Anti-social Behaviour, Crime and Policing Act 2014

(88A) (1) The Secretary of State may make regulations under which the keeper of a vehicle may be required to pay a fixed penalty to a litter authority where there is reason to believe that a littering offence in England has been committed in respect of the vehicle. (2) A littering offence is committed in respect of a vehicle if an offence under section 87(1) occurs as a result of litter being thrown, dropped or otherwise deposited from the vehicle (whether or not by the vehicle's keeper). (3) Regulations under this section must make provision— (a) setting the amount of fixed penalties or specifying how the amount is to be determined; (b) about the period within which fixed penalties must be paid; (c) for payment within that period of a fixed penalty imposed for a littering offence committed in respect of a vehicle to discharge any liability for conviction for the offence (whether on the part of the keeper or anybody else); (d) for a fixed penalty to be payable by the keeper of a vehicle only if a written notice is given to the keeper (“a penalty notice”); (e) about the persons authorised to give penalty notices; (f) about the procedure to be followed in giving penalty notices; (g) about the form and content of penalty notices; (h) conferring rights to make representations about, and to bring appeals against, penalty notices. (4) Provision under subsection (3)(e) may authorise a person to give a penalty notice for a littering offence committed in respect of a vehicle only if— (a) the person is under a duty under section 89(1) in respect of the land where the offence is committed (and that person is a “litter authority” in relation to a fixed penalty payable under the regulations), or (b) the person is an authorised officer of a litter authority, and regulations under this section may include provision about the meaning of “authorised officer”. (5) Regulations under this section may include provision— (a) for the enforcement of penalty notices (and such provision may in particular authorise an unpaid fixed penalty to be recovered summarily as a civil debt or as if payable under an order of a court if the court so orders); (b) about the application of sums paid under penalty notices (and such provision may in particular authorise sums paid to a litter authority to be applied for the purposes of such functions of the authority as the regulations may specify); (c) about the application of the regulations to keepers of vehicles in the public service of the Crown. (6) Regulations under this section may, in consequence of any provision contained in the regulations, amend— (a) this Part, or (b) Part 2 of the London Local Authorities Act 2007. (7) Regulations under this section may— (a) make provision corresponding or similar to any provision made by or under section 88; (b) make provision subject to exceptions; (c) include saving, transitional, transitory, supplementary or consequential provision. (8) Provision of the kind mentioned in subsection (7)(a) may include provision— (a) conferring a discretion on a litter authority, subject to such constraints or limitations as the regulations may specify (whether or not of a corresponding or similar kind to those mentioned in section 97A(2)); (b) creating an offence of the kind mentioned in section 88(8B) and (8C), but may not include provision conferring power on a person to make orders or regulations. (9) In this section— - “keeper”, in relation to a vehicle, means the person by whom the vehicle is kept at the time when the littering offence in question occurs, which in the case of a registered vehicle is to be presumed, unless the contrary is proved, to be the registered keeper; - “litter authority” has the meaning given in subsection (4)(a); - “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered; - “registered vehicle” means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994; - “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

• (3) In section 161 (regulations, orders and directions), after subsection (2ZA) there is inserted—

(2ZB) Subsection (2) does not apply to a statutory instrument containing regulations under section 88A if the regulations— (a) are the first set of regulations to be made under that section, or (b) include provision falling within subsection (3)(a) or (6) of that section. (2ZC) A statutory instrument to which subsection (2) does not apply by virtue of subsection (2ZB) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

PART 12 — Extradition

Amendments of the Extradition Act 2003

Date of extradition hearing

155

In section 8 of the Extradition Act 2003 (date of extradition hearing etc: extradition to category 1 territory) after subsection (4) there is inserted—

(4A) But if proceedings in respect of the extradition are adjourned under section 8A or 8B, the permitted period is extended by the number of days for which the proceedings are so adjourned.

Extradition barred if no prosecution decision in requesting territory

156

• (1) In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph (a) of subsection (1) there is inserted—

(aa) absence of prosecution decision;

.

• (2) After section 12 of that Act there is inserted—

(12A) (1) A person's extradition to a category 1 territory is barred by reason of absence of prosecution decision if (and only if)— (a) it appears to the appropriate judge that there are reasonable grounds for believing that— (i) the competent authorities in the category 1 territory have not made a decision to charge or have not made a decision to try (or have made neither of those decisions), and (ii) the person's absence from the category 1 territory is not the sole reason for that failure, and (b) those representing the category 1 territory do not prove that— (i) the competent authorities in the category 1 territory have made a decision to charge and a decision to try, or (ii) in a case where one of those decisions has not been made (or neither of them has been made), the person's absence from the category 1 territory is the sole reason for that failure. (2) In this section “to charge” and “to try”, in relation to a person and an extradition offence, mean— (a) to charge the person with the offence in the category 1 territory, and (b) to try the person for the offence in the category 1 territory.

• (3) In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.

Proportionality

157

• (1) In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (5), for “21” there is substituted “ 21A ”.

• (2) After section 21 of that Act there is inserted—

(21A) (1) If the judge is required to proceed under this section (by virtue of section 11), the judge must decide both of the following questions in respect of the extradition of the person (“D”)— (a) whether the extradition would be compatible with the Convention rights within the meaning of the Human Rights Act 1998; (b) whether the extradition would be disproportionate. (2) In deciding whether the extradition would be disproportionate, the judge must take into account the specified matters relating to proportionality (so far as the judge thinks it appropriate to do so); but the judge must not take any other matters into account. (3) These are the specified matters relating to proportionality— (a) the seriousness of the conduct alleged to constitute the extradition offence; (b) the likely penalty that would be imposed if D was found guilty of the extradition offence; (c) the possibility of the relevant foreign authorities taking measures that would be less coercive than the extradition of D. (4) The judge must order D's discharge if the judge makes one or both of these decisions— (a) that the extradition would not be compatible with the Convention rights; (b) that the extradition would be disproportionate. (5) The judge must order D to be extradited to the category 1 territory in which the warrant was issued if the judge makes both of these decisions— (a) that the extradition would be compatible with the Convention rights; (b) that the extradition would not be disproportionate. (6) If the judge makes an order under subsection (5) he must remand the person in custody or on bail to wait for extradition to the category 1 territory. (7) If the person is remanded in custody, the appropriate judge may later grant bail. (8) In this section “relevant foreign authorities” means the authorities in the territory to which D would be extradited if the extradition went ahead.

• (3) In section 2 of that Act (Part 1 warrant and certificate), after subsection (7) there is inserted—

(7A) But in the case of a Part 1 warrant containing the statement referred to in subsection (3), the designated authority must not issue a certificate under this section if it is clear to the designated authority that a judge proceeding under section 21A would be required to order the person's discharge on the basis that extradition would be disproportionate. In deciding that question, the designated authority must apply any general guidance issued for the purposes of this subsection. (7B) Any guidance under subsection (7A) may be revised, withdrawn or replaced. (7C) The function of issuing guidance under subsection (7A), or of revising, withdrawing or replacing any such guidance, is exercisable by the Lord Chief Justice of England and Wales with the concurrence of— (a) the Lord Justice General of Scotland, and (b) the Lord Chief Justice of Northern Ireland.

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

• (5) In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.

Hostage-taking considerations

158

• (1) Section 16 of the Extradition Act 2003 (extradition to category 1 territory barred by reason of hostage-taking considerations) is repealed.

• (2) In section 11 of that Act (bars to extradition), paragraph (e) of subsection (1) is omitted.

• (3) In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.

