Police and Justice Act 2006

(40) (1) Where the Secretary of State is satisfied that the whole or any part of a police force is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the police authority responsible for maintaining the force to take specified measures for the purpose of remedying the failure. (2) Where the Secretary of State is satisfied that the whole or a part of a police force will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the police authority responsible for maintaining the force to take specified measures in order to prevent such a failure occurring. (3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the person or persons submitting the plan propose to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring. (4) The Secretary of State shall not give a direction under this section in relation to any police force unless— (a) the police authority responsible for maintaining the force and the chief officer of police of that force have each been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling them to make representations or proposals under the following paragraphs of this subsection; (b) that police authority and chief officer have each been given an opportunity of making representations about those grounds; (c) that police authority and chief officer have each had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Secretary of State has considered any such representations and any such proposals. (5) Subsection (4) does not apply if the Secretary of State is satisfied that— (a) the police authority responsible for maintaining the force and the chief officer of police of that force have already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section; (b) the information they had about those matters was sufficient to enable them to identify remedial measures that would have made the giving of the direction unnecessary; and (c) they have each had a reasonable opportunity to take such measures. (6) The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given— (a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and (b) an opportunity of making written observations about those grounds. The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate. (7) A police authority that is given a direction under this section shall comply with it. (40A) (1) Where the Secretary of State is satisfied that a police authority is failing to discharge any of its functions in an effective manner, whether generally or in particular respects, he may direct the police authority to take specified measures for the purpose of remedying the failure. (2) Where the Secretary of State is satisfied that a police authority will fail to discharge any of its functions in an effective manner, whether generally or in particular respects, unless remedial measures are taken, he may direct the police authority to take specified measures in order to prevent such a failure occurring. (3) The measures that may be specified in a direction under subsection (1) or (2) include the submission to the Secretary of State of an action plan setting out the measures which the authority submitting the plan proposes to take for the purpose of remedying the failure in question or (as the case may be) preventing such a failure occurring. (4) The Secretary of State shall not give a direction under this section in relation to a police authority unless— (a) the police authority has been given such information about the Secretary of State's grounds for proposing to give that direction as he considers appropriate for enabling it to make representations or proposals under the following paragraphs of this subsection; (b) the police authority has been given an opportunity of making representations about those grounds; (c) the police authority has had an opportunity of making proposals for the taking of remedial measures that would make the giving of the direction unnecessary; and (d) the Secretary of State has considered any such representations and any such proposals. (5) Subsection (4) does not apply if the Secretary of State is satisfied that— (a) the police authority has already been made aware of the matters constituting the Secretary of State's grounds for proposing to give a direction under this section; (b) the information the authority had about those matters was sufficient to enable it to identify remedial measures that would have made the giving of the direction unnecessary; and (c) the authority has had a reasonable opportunity to take such measures. (6) The Secretary of State shall not give a direction under this section unless Her Majesty's Chief Inspector of Constabulary has been given— (a) the same information about the grounds for proposing to give that direction as is required to be given under subsection (4)(a) (or would be so required but for subsection (5)); and (b) an opportunity of making written observations about those grounds. The Secretary of State shall publish any such observations in such manner as appears to him to be appropriate. (7) A police authority that is given a direction under this section shall comply with it. (8) Nothing in this section or in section 40 prevents the Secretary of State from exercising (whether in relation to the same matter or different matters or at the same time or at different times) both his powers under this section and his powers under section 40. (40B) (1) The Secretary of State may by regulations make further provision as to the procedure to be followed in cases where— (a) a proposal is made for the giving of a direction under section 40; (b) a proposal is made for the giving of a direction under section 40A. (2) Before making any regulations under this section, the Secretary of State shall consult with— (a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and (c) such other persons as he thinks fit. (3) Regulations under this section may make different provision for different cases and circumstances. (4) A statutory instrument containing regulations under this section shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House. (5) On giving a direction under section 40 or section 40A to a police authority, the Secretary of State shall notify the chief officer of police of the force in question that he has given that direction. (6) Where the Secretary of State gives a direction under section 40 or section 40A he shall lay before Parliament— (a) a copy of the direction; and (b) a report about it. (7) A report under subsection (7)— (a) shall be prepared at such time as the Secretary of State considers appropriate; and (b) may relate to more than one direction.

28

In section 41 (directions as to minimum budget), in subsection (1), after “section 40” there is inserted “ or 40A ”.

Power to give directions as to action plans

29

Sections 41A and 41B (power to give directions as to action plans, and procedure for doing so) are repealed.

Arrangements for obtaining the views of the community on policing

30

• (1) Section 96 (arrangements for obtaining the views of the community on policing) is amended as follows.

• (2) In subsection (1)(b), after “crime” there is inserted “ and anti-social behaviour ”.

• (3) In subsection (2), for “subsection (6)” there is substituted “ provision made by virtue of subsection (6)(b) ”.

• (4) For subsections (6) to (10) there is substituted—

(6) The Secretary of State may by regulations— (a) make provision supplementing that made by this section (or by regulations under paragraph (b)); (b) make provision applying in place of subsection (2) in relation to the City of London police area. (7) Regulations under subsection (6)(a) may contain— (a) provision requiring a police authority to review arrangements made under this section from time to time; (b) provision (further to that made by subsection (2) or by regulations under subsection (6)(b)) as to persons whom a police authority is to consult in making or reviewing the arrangements; (c) provision as to matters to which a police authority is to have regard in making or reviewing the arrangements; (d) provision for the Secretary of State, if not satisfied with the adequacy of arrangements made under this section by a police authority, to require the authority— (i) to submit reports to him concerning the arrangements; (ii) to review the arrangements. (8) Before making regulations under this section the Secretary of State must consult— (a) the Association of Police Authorities, (b) the Association of Chief Police Officers, and (c) such other persons as he thinks fit. (9) Regulations under this section may make different provision for different police authorities. (10) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

SCHEDULE 3

Introduction

1

In this Schedule—

• “the 1976 Act” means the Police Pensions Act 1976 (c. 35);

• “1976 Act scheme” means a pension scheme established by regulations under section 1 of the 1976 Act (pensions for police in Great Britain);

• “the 1998 Act” means the Police (Northern Ireland) Act 1998 (c. 32);

• “1998 Act scheme” means a pension scheme established by regulations under section 25(2)(k) of the 1998 Act (pensions for members of Police Service of Northern Ireland) or section 26(2)(g) of that Act (pensions for members of Police Service of Northern Ireland Reserve);

• “police pension scheme” means a 1976 Act scheme or a 1998 Act scheme;

• “police pensions regulations” means—regulations under section 1 of the 1976 Act;regulations under section 25(2)(k) or 26(2)(g) of the 1998 Act.

Power to merge police pension schemes

2

• (1) Regulations may—

• (a) revoke those provisions of the police pensions regulations that apply to persons who became members of a police pension scheme before 6th April 2006, and

• (b) make equivalent provision establishing a single pension scheme for the benefit of those persons.

• (2) In sub-paragraph (1)(b) “equivalent provision” means, subject to sub-paragraph (3), provision having the same effect as the provisions revoked.

• (3) The regulations may make changes to the effect of the provisions revoked if the changes—

• (a) are made as a result of consolidating the provisions of the different police pensions regulations into a single pension scheme, and

• (b) do not make the scheme less beneficial to any member of it than the police pension scheme of which he was previously a member.

Exercise of power to establish merged scheme

3

• (1) This paragraph applies to the first regulations under this Schedule.

