Royal arms

Anti-social Behaviour, Crime and Policing Act 2014

2014 CHAPTER 12

An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses; to make provision amending the Dangerous Dogs Act 1991, the Police Act 1997, Schedules 7 and 8 to the Terrorism Act 2000, the Extradition Act 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011; to make provision about firearms, about sexual harm and violence and about forced marriage; to make provision about the police, the Independent Police Complaints Commission and the Serious Fraud Office; to make provision about invalid travel documents; to make provision about criminal justice and court fees; and for connected purposes.

[13th March 2014]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 7Dangerous dogs

106Keeping dogs under proper control

(1)

The Dangerous Dogs Act 1991 is amended as follows.

(2)

In section 3 (keeping dogs under proper control)—

(a)

in subsection (1)—

(i)

for “a public place” there is substituted “ any place in England or Wales (whether or not a public place) ”;

(ii)

after “injures any person” there is inserted “ or assistance dog ”;

(b)

after subsection (1) there is inserted—

“(1A)
A person (“D”) is not guilty of an offence under subsection (1) in a case which is a householder case.
(1B)
For the purposes of subsection (1A) “a householder case” is a case where—
(a)
the dog is dangerously out of control while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both), and
(b)
at that time—
(i)
the person in relation to whom the dog is dangerously out of control (“V”) is in, or is entering, the building or part as a trespasser, or
(ii)
D (if present at that time) believed V to be in, or entering, the building or part as a trespasser.
Section 76(8B) to (8F) of the Criminal Justice and Immigration Act 2008 (use of force at place of residence) apply for the purposes of this subsection as they apply for the purposes of subsection (8A) of that section (and for those purposes the reference in section 76(8D) to subsection (8A)(d) is to be read as if it were a reference to paragraph (b)(ii) of this subsection).”;

(c)

subsection (3) is repealed;

(d)

in subsection (4)—

(i)

the words “or (3)” are omitted;

(ii)

for “either of those subsections” there is substituted “ that subsection ”;

(iii)

in paragraph (b), for “two years” there is substituted “ the relevant maximum specified in subsection (4A) ”;

(e)

after subsection (4) there is inserted—

“(4A)
For the purposes of subsection (4)(b), the relevant maximum is—
(a)
14 years if a person dies as a result of being injured;
(b)
5 years in any other case where a person is injured;
(c)
3 years in any case where an assistance dog is injured (whether or not it dies).”

(3)

In section 4 (destruction and disqualification orders), the words “or (3)” are omitted in both places where they occur in subsection (1).

(4)

In section 4A (contingent destruction orders)—

(a)

in subsection (1)(a) the words “or (3)” are omitted;

(b)

in subsection (4) the words “or (3)” are omitted.

(5)

In section 5 (seizure, entry of premises and evidence)—

(a)

in subsection (1)(c), for “one” there is substituted “ a dog ”;

(b)

after subsection (1) there is inserted—

“(1A)
A constable or an officer of a local authority authorised by it to exercise the powers conferred by this subsection may seize any dog in a place in England or Wales which is not a public place, if the dog appears to the constable or officer to be dangerously out of control.”

(6)

In section 10 (interpretation)—

(a)

in subsection (2), after the definition of “advertisement” there is inserted—

““assistance dog” has the meaning given by section 173(1) of the Equality Act 2010;”;

(b)

in subsection (3)—

(i)

after “injure any person” there is inserted “ or assistance dog ”;

(ii)

after “injuring a person” there is inserted “ or assistance dog ”.

107Whether a dog is a danger to public safety

(1)

The Dangerous Dogs Act 1991 is amended as follows.

(2)

In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

“(6A)
A scheme under subsection (3) or (5) may in particular include provision requiring a court to consider whether a person is a fit and proper person to be in charge of a dog.”

(3)

In section 4 (destruction and disqualification orders) after subsection (1A) there is inserted—

“(1B)
For the purposes of subsection (1A)(a), when deciding whether a dog would constitute a danger to public safety, the court—
(a)
must consider—
(i)
the temperament of the dog and its past behaviour, and
(ii)
whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and
(b)
may consider any other relevant circumstances.”

(4)

Section 4B (destruction orders otherwise than on a conviction) is amended as follows—

(a)

in subsection (1), after “section 5(1) or (2) below” there is inserted “ or in exercise of a power of seizure conferred by any other enactment ”;

(b)

after subsection (2) there is inserted—

“(2A)
For the purposes of subsection (2)(a), when deciding whether a dog would constitute a danger to public safety, the justice or sheriff—
(a)
must consider—
(i)
the temperament of the dog and its past behaviour, and
(ii)
whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and
(b)
may consider any other relevant circumstances.”

PART 8Firearms

108Offence of possessing firearm for supply etc

(1)

The Firearms Act 1968 is amended as set out in subsections (2) to (8).

(2)

In section 5 (which includes, in subsections (1) and (1A), offences of unauthorised possession etc of prohibited weapons and ammunition)—

(a)

in subsection (1) the words “, or manufactures, sells or transfers” are omitted;

(b)

in subsection (1A) the words “or sells or transfers” are omitted.

(3)

After subsection (2) of that section there is inserted—

“(2A)
A person commits an offence if without authority—
(a)
he manufactures any weapon or ammunition specified in subsection (1) of this section,
(b)
he sells or transfers any prohibited weapon or prohibited ammunition,
(c)
he has in his possession for sale or transfer any prohibited weapon or prohibited ammunition, or
(d)
he purchases or acquires for sale or transfer any prohibited weapon or prohibited ammunition.”

(4)

For subsection (3) of that section there is substituted—

“(3)
In this section “authority” means an authority given in writing by—
(a)
the Secretary of State (in or as regards England and Wales), or
(b)
the Scottish Ministers (in or as regards Scotland).”

(5)

In section 5A (exemptions from requirement of authority under section 5)—

(a)

in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) of” are omitted;

(b)

in subsections (1) and (3), for “any prohibited weapon or ammunition” there is substituted “ any weapon, ammunition or missile specified in subsection (1A) of that section ”.

(6)

In section 51A (minimum sentences for certain offences), in subsection (1A), before paragraph (a) there is inserted—

“(za)
section 5(2A) (manufacture, sale or transfer of firearm, or possession etc for sale or transfer);”.

(7)

In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of punishments) the words “or distributing” are omitted in the entries for—

(a)

section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),

(b)

section 5(1)(b),

(c)

section 5(1A)(a), and

(d)

section 5(1A)(b), (c), (d), (e), (f) or (g).

(8)

In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or (g) there is inserted—

“Section 5(2A)
Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunition
On indictment
Imprisonment for life.”

(9)

In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of the 1968 Act to prohibit certain small firearms etc), after subsection (7) there is inserted—

“(7A)
In sections 2 to 7 below any reference to subsection (1)(aba) of section 5 of the 1968 Act shall include a reference to subsection (2A) of that section as it applies in relation to a firearm specified in subsection (1)(aba) of that section.
(7B)
In section 8 below the reference to subsection (1)(aba), (b) or (c) of section 5 of the 1968 Act shall include a reference to subsection (2A) of that section as it applies in relation to any weapon or ammunition specified in subsection (1)(aba), (b) or (c) of that section.”

109Functions of Scottish Ministers under Firearms Acts

(1)

In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

(a)

in subsections (1) and (1A), for the words between “commits an offence if,” and “, he has in his possession” there is substituted “ without authority ”;

(b)

in subsection (4), for the words from the beginning to “the Scottish Ministers” there is substituted “ An authority shall be subject to conditions specified in it, including such as the Secretary of State or the Scottish Ministers (as appropriate) ”;

(c)

in subsection (6), for the words before “revoke an authority” there is substituted “ The Secretary of State or the Scottish Ministers (as appropriate) may at any time, if they think fit, ”.

(2)

In section 5A of that Act (exemptions from requirement of authority under section 5)—

(a)

in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “ or the Scottish Ministers ”;

(b)

in subsection (6), for the words after “without the authority of the Secretary of State” there is substituted “ or the Scottish Ministers (as appropriate) ”.

(3)

In the Firearms (Amendment) Act 1997—

(a)

in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small firearms etc), for “The authority of the Secretary of State or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “ The authority of the Secretary of State or the Scottish Ministers ”;

(b)

in section 7(3), for the words “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”, in the first place where they occur, there is substituted “ or the Scottish Ministers ”.

(4)

In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750)—

(a)

in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and” are omitted;

(b)

in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are omitted.

110Possession of firearms by persons previously convicted of crime

(1)

In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), before subsection (3) there is inserted—

“(2C)
Where—
(a)
a person has been sentenced to imprisonment for a term of three months or more, and
(b)
the sentence is suspended under section 189 of the Criminal Justice Act 2003,
the person shall not have a firearm or ammunition in his possession at any time during the period of five years beginning with the second day after the date on which the sentence is passed.”

(2)

In section 58(2) of that Act (saving for antique firearms), for “Nothing in this Act” there is substituted

“Apart from—
(a)
section 21 and Schedule 3, and
(b)
any other provision of this Act so far as it applies in relation to an offence under section 21,
nothing in this Act”.

(3)

Where—

(a)

a person is in possession of a firearm or ammunition immediately before the day on which subsection (1) comes into force,

(b)

by reason of a sentence imposed before that day, subsection (1) would (but for this subsection) make the person's possession of the firearm or ammunition subject to a prohibition under section 21 of the Firearms Act 1968, and

(c)

the person's possession of the firearm or ammunition immediately before that day is authorised by a certificate within the meaning given in section 57(4) of that Act,

the prohibition does not apply while the certificate remains in force.

111Increased penalty for improper importation of firearms etc

(1)

The Customs and Excise Management Act 1979 is amended as follows.

(2)

In section 50 (penalty for improper importation of goods), in subsection (5A) (firearms and counterfeit currency etc), for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.

(3)

In that section—

(a)

in subsection (4), after “(5A),” there is inserted “ (5AA), ”;

(b)

at the end of paragraph (a) of subsection (5A) there is inserted “or”;

(c)

paragraph (c) of that subsection and the word “or” before it are omitted;

(d)

after that subsection there is inserted—

“(5AA)
In the case of an offence under subsection (2) or (3) above committed in connection with the prohibition contained in section 20 of the Forgery and Counterfeiting Act 1981, subsection (4)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”

(4)

In section 170 (penalty for fraudulent evasion of duty or prohibition, etc), in subsection (4A) (firearms and counterfeit currency etc)—

(a)

in paragraph (a), for “subsection (2) or (3)” there is substituted “ subsection (1) or (2) ”;

(b)

for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.

(5)

In that section—

(a)

in subsection (3), after “(4A),” there is inserted “ (4AA), ”;

(b)

at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c)

paragraph (c) of that subsection and the word “or” before it are omitted;

(d)

after that subsection there is inserted—

“(4AA)
In the case of an offence under subsection (1) or (2) above committed in connection with the prohibitions contained in sections 20 and 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”

(6)

In section 68 (offences in relation to exportation of prohibited or restricted goods), in subsection (4A) (firearms and counterfeit currency etc)—

(a)

in paragraph (a) the words “or (3)” are omitted”;

(b)

(7)

In that section—

(a)

in subsection (3), after “(4A)” there is inserted “ , (4AA) ”;

(b)

at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c)

paragraph (c) of that subsection and the word “or” before it are omitted;

(d)

after that subsection there is inserted—

“(4AA)
In the case of an offence under subsection (2) above committed in connection with the prohibition contained in section 21 of the Forgery and Counterfeiting Act 1981, subsection (3)(b) above shall have effect as if for the words “7 years” there were substituted the words “ 10 years ”.”

112British Transport Police: Crown status under Firearms Act 1968

(1)

In section 54 of the Firearms Act 1968 (application to Crown servants), in subsection (3), at the end of paragraph (d) there is inserted“, or

(e)
a member of the British Transport Police Force, or
(f)
a person employed by the British Transport Police Authority who is under the direction and control of the Chief Constable of the British Transport Police Force.”

(2)

The following are repealed—

(a)

subsections (3A) and (3B) of section 54 of the Firearms Act 1968, and

(b)

paragraph 9 of Schedule 7 to the Anti-terrorism, Crime and Security Act 2001 (which inserted those subsections).

PART 9Protection from sexual harm and violence

Protection from sexual harm

113Sexual harm prevention orders and sexual risk orders, etc

(1)

Schedule 5 (amendments of Parts 2 and 3 of the Sexual Offences Act 2003) has effect.

(2)

In section 142 of the Sexual Offences Act 2003 (extent etc)—

(a)

in subsection (2) (provisions that extend to Northern Ireland, as well as England and Wales), for paragraph (c) there is substituted—

“(c)
sections 80 to 85, 86 to 88, 89 to 91, 92 to 96, 96B to 103, 122F and 130 to 136ZD;
(ca)
Part 2A;”;

(b)

after that subsection there is inserted—

“(2A)
Sections 85A, 96A, 96AA, 110, 117A, 119 and 123 to 129 and Schedule 3A extend only to Northern Ireland.”

(c)

In subsection (3) (provisions that extend to Scotland, as well as England and Wales) for paragraph (a) there is substituted—

“(a)
sections 80 to 85, 86 to 88, 89 to 91, 92, 94 to 96, 97 to 103, 122F, 130 to 132 and 133 to 136ZB;”;

(d)

after that subsection there is inserted—

“(3A)
Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland.
(3B)
Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales.
(3C)
The references to section 96A in subsections (2A) and (3A) are references respectively to—
(a)
the section 96A inserted by the Criminal Justice Act (Northern Ireland) 2013, and
(b)
the section 96A inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006.”

