(1) In 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
30which is intended to exceed the cost of anything in respect of which the fee is
charged.

(2) The enactments are—

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

(b) 35section 54 of the Mental Capacity Act 2005 (Court of Protection fees);

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

(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
40specified in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard
to—

(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,
45and

(b) the 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) 5A 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
10system 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 in excess of the cost of anything in respect of which the fee
15is 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.

(8) But subsection (7) does not apply if the statutory instrument only adjusts a fee
to reflect changes in the value of money.

20Part 14 General

178 Amendments

(1) Schedule 10 (minor and consequential amendments) has effect.

(2) The Secretary of State may by order make consequential amendments to
25provisions contained in or made under any Act.

“Consequential amendments” here means amendments that are consequential
on any provision of this Act, other than the provisions listed in subsection (4)
as they apply in Wales.

“Consequential amendments” here means amendments that are consequential
30on any provision of this Act, other than the provisions listed in subsection (4)
as they apply in Wales.

(3) 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
35(Northern Ireland) 2013.

(4) The 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
40on any of the following provisions as they apply in Wales—

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

(a) sections 93 to 97 and Schedule 3;

(b) section 99;

(c) 45paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of
Schedule 10.