Police and Justice Bill

House of Commons

Session 2005 - 06
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Police and Justice Bill

Police and Justice Bill
Schedule 14 — Extradition
Part 2 — Amendments to other Acts
136

the person to be removed from the prison or other institution where
he is detained.”
Authentication of receivable documents
24
In section 202 (receivable documents), in subsection (4) (persons who may
authenticate documents)—
5
(a)
in paragraph (a), for “other judicial authority” there is substituted
“officer”;
(b)
after that paragraph there is inserted—
“(aa)
it purports to be certified, whether by seal or
otherwise, by the Ministry or Department of the
10
territory responsible for justice or for foreign affairs;”.
Part 2
Amendments to other Acts
Powers of High Court in relation to bail decisions by magistrates’ court
25    (1)
Section 22 of the Criminal Justice Act 1967 (c. 80) (power of High Court to
15
grant, or vary conditions of, bail) is amended as follows.
      (2)
After subsection (1) (application to grant bail etc where case stated to High
Court) there is inserted—
“(1A)
Where a magistrates’ court withholds bail in extradition proceedings
or imposes conditions in granting bail in extradition proceedings, the
20
High Court may grant bail or vary the conditions.”
      (3)
In subsection (4) (which defines certain terms used in section 22), after ““bail
in criminal proceedings”” there is inserted “, “extradition proceedings””.
26
In section 1(1A) of the Bail (Amendment) Act 1993 (c. 26) (right of
prosecution to appeal to Crown Court against granting of bail in extradition
25
proceedings), for “a judge of the Crown Court” there is substituted “the
High Court”.
27    (1)
Section 10 of the Justice (Northern Ireland) Act 2004 (c. 4) (prosecution right
of appeal against grant of bail by magistrates’ court) is amended as follows.
      (2)
After subsection (1) there is inserted—
30
“(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)”.
      (4)
In subsection (4)—
35
(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
“the court which has granted bail”.
40
      (6)
In subsection (8)—

Police and Justice Bill
Schedule 14 — Extradition
Part 2 — Amendments to other Acts
137

(a)
after “subsection (1)” there is inserted “or (1A)”;
(b)
“magistrates’” is omitted.
      (7)
After subsection (11) there is inserted—
“(12)
In this section—
“extradition proceedings” means proceedings under the
5
Extradition Act 2003;
“magistrates’ court” and “court”, in relation to extradition
proceedings, mean a resident magistrate designated in
accordance with section 67 or section 139 of the Extradition
Act 2003;
10
“prosecution”, in relation to extradition proceedings, means the
person acting on behalf of the territory to which extradition
is sought.”
28
After section 10 of the Justice (Northern Ireland) Act 2004 (c. 4) there is
inserted—
15
“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
20
to a magistrates’ court shall be construed accordingly.
(2)
In this section “extradition proceedings” has the same meaning as in
section 10.”
Amendments consequential on amendments in Part 1
29
In section 49 of the Prison Act 1952 (c. 52) (persons unlawfully at large), at
25
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
served as part of a sentence”.
30
In section 4(2B) of the Bail Act 1976 (c. 63) (no right to bail in certain
30
extradition proceedings), for “to be unlawfully at large after conviction”
there is substituted “to have been convicted”.
31
In section 40 of the Prisons (Scotland) Act 1989 (c. 45) (persons unlawfully at
large), in subsection (2), for the words from “Provided” to the end there is
substituted “Provided that this subsection shall not apply—
35
(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
centre, or
(b)
to any period which under section 151A of the Extradition
40
Act 2003 counts as time served as part of a sentence”.
32    (1)
Section 210 of the Criminal Procedure (Scotland) Act 1995 (c. 46)
(consideration of time spent in custody) is amended as follows.
      (2)
In subsection (1)—

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
138

(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.
33
Section 243 of the Criminal Justice Act 2003 (c. 44) (persons extradited to the
5
United Kingdom) is repealed.
34
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)—
(a)
after paragraph (b) there is inserted—
10
“(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
certain appeals under section 114);”.
15
Schedule 15
Section 47