Request for temporary transfer etc

159

Before section 22 of the Extradition Act 2003 there is inserted—

(21B) (1) This section applies if— (a) a Part 1 warrant is issued which contains the statement referred to in section 2(3) (warrant issued for purposes of prosecution for offence in category 1 territory), and (b) at any time before or in the extradition hearing, the appropriate judge is informed that a request under subsection (2) or (3) has been made. (2) A request under this subsection is a request by a judicial authority of the category 1 territory in which the warrant is issued (“the requesting territory”)— (a) that the person in respect of whom the warrant is issued be temporarily transferred to the requesting territory, or (b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant. (3) A request under this subsection is a request by the person in respect of whom the warrant is issued— (a) to be temporarily transferred to the requesting territory, or (b) that arrangements be made to enable the person to speak with representatives of an authority in the requesting territory responsible for investigating, prosecuting or trying the offence specified in the warrant. (4) The judge must order further proceedings in respect of the extradition to be adjourned if the judge thinks it necessary to do so to enable the person (in the case of a request under subsection (2)) or the authority by which the warrant is issued (in the case of a request under subsection (3)) to consider whether to consent to the request. An adjournment under this subsection must not be for more than 7 days. (5) If the person or authority consents to the request, the judge must— (a) make whatever orders and directions seem appropriate for giving effect to the request; (b) order further proceedings in respect of the extradition to be adjourned for however long seems necessary to enable the orders and directions to be carried out. (6) If the request, or consent to the request, is withdrawn before effect (or full effect) has been given to it— (a) no steps (or further steps) may be taken to give effect to the request; (b) the judge may make whatever further orders and directions seem appropriate (including an order superseding one made under subsection (5)(b)). (7) A person may not make a request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already given consent to a request under the corresponding paragraph of subsection (2) in respect of that warrant (even if that consent has been withdrawn). (8) A person may not make a further request under paragraph (a) or (b) of subsection (3) in respect of a warrant if the person has already made a request under that paragraph in respect of that warrant (even if that request has been withdrawn). (9) If— (a) a request under subsection (2) or (3) is made before a date has been fixed on which the extradition hearing is to begin, and (b) the proceedings are adjourned under this section, the permitted period for the purposes of fixing that date (see section 8(4)) is extended by the number of days for which the proceedings are so adjourned.

Appeals

160

• (1) In section 26 of the Extradition Act 2003 (appeal against extradition order: category 1 territory)—

• (a) in subsection (3), for “section may” there is substituted

section— (a) may

;

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

, but (b) lies only with the leave of the High Court.

;

• (c) after subsection (4) there is inserted—

(5) But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

• (2) In section 28 of that Act (appeal against discharge at extradition hearing: category 1 territory)—

• (a) in subsection (4), for “section may” there is substituted

section— (a) may

;

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

, but (b) lies only with the leave of the High Court.

• (3) In section 103 of that Act (appeal where case sent to Secretary of State)—

• (a) in subsection (4), for “section may” there is substituted

section— (a) may

;

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

, but (b) lies only with the leave of the High Court.

;

• (c) after subsection (9) there is inserted—

(10) But where a person gives notice of application for leave to appeal after the end of the permitted period, the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

• (4) In section 105 of that Act (appeal against discharge at extradition hearing: category 2 territory)—

• (a) in subsection (4), for “section may” there is substituted

section— (a) may

;

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

, but (b) lies only with the leave of the High Court.

• (5) In section 108 of that Act (appeal against extradition order: category 2 territory)—

• (a) in subsection (3), for “section may” there is substituted

section— (a) may

;

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

, but (b) lies only with the leave of the High Court.

;

• (c) after subsection (7) there is inserted—

(7A) Where a person gives notice of application for leave to appeal after the end of the permitted period (whether or not the application is for leave to appeal on human rights grounds), the High Court must not for that reason refuse to entertain the application if the person did everything reasonably possible to ensure that the notice was given as soon as it could be given.

• (6) In section 110 of that Act (appeal against discharge by Secretary of State)—

• (a) in subsection (4), for “section may” there is substituted

section— (a) may

;

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

, but (b) lies only with the leave of the High Court.

Judge informed after extradition hearing or order that person is charged with offence or serving sentence in United Kingdom

161

• (1) After section 36A of the Extradition Act 2003 there is inserted—

(36B) (1) This section applies if— (a) an order has been made for the extradition of the person in respect of whom the Part 1 warrant is issued, and (b) before the extradition order is carried out the appropriate judge is informed that the person is charged with an offence in the United Kingdom. (2) The appropriate judge must order the extradition order not to be carried out until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (c) proceedings in respect of the charge are discontinued; (d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore. (3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (4) Rules of court may provide that where there is an appeal against the extradition order — (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications. (36C) (1) This section applies if— (a) an order has been made for the extradition of the person in respect of whom the Part 1 warrant is issued, and (b) before the extradition order is carried out the appropriate judge is informed that the person is serving a sentence of imprisonment or another form of detention in the United Kingdom. (2) The appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (3) Rules of court may provide that where there is an appeal against the extradition order — (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications.

• (2) After section 118B of that Act there is inserted—

(118C) (1) This section applies if— (a) the Secretary of State has made an order for a person's extradition under this Part, and (b) before the extradition order is carried out the appropriate judge is informed that the person is charged with an offence in the United Kingdom. (2) The appropriate judge must order the extradition order not to be carried out until one of these occurs— (a) the charge is disposed of; (b) the charge is withdrawn; (c) proceedings in respect of the charge are discontinued; (d) an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted pro loco et tempore. (3) If a sentence of imprisonment or another form of detention is imposed in respect of the offence charged, the appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (4) Rules of court may provide that where there is an appeal against the extradition order — (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications. (118D) (1) This section applies if— (a) the Secretary of State has made an order for a person's extradition under this Part, and (b) before the extradition order is carried out the appropriate judge is informed that the person is serving a sentence of imprisonment or another form of detention in the United Kingdom. (2) The appropriate judge may order the extradition order not to be carried out until the person is released from detention pursuant to the sentence (whether on licence or otherwise). (3) Rules of court may provide that where there is an appeal against the extradition order— (a) a reference in this section to the appropriate judge has effect, in prescribed circumstances, as if it were a reference to the court hearing the appeal, and (b) this section has effect with any other prescribed modifications.

Asylum etc

162

• (1) In section 39 of the Extradition Act 2003 (asylum claim: extradition to category 1 territory)—

• (a) subsections (1) and (2) are repealed;

• (b) in subsection (3), for “The person” there is substituted

If— (a) an order is made under this Part for a person to be extradited in pursuance of a Part 1 warrant, and (b) the person has made an asylum claim (whether before or after the issue of the warrant), the person

.

• (2) In section 121 of that Act (asylum claim: extradition to category 2 territory)—

• (a) subsections (1) and (2) are repealed;

• (b) in subsection (3), for “The person” there is substituted

If— (a) an order is made under this Part for a person to be extradited in pursuance of a request, and (b) the person has made an asylum claim (whether before or after the making of the request), the person

.

• (3) In section 93 of that Act (Secretary of State's consideration of case)—

• (a) in subsection (4)(c), after “he orders the person's discharge” there is inserted “ under subsection (6A) or ”;

• (b) after subsection (6) there is inserted—

(6A) The Secretary of State may order the person's discharge if the person— (a) has been recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, or (b) 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 the person to the territory to which extradition is requested.

