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(b) has requested written confirmation from the country or territory concerned of the details of that person’s case.
(2) The issuing authority may send the certificate (with any other documents appearing to the authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).
(3) The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).
(4) The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not he is in possession of the warrant or a copy of it).
(5) A person arrested under this section shall, as soon as is practicable—
(a) be given a copy of the warrant for his arrest; and
(b) be brought before the appropriate judge.
(6) The appropriate judge may order that a person before him who is the subject of a certificate under this section is to be detained from the time the order is made until the end of the period of seven days beginning with the day after that on which the order is made.
(7) The purpose of an order under subsection (6) is to secure the detention of the person concerned while—
(a) written confirmation is obtained from a representative of the country or territory concerned of the details of his case;
(b) it is established whether he is a person falling within section 4A(3); and
(c) any application for an order under section 4E(6) is made in respect of him.
(8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).
(9) Subsection (8) ceases to apply to the detained person if, during that period, an order under section 4E is made in respect of him.
(10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested under this section.
4E Arrest and detention with a view to determining whether to issue a warrant under section 4A
(1) The Secretary of State or the Scottish Ministers may issue a certificate stating that the issuing authority—
(a) considers that a person in the United Kingdom is a person falling within section 4A(3), and
(b) has received written confirmation from a representative of the country or territory concerned of the details of that person’s case;
and it is immaterial for the purposes of this section whether or not the person concerned has been previously arrested or detained under section 4D.
(2) The issuing authority may send the certificate (with a copy of the written confirmation mentioned in subsection (1)(b) and any other documents appearing to that authority to be relevant) to the appropriate judge with a view to obtaining the issue of a warrant under subsection (3).
(3) The appropriate judge may, on receiving the certificate, issue a warrant for the arrest of the person concerned if the judge is satisfied that there are reasonable grounds for believing that the person falls within section 4A(3).
(4) The warrant may be executed anywhere in the United Kingdom by any designated person (and it is immaterial whether or not that person is in possession of the warrant or a copy of it).
(5) A person arrested under this section shall, as soon as is practicable—
(a) be given a copy of the warrant for his arrest; and
(b) be brought before the appropriate judge.
(6) The appropriate judge may, on the application of the Secretary of State or the Scottish Ministers, order that a person before the judge who—
(a) is the subject of a certificate under this section, and
(b) the judge is satisfied is a person falling within section 4A(3),
shall be detained from the time the order is made until the end of the period of fourteen days beginning with the day after that on which the order is made.
(7) The purpose of an order under subsection (6) is to secure the detention of the person concerned until—
(a) it is determined whether to issue a warrant under section 4A; and
(b) if so determined, such a warrant is issued.
(8) Subject to subsection (9), a person detained under such an order may be released at any time during the period mentioned in subsection (6) and shall be released at the end of that period (if not released sooner).
(9) Subsection (8) ceases to apply to the detained person if, during that period, a warrant under section 4A is issued in respect of him.
(10) It is immaterial for the purposes of subsection (6) whether or not the person concerned has previously been arrested or detained under section 4D or arrested under this section.
4F Sections 4D and 4E: supplementary provisions
(1) This section has effect for the purposes of sections 4D and 4E.
(2) A “designated person” is a person designated by the Secretary of State or the Scottish Ministers.
(a) in England and Wales, any District Judge (Magistrates’ Courts) who is designated for those purposes by the Lord Chief Justice after consulting the Lord Chancellor;
(b) in Scotland, the sheriff of Lothian and Borders; and
(c) in Northern Ireland, any county court judge or resident magistrate who is designated for those purposes by the Lord Chief Justice of Northern Ireland after consulting the Lord Chancellor.
(4) A designation under subsection (2) or (3)(a) or (c) may be made—
(a) for the purposes of section 4D or 4E (or both); and
(b) for all cases or only for cases (or cases of a description) specified in the designation.
(5) A designated person shall have all the powers, authority, protection and privileges of a constable in any part of the United Kingdom in which a person who may be arrested under section 4D or 4E is for the time being.”’.— [ Ms Diana R. Johnson .]
Brought up, read the First and Second time, and added to the Bill.
‘(1) The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47) made by section 44(2) and (3) of the Police and Justice Act 2006 (c.48) (which amend the requirement for the prisoner’s consent to any transfer to or from the United Kingdom) apply in relation to cases in which the relevant Minister for the purposes of section 1 is the Scottish Ministers as they apply in other cases.
(2) In section 2(6) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of the United Kingdom) in the definition of “hospital order”, after “1986” insert “or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995”.
(3) In section 8(1) (interpretation etc.), before the definition of “international arrangements” insert—
“enactment” includes an enactment comprised in, or in an instrument under, an Act of the Scottish Parliament.”’.— [ Ms Diana R. Johnson .]
Brought up, read the First and Second time, and added to the Bill.
‘The offences of blasphemy and blasphemous libel are abolished.’.— [Dr. Evan Harris.]
Brought up, and read the First time.
Dr. Evan Harris (Oxford, West and Abingdon) (LD): I beg to move, That the clause be read a Second time.
Mr. Speaker: With this it will be convenient to discuss the following:
New clause 14— Hatred against persons on transgender grounds—
‘The Public Order Act 1986 (c. 64) is amended in accordance with Schedule [Hatred against persons on transgender grounds] to this Act, which creates offences involving stirring up hatred against persons on transgender grounds.’.
New clause 15— Increase in sentences for aggravation related to transgender—
‘The Criminal Justice Act 2003 (c. 44) is amended in accordance with Schedule [Increases in sentences for aggravation related to transgender] to this Act, which creates increased tariffs where offences are on transgender grounds.’.
