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Policing and Crime Bill


Policing and Crime Bill
Part 5 — Extradition

70

 

153D    

Sections 153A and 153C etc: supplementary

(1)   

Nothing in section 153A or 153C requires the return of a person to a

territory in a case in which the Secretary of State is not satisfied that the

return is compatible with the Convention rights within the meaning of

the Human Rights Act 1998.

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(2)   

References in sections 153A and 153C and subsection (1) above to the

Secretary of State are to be read as references to the Scottish Ministers

in a case in which—

(a)   

a Part 3 warrant was issued in respect of the person to be

returned, and

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(b)   

the warrant was issued by a sheriff.”

(4)   

In section 153(1)(b) (return of person acquitted or not tried) for the words from

“from” to the end substitute “from a territory;”.

(5)   

In section 197(2) (powers on escape from custody) after “Part 2” insert “, or kept

in custody by virtue of a power under Part 3,”.

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56      

Cases in which sentence treated as served

(1)   

The Extradition Act 2003 (c. 41) is amended as follows.

(2)   

In section 145(2) (sentence in territory executing Part 3 warrant) for

“punishment for the offence must be treated as remitted” substitute “sentence

for the offence must be treated as served”.

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(3)   

In section 152 (sentence in United Kingdom)—

(a)   

in subsection (1)(a) for the words from “from” to the end substitute

“from a territory;”, and

(b)   

in subsection (2) for “punishment for the offence must be treated as

remitted” substitute “sentence for the offence must be treated as

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served”.

57      

Dealing with person for other offences

(1)   

The Extradition Act 2003 is amended as follows.

(2)   

Omit section 151 (dealing with person for other offences: other category 2

territories).

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(3)   

Before section 152 insert—

“151A   

Dealing with person for other offences

(1)   

This section applies if a person is extradited to the United Kingdom

from a territory which is not—

(a)   

a category 1 territory, or

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(b)   

a territory falling within section 150(1)(b).

(2)   

The person may be dealt with in the United Kingdom for an offence

committed before the person’s extradition only if—

(a)   

the offence is one falling within subsection (3), or

(b)   

the condition in subsection (4) is satisfied.

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(3)   

The offences are—

 
 

Policing and Crime Bill
Part 5 — Extradition

71

 

(a)   

the offence in respect of which the person is extradited;

(b)   

an offence disclosed by the information provided to the

territory in respect of that offence;

(c)   

an offence in respect of which consent to the person being dealt

with is given on behalf of the territory.

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(4)   

The condition is that—

(a)   

the person has returned to the territory from which the person

was extradited, or

(b)   

the person has been given an opportunity to leave the United

Kingdom.

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(5)   

A person is dealt with in the United Kingdom for an offence if—

(a)   

the person is tried there for it;

(b)   

the person is detained with a view to trial there for it.”

Ancillary matters

58      

Provisional arrest

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(1)   

Section 6 of the Extradition Act 2003 (c. 41) (requirements in relation to person

subject to provisional arrest) is amended as follows.

(2)   

At the end of subsection (3) insert “(subject to subsection (3A))”.

(3)   

After subsection (3) insert—

“(3A)   

The authority of the category 1 territory may apply to the judge for an

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extension of the 48 hour period mentioned in subsection (3) by a further

48 hours.

(3B)   

The judge may grant an extension if the judge decides that subsection

(2) could not reasonably be complied with within the initial 48 hour

period.

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(3C)   

The judge must decide whether that subsection could reasonably be so

complied with on a balance of probabilities.

(3D)   

If the judge grants an extension in respect of any person, the judge may

grant bail to the person.

(3E)   

Notice of an application under subsection (3A) must be given in

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accordance with rules of court.”

(4)   

In subsection (8) after “subsection (2)” insert “, he is granted bail under

subsection (3D)”.

59      

Use of live link in extradition proceedings

After section 206 of the Extradition Act 2003 insert—

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“Live links

206A    

Use of live links at certain hearings

(1)   

This section applies in relation to—

 
 

Policing and Crime Bill
Part 5 — Extradition

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(a)   

a hearing before the appropriate judge in proceedings under

Part 1, other than—

(i)   

an extradition hearing within the meaning of that Part;

(ii)   

a hearing under section 54 or 56, and

(b)   

a hearing before the appropriate judge in proceedings under

5

Part 2, other than an extradition hearing within the meaning of

that Part.

(2)   

If satisfied that the person affected by an extradition claim is likely to

be in custody during the hearing, the appropriate judge may give a live

link direction at any time before the hearing.

10

(3)   

A live link direction is a direction that, if the person is being held in

custody at the time of the hearing, any attendance at the hearing is to

be through a live link from the place at which the person is held.