Consent to extradition not to be taken as waiver of speciality rights

163

In the Extradition Act 2003 the following provisions are repealed—

• (a) section 45(3);

• (b) section 128(5).

Definition of “extradition offence”

164

• (1) For sections 64 and 65 of the Extradition Act 2003 there is substituted—

(64) (1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person— (a) is accused in a category 1 territory of an offence constituted by the conduct, or (b) has been convicted in that territory of an offence constituted by the conduct but not sentenced for it. (2) The conduct constitutes an extradition offence in relation to the category 1 territory if the conditions in subsection (3), (4) or (5) are satisfied. (3) The conditions in this subsection are that— (a) the conduct occurs in the category 1 territory; (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom; (c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment. (4) The conditions in this subsection are that— (a) the conduct occurs outside the category 1 territory; (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom; (c) the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment. (5) The conditions in this subsection are that— (a) the conduct occurs in the category 1 territory; (b) no part of the conduct occurs in the United Kingdom; (c) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list; (d) the certificate shows that the conduct is punishable under the law of the category 1 territory with imprisonment or another form of detention for a term of 3 years or a greater punishment. (6) For the purposes of subsections (3)(b) and (4)(b)— (a) if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory; (b) if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory. (65) (1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person— (a) has been convicted in a category 1 territory of an offence constituted by the conduct, and (b) has been sentenced for the offence. (2) The conduct constitutes an extradition offence in relation to the category 1 territory if the conditions in subsection (3), (4) or (5) are satisfied. (3) The conditions in this subsection are that— (a) the conduct occurs in the category 1 territory; (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom if it occurred in that part of the United Kingdom; (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct. (4) The conditions in this subsection are that— (a) the conduct occurs outside the category 1 territory; (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom; (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct. (5) The conditions in this subsection are that— (a) the conduct occurs in the category 1 territory; (b) no part of the conduct occurs in the United Kingdom; (c) a certificate issued by an appropriate authority of the category 1 territory shows that the conduct falls within the European framework list; (d) the certificate shows that a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 1 territory in respect of the conduct. (6) For the purposes of subsections (3)(b) and (4)(b)— (a) if the conduct relates to a tax or duty, it does not matter whether the law of the relevant part of the United Kingdom imposes the same kind of tax or duty or contains rules of the same kind as those of the law of the category 1 territory; (b) if the conduct relates to customs or exchange, it does not matter whether the law of the relevant part of the United Kingdom contains rules of the same kind as those of the law of the category 1 territory.

• (2) In section 66 (supplementary provision for the purposes of sections 64 and 65) after subsection (1) there is inserted—

(1A) References to “conduct” (except in the expression “equivalent conduct”) are to the conduct specified in the Part 1 warrant.

• (3) In section 137 of that Act (definition of extradition offence for the purposes of Part 2 of the Act: person not sentenced for offence) for subsections (1) to (5) there is substituted—

(1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person— (a) is accused in a category 2 territory of an offence constituted by the conduct, or (b) has been convicted in that territory of an offence constituted by the conduct but not sentenced for it. (2) The conduct constitutes an extradition offence in relation to the category 2 territory if the conditions in subsection (3), (4) or (5) are satisfied. (3) The conditions in this subsection are that— (a) the conduct occurs in the category 2 territory; (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom; (c) the conduct is so punishable under the law of the category 2 territory. (4) The conditions in this subsection are that— (a) the conduct occurs outside the category 2 territory; (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment; (c) the conduct is so punishable under the law of the category 2 territory. (5) The conditions in this subsection are that— (a) the conduct occurs outside the category 2 territory; (b) no part of the conduct occurs in the United Kingdom; (c) the conduct constitutes, or if committed in the United Kingdom would constitute, an offence mentioned in subsection (6); (d) the conduct is punishable under the law of the category 2 territory with imprisonment or another form of detention for a term of 12 months or a greater punishment.

• (4) After subsection (7) of that section there is inserted—

(7A) References in this section to “conduct” (except in the expression “equivalent conduct”) are to the conduct specified in the request for the person's extradition

.

• (5) In section 138 of that Act (definition of “extradition offence” for the purposes of Part 2 of the Act: person sentenced for offence) for subsections (1) to (5) there is substituted—

(1) This section sets out whether a person's conduct constitutes an “extradition offence” for the purposes of this Part in a case where the person— (a) has been convicted, in the category 2 territory to which extradition is requested, of an offence constituted by the conduct, and (b) has been sentenced for the offence. (2) The conduct constitutes an extradition offence in relation to the category 2 territory if the conditions in subsection (3), (4) or (5) are satisfied. (3) The conditions in this subsection are that— (a) the conduct occurs in the category 2 territory; (b) the conduct would constitute an offence under the law of the relevant part of the United Kingdom punishable with imprisonment or another form of detention for a term of 12 months or a greater punishment if it occurred in that part of the United Kingdom; (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct. (4) The conditions in this subsection are that— (a) the conduct occurs outside the category 2 territory; (b) in corresponding circumstances equivalent conduct would constitute an extra-territorial offence under the relevant part of the United Kingdom punishable as mentioned in subsection (3)(b); (c) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct. (5) The conditions in this subsection are that— (a) the conduct occurs outside the category 2 territory; (b) no part of the conduct occurs in the United Kingdom; (c) the conduct constitutes, or if committed in the United Kingdom would constitute, an offence mentioned in subsection (6); (d) a sentence of imprisonment or another form of detention for a term of 4 months or a greater punishment has been imposed in the category 2 territory in respect of the conduct.

• (6) After subsection (7) of that section there is inserted—

(7A) References in this section to “conduct” (except in the expression “equivalent conduct”) are to the conduct specified in the request for the person's extradition

.

Extradition to the United Kingdom to be sentenced or to serve a sentence

165

In section 142 of the Extradition Act 2003 (issue of Part 3 warrant), for subsection (2A) there is substituted—

(2A) The condition is that— (a) the person has been convicted of an extradition offence by a court in the United Kingdom, (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, and (c) either a domestic warrant has been issued in respect of the person or the person may be arrested without a warrant.

Detention of extradited person for trial in England and Wales for other offences

166

• (1) In sections 150 and 151A of the Extradition Act 2003 (dealing with extradited person for other offences), at the end of subsection (2) there is inserted—

This is subject to section 151B.

• (2) After section 151A of that Act there is inserted—

(151B) (1) Section 150 or 151A does not prevent a person in whose case that section applies from being detained with a view to trial in England and Wales for an offence if the conditions in subsection (2) are satisfied. (2) The conditions are that— (a) the United Kingdom and the territory from which the person was extradited have each made a declaration under Article 14(3) of the Extradition Convention, and the declarations are still in force; (b) the Secretary of State makes a request for the consent referred to in section 150(3)(c) or 151A(3)(c) in respect of the offence (“the consent request”); (c) the Secretary of State gives notification, which is explicitly acknowledged on behalf of the territory, of the date on which the detention is to begin (“the notified date”). (3) The Extradition Convention is the European Convention on Extradition done at Paris on 13 December 1957. (4) This section applies only to detention during the period beginning with the notified date and ending with whichever of the following occurs first— (a) if a notification of opposition to the detention is given on behalf of the territory, the date on which Secretary of State receives it; (b) the date on which the Secretary of State receives notification given on behalf of the territory as to whether the consent request is granted or refused; (c) the expiry of the period of 90 days beginning with the date on which the consent request is received.

