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| | Page 104, line 21 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 104, line 26 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 104, line 35 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 104, line 40 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 105, line 10 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 105, line 18 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 106, line 7 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 106, line 12 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 107, line 17 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 107, line 26 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 107, line 32 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 108, line 5 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 108, line 17 [Schedule 11], leave out ‘, Community Safety and Custody’ and |
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| | insert ‘and Community Safety’. |
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| | Page 125, line 3 [Schedule 14], at end insert— |
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| | Page 125, line 5 [Schedule 14], leave out ‘19A’ and insert ‘19B’. |
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| | Page 125, line 23 [Schedule 14], at end insert— |
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| | | (1) | If the conduct disclosed by the request was committed partly in the United |
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| | | Kingdom, the judge shall not order the extradition of the person unless it appears, |
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| | | in the light of all the circumstances, that it would be in the interests of justice that |
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| | | the person should be tried in the category 1 territory. |
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| | | (2) | In deciding whether extradition is in the interests of justice the judge shall take |
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| | | into account whether the competent UK authorities have decided to refrain from |
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| | | prosecuting the person whose surrender is sought for the conduct constituting the |
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| | | offence for which extradition is requested.”.’. |
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| | Page 133, line 6 [Schedule 14], leave out paragraph 15. |
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| | Page 133, line 8 [Schedule 14], at end insert— |
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| | | 15A(1) | Section 79 (bars to extradition) is amended as follows. |
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| | | (2) | After subsection (1)(d) there is inserted— |
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| | | |
| | | (3) | In subsection (2) “83” is omitted and “83A” inserted. |
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| | | (4) | After section 83 there is inserted— |
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| | | (1) | If the conduct constituting the offence was committed partly in the |
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| | | United Kingdom, the judge shall not order the extradition of the |
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| | | person unless it appears, in the light of all the circumstances, that it |
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| | | would be in the interests of justice that the person should be tried in |
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| | | the category 2 territory. |
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| | | (2) | In deciding whether extradition is in the interests of justice the judge |
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| | | shall take into account whether the competent UK authorities have |
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| | | decided to refrain from prosecuting the person whose surrender is |
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| | | sought for the conduct constituting the offence for which extradition |
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| | Page 133, line 8 [Schedule 14], at end insert— |
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| | | ‘Case where person has not been convicted |
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| | | 15B | In section 84 (case where person has not been convicted) after subsection |
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| | | (7)(b) there is inserted— |
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| | | “(c) | The Secretary of State may not designate under this |
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| | | subsection if to do so would be inconsistent with any |
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| | | obligation set out in an extradition treaty or other |
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| | | extradition arrangements in force between the United |
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| | | Kingdom and a category 2 territory.”.’. |
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| | Page 133, line 29 [Schedule 14], at end insert— |
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| | | ‘Scotland: references to Secretary of State |
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| | | | In section 141 (Scotland: references to Secretary of State), in subsection (2), |
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| | | after “Secretary of State” there is inserted “in paragraph (b) of section 70(2), |
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| | | in paragraph (c) of section 93(4) and”.’. |
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| | Page 134 [Schedule 14], leave out from line 25 to line 11 on page 135. |
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| | Page 137, line 23 [Schedule 14], at end insert— |
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| | | ‘Credit against sentence for periods of remand in custody of persons extradited to UK |
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| | | | In section 101 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) |
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| | | (detention and training orders: term of order, taking account of remands, etc), |
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| | | after subsection (12) there is inserted— |
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| | | “(12A) | Section 243 of the Criminal Justice Act 2003 (persons extradited to the |
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| | | United Kingdom) applies in relation to a person sentenced to a |
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| | | detention and training order as it applies in relation to a fixed-term |
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| | | prisoner, with the reference in subsection (2) of that section to section |
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| | | 240 being read as a reference to subsection (8) above.” |
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| | | | In section 243 of the Criminal Justice Act 2003 (c. 44) (persons extradited to |
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| | | the United Kingdom), in subsection (1), after “imposed” there is inserted “or |
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| | | he received that sentence”. |
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| | | (1) | Section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the |
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| | | United Kingdom) is amended as follows. |
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| | | (2) | In subsection (1), after “imposed” there is inserted “or he received that |
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| | | |
| | | (3) | After subsection (3) there is inserted— |
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| | | “(3A) | This section applies in relation to a person sentenced to a detention and |
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| | | training order as it applies in relation to a short-term or long-term |
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| | | prisoner, and as it so applies— |
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| | | (a) | the reference in subsection (2) above to section 67 of the 1967 |
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| | | Act shall be read as a reference to section 101(8) of the Powers |
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| | | of Criminal Courts (Sentencing) Act 2000; and |
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| | | (b) | the reference in that subsection to a relevant period shall be |
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| | | read as a reference to the period mentioned in the said section |
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| | Page 137 [Schedule 14], leave out lines 25 to 29. |
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| | Page 137 [Schedule 14], leave out from line 33 to line 6 on page 138. |
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| | Page 139, line 35 [Schedule 15], at end insert— |
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| | | ‘ | In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody |
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| | | officer before charge), in subsection (7B)— |
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| | | (a) | for “released under subsection (7)(a)” there is substituted “dealt with |
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| | | under subsection (7)(a)”; |
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| | | (b) | after “he is being released” there is inserted “, or (as the case may be) |
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| | | |
| | | (1) | Section 37B of that Act (consultation with the Director of Public Prosecutions) |
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| | | |
| | | (2) | In subsection (1), for “released on bail under section 37(7)(a)” there is |
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| | | substituted “dealt with under section 37(7)(a)”. |
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| | | (3) | In subsection (4), for “shall give written notice” there is substituted “shall give |
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| | | |
| | | (4) | After that subsection there is inserted— |
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| | | “(4A) | Notice under subsection (4) above shall be in writing, but in the case |
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| | | of a person kept in police detention under section 37(7)(a) above it |
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| | | may be given orally in the first instance and confirmed in writing |
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| | | |
| | | (5) | In subsection (8), for paragraph (a) there is substituted— |
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|