(4)   

Such a direction—

(a)   

may be given on the appropriate judge’s own motion or on the

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application of a party to the proceedings, and

(b)   

may be given in relation to all subsequent hearings to which this

section applies, or to such hearing or hearings to which this

section applies as may be specified or described in the direction.

(5)   

The appropriate judge may give such a direction only if satisfied that it

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is not contrary to the interests of justice to give the direction.

(6)   

A person affected by an extradition claim is to be treated as present in

court when, by virtue of a live link direction, the person attends a

hearing through a live link.

206B    

Live links: supplementary

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(1)   

The appropriate judge may rescind a live link direction at any time

before or during a hearing to which it relates.

(2)   

The appropriate judge must not give a live link direction or rescind

such a direction unless the parties to the proceedings have been given

the opportunity to make representations.

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(3)   

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

link direction, the appropriate judge may require or permit any party

to the proceedings who wishes to make representations to do so

through a live link.

(4)   

If in a case where an appropriate judge has power to give a live link

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direction but decides not to do so, the appropriate judge must—

(a)   

state in open court the reasons for not doing so, and

(b)   

cause those reasons to be entered in the register of proceedings.

(5)   

Subsection (7) applies if—

(a)   

an application for a live link direction is made under section

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206A(4) in relation to a qualifying hearing but the application is

refused, or

(b)   

a live link direction is given in relation to a qualifying hearing

but the direction is rescinded before the hearing takes place.

(6)   

A hearing is a qualifying hearing—

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Policing and Crime Bill
Part 5 — Extradition

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(a)   

in relation to proceedings under Part 1, if it is a hearing by

virtue of which section 4(3) would be complied with;

(b)   

in relation to proceedings under Part 2, if it is a hearing by

virtue of which section 72(3) or 74(3) would be complied with.

(7)   

The requirement in section 4(3), 72(3) or 74(3) (as the case requires) to

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bring the person as soon as practicable before the appropriate judge is

to be read as a requirement to bring the person before that judge as soon

as practicable after the application is refused or the direction is

rescinded.

206C    

Live links: interpretation

10

(1)   

This section applies for the purposes of section 206A and subsections

(2) and (3) also apply for the purposes of section 206B.

(2)   

In relation to proceedings under Part 1, section 67 applies for

determining the appropriate judge.

(3)   

In relation to proceedings under Part 2, section 139 applies for

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determining the appropriate judge.

(4)   

A person is affected by an extradition claim if—

(a)   

a Part 1 warrant is issued in respect of the person;

(b)   

the person is arrested under section 5;

(c)   

a request for the person’s extradition is made; or

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(d)   

a warrant under section 73 is issued in respect of the person.

(5)   

References to being in custody include—

(a)   

in England and Wales, references to being in police detention

within the meaning of the Police and Criminal Evidence Act

1984;

25

(b)   

in Northern Ireland, references to being in police detention

within the meaning of the Police and Criminal Evidence

(Northern Ireland) Order 1989 (S. I. 1989/1231 (N. I. 12));

(c)   

in Scotland, references to detention under section 14 of the

Criminal Procedure (Scotland) Act 1995.

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(6)   

“Live link” means an arrangement by which a person, while absent

from the place where the hearing is being held, is able—

(a)   

to see and hear the appropriate judge, and other persons,

(b)   

to be seen and heard by the judge, other persons,

   

and for this purpose any impairment of eyesight or hearing is to be

35

disregarded.”

 
 

Policing and Crime Bill
Part 6 — Aviation security

74

 

Part 6

Aviation security

60      

Security planning for airports

After Part 2 of the Aviation Security Act 1982 (c. 36) insert—

“Part 2A

5

Security planning for aerodromes

Aerodromes to which Part 2A applies

24AA    

Aerodromes to which Part 2A applies

(1)   

This Part applies to—

(a)   

any aerodrome in respect of which a direction under section 12,

10

13 or 14 to the manager of the aerodrome is in force, and

(b)   

any other aerodrome specified in an order made by the

Secretary of State.

(2)   

Any reference in the following provisions of this Part to an aerodrome

is a reference to an aerodrome to which this Part applies.

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(3)   

The power to make an order under this section is exercisable by

statutory instrument subject to annulment in pursuance of a resolution

of either House of Parliament.

Risk assessment at aerodromes

24AB    

Risk advisory groups

20

(1)   

The manager of an aerodrome must establish a group (“a risk advisory

group”) for the aerodrome.

(2)   

The group is to consist of—

(a)   

an individual nominated by the manager,

(b)   

the chief officer of police for the relevant police area or an

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individual nominated by the chief officer, and

(c)   

the individuals (if any) nominated under subsections (3) to (6).

(3)   

The manager of the aerodrome may at any time nominate one or more

individuals to be members of the group (in addition to the individual

nominated under subsection (2)(a)).

