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19

 

Clause 36

26

Leave out Clause 36

Clause 37

27

Leave out Clause 37

Clause 39

28

Page 32, line 10, leave out from beginning to “subsection” in line 11 and insert—

 

“(1)    

In the Computer Misuse Act 1990 (c. 18) (“the 1990 Act”), section 1 is

 

amended as follows.

 

(2)    

In subsection (1)—

 

(a)    

in paragraph (a), after “any computer” there is inserted “, or to

 

enable any such access to be secured”;

 

(b)    

in paragraph (b), after “secure” there is inserted “, or to enable to be

 

secured,”.

 

(3)    

For”

Clause 40

29

Page 32, line 25, leave out from beginning to end of line 2 on page 33 and insert—

 

“3      

  Unauthorised acts with intent to impair, or with recklessness as to

 

impairing, operation of computer, etc.

 

(1)    

A person is guilty of an offence if—

 

(a)    

he does any unauthorised act in relation to a computer;

 

(b)    

at the time when he does the act he knows that it is unauthorised;

 

and

 

(c)    

either subsection (2) or subsection (3) below applies.

 

(2)    

This subsection applies if the person intends by doing the act—

 

(a)    

to impair the operation of any computer;

 

(b)    

to prevent or hinder access to any program or data held in any

 

computer;

 

(c)    

to impair the operation of any such program or the reliability of any

 

such data; or

 

(d)    

to enable any of the things mentioned in paragraphs (a) to (c) above

 

to be done.

 

(3)    

This subsection applies if the person is reckless as to whether the act will

 

do any of the things mentioned in paragraphs (a) to (d) of subsection (2)

 

above.

 

(4)    

The intention referred to in subsection (2) above, or the recklessness

 

referred to in subsection (3) above, need not relate to—

 

(a)    

any particular computer;

 

(b)    

any particular program or data; or

 

(c)    

a program or data of any particular kind.”

30

Page 33, line 6, at end insert—


 
 

20

 
 

“(c)    

a reference to impairing, preventing or hindering something

 

includes a reference to doing so temporarily.”

Clause 41

31

Page 33, line 23, leave out from “3” to end of line 24 and insert—

 

“( )    

A person is guilty of an offence if he supplies or offers to supply any article

 

believing that it is likely to be used to commit, or to assist in the commission

 

of, an offence under section 1 or 3.”

Clause 42

32

Page 33, line 39, at end insert—

 

“( )    

The amendments made by—

 

(a)    

subsection (2) of section 39, and

 

(b)    

paragraphs 16(2), 22(1A) and 26(1A) of Schedule 15,

 

    

apply only where every act or other event proof of which is required for

 

conviction of an offence under section 1 of the 1990 Act takes place after

 

that subsection comes into force.”

33

Page 33, line 41, at beginning insert “subsection (3) of”

34

Page 33, line 43, leave out “section” and insert “subsection”

35

Page 34, line 7, leave out “16, 22, 24(4) and (5) and 26” and insert “16(3), 22(2) to (4),

 

24(4) and (5) and 26(2) and (3)”

After Clause 46

36

Insert the following new Clause—

 

“Designation of Part 2 territories: omission of United States of America

 

In the list of territories in paragraph 3(2) of the Extradition Act 2003

 

(Designation of Part 2 Territories) Order 2003 (S.I. 2003/3334) “the United

 

States of America” is omitted.”

37

Insert the following new Clause—

 

“Repatriation of prisoners

 

Transfer of prisoner under international arrangements not requiring his consent

 

(1)    

Section 1 of the Repatriation of Prisoners Act 1984 (c. 47) (issue of warrant

 

for transfer) is amended as follows.

 

(2)    

In subsection (1), for paragraph (c) there is substituted—

 

“(c)    

in a case in which the terms of those arrangements provide

 

for the prisoner to be transferred only with his consent, the

 

prisoner’s consent has been given,”.

 

(3)    

In subsection (5), for the words from the beginning to “was given” there is

 

substituted “In such a case as is referred to in subsection (1)(c) above, the

 

relevant Minister shall not issue a warrant under this Act unless he is

 

satisfied that the prisoner’s consent was given”.


 
 

21

 
 

(4)    

The amendments to section 1 of the 1984 Act in subsections (2) and (3) do

 

not have effect in relation to any case in which the relevant Minister under

 

that section is the Scottish Ministers.”