• (2) The power to make the regulations is exercisable by the Secretary of State with the consent of the Treasury.

• (3) The Secretary of State shall—

• (a) consult with the Police Advisory Board for England and Wales before exercising the power as regards England and Wales;

• (b) consult with the Police Negotiating Board for Scotland before exercising the power as regards Scotland;

• (c) consult with the Northern Ireland Policing Board and the Police Association for Northern Ireland before exercising the power as regards Northern Ireland.

• (4) The regulations may be framed so as to have effect as from a date before the making of the regulations.

Exercise of power to amend merged scheme

4

• (1) The power to make amending regulations is exercisable as if—

• (a) any provision of the 1976 Act applying to regulations under section 1 of that Act,

• (b) any provision of Northern Ireland legislation applying to regulations under section 25(2)(k) of the 1998 Act, and

• (c) any provision of Northern Ireland legislation applying to regulations under section 26(2)(g) of the 1998 Act,

applied also to the amending regulations.

• (2) In this paragraph “amending regulations” means regulations amending regulations previously made under this Schedule.

Application of provisions of other Acts

5

• (1) The provisions of—

• (a) section 8A of the 1976 Act (information in connection with police pensions etc),

• (b) section 9 of that Act (assignment etc of pension to be void), and

• (c) section 10 of that Act (obtaining pension by self-inflicted injury etc),

apply to regulations under this Schedule, so far as relating to persons who are former members of a 1976 Act Scheme, as they apply to regulations under section 1 of the 1976 Act.

• (2) The Pensions (Increase) Act 1971 (c. 56) has effect as if a reference in paragraph 15 or 43 of Schedule 2 to a pension payable under the Police Pensions Act 1976 included a reference to a pension payable under regulations under this Schedule to a person who is a former member of a 1976 Act Scheme.

Transitional provision

6

A reference, however expressed, in any document (including an enactment) to—

• (a) regulations under section 1 of the 1976 Act,

• (b) regulations under section 25(2)(k) of the 1998 Act, or

• (c) regulations under section 26(2)(g) of the 1998 Act,

is to be read, where the context allows, as including a reference to regulations under this Schedule.

Continuity of schemes for tax purposes

7

A pension scheme established under this Schedule is to be regarded for the purposes of Part 4 of the Finance Act 2004 (c. 12) (taxation of pension schemes etc) as a continuation of each police pension scheme that it replaces, and not as a different scheme.

SCHEDULE 4

Police and Criminal Evidence Act 1984 (c. 60)

1

In section 67 of the Police and Criminal Evidence Act 1984 (supplementary provisions about codes), for paragraphs (a) and (b) of subsection (4) there is substituted—

(a) the Association of Police Authorities, (b) the Association of Chief Police Officers of England, Wales and Northern Ireland,

.

Police Act 1996 (c. 16)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In section 39A of that Act (codes of practice for chief officers), for paragraphs (a) and (b) of subsection (4) there is substituted—

(a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and

.

4

In section 42A of that Act (procedure in relation to removal of senior officers), for paragraphs (a) and (b) of subsection (2) there is substituted—

(a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and

.

5

In section 53 of that Act (regulations as to standard of equipment), for paragraphs (a) and (b) of subsection (2) there is substituted—

(a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and

.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In section 57 of that Act (common services), for paragraphs (a) and (b) of subsection (4) there is substituted—

(a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and

.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Procedure and Investigations Act 1996 (c. 25)

9

In section 21A of the Criminal Procedure and Investigations Act 1996 (code of practice for police interviews of certain witnesses), in subsection (4)—

• (a) before paragraph (a) there is inserted—

(za) the Association of Chief Police Officers of England, Wales and Northern Ireland;

;

• (b) sub-paragraph (i) of paragraph (a) is omitted.

Criminal Justice and Police Act 2001 (c. 16)

10

In section 97 of the Criminal Justice and Police Act 2001 (regulations for police forces), for paragraphs (c) and (d) of subsection (4) there is substituted—

(c) the Association of Police Authorities; and (d) the Association of Chief Police Officers of England, Wales and Northern Ireland.

Police Reform Act 2002 (c. 30)

11

In section 22 of the Police Reform Act 2002 (power of Independent Police Complaints Commission to issue guidance), for paragraphs (a) and (b) of subsection (3) there is substituted—

(a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and

.

12

In section 24 of that Act (consultation on regulations), for paragraphs (b) and (c) there is substituted—

(b) the Association of Police Authorities; (c) the Association of Chief Police Officers; and

.

13

In section 39 of that Act (police powers for contracted-out staff), for paragraphs (a) and (b) of subsection (11) there is substituted—

(a) the Association of Police Authorities; (b) the Association of Chief Police Officers;

.

14

In section 43 of that Act (railway safety accreditation scheme), in subsection (9)—

• (a) for paragraph (a) there is substituted—

(a) the Association of Chief Police Officers;

;

• (b) for paragraph (c) there is substituted—

(c) the Association of Police Authorities;

.

15

In section 45 of that Act (code of practice relating to chief officers' powers under Chapter 1 of Part 4), in subsection (3)—

• (a) for paragraph (c) there is substituted—

(c) the Association of Police Authorities;

;

• (b) for paragraph (f) there is substituted—

(f) the Association of Chief Police Officers;

.

16

In section 51 of that Act (independent custody visitors for places of detention), for paragraphs (a) and (b) of subsection (7) there is substituted—

(a) the Association of Police Authorities; (b) the Association of Chief Police Officers; and

.

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

1

The Police Reform Act 2002 (c. 30) is amended as follows.

2

• (1) Section 38 (police powers for police authority employees) is amended as follows.

• (2) In subsection (4)(c) (person not to be designated unless adequately trained), after “conferred” there is inserted “ or imposed ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In section 105 (orders and regulations), in subsection (3)(b), after “section 19(3)” there is inserted “ , 38A(4) ”.

5

• (1) Schedule 4 (powers exercisable by police civilians) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In paragraphs 34(2) and 35(4) (escort officer's powers to carry out non-intimate searches of persons), for “designation under” there is substituted “ application of ”.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) In paragraph 36(1)(a) (meaning of “the relevant police area”), for “designation” there is substituted “ person designated ”.

• (13) In paragraph 36, for sub-paragraphs (2) and (3) there is substituted—

(2) In Part 1 of this Schedule “a designation” means— (a) a designation under section 38, or (b) an order under section 38A(1) (and, accordingly, the power to make such an order— (i) is extended by paragraphs 1(3)(b), 1A(2) and (7), 2(6) and 4(1)(b), but (ii) is subject to paragraphs 2(2), 4(2) and 11B(5)). (2A) In Parts 2 and 4A of this Schedule “a designation” means a designation under section 38. (3) In Parts 3 and 4 of this Schedule “a designation” means a designation under section 38 or 39.

6

• (1) Paragraph 1 of Schedule 5 (power of accredited persons to issue fixed penalty notices) is amended as follows.

• (2) In sub-paragraph (2) (powers conferred on a person when paragraph 1 is applied to him), in the words before paragraph (a) (which refer to a relevant offence), after “relevant” there is inserted “ fixed penalty ”.

• (3) In sub-paragraph (3)(a) (meaning of “relevant fixed penalty offence” in paragraph 1), for “(c)” there is substituted “ (d) ”.

