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| | Extension of a referral order |
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| To move the following Clause:— |
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| | ‘(1) | Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 is amended |
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| | (2) | In paragraph 5(1) for “power” substitute “powers”. |
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| | (3) | For paragraph 5(2) substitute— |
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| | “(2) | Those powers are the powers to revoke the referral order (or each of the |
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| | referral orders) or extend it by up to 3 months.”. |
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| | (4) | In paragraph 5(5) for “so dealing with the offender” substitute “revoking an order |
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| | for an offence specified in sub-paragraph (4).”. |
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| | (5) | In paragraph 5(6) after “The appropriate court may not exercise the” insert |
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| | Accommodation in which persons aged under 18 may be detained |
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| To move the following Clause:— |
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| | ‘(1) | No person aged under 18 shall be detained in a young offender institution or a |
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| | secure training centre unless the Secretary of State certifies that he can be |
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| | (2) | In section 107(1) of the Powers of Criminal Courts (Sentencing Act) 2000 |
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| | (meaning of “youth detention accommodation”)— |
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| | (a) | omit paragraphs (a) and (b); and |
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| | (b) | in paragraph (c) after “by order specify” insert “but not including a secure |
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| | training centre or young offender institution”. |
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| | (3) | At the end of section 92(1)(b) of the Powers of Criminal Courts (Sentencing) Act |
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| | 2000 (detention under sections 90 and 91: place of detention etc.) substitute the |
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| | (4) | At the end of section 92(1) insert “provided that such place is not a secure training |
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| | centre or young offender institution”. |
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| | (5) | Omit sections 23(7A) and (7B) of the Children and Young Persons Act 1969. |
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| | (6) | Omit section 98 of the Crime and Disorder Act 1998.’. |
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| | Detention of persons believed to have committed an immigration offence |
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| To move the following Clause:— |
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| | ‘(1) | If a constable has reasonable grounds to believe that a person (“P”)— |
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| | (a) | has committed an offence under the Immigration Acts, and |
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| | (b) | has not taken reasonable steps to regularize his immigration status with |
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| | the Borders and Immigration Agency, |
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| | he must immediately detain P in custody. |
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| | (2) | P may be detained until— |
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| | (a) | the Borders and Immigration Agency has assumed responsibility for P, or |
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| | (b) | the period of 48 hours has elapsed, |
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| | whichever is the earlier. |
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| | (3) | The constable must, immediately after detaining P, inform the Borders and |
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| | Immigration Agency of the circumstances. |
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| | (4) | The Borders and Immigration Agency must— |
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| | (a) | ensure that an officer of the Agency meets P, and |
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| | (b) | take all other reasonable steps to determine P’s immigration status, |
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| | within 48 hours of P’s being detained.’. |
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| | Offences under football banning order |
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| To move the following Clause:— |
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| | ‘If a constable has reasonable grounds to believe that a person (“P”) is about to |
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| | breach the terms of a football banning order, he may require P to present his |
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| | Youth rehabilitation orders: report to Parliament |
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| To move the following Clause:— |
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| | ‘The Secretary of State must, within six months of the passing of this Act, lay a |
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| | report before both Houses of Parliament on— |
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| | (a) | the administrative changes he proposes to put in place to further the |
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| | welfare and development of children subject to youth rehabilitation |
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| | (b) | arrangements for pre-court procedures and post-court joint working of |
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| | agencies with a view to minimising court involvement.’. |
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| | Child offenders: report to Parliament |
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| To move the following Clause:— |
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| | ‘The Secretary of State must, within six months of the passing of this Act, lay a |
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| | report before both Houses of Parliament on the level of increased funding for |
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| | youth offending teams and partner agencies involved in dealing with child |
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| | Restraint of child offenders: report to Parliament |
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| To move the following Clause:— |
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| | ‘The Secretary of State must, within six months of the passing of this Act, lay a |
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| | report before both Houses of Parliament on safe restraint practices for child |
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| | Orders to promote rehabilitation of persons paying for the sexual services of a prostitute |
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| To move the following Clause:— |
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| | ‘(1) | The Street Offences Act 1959 (c. 57) is amended as follows. |
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| | (2) | After section 1A (inserted by section 72 of this Act) insert— |
