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Amendment made: No. 108, page 242, line 20, leave out ‘, the Isle of Man’.— [Mr. Blizzard.]
Amendment made: No. 65, page 245, line 8, after ‘person’ insert
‘required to pay the financial penalty’. — [Mr. Blizzard.]
Amendments made: No. 66, page 245, line 22, leave out ‘offender’ and insert ‘liable person’.
No. 67, page 245, line 25, leave out ‘offender’ and insert ‘liable person’.
No. 68, page 246, line 3, leave out from ‘conduct’ to end of line 4 and insert
‘by a person who was under the age of 10 when the conduct took place.’.
No. 69, line 7, leave out ‘offender’ and insert ‘liable person’.
No. 70, line 11, leave out first ‘offender’ and insert ‘liable person’.
No. 70A, page 246, line 11, leave out second ‘offender’ and insert ‘liable person’.
No. 71, line 14, leave out sub-paragraph (2) and insert—
‘(2) For the purposes of sub-paragraph (1), if the amount of a financial penalty is specified in a currency other than the euro, that amount must be converted to euros by reference to the London closing exchange rate on the date the decision was made.’.
No. 72, line 19, leave out ‘sub-paragraphs (1) and (2)’ and insert ‘sub-paragraph (1)’.
No. 73, page 247, line 33, at end insert—
‘( ) “conduct” includes any act or omission;’.
No. 74, line 36, leave out paragraph (b) and insert—
‘(b) “liable person” means the person required to pay the financial penalty to which the certificate relates.’.
No. 75, line 36, at end insert—
‘( ) If the decision was made in respect of conduct by a person other than the liable person, the references in paragraph 6 to the liable person are to be read as references to that other person.’.— [Mr. Blizzard.]
Amendments made: No. 109, in page 262, line 40, leave out ‘and’.
No. 110, page 262, line 41, at end insert ‘and
(e) persons employed by a police authority who are under the direction and control of the chief officer of police of the police force maintained by that authority.’.— [Mr. Blizzard.]
Amendments made: No. 76, page 286, line 33, at end insert—
4A In section 4 of the Bail Act 1976 (c. 63) (general right to bail of accused persons), in subsection (3) after paragraph (b) insert “, or
(c) the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act).” ’.
No. 146, page 287, line 8 at end insert—
‘Repatriation of Prisoners Act 1984 (c. 47)
6A The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.
6C (1) Section 1 (issue of warrant for transfer) is amended as follows.
(2) In subsections (2) and (3) for “warrant under this Act” substitute “warrant under this section”.
(a) for “warrant under this Act” (in both places) substitute “warrant under this section”;
(b) in paragraph (b) omit the words “under this Act”.
(4) In subsection (5) (as it applies in cases in which the relevant Minister is the Scottish Ministers and in cases in which the relevant Minister is the Secretary of State) for “warrant under this Act” substitute “warrant under this section”.
(5) In subsection (6) after “warrant” (in the first place it appears) insert “under this section”.
(6) In subsection (7)(b) after “under” insert “any of”.
(a) after “similar to” insert “any of”;
(b) after “respect to” insert “—
(b) the transfer between different countries and territories (or different parts of a country or territory) of responsibility for the detention and release of persons who are required to be so detained in one of those countries or territories (or parts of a country or territory) but are present in the other country or territory (or part of a country or territory).”
6D (1) Section 2 (transfer out of the United Kingdom) is amended as follows.
(2) In subsection (1) after “warrant” insert “under section 1”.
(a) in paragraph (a) for “warrant under this Act” substitute “warrant under section 1”; and
(b) in paragraph (b)(i) after “33(1)(b)” insert “, (1A)”.
(4) In subsection (7) for “warrant under this Act” substitute “warrant under section 1”.
6E (1) Section 3 (transfer into the United Kingdom) is amended as follows.
(2) In subsection (1), after “a warrant” insert “under section 1”.
(3) In subsections (2), (4) and (6), for “warrant under this Act” substitute “warrant under section 1”.