PART 10Forced marriage

122Offence of forced marriage: Scotland

(1)

A person commits an offence under the law of Scotland if he or she—

(a)

uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and

(b)

believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.

(2)

In relation to a victim who is incapable of consenting to marriage by reason of mental disorder, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form coercion).

(3)

A person commits an offence under the law of Scotland if he or she—

(a)

practises any form of deception with the intention of causing another person to leave the United Kingdom, and

(b)

intends the other person to be subjected to conduct outside the United Kingdom that is an offence under subsection (1) or would be an offence under that subsection if the victim were in Scotland.

(4)

“Marriage” means any religious or civil ceremony of marriage (whether or not legally binding).

(5)

“Mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

(6)

It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) is directed at the victim of the offence under that subsection or another person.

(7)

A person commits an offence under subsection (1) or (3) only if, at the time of the conduct or deception—

(a)

the person or the victim or both of them are in Scotland,

(b)

neither the person nor the victim is in Scotland but at least one of them is habitually resident in Scotland, or

(c)

neither the person nor the victim is in the United Kingdom but at least one of them is a UK national.

(8)

“UK national” means an individual who is—

(a)

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)

a person who under the British Nationality Act 1981 is a British subject; or

(c)

a British protected person within the meaning of that Act.

(9)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine or both.

PART 11Policing etc

Review bodies for police remuneration etc

131Abolition of Police Negotiating Board for the United Kingdom

(1)

The Police Negotiating Board for the United Kingdom is abolished.

(2)

Sections 61 and 62 of the Police Act 1996 (the Police Negotiating Board for the United Kingdom, and its functions with respect to regulations) are repealed.

(3)

The Secretary of State may secure the reimbursement of payments made under section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or Department of Justice in Northern Ireland towards expenses incurred by the Police Negotiating Board for the United Kingdom) to the extent that, by reason of the abolition of the Board, the payments are not needed.

133Consultation about regulations: England and Wales

(1)

After section 52 of the Police Act 1996 there is inserted—

“52ARegulations about hours, leave or pay: consultation etc
(1)
This section applies where the Secretary of State is proposing to make regulations under section 50 or 52 on a matter that relates to—
(a)
hours of duty,
(b)
leave,
(c)
pay and allowances, or
(d)
the issue, use and return of police clothing, personal equipment and accoutrements.
(2)
In the case of regulations under section 50 concerning members of police forces of or below the rank of chief superintendent, or regulations under section 52, before making the regulations the Secretary of State shall (subject to subsection (5))—
(a)
refer the matter to the Police Remuneration Review Body under section 64B(1), and
(b)
consider that body's report on the matter.
(3)
In the case of regulations under section 50 concerning members of police forces above the rank of chief superintendent, before making the regulations the Secretary of State shall (subject to subsection (5))—
(a)
consider advice on the matter from the Senior Salaries Review Body, or
(b)
where subsection (4) applies, refer the matter to the Police Remuneration Review Body under section 64B(1) and consider that body's report on the matter.
(4)
This subsection applies where—
(a)
the regulations would affect members of police forces who are not above the rank of chief superintendent as well as those who are, and
(b)
the Secretary of State thinks that it would be preferable for the matter to be considered by the same body.
(5)
The duty to consider advice from the Senior Salaries Review Body or to refer the matter to the Police Remuneration Review Body does not apply if the Secretary of State considers that—
(a)
there is not enough time to do so because the need to make the regulations is so urgent, or
(b)
it is unnecessary to do so by reason of the nature of the proposed regulations.
(6)
In all cases, before making the regulations the Secretary of State shall supply a draft of them to, and consider any representations made by, persons whom the Secretary of State considers to represent the interests of—
(a)
the persons and bodies who between them maintain police forces;
(b)
chief officers of police;
(c)
members of police forces;
(d)
police cadets appointed under section 28.
(7)
The Secretary of State may by order amend this section in consequence of a change in the name or functions of the body for the time being specified in subsection (3)(a).
(8)
A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(2)

In section 63 of that Act (Police Advisory Board for England and Wales, etc), in subsection (3)(a), for “regulations with respect to any of the matters mentioned in section 61(1)” there is substituted “ regulations of a kind referred to in section 52A(1) ”.

(3)

In section 1 of the Police Pensions Act 1976 (police pensions regulations)—

(a)

in subsection (1), for “the Police Negotiating Board for the United Kingdom” there is substituted “ the appropriate advisory or negotiating body ”;

(b)

after that subsection there is inserted—

“(1ZA)
In subsection (1) above, “the appropriate advisory or negotiating body” means—
(a)
as regards England and Wales, the Police Advisory Board for England and Wales;
(b)
as regards Scotland, the Police Negotiating Board for Scotland.
(1ZB)
When carrying out consultation under subsection (1) above as regards England and Wales, the Secretary of State shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.”

(4)

In section 52 of the Police Act 1996 (regulations for police cadets), at the end there is inserted—

“(3)
Before making regulations under this section relating to pensions the Secretary of State shall consult with the Police Advisory Board for England and Wales and shall also invite the views of the Northern Ireland Policing Board and the Police Association for Northern Ireland.”

(5)

In Schedule 3 to the Police and Justice Act 2006 (power to merge police pension schemes), in paragraph 3, for sub-paragraph (3) there is substituted—

“(3)
The Secretary of State shall—
(a)
consult with the Police Advisory Board for England and Wales before exercising the power as regards England and Wales;
(b)
consult with the Police Negotiating Board for Scotland before exercising the power as regards Scotland;
(c)
consult with the Northern Ireland Policing Board and the Police Association for Northern Ireland before exercising the power as regards Northern Ireland.”

Personal samples and DNA profiles

146Retention of personal samples that are or may be disclosable

(1)

In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and samples etc: exclusions from destruction rules)—

(a)

in subsection (5) (material that is or may become disclosable to the defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted “ Sections 63D to 63T ”;

(b)

after that subsection there is inserted—

“(5A)
A sample that—
(a)
falls within subsection (5), and
(b)
but for that subsection would be required to be destroyed under section 63R,
must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.
(5B)
A sample that once fell within subsection (5) but no longer does, and so becomes a sample to which section 63R applies, must be destroyed immediately if the time specified for its destruction under that section has already passed.”

(2)

In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction rules of material that is or may become disclosable to the defence)—

(a)

for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A material” there is substituted “ Paragraphs 20A to 20H do not apply to material ”;

(b)

at the end of that paragraph (which becomes sub-paragraph (1)) there is inserted—

“(2)
A sample that—
(a)
falls within sub-paragraph (1), and
(b)
but for that sub-paragraph would be required to be destroyed under paragraph 20G,
must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.
(3)
A sample that once fell within sub-paragraph (1) but no longer does, and so becomes a sample to which paragraph 20G applies, must be destroyed immediately if the time specified for its destruction under that paragraph has already passed.”

Miscellaneous

147Powers to seize invalid passports etc

Schedule 8 (powers to seize invalid passports etc) has effect.

148Port and border controls

Schedule 9 (amendments of or relating to Schedules 7 and 8 to the Terrorism Act 2000) has effect.

150Jurisdiction of Investigatory Powers Tribunal over Surveillance Commissioners

(1)

Section 91 of the Police Act 1997 (Surveillance Commissioners) is amended as follows.

(2)

In subsection (10), for “sections 104 and 106” there is substituted “ section 104 ”.

(3)

After subsection (10) there is inserted—

“(11)
Subsection (10) is not to be read as affecting the jurisdiction of the Tribunal conferred by section 65 of the Regulation of Investigatory Powers Act 2000 or section 23 of the Regulation of Investigatory Powers (Scotland) Act 2000.”

PART 12Extradition

Amendments of the Extradition Act 2003

155Date of extradition hearing

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.”

156Extradition barred if no prosecution decision in requesting territory

(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—

“12AAbsence of prosecution decision
(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.

157Proportionality

(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—

“21APerson not convicted: human rights and proportionality
(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)

In deciding any question whether section 21A of the Extradition Act 2003 is compatible with European Union law, regard must be had (in particular) to Article 1(3) of the framework decision of the Council of the European Union made on 13 June 2002 on the European arrest warrant and the surrender procedures between member states (2002/584/JHA) (which provides that that decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union).

(5)

158Hostage-taking considerations

(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)

159Request for temporary transfer etc

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

“21BRequest for temporary transfer etc
(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.”

160Appeals

(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.”

161Judge informed after extradition hearing or order that person is charged with offence or serving sentence in United Kingdom

(1)

After section 36A of the Extradition Act 2003 there is inserted—

“36BJudge informed after extradition hearing that person is charged with offence in United Kingdom
(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.
36CJudge informed after extradition hearing that person is serving sentence in United Kingdom
(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—

“118CJudge informed after extradition order that person is charged with offence in United Kingdom
(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.
118DJudge informed after extradition order that person is serving sentence in United Kingdom
(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.”

162Asylum etc

(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.”

163Consent to extradition not to be taken as waiver of speciality rights

In the Extradition Act 2003 the following provisions are repealed—

(a)

section 45(3);

(b)

section 128(5).

164Definition of “extradition offence”

(1)

For sections 64 and 65 of the Extradition Act 2003 there is substituted—

“64Extradition offences: person not sentenced for offence
(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.
65Extradition offences: person sentenced for offence
(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”.

165Extradition to the United Kingdom to be sentenced or to serve a sentence

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.”

167Proceedings on deferred warrant or request etc

(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.”

168Non-UK extradition: transit through the United Kingdom

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

“Non-UK extradition: transit through the United Kingdom
189AFacilitating transit through the United Kingdom
(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.
189BUnscheduled arrival in the United Kingdom
(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.
189CExercise of the extradition transit powers
(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.
189DCodes of practice
(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.
189ESections 189A to 189D: interpretation
(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—
(a)
section 189A (except the power to issue transit certificates), and
(b)
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—
(a)
section 189A(2)(c) or (d), or
(b)
section 189B(2)(b) or (c);
“relevant UK authority” means—
(a)
the National Crime Agency (in the case of a non-UK extradition to a category 1 territory), or
(b)
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).”

169Extradition to a territory that is party to an international Convention

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

“193Parties to international Conventions
(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.”

170Electronic transmission of European arrest warrant etc

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

172Discount on sentence for time spent in custody awaiting extradition: Scotland

(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.

PART 13Criminal justice and court fees

176Low-value shoplifting

(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—

“22ALow-value shoplifting to be a summary offence
(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.

178Protection arrangements for persons at risk

(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.

180Court and tribunal fees

(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 14General

181Amendments

(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.

182Orders and regulations

(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.

183Financial provision

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.

184Extent

(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.

185Commencement

(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.

186Short title

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

SCHEDULES

SCHEDULE 5Amendments of Parts 2 and 3 of the Sexual Offences Act 2003

Section 113

Introduction

1

Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended as set out in paragraphs 2 to 6.