Proceedings on deferred warrant or request etc

167

• (1) In section 180 of the Extradition Act 2003 (proceedings on deferred warrant or request)—

• (a) in subsection (1), at the end of paragraph (b) there is inserted “in the person's favour”;

• (b) after subsection (9) there is inserted—

(10) An extradition claim made in respect of a person is disposed of in the person's favour if— (a) in the case of a Part 1 warrant, the warrant is disposed of as mentioned in subsection (1)(a) or (b) of section 213; (b) in the case of a request for extradition, the request is disposed of as mentioned in subsection (2)(a) or (b) of that section.

• (2) In section 181 of that Act (proceedings where extradition deferred)—

• (a) in subsection (1), at the end of paragraph (b) there is inserted “in the person's favour”;

• (b) after subsection (9) there is inserted—

(10) An extradition claim made in respect of a person is disposed of in the person's favour if— (a) in the case of a Part 1 warrant, the warrant is disposed of as mentioned in subsection (1)(a) or (b) of section 213; (b) in the case of a request for extradition, the request is disposed of as mentioned in subsection (2)(a) or (b) of that section.

Non-UK extradition: transit through the United Kingdom

168

After section 189 of the Extradition Act 2003 there is inserted—

(189A) (1) The relevant UK authority may issue a transit certificate in relation to the non-UK extradition of a person if that authority has been requested to facilitate the transit of the person through the United Kingdom for the purposes of the extradition. (2) If the relevant UK authority issues a transit certificate in relation to the non-UK extradition of a person, an authorised officer may do any or all of the following— (a) escort the person from, or to, any means of transport used for the purposes of the extradition; (b) take the person into custody to facilitate the transit of the person through the United Kingdom for the purposes of the extradition; (c) search the person, and any item in the possession of the person, for any item which the person might use to cause physical injury to that person or any other person; (d) in a case where the person has been taken into custody under paragraph (b), search the person, and any item in the possession of the person, for any item which the person might use to escape from custody. (3) An authorised officer searching a person in the exercise of a power conferred by subsection (2)(c) or (d) may seize any item found if the officer has reasonable grounds for believing that the person searched might use the item— (a) to cause physical injury to that person or any other person; or (b) in a case where the person has been taken into custody, to escape from custody. (4) If no request is made under subsection (1) in relation to the non-UK extradition of a person, or if such a request is made but a transit certificate is not issued, that does not— (a) prevent the transit of the person through the United Kingdom for the purposes of the extradition; or (b) affect the powers which an authorised officer has (otherwise than under this section) in relation to the person while in the United Kingdom. (189B) (1) This section applies in a case where— (a) a person is being extradited, (b) the extradition is a non-UK extradition, and (c) the person makes an unscheduled arrival in the United Kingdom. (2) An authorised officer may do any or all of the following— (a) take the person into custody to facilitate the transit of the person through the United Kingdom for the purposes of the extradition; (b) search the person, and any item in the possession of the person, for any item which the person might use to cause physical injury to that person or any other person; (c) in a case where the person has been taken into custody under paragraph (a), search the person, and any item in the possession of the person, for any item which the person might use to escape from custody. (3) Any power conferred by subsection (2) may be exercised— (a) upon the unscheduled arrival, or (b) at any later time when the person is still in the United Kingdom after the unscheduled arrival. (4) A person taken into custody under this section may be kept in custody until the expiry of the period of 72 hours beginning with the time when the person is taken (or first taken) into custody under this section. (5) But if a transit certificate is issued under section 189A in respect of the non-UK extradition of the person, the person must not be kept in custody under this section after the issue of the certificate. (6) Subsection (5) does not prevent the person from being taken into custody under section 189A. (7) An authorised officer searching a person in the exercise of a power conferred by subsection (2)(b) or (c) may seize any item found if the officer has reasonable grounds for believing that the person searched might use the item— (a) to cause physical injury to that person or any other person; or (b) in a case where the person has been taken into custody, to escape from custody. (189C) (1) The extradition transit powers include power to use reasonable force when necessary. (2) An authorised officer may not, when exercising a relevant search power, require a person to remove any clothing other than an outer coat, jacket, headgear or gloves. (3) Any item seized from a person in the exercise of a relevant search power may be retained while the person is in transit through the United Kingdom. (189D) (1) The Secretary of State must issue a code of practice in connection with— (a) the exercise of extradition transit powers; (b) the retention, use and return of anything seized under a relevant search power. (2) If the Secretary of State proposes to issue a code of practice under this section the Secretary of State must— (a) publish a draft of the code; (b) consider any representations made to the Secretary of State about the draft; (c) if the Secretary of State thinks it appropriate, modify the draft in the light of any such representations. (3) The Secretary of State must lay the code before Parliament. (4) After doing so the Secretary of State may bring the code into operation by order. (5) The Secretary of State may revise the whole or any part of a code issued under this section and issue the code as revised; and subsections (2) to (4) apply to such a revised code as they apply to the original code. (6) A failure by an authorised officer to comply with a provision of a code issued under this section does not of itself make the authorised officer liable to criminal or civil proceedings. (7) A code issued under this section is admissible in evidence in any proceedings and must be taken into account by a court in determining any question to which it appears to the court to be relevant. (8) If the Secretary of State publishes a draft code of practice in connection with a matter specified in subsection (1) before the date on which this section comes into force— (a) the draft is as effective as one published under subsection (2) on or after that date; (b) representations made to the Secretary of State about the draft before that date are as effective as such representations made after that date; (c) modifications made by the Secretary of State to the draft in the light of any such representations before that date are as effective as any such modifications made on or after that date. (189E) (1) An “authorised officer” is— (a) a constable, or (b) a person who is of a description specified by the Secretary of State by order. (2) A National Crime Agency officer, prison officer, or any other person who has the powers of a constable (but is not a constable)— (a) does not have the extradition transit powers by virtue of having the powers of a constable; and (b) accordingly, has the extradition transit powers only if the person is of a description specified under subsection (1)(b). (3) These expressions have the meanings given— - “extradition transit powers” means the powers under— 1. section 189A (except the power to issue transit certificates), and 2. section 189B; - “foreign territory” means a territory outside the United Kingdom; - “non-UK extradition” means extradition from one foreign territory to another foreign territory; - “relevant search power” means a power of search under— 1. section 189A(2)(c) or (d), or 2. section 189B(2)(b) or (c); - “relevant UK authority” means— 1. the National Crime Agency (in the case of a non-UK extradition to a category 1 territory), or 2. the Secretary of State (in any other case). (4) A reference to the transit of a person through the United Kingdom is a reference to the person arriving in, being in, and departing from the United Kingdom (whether or not the person travels within the United Kingdom between arrival and departure). (5) This section applies for the purposes of section 189A to 189D (and this section).

Extradition to a territory that is party to an international Convention

169

For section 193 of the Extradition Act 2003 there is substituted—

(193) (1) The Secretary of State may by order— (a) designate an international Convention to which the United Kingdom is a party, and (b) specify conduct to which the Convention applies. (2) If the Secretary of State believes, in respect of a request for a person's extradition, that— (a) the request is for extradition to a territory that is a party to a Convention designated under subsection (1)(a), (b) the territory is not a category 1 territory or a category 2 territory, and (c) the conduct specified in the request is conduct specified under subsection (1)(b), the Secretary of State may certify that the conditions in paragraphs (a) to (c) are satisfied in relation to the extradition of the person. (3) If the Secretary of State issues a certificate under subsection (2) this Act applies in respect of the person's extradition to the territory as if the territory were a category 2 territory. (4) As applied by subsection (3), this Act has effect as if— (a) sections 71(4), 73(5), 74(11)(b), 84(7), 86(7), 137 and 138 were omitted; (b) the conduct that constituted an extradition offence for the purposes of Part 2 were the conduct specified under subsection (1)(b). (5) A certificate under subsection (3) in relation to a person is conclusive evidence that the conditions in paragraphs (a) to (c) of subsection (2) are satisfied in relation to the person's extradition.

