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S.C.D.  Standing Committee Proceedings: 28th March 2006            

206

 

Police and Justice Bill, continued

 
 

“83A  

Forum

 

If the conduct constituting the offence was committed partly in the

 

United Kingdom, the judge shall not order the extradition of the

 

person unless it appears, in the light of all the circumstances, that it

 

would be in the interest of justice that the person should be tried in the

 

category 2 territory”.’.

 

Nick Herbert

 

Negatived on division  157

 

Schedule  12,  page  115,  line  18,  at end insert—

 

‘Case where person has not been convicted

 

6C         

In section 84 (case where person has not been convicted) at the end of

 

subsection (7)(b) there is inserted—

 

            

“provided always that this subsection shall not apply, except in

 

relation to offences falling within the definition of an act of

 

terrorism within the meaning of section 1(5) of the Terrorism Act

 

2000, if at the time the judge is required to proceed under this

 

section, the designation of the category 2 territory to which

 

extradition is requested is inconsistent with the terms of the extant

 

bilateral extradition treaty or other arrangements with the category

 

2 territory”.’.

 

Nick Herbert

 

Not called  158

 

Schedule  12,  page  115,  line  18,  at end insert—

 

‘Conviction in person’s absence

 

6D         

In section 86 (conviction in person’s absence) at the end of subsection (7)(b)

 

there is inserted—

 

            

“provided always that this subsection shall not apply, except in

 

relation to offences falling within the definition of an act of

 

terrorism within the meaning of section 1(5) of the Terrorism Act

 

2000, if at the time the judge is required to proceed under this

 

section, the designation of the category 2 territory to which

 

extradition is requested is inconsistent with the terms of the extant

 

bilateral extradition treaty or other arrangements with the category

 

2 territory”.’.

 

Nick Herbert

 

Not called  159

 

Schedule  12,  page  115,  line  18,  at end insert—

 

‘Orders and regulations

 

6E         

In section 223 (orders and regulations) at the end of subsection (8) there is

 

inserted—

 

            

“provided however that no designation of a territory under the

 

provisions of section 71(4), section 73(5), section 84(7) or section

 

86(7) shall be inconsistent with the terms of an extant bilateral

 

extradition treaty or other arrangements, except in relation to


 
 

S.C.D.  Standing Committee Proceedings: 28th March 2006            

207

 

Police and Justice Bill, continued

 
 

offences falling within the definition of an act of terrorism within

 

the meaning of section 1(5) the Terrorism Act 2000”.’.

 

Nick Herbert

 

Not called  153

 

Schedule  12,  page  116,  line  35,  at end insert—

 

‘Arrest warrant following extradition request

 

11A      

In section 71 (arrest warrant following extradition request) at the end of

 

subsection (4) there is inserted—

 

            

“provided always that this subsection shall not apply, except in

 

relation to offences falling within the definition of an act of

 

terrorism within the meaning of section 1(5) of the Terrorism Act

 

2000, if at the time the Secretary of State sends documents to the

 

appropriate judge under section 70, the designation of the category

 

2 territory to which extradition is requested is inconsistent with the

 

terms of the extant bilateral extradition treaty or other arrangements

 

with the category 2 territory”.’.

 

Nick Herbert

 

Not called  154

 

Schedule  12,  page  116,  line  35,  at end insert—

 

‘Provisional warrant

 

11B      

In section 73 (provisional warrant) at the end of subsection (5) there is

 

inserted—

 

            

“provided always that this subsection shall not apply, except in

 

relation to offences falling within the definition of an act of

 

terrorism within the meaning of section 1(5) of the Terrorism Act

 

2000, if at the time of deciding whether to issue a warrant, the

 

designation of the category 2 territory to which extradition is

 

requested is inconsistent with the terms of the extant bilateral

 

extradition treaty or other arrangements with the category 2

 

territory”.’.