SCHEDULE 6

Part 1 — Introductory

1

The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

Part 2 — Police bail granted elsewhere than at police station

Power to impose conditions on granting bail

2

In section 30A (bail elsewhere than at police station), for subsection (4) (no condition of bail may be imposed other than requirement to attend police station) there is substituted—

(3A) Where a constable releases a person on bail under subsection (1)— (a) no recognizance for the person's surrender to custody shall be taken from the person, (b) no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf, (c) the person shall not be required to provide a surety or sureties for his surrender to custody, and (d) no requirement to reside in a bail hostel may be imposed as a condition of bail. (3B) Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary— (a) to secure that the person surrenders to custody, (b) to secure that the person does not commit an offence while on bail, (c) to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or (d) for the person's own protection or, if the person is under the age of 17, for the person's own welfare or in the person's own interests. (4) Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section.

Contents of notice given to person released on bail

3

In section 30B (bail under section 30A: notices), after subsection (4) there is inserted—

(4A) If the person is granted bail subject to conditions under section 30A(3B), the notice also— (a) must specify the requirements imposed by those conditions, (b) must explain the opportunities under sections 30CA(1) and 30CB(1) for variation of those conditions, and (c) if it does not specify the police station at which the person is required to attend, must specify a police station at which the person may make a request under section 30CA(1)(b).

Variation of bail conditions

4

After section 30C there is inserted—

(30CA) (1) Where a person released on bail under section 30A(1) is on bail subject to conditions— (a) a relevant officer at the police station at which the person is required to attend, or (b) where no notice under section 30B specifying that police station has been given to the person, a relevant officer at the police station specified under section 30B(4A)(c), may, at the request of the person but subject to subsection (2), vary the conditions. (2) On any subsequent request made in respect of the same grant of bail, subsection (1) confers power to vary the conditions of the bail only if the request is based on information that, in the case of the previous request or each previous request, was not available to the relevant officer considering that previous request when he was considering it. (3) Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)— (a) paragraphs (a) to (d) of section 30A(3A) apply, (b) requirements imposed by the conditions as so varied must be requirements that appear to the relevant officer varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and (c) the relevant officer who varies the conditions must give the person notice in writing of the variation. (4) Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power— (a) to vary or rescind any of the conditions, and (b) to impose further conditions. (5) In this section “relevant officer”, in relation to a designated police station, means a custody officer but, in relation to any other police station— (a) means a constable, or a person designated as a staff custody officer under section 38 of the Police Reform Act 2002, who is not involved in the investigation of the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1), if such a constable or officer is readily available, and (b) if no such constable or officer is readily available— (i) means a constable other than the one who granted bail to the person, if such a constable is readily available, and (ii) if no such constable is readily available, means the constable who granted bail. (30CB) (1) Where a person released on bail under section 30A(1) is on bail subject to conditions, a magistrates' court may, on an application by or on behalf of the person, vary the conditions if— (a) the conditions have been varied under section 30CA(1) since being imposed under section 30A(3B), (b) a request for variation under section 30CA(1) of the conditions has been made and refused, or (c) a request for variation under section 30CA(1) of the conditions has been made and the period of 48 hours beginning with the day when the request was made has expired without the request having been withdrawn or the conditions having been varied in response to the request. (2) In proceedings on an application for a variation under subsection (1), a ground may not be relied upon unless— (a) in a case falling within subsection (1)(a), the ground was relied upon in the request in response to which the conditions were varied under section 30CA(1), or (b) in a case falling within paragraph (b) or (c) of subsection (1), the ground was relied upon in the request mentioned in that paragraph, but this does not prevent the court, when deciding the application, from considering different grounds arising out of a change in circumstances that has occurred since the making of the application. (3) Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)— (a) paragraphs (a) to (d) of section 30A(3A) apply, (b) requirements imposed by the conditions as so varied must be requirements that appear to the court varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and (c) that bail shall not lapse but shall continue subject to the conditions as so varied. (4) Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power— (a) to vary or rescind any of the conditions, and (b) to impose further conditions.

Power of arrest for breach of bail conditions

5

• (1) Section 30D (failure to answer to bail under section 30A) is amended as follows.

• (2) After subsection (2) there is inserted—

(2A) A person who has been released on bail under section 30A may be arrested without a warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail. (2B) A person arrested under subsection (2A) must be taken to a police station (which may be the specified police station mentioned in subsection (1) or any other police station) as soon as practicable after the arrest.

• (3) In subsection (4)(a) (arrest under section 30D treated for purposes of section 30 as arrest for offence, subject to obligation in subsection (2)), for “obligation in subsection (2)” there is substituted “ obligations in subsections (2) and (2B) ”.

Part 3 — Police bail granted at police station before charge

Power to impose conditions on bail granted under section 37(2) or (7)(b)

6

In section 47(1A) (where person released on bail under Part 4, normal powers to impose conditions of bail are available only where release is under section 37(7)(a) or 38(1)), for “37(7)(a)” there is substituted “ 37 ”.

Power of arrest for breach of conditions of bail granted under section 37(2) or (7)(b)

7

In section 46A(1A) (person released on bail under section 37(7)(a) or 37C(2)(b) may be arrested without warrant if suspected of breaking conditions of bail), for “37(7)(a) or 37C(2)(b)” there is substituted “ 37, 37C(2)(b) or 37CA(2)(b) ”.

Dealing with person arrested for breach of conditions of bail granted under section 37(7)(b)

8

• (1) After section 37C there is inserted—

(37CA) (1) This section applies where a person released on bail under section 37(7)(b) above or subsection (2)(b) below— (a) is arrested under section 46A below in respect of that bail, and (b) is being detained following that arrest at the police station mentioned in section 46A(2) below. (2) The person arrested— (a) shall be charged, or (b) shall be released without charge, either on bail or without bail. (3) The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer. (4) A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest.

• (2) In section 37A(1)(a) and (3) (guidance as to exercise of functions under sections 37(7) and 37C(2)), after “37C(2)” there is inserted “ or 37CA(2) ”.

Time for person to answer bail granted under section 37(2) or (7)(b) or 37CA(2)(b)

9

• (1) In section 37D(1) (release on bail under section 37(7)(a) or 37C(2)(b): appointment of different or additional time to answer bail), for “37(7)(a) or section 37C(2)(b)” there is substituted “ 37, 37C(2)(b) or 37CA(2)(b) ”.

• (2) In the heading to section 37D, for “under section 37(7)(a)” there is substituted “ on bail under section 37 ”.

Dealing with person released on bail under section 37(7)(b) or 37CA(2)(b)

10

• (1) Section 37D (release under section 37(7)(a): further provision) is amended as follows.

• (2) For subsection (5) (person not fit to be dealt with as mentioned in subsection (4) to be detained until fit) there is substituted—

(4A) Where a person released on bail under section 37(7)(b) or 37CA(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37CA above or to enable the power under subsection (1) above to be exercised. (5) If the person mentioned in subsection (4) or (4A) above is not in a fit state to enable him to be dealt with as mentioned in that subsection or to enable the power under subsection (1) above to be exercised, he may be kept in police detention until he is.

• (3) In subsection (6) (application of section 37 where person detained under section 37D)—

• (a) after “subsection (4)” there is inserted “ , (4A) ”;

• (b) for “37(7)(a) or 37C(2)(b)” there is substituted “ 37(7), 37C(2)(b) or 37CA(2)(b) ”.

Applications to court where person released on bail under section 37(2) or (7)(b) or 37CA(2)(b)

11

In section 47(1B) and (1C) (applications to court where person on bail under section 37(7)(a) or 37C(2)(b)), for “37(7)(a) or 37C(2)(b)” there is substituted “ 37, 37C(2)(b) or 37CA(2)(b) ”.