Electronic transmission of European arrest warrant etc

170

In section 204 of the Extradition Act 2003 (warrant issued by category 1 territory: transmission by electronic means), in subsection (5)—

• (a) for “subsection (1), a” there is substituted

subsection (1)— (a) a

;

• (b) at the end there is inserted—

(b) information contained in the warrant is treated as being received by the designated authority in a form in which it is intelligible if the authority receives— (i) a summary of that information in English, and (ii) the text of the warrant itself, in a form in which it is legible.

Time spent in custody awaiting extradition to the United Kingdom

Discount on sentence for time spent in custody awaiting extradition: England and Wales

171

In section 49 of the Prison Act 1952 (persons unlawfully at large), after subsection (3) there is inserted—

(3A) Where— (a) a person is extradited to the United Kingdom from a category 1 territory for the purpose of serving a term of imprisonment or another form of detention mentioned in subsection (2) of this section, and (b) the person was for any time kept in custody in that territory with a view to the extradition (and not also for any other reason), the Secretary of State shall exercise the power under that subsection to direct that account shall be taken of that time in calculating the period for which the person is liable to be detained. (3B) In subsection (3A) of this section “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

Discount on sentence for time spent in custody awaiting extradition: Scotland

172

• (1) Section 210 of the Criminal Procedure (Scotland) Act 1995 (consideration of time spent in custody) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), after “United Kingdom” there is inserted “ otherwise than from a category 1 territory ”;

• (b) in paragraph (c)(ii), for “for the purposes of this section” there is substituted “ who was extradited to the United Kingdom otherwise than from a category 1 territory ”.

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

(1A) Subsection (1B) applies where— (a) a court is passing a sentence of imprisonment or detention on a person for an offence, and (b) the person is an extradited prisoner who was extradited to the United Kingdom from a category 1 territory. (1B) The court shall specify— (a) the period of time spent in custody awaiting extradition, and (b) the date of commencement of the sentence in accordance with subsection (1C). (1C) The date of commencement of the sentence is to be a date the relevant number of days earlier than the date the sentence would have commenced had the person not spent time in custody awaiting extradition. (1D) In subsection (1C), “the relevant number of days” means the number of days in the period specified under subsection (1B)(a).

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

(2A) In this section, “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

• (5) Subsection (3) is repealed.

Discount on sentence for time spent in custody awaiting extradition: Northern Ireland

173

• (1) In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons unlawfully at large), for subsection (3) there is substituted—

(3) The provisions of subsection (2) shall not apply to any period during which any such person— (a) is detained in pursuance of any other sentence of any court in the United Kingdom in a prison or other institution, or (b) is kept in custody in a category 1 territory before, and only for the purpose of, being extradited to the United Kingdom to serve the term of imprisonment or detention referred to in that subsection, but shall apply in addition to any other provisions of this Act imposing any punishment for an escape. (3A) In subsection (3) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

• (2) In section 26 of the Treatment of Offenders Act (Northern Ireland) 1968 (duration of sentence), at the end of subsection (2A) there is inserted

; or (c) any period during which he was in custody in a category 1 territory with a view to his being extradited to the United Kingdom to be tried or sentenced for that offence (and not for any other reason). In paragraph (c) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.

Procedure rules

Criminal Procedure Rules to apply to extradition proceedings etc

174

• (1) In section 68 of the Courts Act 2003 (Criminal Procedure Rules: meaning of “criminal court”), at the end there is inserted—

(c) the High Court in relation to its jurisdiction under the Extradition Act 2003.

• (2) In section 1 of the Civil Procedure Act 1997 (Civil Procedure Rules), in subsection (1)(b), after “the High Court” there is inserted “ except in relation to its jurisdiction under the Extradition Act 2003 ”.

• (3) In section 157 of the Extradition Act 2003 (production orders), after subsection (8) there is inserted—

(9) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.

• (4) In section 160 of that Act (warrants: special procedure material and excluded material), after subsection (9) there is inserted—

(10) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.

PART 13 — Criminal justice and court fees

Compensation for miscarriages of justice

175

• (1) In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages of justice) after subsection (1) there is inserted—

(1ZA) For the purposes of subsection (1), there has been a miscarriage of justice in relation to a person convicted of a criminal offence in England and Wales or, in a case where subsection (6H) applies, Northern Ireland, if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence (and references in the rest of this Part to a miscarriage of justice are to be construed accordingly).

• (2) Subsection (1ZA) of section 133 of the Criminal Justice Act 1988 has effect in relation to—

• (a) any application for compensation made under subsection (2) of that section on or after the day on which this section comes into force, and

• (b) any application for compensation made before that day in relation to which the question whether there is a right to compensation has not been finally determined before that day by the Secretary of State under subsection (3) of that section.

Low-value shoplifting

176

• (1) The Magistrates' Courts Act 1980 is amended as follows.

• (2) In section 2 (trial of summary offences), in subsection (3)(a) for “22” there is substituted “ 22A ”.

• (3) After section 22 there is inserted—

(22A) (1) Low-value shoplifting is triable only summarily. (2) But where a person accused of low-value shoplifting is aged 18 or over, and appears or is brought before the court before the summary trial of the offence begins, the court must give the person the opportunity of electing to be tried by the Crown Court for the offence and, if the person elects to be so tried— (a) subsection (1) does not apply, and (b) the court must send the person to the Crown Court for trial for the offence. (3) “Low-value shoplifting” means an offence under section 1 of the Theft Act 1968 in circumstances where— (a) the value of the stolen goods does not exceed £200, (b) the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried on a trade or business, and (c) at the time of the offence, the person accused of low-value shoplifting was, or was purporting to be, a customer or potential customer of the person offering the goods for sale. (4) For the purposes of subsection (3)(a)— (a) the value of the stolen goods is the price at which they were being offered for sale at the time of the offence, and (b) where the accused is charged on the same occasion with two or more offences of low-value shoplifting, the reference to the value involved has effect as if it were a reference to the aggregate of the values involved. (5) A person guilty of low-value shoplifting is liable on summary conviction to— (a) imprisonment for a period not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(4) and (5) of the Criminal Justice Act 2003), (b) a fine, or (c) both. (6) A person convicted of low-value shoplifting by a magistrates' court may not appeal to the Crown Court against the conviction on the ground that the convicting court was mistaken as to whether the offence was one of low-value shoplifting. (7) For the purposes of this section, any reference to low-value shoplifting includes aiding, abetting, counselling or procuring the commission of low-value shoplifting.

• (4) In section 143 (power to alter sums specified in certain provisions)—

• (a) after subsection (2)(a) there is inserted—

(aza) section 22A(3)(a) above;

;

• (b) the word “or” after paragraph (a) of subsection (3) is omitted;

• (c) after subsection (3)(a) there is inserted—

(aa) in relation to section 22A(3)(a) above, the date of the coming into force of that section; or

.

• (5) The Criminal Attempts Act 1981 is amended as follows—

• (a) in section 1 (attempting to commit an offence) after subsection (4) there is inserted—

(5) This section also applies to low-value shoplifting (which is defined in, and is triable only summarily by virtue of, section 22A of the Magistrates' Courts Act 1980).

