Police and Justice Bill

House of Commons

Session 2005 - 06
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Police and Justice Bill

Police and Justice Bill
Schedule 12 — Extradition
Part 2 — Amendments to other Acts
122

      (2)
After subsection (1) there is inserted—
“(1A)
Where a magistrates’ court grants bail to a person in connection with
extradition proceedings, the prosecution may appeal to the High
Court against the granting of bail.”
      (3)
In subsection (3), after “subsection (1)” there is inserted “or (1A)”.
5
      (4)
In subsection (4)—
(a)
after “subsection (1)” there is inserted “or (1A)”;
(b)
for “the magistrates’ court” there is substituted “the court which has
granted bail”.
      (5)
In subsections (5) and (6), for “the magistrates’ court” there is substituted
10
“the court which has granted bail”.
      (6)
In subsection (8)—
(a)
after “subsection (1)” there is inserted “or (1A)”;
(b)
“magistrates’” is omitted.
      (7)
After subsection (11) there is inserted—
15
“(12)
In this section—
“extradition proceedings” means proceedings under the
Extradition Act 2003;
“magistrates’ court” and “court”, in relation to extradition
proceedings, mean a resident magistrate designated in
20
accordance with section 67 or section 139 of the Extradition
Act 2003;
“prosecution”, in relation to extradition proceedings, means the
person acting on behalf of the territory to which extradition
is sought.”
25
Amendments consequential on amendments in Part 1
28
In section 49 of the Prison Act 1952 (c. 52) (persons unlawfully at large), at
the end of the proviso to subsection (2) there is inserted—
“(d)
this subsection shall not apply to any period which under
section 151A of the Extradition Act 2003 counts as time
30
served as part of a sentence”.
29
In section 4(2B) of the Bail Act 1976 (c. 63) (no right to bail in certain
extradition proceedings), for “to be unlawfully at large after conviction”
there is substituted “to have been convicted”.
30
In section 40 of the Prisons (Scotland) Act 1989 (c. 45) (persons unlawfully at
35
large), in subsection (2), for the words from “Provided” to the end there is
substituted “Provided that this subsection shall not apply—
(a)
to any period during which any such person as aforesaid is
detained in pursuance of an order of any court in the United
Kingdom in a prison, young offenders institution or remand
40
centre, or
(b)
to any period which under section 151A of the Extradition
Act 2003 counts as time served as part of a sentence”.
31    (1)
Section 210 of the Criminal Procedure (Scotland) Act 1995 (c. 46)
(consideration of time spent in custody) is amended as follows.
45

Police and Justice Bill
Schedule 13 — Minor and consequential amendments
123

      (2)
In subsection (1)—
(a)
in paragraph (a), the words “or spent in custody awaiting extradition
to the United Kingdom” are omitted;
(b)
in paragraph (c), sub-paragraph (ii) is omitted.
      (3)
Subsections (2) and (3) are omitted.
5
32
Section 243 of the Criminal Justice Act 2003 (c. 44) (persons extradited to the
United Kingdom) is repealed.
33
In paragraph 81(4) of Schedule 9 to the Constitutional Reform Act 2005 (c. 4)
(amendments substituting “Supreme Court” for “House of Lords” in
provisions of the Extradition Act 2003)—
10
(a)
after paragraph (b) there is inserted—
“(ba)
section 33A (detention pending conclusion of
certain appeals under section 32);”;
(b)
after paragraph (i) there is inserted—
“(ia)
section 115A (detention pending conclusion of
15
certain appeals under section 114);”.
Schedule 13
Section 43

Minor and consequential amendments
Criminal Damage Act 1971 (c. 48)
1
In section 10 of the Criminal Damage Act 1971 (interpretation), after
20
subsection (4) there is inserted—
“(5)
For the purposes of this Act a modification of the contents of a
computer shall not be regarded as damaging any computer or
computer storage medium unless its effect on that computer or
computer storage medium impairs its physical condition.”
25
Bail Act 1976 (c. 63)
2
In subsection (1) of—
(a)
section 3A of the Bail Act 1976 (conditions of bail in case of police
bail), and
(b)
section 5A of that Act (supplementary provisions in cases of police
30
bail),

after “Part IV of the Police and Criminal Evidence Act 1984” there is inserted
“or Part 3 of the Criminal Justice Act 2003”.
Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))
3
In Article 12 of the Criminal Damage (Northern Ireland) Order 1977
35
(meaning of property, etc), after paragraph (4) there is inserted—
“(5)
For the purposes of this Order a modification of the contents of a
computer shall not be regarded as damaging any computer or
computer storage medium unless its effect on that computer or
computer storage medium impairs its physical condition.”
40