SCHEDULE 7

SCHEDULE 8

Introductory

1

• (1) This Schedule applies in relation to a local authority—

• (a) that is not operating executive arrangements under Part 1A or 2 of the Local Government Act 2000 (c. 22), and

• (b) that has not appointed an overview and scrutiny committee under section 9JA of that Act.

• (2) In this Schedule “local authority” and “crime and disorder committee” have the same meaning as in section 19.

Functions of crime and disorder committees

2

• (1) The crime and disorder committee of a local authority may not discharge any functions other than its functions under section 19 or this Schedule.

• (2) In the case of a committee of a local authority that acts as its crime and disorder committee and also acts in one or more other capacities, the reference in sub-paragraph (1) to the crime and disorder committee is a reference to that committee in its capacity as crime and disorder committee.

Appointment of sub-committees

3

• (1) The crime and disorder committee of a local authority—

• (a) may appoint one or more sub-committees, and

• (b) may arrange for the discharge of any of its functions by any such sub-committee.

• (2) A sub-committee of the crime and disorder committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).

Meetings etc

4

A local authority shall make arrangements—

• (a) for enabling a member of the crime and disorder committee of the authority to ensure that a matter that is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee, and

• (b) for enabling a member of a sub-committee of such a committee to ensure that a matter that is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee.

5

The crime and disorder committee of a local authority, or a sub-committee of such a committee, may include persons who are not members of the authority, but (subject to section 20(6)) such persons are not entitled to vote, at a meeting of such a committee or sub-committee, on any question that falls to be decided at that meeting.

Power to compel attendance etc

6

• (1) The crime and disorder committee of a local authority or a sub-committee of such a committee—

• (a) may require members or officers of the authority to attend before it to answer questions;

• (b) may invite other persons to attend meetings of the committee.

• (2) A member or officer of a local authority shall comply with any requirement made under sub-paragraph (1)(a).

• (3) A person is not obliged by sub-paragraph (2) to answer any question that he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

Miscellaneous and supplemental

7

The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents of certain authorities, committees and sub-committees).

8

The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) applies.

9

Subsections (2) and (5) of section 102 of the Local Government Act 1972 (appointment of committees) apply to the crime and disorder committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

Application to the City of London

10

Paragraph 8 does not apply to the crime and disorder committee of the Common Council or to a sub-committee of that committee.

11

• (1) The Common Council may discharge its duty under section 19(1) by itself acting as the crime and disorder committee of the Council, and sub-paragraphs (2) to (4) apply if it does so.

• (2) In section 19 or 20 or this Schedule, or in section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies), a reference to the crime and disorder committee of a local authority includes a reference to the Common Council in its capacity as crime and disorder committee.

• (3) Paragraph 2, in its application to the Common Council, has effect with the omission of sub-paragraph (2).

• (4) Paragraph 9, in its application to the Common Council, applies only so far as it relates to sub-committees.

12

In paragraphs 10 and 11 “the Common Council” means the Common Council of the City of London.

SCHEDULE 9

1

The Crime and Disorder Act 1998 (c. 37) is amended as follows.

2

• (1) Section 5 (authorities responsible for strategies) is amended as follows.

• (2) In subsection (1), after “functions conferred by” there is inserted “ or under ”.

• (3) In subsection (1A)(a), for “by sections 6 to 7” there is substituted “ by or under section 6 or by section 7 ”.

• (4) In subsection (1B)(b), after “drugs” there is inserted “ , alcohol and other substances ”.

• (5) After subsection (5) there is inserted—

(6) The appropriate national authority may by order amend this section by— (a) adding an entry for any person or body to the list of authorities in subsection (1), (b) altering or repealing an entry for the time being included in the list, or (c) adding, altering or repealing provisions for the interpretation of entries in the list. (7) In this section the “appropriate national authority”, in relation to a person or body, means— (a) the National Assembly for Wales, if all the functions of the person or body are devolved Welsh functions; (b) the Secretary of State and the Assembly acting jointly, if the functions of the person or body include devolved Welsh functions and other functions; and (c) the Secretary of State, if none of the functions of the person or body are devolved Welsh functions. (8) In subsection (7), “devolved Welsh functions” means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions.

3

For sections 6 and 6A there is substituted—

(6) (1) The responsible authorities for a local government area shall, in accordance with section 5 and with regulations made under subsection (2), formulate and implement— (a) a strategy for the reduction of crime and disorder in the area (including anti-social and other behaviour adversely affecting the local environment); and (b) a strategy for combatting the misuse of drugs, alcohol and other substances in the area. (2) The appropriate national authority may by regulations make further provision as to the formulation and implementation of a strategy under this section. (3) Regulations under subsection (2) may in particular make provision for or in connection with— (a) the time by which a strategy must be prepared and the period to which it is to relate; (b) the procedure to be followed by the responsible authorities in preparing and implementing a strategy (including requirements as to the holding of public meetings and other consultation); (c) the conferring of functions on any one or more of the responsible authorities in relation to the formulation and implementation of a strategy; (d) matters to which regard must be had in formulating and implementing a strategy; (e) objectives to be addressed in a strategy and performance targets in respect of those objectives; (f) the sharing of information between responsible authorities; (g) the publication and dissemination of a strategy; (h) the preparation of reports on the implementation of a strategy. (4) The provision which may be made under subsection (2) includes provision for or in connection with the conferring of functions on a committee of, or a particular member or officer of, any of the responsible authorities. (5) The matters referred to in subsection (3)(d) may in particular include guidance given by the appropriate national authority in connection with the formulation or implementation of a strategy. (6) Provision under subsection (3)(e) may require a strategy to be formulated so as to address (in particular)— (a) the reduction of crime or disorder of a particular description; or (b) the combatting of a particular description of misuse of drugs, alcohol or other substances. (7) Regulations under this section may make— (a) different provision for different local government areas; (b) supplementary or incidental provision. (8) For the purposes of this section any reference to the implementation of a strategy includes— (a) keeping it under review for the purposes of monitoring its effectiveness; and (b) making any changes to it that appear necessary or expedient. (9) In this section the “appropriate national authority” is— (a) the Secretary of State, in relation to strategies for areas in England; (b) the National Assembly for Wales, in relation to strategies for combatting the misuse of drugs, alcohol or other substances in areas in Wales; (c) the Secretary of State and the Assembly acting jointly, in relation to strategies for combatting crime and disorder in areas in Wales.

4

• (1) Section 17 (duty to consider crime and disorder implications) is amended as follows.

• (2) In subsection (1), for “crime and disorder in its area” there is substituted—

(a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and (b) the misuse of drugs, alcohol and other substances in its area.

• (3) For subsection (2) there is substituted—

(2) This section applies to each of the following— - a local authority; - a joint authority; - the London Fire and Emergency Planning Authority; - a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; - a metropolitan county fire authority; - a police authority; - a National Park authority; - the Broads Authority.

• (4) After subsection (3) there is inserted—

(4) The appropriate national authority may by order amend this section by— (a) adding an entry for any person or body to the list of authorities in subsection (2), (b) altering or repealing any entry for the time being included in the list, or (c) adding, altering or repealing provisions for the interpretation of entries in the list. (5) In subsection (4) “the appropriate national authority” has the same meaning as in section 5.

5

After section 17 there is inserted—

(17A) (1) A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed. (2) In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State. (3) The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area). (4) Nothing in this section requires a relevant authority to disclose any personal data (within the meaning of the Data Protection Act 1998). (5) In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.