(a) at the beginning insert “Part 1 of”; and
(b) for “warrant under this Act” substitute “warrant under section 1”.
(5) Subsection (10) is omitted.
6F (1) Section 4 (temporary return) is amended as follows
(a) for “warrant under this Act” substitute “warrant under section 1”;
(b) in paragraph (a), after “Kingdom” (in the second place it appears) insert “, or from which responsibility for his detention and release has previously been transferred to the United Kingdom,”;
(c) in paragraph (b), after “transferred” insert “, or to which responsibility for his detention and release has previously been transferred,”.
(a) for “a warrant under this Act” substitute “a warrant under section 1”;
(b) for “earlier warrant under this Act” substitute “earlier warrant under section 1 or section 4A”.
(a) for “issued under this Act” substitute “issued under section 1”;
(b) after “an earlier warrant” insert “under section 1 or section 4A”;
(5) In subsection (4) for “warrant under this Act” substitute “warrant under section 1”.
(6) After subsection (5) insert—
“(6) Any reference in subsection (5)(a) to the prisoner having previously been transferred into or from Scotland includes a reference to responsibility for his detention and release having previously been transferred to or from the Scottish Ministers (as the case may be).”.
6G Before section 5 (operation of warrant and retaking prisoners) insert—
6H (1) Section 5 (operation of warrant and retaking prisoners) is amended as follows.
(a) for “under this Act” substitute “under section 1”; and
(b) after “this section” insert “(apart from subsection (9))”.
(3) After subsection (8) insert—
(a) a warrant under section 4A has been issued, and
(b) the relevant person is a person to whom subsection (3) of that section applies,
subsections (2) to (8) above apply for the purposes of that warrant (but with the modifications contained in subsection (10)), except (without prejudice to section 4C(4) or any enactment contained otherwise than in this Act) in relation to any time when the relevant person is required to be detained in accordance with provisions contained in the warrant by virtue of section 4C(1)(b).
(10) In their application for the purposes of a warrant under section 4A those subsections shall have effect as if—
(a) any reference to the warrant under section 1 (however expressed) were a reference to the warrant under section 4A;
(b) any reference to the prisoner were a reference to the relevant person;
(i) in paragraph (a) for “that person” there were substituted “the authorised person”; and
(ii) paragraph (b) were omitted; and
(d) in subsection (8)(a) for “transfer of a prisoner to or from Scotland” there were substituted “transfer of responsibility for the detention and release of the relevant person to the Scottish Ministers”.
6I (1) Section 6 (revocation etc. of warrants) is amended as follows.
(a) for “warrant under this Act” (in the first place they appear) substitute “warrant under section 1”;
(b) in paragraph (b) for “this Act” substitute “that section”.
(3) After subsection (1) insert—
“(1A) Subject to section 4A(8), if at any time it appears to the relevant Minister appropriate, in order that effect may be given to any such arrangements as are mentioned in section 4A(5)(a) for a warrant under section 4A to be revoked or varied, he may as the case may require—
(b) revoke that warrant and issue a new warrant under section 4A containing provision superseding some or all of the provisions of the previous warrant.”
(4) In subsections (2) and (3) after “subsection (1)(b)” insert “or (1A)(b)”.
(5) In subsection (5)(a), for the words from “where” to the end substitute “in a case where—
(i) the warrant was issued under section 1 and provides for the transfer of the prisoner to or from Scotland; or
(ii) the warrant was issued under section 4A and provides for the transfer of responsibility for the detention and release of the relevant person to those Ministers;”.
6J (1) Section 8 is amended as follows.
(2) In subsection (1) after the definition of “the prisoner” insert “; and
“the relevant person” has the meaning given by section 4A(5)(b).”
(a) in paragraph (a) after “section 1(1)(a)” insert “or 4A(5)(a)”;
(b) in paragraph (b) for “such a party” substitute “a party to such international arrangements as are mentioned in section 1(1)(a)”;
(c) after paragraph (b) (but before the “or” after that paragraph) insert—
“(ba) that the appropriate authority of a country or territory which is a party to such international arrangements as are mentioned in section 4A(5)(a) has agreed to the transfer of responsibility for the detention and release of a particular person in accordance with those arrangements;”.