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(4)   

The chief officer of police may at any time nominate one individual to

be a member of the group (in addition to the individual, if any,

nominated under subsection (2)(b)).

(5)   

The Commissioners for Her Majesty’s Revenue and Customs may at

any time nominate one individual to be a member of the group.

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(6)   

The Secretary of State may at any time nominate one or more

individuals to be members of the group.

 
 

Policing and Crime Bill
Part 6 — Aviation security

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(7)   

If the manager of the aerodrome wishes to make a nomination under

subsection (3) at any time after the establishment of the group, the

manager must consult the group before making the nomination.

(8)   

An individual may be nominated under subsections (2) to (6) only if the

individual has knowledge or experience which is relevant to the

5

assessment of threats, or particular kinds of threats, to the security of

aerodromes.

(9)   

The group must permit any individuals nominated by the Secretary of

State for the purposes of this subsection to attend meetings of the group

as observers.

10

24AC    

Functions of risk advisory groups

(1)   

The risk advisory group for an aerodrome must prepare a risk report

for the aerodrome before the end of the period of 2 months beginning

with the day by which the group is required to be established.

(2)   

A risk report is a document containing an assessment of each threat to

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the security of the aerodrome.

(3)   

In relation to each such threat, the risk report must also—

(a)   

contain an assessment of the effectiveness of any security

measures that are being taken in relation to the aerodrome in

response to the threat, and

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(b)   

set out the recommendations of the group as to the security

measures that should be taken, or continue to be taken, in

response to the threat.

(4)   

The group—

(a)   

must from time to time revise the assessments contained in the

25

report so as to keep them up to date, and

(b)   

may at any time revise the recommendations.

(5)   

Where the report is prepared or revised, the group must give a copy of

it to the manager of the aerodrome.

(6)   

The manager of the aerodrome must then give a copy of the report to

30

each member of the security executive group for the aerodrome.

(7)   

If the Secretary of State at any time requests a copy of the risk report for

an aerodrome, the manager of the aerodrome must give the Secretary

of State a copy of the report (or, in the case of a report which has been

revised, the report as so revised).

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(8)   

In subsection (1), “the day by which the group is required to be

established” means the day which is the relevant day in relation to the

aerodrome for the purposes of section 24AL.

24AD    

Discharge of functions by risk advisory groups

(1)   

In exercising its functions, the risk advisory group for an aerodrome

40

must have regard to—

(a)   

any directions given under section 12, 13, 13A or 14,

(b)   

any national threat assessment, and

(c)   

any guidance given by the Secretary of State which is relevant

to the group’s functions.

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Policing and Crime Bill
Part 6 — Aviation security

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(2)   

A member of the risk advisory group may not disclose any information

received by the member in the exercise of the member’s functions

under this Part except—

(a)   

for the purpose of any of those functions, or

(b)   

for any other purpose connected with the making of aerodrome

5

security plans or their implementation.

(3)   

In this section, “national threat assessment” means any assessment

issued by the Secretary of State of a threat to the aviation industry.

Aerodrome security planning

24AE    

Aerodrome security plans

10

(1)   

There must be an aerodrome security plan in force in relation to an

aerodrome at all times after the period of 9 months beginning with the

day by which the security executive group for the aerodrome is

required to be established.

(2)   

An aerodrome security plan is a plan which specifies—

15

(a)   

the security measures, if any, that each relevant person is to take

in relation to the aerodrome during the period for which the

plan is in force, and

(b)   

the arrangements for monitoring the implementation of those

measures (“monitoring arrangements”).

20

(3)   

An aerodrome security plan may specify steps to be taken by a relevant

person for the purposes of the monitoring arrangements (“monitoring

steps”).

(4)   

The relevant persons are—

(a)   

the manager of the aerodrome,

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(b)   

the chief officer of police for the relevant police area,

(c)   

any operator of an aircraft that takes off from, or lands at, the

aerodrome,

(d)   

any person who is permitted to have access to the aerodrome

for the purposes of a business carried on by the person,

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(e)   

any person who occupies any land forming part of the

aerodrome,

(f)   

the Serious Organised Crime Agency,

(g)   

the Commissioners for Her Majesty’s Revenue and Customs,

and

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(h)   

the Secretary of State.

(5)   

If the plan specifies security measures to be taken by a person within

subsection (4)(a) or (c) to (h) (“B”), the plan may also specify—

(a)   

that any other relevant person is to make payments in respect of

the costs reasonably incurred by B in connection with the

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security measures, and

(b)   

the amount of those payments or the manner in which their

amount is to be assessed.

(6)   

If the plan specifies security measures to be taken by a person within

subsection (4)(c) to (h), the plan may also specify that the manager of

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