Police and Justice Act 2006

(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

In Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (control of sex establishments), in paragraph 1(b)(ii), for “section 5 of” there is substituted “ the Schedule to ”.

Aviation Security Act 1982 (c. 36)

8

• (1) Part 3 of the Aviation Security Act 1982 (policing of airports) is amended as follows.

• (2) In the heading to that Part, for “AIRPORTS” there is substituted “ AERODROMES ”.

• (3) Between section 24B (inserted by section 12 above) and section 25 of that Act there is inserted— “ Policing of designated airports ”.

• (4) Subsections (1), (4) and (5) of section 27 of that Act (prevention of theft at designated airports) are omitted.

Police and Criminal Evidence Act 1984 (c. 60)

9

In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), in subsection (7B)—

• (a) for “released under subsection (7)(a)” there is substituted “ dealt with under subsection (7)(a) ”;

• (b) after “he is being released” there is inserted “ , or (as the case may be) detained, ”.

10

• (1) Section 37B of that Act (consultation with the Director of Public Prosecutions) is amended as follows.

• (2) In subsection (1), for “released on bail under section 37(7)(a)” there is substituted “ dealt with under section 37(7)(a) ”.

• (3) In subsection (4), for “shall give written notice” there is substituted “ shall give notice ”.

• (4) After that subsection there is inserted—

(4A) Notice under subsection (4) above shall be in writing, but in the case of a person kept in police detention under section 37(7)(a) above it may be given orally in the first instance and confirmed in writing subsequently.

• (5) In subsection (8), for paragraph (a) there is substituted—

(a) when he is in police detention at a police station (whether because he has returned to answer bail, because he is detained under section 37(7)(a) above or for some other reason), or

.

11

In section 64A of that Act (photographing of suspects etc), in subsection (1B), after paragraph (f) there is inserted

; or (g) given a notice in relation to a relevant fixed penalty offence (within the meaning of Schedule 5A to the 2002 Act) by an accredited inspector by virtue of accreditation specifying that paragraph 1 of Schedule 5A to the 2002 Act applies to him.

Housing Act 1985 (c. 68)

12

• (1) Section 82A of the Housing Act 1985 (demotion because of anti-social behaviour) is amended as follows.

• (2) In subsection (4)(a), for the words from “engage in” to the end there is substituted

engage in— (i) housing-related anti-social conduct, or (ii) conduct to which section 153B of the Housing Act 1996 (use of premises for unlawful purposes) applies, and

.

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

13

• (1) Section 121A of that Act (order suspending right to buy because of anti-social behaviour) is amended as follows.

• (2) In subsections (3)(a) and (7)(a), for the words from “engage in” to the end there is substituted

engage in— (i) housing-related anti-social conduct, or (ii) conduct to which section 153B of the Housing Act 1996 (use of premises for unlawful purposes) applies, and

.

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

Criminal Justice Act 1988 (c. 33)

14

In section 142 of the Criminal Justice Act 1988 (power of justice of the peace to authorise entry and search of premises for offensive weapons), in subsection (3), for “subsection (1)(b)” there is substituted “ subsection (1)(c) ”.

Housing Act 1988 (c. 50)

15

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

Local Government and Housing Act 1989 (c. 42)

16

In section 5 of the Local Government and Housing Act 1989 (designation and reports of monitoring officer), in subsection (1), for “the clerk to the authority” there is substituted “ the chief executive of the authority ”.

Computer Misuse Act 1990 (c. 18)

17

In section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences), for subsection (5) there is substituted—

(5) A person guilty of an offence under this section shall be liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both; (b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; (c) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

18

In the heading to section 4 of that Act (territorial scope of offences under that Act), for “offences under this Act” there is substituted “ offences under sections 1 to 3 ”.

19

• (1) Section 5 of that Act (significant links with domestic jurisdiction) is amended as follows.

• (2) In subsection (2), for paragraph (b) there is substituted—

(b) that any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the home country concerned at that time.

• (3) In subsection (3)—

• (a) in paragraph (a), for “he did the act which caused the unauthorised modification” there is substituted “ he did the unauthorised act (or caused it to be done) ”;

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

(b) that the unauthorised act was done in relation to a computer in the home country concerned.

20

In section 6 of that Act (territorial scope of inchoate offences)—

• (a) in the heading, for “offences under this Act” there is substituted “ offences under sections 1 to 3 ”;

• (b) in subsections (1) and (3), for “offence under this Act” there is substituted “ offence under section 1, 2 or 3 above ”.

21

In section 7 of that Act (territorial scope of inchoate offences related to offences under external law)—

• (a) in the heading, for “offences under this Act” there is substituted “ offences under sections 1 to 3 ”;

• (b) in subsection (4), for “offence under this Act” there is substituted, in each place, “ offence under section 1, 2 or 3 above ”.

22

In section 9 of that Act (British citizenship immaterial), in paragraphs (a) and (d) of subsection (2), for “offence under this Act” there is substituted “ offence under section 1, 2 or 3 above ”.

23

Section 11 of that Act (proceedings for offences under section 1) is repealed.

24

Section 12 of that Act (conviction of an offence under section 1 in proceedings for an offence under section 2 or 3) is repealed.

25

• (1) Section 13 of that Act (proceedings in Scotland) is amended as follows.

• (2) In subsection (1), for paragraph (b) there is substituted—

(b) any computer containing any program or data to which the accused by doing that act secured or intended to secure unauthorised access, or enabled or intended to enable unauthorised access to be secured, was in the sheriffdom at that time.