 

Lynne Featherstone

 

Martin Horwood

 

Withdrawn  53

 

Schedule  12,  page  117,  line  42,  after ‘Convention’, insert ‘, or whose claim for

 

asylum under the Refugee Convention is pending’.

 

Lynne Featherstone

 

Martin Horwood

 

Not called  55

 

Schedule  12,  page  117,  line  45,  leave out ‘of Article 2 or 3’.

 

Lynne Featherstone

 

Martin Horwood

 

Not called  54

 

Schedule  12,  page  118,  line  2,  at end insert ‘, or whose claim that his removal from

 

the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 as

 

being incompatible with his Convention rights is pending’.


 
 

S.C.D.  Standing Committee Proceedings: 28th March 2006            

208

 

Police and Justice Bill, continued

 
 

Hazel Blears

 

Agreed to  90

 

Schedule  12,  page  122,  line  25,  at end insert—

 

‘          

After section 10 of the Justice (Northern Ireland) Act 2004 (c. 4) there is

 

inserted—

 

“10A  

Prosecution right of appeal against grant of bail by county court judge

 

in extradition proceedings

 

(1)    

Section 10 applies to the granting of bail by a county court judge in

 

extradition proceedings as it applies to the granting of bail by a

 

magistrates’ court in such proceedings; and references in that section

 

to a magistrates’ court shall be construed accordingly.

 

(2)    

In this section “extradition proceedings” has the same meaning as in

 

section 10.”’.

 

Schedule, as amended, Agreed to.

 


 

New Clauses Relating to Part 5

 

Forfeiture of indecent photographs of children: Northern Ireland

 

Hazel Blears

 

Added  NC11

 

To move the following Clause:—

 

‘(1)    

The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047

 

(N.I. 17)) is amended as follows.

 

(2)    

In Article 4 (entry, search and seizure), for paragraph (2) there is substituted—

 

“(2)    

In this Article “premises” has the same meaning as in the Police and

 

Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341

 

(N.I. 12)) (see Article 25 of that Order).”

 

(3)    

For Articles 5 and 6 (forfeiture) there is substituted—

 

“5      

Forfeiture

 

The Schedule to this Order makes provision about the forfeiture of

 

indecent photographs and pseudo-photographs.”

 

(4)    

At the end of the Order there is inserted the Schedule set out in Schedule

 

(Schedule to be inserted into the Protection of Children (Northern Ireland) Order

 

1978).

 

(5)    

The amendment made by subsection (2) has effect only in relation to warrants

 

granted under Article 4(1) of the Protection of Children (Northern Ireland) Order

 

1978 after the commencement of that subsection.

 

(6)    

The amendments made by subsections (3) and (4) and Schedule (Schedule to be

 

inserted into the Protection of Children (Northern Ireland) Order 1978) have

 

effect whether the property in question was lawfully seized before or after the

 

coming into force of those provisions.

 

    

This is subject to subsection (7).

 

(7)    

Those amendments do not have effect in a case where the property has been

 

brought before a resident magistrate under Article 5(1) of the Protection of


 
 

S.C.D.  Standing Committee Proceedings: 28th March 2006            

209

 

Police and Justice Bill, continued

 
 

Children (Northern Ireland) Order 1978 before the coming into force of those

 

provisions.’.

 


 

Sentences of imprisonment for bail offences

 

Hazel Blears

 

Added  NC13

 

To move the following Clause:—

 

‘(1)    

Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) is amended as

 

follows.

 

(2)    

In section 195 (interpretation of terms used in Chapter 3), for the definition of

 

“sentence of imprisonment” there is substituted—

 

““sentence of imprisonment” does not include a sentence of imprisonment

 

passed in respect of a summary conviction for an offence under section

 

6(1) or (2) of the Bail Act 1976.”