Sexual harm prevention orders

2

After section 103 there is inserted—

“Sexual harm prevention orders (England and Wales)
103ASexual harm prevention orders: applications and grounds
(1)
A court may make an order under this section (a “sexual harm prevention order”) in respect of a person (“the defendant”) where subsection (2) or (3) applies to the defendant.
(2)
This subsection applies to the defendant where—
(a)
the court deals with the defendant in respect of—
(i)
an offence listed in Schedule 3 or 5, or
(ii)
a finding that the defendant is not guilty of an offence listed in Schedule 3 or 5 by reason of insanity, or
(iii)
a finding that the defendant is under a disability and has done the act charged against the defendant in respect of an offence listed in Schedule 3 or 5,
and
(b)
the court is satisfied that it is necessary to make a sexual harm prevention order, for the purpose of—
(i)
protecting the public or any particular members of the public from sexual harm from the defendant, or
(ii)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(3)
This subsection applies to the defendant where—
(a)
an application under subsection (4) has been made in respect of the defendant and it is proved on the application that the defendant is a qualifying offender, and
(b)
the court is satisfied that the defendant's behaviour since the appropriate date makes it necessary to make a sexual harm prevention order, for the purpose of—
(i)
protecting the public or any particular members of the public from sexual harm from the defendant, or
(ii)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(4)
A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for a sexual harm prevention order in respect of a person if it appears to the chief officer or the Director General that—
(a)
the person is a qualifying offender, and
(b)
the person has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(5)
A chief officer of police may make an application under subsection (4) only in respect of a person—
(a)
who resides in the chief officer's police area, or
(b)
who the chief officer believes is in that area or is intending to come to it.
(6)
An application under subsection (4) may be made to any magistrates' court acting for a local justice area that includes—
(a)
any part of a relevant police area, or
(b)
any place where it is alleged that the person acted in a way mentioned in subsection (4)(b).
(7)
The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (4).
(8)
Where the defendant is a child, a reference in this section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 103K(1)).
(9)
In this section “relevant police area” means—
(a)
where the applicant is a chief officer of police, the officer's police area;
(b)
where the applicant is the Director General—
(i)
the police area where the person in question resides, or
(ii)
a police area which the Director General believes the person is in or is intending to come to.
103BSection 103A: supplemental
(1)
In section 103A—
“appropriate date”, in relation to a qualifying offender, means the date or (as the case may be) the first date on which the offender was convicted, found or cautioned as mentioned in subsection (2) or (3) below;
“child” means a person under 18;
“the public” means the public in the United Kingdom;
“sexual harm” from a person means physical or psychological harm caused—
(a)
by the person committing one or more offences listed in Schedule 3, or
(b)
(in the context of harm outside the United Kingdom) by the person doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 3 if done in any part of the United Kingdom;
“qualifying offender” means a person within subsection (2) or (3) below;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.
(2)
A person is within this subsection if, whether before or after the commencement of this Part, the person—
(a)
has been convicted of an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5,
(b)
has been found not guilty of such an offence by reason of insanity,
(c)
has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
(d)
has been cautioned in respect of such an offence.
(3)
A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a)
the person has been convicted of a relevant offence (whether or not the person has been punished for it),
(b)
a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person is not guilty by reason of insanity,
(c)
such a court has made in respect of a relevant offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence, or
(d)
the person has been cautioned in respect of a relevant offence.
(4)
In subsection (3), “relevant offence” means an act which—
(a)
constituted an offence under the law in force in the country concerned, and
(b)
would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.
For this purpose an act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law, however it is described in that law.
(5)
For the purposes of section 103A, acts, behaviour, convictions and findings include those occurring before the commencement of this Part.
(6)
Subject to subsection (7), on an application under section 103A(4) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
(a)
stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,
(b)
showing the grounds for that opinion, and
(c)
requiring the applicant to prove that the condition is met.
(7)
The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6).
(8)
Subsection (9) applies for the purposes of section 103A and this section.
(9)
In construing any reference to an offence listed in Schedule 3, any condition subject to which an offence is so listed that relates—
(a)
to the way in which the defendant is dealt with in respect of an offence so listed or a relevant finding (as defined by section 132(9)), or
(b)
to the age of any person,
is to be disregarded.
103CSHPOs: effect
(1)
A sexual harm prevention order prohibits the defendant from doing anything described in the order.
(2)
Subject to section 103D(1), a prohibition contained in a sexual harm prevention order has effect—
(a)
for a fixed period, specified in the order, of at least 5 years, or
(b)
until further order.
(3)
A sexual harm prevention order—
(a)
may specify that some of its prohibitions have effect until further order and some for a fixed period;
(b)
may specify different periods for different prohibitions.
(4)
The only prohibitions that may be included in a sexual harm prevention order are those necessary for the purpose of—
(a)
protecting the public or any particular members of the public from sexual harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(5)
In subsection (4) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
(6)
Where a court makes a sexual harm prevention order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
103DSHPOs: prohibitions on foreign travel
(1)
A prohibition on foreign travel contained in a sexual harm prevention order must be for a fixed period of not more than 5 years.
(2)
A “prohibition on foreign travel” means—
(a)
a prohibition on travelling to any country outside the United Kingdom named or described in the order,
(b)
a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
(c)
a prohibition on travelling to any country outside the United Kingdom.
(3)
Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 103E.
(4)
A sexual harm prevention order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—
(a)
on or before the date when the prohibition takes effect, or
(b)
within a period specified in the order.
(5)
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual harm prevention order containing a prohibition within subsection (2)(c) (unless the person is subject to an equivalent prohibition under another order).
(6)
Subsection (5) does not apply in relation to—
(a)
a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
(b)
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
(7)
In this section “passport” means—
(a)
a United Kingdom passport within the meaning of the Immigration Act 1971;
(b)
a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c)
a document that can be used (in some or all circumstances) instead of a passport.
103ESHPOs: variations, renewals and discharges
(1)
A person within subsection (2) may apply to the appropriate court for an order varying, renewing or discharging a sexual harm prevention order.
(2)
The persons are—
(a)
the defendant;
(b)
the chief officer of police for the area in which the defendant resides;
(c)
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d)
where the order was made on an application by a chief officer of police under section 103A(4), that officer.
(3)
An application under subsection (1) may be made—
(a)
where the appropriate court is the Crown Court, in accordance with rules of court;
(b)
in any other case, by complaint.
(4)
Subject to subsections (5) and (7), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual harm prevention order, that the court considers appropriate.
(5)
An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of—
(a)
protecting the public or any particular members of the public from sexual harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
Any renewed or varied order may contain only such prohibitions as are necessary for this purpose.
(6)
In subsection (5) “the public”, “sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
(7)
The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—
(a)
where the application is made by a chief officer of police, that chief officer, or
(b)
in any other case, the chief officer of police for the area in which the defendant resides.
(8)
Subsection (7) does not apply to an order containing a prohibition on foreign travel and no other prohibitions.
(9)
In this section “the appropriate court” means—
(a)
where the Crown Court or the Court of Appeal made the sexual harm prevention order, the Crown Court;
(b)
where an adult magistrates' court made the order, that court, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(c)
where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(d)
where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.
103FInterim SHPOs
(1)
This section applies where an application under section 103A(4) (“the main application”) has not been determined.
(2)
An application for an order under this section (“an interim sexual harm prevention order”)—
(a)
may be made by the complaint by which the main application is made, or
(b)
if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3)
The court may, if it considers it just to do so, make an interim sexual harm prevention order, prohibiting the defendant from doing anything described in the order.
(4)
Such an order—
(a)
has effect only for a fixed period, specified in the order;
(b)
ceases to have effect, if it has not already done so, on the determination of the main application.
(5)
The applicant or the defendant may by complaint apply to the court that made the interim sexual harm prevention order for the order to be varied, renewed or discharged.
103GSHPOs and interim SHPOs: notification requirements
(1)
Where—
(a)
a sexual harm prevention order is made in respect of a defendant who was a relevant offender immediately before the making of the order, and
(b)
the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
(2)
Where a sexual harm prevention order is made in respect of a defendant who was not a relevant offender immediately before the making of the order—
(a)
the order causes the defendant to become subject to the notification requirements of this Part from the making of the order until the order (as renewed from time to time) ceases to have effect, and
(b)
this Part applies to the defendant, subject to the modification set out in subsection (3).
(3)
The “relevant date” is the date of service of the order.
(4)
Subsections (1) to (3) apply to an interim sexual harm prevention order as if references to a sexual harm prevention order were references to an interim sexual harm prevention order, and with the omission of “(as renewed from time to time)” in both places.
(5)
Where—
(a)
a sexual harm prevention order is in effect in relation to a relevant sex offender (within the meaning of section 88A), and
(b)
by virtue of section 88F or 88G the relevant sex offender ceases to be subject to the notification requirements of this Part,
the sexual harm prevention order ceases to have effect.
(6)
On an application for a sexual harm prevention order made by a chief officer of police, the court must make a notification order in respect of the defendant (either in addition to or instead of a sexual harm prevention order) if—
(a)
the applicant invites the court to do so, and
(b)
it is proved that the conditions in section 97(2) to (4) are met.
(7)
On an application for an interim sexual harm prevention order made by a chief officer of police, the court may, if it considers it just to do so, make an interim notification order (either in addition to or instead of an interim sexual harm prevention order).
103HSHPOs and interim SHPOs: appeals
(1)
A defendant may appeal against the making of a sexual harm prevention order—
(a)
where the order was made by virtue of section 103A(2)(a)(i), as if the order were a sentence passed on the defendant for the offence;
(b)
where the order was made by virtue of section 103A(2)(a)(ii) or (iii), as if the defendant had been convicted of the offence and the order were a sentence passed on the defendant for that offence;
(c)
where the order was made on an application under section 103A(4), to the Crown Court.
(2)
A defendant may appeal to the Crown Court against the making of an interim sexual harm prevention order.
(3)
A defendant may appeal against the making of an order under section 103E, or the refusal to make such an order—
(a)
where the application for such an order was made to the Crown Court, to the Court of Appeal;
(b)
in any other case, to the Crown Court.
(4)
On an appeal under subsection (1)(c), (2) or (3)(b), the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(5)
Any order made by the Crown Court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 103E(9) or 103F(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).
103IOffence: breach of SHPO or interim SHPO etc
(1)
A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
(a)
a sexual harm prevention order,
(b)
an interim sexual harm prevention order,
(c)
a sexual offences prevention order,
(d)
an interim sexual offences prevention order, or
(e)
a foreign travel order,
commits an offence.
(2)
A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 103D(4).
(3)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(4)
Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
103JSHPOs and interim SHPOs: guidance
(1)
The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency in relation to the exercise by them of their powers with regard to sexual harm prevention orders and interim sexual harm prevention orders.
(2)
The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3)
The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
103KSHPOs and interim SHPOs: supplementary
(1)
Rules of court—
(a)
may provide for a youth court to give permission for an application under section 103A(4) against a person aged 18 or over to be made to the youth court if—
(i)
an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
(ii)
the youth court thinks that it would be in the interests of justice for the applications to be heard together;
(b)
may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 103A, 103E, 103F or 103G(6) or (7) have begun—
(i)
prescribe circumstances in which the proceedings may or must remain in the youth court;
(ii)
make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 103F with modifications).
(2)
A person's age is treated for the purposes of sections 103A to 103J and this section as being that which it appears to the court to be after considering any available evidence.”

Sexual risk orders

4

Before section 123 there is inserted—

“Sexual risk orders (England and Wales)
122ASexual risk orders: applications, grounds and effect
(1)
A chief officer of police or the Director General of the National Crime Agency (“the Director General”) may by complaint to a magistrates' court apply for an order under this section (a “sexual risk order”) in respect of a person (“the defendant”) if it appears to the chief officer or the Director General that the following condition is met.
(2)
The condition is that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which there is reasonable cause to believe that it is necessary for a sexual risk order to be made.
(3)
A chief officer of police may make an application under subsection (1) only in respect of a person—
(a)
who resides in the chief officer's police area, or
(b)
who the chief officer believes is in that area or is intending to come to it.
(4)
An application under subsection (1) may be made to any magistrates' court acting for a local justice area that includes—
(a)
any part of a relevant police area, or
(b)
any place where it is alleged that the person acted in a way mentioned in subsection (2).
(5)
The Director General must as soon as practicable notify the chief officer of police for a relevant police area of any application that the Director has made under subsection (1).
(6)
On an application under subsection (1), the court may make a sexual risk order if it is satisfied that the defendant has, whether before or after the commencement of this Part, done an act of a sexual nature as a result of which it is necessary to make such an order for the purpose of—
(a)
protecting the public or any particular members of the public from harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(7)
Such an order—
(a)
prohibits the defendant from doing anything described in the order;
(b)
has effect for a fixed period (not less than 2 years) specified in the order or until further order.
(8)
A sexual risk order may specify different periods for different prohibitions.
(9)
The only prohibitions that may be imposed are those necessary for the purpose of—
(a)
protecting the public or any particular members of the public from harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(10)
Where a court makes a sexual risk order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
122BSection 122A: interpretation
(1)
In section 122A—
“child” means a person under 18;
“harm” from the defendant means physical or psychological harm caused by the defendant doing an act of a sexual nature;
“the public” means the public in the United Kingdom;
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise.
(2)
Where the defendant is a child, a reference in that section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 122K(1)).
(3)
In that section “relevant police area” means—
(a)
where the applicant is a chief officer of police, the officer's police area;
(b)
where the applicant is the Director General of the National Crime Agency—
(i)
the police area where the person in question resides, or
(ii)
a police area which the Director General believes the person is in or is intending to come to.
122CSexual risk orders: prohibitions on foreign travel
(1)
A prohibition on foreign travel contained in a sexual risk order must not be for a period of more than 5 years.
(2)
A “prohibition on foreign travel” means—
(a)
a prohibition on travelling to any country outside the United Kingdom named or described in the order,
(b)
a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or
(c)
a prohibition on travelling to any country outside the United Kingdom.
(3)
Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 122D.
(4)
A sexual risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order—
(a)
on or before the date when the prohibition takes effect, or
(b)
within a period specified in the order.
(5)
Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order).
(6)
Subsection (5) does not apply in relation to—
(a)
a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;
(b)
a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.
(7)
In this section “passport” means—
(a)
a United Kingdom passport within the meaning of the Immigration Act 1971;
(b)
a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;
(c)
a document that can be used (in some or all circumstances) instead of a passport.
122DSexual risk order: variations, renewals and discharges
(1)
A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a sexual risk order.
(2)
The persons are—
(a)
the defendant;
(b)
the chief officer of police for the area in which the defendant resides;
(c)
a chief officer of police who believes that the defendant is in, or is intending to come to, that officer's police area;
(d)
where the order was made on an application by a chief officer of police, that officer.
(3)
Subject to subsections (4) and (5), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the sexual risk order, that the court considers appropriate.
(4)
An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of—
(a)
protecting the public or any particular members of the public from harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
Any renewed or varied order may contain only such prohibitions as are necessary for this purpose.
(5)
The court must not discharge an order before the end of 2 years beginning with the day on which the order was made, without the consent of the defendant and—
(a)
where the application is made by a chief officer of police, that chief officer, or
(b)
in any other case, the chief officer of police for the area in which the defendant resides.
(6)
Section 122B(1) applies for the purposes of this section.
(7)
In this section “the appropriate court” means—
(a)
where an adult magistrates' court made the sexual risk order, that court, any adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
(b)
where a youth court made the order and the defendant is under the age of 18, that court, a youth court for the area in which the defendant resides or, where the application is made by a chief officer of police, any youth court acting for a local justice area that includes any part of the chief officer's police area;
(c)
where a youth court made the order and the defendant is aged 18 or over, an adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area.
In this subsection “adult magistrates' court” means a magistrates' court that is not a youth court.
122EInterim sexual risk orders
(1)
This section applies where an application for a sexual risk order (“the main application”) has not been determined.
(2)
An application for an order under this section (“an interim sexual risk order”)—
(a)
may be made by the complaint by which the main application is made, or
(b)
if the main application has been made, may be made by the person who has made that application, by complaint to the court to which that application has been made.
(3)
The court may, if it considers it just to do so, make an interim sexual risk order, prohibiting the defendant from doing anything described in the order.
(4)
Such an order—
(a)
has effect only for a fixed period, specified in the order;
(b)
ceases to have effect, if it has not already done so, on the determination of the main application.
(5)
The applicant or the defendant may by complaint apply to the court that made the interim sexual risk order for the order to be varied, renewed or discharged.
122FSexual risk orders and interim sexual risk orders: notification requirements
(1)
A person in respect of whom a court makes—
(a)
a sexual risk order (other than one that replaces an interim sexual risk order), or
(b)
an interim sexual risk order,
must, within the period of 3 days beginning with the date of service of the order, notify to the police the information set out in subsection (2) (unless the person is subject to the notification requirements of this Part on that date).
(2)
The information is—
(a)
the person's name and, where the person uses one or more other names, each of those names;
(b)
the person's home address.
(3)
A person who—
(a)
is subject to a sexual risk order or an interim sexual risk order (but is not subject to the notification requirements of this Part), and
(b)
uses a name which has not been notified under this section (or under any other provision of this Part), or changes home address,
must, within the period of 3 days beginning with the date on which that happens, notify to the police that name or (as the case may be) the new home address.
(4)
Sections 87 (method of notification and related matters) and 91 (offences relating to notification) apply for the purposes of this section—
(a)
with references to section 83(1) being read as references to subsection (1) above,
(b)
with references to section 84(1) being read as references to subsection (3) above, and
(c)
with the omission of section 87(2)(b).
122GSexual risk orders and interim sexual risk orders: appeals
(1)
A defendant may appeal to the Crown Court—
(a)
against the making of a sexual risk order;
(b)
against the making of an interim sexual risk order; or
(c)
against the making of an order under section 122D, or the refusal to make such an order.
(2)
On any such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(3)
Any order made by the Crown Court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section 122D(7) or 122E(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court).
122HOffence: breach of sexual risk order or interim sexual risk order etc
(1)
A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
(a)
a sexual risk order,
(b)
an interim sexual risk order,
(c)
a risk of sexual harm order,
(d)
an interim risk of sexual harm order,
(e)
an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or
(f)
an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),
commits an offence.
(2)
A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed under section 122C(4).
(3)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine or both;
(b)
on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(4)
Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
122IEffect of conviction etc of an offence under section 122H etc
(1)
This section applies to a person (“the defendant”) who—
(a)
is convicted of an offence mentioned in subsection (2);
(b)
is found not guilty of such an offence by reason of insanity;
(c)
is found to be under a disability and to have done the act charged against him in respect of such an offence; or
(d)
is cautioned in respect of such an offence.
(2)
Those offences are—
(a)
an offence under section 122H or 128 of this Act;
(b)
an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of risk of sexual harm order or interim risk of sexual harm order in Scotland).
(3)
Where—
(a)
a defendant was a relevant offender immediately before this section applied to the defendant, and
(b)
the defendant would (apart from this subsection) cease to be subject to the notification requirements of this Part while the relevant order (as renewed from time to time) has effect,
the defendant remains subject to the notification requirements.
(4)
Where the defendant was not a relevant offender immediately before this section applied to the defendant—
(a)
this section causes the defendant to become subject to the notification requirements of this Part from the time the section first applies to the defendant until the relevant order (as renewed from time to time) ceases to have effect, and
(b)
this Part applies to the defendant, subject to the modification set out in subsection (5).
(5)
The “relevant date” is the date on which this section first applies to the defendant.
(6)
In this section “relevant order” means—
(a)
where the conviction, finding or caution within subsection (1) is in respect of a breach of a sexual risk order or a risk of sexual harm order, that order;
(b)
where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim sexual risk order or an interim risk of sexual harm order, any sexual risk order or risk of sexual harm order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.
(7)
In subsection (6) “risk of sexual harm order” and “interim risk of sexual harm order” include orders under sections 2 and 5 (respectively) of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
122JSexual risk orders and interim sexual risk orders: guidance
(1)
The Secretary of State must issue guidance to chief officers of police and to the Director General of the National Crime Agency in relation to the exercise by them of their powers with regard to sexual risk orders and interim sexual risk orders.
(2)
The Secretary of State may, from time to time, revise the guidance issued under subsection (1).
(3)
The Secretary of State must arrange for any guidance issued or revised under this section to be published in such manner as the Secretary of State considers appropriate.
122KSexual risk orders and interim sexual risk orders: supplementary
(1)
Rules of court—
(a)
may provide for a youth court to give permission for an application under section 122A against a person aged 18 or over to be made to the youth court if—
(i)
an application to the youth court has been made, or is to be made, under that section against a person aged under 18, and
(ii)
the youth court thinks that it would be in the interests of justice for the applications to be heard together;
(b)
may, in relation to a person attaining the age of 18 after proceedings against that person by virtue of section 122A, 122D or 122E have begun—
(i)
prescribe circumstances in which the proceedings may or must remain in the youth court;
(ii)
make provision for the transfer of the proceedings from the youth court to a magistrates' court that is not a youth court (including provision applying section 122E with modifications).
(2)
A person's age is treated for the purposes of sections 122A to 122J and this section as being that which it appears to the court to be after considering any available evidence.”