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| | “1B | Orders to promote rehabilitation of persons paying for the sexual |
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| | services of a prostitute who has been trafficked |
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| | (1) | This subsection applies to any person who has paid for the sexual |
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| | services of a prostitute who has been trafficked. |
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| | (2) | The court may make an order under this subsection requiring a person to |
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| | whom subsection (1) applies to attend three meetings with the person for |
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| | the time being specified in the order (“the supervisor”) or with such other |
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| | person as the supervisor may direct. |
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| | (3) | The purpose of any order under subsection (2) is to promote the person’s |
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| | rehabilitation by assisting him, through attendance at those meetings, |
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| | (a) | address the causes of his conduct, and |
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| | (b) | find ways to cease engaging in such conduct in the future. |
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| | (4) | Section 1A applies where a court proposes to make an order under |
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| | subsection (2) as if the person subject to the order were the offender.”’. |
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| | Protection of vulnerable persons following conviction |
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| To move the following Clause:— |
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| | ‘(1) | The Magistrates’ Courts Act 1980 (c. 43) is amended as follows. |
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| | (2) | After section 11 insert— |
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| | “11A | Protection of vulnerable persons following conviction |
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| | (1) | Where a court has proceeded in the absence of an accused under section |
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| | 11 and following conviction the court or its officers are informed or |
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| | discover that the convicted person falls into a vulnerable category as laid |
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| | down by page 9 of the National Standards for Enforcement Agents, no |
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| | further steps under a fines collection order or enforcement measure shall |
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| | be taken until the court has held an inquiry into the means and |
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| | circumstances of the convicted person in his/her presence. |
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| | (2) | When conducting an inquiry into means and circumstances of the |
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| | convicted persons under subsection (1) the court shall also consider |
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| | whether any other occupant of the property in which the convicted person |
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| | resides falls into a vulnerable category. |
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| | (3) | Where on having conducted the inquiries required by subsection (1) in |
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| | the presence of the convicted person who is subject to the fine, and |
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| | having considered the situation of any other occupant required by |
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| | subsection (2), the court may vary the level of fine imposed on the |
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| | convicted person or substitute it with another penalty it considers |
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| | (4) | Where, on having conducted the inquiries required by subsection (1) in |
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| | the presence of the convicted person and having consdered the situation |
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| | of any other occupant as required by subsection (2), the court may place |
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| | such restrictions on enforcement as it sees fit and amend any fines |
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| | collection order as it sees fit, including withdrawing or cancelling the |
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| | (5) | Where the court or its officers are informed or discover that a convicted |
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| | person falls or is likely to fall into a vulnerable category any warrant of |
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| | distress issued will be suspended and returned to the court for further |
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| | Provision of attendance centres |
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| To move the following Clause:— |
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| | ‘(1) | Section 221 of the Criminal Justice Act 2003 (c. 44) (provision of attendance |
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| | centres) is amended as follows. |
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| | (2) | In subsection (1) after “provide attendance centres”, insert “for offenders aged 18 |
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| | and under 21; and through the Youth Justice Board to provide funding for |
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| | attendance centres for offenders aged 10 and under 18”. |
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| | (3) | After subsection (1) insert— |
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| | “(1A) | Youth offending teams may provide attendance centres for offenders |
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| | (4) | In subsection (2) for “25” substitute “21”. |
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| | (5) | In subsection (3) after “centres”, insert “for offenders aged 18 and under 21”. |
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| | (6) | After subsection (3) insert— |
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| | “(4) | For the purpose of providing attendance centres, youth offending teams |
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| | may make arrangements with any authority or organisation for the use of |
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| | Offence of pretending to be a legal executive |
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| To move the following Clause:— |
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| | ‘(1) | It is an offence for a person who is not a legal executive— |
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| | (a) | wilfully to pretend to be a legal executive, or |
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| | (b) | with the intention of implying falsely that that person is a legal executive,
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| | to take or use any name, title or description. |
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| | (2) | A person who is guilty of an offence under subsection (1) is liable— |
