|
| |
|
4E | Arrest and detention with a view to determining whether to issue a |
| |
| |
(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 |
| 5 |
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 |
| |
| |
| and it is immaterial for the purposes of this section whether or not the |
| 10 |
person concerned has been previously arrested or detained under |
| |
| |
(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 |
| 15 |
appropriate judge with a view to obtaining the issue of a warrant under |
| |
| |
(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 |
| 20 |
| |
(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— |
| 25 |
(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 |
| 30 |
(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 |
| |
| |
(7) | The purpose of an order under subsection (6) is to secure the detention |
| 35 |
of the person concerned until— |
| |
(a) | it is determined whether to issue a warrant under section 4A; |
| |
| |
(b) | if so determined, such a warrant is issued. |
| |
(8) | Subject to subsection (9), a person detained under such an order may be |
| 40 |
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 |
| 45 |
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. |
| |
(3) | The appropriate judge is— |
| 5 |
(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 |
| 10 |
magistrate who is designated for those purposes by the Lord |
| |
Chief Justice of Northern Ireland after consulting the Lord |
| |
| |
(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 |
| 15 |
(b) | for all cases or only for cases (or cases of a description) specified |
| |
| |
(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 |
| 20 |
| |
94 | Amendments relating to Scotland |
| |
(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 |
| 25 |
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 (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 |
| 30 |
| |
(3) | In section 8(1) (interpretation etc.), before the definition of “international |
| |
| |
““enactment” includes an enactment comprised in, or in an |
| |
instrument under, an Act of the Scottish Parliament;”. |
| 35 |
Mutual legal assistance in revenue matters |
| |
95 | Power to transfer functions under Crime (International Co-operation) Act |
| |
2003 in relation to direct taxation |
| |
(1) | In section 27(1) of the Crime (International Co-operation) Act 2003 (c. 32) |
| |
(exercise of powers by others)— |
| 40 |
(a) | in paragraph (a), for “Commissioners of Customs and Excise” |
| |
substitute “Commissioners for Revenue and Customs”; and |
| |
|
| |
|
| |
|
(b) | in paragraph (b), for “a customs officer” substitute “an officer of |
| |
| |
(2) | Paragraph 14 of Schedule 2 to the Commissioners for Revenue and Customs |
| |
Act 2005 (c. 11) (power under section 27(1) not applicable to former inland |
| |
revenue matters etc.) ceases to have effect. |
| 5 |
| |
| |
| |
96 | Violent offender orders |
| |
(1) | A violent offender order is an order made in respect of a qualifying offender |
| 10 |
| |
(a) | contains such prohibitions, restrictions or conditions as the court |
| |
making the order considers necessary for the purpose of protecting the |
| |
public from the risk of serious violent harm caused by the offender, and |
| |
(b) | has effect for a period of at least 2 years specified in the order (unless |
| 15 |
renewed or discharged under section 100). |
| |
(2) | For the purposes of this Part any reference to protecting the public from the |
| |
risk of serious violent harm caused by a person is a reference to protecting— |
| |
(a) | the public in the United Kingdom, or |
| |
(b) | any particular members of the public in the United Kingdom, |
| 20 |
| from the risk of serious physical or psychological harm caused by that person |
| |
committing one or more specified offences. |
| |
(3) | In this Part “specified offence” means— |
| |
| |
(b) | an offence under section 4 of the Offences against the Person Act 1861 |
| 25 |
(c. 100) (soliciting murder); |
| |
(c) | an offence under section 18 of that Act (wounding with intent to cause |
| |
| |
(d) | an offence under section 20 of that Act (malicious wounding); or |
| |
(e) | attempting to commit murder or conspiracy to commit murder. |
| 30 |
| |
(1) | In this Part “qualifying offender” means a person within subsection (2) or (4). |
| |
(2) | A person is within this subsection if (whether before or after the |
| |
commencement of this Part)— |
| |
(a) | the person has been convicted of a specified offence and given a |
| 35 |
custodial sentence of at least 12 months for the offence, |
| |
(b) | the person has been found not guilty of a specified offence by reason of |
| |
insanity and subsection (3) applies, or |
| |
(c) | the person has been found to be under a disability and to have done the |
| |
act charged in respect of a specified offence and subsection (3) applies. |
| 40 |
(3) | This subsection applies in the case of a person within (2)(b) or (2)(c) if the court |
| |
made in respect of the offence— |
| |
|
| |
|
| |
|
(a) | a hospital order (with or without a restriction order), or |
| |
| |
(4) | A person is within this subsection if, under the law in force in a country outside |
| |
England and Wales (and whether before or after the commencement of this |
| |
| 5 |
(a) | the person has been convicted of a relevant offence and sentenced for |