6

• (1) Section 114 (orders and regulations) is amended as follows.

• (2) In subsection (2)—

• (a) “, 6A(1)” is omitted;

• (b) after “regulations under” there is inserted “ section 6 or 17A or ”.

• (3) In subsection (3)—

• (a) after “1F,” there is inserted “ 5(6), ”;

• (b) for “38(5) or 41(6)” there is substituted “ 17(4), 38(5), 41(6) or 115(3) ”.

• (4) After that subsection there is inserted—

(4) The Secretary of State must consult the National Assembly for Wales before making an order under section 5(6), 17(4) or 115(3) that relates to a person or body any of whose functions are dischargeable in relation to Wales (not being functions of the kind referred to in section 5(8)).

7

• (1) Section 115 (disclosure of information) is amended as follows.

• (2) In subsection (2), for “subsection (1) above” there is substituted “ this section ”, and at the end there is inserted—

(h) the London Fire and Emergency Planning Authority; (i) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; (j) a metropolitan county fire and rescue authority.

• (3) After that subsection there is inserted—

(3) The appropriate national authority may by order amend this section so far as it extends to England and Wales by— (a) adding an entry for any person or body to the list of authorities in subsection (2), (b) altering or repealing any entry for the time being included in the list, or (c) adding, altering or repealing provisions for the interpretation of entries in the list. (4) In subsection (3) “the appropriate national authority” has the same meaning as in section 5.

SCHEDULE 10

Introductory

1

• (1) The provisions of this Schedule apply where the court has power to remand a person under section 27(6) (injunctions in local authority proceedings: power of arrest and remand).

• (2) In this Schedule “the court” has the same meaning as in section 27.

Remand in custody or on bail

2

• (1) The court may—

• (a) remand the person in custody, that is, commit him to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require, or

• (b) remand him on bail, in accordance with the following provisions.

• (2) The court may remand the person on bail—

• (a) by taking from him a recognizance, with or without sureties, conditioned as provided in paragraph 3, or

• (b) by fixing the amount of the recognizances with a view to their being taken subsequently, and in the meantime committing him to custody as mentioned in sub-paragraph (1)(a).

• (3) Where a person is brought before the court after remand, the court may further remand him.

3

• (1) Where a person is remanded on bail, the court may direct that his recognizance be conditioned for his appearance—

• (a) before that court at the end of the period of remand, or

• (b) at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.

• (2) Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of any time for him next to appear shall be deemed to be a remand.

• (3) Nothing in this paragraph affects the power of the court at any subsequent hearing to remand him afresh.

4

• (1) The court shall not remand a person for a period exceeding eight clear days except that—

• (a) if the court remands him on bail, it may remand him for a longer period if he and the other party consent, and

• (b) if the court adjourns a case under section 27(9) (remand for medical examination and report) the court may remand him for the period of adjournment.

• (2) Where the court has the power to remand a person in custody it may, if the remand is for a period not exceeding three clear days, commit him to the custody of a constable.

Further remand

5

• (1) If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time.

• (2) The power mentioned in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging his recognizance and those of any sureties for him to a later time.

• (3) Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand him under sub-paragraph (1), the court may in his absence enlarge his recognizance and those of any sureties for him to a later time.

• (4) The enlargement of his recognizance shall be deemed to be a further remand.

• (5) Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.

Postponement of taking recognizance

6

Where under paragraph 2(2)(b) the court fixes the amount in which the principal and his sureties, if any, are to be bound, the recognizance may afterwards be taken by such person as may be prescribed by rules of court, with the same consequences as if it had been entered into before the court.

Requirements imposed on remand on bail

7

The court may when remanding a person on bail under this Schedule require him to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that he does not interfere with witnesses or otherwise obstruct the course of justice.

SCHEDULE 11

SCHEDULE 12

SCHEDULE 13

Part 1 — Amendments to the Extradition Act 2003

Requests for extradition of persons unlawfully at large

1

• (1) In section 2 (Part 1 warrant and certificate), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “ has been convicted ”.

• (2) In section 70 (request and certificate for extradition to category 2 territory)—

• (a) in subsection (3), after “subsection (4)” there is inserted “ or the statement referred to in subsection (4A) ”;

• (b) for subsection (4) there is substituted—

(4) The statement is one that— (a) the person is accused in the category 2 territory of the commission of an offence specified in the request, and (b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being prosecuted for the offence. (4A) The statement is one that— (a) the person has been convicted of an offence specified in the request by a court in the category 2 territory, and (b) the request is made with a view to his arrest and extradition to the category 2 territory for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

• (3) In section 142 (issue of Part 3 warrant), in subsection (5)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “ has been convicted ”.

2

• (1) In section 14 (passage of time), for the words from “since” to the end there is substituted

since he is alleged to have— (a) committed the extradition offence (where he is accused of its commission), or (b) become unlawfully at large (where he is alleged to have been convicted of it)

.

• (2) After section 68 there is inserted—

(68A) (1) A person is alleged to be unlawfully at large after conviction of an offence if— (a) he is alleged to have been convicted of it, and (b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence. (2) This section applies for the purposes of this Part, other than sections 14 and 63.

• (3) In section 82 (passage of time), for the words from “since” to the end there is substituted

since he is alleged to have— (a) committed the extradition offence (where he is accused of its commission), or (b) become unlawfully at large (where he is alleged to have been convicted of it)

.

• (4) After section 140 there is inserted—

(140A) (1) A person is alleged to be unlawfully at large after conviction of an offence if— (a) he is alleged to have been convicted of it, and (b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence. (2) This section applies for the purposes of this Part, other than sections 82 and 136.

• (5) In section 143 (undertaking in relation to person serving sentence), in subsection (4), for “alleged to be unlawfully at large after conviction” there is substituted “ who has been convicted ”.

• (6) In section 148 (extradition offences), in subsection (3)(a), for “is alleged to be unlawfully at large after conviction” there is substituted “ has been convicted ”.

• (7) In section 179 (competing claims to extradition), after subsection (4) there is inserted—

(5) For the purposes of this section a person is alleged to be unlawfully at large after conviction of an offence if— (a) he is alleged to have been convicted of it, and (b) his extradition is sought for the purpose of his being sentenced for the offence or of his serving a sentence of imprisonment or another form of detention imposed in respect of the offence.

• (8) In section 188 (re-extradition to category 1 territories), in subsection (1)(b)(i), for “was alleged to be unlawfully at large after conviction” there is substituted “ had been convicted ”.

• (9) In section 189 (re-extradition to category 2 territories), in subsection (1)(b), for “was alleged to be unlawfully at large after conviction” there is substituted “ had been convicted ”.

Restriction on extradition following transfer from International Criminal Court

3

• (1) In section 11 (bars to extradition)—

• (a) after paragraph (h) of subsection (1) there is inserted—

(i) the person's earlier transfer to the United Kingdom by the International Criminal Court.

;

• (b) in subsection (2), for “Sections 12 to 19” there is substituted “ Sections 12 to 19A ”.

• (2) After section 19 there is inserted—

(19A) (1) A person's extradition to a category 1 territory is barred by reason of his earlier transfer by the International Criminal Court if (and only if)— (a) the person was transferred to the United Kingdom to serve a sentence imposed by the Court; (b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 1 territory in respect of the extradition offence under consideration; (c) that consent has not been given. (2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently— (a) remained voluntarily in the United Kingdom for more than 30 days, or (b) left the United Kingdom and returned to it.