6K (1) The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows.
(2) For the cross-heading before paragraph 1 substitute—
(a) at the beginning insert “This Part of”;
(b) after “under” insert “section 1 of”.
9 This Part of this Schedule applies where a warrant is issued under section 4A providing for the transfer of responsibility for the detention and release of the relevant person to the relevant Minister (within the meaning of that section).
10 Paragraphs 2 to 8 above apply as they apply where a warrant is issued under section 1, but with the following modifications.
11 Any reference to “the relevant provisions” is to be read as a reference to the provisions contained in the warrant by virtue of section 4C(1)(b).
12 (1) Any reference to the prisoner is to be read as a reference to the relevant person.
(2) Sub-paragraph (1) does not apply to the words “a short-term or long-term prisoner” in paragraph 2(3) (as it applies in Scotland to repatriated prisoners sentenced on or after 1 October 1993).
13 In paragraph 2 (as it applies in Scotland to repatriated prisoners sentenced on or after 1 October 1993) the reference to prisoners repatriated to Scotland is to be read as a reference to any relevant person sentenced on or after 1 October 1993 in whose case the warrant under section 4A transfers responsibility for his detention and release to the Scottish Ministers.
14 The reference in paragraph 7 to the time of the prisoner’s transfer into the United Kingdom is to be read as a reference to the time at which the warrant under section 4A was issued.”’.
No. 147, page 287, line 37, at end insert—
‘Criminal Justice (International Co-operation) Act 1990 (c. 5)
10A In section 6(7) of the Criminal Justice (International Co-operation) Act 1990 (transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom), for the words from “having been” to the end of paragraph (b) substitute “—
(c) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;
(d) having been transferred there, or responsibility for his detention and release having been transferred there, under any similar provision or arrangement from any other country or territory,”.’.
No. 148, page 288, line 17, at end insert—
‘Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
12A In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland), after subsection (4) insert—
“(4A) The reference in subsection (4)(b) above to a person who has been transferred to Scotland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in Scotland in pursuance of a warrant issued by the Scottish Ministers under section 4A of that Act (warrant transferring responsibility for detention and release of offender) (referred to in subsection (4B) below as “a relevant person)”.
(4B) Such a person is to be taken to have been transferred when the warrant under section 4A of that Act was issued in respect of that person.”’.
No. 111, page 289, line 42, at end insert—
‘20A In section 24(5)(a) (first meeting: duration of contract), after “under paragraph” insert “9ZD,”.
20B In section 28(a) (offender etc. referred back to court), for “Part I” substitute “Parts 1 and 1ZA”.’.
No. 112, page 290, line 4, at end insert—
‘22D (1) Schedule 1 (youth offender panels: further court proceedings) is amended as follows.
(2) In the heading for Part 1, at the end insert “: REVOCATION OF REFERRAL ORDER”.
(3) In paragraphs 5(3), 9 and 14(2)(b), after “under paragraph” insert “9ZD,”.’.
No. 149, page 290, line 11, at end insert—
‘Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)
23A In Article 10 of the Life Sentences (Northern Ireland) Order 2001 life prisoners transferred to Northern Ireland), after paragraph (5) insert—
“(6) The reference in paragraph (4)(b) to a person transferred to Northern Ireland in pursuance of a warrant under the Repatriation of Prisoners Act 1984 includes a person who is detained in Northern Ireland in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).”’.
No. 150, page 290, line 11, at end insert—
‘Crime (International Co-operation) Act 2003 (c. 32)
23B In section 48(2)(b) of the Crime (International Co-operation) Act 2003 (transfer of EU etc prisoner to assist UK investigation), for the words from “having been” to the end of paragraph (b) substitute “—
(a) having been transferred there, or responsibility for his detention and release having been transferred there, from the United Kingdom under the Repatriation of Prisoners Act 1984;
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