| |
the offence to a period of imprisonment or other detention of at least 12 |
| |
| |
(b) | a court exercising jurisdiction under that law has made in respect of a |
| |
relevant offence a finding equivalent to a finding that the person was |
| 10 |
not guilty by reason of insanity, and has made in respect of the offence |
| |
an order equivalent to one mentioned in subsection (3), or |
| |
(c) | such a court has, in respect of a relevant offence, made a finding |
| |
equivalent to a finding that the person was under a disability and did |
| |
the act charged in respect of the offence, and has made in respect of the |
| 15 |
offence an order equivalent to one mentioned in subsection (3). |
| |
(5) | In subsection (4) “relevant offence” means an act which— |
| |
(a) | constituted an offence under the law in force in the country concerned, |
| |
| |
(b) | would have constituted a specified offence if it had been done in |
| 20 |
| |
(6) | An act punishable under the law in force in a country outside England and |
| |
Wales constitutes an offence under that law for the purposes of subsection (5) |
| |
however it is described in that law. |
| |
(7) | Subject to subsection (8), on an application under section 98 the condition in |
| 25 |
subsection (5)(b) (where relevant) is to be taken as met in relation to the person |
| |
to whom the application relates (“P”) unless, not later than rules of court may |
| |
provide, P serves on the applicant a notice— |
| |
(a) | denying that, on the facts as alleged with respect to the act in question, |
| |
| 30 |
(b) | giving the reasons for denying that it is met, and |
| |
(c) | requiring the applicant to prove that it is met. |
| |
(8) | If the court thinks fit, it may permit P to require the applicant to prove that the |
| |
condition is met even though no notice has been served under subsection (7). |
| |
98 | Applications for violent offender orders |
| 35 |
(1) | A chief officer of police may by complaint to a magistrates’ court apply for a |
| |
violent offender order to be made in respect of a person— |
| |
(a) | who resides in the chief officer’s police area, or |
| |
(b) | who the chief officer believes is in, or is intending to come to, that area, |
| |
| if it appears to the chief officer that the conditions in subsection (2) are met. |
| 40 |
| |
(a) | that the person is a qualifying offender, and |
| |
(b) | that the person has, since the appropriate date, acted in such a way as |
| |
to give reasonable cause to believe that it is necessary for a violent |
| |
offender order to be made in respect of the person. |
| 45 |
|
| |
|
| |
|
(3) | An application under this section may be made to any magistrates’ court |
| |
whose commission area includes— |
| |
(a) | any part of the applicant’s police area, or |
| |
(b) | any place where it is alleged that the person acted in such a way as is |
| |
mentioned in subsection (2)(b). |
| 5 |
(4) | Before making an application under this section in respect of a person who will |
| |
be under 18 at the time of the application, the applicant must consult any |
| |
member of a team established under section 39 of the Crime and Disorder Act |
| |
1998 (c. 37) (youth offending teams). |
| |
(5) | The Secretary of State may by order make provision— |
| 10 |
(a) | for applications under this section to be made by such persons or |
| |
bodies as are specified or described in the order; |
| |
(b) | specifying cases or circumstances in which applications may be so |
| |
| |
(c) | for provisions of this Part to apply, in relation to the making of |
| 15 |
applications (or cases where applications are made) by any such |
| |
persons or bodies, with such modifications as are specified in relation |
| |
| |
(6) | In this Part “the appropriate date” means the date (or, as the case may be, the |
| |
first date) on which the person became a person within any of paragraphs (a) |
| 20 |
to (c) of section 97(2) or (4), whether that date fell before or after the |
| |
commencement of this Part. |
| |
99 | Making of violent offender orders |
| |
(1) | A magistrates’ court may make a violent offender order in respect of the person |
| |
to whom an application under section 98 relates (“P”) if it is satisfied that the |
| 25 |
conditions in subsection (2) are met. |
| |
| |
(a) | that P is a qualifying offender, |
| |
(b) | that P has, since the appropriate date, acted in such a way as to make it |
| |
necessary to make a violent offender order for the purpose of |
| 30 |
protecting the public from the risk of serious violent harm caused by P. |
| |
(3) | When deciding whether it is necessary to make such an order for that purpose, |
| |
the court must have regard to whether P would, at any time when such an |
| |
order would be in force, be subject under any other enactment to any measures |
| |
that would operate to protect the public from the risk of such harm. |
| 35 |
(4) | A violent offender order may not be made so as to come into force at any time |
| |
| |
(a) | is subject to a custodial sentence imposed in respect of any offence, |
| |
(b) | is on licence for part of the term of such a sentence, or |
| |
(c) | is subject to a hospital order or a supervision order made in respect of |
| 40 |
| |
(5) | But such an order may be applied for, and made, at such a time. |
| |
|
| |
|