Application etc of orders

6

After section 136 there is inserted—

“136ZAApplication of orders throughout the United Kingdom
(1)
In this section “relevant order” means—
(a)
a sexual harm prevention order;
(b)
an interim sexual harm prevention order;
(c)
a sexual offences prevention order;
(d)
an interim sexual offences prevention order;
(e)
a foreign travel order;
(f)
a sexual risk order;
(g)
an interim sexual risk order;
(h)
a risk of sexual harm order;
(i)
an interim risk of sexual harm order;
(j)
an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland);
(k)
an order under section 5 of that Act (interim risk of sexual harm orders in Scotland).
(2)
For the purposes of sections 103I, 113, 122, 122H and 128, prohibitions imposed by a relevant order made in one part of the United Kingdom apply (unless expressly confined to particular localities) throughout that and every other part of the United Kingdom.
136ZBOrder ceases to have effect when new order made
(1)
Where a court in England and Wales makes an order listed in the first column of the following Table in relation to a person who is already subject to an order listed opposite it in the second column, the earlier order ceases to have effect (whichever part of the United Kingdom it was made in) unless the court orders otherwise.
New order
Earlier order
Sexual harm prevention order
— sexual offences prevention order;
— foreign travel order.
Sexual risk order
— risk of sexual harm order;
— foreign travel order.
(2)
Where a court in Northern Ireland or Scotland makes an order listed in the first column of the following Table in relation to a person who is already subject to an order or prohibition listed opposite it in the second column, the earlier order or prohibition ceases to have effect (even though it was made or imposed by a court in England and Wales) unless the court orders otherwise.
New order
Earlier order or prohibition
Sexual offences prevention order
— sexual harm prevention order not containing a prohibition on foreign travel;
— in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions.
Foreign travel order
— prohibition on foreign travel contained in a sexual harm prevention order.
Risk of sexual harm order
— sexual risk order not containing a prohibition on foreign travel;
— in the case of a sexual risk order containing a prohibition on foreign travel, each of its other prohibitions.
(3)
In this section—
(a)
“court”, in Scotland, includes sheriff;
(b)
“risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.
136ZCVariation of sexual harm prevention order by court in Northern Ireland
(1)
This section applies where a sexual harm prevention order has been made in respect of a person who now—
(a)
is residing in Northern Ireland, or
(b)
is in or is intending to come to Northern Ireland.
(2)
An application may be made to the appropriate court in Northern Ireland—
(a)
by the defendant, or
(b)
by the Chief Constable,
for an order varying the sexual harm prevention order.
(3)
An application under subsection (2) may be made—
(a)
where the appropriate court is the Crown Court, in accordance with rules of court;
(b)
in any other case, by complaint.
(4)
Subject to subsections (5) and (6), on the application the court, after hearing the person making the application and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order varying the sexual harm prevention order that the court considers appropriate.
(5)
An order may be varied so as to impose additional prohibitions on the defendant only if it is necessary to do so for the purpose of—
(a)
protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from sexual harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(6)
An order as varied under this section may contain only such prohibitions as are necessary for the purpose of—
(a)
protecting the public or any particular members of the public from sexual harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.
(7)
The defendant may appeal against the making of an order under this section, or the refusal to make such an order—
(a)
where the application for such an order was made to the Crown Court, to the Court of Appeal in Northern Ireland;
(b)
in any other case, to a county court in Northern Ireland.
(8)
On an appeal under subsection (7)(b), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(9)
In this section—
“the appropriate court” means—
(a)
where the sexual harm prevention order was made by—
(i)
the Crown Court, otherwise than on appeal from a magistrates' court, or
(ii)
the Court of Appeal,
the Crown Court (in Northern Ireland);
(b)
where—
(i)
the sexual harm prevention order was made by a magistrates' court, or by the Crown Court on appeal from a magistrates' court, and
(ii)
the defendant is aged 18 or over,
any court of summary jurisdiction in Northern Ireland;
(c)
where—
(i)
the defendant is aged under 18, and
(ii)
paragraph (a) does not apply,
any youth court in Northern Ireland;
“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“sexual harm”, “child” and “vulnerable adult” each has the meaning given in section 103B(1).
136ZDVariation of sexual risk order by court in Northern Ireland
(1)
This section applies where a sexual risk order has been made in respect of a person who now—
(a)
is residing in Northern Ireland, or
(b)
is in or is intending to come to Northern Ireland.
(2)
An application may be made to the appropriate court in Northern Ireland—
(a)
by the defendant, or
(b)
by the Chief Constable,
for an order varying the sexual risk order.
(3)
Subject to subsections (4) and (5), on the application the court, after hearing the person making the application and the other person mentioned in subsection (2) (if that person wishes to be heard), may make any order varying the sexual risk order that the court considers appropriate.
(4)
An order may be varied so as to impose additional prohibitions on the defendant only if it is necessary to do so for the purpose of—
(a)
protecting the public in Northern Ireland, or any particular members of the public in Northern Ireland, from harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(5)
An order as varied under this section may contain only such prohibitions as are necessary for the purpose of—
(a)
protecting the public or any particular members of the public from harm from the defendant, or
(b)
protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from harm from the defendant outside the United Kingdom.
(6)
The defendant may appeal against the making of an order under this section, or the refusal to make such an order, to a county court in Northern Ireland.
(7)
On an appeal under subsection (6), the county court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(8)
In this section—
“the appropriate court” means—
(a)
where the defendant is aged 18 or over, any court of summary jurisdiction in Northern Ireland;
(b)
where the defendant is aged under 18, any youth court in Northern Ireland;
“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“harm”, “child” and “vulnerable adult” each has the meaning given in section 122B(1).”

New order	Earlier order
Sexual harm prevention order	— sexual offences prevention order; — foreign travel order.
Sexual risk order	— risk of sexual harm order; — foreign travel order.

New order	Earlier order or prohibition
Sexual offences prevention order	— sexual harm prevention order not containing a prohibition on foreign travel; — in the case of a sexual harm prevention order containing a prohibition on foreign travel, each of its other prohibitions.
Foreign travel order	— prohibition on foreign travel contained in a sexual harm prevention order.
Risk of sexual harm order	— sexual risk order not containing a prohibition on foreign travel; — in the case of a sexual risk order containing a prohibition on foreign travel, each of its other prohibitions.

Service courts

7 (1)

Section 137 of the Sexual Offences Act 2003 (service courts) is amended as follows.

(2)

In subsection (2), for “104(1)” there is substituted “ 103A(1) ”.

(3)

For subsection (3) there is substituted—

“(3)
Where the court making a sexual harm prevention order is a service court—
(a)
sections 103A(3) to (9), 103F and 103J do not apply;
(b)
sections 103A(1) and (2), 103B to 103E and 103G to 103I apply—
(i)
subject to paragraphs (c) and (d), and
(ii)
as if they extended to the whole of the United Kingdom;
(c)
in relation to an application under section 103E in respect of a defendant who at the time of the application is a person subject to service law or a civilian subject to service discipline—
(i)
the application may be made only by the defendant or a Provost Martial, and must be made to the Court Martial;
(ii)
consent under section 103E(7) must be the consent of the defendant and a Provost Martial;
(iii)
an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court Martial Appeal Court;
(d)
in relation to an application under section 103E in respect of a defendant who at the time of the application is neither a person subject to service law nor a civilian subject to service discipline—
(i)
the application must be made to the Crown Court in England and Wales;
(ii)
an appeal against the making of an order under section 103E, or the refusal to make such an order, must be made to the Court of Appeal in England and Wales.”

(4)

In subsection (4)—

(a)

for “section “service court” means” there is substituted“section—

“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);
“service court” means”;

(b)

at the end there is inserted—

“ “subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).”

(5)

After subsection (5) there is inserted—

“(6)
Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to a sexual harm prevention order made by the Court Martial Appeal Court, as if the reference to a service court in that subsection included a reference to that court.”

SCHEDULE 8Powers to seize invalid passports etc

Section 147

Interpretation

1 (1)

In this Schedule “examining officer” means—

(a)

a constable,

(b)

a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971, or

(c)

a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009.

(2)

In this Schedule “travel document” means anything that is, or appears to be, a passport or other document which—

(a)

has been issued by or for Her Majesty's Government, or the government of another state, and

(b)

enables or facilitates travel from one state to another.

(3)

For the purposes of this Schedule a travel document is “invalid” if—

(a)

it has been cancelled,

(b)

it has expired,

(c)

it was not issued by the government or authority by which it purports to have been issued, or

(d)

it has undergone an unauthorised alteration.

(4)

In this Schedule “port” means—

(a)

an airport,

(b)

a sea port,

(c)

a hoverport,

(d)

a heliport,

(e)

a railway station where passenger trains depart for, or arrive from, places outside the United Kingdom, or

(f)

any other place at which a person is able, or attempting, to get on or off any craft, vessel or vehicle in connection with entering or leaving Great Britain or Northern Ireland.