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| | (a) | on summary conviction, to imprisonment for a term not exceeding 12 |
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| | months or a fine not exceeding the statutory maximum (or both), and |
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| | (b) | on conviction on indictment, to imprisonment for a term not exceeding 2 |
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| | years or a fine (or both). |
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| | (3) | In relation to an offence under subsection (1) committed before the |
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| | commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the |
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| | reference in subsection (2)(a) to 12 months is to be read as a reference to six |
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| | (4) | In this section “legal executive” means a Fellow of the Institute of Legal |
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| | Restriction on extradition in cases where trial in United Kingdom more appropriate |
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| To move the following Clause:— |
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| | ‘(1) | The Extradition Act 2003 (c. 41) is amended as follows. |
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| | (2) | In section 11 (bars to extradition)— |
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| | (a) | at the end of subsection (1) there is inserted— |
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| | (b) | in subsection (2), for the words from “12” to “apply” there is substituted |
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| | (3) | After section 19A there is inserted— |
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| | (1) | A person’s extradition to a category 1 territory (“the requesting |
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| | territory”) is barred by reason of forum if (and only if) it appears that— |
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| | (a) | a significant part of the conduct alleged to constitute the |
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| | extradition offence is conduct in the United Kingdom, and |
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| | (b) | in view of that an all the other circumstances, it would not be in |
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| | the interests of justice for the person to be tried for the offence in |
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| | the requesting territory. |
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| | (2) | For the purposes of subsection (1)(b) the judge must take into account |
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| | whether the relevant prosecution authorities in the United Kingdom have |
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| | decided not to take proceedings against the person in respect of the |
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| | (3) | This section does not apply if the person is alleged to be unlawfully at |
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| | large after conviction of the extradition offence.” |
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| | (4) | In section 79 (bars to extradition)— |
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| | (a) | at the end of subsection (1) there is inserted— |
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| | (f) | in subsection (2), for “Sections 80 to 83” there is substituted |
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| | (5) | After section 83 there is inserted— |
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| | (1) | A person’s extradition to a category 2 territory (“the requesting |
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| | territory”) is barred by reason of forum if (and only if) it appears that— |
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| | (a) | a significant part of the conduct alleged to constitute the |
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| | extradition offence is conduct in the United Kingdom, and |
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| | (b) | in view of that and all the other circumstances, it would not be in |
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| | the interests of justice for the person to be tried for the offence in |
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| | the requesting territory. |
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| | (2) | For the purposes of subsection (1)(b) the judge must take into account |
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| | whether the relevant prosecution authorities in the United Kingdom have |
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| | decided not to take proceedings against the person in respect of the |
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| | (3) | This section does not apply if the person is alleged to be unlawfully at |
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| | large after conviction of the extradition offence.”’. |
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| | Qualification for jury service |
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| To move the following Clause:— |
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| | ‘(1) | The Juries Act 1974 (c. 23) is amended as follows. |
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| | (2) | For section 1 (qualification for jury service) substitute— |
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| | “1 | Qualification for jury service |
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| | (1) | Subject to the provisions of this Act, every person shall be qualified to |
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| | serve as a juror in the Crown Court, the High Court and county courts and |
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| | be liable accordingly to attend for jury service when summoned under |
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| | (a) | he is for the time being registered as a parliamentary or local |
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| | government elector and is not less than eighteen nor more than |
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| | (b) | he has been ordinarily resident in the United Kingdom, the |
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| | Channel Islands or the Isle of Man for any period of at least five |
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| | years since attaining the age of thirteen; |
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| | (c) | he has capacity in relation to jury service; and |
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| | (d) | he is not disqualified for jury service. |
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| | (2) | In this section “capacity” has the same meaning as in section 2 of the |
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| | Mental Capacity Act 2005 (c. ). |
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| | (3) | The persons who are disqualified for jury service are those listed in |
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| | Schedule 1 to this Act.”. |
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| | (3) | For Schedule 1 (mentally disordered persons and persons disqualified for jury |
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| | persons disqualified for jury service |
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| | 1 | A person who is on bail in criminal proceedings (within the meaning |
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