• (3) In section 93 (Secretary of State's consideration of case), after paragraph (c) of subsection (2) there is inserted—

(d) section 96A (earlier transfer to United Kingdom by International Criminal Court).

• (4) After section 96 there is inserted—

(96A) (1) The Secretary of State must not order a person's extradition to a category 2 territory if— (a) the person was transferred to the United Kingdom to serve a sentence imposed by the International Criminal Court; (b) under arrangements between the United Kingdom and the Court, the consent of the Presidency of the Court is required to the person's extradition from the United Kingdom to the category 2 territory in respect of the extradition offence under consideration; (c) that consent has not been given. (2) Subsection (1) does not apply if the person has served the sentence imposed by the Court and has subsequently— (a) remained voluntarily in the United Kingdom for more than 30 days, or (b) left the United Kingdom and returned to it.

Restriction on extradition in cases where trial in United Kingdom more appropriate

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remand of person serving sentence in United Kingdom

7

In sections 23 and 89 (person serving sentence in United Kingdom), after subsection (2) there is inserted—

(3) In a case where an extradition hearing is adjourned under subsection (2)— (a) section 131 of the Magistrates' Courts Act 1980 (remand of accused already in custody) has effect as if a reference to 28 clear days in subsection (1) or (2) of that section were a reference to six months; (b) Article 47(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (period of remand in custody) has effect as if a reference to 28 days in— (i) paragraph (a)(iii), or (ii) the words after paragraph (b), were a reference to six months.

Remands in connection with appeal proceedings

8

• (1) In section 29 (court's powers on appeal under section 28), after subsection (6) there is inserted—

(7) If the court allows the appeal it must remand the person in custody or on bail. (8) If the court remands the person in custody it may later grant bail.

• (2) In section 30 (detention pending conclusion of appeal under section 28)—

• (a) for paragraph (b) of subsection (4) there is substituted—

(b) when the High Court— (i) allows the appeal, or (ii) dismisses the appeal, unless, where the appeal is dismissed, the authority immediately informs the court that it intends to apply for leave to appeal to the House of Lords;

;

• (b) in paragraph (c) of that subsection, at the end there is inserted “ , if no appeal to the House of Lords is brought before the end of that period ”;

• (c) in subsection (5)(a), for “if” there is substituted “ unless ”.

• (3) In section 32 (appeal to House of Lords), for subsection (10) there is substituted—

(10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 26.

• (4) In section 33 (powers of House of Lords on appeal under section 32), at the end there is inserted—

(10) In a case where— (a) subsection (5) applies, or (b) subsections (7) and (8) apply, the House of Lords must remand, in custody or on bail, the person in respect of whom the warrant was issued. (11) If the House of Lords remands the person in custody the High Court may later grant bail.

• (5) After section 33 there is inserted—

(33A) (1) This section applies if immediately after the High Court orders the person's discharge the court is informed by the authority which issued the Part 1 warrant that it intends to appeal under section 32. (2) The court must remand the person in custody or on bail while the appeal under section 32 is pending. (3) If the court remands the person in custody it may later grant bail. (4) An appeal under section 32 ceases to be pending at the earliest of these times— (a) when the proceedings on the appeal are discontinued; (b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 26 is granted, if no appeal to the House of Lords is brought before the end of that period; (c) when there is no further step that can be taken by the authority which issued the Part 1 warrant in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time). (5) The preceding provisions of this section do not apply to Scotland.

• (6) In section 104 (court's powers on appeal under section 103), after subsection (7) there is inserted—

(8) If the court makes a direction under subsection (1)(b) it must remand the person in custody or on bail. (9) If the court remands the person in custody it may later grant bail.

• (7) In section 106 (court's powers on appeal under section 105), after subsection (8) there is inserted—

(9) If the court— (a) allows the appeal, or (b) makes a direction under subsection (1)(b), it must remand the person in custody or on bail. (10) If the court remands the person in custody it may later grant bail.

• (8) In section 107 (detention pending conclusion of appeal under section 105)—

• (a) for paragraph (b) of subsection (4) there is substituted—

(b) when the High Court— (i) allows the appeal, (ii) makes a direction under section 106(1)(b), or (iii) dismisses the appeal, unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the House of Lords;

;

• (b) in paragraph (c) of that subsection, at the end there is inserted “ , if no appeal to the House of Lords is brought before the end of that period ”;

• (c) in subsection (5)(a), for “if” there is substituted “ unless ”.

• (9) In section 111 (court's powers on appeal under section 110), after subsection (5) there is inserted—

(6) If the court allows the appeal it must remand the person in custody or on bail. (7) If the court remands the person in custody it may later grant bail.

• (10) For section 112 there is substituted—

(112) (1) This section applies in a case where the Secretary of State orders the person's discharge under this Part. (2) Subject to subsection (3)— (a) the order made by the appropriate judge under section 92(4) (“the remand order”) remains in force until the end of the period of three days beginning with the day on which the person's discharge is ordered; (b) if within that period the Secretary of State is informed in writing on behalf of the category 2 territory of an intention to appeal under section 110, the remand order remains in force while the appeal is pending. (3) If the person is remanded in custody under section 92(4), the appropriate judge may grant bail. (4) An appeal under section 110 ceases to be pending at the earliest of these times— (a) when the proceedings on the appeal are discontinued; (b) when the High Court— (i) allows the appeal, or (ii) dismisses the appeal, unless, where the appeal is dismissed, the court is immediately informed on behalf of the category 2 territory of an intention to apply for leave to appeal to the House of Lords; (c) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal is granted, if no appeal to the House of Lords is brought before the end of that period; (d) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time). (5) The preceding provisions of this section apply to Scotland with these modifications— (a) in subsection (4)(b) omit the words from “unless” to the end; (b) omit subsection (4)(c).

• (11) In section 114 (appeal to House of Lords), for subsection (10) there is substituted—

(10) The High Court may grant bail to a person appealing under this section, or applying for leave to appeal under this section, against the dismissal of his appeal under section 103 or 108.

• (12) In section 115 (powers of House of Lords on appeal under section 114), after subsection (8) there is inserted—

(9) In a case where subsection (5) or (7) applies, the House of Lords must remand, in custody or on bail, the person whose extradition is requested. (10) If the House of Lords remands the person in custody the High Court may later grant bail.

• (13) After section 115 there is inserted—

(115A) (1) This section applies if— (a) on an appeal under section 103 or 108 the High Court orders the person's discharge; (b) immediately after it does so, the court is informed on behalf of the category 2 territory of an intention to appeal under section 114. (2) The court must remand the person in custody or on bail while the appeal is pending. (3) If the court remands the person in custody it may later grant bail. (4) An appeal under section 114 ceases to be pending at the earliest of these times— (a) when the proceedings on the appeal are discontinued; (b) at the end of the permitted period, which is 28 days starting with the day on which leave to appeal to the House of Lords against the decision of the High Court on the appeal under section 103 or 108 is granted, if no appeal to the House of Lords is brought before the end of that period; (c) when there is no further step that can be taken on behalf of the category 2 territory in relation to the appeal (ignoring any power of a court to grant leave to take a step out of time). (5) The preceding provisions of this section do not apply to Scotland.

Time for extradition

9

• (1) In section 35 (extradition where no appeal), in paragraph (a) of subsection (4) (period within which person must be extradited), for “the day on which the judge makes the order” there is substituted “ the first day after the period permitted under section 26 for giving notice of appeal against the judge's order ”.