;

• (b) in section 4 (trial and penalties) in paragraph (c) of subsection (1), after “either way,” there is inserted “or is low-value shoplifting (which is defined in, and is triable only summarily by virtue of, section 22A of the Magistrates' Courts Act 1980),”.

• (6) Any reference in the Police and Criminal Evidence Act 1984 to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).

• (7) In section 84 of the Armed Forces Act 2006 (definitions), after subsection (2) there is inserted—

(2A) In subsection (2)(a), the reference to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).

• (8) The amendments made by this section have effect in relation to—

• (a) low-value shoplifting (which is defined in section 22A(3) of the 1980 Act) committed on or after the day on which this section comes into force, and

• (b) low-value shoplifting committed before that day in respect of which proceedings have not yet been instituted.

Abolition of defence of marital coercion

177

• (1) The defence of marital coercion is abolished.

• (2) Accordingly, section 47 of the Criminal Justice Act 1925 (coercion of married woman by husband) is repealed.

• (3) This section does not have effect in respect of an offence alleged to have been committed before the date on which it comes into force.

Protection arrangements for persons at risk

178

• (1) The Serious Organised Crime and Police Act 2005 is amended as follows.

• (2) In section 82 (protection of persons involved in investigations or proceedings)—

• (a) in the heading, for “of persons involved in investigations or proceedings” there is substituted “ arrangements for persons at risk ”;

• (b) in subsection (1), for the words from “a person” to “United Kingdom” there is substituted “ any person if he reasonably believes that the person's safety is at risk in view of the criminal conduct or possible criminal conduct of another person ”;

• (c) after subsection (5) there is inserted—

(5A) In subsection (1), “criminal conduct” means conduct which constitutes an offence in England and Wales or Scotland, or would do if it occurred there. (5B) Nothing in this section prevents a protection provider from making arrangements under this section for the protection of a person where non-statutory arrangements have already been made in respect of that person.

;

• (d) subsection (6) is repealed.

• (3) Sections 91 and 92 are repealed.

• (4) In section 93, paragraph (b) of subsection (1) and the word “or” before it are repealed.

• (5) In section 172, paragraph (e) of subsection (5) is repealed.

• (6) Schedule 5 is repealed.

• (7) Nothing in this section affects arrangements made before the commencement of this section for the purpose of protecting a person under section 82(1) of the 2005 Act.

Surcharges: imprisonment in default and remission of fines

179

• (1) In section 82 of the Magistrates' Courts Act 1980 (restriction on power to impose imprisonment for default), after subsection (1) there is inserted—

(1A) Subsection (1)(c) above does not apply in relation to a surcharge ordered to be paid under section 161A of the Criminal Justice Act 2003.

• (2) In section 85 of that Act (power to remit fine), after subsection (3) there is inserted—

(3A) Where— (a) the court remits the whole or part of the fine, and (b) the offender was ordered under section 161A of the Criminal Justice Act 2003 to pay a surcharge the amount of which was set by reference to the amount of the fine, the court shall determine how much the surcharge would have been if the fine had not included the amount remitted, and remit the balance of the surcharge.

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

• (4) Subsections (2) and (3) apply in any case where the fine, or part of it, is remitted on or after the day on which this section comes into force.

Court and tribunal fees

180

• (1) In prescribing a fee under an enactment specified in subsection (2), the Lord Chancellor may with the consent of the Treasury prescribe a fee of an amount which is intended to exceed the cost of anything in respect of which the fee is charged.

• (2) The enactments are—

• (a) section 92 of the Courts Act 2003 (Senior Courts, county courts and magistrates' courts fees);

• (b) section 54 of the Mental Capacity Act 2005 (Court of Protection fees);

• (c) section 58(4)(b) of that Act (Public Guardian fees);

• (d) section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees).

• (3) Before prescribing a fee by virtue of subsection (1) under an enactment specified in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard to—

• (a) the financial position of the courts and tribunals for which the Lord Chancellor is responsible, including in particular any costs incurred by those courts and tribunals that are not being met by current fee income, and

• (b) the competitiveness of the legal services market.

• (4) For the purposes of subsection (3)(a), the courts and tribunals for which the Lord Chancellor is responsible are the courts listed in section 1(1) of the Courts Act 2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and Enforcement Act 2007.

• (5) A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental Capacity Act 2005 must be used to finance the efficient and effective discharge of functions of the Public Guardian.

• (6) A fee prescribed by virtue of subsection (1) under any other enactment specified in subsection (2) must be used to finance an efficient and effective system of courts and tribunals.

• (7) A statutory instrument—

• (a) containing an order or regulations under an enactment specified in subsection (2), and

• (b) setting a fee in excess of the cost of anything in respect of which the fee is charged,

may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.

• (8) But subsection (7) does not apply if the statutory instrument only adjusts a fee to reflect changes in the value of money.

PART 14 — General

Amendments

181

• (1) Schedule 11 (minor and consequential amendments) has effect.

• (2) The Secretary of State may by order make consequential amendments to provisions contained in or made under any Act.

“Consequential amendments” here means amendments that are consequential on any provision of this Act, other than the provisions listed in subsection (4) as they apply in Wales.

• (3) The Secretary of State may by order make amendments to sections 136 and 142 of the Sexual Offences Act 2003 that are consequential on the coming into force of any amendment of Part 2 of that Act made by the Criminal Justice Act (Northern Ireland) 2013.

• (4) The Welsh Ministers may by order make consequential amendments to provisions contained in or made under any Act or any Measure or Act of the National Assembly for Wales.

“Consequential amendments” here means amendments that are consequential on any of the following provisions as they apply in Wales—

• (a) sections 94 to 98 and Schedule 3;

• (b) section 100;

• (c) paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11.

Orders and regulations

182

• (1) A power under this Act to make an order or regulations is exercisable by statutory instrument, but this does not apply to a power of the Scottish Ministers to make an order under section 185.

• (2) A statutory instrument containing—

• (a) an order under section 5(5),

• (b) an order under section 53(4),

• (c) regulations under section 116(5)(b), or

• (d) an order under section 181(2) that amends an Act,

may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.

• (3) A statutory instrument containing an order under section 181(4) that amends an Act or a Measure or Act of the National Assembly for Wales may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

• (4) A statutory instrument containing—

• (a) an order under this Act made by the Secretary of State, other than an order within subsection (2) or an order under section 181(3) or 185, or

• (b) regulations under this Act made by the Secretary of State, other than regulations within subsection (2),

is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) A statutory instrument containing—

• (a) an order under this Act made by the Welsh Ministers, other than an order within subsection (3) or an order under section 185, or

• (b) regulations under this Act made by the Welsh Ministers,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (6) An order or regulations under this Act (other than an order under section 185) may make saving, transitional, transitory, supplementary or consequential provision.

Financial provision

183

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

184

• (1) The following provisions extend to England and Wales only—

• (a) Parts 1 to 6;

• (b) section 106 except subsections (2)(a)(ii) and (6);

• (c) section 114;

• (d) sections 116 to 119;

• (e) sections 120 and 121;

• (f) sections 123 to 130;

• (g) section 133(1), (2) and (4);

• (h) sections 135 to 143;

• (i) sections 144, 145 and 146(1);

• (j) sections 149 and 151;

• (k) section 152 and Schedule 10;

• (l) sections 153 and 154;

• (m) sections 166, 171 and 174;

• (n) section 176 except subsection (7);

• (o) sections 177 and 179.