Before Clause 47

38

Insert the following new Clause—

 

“Attendance by accused at certain preliminary or sentencing hearings

 

For section 57 of the Crime and Disorder Act 1998 (c. 37) (use of live

 

television links at preliminary hearings) there is substituted—

 

“Part 3A

 

Live links for accused’s attendance at certain preliminary and

 

sentencing hearings

 

57A    

Introductory

 

(1)    

This Part—

 

(a)    

applies to preliminary hearings and sentencing hearings in

 

the course of proceedings for an offence; and

 

(b)    

enables the court in the circumstances provided for in

 

sections 57B, 57C and 57E to direct the use of a live link for

 

securing the accused’s attendance at a hearing to which this

 

Part applies.

 

(2)    

The accused is to be treated as present in court when, by virtue of a

 

live link direction under this Part, he attends a hearing through a

 

live link.

 

(3)    

In this Part—

 

“custody”—

 

(a)    

includes local authority accommodation to which a

 

person is remanded or committed by virtue of

 

section 23 of the Children and Young Persons Act

 

1969; but

 

(b)    

does not include police detention;

 

“live link” means an arrangement by which a person (when

 

not in the place where the hearing is being held)  is able to

 

see and hear, and to be seen and heard by, the court during

 

a hearing (and for this purpose any impairment of eyesight

 

or hearing is to be disregarded);

 

“police detention” has the meaning given by section 118(2) of

 

the Police and Criminal Evidence Act 1984;

 

“preliminary hearing” means a hearing in the proceedings

 

held before the start of the trial (within the meaning of

 

subsection (11A) or (11B) of section 22 of the 1985 Act)

 

including, in the case of proceedings in the Crown Court, a

 

preparatory hearing held under—

 

(a)    

section 7 of the Criminal Justice Act 1987 (cases of

 

serious or complex fraud); or


 
 

22

 
 

(b)    

section 29 of the Criminal Procedure and

 

Investigations Act 1996 (other serious, complex or

 

lengthy cases);

 

“sentencing hearing” means any hearing following conviction

 

which is held for the purpose of—

 

(a)    

proceedings relating to the giving or rescinding of a

 

direction under section 57E;

 

(b)    

proceedings (in a magistrates’ court) relating to

 

committal to the Crown Court for sentencing; or

 

(c)    

sentencing the offender or determining how the

 

court should deal with him in respect of the offence.

 

57B    

Use of live link at preliminary hearings where accused is in

 

custody

 

(1)    

This section applies in relation to a preliminary hearing in a

 

magistrates’ court or the Crown Court.

 

(2)    

Where it appears to the court before which the preliminary hearing

 

is to take place that the accused is likely to be held in custody during

 

the hearing, the court may give a live link direction under this

 

section in relation to the attendance of the accused at the hearing.

 

(3)    

A live link direction under this section is a direction requiring the

 

accused, if he is being held in custody during the hearing, to attend

 

it through a live link from the place at which he is being held.

 

(4)    

If a hearing takes place in relation to the giving or rescinding of

 

such a direction, the court may require or permit a person attending

 

the hearing to do so through a live link.

 

(5)    

The court shall not give or rescind such a direction (whether at a

 

hearing or otherwise) unless the parties to the proceedings have

 

been given the opportunity to make representations.

 

(6)    

If in a case where it has power to do so a magistrates’ court decides

 

not to give a live link direction under this section, it must—

 

(a)    

state in open court its reasons for not doing so; and

 

(b)    

cause those reasons to be entered in the register of its

 

proceedings.

 

57C    

Use of live link at preliminary hearings where accused is at police

 

station

 

(1)    

This section applies in relation to a preliminary hearing in a

 

magistrates’ court.

 

(2)    

Where subsection (3) or (4) applies to the accused, the court may

 

give a live link direction in relation to his attendance at the

 

preliminary hearing.

 

(3)    

This subsection applies to the accused if—

 

(a)    

he is in police detention at a police station in connection

 

with the offence; and

 

(b)    

it appears to the court that he is likely to remain at that

 

station in police detention until the beginning of the

 

preliminary hearing.


 
 

23

 
 

(4)    

This subsection applies to the accused if he is at a police station in

 

answer to live link bail in connection with the offence.