• (2) In section 37 (undertaking in relation to person serving sentence in United Kingdom), after paragraph (b) of subsection (8) there is inserted— “ Paragraph (a) applies only if the day mentioned in that paragraph is later than the day mentioned in section 35(4)(a). ”

• (3) In section 38 (extradition following deferral for competing claim), at the end of subsection (3) there is inserted— “ This subsection applies only if the day on which the order is made is later than the day mentioned in section 35(4)(a). ”

Extradition of person serving sentence in United Kingdom

10

• (1) Section 37 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows.

• (2) In subsection (1), at the end of paragraph (b) there is inserted

, either— (i) in custody, or (ii) on licence

.

• (3) In subsection (4), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.

• (4) After that subsection there is inserted—

(4A) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for— (a) the offence, and (b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

11

• (1) Section 52 (undertaking in relation to person serving sentence in consent cases) is amended as follows.

• (2) In subsection (1), at the end of paragraph (b) there is inserted

, either— (i) in custody, or (ii) on licence

.

• (3) In subsection (3), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.

• (4) After that subsection there is inserted—

(3A) The terms which may be specified by the judge in relation to a person within subsection (1)(b)(ii) who is accused in a category 1 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 1 territory for— (a) the offence, and (b) any other offence in respect of which he is permitted to be dealt with in the category 1 territory.

12

In section 59 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—

(c) the person is not yet entitled to be released from detention pursuant to his sentence (whether on licence or otherwise).

13

• (1) Section 119 (undertaking in relation to person serving sentence in United Kingdom) is amended as follows.

• (2) In subsection (1), at the end of paragraph (b) there is inserted

, either— (i) in custody, or (ii) on licence

.

• (3) In subsection (3), after “in relation to a person” there is inserted “ within subsection (1)(b)(i) who is ”.

• (4) After that subsection there is inserted—

(3A) The terms which may be specified by the Secretary of State in relation to a person within subsection (1)(b)(ii) who is accused in a category 2 territory of the commission of an offence include terms that the person be returned to the United Kingdom to serve the remainder of his sentence after serving any sentence imposed on him in the category 2 territory for— (a) the offence, and (b) any other offence in respect of which he is permitted to be dealt with in the category 2 territory.

14

In section 132 (return of person to serve remainder of sentence), after paragraph (b) of subsection (1) there is inserted—

(c) the person is not yet entitled to be released from detention pursuant to his sentence (whether on licence or otherwise).

“The appropriate judge”

15

• (1) In sections 67 and 139 (the appropriate judge), after subsection (3) there is inserted—

(3A) The use of the expression “the judge” in a section containing a previous reference to “the appropriate judge” or “the judge” does not in itself require both references to be read as referring to the same individual.

• (2) In section 187 (re-extradition hearing), for subsection (10) there is substituted—

(10) Section 139 applies for the purposes of this section as it applies for the purposes of Part 2.

16

• (1) In the provisions listed in sub-paragraph (2), for “If the judge remands the person in custody he may” there is substituted “ If the person is remanded in custody, the appropriate judge may ”.

• (2) The provisions are—

• section 7(10);

• section 8(2);

• section 9(5);

• section 21(5);

• section 24(3);

• section 30(3);

• section 44(6);

• section 46(3);

• section 50(3);

• section 51(5);

• section 72(9);

• section 74(9);

• section 77(5);

• section 90(5);

• section 92(5);

• section 107(3);

• section 112(3);

• paragraph 15 of Schedule 1 (in the inserted subsection (5));

• paragraph 33 of Schedule 1 (in the inserted subsection (1B));

• paragraph 36 of Schedule 1 (in subsection (6) of the inserted section 128B).

Extradition to category 2 territories: requests and certificates

17

• (1) Section 70 (extradition request and certificate) is amended as follows.

• (2) In subsection (1)—

• (a) after “must” there is inserted “ (subject to subsection (2)) ”;

• (b) for the words after “extradition” there is substituted “ of a person to a category 2 territory ”.

• (3) For subsection (2) there is substituted—

(2) The Secretary of State may refuse to issue a certificate under this section if— (a) he has power under section 126 to order that proceedings on the request be deferred, (b) the person whose extradition is requested has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or (c) the person whose extradition is requested has been granted leave to enter or remain in the United Kingdom on the ground that it would be a breach of Article 2 or 3 of the Human Rights Convention to remove him to the territory to which extradition is requested. (2A) In subsection (2)— - “Refugee Convention” has the meaning given by section 167(1) of the Immigration and Asylum Act 1999; - “Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.

• (4) In subsection (8)—

• (a) the words after “must” become paragraph (a) of that subsection;

• (b) at the end of that paragraph there is inserted

, and (b) identify the order by which the territory in question is designated as a category 2 territory.

• (5) In subsection (9), for the words after “send” there is substituted “ the request and the certificate to the appropriate judge ”.

Time for representations and consideration of case under Part 2

18

• (1) Section 93 (Secretary of State's consideration of case) is amended as follows.

• (2) In subsection (6) (length of permitted period for representations), for “6 weeks” there is substituted “ 4 weeks ”.

• (3) After that subsection there is inserted—

(7) In the case of a person who has consented under section 127 to his extradition, the Secretary of State is not required— (a) to wait until the end of the permitted period before ordering the person's extradition, or (b) to consider any representations received after the order is made.

Applications for discharge or for extension of time limit

19

• (1) Section 99 (time limit for order for extradition or discharge) is amended as follows.

• (2) In subsection (2)—

• (a) for “the High Court” there is substituted “ the appropriate judge ”;

• (b) for “the court” there is substituted “ the judge ”.

• (3) In subsection (4)—

• (a) for “applies to the High Court” there is substituted “ applies to the appropriate judge ”;

• (b) for “the High Court may” there is substituted “ the judge may ”.

Scotland: references to Secretary of State

20

In section 141 (Scotland: references to Secretary of State), in subsection (2), after “Secretary of State” there is inserted “ in paragraph (b) of section 70(2), in paragraph (c) of section 93(4) and ”.

Issue of Part 3 warrant: persons unlawfully at large who may be arrested without domestic warrant

21

• (1) In section 142 (issue of Part 3 warrant), in subsection (1)(b), after “subsection (2)” there is inserted “ , or the condition in subsection (2A), ”.

• (2) For subsection (2) of that section there is substituted—

(2) The condition is that— (a) there are reasonable grounds for believing that the person has committed an extradition offence, and (b) a domestic warrant has been issued in respect of the person. (2A) The condition is that— (a) there are reasonable grounds for believing that the person is unlawfully at large after conviction of an extradition offence by a court in the United Kingdom, and (b) either a domestic warrant has been issued in respect of the person or the person may (if unlawfully at large as mentioned in paragraph (a)) be arrested without a warrant.

Issue of Part 3 warrant: domestic warrant issued at common law by judge in Northern Ireland

22

For subsection (8) of section 142 there is substituted—

(8) A domestic warrant is a warrant for the arrest or apprehension of a person which is issued under any of the provisions referred to in subsection (8A), or at common law by a Crown Court judge in Northern Ireland. (8A) The provisions are— (a) section 72 of the Criminal Justice Act 1967; (b) section 7 of the Bail Act 1976; (c) section 51 of the Judicature (Northern Ireland) Act 1978; (d) section 1 of the Magistrates' Courts Act 1980; (e) Article 20 or 25 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)); (f) the Criminal Procedure (Scotland) Act 1995.