• (2) The following provisions extend to England and Wales and Scotland (but not Northern Ireland)—

• (a) sections 106(2)(a)(ii) and (6) and 107;

• (b) sections 108 to 110 and 112;

• (c) section 133(3);

• (d) section 178.

• (3) The following provisions extend to England and Wales and Northern Ireland (but not Scotland)—

• (a) section 115 and Schedule 6;

• (b) section 132 and Schedule 7;

• (c) section 175.

• (4) The following provisions extend to England and Wales, Scotland and Northern Ireland—

• (a) section 111;

• (b) section 113 and Schedule 5;

• (c) section 131;

• (d) section 133(5);

• (e) section 146(2);

• (f) section 147 and Schedule 8;

• (g) section 148 and Schedule 9;

• (h) section 150;

• (i) Part 12, except sections 166 and 171 to 174;

• (j) section 180.

• (5) Sections 122 and 172 extend only to Scotland.

• (6) Sections 134 and 173 extend only to Northern Ireland.

• (7) Section 176(7) has the same extent as section 84 of the Armed Forces Act 2006, and the powers conferred by section 384 of that Act (power to extend Act to the Channel Islands and powers to make provisions of that Act apply with modifications in relation to the Channel Islands, British overseas territories and the Isle of Man) are exercisable in relation to the amendment of that Act made by section 176(7) of this Act.

• (8) An amendment, repeal or revocation made by Schedule 11 has the same extent as the relevant part of the Act or instrument amended, repealed or revoked.

• (9) The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to make provisions of that Act apply in relation to British overseas territories, the Channel Islands and the Isle of Man) are exercisable in relation to any amendment of that Act made by this Act.

Commencement

185

• (1) This Act comes into force on whatever day or days the Secretary of State appoints by order.

• (2) Subsection (1) does not apply to—

• (a) sections 150, 175, 180, 181(2) and (4) and 182 to 186, which come into force on the day on which this Act is passed;

• (b) sections 151 and 177, which come into force at the end of the period of 2 months beginning with that day;

• (c) the provisions listed in subsection (3) as they apply in Wales;

• (d) section 149;

• (e) section 122.

• (3) The following provisions, as they apply in Wales, come into force on whatever day or days the Welsh Ministers appoint by order—

• (a) sections 94 to 98 and Schedule 3;

• (b) section 100;

• (c) paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11 (and section 181(1) so far as it relates to those paragraphs).

• (4) Different days may be appointed under subsection (1) or (3) for different purposes or different areas.

• (5) Section 149 comes into force on whatever day the Attorney General appoints by order.

• (6) Section 122 comes into force on whatever day the Scottish Ministers appoint by order.

• (7) The Secretary of State may by order make whatever saving, transitional or transitory provision (in addition to the provision in sections 21, 33, 42, 58 and 93) the Secretary of State thinks appropriate in connection with the coming into force of any provision of this Act, other than the provisions listed in subsection (3) as they apply in Wales.

• (8) The Welsh Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection with the coming into force in Wales of the provisions listed in subsection (3) as they apply in Wales.

• (9) The Scottish Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection with the coming into force of section 122.

• (10) An order under this section bringing into force on a particular day a provision which refers to the Police Negotiating Board for Scotland may, if it appears to the Secretary of State that no body of that name will be in existence on that day, bring the provision into force subject to whatever consequential amendment or transitional provision the Secretary of State thinks appropriate.

Short title

186

This Act may be cited as the Anti-social Behaviour, Crime and Policing Act 2014.

SCHEDULE 1

Introductory

1

• (1) This Schedule applies where—

• (a) a judge has power to remand a person under section 9(5),

• (b) a justice of the peace is required to remand a person under section 9(6), or

• (c) a court has power to remand a person under section 10(8).

• (2) A reference in the following paragraphs of this Schedule to a judge is to be read as including a justice of the peace.

Remand in custody or on bail

2

• (1) The judge or the court may remand the person—

• (a) in custody, or

• (b) on bail.

But a person aged under 18 may not be remanded in custody unless paragraph 6 applies.

• (2) A reference in this Schedule to remanding a person in custody is a reference to committing the person to custody to be brought before the court at the end of the period of remand or at whatever earlier time the court may require.

• (3) The judge or the court may remand the person on bail—

• (a) by taking from the person 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 the person to custody as mentioned in sub-paragraph (2).

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

3

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

• (a) before the 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 a time for the person next to appear is to be treated as a remand.

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

4

• (1) The judge or the court may not remand a person for a period exceeding 8 clear days unless—

• (a) paragraph 5 or 6 applies, or

• (b) the person is remanded on bail and both that person and the person who applied for the injunction consent to a longer period.

• (2) Where the judge or the court has power to remand a person in custody, the person may be committed to the custody of a constable if the remand is for a period not exceeding 3 clear days.

Remand for medical examination and report

5

• (1) This paragraph applies where—

• (a) the judge or the court has reason to think that a medical report will be needed, and

• (b) the judge or the court remands the person in order to enable a medical examination to take place and a report to be made.

• (2) If (in the case of a person aged 18 or over) the person is remanded in custody, the adjournment may not be for more than 3 weeks at a time.

• (3) If the person is remanded on bail, the adjournment may not be for more than 4 weeks at a time.

6

• (1) If the judge or the court—

• (a) is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the person is suffering from mental disorder, and

• (b) is of the opinion that it would be impracticable for a report on the person's mental condition to be made if he or she were remanded on bail,

the judge or the court may remand the person to a hospital or registered establishment specified by the judge or the court for such a report to be made.

• (2) In sub-paragraph (1)—

• “hospital” has the meaning given by section 145(1) of the Mental Health Act 1983;

• “mental disorder” has the meaning given by section 1 of that Act (reading subsection (2B) of that section as if it included a reference to sub-paragraph (1) above);

• “registered establishment” has the meaning given by 34(1) of that Act.

• (3) Subsections (4) to (10) of section 35 of the Mental Health Act 1983 apply for the purposes of sub-paragraph (1) with any necessary modifications (in particular, with references to the accused person being read as references to the person mentioned in that sub-paragraph, and references to the court being read as references to the judge or the court).

Further remand

7

• (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 end of the period of remand, the court may further remand the person in his or her absence.

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

• (4) The enlargement of the person's recognizance is to be treated as 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

8

Where under paragraph 2(3)(b) the court fixes the amount in which the principal and the sureties, if any, are to be bound, the recognizance may afterwards be taken by a person 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

9

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

SCHEDULE 2

PART 1 — Introductory

Power to make supervision order or detention order

1

• (1) A youth court, if satisfied beyond reasonable doubt that a person aged under 18 is in breach of a provision of an injunction under section 1 to which he or she is subject, may make in respect of the person—

• (a) a supervision order (see Part 2 of this Schedule), or

• (b) a detention order (see Part 3 of this Schedule).

• (2) An order under sub-paragraph (1) may be made only on the application of the person who applied for the injunction.

• (3) A person making an application for an order under sub-paragraph (1) must before doing so—

• (a) consult any youth offending team specified under section 3(1) or, if a youth offending team is not specified under that subsection, the local youth offending team within the meaning of section 14;

• (b) inform any other body or individual the applicant thinks appropriate.

• (4) In considering whether and how to exercise its powers under this paragraph, the court must consider any representations made by the youth offending team referred to in sub-paragraph (3)(a).

• (5) A detention order may not be made under sub-paragraph (1) in respect of a person aged under 14.

• (6) The court may not make a detention order under sub-paragraph (1) unless it is satisfied that, in view of the severity or extent of the breach, no other power available to the court is appropriate.