Police and Justice Bill
Schedule 13 — Minor and consequential amendments
124

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
4
In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982
(control of sex establishments), in paragraph 1(b)(ii), for “section 5 of” there
is substituted “the Schedule to”.
Aviation Security Act 1982 (c. 36)
5
5     (1)
Part 3 of the Aviation Security Act 1982 (policing of airports) is amended as
follows.
      (2)
In the heading to that Part, for “AIRPORTS” there is substituted
“AERODROMES”.
      (3)
Between section 24B (inserted by section 8 above) and section 25 of that Act
10
there is inserted—
“Policing of designated airports”.
      (4)
Subsections (1), (4) and (5) of section 27 of that Act (prevention of theft at
designated airports) are omitted.
Police and Criminal Evidence Act 1984 (c. 60)
15
6
In section 64A of the Police and Criminal Evidence Act 1984 (photographing
of suspects etc), in subsection (1B), after paragraph (f) there is inserted “; or
(g)
given a notice in relation to a relevant fixed penalty offence
(within the meaning of Schedule 5A to the 2002 Act) by an
accredited inspector by virtue of accreditation specifying that
20
paragraph 1 of Schedule 5A to the 2002 Act applies to him.”
Housing Act 1985 (c. 68)
7     (1)
Section 82A of the Housing Act 1985 (demotion because of anti-social
behaviour) is amended as follows.
      (2)
In subsection (4)(a), for the words from “engage in” to the end there is
25
substituted “engage in—
(i)
housing-related anti-social conduct, or
(ii)
conduct to which section 153B of the Housing
Act 1996 (use of premises for unlawful
purposes) applies, and”.
30
      (3)
After subsection (7) there is inserted—
“(7A)
In subsection (4)(a) “housing-related anti-social conduct” has the
same meaning as in section 153A of the Housing Act 1996.”
8     (1)
Section 121A of that Act (order suspending right to buy because of anti-
social behaviour) is amended as follows.
35
      (2)
In subsections (3)(a) and (7)(a), for the words from “engage in” to the end
there is substituted “engage in—
(i)
housing-related anti-social conduct, or

Police and Justice Bill
Schedule 13 — Minor and consequential amendments
125

(ii)
conduct to which section 153B of the Housing
Act 1996 (use of premises for unlawful
purposes) applies, and”.
      (3)
After subsection (9) there is inserted—
“(10)
In this section “housing-related anti-social conduct” has the same
5
meaning as in section 153A of the Housing Act 1996.”
Computer Misuse Act 1990 (c. 18)
9
In section 2 of the Computer Misuse Act 1990 (unauthorised access with
intent to commit or facilitate commission of further offences), for subsection
(5) there is substituted—
10
“(5)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction in England and Wales, to
imprisonment for a term not exceeding 12 months or to a fine
not exceeding the statutory maximum or to both;
(b)
on summary conviction in Scotland, to imprisonment for a
15
term not exceeding six months or to a fine not exceeding the
statutory maximum or to both;
(c)
on conviction on indictment, to imprisonment for a term not
exceeding five years or to a fine or to both.”
10
In the heading to section 4 of that Act (territorial scope of offences under that
20
Act), for “offences under this Act” there is substituted “offences under
sections 1 to 3”.
11
In section 5 of that Act (significant links with domestic jurisdiction), in
subsection (3)—
(a)
in paragraph (a), for “he did the act which caused the unauthorised
25
modification” there is substituted “he did the unauthorised act (or
caused it to be done)”;
(b)
for paragraph (b) there is substituted—
“(b)
that the unauthorised act was done in relation to a
computer in the home country concerned.”
30
12
In section 6 of that Act (territorial scope of inchoate offences)—
(a)
in the heading, for “offences under this Act” there is substituted
“offences under sections 1 to 3”;
(b)
in subsections (1) and (3), for “offence under this Act” there is
substituted “offence under section 1, 2 or 3 above”.
35
13
In section 7 of that Act (territorial scope of inchoate offences related to
offences under external law)—
(a)
in the heading, for “offences under this Act” there is substituted
“offences under sections 1 to 3”;
(b)
in subsection (4), for “offence under this Act” there is substituted, in
40
each place, “offence under section 1, 2 or 3 above”.
14
In section 9 of that Act (British citizenship immaterial), in paragraphs (a) and
(d) of subsection (2), for “offence under this Act” there is substituted “offence
under section 1, 2 or 3 above”.
15
Section 11 of that Act (proceedings for offences under section 1) is repealed.
45

Police and Justice Bill
Schedule 13 — Minor and consequential amendments
126

16
Section 12 of that Act (conviction of an offence under section 1 in
proceedings for an offence under section 2 or 3) is repealed.
17    (1)
Section 13 of that Act (proceedings in Scotland) is amended as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a), for “he did the act which caused the unauthorised
5
modification” there is substituted “he did the unauthorised act (or
caused it to be done)”;
(b)
for paragraph (b) there is substituted—
“(b)
the unauthorised act was done in relation to a
computer in the sheriffdom.”
10
      (3)
Subsections (3) to (7) are omitted.
      (4)
In subsection (8), the words from “commenced” to the end are omitted.
18
Section 14 of that Act (search warrants for offences under section 1) is
repealed.
19    (1)
Section 16 of that Act (application to Northern Ireland) is amended as
15
follows.
      (2)
After subsection (1) there is inserted—
“(1A)
In section 1(3)(a)—
(a)
the reference to England and Wales shall be read as a
reference to Northern Ireland; and
20
(b)
the reference to 12 months shall be read as a reference to six
months.”
      (3)
After subsection (2) there is inserted—
“(2A)
In section 2(5)(a)—
(a)
the reference to England and Wales shall be read as a
25
reference to Northern Ireland; and
(b)
the reference to 12 months shall be read as a reference to six
months.”
      (4)
Subsection (3) is omitted.
      (5)
Before subsection (4) there is inserted—
30
“(3A)
In section 3(6)(a)—
(a)
the reference to England and Wales shall be read as a
reference to Northern Ireland; and
(b)
the reference to 12 months shall be read as a reference to six
months.”
35
      (6)
After the subsection inserted by sub-paragraph (5) there is inserted—
“(3B)
In section 3A(4)(a)—
(a)
the reference to England and Wales shall be read as a
reference to Northern Ireland; and
(b)
the reference to 12 months shall be read as a reference to six
40
months.”
      (7)
Subsections (10), (11) and (12) are omitted.