Powers of search and seizure etc: ports

2 (1)

An examining officer may exercise any of the powers under this paragraph in the case of a person at a port whom the officer believes to be there in connection with—

(a)

entering or leaving Great Britain or Northern Ireland, or

(b)

travelling by air within Great Britain or within Northern Ireland.

(2)

The powers are—

(a)

to require the person to hand over all travel documents in his or her possession for inspection by the examining officer;

(b)

to search for travel documents and to take possession of any that the officer finds;

(c)

to inspect any travel document taken from the person and to retain it while its validity is checked;

(d)

(subject to paragraph 4) to retain any travel document taken from the person that the examining officer believes to be invalid.

(3)

The power under sub-paragraph (2)(b) is a power to search—

(a)

the person;

(b)

anything that the person has with him or her;

(c)

any vehicle in which the examining officer believes the person to have been travelling or to be about to travel.

(4)

An examining officer—

(a)

may stop a person or vehicle for the purposes of exercising a power under this paragraph;

(b)

may if necessary use reasonable force for the purpose of exercising a power under this paragraph;

(c)

may authorise a person to carry out on the officer's behalf a search under this paragraph.

Powers of search and seizure etc: constables

3 (1)

A constable may exercise any of the powers under this paragraph, at a place that is not a port, in the case of a person whom the constable reasonably believes to be in possession of a passport to which this paragraph applies.

(2)

This paragraph applies to a passport if—

(a)

the passport was issued by or for Her Majesty's Government,

(b)

the Secretary of State has cancelled the passport on the basis that the person to whom it was issued has or may have been, or will or may become, involved in activities so undesirable that it is contrary to the public interest for the person to have access to passport facilities, and

(c)

the passport is specified in an authorisation issued by the Secretary of State for the use of the powers under this paragraph.

(3)

The powers are—

(a)

to require the person to hand over all travel documents in his or her possession for inspection by the constable;

(b)

to search for travel documents and to take possession of any that the constable finds;

(c)

to inspect any travel document taken from the person and to retain it while its validity is checked;

(d)

(subject to paragraph 4) to retain any travel document taken from the person that the constable believes to be invalid.

(4)

The power under sub-paragraph (3)(b) is a power to search—

(a)

the person;

(b)

anything that the person has with him or her;

(c)

any vehicle in which the constable believes the person to have been travelling or to be about to travel;

(d)

any premises on which the constable is lawfully present.

(5)

A constable—

(a)

may if necessary use reasonable force for the purpose of exercising a power under this paragraph;

(b)

may authorise a person to carry out on the constable's behalf a search under this paragraph.

Retention or return of documents seized

4 (1)

If a travel document is retained under paragraph 2(2)(c) or 3(3)(c) while its validity is checked, the checking must be carried out as soon as possible.

(2)

If it is established that a travel document taken from a person under paragraph 2 or 3—

(a)

is valid, or

(b)

is invalid only because it has expired,

it must be returned to the person straight away.

(3)

A travel document taken from a person under paragraph 2 or 3 must be returned to the person before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry.

(4)

A requirement under sub-paragraph (2)(b) or (3) to return an expired travel document does not apply where the officer concerned reasonably believes that the person from whom he or she took the document, or some other person, intends to use it for purposes for which it is no longer valid.

(5)

A requirement under sub-paragraph (2) or (3) to return a travel document has effect subject to any provision not in this Schedule under which the document may be lawfully retained.

Offences

5 (1)

A person who is required under paragraph 2(2)(a) or 3(3)(a) to hand over all travel documents in the person's possession commits an offence if he or she fails without reasonable excuse to do so.

(2)

A person who intentionally obstructs, or seeks to frustrate, a search under paragraph 2 or 3 commits an offence.

(3)

A person guilty of an offence under this paragraph is liable on summary conviction—

(a)

to imprisonment for a term not exceeding 6 months, or

(b)

to a fine, which in Scotland or Northern Ireland may not exceed £5,000,

or to both.

6

An examining officer, other than a constable, exercising a power under paragraph 2 has the same powers of arrest without warrant as a constable in relation to an offence under—

(a)

paragraph 5, or

(b)

section 4 or 6 of the Identity Documents Act 2010.

SCHEDULE 9Port and border controls

Section 148

Examining officers

1 (1)

Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2)

In paragraph 1(1)(b), after “officer” there is inserted “ who is designated for the purpose of this Schedule by the Secretary of State ”.

(3)

After paragraph 1 there is inserted—

“Examining officers etc
1A
(1)
The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about—
(a)
training to be undertaken by constables, immigration officers and customs officers who are to act as examining officers or exercise other functions under this Schedule, and
(b)
the procedure for making designations under paragraph 1(1)(b) and (c).
(2)
In particular, the code must make provision for consultation with the relevant chief officer of police before designations are made under paragraph 1(1)(b) or (c).
(3)
“Relevant chief officer of police” means—
(a)
in England and Wales, the chief officer of police for the police area in which the persons designated would act as examining officers,
(b)
in Scotland, the Chief Constable of the Police Service of Scotland, and
(c)
in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.”

Time limits on examination without detention and on detention

2 (1)

Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2)

Paragraph 6(4) is repealed.

(3)

After paragraph 6 there is inserted—

“6A
(1)
This paragraph applies where a person is questioned under paragraph 2 or 3.
(2)
After the end of the 1 hour period, the person may not be questioned under either of those paragraphs unless the person is detained under paragraph 6.
(3)
If the person is detained under paragraph 6 the person must be released not later than the end of the 6 hour period (unless detained under another power).
(4)
In this paragraph—
“the 1 hour period” is the period of 1 hour beginning with the time the person is first questioned under paragraph 2 or 3;
“the 6 hour period” is the period of 6 hours beginning with that time.”

Powers to search persons

3

In paragraph 8 of Schedule 7 to the Terrorism Act 2000, after sub-paragraph (3) there is inserted—

“(4)
An intimate search of a person may not be carried out under this paragraph.
(5)
A strip search of a person may not be carried out under this paragraph unless—
(a)
the person is detained under paragraph 6,
(b)
the examining officer has reasonable grounds to suspect that the person is concealing something which may be evidence that the person falls within section 40(1)(b), and
(c)
the search is authorised by a senior officer who has not been directly involved in questioning the person.
(6)
“Senior officer” means—
(a)
where the examining officer is a constable, a constable of a higher rank than the examining officer,
(b)
where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and
(c)
where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.
(7)
In this paragraph—
“intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;
“strip search” means a search which is not an intimate search but involves the removal of an article of clothing which—
(a)
is being worn wholly or partly on the trunk, and
(b)
is being so worn either next to the skin or next to an article of underwear.”

Power to make and retain copies

4

In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is inserted—

“Power to make and retain copies
11A
(1)
This paragraph applies where the examining officer is a constable.
(2)
The examining officer may copy anything which—
(a)
is given to the examining officer in accordance with paragraph 5,
(b)
is searched or found on a search under paragraph 8, or
(c)
is examined under paragraph 9.
(3)
The copy may be retained—
(a)
for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b),
(b)
while the examining officer believes that it may be needed for use as evidence in criminal proceedings, or
(c)
while the examining officer believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.”

Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

5 (1)

Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2)

In paragraph 1(5) (definition of examining officer) for “paragraph” there is substituted “ Schedule ”.

(3)

In paragraph 2(2)(d), the words “(within the meaning of that Schedule)” are omitted.

(4)

In paragraph 6, for “police station”, in each place, there is substituted “ place ”.

(5)

In paragraph 7(1) the words “at a police station” are omitted.

(6)

After paragraph 7 there is inserted—

“7A
(1)
This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.
(2)
The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).
(3)
Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.
(4)
The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).
(5)
The detained person is entitled to consult a solicitor in person.
(6)
Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.
(7)
In that case the examining officer may require any consultation to take place in another way.
(8)
In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.”

(7)

In paragraph 8(1), for “an officer” there is substituted “ a police officer ”.

(8)

In paragraph 9(2)(a) and (b)—

(a)

the words “at a police station” are omitted;

(b)

for “an officer” there is substituted “ a police officer ”.

(9)

In paragraph 16—

(a)

in sub-paragraphs (1) and (3), in each place, for “police station” there is substituted “ place ”;

(b)

in sub-paragraph (6), after “detained” there is inserted “ as mentioned in sub-paragraph (1) ”.

(10)

After paragraph 16 there is inserted—

“16A
(1)
This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.
(2)
The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).
(3)
Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.
(4)
The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).
(5)
The detained person is entitled to consult a solicitor in person.
(6)
Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.
(7)
In that case the examining officer may require any consultation to take place in another way.
(8)
In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.”

(11)

In paragraph 17(1)—

(a)

for “An officer” there is substituted “ A police officer ”;

(b)

after “uniformed” there is inserted “ police ”.

(12)

In paragraph 18—

(a)

in sub-paragraph (1), for “and” there is substituted “ to ”;

(b)

in sub-paragraph (2), for “police station” there is substituted “ place ”;

(c)

after sub-paragraph (2) there is inserted—

“(3)
In relation to a person detained under Schedule 7 at a place other than a police station—
(a)
sub-paragraph (2), and
(b)
section 15(4) of the Criminal Procedure (Scotland) Act 1995 as applied by that sub-paragraph,
apply as if references to a constable included an examining officer.”

Biometrics

6 (1)

Paragraph 10 of Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2)

In sub-paragraph (5), for “the detained person only” there is substituted “ a person detained under section 41, but only ”.

(3)

In sub-paragraph (6)(b), after “in any case” there is inserted “ in which an authorisation under that sub-paragraph may be given ”.

Review of detention under Schedule 7

7 (1)

The Terrorism Act 2000 is amended as follows.

(2)

In paragraph 6(3) of Schedule 7 (provisions of Schedule 8 applying to detention under Schedule 7)—

(a)

for “Part I” there is substituted “ Parts 1 and 1A ”;

(b)

after “treatment” there is inserted “ and review of detention ”.

(3)

In Schedule 8, after Part 1 there is inserted—

“PART 1AReview of detention under Schedule 7
General requirements
20K
(1)
A person's detention under Schedule 7 must be periodically reviewed by a review officer.
(2)
The first review must be carried out before the end of the period of one hour beginning with the person's detention under that Schedule.
(3)
Subsequent reviews must be carried out at intervals of not more than two hours.
(4)
The review officer may authorise a person's continued detention under Schedule 7 only if satisfied that it is necessary for the purposes of exercising a power under paragraph 2 or 3 of that Schedule.
(5)
If on a review under this paragraph the review officer does not authorise a person's continued detention, the person must be released (unless detained under another power).
(6)
In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detained person under paragraph 2 or 3 of Schedule 7.
(7)
“Senior officer” means—
(a)
where the examining officer is a constable, a constable of a higher rank than the examining officer,
(b)
where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and
(c)
where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.
(8)
The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about reviews under this Part of this Schedule.
(9)
The code of practice must include provision about training to be undertaken by persons who are to act as review officers.
Representations
20L
(1)
Before determining whether to authorise a person's continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention—
(a)
the detained person, or
(b)
a solicitor representing the detained person who is available at the time of the review.
(2)
Representations may be oral or written.
(3)
A review officer may refuse to hear oral representations from the detained person if the officer considers that the detained person is unfit to make representations because of the detained person's condition or behaviour.
Rights
20M
(1)
Where a review officer authorises continued detention the officer must inform the detained person—
(a)
of any of the detained person's rights under paragraphs 6 and 7 which have not yet been exercised, and
(b)
if the exercise of any of those rights is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being delayed.
(2)
Where a review of a person's detention is being carried out at a time when the person's exercise of a right under paragraph 6 or 7 is being delayed—
(a)
the review officer must consider whether the reason or reasons for which the delay was authorised continue to subsist, and
(b)
if in the review officer's opinion the reason or reasons have ceased to subsist, the review officer must inform the officer who authorised the delay of that opinion (unless the review officer was that officer).
(3)
In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16.
Record
20N
(1)
A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply—
(a)
the fact that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 2 or 3 of Schedule 7,
(b)
the fact that the detained person has been informed as required under paragraph 20M(1),
(c)
the officer's conclusion on the matter considered under paragraph 20M(2)(a), and
(d)
the fact that the officer has taken action under paragraph 20M(2)(b).
(2)
The review officer must inform the detained person whether the officer is authorising continued detention, and if so that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 2 or 3 of Schedule 7.
(3)
Sub-paragraph (2) does not apply where the detained person is—
(a)
incapable of understanding what is said,
(b)
violent or likely to become violent, or
(c)
in urgent need of medical attention.”

Codes of practice

8 (1)

Schedule 14 to the Terrorism Act 2000 (exercise of powers—codes of practice etc) is amended as follows.

(2)

In paragraph 1, after “ “officer” means” there is inserted “ (subject to paragraph 6A) ”.

(3)

After paragraph 6 there is inserted—

“6A
In paragraphs 5 and 6, “officer” includes a constable, immigration officer or customs officer who—
(a)
has functions under Schedule 7, or
(b)
has functions under Schedule 8 in relation to a person detained under Schedule 7,
otherwise than as an examining officer.”

SCHEDULE 11Minor and consequential amendments

Section 181

PART 1Amendments relating to Parts 1 to 6

Magistrates' Courts Act 1980 (c. 43)

1

In section 143(2) of the Magistrates' Courts Act 1980 (provisions in which sums may be altered) paragraph (da) is omitted.

Housing Act 1980 (c. 51)

2

In Schedule 9 to the Housing Act 1980 (provisions relating to housing association and housing trust tenancies under Rent Act 1977), in paragraph 5, after “83” there is inserted “ or 83ZA ”.