 

(5)    

A live link direction under this section is a direction requiring the

 

accused to attend the preliminary hearing through a live link from

 

the police station.

 

(6)    

But a direction given in relation to an accused to whom subsection

 

(3) applies has no effect if he does not remain in police detention at

 

the police station until the beginning of the preliminary hearing.

 

(7)    

A live link direction under this section may not be given unless the

 

accused has given his consent to the court.

 

(8)    

A magistrates’ court may rescind a live link direction under this

 

section at any time before or during a hearing to which it relates.

 

(9)    

A magistrates’ court may require or permit—

 

(a)    

the accused to give or withhold consent under subsection

 

(7) through a live link; and

 

(b)    

any party to the proceedings who wishes to make

 

representations in relation to the giving or rescission of a

 

live link direction under this section to do so through a live

 

link.

 

(10)    

Where a live link direction under this section is given in relation to

 

an accused person who is answering to live link bail he is to be

 

treated as having surrendered to the custody of the court (as from

 

the time when the direction is given).

 

(11)    

In this section, “live link bail” means bail granted under Part 4 of the

 

Police and Criminal Evidence Act 1984 subject to the duty

 

mentioned in section 47(3)(b) of that Act.

 

57D    

Continued use of live link for sentencing hearing following a

 

preliminary hearing

 

(1)    

Subsection (2) applies where—

 

(a)    

a live link direction under section 57B or 57C is in force;

 

(b)    

the accused is attending a preliminary hearing through a

 

live link by virtue of the direction;

 

(c)    

the court convicts him of the offence in the course of that

 

hearing (whether by virtue of a guilty plea or an indication

 

of an intention to plead guilty); and

 

(d)    

the court proposes to continue the hearing as a sentencing

 

hearing in relation to the offence.

 

(2)    

The accused may continue to attend through the live link by virtue

 

of the direction if—

 

(a)    

the hearing is continued as a sentencing hearing in relation

 

to the offence;

 

(b)    

the accused consents to his continuing to attend through the

 

live link; and

 

(c)    

the court is satisfied that it is not contrary to the interests of

 

justice for him to do so.

 

(3)    

But the accused may not give oral evidence through the live link

 

during a continued hearing under subsection (2) unless—


 
 

24

 
 

(a)    

he consents to give evidence in that way; and

 

(b)    

the court is satisfied that it is not contrary to the interests of

 

justice for him to give it in that way.

 

57E    

Use of live link in sentencing hearings

 

(1)    

This section applies where the accused is convicted of the offence.

 

(2)    

If it appears to the court by or before which the accused is convicted

 

that it is likely that he will be held in custody during any sentencing

 

hearing for the offence, the court may give a live link direction

 

under this section in relation to that hearing.

 

(3)    

A live link direction under this section is a direction requiring the

 

accused, if he is being held in custody during the hearing, to attend

 

it through a live link from the place at which he is being held.

 

(4)    

Such a direction—

 

(a)    

may be given by the court of its own motion or on an

 

application by a party; and

 

(b)    

may be given in relation to all subsequent sentencing

 

hearings before the court or to such hearing or hearings as

 

may be specified or described in the direction.

 

(5)    

The court may not give such a direction unless—

 

(a)    

the offender has given his consent to the direction; and

 

(b)    

the court is satisfied that it is not contrary to the interests of

 

justice to give the direction.

 

(6)    

The court may rescind such a direction at any time before or during

 

a hearing to which it relates if it appears to the court to be in the

 

interests of justice to do so (but this does not affect the court’s

 

power to give a further live link direction in relation to the

 

offender).

 

    

The court may exercise this power of its own motion or on an

 

application by a party.

 

(7)    

The offender may not give oral evidence while attending a hearing

 

through a live link by virtue of this section unless—

 

(a)    

he consents to give evidence in that way; and

 

(b)    

the court is satisfied that it is not contrary to the interests of

 

justice for him to give it in that way.

 

(8)    

The court must—

 

(a)    

state in open court its reasons for refusing an application

 

for, or for the rescission of, a live link direction under this

 

section; and

 

(b)    

if it is a magistrates’ court, cause those reasons to be entered

 

in the register of its proceedings.””

39

Insert the following new Clause—

 

“Live link bail

 

(1)    

The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

 

(2)    

After section 34(7) (persons who are to be treated as arrested) there is

 

inserted—


 
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