 

(3)    

In section 237 (meaning of “fixed-term prisoner” for purposes of Chapter 6), after

 

subsection (1) there is inserted—

 

“(1A)    

In subsection (1)(a) “sentence of imprisonment” does not include a

 

sentence of imprisonment passed in respect of a summary conviction for

 

an offence under section 6(1) or (2) of the Bail Act 1976.”

 

(4)    

In section 257 (additional days for disciplinary offences), after subsection (2)

 

there is inserted—

 

“(3)    

For the purposes of this section “fixed-term prisoner” includes a person

 

serving a sentence of imprisonment passed in respect of a summary

 

conviction for an offence under section 6(1) or (2) of the Bail Act 1976.”

 

(5)    

In section 258 (early release for fine defaulters and contemnors), after subsection

 

(1) there is inserted—

 

“(1A)    

This section also applies to a person serving a sentence of imprisonment

 

passed in respect of a summary conviction for an offence under section

 

6(1) or (2) of the Bail Act 1976.”

 

(6)    

In section 305 (interpretation of Part 12), in paragraph (c) of the definition of

 

“sentence of imprisonment”, at the end there is inserted “(including contempt of

 

court or any kindred offence)”.’.

 


 

Penal custody for children

 

Lynne Featherstone

 

Martin Horwood

 

Withdrawn  nc2

 

To move the following Clause:—

 

‘(1)    

No child shall be detained in a young offender institution or a secure training

 

centre.


 
 

S.C.D.  Standing Committee Proceedings: 28th March 2006            

210

 

Police and Justice Bill, continued

 
 

(2)    

“child” means a person under the age of eighteen.’.

 


 

New Schedule Relating to part 5

 

Hazel Blears

 

Added  NS2

 

To move the following Schedule:—

 

‘Schedule to be inserted into the Protection of Children (Northern Ireland)

 

Order 1978

 

“SCHEDULE

 

Forfeiture of indecent photographs of children

 

Application of Schedule

 

1    (1)  

This Schedule applies where—

 

(a)    

property which has been lawfully seized in Northern

 

Ireland is in the custody of a constable,

 

(b)    

ignoring this Schedule, there is no legitimate reason for the

 

constable to retain custody of the property,

 

(c)    

the constable is satisfied that there are reasonable grounds

 

for believing that the property is or is likely to be forfeitable

 

property, and

 

(d)    

ignoring this Schedule, the constable is not aware of any

 

person who has a legitimate reason for possessing the

 

property or any readily separable part of it.

 

      (2)  

The following property is “forfeitable property”—

 

(a)    

any indecent photograph or pseudo-photograph of a child;

 

(b)    

any property which it is not reasonably practicable to

 

separate from any property within paragraph (a).

 

      (3)  

For the purposes of this paragraph—

 

(a)    

a part of any property is a “readily separable part” of the

 

property if, in all the circumstances, it is reasonably

 

practicable for it to be separated from the remainder of that

 

property, and

 

(b)    

it is reasonably practicable for a part of any property to be

 

separated from the remainder if it is reasonably practicable

 

to separate it without prejudicing the remainder of the

 

property or another part of it.

 

      (4)  

The circumstances mentioned in sub-paragraph (3)(a) include the

 

time and costs involved in separating the property.

 

Possession pending forfeiture

 

2    (1)  

The property must be retained in the custody of a constable until it

 

is returned or otherwise disposed of in accordance with this

 

Schedule.


 
 

S.C.D.  Standing Committee Proceedings: 28th March 2006            

211

 

Police and Justice Bill, continued

 
 

      (2)  

Nothing in section 31 of the Police (Northern Ireland) Act 1998

 

(property coming into the possession of the police) applies to

 

property held under this Schedule.

 

The relevant officer

 

3          

“The relevant officer”, in relation to any property, is the constable

 

who for the time being has custody of the property.