New clause 16— Amendment of Police and Criminal Evidence Act 1984—
‘In section 24A of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant by persons other than constables) in subsection (5) leave out from ‘or’ to end and insert ‘, 3A or 3B of the Public Order Act 1986.’.
New schedule 1— ‘Hatred against persons on transgender grounds—
In the Public Order Act 1986 (c. 64), after Part 3A insert—
Meaning of “transgender hatred”
29P Meaning of “transgender hatred”
In this Part “transgender hatred” means hatred against a group of persons defined by reference to transgender identity or appearance.
Acts intended to stir up transgender hatred
29Q Use of words or behaviour or display or written material
(1) A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—
(a) he intends thereby to stir up transgender hatred, or
(b) having regard to all the circumstances transgender hatred is likely to be stirred up thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
(3) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(4) In proceedings for an offence under this section it is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
(5) This section does not apply to words or behaviour used, or written material displayed, solely for the purpose of being included in a programme service.
29R Publishing or distributing written material
(1) A person who publishes or distributes written material which is threatening is guilty of an offence if—
(a) he intends thereby to stir up transgender hatred, or
(b) having regard to all the circumstances transgender hatred is likely to be stirred up thereby.
(2) References in this Part to the publication or distribution of written material are to its publication or distribution to the public or a section of the public.
29S Public performance of play
(1) If a public performance of a play is given which involves the use of threatening words or behaviour, any person who presents or directs the performance is guilty of an offence if—
(a) he intends thereby to stir up transgender hatred, or
(b) having regard to all the circumstances (and, in particular, taking the performance as a whole) transgender hatred is likely to be stirred up thereby.
(2) This section does not apply to a performance given solely or primarily for one or more of the following purposes—
(b) making a recording of the performance, or
(c) enabling the performance to be included in a programme service;
but if it is proved that the performance was attended by persons other than those directly connected with the giving of the performance or the doing in relation to it of the things mentioned in paragraph (b) or (c), the performance shall, unless the contrary is shown, be taken not to have been given solely or primarily for the purpose mentioned above.
(3) For the purposes of this section—
(a) a person shall not be treated as presenting a performance of a play by reason only of his taking part in it as a performer,
(b) a person taking part as a performer in a performance directed by another shall be treated as a person who directed the performance if without reasonable excuse he performs otherwise than in accordance with that person’s direction, and
(c) a person shall be taken to have directed a performance of a play given under his direction notwithstanding that he was not present during the performance;
and a person shall not be treated as aiding or abetting the commission of an offence under this section by reason only of his taking part in a performance as a performer.
(4) In this section “play” and “public performance” have the same meaning as in the Theatres Act 1968.
(5) The following provisions of the Theatres Act 1968 apply in relation to an offence under this section as they apply to an offence under section 2 of that Act—
(a) section 9 (script as evidence of what was performed),
(b) section 10 (power to make copies of script),
(c) section 15 (powers of entry and inspection).
29T Distributing, showing or playing a recording
(1) A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening is guilty of an offence if—
(a) he intends thereby to stir up transgender hatred, or
(b) having regard to all the circumstances transgender hatred is likely to be stirred up thereby.
(2) In this Part “recording” means any record from which visual images or sounds may, by any means, be reproduced; and references to the distribution, showing or playing of a recording are to its distribution, showing or playing to the public or a section of the public.
(3) This section does not apply to the showing or playing of a recording solely for the purpose of enabling the recording to be included in a programme service.
29U Broadcasting or including programme in programme service
(1) If a programme involving threatening visual images or sounds is included in a programme service, each of the persons mentioned in subsection (2) is guilty of an offence if—
(a) he intends thereby to stir up transgender hatred, or
(b) having regard to all the circumstances transgender hatred is likely to be stirred up thereby.
(a) the person providing the programme service,
(b) any person by whom the programme is produced or directed, and
(c) any person by whom offending words or behaviours are used.
29V Possession of inflammatory material
(1) A person who has in his possession written material which is threatening, abusive or insulting, or a recording of visual images or sounds which are threatening, abusive or insulting, with a view to—
(a) in the case of written material, its being displayed, published, distributed, or included in a programme service whether by himself or another, or
(b) in the case of a recording, its being distributed, shown, played, or included in a programme service, whether by himself or another,
is guilty of an offence if he intends transgender hatred to be stirred up thereby or, having regard to all the circumstances, transgender hatred is likely to be stirred up thereby.
(2) For this purpose regard shall be had to such display, publication, distribution, showing, playing, or inclusion in a programme service as he has, or it may reasonably be inferred that he has, in view.
29W Powers of entry and search
(1) If in England and Wales a justice of the peace is satisfied by information on oath laid by a constable that there are reasonable grounds for suspecting that a person has possession of written materials or a recording in contravention of section 29V, the justice may issue a warrant under his hand authorising any constable to enter and search the premises where it is suspected the material or recording is situated.
(2) If in Scotland a sheriff or justice of the peace is satisfied by evidence on oath that there are reasonable grounds for suspecting that a person has possession of written material or a recording in contravention of section 29V, the sheriff or justice may issue a warrant authorising any constable to enter and search the premises where it is suspected the material or recording is situated.
(3) A constable entering or searching premises in pursuance of a warrant issued under this section may use reasonable force if necessary.
(4) In this section “premises” means any place and, in particular, includes—
(a) any vehicle, vessel, aircraft or hovercraft,
(b) any offshore installation as defined in section 12 of the Mineral Workings (Offshore Installations) Act 1971, and
(c) any tent or movable structure.
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