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Police and Justice Act 2006 (c. 48)(The document as of February, 2008) Page 15 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17
(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 218 (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 limit19 (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 State20 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 warrant21 (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 Ireland22 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 UK23 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 cases24 After section 155 there is inserted-- " 155A Category 1 territories not applying framework decision to old cases(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--
Extradition of serving prisoner25 After section 197 there is inserted-- " 197A Extradition of serving prisonerIf 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 documents26 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 ActsPowers of High Court in relation to bail decisions by magistrates' court etc27 (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--
30 After section 10 of the Justice (Northern Ireland) Act 2004 there is inserted-- " 10A Prosecution right of appeal against grant of bail by county court judge in extradition proceedings(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 UK31 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 In section 101 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention and training orders: term of order, taking account of remands, etc), after subsection (12) there is inserted-- " (12A) Section 243 of the Criminal Justice Act 2003 (persons extradited to the United Kingdom) applies in relation to a person sentenced to a detention and training order as it applies in relation to a fixed-term prisoner, with the reference in subsection (2) of that section to section 240 being read as a reference to subsection (8) above. " 33 (1) Section 47 of the Criminal Justice Act 1991 (c. 53) (persons extradited to the United Kingdom) is amended as follows. (2) In subsection (1), after "imposed" there is inserted "or he received that sentence". (3) After subsection (3) there is inserted-- " (3A) This section applies in relation to a person sentenced to a detention and training order as it applies in relation to a short-term or long-term prisoner, and as it so applies-- (a) the reference in subsection (2) above to section 67 of the 1967 Act shall be read as a reference to section 101(8) of the Powers of Criminal Courts (Sentencing) Act 2000; and (b) the reference in that subsection to a relevant period shall be read as a reference to the period mentioned in the said section 101(8). " Amendments consequential on amendments in Part 134 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); " . Section 52 SCHEDULE 14 Minor and consequential amendmentsPrison 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) After subsection (7) there is inserted-- " (7A) In subsection (4)(a) "housing-related anti-social conduct" has the same meaning as in section 153A of the Housing Act 1996. " 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) After subsection (9) there is inserted-- " (10) In this section "housing-related anti-social conduct" has the same meaning as in section 153A of the Housing Act 1996. " 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 (1) Section 6A of the Housing Act 1988 (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) After subsection (10) there is inserted-- " (10A) In subsection (4)(a) "housing-related anti-social conduct" has the same meaning as in section 153A of the Housing Act 1996. " Local Government and Housing Act 1989 (c. 43)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 Northern Ireland: search warrants for offences under section 1(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. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 -- Back --
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