 

Notice of intended forfeiture

 

4    (1)  

The relevant officer must give notice of the intended forfeiture of

 

the property (“notice of intended forfeiture”) to—

 

(a)    

every person whom he believes to have been the owner of

 

the property, or one of its owners, at the time of the seizure

 

of the property,

 

(b)    

where the property was seized from premises, every person

 

whom the relevant officer believes to have been an

 

occupier of the premises at that time, and

 

(c)    

where the property was seized as a result of a search of any

 

person, that person.

 

      (2)  

The notice of intended forfeiture must set out—

 

(a)    

a description of the property, and

 

(b)    

how a person may give a notice of claim under this

 

Schedule and the period within which such a notice must be

 

given.

 

      (3)  

The notice of intended forfeiture may be given to a person only

 

by—

 

(a)    

delivering it to him personally,

 

(b)    

addressing it to him and leaving it for him at the appropriate

 

address, or

 

(c)    

addressing it to him and sending it to him at that address by

 

post.

 

      (4)  

But a notice given in accordance with sub-paragraph (1)(b) may,

 

where it is not practicable to give the notice in accordance with sub-

 

paragraph (3), be given by—

 

(a)    

addressing it to “the occupier” of those premises, without

 

naming him, and

 

(b)    

leaving it for him at those premises or sending it to him at

 

those premises by post.

 

      (5)  

Property may be treated or condemned as forfeited under this

 

Schedule only if—

 

(a)    

the requirements of this paragraph have been complied

 

with in the case of the property, or

 

(b)    

it was not reasonably practicable for them to be complied

 

with.

 

      (6)  

In this paragraph “the appropriate address”, in relation to a person,

 

means—

 

(a)    

in the case of a body corporate, its registered or principal

 

office in the United Kingdom;


 
 

S.C.D.  Standing Committee Proceedings: 28th March 2006            

212

 

Police and Justice Bill, continued

 
 

(b)    

in the case of a firm, the principal office of the partnership;

 

(c)    

in the case of an unincorporated body or association, the

 

principal office of the body or association;

 

(d)    

in any other case, his usual or last known place of residence

 

in the United Kingdom or his last known place of business

 

in the United Kingdom.

 

      (7)  

In the case of—

 

(a)    

a company registered outside the United Kingdom,

 

(b)    

a firm carrying on business outside the United Kingdom, or

 

(c)    

an unincorporated body or association with offices outside

 

the United Kingdom,

 

            

the references in this paragraph to its principal office include

 

references to its principal office within the United Kingdom (if

 

any).

 

Notice of claim

 

5    (1)  

A person claiming that he has a legitimate reason for possessing the

 

property or a part of it may give notice of his claim to a constable at

 

any police station in Northern Ireland.

 

      (2)  

Oral notice is not sufficient for these purposes.

 

6    (1)  

A notice of claim may not be given more than one month after—

 

(a)    

the date of the giving of the notice of intended forfeiture, or

 

(b)    

if no such notice has been given, the date on which the

 

property began to be retained under this Schedule (see

 

paragraph 2).

 

      (2)  

A notice of claim must specify—

 

(a)    

the name and address of the claimant;

 

(b)    

a description of the property, or part of it, in respect of

 

which the claim is made;

 

(c)    

in the case of a claimant who is outside the United

 

Kingdom, the name and address of a solicitor in the United

 

Kingdom who is authorised to accept service, and to act, on

 

behalf of the claimant.

 

      (3)  

Service upon a solicitor so specified is to be taken to be service on

 

the claimant for the purposes of any proceedings by virtue of this

 

Schedule.

 

      (4)  

In a case in which notice of intended forfeiture was given to

 

different persons on different days, the reference in this paragraph

 

to the day on which that notice was given is a reference—

 

(a)    

in relation to a person to whom notice of intended forfeiture

 

was given, to the day on which that notice was given to that

 

person, and

 

(b)    

in relation to any other person, to the day on which notice

 

of intended forfeiture was given to the last person to be

 

given such a notice.

 

Automatic forfeiture in a case where no claim is made

 

7    (1)  

If the property is unclaimed it is treated as forfeited.


 
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