Highways Act 1980 (c. 66)

3

Sections 129A to 129G of the Highways Act 1980 (restriction of rights over highway) are repealed.

Police and Criminal Evidence Act 1984 (c. 60)

4

In section 64A of the Police and Criminal Evidence Act 1984 (photographing of suspects etc), for paragraph (ca) of subsection (1B) there is substituted—

“(ca)
given a direction by a constable under section 35 of the Anti-social Behaviour, Crime and Policing Act 2014;”.

Prosecution of Offences Act 1985 (c. 23)

5 (1)

In section 3 of the Prosecution of Offences Act 1985 (functions of DPP), subsection (2) is amended as follows.

(2)

In paragraph (fa), for the words from “section 1C” to “proceedings)” there is substituted “ section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 (criminal behaviour orders made on conviction) ”.

(3)

In paragraph (fb)—

(a)

for “section 1CA(3) of the Crime and Disorder Act 1998” there is substituted “ section 27 of the Anti-social Behaviour, Crime and Policing Act 2014 ”;

(b)

for “section 1C” there is substituted “ section 22 ”.

(4)

In paragraph (fc)—

(a)

for “section 1CA” there is substituted “ section 27 ”;

(b)

for “section 1C” there is substituted “ section 22 ”.

(5)

Paragraphs (fd) and (fe) are omitted.

Housing Act 1985 (c. 68)

6 (1)

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

(2)

In subsection (4)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i)
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(ii)
conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and”.

(3)

For subsection (7A) there is substituted—

“(7A)
In subsection (4)(a)(ii) “housing accommodation” includes—
(a)
flats, lodging-houses and hostels;
(b)
any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
(c)
any common areas used in connection with the accommodation.”

7 (1)

Section 83 of that Act (proceedings for possession or termination: notice requirements) is amended as follows.

(2)

In the heading, after “termination:” there is inserted “ general ”.

(3)

Before subsection (1) there is inserted—

“A1
This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—
(a)
proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or
(b)
proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).”

(4)

In subsection (1), for the words from “proceedings for” to “tenancy),” there is substituted “ proceedings to which this section applies ”.

8 (1)

Section 83A of that Act (additional requirements in relation to certain proceedings for possession) is amended as follows.

(2)

In subsection (2)(a), after “83” there is inserted “ or 83ZA ”.

(3)

In subsection (2)(b), for “subsection (4)(a) of that section” there is substituted “ section 83(4)(a) or section 83ZA(9)(a) ”.

(4)

In subsection (3)(a), after “83” there is inserted “ or 83ZA ”.

(5)

In subsection (4)(a), after “83” there is inserted “ or 83ZA ”.

(6)

In subsection (5)—

(a)

for “the notice” there is substituted “ a notice ”;

(b)

after “83” there is inserted “ or a notice is served under section 83ZA ”.

9 (1)

Section 84 of that Act (grounds and orders for possession) is amended as follows.

(2)

In subsection (1), after “in accordance with” there is inserted “ section 84A (absolute ground for possession for anti-social behaviour) or ”.

(3)

In subsection (2)(a), for “that Schedule” there is substituted “ Schedule 2 ”.

(4)

In subsection (3)—

(a)

after “83” there is inserted “ or 83ZA ”;

(b)

for “such an order on any of those grounds above” there is substituted “ an order on any of the grounds mentioned in subsection (2) ”.

10

In the heading of section 85A of that Act (proceedings for possession: anti-social behaviour) after “possession” there is inserted “ on non-absolute grounds ”.

11 (1)

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

(2)

In subsection (3)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i)
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(ii)
conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and”.

(3)

In subsection (7)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i)
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(ii)
conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and”.

(4)

For subsection (10) there is substituted—

“(10)
In this section “housing accommodation” includes—
(a)
flats, lodging-houses and hostels;
(b)
any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
(c)
any common areas used in connection with the accommodation.”

12 (1)

In Schedule 1 to that Act (tenancies which are not secure tenancies), paragraph 4ZA (family intervention tenancies) is amended as follows.

(2)

In sub-paragraph (3)(a)—

(a)

in the opening words, for “possession order under section 84” there is substituted “ relevant possession order ”;

(b)

in sub-paragraph (i) the words “, on ground 2 or 2A of Part 1 of Schedule 2” are omitted.

(3)

In sub-paragraph (12), after the definition of “the new tenant” there is inserted—

““relevant possession order” means—
(a)
a possession order under section 84 that is made on ground 2, 2ZA or 2A of Part 1 of Schedule 2, or
(b)
a possession order under section 84A;”.

13

In Part 5 of Schedule 2 to that Act (approval of redevelopment schemes for purposes of Ground 10A), in paragraph 5(3), after “83” there is inserted “ or 83ZA ”.

14

In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2, after “83” there is inserted “ or 83ZA ”.

15 (1)

In that Schedule, Ground 2A is amended as follows.

(2)

In paragraph (a), for “or suspended Ground 2 or 14 possession order” there is substituted “ , a suspended anti-social behaviour possession order or a suspended riot-related possession order ”.

(3)

In paragraph (b), for “or a Ground 2 or 14 possession order” there is substituted “ , an anti-social behaviour possession order or a riot-related possession order ”.

(4)

In the definition of “relevant order”—

(a)

the word “or” before the final entry is omitted;

(b)

in the final entry, after “section 91 of the Anti-social Behaviour Act 2003” there is inserted “ or section 27 of the Police and Justice Act 2006 ”;

(c)

at the end there is inserted—

“an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014;
an order under section 22 of that Act.”

(5)

After the definition of “relevant order” there is inserted—

“An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988.”

(6)

After the definition of “demotion order” there is inserted—

“A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to this Act or Ground 14ZA in Schedule 2 to the Housing Act 1988.”

(7)

The definition of a “Ground 2 or 14 possession order” is omitted.

16

After Ground 2A in that Schedule there is inserted—

“Ground 2B
The dwelling-house is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.”

Housing Act 1988 (c. 50)

17 (1)

Section 6A of the Housing Act 1988 (demotion because of anti-social behaviour) is amended as follows.

(2)

In subsection (4), for paragraph (a) there is substituted—

“(a)
that the tenant or a person residing in or visiting the dwelling-house has engaged or has threatened to engage in—
(i)
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(ii)
conduct that consists of or involves using housing accommodation owned or managed by the landlord for an unlawful purpose, and”.

(3)

After subsection (10) there is inserted—

“(10A)
In subsection (4)(a)(ii) “housing accommodation” includes—
(a)
flats, lodging-houses and hostels;
(b)
any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
(c)
any common areas used in connection with the accommodation.”

18 (1)

Section 7 of that Act (orders for possession) is amended as follows.

(2)

In subsection (3), after “below” there is inserted “ (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998) ”.

(3)

In subsection (5A)(a), for “and 5” there is substituted “ , 5 and 7A ”.

(4)

In subsection (6)(a), after “Ground 2” there is inserted “ , Ground 7A ”.

19

In the heading of section 9A of that Act (proceedings for possession: anti-social behaviour) after “possession” there is inserted “ on non-absolute grounds ”.

20

In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in paragraph 12ZA (family intervention tenancies), in sub-paragraph (3)(a)(i), for “ground 14” there is substituted “ ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA ”.

Environmental Protection Act 1990 (c. 43)

21

In the Environmental Protection Act 1990, sections 92 to 94A (litter abatement notices, litter clearing notices and street litter control notices) are repealed.

Housing Act 1996 (c. 52)

22

In the Housing Act 1996, sections 153A to 158 and Schedule 15 (injunctions against housing-related anti-social behaviour) are repealed.

23

In section 218A of that Act (anti-social behaviour: landlords' policies and procedures), for subsections (8) and (8A) there is substituted—

“(8)
Anti-social behaviour is—
(a)
conduct that is capable of causing nuisance or annoyance to some person (who need not be a particular identified person) and that directly or indirectly relates to or affects the landlord's housing management functions, or
(b)
conduct that consists of or involves using or threatening to use housing accommodation owned or managed by the landlord for an unlawful purpose.”

Crime and Disorder Act 1998 (c. 37)

24

The following provisions of the Crime and Disorder Act 1998 are repealed—

(a)

sections 1 to 1K (anti-social behaviour orders etc);

(b)

section 4 (appeals against orders);

(c)

section 8A (parenting orders on breach of anti-social behaviour order).

25 (1)

Section 8 of that Act (parenting orders) is amended as follows.

(2)

In subsection (1)(b), for “an anti-social behaviour order or” there is substituted “ an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, an order is made under section 22 of that Act or a ”.

(3)

In subsection (1)(c) the words “, except in a case where section 8A below applies (parenting order on breach of anti-social behaviour order)” are omitted.

(4)

In subsection (6)(a), for the words after “behaviour which led to” there is substituted “ the order being made or the injunction granted ”.

26 (1)

Section 9 of that Act (parenting orders: supplemental) is amended as follows.

(2)

In subsection (1) the words “, other than an offence under section 1(10) above in respect of an anti-social behaviour order,” are omitted.

(3)

In subsection (1B)—

(a)

for “an anti-social behaviour order” there is substituted “ an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 is granted or an order is made under section 22 of that Act ”;

(b)

after “which” there is inserted “ grants the injunction or ”.

(4)

In subsection (2)—

(a)

paragraph (d) and the word “or” before it are omitted;

(b)

in the text after paragraph (d) the words “(including any report prepared under section 1(1C))” are omitted.

(5)

Subsection (2AA) is repealed.

27 (1)

Section 18 of that Act (interpretation etc) is amended as follows.

(2)

In subsection (1)—

(a)

the definitions of “anti-social behaviour order” and “individual support order” are omitted;

(b)

paragraph (za) of the definition of “responsible officer” is omitted.

(3)

In subsection (4)—

(a)

the words “an individual support order or” are omitted;

(b)

for “the child, defendant or parent, as the case may be” there is substituted “ the child or, as the case may be, the parent ”.

28

In section 38 of that Act (local provision of youth justice services), in subsection (4)(f) the words “individual support orders,” are omitted.

29

In section 114 of that Act (orders and regulations), in subsection (2) “(1A), (1G)” is omitted.

Criminal Justice and Police Act 2001 (c. 16)

30

Sections 12 to 16 of the Criminal Justice and Police Act 2001 (alcohol consumption in designated public places) are repealed.

Police Reform Act 2002 (c. 30)

31 (1)

Section 50 of the Police Reform Act 2002 (power of constable to require person acting in an anti-social manner to give name and address) is amended as follows.

(2)

In subsection (1) the words “(within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)” are omitted.

(3)

After that subsection there is inserted—

“(1A)
In subsection (1) “anti-social behaviour” has the meaning given by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).”

32

In Part 1 of Schedule 4 to that Act (powers exercisable by community support officers), paragraph 1(2)(e) (powers to issue fixed penalty notices in respect of offences under dog control orders) and the word “and” before it are omitted.

33

In Schedule 5 to that Act (powers exercisable by accredited persons), in paragraph 1(2), paragraph (d) and the word “and” before it are omitted.

Licensing Act 2003 (c. 17)

34

Sections 161 to 166 of the Licensing Act 2003 (closure orders of identified premises) are repealed.

35 (1)

Section 167 of that Act (review of premise licence following closure order) is amended as follows.

(2)

In subsection (1)(a), for “a closure order has come into force” there is substituted “a magistrates' court has made a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order on appeal under section 84 of that Act,”.

(3)

In subsection (1)(b), for the words after “the relevant licensing authority has” there is substituted “ accordingly received a notice under section 80(9) or 84(7) of that Act ”.

(4)

In subsection (4)(a), for the words after “notice of” there is substituted “ the review and of the order mentioned in subsection (1)(a) ”.

(5)

In subsection (5)(a), for the words after “to consider” there is substituted “ the order mentioned in subsection (1)(a) and any relevant representations; ”.

36

In section 168 of that Act (provisions about decisions under section 167), in subsections (3)(b) and (6)(b), for the words after “the premises to which the licence relates” there is substituted “ are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014 ”.

37

Section 169 of that Act (enforcement of closure order) is repealed.

38 (1)

Section 170 of that Act (exemption of police from liability for damages) is amended as follows.

(2)

In subsection (1) the words “of his functions in relation to a closure order or any extension of it or” are omitted.

(3)

Paragraph (b) of subsection (2) is omitted.

39 (1)

Section 171 of that Act (interpretation of Part 8) is amended as follows.

(2)

In subsection (2), for “Relevant premises” there is substituted “ Premises ”.

(3)

In subsection (3) the word “relevant” is omitted.

(4)

In subsection (5)—

(a)

in the definition of “appropriate person” the word “relevant” is omitted;

(b)

the definitions of “closure order”, “extension”, “relevant magistrates' court”, “relevant premises”, “responsible senior police officer” and “senior police officer” are omitted.

40

In Schedule 3 to that Act (matters to be entered in licensing register), for the words after “any notice given to it under” in paragraph (z) there is substituted “ section 80(9) or 84(7) of the Anti-social Behaviour, Crime and Policing Act 2014 (notification by court of closure order) ”.

Anti-social Behaviour Act 2003 (c. 38)

41

The following provisions of the Anti-social Behaviour Act 2003 are repealed—

(a)

Part 1 (closure of premises where drugs used unlawfully);

(b)

Part 1A (closure of premises associated with persistent disorder or nuisance);

(c)

Part 4 (dispersal of groups etc);

(d)

sections 40 and 41 (closure of noisy premises);

(e)

sections 48 to 52 (removal of graffiti and fly-posting) and the cross-heading before section 48.

Clean Neighbourhoods and Environment Act 2005 (c. 16)

42

Sections 55 to 64, 66 and 67 of the Clean Neighbourhoods and Environment Act 2005 are repealed.

