Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 6 — Extradition
87

73
Dealing with person for other offences
(1)
The Extradition Act 2003 (c. 41) is amended as follows.
(2)
Omit section 151 (dealing with person for other offences: other category 2
territories).
(3)
Before section 152 insert—
5
“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
(b)
a territory falling within section 150(1)(b).
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(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.
(3)
The offences are—
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(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
74
Provisional arrest
30
(1)
Section 6 of the Extradition Act 2003 (requirements in relation to person subject
to provisional arrest) is amended as follows.
(2)
For subsections (2) and (3) substitute—
“(2)
The person must be brought before the appropriate judge within 48
hours starting with the time when the person is arrested.
35
(2A)
The documents specified in subsection (4) must be produced to the
judge within 48 hours starting with the time when the person is
arrested but this is subject to any extension under subsection (3B).
(2B)
Subsection (3) applies if—
(a)
the person has been brought before the judge in compliance
40
with subsection (2); but

Policing and Crime Bill
Part 6 — Extradition
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(b)
documents have not been produced to the judge in compliance
with subsection (2A).
(3)
The person must be brought before the judge when the documents are
produced to the judge.
(3A)
While the person is before the judge in pursuance of subsection (2), the
5
authority of the category 1 territory may apply to the judge for an
extension of the 48 hour period mentioned in subsection (2A) by a
further 48 hours.
(3B)
The judge may grant an extension if the judge decides that subsection
(2A) could not reasonably be complied with within the initial 48 hour
10
period.
(3C)
The judge must decide whether that subsection could reasonably be so
complied with on a balance of probabilities.
(3D)
Notice of an application under subsection (3A) must be given in
accordance with rules of court.”
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(3)
After subsection (5) insert—
“(5A)
Subsection (5B) applies if—
(a)
the person is before the judge in pursuance of subsection (2);
and
(b)
the documents specified in subsection (4) have not been
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produced to the judge.
(5B)
The judge must remand the person in custody or on bail (subject to
subsection (6)).”
(4)
In subsection (6) after “subsection (2)” insert “, (2A) or (3)”.
(5)
After subsection (8) insert—
25
“(8A)
In calculating a period of 48 hours for the purposes of this section no
account is to be taken of—
(a)
any Saturday or Sunday;
(b)
Christmas Day;
(c)
Good Friday; or
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(d)
any day falling within subsection (8B).
(8B)
The following days fall within this subsection—
(a)
in Scotland, any day prescribed under section 8(2) of the
Criminal Procedure (Scotland) Act 1995 as a court holiday in the
court of the appropriate judge;
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(b)
in any part of the United Kingdom, any day that is a bank
holiday under the Banking and Financial Dealings Act 1971 in
that part of the United Kingdom.”
(6)
In section 7(1)(b) of the Extradition Act 2003 (c. 41) (application of provisions
for verifying the identity of the person arrested) for “is arrested under section
40
5 and section 6(2)” substitute “arrested under section 5 is brought before the
appropriate judge under section 6 and section 6(2A)”.

Policing and Crime Bill
Part 6 — Extradition
89

75
Use of live link in extradition proceedings
After section 206 of the Extradition Act 2003 (c. 41) insert—
“Live links
206A
Use of live links at certain hearings
(1)
This section applies in relation to—
5
(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
10
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.
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(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
20
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
25
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
40
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.

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Part 6 — Extradition
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(5)
Subsection (7) applies if—
(a)
an application for a live link direction is made under section
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
5
but the direction is rescinded before the hearing takes place.
(6)
A hearing is a qualifying hearing—
(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
10
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
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
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rescinded.
206C
Live links: interpretation
(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
20
determining the appropriate judge.
(3)
In relation to proceedings under Part 2, section 139 applies for
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;
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(b)
the person is arrested under section 5;
(c)
a request for the person’s extradition is made; or
(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
30
within the meaning of the Police and Criminal Evidence Act
1984;
(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));
35
(c)
in Scotland, references to detention under section 14 of the
Criminal Procedure (Scotland) Act 1995.
(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,
40
(b)
to be seen and heard by the judge, other persons,

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

Policing and Crime Bill
Part 7 — Aviation security
91

Part 7
Aviation security
76
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
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(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
25
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.

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Part 7 — 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
15
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
20
(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 7 — 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”).
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(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,
25
(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
35
(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
40
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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