PART 2 — Supervision orders

Supervision orders

2

• (1) A supervision order is an order imposing on the person in respect of whom it is made (“the defaulter”) one or more of the following requirements—

• (a) a supervision requirement (see paragraph 3);

• (b) an activity requirement (see paragraph 4);

• (c) a curfew requirement (see paragraph 5).

• (2) Before making a supervision order the court must obtain and consider information about the defaulter's family circumstances and the likely effect of a supervision order on those circumstances.

• (3) Before making a supervision order imposing two or more requirements, the court must consider their compatibility with each other.

• (4) The court must ensure, as far as practicable, that requirements imposed by a supervision order are such as to avoid—

• (a) any interference with the times, if any, at which the defaulter normally works or attends school or any other educational establishment;

• (b) any conflict with the requirements of any other court order or injunction to which the defaulter may be subject.

• (5) A supervision order must for the purposes of this Schedule specify a maximum period for the operation of any requirement contained in the order.

• (6) The period specified under sub-paragraph (5) may not exceed 6 months (not counting the day on which the order is made).

• (7) A supervision order must for the purposes of this Schedule specify—

• (a) the youth offending team in whose area it appears to the court that the respondent will live during the period specified under sub-paragraph (5), or

• (b) if it appears to the court that the defaulter will live in more than one such area, whichever of the relevant youth offending teams the court decides.

Supervision requirements

3

• (1) In this Schedule “supervision requirement”, in relation to a supervision order, means a requirement that the defaulter attend appointments with—

• (a) the responsible officer (see paragraph 7), or

• (b) another person decided by the responsible officer,

at whatever times and places the responsible officer instructs.

• (2) The appointments must be within the period for the time being specified in the order under paragraph 2(5).

Activity requirements

4

• (1) In this Schedule “activity requirement”, in relation to a supervision order, means a requirement that the defaulter do any or all of the following within the period for the time being specified in the order under paragraph 2(5)—

• (a) participate, on however many days are specified in the order, in activities at a place or places specified in it;

• (b) participate in an activity or activities specified in the order on however many days are specified in it;

• (c) participate in one or more residential exercises for a continuous period or periods comprising however many days are specified in the order;

• (d) in accordance with sub-paragraphs (8) to (10), engage in activities in accordance with instructions of the responsible officer on however many days are specified in the order.

• (2) The aggregate number of days specified in a supervision order in relation to an activity requirement must not be less than 12 or more than 24.

• (3) A requirement referred to in sub-paragraph (1)(a) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—

• (a) to present himself or herself at a place specified in the order to a person of a description specified in it;

• (b) on each day, to comply with instructions given by, or under the authority of, the person in charge of the place.

• (4) A requirement referred to in sub-paragraph (1)(b) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—

• (a) to participate in an activity specified in the order;

• (b) on each day, to comply with instructions given by, or under the authority of, the person in charge of the activity.

• (5) Where the order includes a requirement referred to in sub-paragraph (1)(c) to participate in a residential exercise, it must specify either—

• (a) a place, or

• (b) an activity,

in relation to the exercise.

• (6) A requirement under sub-paragraph (1)(c) to participate in a residential exercise in relation to which a place is specified under sub-paragraph (5) operates to require the defaulter, in accordance with instructions given by the responsible officer—

• (a) to present himself or herself at the beginning of the period specified in the order in relation to the exercise, at the place specified in it, to a person of a description specified in the instructions;

• (b) to live there for that period;

• (c) during that period to comply with instructions given by, or under the authority of, the person in charge of the place.

• (7) A requirement under sub-paragraph (1)(c) to participate in a residential exercise in relation to which an activity is specified under sub-paragraph (5) operates to require the defaulter, in accordance with instructions given by the responsible officer—

• (a) to participate, for the period specified in the order in relation to the exercise, in the activity specified in it;

• (b) during that period to comply with instructions given by, or under the authority of, the person in charge of the activity.

• (8) Subject to sub-paragraph (9), instructions under sub-paragraph (1)(d) relating to any particular day must require the defaulter to do either of the following—

• (a) to present himself or herself to a person of a description specified in the instructions at a place specified in them;

• (b) to participate in an activity specified in the instructions.

The instructions operate to require the defaulter, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or activity.

• (9) If the supervision order so provides, instructions under sub-paragraph (1)(d) may require the defaulter to participate in a residential exercise for a period comprising not more than seven days, and for that purpose—

• (a) to present himself or herself at the beginning of that period to a person of a description specified in the instructions at a place specified in them, and to live there for that period, or

• (b) to participate for that period in an activity specified in the instructions.

• (10) Instructions of the kind mentioned in sub-paragraph (9)—

• (a) may not be given except with the consent of a parent or guardian of the defaulter;

• (b) operate to require the defaulter, during the period specified under that sub-paragraph, to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified under paragraph (a) or (b) of that sub-paragraph.

• (11) Instructions given by, or under the authority of, a person in charge of a place under sub-paragraph (3)(b), (6)(c), (8) or (10)(b) may require the defaulter to engage in activities otherwise than at that place.

• (12) Where a supervision order contains an activity requirement, the court may, on the application of the original applicant or the defaulter, amend the order by substituting for a number of days, place, activity, period or description of persons specified in the order a new number of days, place, activity, period or description (subject, in the case of a number of days, to sub-paragraph (2)).

• (13) A court may include an activity requirement in a supervision order or vary an activity requirement under sub-paragraph (12) only if—

• (a) it has consulted the youth offending team that is to be, or is, specified in the order,

• (b) it is satisfied that it is feasible to secure compliance with the requirement, or the requirement as varied,

• (c) it is satisfied that provision for the defaulter to participate in the activities proposed can be made under the arrangements for persons to participate in those activities which exist in the area of the youth offending team that is to be, or is, specified in the order, and

• (d) in a case where the requirement, or the requirement as varied, would involve the co-operation of a person other than the defaulter and the responsible officer, that person consents to its inclusion or variation.

• (14) In sub-paragraph (10) “guardian” has the same meaning as in the Children and Young Persons Act 1933. But where a local authority has parental responsibility (within the meaning given by section 3 of the Children Act 1989) for a defaulter who—

• (a) is in the authority's care, or

• (b) is provided with accommodation by the authority in the exercise of social services functions (within the meaning given by section 1A of the Local Authority Social Services Act 1970 in relation to a local authority in England or for the purposes of the Social Services and Well-being (Wales) Act 2014 in relation to a local authority in Wales),

the reference to “guardian” in sub-paragraph (10) is to be read as a reference to that authority.

Curfew requirements

5

• (1) In this Schedule “curfew requirement”, in relation to a supervision order, means a requirement that the defaulter remain at a place specified in the order for the periods specified in it.

• (2) A supervision order imposing a curfew requirement may specify different places or different periods for different days.

• (3) The periods specified under sub-paragraph (1)—

• (a) must be within the period for the time being specified in the order under paragraph 2(5);

• (b) may not amount to less than 2 or more than 8 hours in any day.

• (4) Before specifying a place under sub-paragraph (1), the court making the order must obtain and consider information about the place proposed to be specified (including information as to the attitude of persons likely to be affected by the enforced presence there of the defaulter).

• (5) Where a supervision order contains a curfew requirement, the court may, on the application of the original applicant or the defaulter, amend the order by—

• (a) substituting new periods for the periods specified in the order under this paragraph (subject to sub-paragraph (3));

• (b) substituting a new place for the place specified in the order under this paragraph (subject to sub-paragraph (4)).