Government of Wales Act 2006 (c. 32)

43

In Schedule 7 to the Government of Wales Act 2006 (legislative competence of Welsh Assembly), in the list of exceptions in paragraph 12, for “Anti-social behaviour orders” there is substituted “ Orders to protect people from behaviour that causes or is likely to cause harassment, alarm or distress ”.

Violent Crime Reduction Act 2006 (c. 38)

44

The following provisions of the Violent Crime Reduction Act 2006 (which relate to drinking banning orders) are repealed—

(a)

sections 1 to 7;

(b)

section 8(1) to (6);

(c)

sections 9 to 14.

45

Section 27 of that Act (directions to individuals who represent a risk of disorder) is repealed.

Crime and Security Act 2010 (c. 17)

46

Sections 40 and 41 of the Crime and Security Act 2010 (anti-social behaviour orders: report on family circumstances and parenting orders on breach) are repealed.

Localism Act 2011 (c. 20)

47 (1)

In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies under section 158 of that Act), paragraph 6 (Ground 6) is amended as follows.

(2)

In sub-paragraph (2), for “or suspended Ground 2 or 14 possession order” there is substituted “ , a suspended anti-social behaviour possession order or a suspended riot-related possession order ”.

(3)

In sub-paragraph (3), for “or a Ground 2 or 14 possession order” there is substituted “ , an anti-social behaviour possession order or a riot-related possession order ”.

(4)

In sub-paragraph (4), in the definition of “relevant order”—

(a)

the word “or” before paragraph (e) is omitted;

(b)

in paragraph (e), after “section 91 of the Anti-social Behaviour Act 2003” there is inserted “ or section 27 of the Police and Justice Act 2006 ”;

(c)

at the end there is inserted—

“(f)
an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, or
(g)
an order under section 22 of that Act;”.

(5)

After the definition of “relevant order” in that sub-paragraph there is inserted—

“An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14 in Schedule 2 to the Housing Act 1988.”

(6)

After the definition of “demotion order” in that sub-paragraph there is inserted—

“A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to the Housing Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act 1988.”

(7)

The definition of “Ground 2 or 14 possession order” in that sub-paragraph is omitted.

48

After paragraph 6 of that Schedule there is inserted—

“Ground 6A
6A
This ground is that a dwelling-house let on an existing tenancy is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.”

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

49 (1)

Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid for civil legal services) is amended as follows.

(2)

In paragraph 36 of Part 1 (anti-social behaviour), in sub-paragraph (1), for the words after “in relation to” there is substituted “ an application for, or proceedings in respect of, an injunction against the individual under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014. ”

(3)

In paragraph 7 of Part 3 (certain advocacy services in a magistrates' court excepted from the advocacy exclusion), for “and 15 to 18” there is substituted “ , 15 to 18 and 36 ”.

Repeal of spent provisions etc

50

The following provisions are repealed.

Short title and chapter	Extent of repeal
Crime and Disorder Act 1998 (c. 37)	Section 40(2).
Powers of Criminal Courts(Sentencing) Act 2000 (c. 6)	In Schedule 9, paragraph 192.
Police Reform Act 2002 (c. 30)	Sections 61 to 66.
Licensing Act 2003 (c. 17)	Section 155(2).
Licensing Act 2003 (c. 17)	In Schedule 6, paragraphs 121 to 125.
Anti-social Behaviour Act 2003 (c. 38)	Section 13.
	Section 14(3)(a).
	Section 56(1).
	Section 85(2) to (7) and (9) to (11).
	Section 86(1) to (4).
Sexual Offences Act 2003 (c. 42)	In Schedule 6, paragraph 38(3).
Criminal Justice Act 2003 (c. 44)	Sections 322 and 323.
Criminal Justice Act 2003 (c. 44)	In Schedule 26, paragraph 59.
Children Act 2004 (c. 31)	In Schedule 2, paragraph 8.
Serious Organised Crime andPolice Act 2005 (c. 15)	Section 139(1) to (9).
	Section 140(1) to (4).
	Sections 141 to 143.
	In Schedule 7, paragraph 36.
	In Schedule 10, paragraph 3(3)(b).
Clean Neighbourhoods and Environment Act 2005 (c. 16)	Section 2.
	Section 20(2).
	Section 21.
	Section 22.
	Section 31.
	In Schedule 4, paragraphs 7, 13 and 16 to 19.
Drugs Act 2005 (c. 17)	Section 20.
Drugs Act 2005 (c. 17)	In Schedule 1, paragraph 7.
Violent Crime Reduction Act2006 (c. 38)	Section 8(7).
	Section 26.
	Section 59(1).
Police and Justice Act 2006 (c. 48)	Section 26.
Police and Justice Act 2006 (c. 48)	In Schedule 14, paragraphs 12(3), 13(3), 15, 32 and 33.
Mental Health Act 2007 (c. 12)	In Schedule 1, paragraph 21.
Criminal Justice and Immig-ration Act 2008 (c. 4)	Section 118.
	Section 123.
	Section 124.
	Schedule 20.
Transport for London Act 2008 (c. i)	Section 29(a).
Coroners and Justice Act 2009 (c. 25)	In Schedule 21, paragraph 72.
Policing and Crime Act 2009 (c. 26)	Section 31.
Police Reform and Social Resp- onsibility Act 2011 (c. 13)	In Schedule 16, paragraphs 307 to 309.
Localism Act 2011 (c. 20)	Section 155(1).

PART 2Amendments relating to Part 9

Criminal Procedure (Scotland) Act 1995 (c. 46)

51

In section 19AA of the Criminal Procedure (Scotland) Act 1995 (samples etc from sex offenders), in subsection (1)(c), after “an order under section” there is inserted “ 122A or ”.

52

In section 19AB of that Act (supplementary provision in risk of sexual harm order cases), in subsection (7), at the end of the definition of “risk of sexual harm order” there is inserted— “ and also includes an order under section 122A of the 2003 Act (sexual risk orders); ”.

Police Act 1997 (c. 50)

53 (1)

Section 113CA of the Police Act 1997 (suitability information relating to children) is amended as follows.

(2)

After paragraph (f) of subsection (2) there is inserted—

“(fa)
if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003, is in effect in respect of the applicant—
(i)
the prohibitions described in that order;
(ii)
the date of that order;
(iii)
the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) of that Act;
(iv)
details as to whether the order has been varied or renewed under section 103E(5) of that Act;
(fb)
if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant—
(i)
the prohibitions described in that order;
(ii)
the date of that order;
(iii)
the period for which that order has effect by virtue of section 103F(4) of that Act;
(iv)
details as to whether the order has been varied or renewed under section 103F(5) of that Act;”.

(3)

After paragraph (i) of that subsection there is inserted—

“(ia)
if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—
(i)
the prohibitions described in that order;
(ii)
the date of that order;
(iii)
the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;
(iv)
details as to whether the order has been varied or renewed under section 122D(4) of that Act;
(ib)
if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—
(i)
the prohibitions described in that order;
(ii)
the date of that order;
(iii)
the period for which that order has effect by virtue of section 122E(4) of that Act;
(iv)
details as to whether the order has been varied or renewed under section 122E(5) of that Act;”.

54 (1)

Section 113CB of that Act (suitability information relating to protected adults) is amended as follows.

(2)

After paragraph (f) of subsection (2) there is inserted—

“(fa)
if a sexual harm prevention order, made under section 103A of the Sexual Offences Act 2003, is in effect in respect of the applicant—
(i)
the prohibitions described in that order;
(ii)
the date of that order;
(iii)
the period for which the prohibitions have effect by virtue of section 103C(2) or 103D(1) of that Act;
(iv)
details as to whether the order has been varied or renewed under section 103E(5) of that Act;
(fb)
if an interim sexual harm prevention order, made under section 103F of the Sexual Offences Act 2003, is in effect in respect of the applicant—
(i)
the prohibitions described in that order;
(ii)
the date of that order;
(iii)
the period for which that order has effect by virtue of section 103F(4) of that Act;
(iv)
details as to whether the order has been varied or renewed under section 103F(5) of that Act;”.

(3)

After paragraph (i) of that subsection there is inserted—

“(ia)
if a sexual risk order, made under section 122A of the Sexual Offences Act 2003, is in effect in respect of the applicant—
(i)
the prohibitions described in that order;
(ii)
the date of that order;
(iii)
the period for which the prohibitions have effect by virtue of section 122A(7) or 122C(1) of that Act;
(iv)
details as to whether the order has been varied or renewed under section 122D(4) of that Act;
(ib)
if an interim sexual risk order, made under section 122E of the Sexual Offences Act 2003, is in effect in respect of the applicant—
(i)
the prohibitions described in that order;
(ii)
the date of that order;
(iii)
the period for which that order has effect by virtue of section 122E(4) of that Act;
(iv)
details as to whether the order has been varied or renewed under section 122E(5) of that Act;”.

Crime and Disorder Act 1998 (c. 37)

55 (1)

Section 8 of the Crime and Disorder Act 1998 (parenting orders) is amended as follows.

(2)

For “sexual offences prevention order” there is substituted “ sexual harm prevention order ”

(a)

in subsection (1)(b);

(b)

in subsection (6)(a).

(3)

For subsection (9) there is substituted—

“(9)
In this section “sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders).”

Sexual Offences Act 2003 (c. 42)

56

In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in subsection (4)(c), after “interim notification order,” there is inserted “ sexual harm prevention order, interim sexual harm prevention order, ”.

57

In section 89 of that Act (young offenders: parental directions), in the Table in subsection (1), after “interim notification order,” there is inserted “ sexual harm prevention order, interim sexual harm prevention order, ”.

58

In section 91A of that Act (review of indefinite notification requirements: qualifying young offender), in subsection (2)(b), after “not subject to” there is inserted “ a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F, ”.

59

In the cross-heading before section 104 of that Act (sexual offences prevention orders: application and grounds), after “orders” there is inserted “ (Scotland and Northern Ireland) ”.

60

In section 108 of that Act (SOPOs: variations, renewals and discharges), in subsection (8)(b) the words “2 or” and “England and Wales or” are omitted.

61

In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A or” and “England and Wales or” are omitted.

62 (1)

Section 110 of that Act (SOPOs and interim SOPOs: appeals) is amended as follows.

(2)

For the heading there is substituted “ Appeals in relation to SOPOs and interim SOPOs: Northern Ireland ”.

(3)

In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is substituted “ a county court ”.

(4)

In subsection (4), for “the Crown Court” there is substituted “ the county court ”.

(5)

For subsection (5) there is substituted—

“(5)
Any order made by a county court on an appeal under subsection (1)(c) or (2) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 108(7) or 109(6) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).”

63 (1)

Section 113 of that Act (offence: breach of SOPO or interim SOPO) is amended as follows.

(2)

In the heading, at the end there is inserted “etc”.

(3)

In subsection (1), in paragraph (d) the words “2, 2A or” and “in England and Wales and” are omitted.

(4)

After that subsection there is inserted—

“(1ZA)
A person commits an offence if, without reasonable excuse, he contravenes a prohibition imposed by—
(a)
a sexual harm prevention order, or
(b)
an interim sexual harm prevention order,
other than a prohibition on foreign travel.”

64

In the cross-heading before section 114 of that Act (foreign travel orders: applications and grounds), after “orders” there is inserted “ (Scotland and Northern Ireland) ”.

65 (1)

Section 117A of that Act (foreign travel orders: surrender of passports) is amended as follows.

(2)

For the heading there is substituted “ Surrender of passports: Northern Ireland ”.

(3)

In subsection (2), after “at a police station” there is inserted “ in Northern Ireland ”.

(4)

In subsection (3), at the end there is inserted “(unless the person is subject to an equivalent prohibition under another order)”.

66

In section 117B of that Act (surrender of passports: Scotland), at the end of subsection (3) there is inserted “(unless the person is subject to an equivalent prohibition under another order)”.

67 (1)

Section 119 of that Act (foreign travel orders: appeals) is amended as follows.

(2)

For the heading there is substituted “ Appeals in relation to foreign travel orders: Northern Ireland ”.

(3)

In subsection (1), for “the Crown Court” there is substituted “ a county court ”.

(4)

In subsection (2), for “the Crown Court” there is substituted “ the county court ”.

(5)

For subsection (3) there is substituted—

“(3)
Any order made by a county court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 118(5) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).”

68 (1)

Section 122 (offence: breach of foreign travel order) is amended as follows.

(2)

In the heading, at the end there is inserted “etc”.

(3)

In subsection (1)—

(a)

for “excuse, he” there is substituted“excuse—

(a)
he”;

(b)

at the end there is inserted“, or

(b)
he contravenes a prohibition on foreign travel imposed by a sexual harm prevention order.”

(4)

In subsection (1B)(a) the words “England and Wales and” are omitted.

69

In the cross-heading before section 123 of that Act, after “orders” there is inserted “ (Northern Ireland) ”.

70 (1)

Section 123 of that Act (risk of sexual harm orders: application, grounds and effect) is amended as follows.

(2)

In subsection (1)—

(a)

for “A chief officer of police” there is substituted “ The Chief Constable of the Police Service of Northern Ireland ”;

(b)

for “a magistrates' court” there is substituted “ a court of summary jurisdiction ”;

(c)

for “his police area” (in both places) there is substituted “ Northern Ireland ”;

(d)

for “the chief officer” (in both places) there is substituted “ the Chief Constable ”.

(3)

Subsection (2) is repealed.

71 (1)

Section 125 (RSHOs: variation, renewals and discharges) is amended as follows.

(2)

In subsection (2), for paragraphs (b) to (d) there is substituted—

“(b)
the Chief Constable of the Police Service of Northern Ireland.”