• (3) In subsection (2)—

• (a) in paragraph (a), for “he did the act which caused the unauthorised modification” there is substituted “ he did the unauthorised act (or caused it to be done) ”;

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

(b) the unauthorised act was done in relation to a computer in the sheriffdom.

• (4) Subsections (3) to (7) are omitted.

• (5) In subsection (8), the words from “commenced” to the end are omitted.

26

Section 14 of that Act (search warrants for offences under section 1) is repealed.

27

• (1) Section 16 of that Act (application to Northern Ireland) is amended as follows.

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

(1A) In section 1(3)(a)— (a) the reference to England and Wales shall be read as a reference to Northern Ireland; and (b) the reference to 12 months shall be read as a reference to six months.

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

(2A) In section 2(5)(a)— (a) the reference to England and Wales shall be read as a reference to Northern Ireland; and (b) the reference to 12 months shall be read as a reference to six months.

• (4) Subsection (3) is omitted.

• (5) Before subsection (4) there is inserted—

(3A) In section 3(6)(a)— (a) the reference to England and Wales shall be read as a reference to Northern Ireland; and (b) the reference to 12 months shall be read as a reference to six months.

• (6) After the subsection inserted by sub-paragraph (5) there is inserted—

(3B) In section 3A(5)(a)— (a) the reference to England and Wales shall be read as a reference to Northern Ireland; and (b) the reference to 12 months shall be read as a reference to six months.

• (7) Subsections (10), (11) and (12) are omitted.

28

After that section there is inserted—

(16A) (1) Where a county court judge is satisfied by information on oath given by a constable that there are reasonable grounds for believing— (a) that an offence under section 1 above has been or is about to be committed in any premises, and (b) that evidence that such an offence has been or is about to be committed is in those premises, he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary. (2) The power conferred by subsection (1) above does not extend to authorising a search for material of the kinds mentioned in Article 11(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (privileged, excluded and special procedure material). (3) A warrant under this section— (a) may authorise persons to accompany any constable executing the warrant; and (b) remains in force for twenty-eight days from the date of its issue. (4) In exercising a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that an offence under section 1 above has been or is about to be committed. (5) In this section “premises” includes land, buildings, movable structures, vehicles, vessels, aircraft and hovercraft. (6) This section extends only to Northern Ireland.

29

• (1) Section 17 of that Act (interpretation) is amended as follows.

• (2) In subsection (2), after “such access” there is inserted “ or to enable such access to be secured ”.

• (3) Subsection (7) is omitted.

• (4) For subsection (8) there is substituted—

(8) An act done in relation to a computer is unauthorised if the person doing the act (or causing it to be done)— (a) is not himself a person who has responsibility for the computer and is entitled to determine whether the act may be done; and (b) does not have consent to the act from any such person. In this subsection “act” includes a series of acts.

Police Act 1996 (c. 16)

30

In section 91 of the Police Act 1996 (offence of causing disaffection amongst members of police forces etc), after subsection (2) there is inserted—

(3) Liability under subsection (1) for any behaviour is in addition to any civil liability for that behaviour.

Employment Rights Act 1996 (c. 18)

31

In section 50 of the Employment Rights Act 1996 (right to time off for public duties), for paragraph (c) of subsection (2) there is substituted—

(c) a police authority established under section 3 of the Police Act 1996 or the Metropolitan Police Authority,

.

Housing Act 1996 (c. 52)

32

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

33

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

Police Act 1997 (c. 50)

34

In section 94 of the Police Act 1997 (authorisations given in absence of authorising officer), for paragraph (a) of subsection (4) (meaning of “designated deputy”) there is substituted—

(a) in the case of an authorising officer within paragraph (a) of section 93(5), means— (i) the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or (ii) the person holding the rank of assistant chief constable designated to act under section 12A(2) of that Act;

.

Audit Commission Act 1998 (c. 18)

35

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

Crime and Disorder Act 1998 (c. 37)

36

In section 38(4) of the Crime and Disorder Act 1998 (meaning of “youth justice services”), in paragraph (ee), for “sections 25 to 27” there is substituted “ sections 25, 26 and 27 ”.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

37

• (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

• (2) In the cross-heading before section 47 (restrictions on reporting directions under Chapter 1 or 2 of Part 2) and in the heading to that section, for “Chapter I or II” there is substituted “ Chapter 1, 1A or 2 ”.

• (3) In section 47, in subsection (2)(a), after “section 19”, in the first place it occurs, there is inserted “ , 33A ”.

Local Government Act 2000 (c. 22)

38

• (1) Section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows.

• (2) At the end of subsection (4) there is inserted “ or section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters) ”.

• (3) In subsection (10), after “Schedule 1” there is inserted “ and to section 20(6) of the Police and Justice Act 2006 ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

39

In section 34 of the Regulation of Investigatory Powers Act 2000 (grant of authorisations in senior officer's absence), for paragraph (a) of subsection (6) (meaning of “designated deputy”) there is substituted—

(a) in relation to the chief constable for a police force in England and Wales, means— (i) the person who is the appropriate deputy chief constable for the purposes of section 12A(1) of the Police Act 1996, or (ii) a person holding the rank of assistant chief constable who is designated to act under section 12A(2) of that Act; (aa) in relation to the chief constable for a police force in Scotland, means— (i) a person holding the rank of deputy chief constable and, where there is more than one person in the police force who holds that rank, who is designated as the officer having the powers and duties conferred on a deputy chief constable by section 5A(1) of the Police (Scotland) Act 1967, or (ii) a person holding the rank of assistant chief constable who is designated to act under section 5A(2) of that Act;

.