Dealing with person for pre-extradition offences following extradition to UK

23

In section 146(3)(c) (consent of category 1 territory to person being dealt with for other offence), after “given on behalf of the territory” there is inserted “ in response to a request made by the appropriate judge ”.

Extradition requests to territories not applying European framework decision to old cases

24

After section 155 there is inserted—

(155A) (1) This section applies to a category 1 territory that deals with European extradition requests otherwise than in accordance with the system provided for in the European framework decision if they relate to acts committed before a particular date (“the relevant date”). (2) In the case of a territory to which this section applies, the Secretary of State has the same powers to request a person's extradition in relation to acts committed before the relevant date as he would have in the case of a category 2 territory. (3) The Secretary of State may by order provide that, in the case of an extradition request which— (a) is made to a specified category 1 territory to which this section applies, and (b) relates to acts committed before the relevant date, this Part is to have effect as if that territory were a category 2 territory, and with such modifications as may be specified. (4) In this section— - “European extradition request” means a request for extradition made by the United Kingdom or a category 1 territory; - “European framework decision” means the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA); - “specified”, in relation to an order under this section, means specified in the order.

Extradition of serving prisoner

25

After section 197 there is inserted—

(197A) If an order is made under Part 1 or 2 for the extradition of a person who is serving a sentence of imprisonment or another form of detention in the United Kingdom, the order is sufficient authority for the person to be removed from the prison or other institution where he is detained.

Authentication of receivable documents

26

In section 202 (receivable documents), in subsection (4) (persons who may authenticate documents)—

• (a) in paragraph (a), for “other judicial authority” there is substituted “ officer ”;

• (b) after that paragraph there is inserted—

(aa) it purports to be certified, whether by seal or otherwise, by the Ministry or Department of the territory responsible for justice or for foreign affairs;

.

Part 2 — Amendments to other Acts

Powers of High Court in relation to bail decisions by magistrates' court etc

27

• (1) Section 22 of the Criminal Justice Act 1967 (c. 80) (power of High Court to grant, or vary conditions of, bail) is amended as follows.

• (2) After subsection (1) (application to grant bail etc where case stated to High Court) there is inserted—

(1A) Where a magistrates' court withholds bail in extradition proceedings or imposes conditions in granting bail in extradition proceedings, the High Court may grant bail or vary the conditions.

• (3) In subsection (4) (which defines certain terms used in section 22), after “ “bail in criminal proceedings”” there is inserted “ , “extradition proceedings” .

28

In section 1(1A) of the Bail (Amendment) Act 1993 (c. 26) (right of prosecution to appeal to Crown Court against granting of bail in extradition proceedings), for “a judge of the Crown Court” there is substituted “ the High Court ”.

29

• (1) Section 10 of the Justice (Northern Ireland) Act 2004 (c. 4) (prosecution right of appeal against grant of bail by magistrates' court) is amended as follows.

• (2) After subsection (1) there is inserted—

(1A) Where a magistrates' court grants bail to a person in connection with extradition proceedings, the prosecution may appeal to the High Court against the granting of bail.

• (3) In subsection (3), after “subsection (1)” there is inserted “ or (1A) ”.

• (4) In subsection (4)—

• (a) after “subsection (1)” there is inserted “ or (1A) ”;

• (b) for “the magistrates' court” there is substituted “ the court which has granted bail ”.

• (5) In subsections (5) and (6), for “the magistrates' court” there is substituted “ the court which has granted bail ”.

• (6) In subsection (8)—

• (a) after “subsection (1)” there is inserted “ or (1A) ”;

• (b) “magistrates'” is omitted.

• (7) After subsection (11) there is inserted—

(12) In this section— - “extradition proceedings” means proceedings under the Extradition Act 2003; - “magistrates' court” and “court”, in relation to extradition proceedings, mean a resident magistrate designated in accordance with section 67 or section 139 of the Extradition Act 2003; - “prosecution”, in relation to extradition proceedings, means the person acting on behalf of the territory to which extradition is sought.

30

After section 10 of the Justice (Northern Ireland) Act 2004 there is inserted—

(10A) (1) Section 10 applies to the granting of bail by a county court judge in extradition proceedings as it applies to the granting of bail by a magistrates' court in such proceedings; and references in that section to a magistrates' court shall be construed accordingly. (2) In this section “extradition proceedings” has the same meaning as in section 10.

Credit against sentence for periods of remand in custody of persons extradited to UK

31

In section 243 of the Criminal Justice Act 2003 (c. 44) (persons extradited to the United Kingdom), in subsection (1), after “imposed” there is inserted “ or he received that sentence ”.

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments consequential on amendments in Part 1

34

In section 4(2B) of the Bail Act 1976 (c. 63) (no right to bail in certain extradition proceedings), for “to be unlawfully at large after conviction” there is substituted “ to have been convicted ”.

35

In paragraph 81(4) of Schedule 9 to the Constitutional Reform Act 2005 (c. 4) (amendments substituting “Supreme Court” for “House of Lords” in provisions of the Extradition Act 2003)—

• (a) after paragraph (b) there is inserted—

(ba) section 33A (detention pending conclusion of certain appeals under section 32);

;

• (b) after paragraph (i) there is inserted—

(ia) section 115A (detention pending conclusion of certain appeals under section 114);

.

SCHEDULE 14

Prison Act 1952 (c. 52)

1

• (1) Section 52 of the Prison Act 1952 (exercise of power to make orders, rules and regulations) is amended as follows.

• (2) In subsection (1), after “of this Act” there is inserted “ or under Schedule A1 to this Act ”.

• (3) After subsection (2) there is inserted—

(2A) A statutory instrument containing an order under Schedule A1 to this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) In subsection (3), after “of this Act” there is inserted “ or under Schedule A1 to this Act ”.

Criminal Damage Act 1971 (c. 48)

2

In section 10 of the Criminal Damage Act 1971 (interpretation), after subsection (4) there is inserted—

(5) For the purposes of this Act a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.

Superannuation Act 1972 (c. 11)

3

• (1) In Schedule 1 to the Superannuation Act 1972 (employments etc to which section 1 can apply), at the appropriate place in the list of “Offices” there is inserted— “ The office of inspector or assistant inspector of constabulary, where held by a person to whom paragraphs (a) and (b) of section 11(7) of the Police Pensions Act 1976 apply (inspectors etc not eligible for police pensions). ”

• (2) The amendment made by sub-paragraph (1) shall be deemed always to have had effect.

Police Pensions Act 1976 (c. 35)

4

• (1) In section 11 of the Police Pensions Act 1976 (interpretation), after subsection (6) there is inserted—

(7) References in this Act to an inspector or assistant inspector of constabulary, and to service as such, do not have effect in relation to cases in which the person in question— (a) was appointed on or after 1st January 1999, and (b) did not serve as a member of a police force at any time before his appointment took effect.

• (2) The amendment made by sub-paragraph (1) shall be deemed always to have had effect.

Bail Act 1976 (c. 63)

5

In subsection (1) of—

• (a) section 3A of the Bail Act 1976 (conditions of bail in case of police bail), and

• (b) section 5A of that Act (supplementary provisions in cases of police bail),

after “Part IV of the Police and Criminal Evidence Act 1984” there is inserted “ or Part 3 of the Criminal Justice Act 2003 ”.

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

6

In Article 12 of the Criminal Damage (Northern Ireland) Order 1977 (meaning of property, etc), after paragraph (4) there is inserted—

(5) For the purposes of this Order a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer or computer storage medium impairs its physical condition.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

7