Minor and consequential amendments
Criminal Damage Act 1971 (c. 48)
1
In section 10 of the Criminal Damage Act 1971 (interpretation), after
subsection (4) there is inserted—
20
“(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.”
Superannuation Act 1972 (c. 11)
25
2     (1)
In Schedule 1 to the Superannuation Act 1972 (employments etc to which
section 1 can apply), at the appropriate place in the list of “Offices” there is
inserted—
“The office of inspector or assistant inspector of constabulary,
where held by a person to whom paragraphs (a) and (b) of
30
section 11(7) of the Police Pensions Act 1976 apply (inspectors
etc not eligible for police pensions).”
      (2)
The amendment made by sub-paragraph (1) shall be deemed always to have
had effect.
Police Pensions Act 1976 (c. 35)
35
3     (1)
In section 11 of the Police Pensions Act 1976 (interpretation), after subsection
(6) there is inserted—
“(7)
References in this Act to an inspector or assistant inspector of
constabulary, and to service as such, do not have effect in relation to
cases in which the person in question—
40

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
139

(a)
was appointed on or after 1st January 1999, and
(b)
did not serve as a member of a police force at any time before
his appointment took effect.”
      (2)
The amendment made by sub-paragraph (1) shall be deemed always to have
had effect.
5
Bail Act 1976 (c. 63)
4
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
10
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))
5
In Article 12 of the Criminal Damage (Northern Ireland) Order 1977
15
(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.”
20
Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
6
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)
25
7     (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
30
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)
35
8
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

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
140

accredited inspector by virtue of accreditation specifying that
paragraph 1 of Schedule 5A to the 2002 Act applies to him.”
Housing Act 1985 (c. 68)
9     (1)
Section 82A of the Housing Act 1985 (demotion because of anti-social
behaviour) is amended as follows.
5
      (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
(ii)
conduct to which section 153B of the Housing
Act 1996 (use of premises for unlawful
10
purposes) applies, and”.
      (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.”
10    (1)
Section 121A of that Act (order suspending right to buy because of anti-
15
social behaviour) is amended as follows.
      (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
(ii)
conduct to which section 153B of the Housing
20
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
meaning as in section 153A of the Housing Act 1996.”
25
Housing Act 1988 (c. 50)
11    (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—
30
(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”.
      (3)
After subsection (10) there is inserted—
35
“(10A)
In subsection (4)(a) “housing-related anti-social conduct” has the
same meaning as in section 153A of the Housing Act 1996.”
Computer Misuse Act 1990 (c. 18)
12
In section 2 of the Computer Misuse Act 1990 (unauthorised access with
intent to commit or facilitate commission of further offences), for subsection
40

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
141

(5) there is substituted—
“(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;
5
(b)
on summary conviction in Scotland, to imprisonment for a
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
13
In the heading to section 4 of that Act (territorial scope of offences under that
Act), for “offences under this Act” there is substituted “offences under
sections 1 to 3”.
14
In section 5 of that Act (significant links with domestic jurisdiction), in
subsection (3)—
15
(a)
in paragraph (a), for “he did the act which caused the unauthorised
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
20
computer in the home country concerned.”
15
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
25
substituted “offence under section 1, 2 or 3 above”.
16
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”;
30
(b)
in subsection (4), for “offence under this Act” there is substituted, in
each place, “offence under section 1, 2 or 3 above”.
17
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”.
35
18
Section 11 of that Act (proceedings for offences under section 1) is repealed.
19
Section 12 of that Act (conviction of an offence under section 1 in
proceedings for an offence under section 2 or 3) is repealed.
20    (1)
Section 13 of that Act (proceedings in Scotland) is amended as follows.
      (2)
In subsection (2)—
40
(a)
in paragraph (a), for “he did the act which caused the unauthorised
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
45
computer in the sheriffdom.”

Police and Justice Bill
Schedule 15 — Minor and consequential amendments
142

      (3)
Subsections (3) to (7) are omitted.
      (4)
In subsection (8), the words from “commenced” to the end are omitted.
21
Section 14 of that Act (search warrants for offences under section 1) is
repealed.
22    (1)
Section 16 of that Act (application to Northern Ireland) is amended as
5
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
10
(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
15
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—
20
“(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.”
25
      (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
30
months.”
      (7)
Subsections (10), (11) and (12) are omitted.
23
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
35
by a constable that there are reasonable grounds for believing—
(a)
that an offence under section 1 above has been or is about to
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,
40

he may issue a warrant authorising a constable to enter and search
the premises, using such reasonable force as is necessary.