Police and Justice Bill
Schedule 13 — Minor and consequential amendments
127

20
After that section there is inserted—
“16A
Northern Ireland: search warrants for offences under section 1
(1)
Where a county court judge is satisfied by information on oath given
by a constable that there are reasonable grounds for believing—
(a)
that an offence under section 1 above has been or is about to
5
be committed in any premises, and
(b)
that evidence that such an offence has been or is about to be
committed is in those premises,

he may issue a warrant authorising a constable to enter and search
the premises, using such reasonable force as is necessary.
10
(2)
The power conferred by subsection (1) above does not extend to
authorising a search for material of the kinds mentioned in Article
11(2) of the Police and Criminal Evidence (Northern Ireland) Order
1989 (privileged, excluded and special procedure material).
(3)
A warrant under this section—
15
(a)
may authorise persons to accompany any constable
executing the warrant; and
(b)
remains in force for twenty-eight days from the date of its
issue.
(4)
In exercising a warrant issued under this section a constable may
20
seize an article if he reasonably believes that it is evidence that an
offence under section 1 above has been or is about to be committed.
(5)
In this section “premises” includes land, buildings, movable
structures, vehicles, vessels, aircraft and hovercraft.
(6)
This section extends only to Northern Ireland.”
25
21    (1)
Section 17 of that Act (interpretation) is amended as follows.
      (2)
Subsection (7) is omitted.
      (3)
For subsection (8) there is substituted—
“(8)
An act done in relation to a computer is unauthorised if the person
doing the act (or causing it to be done)—
30
(a)
is not himself a person who has responsibility for the
computer and is entitled to determine whether the act may be
done; and
(b)
does not have consent to the act from any such person.”
Housing Act 1988 (c. 50)
35
22    (1)
Section 6A of the Housing Act 1988 (demotion because of anti-social
behaviour) is amended as follows.
      (2)
In subsection (4)(a), for the words from “engage in” to the end there is
substituted “engage in—
(i)
housing-related anti-social conduct, or
40
(ii)
conduct to which section 153B of the Housing
Act 1996 (use of premises for unlawful
purposes) applies, and”.

Police and Justice Bill
Schedule 13 — Minor and consequential amendments
128

      (3)
After subsection (10) there is inserted—
“(10A)
In subsection (4)(a) “housing-related anti-social conduct” has the
same meaning as in section 153A of the Housing Act 1996.”
Employment Rights Act 1996 (c. 18)
23
In section 50 of the Employment Rights Act 1996 (right to time off for public
5
duties), for paragraph (c) of subsection (2) there is substituted—
“(c)
a police authority established under section 3 of the Police
Act 1996 or the Metropolitan Police Authority,”.
Housing Act 1996 (c. 52)
24
In subsection (1)(b) of—
10
(a)
section 153C of the Housing Act 1996 (injunctions: exclusion order
and power of arrest), and
(b)
section 154 of that Act (powers of arrest: ex parte applications for
injunctions),

for “section 153A(4)” there is substituted “any of paragraphs (a) to (d) of
15
section 153A(3)”.
25
In section 218A of that Act (anti-social behaviour: landlords’ policies and
procedures), for subsection (8) there is substituted—
“(8)
Anti-social behaviour is—
(a)
any housing-related anti-social conduct, or
20
(b)
any conduct to which section 153B applies.
(8A)
Housing-related anti-social conduct has the same meaning as in
section 153A.”
Crime and Disorder Act 1998 (c. 37)
26
In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth
25
justice services”), in paragraph (ee), for “sections 25 to 27” there is
substituted “sections 25, 26 and 27”.
Local Government Act 2000 (c. 22)
27    (1)
Section 21 of the Local Government Act 2000 (overview and scrutiny
committees) is amended as follows.
30
      (2)
At the end of subsection (4) there is inserted “or section 21A”.
      (3)
In subsection (10), after “subject to” there is inserted “section 21B(6) and to”.
Police Reform Act 2002 (c. 30)
28
In section 41 of the Police Reform Act 2002 (accreditation under community
safety accreditation schemes), after subsection (4) there is inserted—
35
“(4A)
A chief officer of police may not grant accreditation under this
section to a weights and measures inspector.”
29    (1)
Section 42 of that Act (supplementary provisions relating to designations
and accreditations) is amended as follows.