(3)

In subsection (3), for “and (if they wish to be heard) the other persons mentioned in subsection (2)” there is substituted “ , and the other person mentioned in subsection (2) (if that person wishes to be heard) ”.

(4)

In subsection (5), for the words after “without the consent of the defendant and” there is substituted “ the Chief Constable of the Police Service of Northern Ireland ”.

(5)

In subsection (7), for paragraphs (b) and (c) there is substituted—

“(b)
a court of summary jurisdiction for the petty sessions district which includes the area where the defendant resides;
(c)
where the application is made by the Chief Constable of the Police Service of Northern Ireland, any court of summary jurisdiction.”

72

In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has made that application” there is substituted “ the Chief Constable of the Police Service of Northern Ireland ”.

73 (1)

Section 127 (RSHOs and interim RSHOs) is amended as follows.

(2)

In subsection (1), for “the Crown Court” there is substituted “ a county court ”.

(3)

In subsection (2), for “the Crown Court” there is substituted “ the county court ”.

(4)

For subsection (3) there is substituted—

“(3)
Any order made by a county court on an appeal under subsection (1)(a) or (b) (other than an order directing that an application be re-heard by a court of summary jurisdiction) is for the purposes of section 125(7) or 126(5) (respectively) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the county court).”

74 (1)

Section 128 (offence: breach of RSHO or interim RSHO) is amended as follows.

(2)

In the heading, after “interim RSHO” there is inserted “ etc ”.

(3)

For subsections (1) and (1A) there is substituted—

“(1)
A person who, without reasonable excuse, does anything that the person is prohibited from doing by—
(a)
a risk of sexual harm order,
(b)
an interim risk of sexual harm order,
(c)
a sexual risk order,
(d)
an interim sexual risk order,
(e)
an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (risk of sexual harm orders in Scotland), or
(f)
an order under section 5 of that Act (interim risk of sexual harm orders in Scotland),
commits an offence.”

75 (1)

Section 129 (effect of conviction etc of an offence under section 128) is amended as follows.

(2)

In the heading, after “section 128” there is inserted “ etc ”.

(3)

In subsection (1A)(a), after “an offence under section” there is inserted “ 122H or ”.

(4)

For subsection (5) there is substituted—

“(5)
In this section “relevant order” means—
(a)
where the conviction, finding or caution within subsection (1) is in respect of a breach of a risk of sexual harm order or a sexual risk order, that order;
(b)
where the conviction, finding or caution within subsection (1) is in respect of a breach of an interim risk of sexual harm order or an interim sexual risk order, any risk of sexual harm order or sexual risk order made on the hearing of the application to which the interim order relates or, if no such order is made, the interim order.
(6)
In subsection (5)—
“risk of sexual harm order” includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
“interim risk of sexual harm order” includes an order under section 5 of that Act.”

76 (1)

Section 133 of that Act (Part 2: general interpretation) is amended as follows.

(2)

In subsection (1), at the appropriate places there is inserted—

““interim sexual harm prevention order” has the meaning given by section 103F(2);”;

““interim sexual risk order” has the meaning given by section 122E(2);”;

““prohibition on foreign travel” has the meaning given by section 103D(2) or 122C(2);”;

““sexual harm prevention order” has the meaning given by section 103A(1);”;

““sexual risk order” has the meaning given by section 122A(1);”.

77

In section 136 of that Act (Part 2: Northern Ireland), for subsection (8) there is substituted—

“(8)
The reference in section 101 to the Crown Court is to be read as a reference to a county court.”

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

78 (1)

Section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO) is amended as follows.

(2)

In the heading, after “interim RSHO” there is inserted “ etc ”.

(3)

In subsection (2), after “an order made under” there is inserted “ section 122A or 122E or ”.

79 (1)

Section 8 of that Act (effect of conviction etc under section 7 of that Act or section 128 of the Sexual Offences Act 2003) is amended as follows.

(2)

In the heading, after “or section” there is inserted “ 122H or ”.

(3)

In subsection (1)(a), for the words after “an offence under section 7 above” there is substituted “ , section 122H of the 2003 Act (breach of sexual risk order or interim sexual risk order in England and Wales) or section 128 of that Act (breach of risk of sexual harm order or interim risk of sexual harm order in Northern Ireland) ”.

(4)

In subsection (1)(b), after “an offence under section” there is inserted “ 122H or ”.

(5)

In the definition of “relevant order” in subsection (5)—

(a)

in paragraph (a), for “section 123” there is substituted “ an order under section 122A or section 123 ”;

(b)

in paragraph (b), after “a breach of” there is inserted “ a sexual risk order under section 122A of the 2003 Act or ”;

(c)

for paragraphs (c) and (d) there is substituted—

“(c)
where the conviction or finding referred to in subsection (1)(a), (c) or (d) above is in respect of a breach of an interim risk of sexual harm order under section 5 above or an interim order under section 122E or 126 of the 2003 Act—
(i)
any risk of sexual harm order or sexual risk order made upon the application to which the interim order relates; or
(ii)
if no risk of sexual harm order or sexual risk order has been made, the interim order;
(d)
where the caution referred to in subsection (1)(b) above is in respect of a breach of an interim order under section 122E or 126 of the 2003 Act—
(i)
any order under section 122A or 123 of that Act made upon the application to which the interim order relates; or
(ii)
if no order under section 122A or 123 of that Act has been made, the interim order.”

Violent Crime Reduction Act 2006 (c. 38)

80

In section 56 of the Violent Crime Reduction Act 2006 (cross-border provisions relating to sexual offences), subsection (2) is repealed.

Armed Forces Act 2006 (c. 52)

81

In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing powers where election for trial by that court instead of CO), paragraph 13(2) and (3) (service sexual offences prevention orders) is repealed.

Armed Forces Act 2011 (c. 18)

82 (1)

Section 17 of the Armed Forces Act 2011 (service sexual offences prevention orders) is repealed.

(2)

In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is repealed.

PART 3Amendments relating to Part 11

House of Commons Disqualification Act 1975 (c. 24)

83

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975. (bodies of which all members are disqualified) at the appropriate place there is inserted— “ The Police Remuneration Review Body. ”

Police Pensions Act 1976 (c. 35)

84

In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), for paragraph (f) of subsection (2) there is substituted—

“(f)
a person to whom section 100A of the Police Act 1996 applies (senior police officer appointed as member of staff of College of Policing);”.

85 (1)

Section 11 of that Act (interpretation) is amended as follows.

(2)

For paragraph (e) of subsection (1) there is substituted—

“(e)
service, by a person to whom section 100A of the Police Act 1996 applies, as a member of the staff of the College of Policing;”.

(3)

In subsection (2A)(i) the words “the body known as” are omitted.

(4)

In subsection (8A), for “the Chief Executive of the body known as” there is substituted “ a member of the staff of ”.

Police and Criminal Evidence Act 1984 (c. 60)

86 (1)

Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting and samples: power to require attendance at police station) is amended as follows.

(2)

In paragraph 1 (fingerprinting: persons arrested and released)—

(a)

in sub-paragraph (2), for “section 61(5A)(b)” there is substituted “ section 61(5A)(b)(i) ”;

(b)

after sub-paragraph (3) there is inserted—

“(4)
The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”

(3)

In paragraph 2 (fingerprinting: persons charged etc)—

(a)

in sub-paragraph (2)(b), for “section 61(5B)(b)” there is substituted “ section 61(5B)(b)(i) ”;

(b)

at the end of sub-paragraph (2) there is inserted“, or

(c)
in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.”

(4)

In paragraph 9 (non-intimate samples: persons arrested and released)—

(a)

in sub-paragraph (2), for “within section 63(3ZA)(b)” there is substituted “ within section 63(3ZA)(b)(i) or (ii) ”;

(b)

after sub-paragraph (3) there is inserted—

“(4)
The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”

(5)

In paragraph 10 (non-intimate samples: persons charged etc)—

(a)

in sub-paragraph (3), for “within section 63(3A)(b)” there is substituted “ within section 63(3A)(b)(i) or (ii) ”;

(b)

after sub-paragraph (4) there is inserted—

“(5)
The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.”

Police Act 1996 (c. 16)

87

In section 36 of the Police Act 1996 (general duty of Secretary of State), in subsection (2)(c), the words “(other than sections 61 and 62)” are omitted.

88

In section 97 of that Act (police officers engaged on service outside their force), in subsection (1)(i) the words “the body known as” are omitted.

89

In section 105 of that Act (extent), in subsection (3), for “sections 61 and 62” there is substituted “ Part 3A ”.

Police Act 1997 (c. 50)

90

In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions extending to England and Wales only), after “sections” in paragraph (e) there is inserted “ 125(1A), ”.

Police (Northern Ireland) Act 2000 (c. 32)

91

In section 49 of the Police (Northern Ireland) Act 2000 (severance arrangements), for subsection (4) there is substituted—

“(4)
Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998 (requirement to consult the Board and the Police Association before making regulations) shall not apply in relation to regulations made by virtue of this section.”

Freedom of Information Act 2000 (c. 36)

92

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), the following entries are inserted at the appropriate places— “ The College of Policing. ” “ The Police Remuneration Review Body. ”

Police Reform Act 2002 (c. 30)

93 (1)

Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended as follows.

(2)

In subsection (1), in the definition of “serving with the police”, for “12(7)” there is substituted “ 12(7) to (10) ”.

(3)

In subsection (1A), for “12(7)” there is substituted “ 12(7) to (10) ”.

94

In section 39 (police powers for contracted-out staff), subsections (9) to (11) are repealed.

95 (1)

Schedule 3 to that Act (handling of complaints and conduct matters etc) is amended as follows.

(2)

In paragraph 19, after paragraph (a) of sub-paragraph (7) there is inserted—

“(aa)
a body required by section 26BA to enter into an agreement with the Commission, or”.

(3)

In paragraph 20A(4), at the end there is inserted “, but this is subject to paragraph 19ZD (restriction on disclosure of sensitive information)”.

(4)

In paragraph 20C(4)—

(a)

the words from the beginning to “sub-paragraph (3),” are omitted;

(b)

at the end there is inserted“, except so far as—

(a)
regulations made by virtue of sub-paragraph (3) provide otherwise, or
(b)
the Commission is prevented from doing so by paragraph 19ZD (restriction on disclosure of sensitive information).”

(5)

In paragraph 20H(5)—

(a)

the words from the beginning to “sub-paragraph (4),” are omitted;

(b)

at the end there is inserted “, except so far as—

“(a)
regulations made by virtue of sub-paragraph (4) provide otherwise, or
(b)
the Commission is prevented from doing so by paragraph 19ZD (restriction on disclosure of sensitive information).”

(6)

In paragraph 23(12)—

(a)

the words from the beginning to “sub-paragraph (11),” are omitted;

(b)

at the end there is inserted“, except so far as—

(a)
regulations made by virtue of sub-paragraph (11) provide otherwise, or
(b)
the Commission is prevented from doing so by paragraph 19ZD (restriction on disclosure of sensitive information).”

(7)

In paragraph 24A(3), after “a report” there is inserted “ to the Commission ”.

(8)

In paragraph 24C—

(a)

in sub-paragraph (1), for “If” there is substituted “ This paragraph applies where ”;

(b)

the words in that sub-paragraph from “it shall make” to the end are omitted;

(c)

sub-paragraph (2) is repealed.

(9)

In paragraph 27—

(a)

in the heading, after “disciplinary proceedings” there is inserted “ etc ”;

(b)

in sub-paragraph (7), after “disciplinary” there is inserted “ or other ”;

(c)

in sub-paragraph (9)(a), after “sub-paragraph (1)(b)” there is inserted “ or (c) ”.

Equality Act 2010 (c. 15)

96

In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public sector equality duty), at the appropriate place under the heading “Police” there is inserted— “ The College of Policing. ”

Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602)

101

In article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (pensions: special constables and police cadets), in paragraph (2), for “the Police Negotiating Board for the United Kingdom” there is substituted “ the Police Negotiating Board for Scotland ”.

Repeal or revocation of spent provisions etc

102

The following provisions are repealed or revoked—

Title and reference	Extent of repeal or revocation
Police Act 1996 (c. 16)	In Schedule 7, paragraph 28.
Police (Northern Ireland) Act 1998 (c. 32)	Section 34.
Greater London Authority Act 1999 (c. 29)	In Schedule 27, paragraph 92(2).
Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319)	In the Schedule, the entry for the Police Negotiating Board for the United Kingdom.
Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747)	In Schedule 1, the entry for the Police Negotiating Board for the United Kingdom.
	Schedule 21.
Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820)	In Schedule 2, paragraph 124.
Police (Northern Ireland) Act 2000 (c. 32)	In Schedule 6, paragraph 12(2).
Freedom of Information Act 2000 (c. 36)	In Part 6 of Schedule 1, the entry for the Police Negotiating Board.
Police Reform Act 2002 (c. 30)	In Schedule 4, in paragraph 1(2), the word “and” at the end of paragraph (ca).
Police and Justice Act 2006 (c. 48)	In Schedule 4, paragraphs 3 and 10.
Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)	In Schedule 6, paragraph 5(3) and (4).
Policing and Crime Act 2009 (c. 26)	Section 12(3).
Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976)	In Schedule 3, paragraphs 5 to 7.
Police Reform and Social Responsibility Act 2011 (c. 13)	Section 24(2)(a).
Police Reform and Social Responsibility Act 2011 (c. 13)	In Schedule 16, paragraphs 30(3), 35(3) and 38.
Police and Fire Reform (Scotland) Act 2012 (asp 8)	In Schedule 7, paragraph 13(4).
Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602)	In Schedule 1, paragraph 5(4) to (6).

PART 4Amendments relating to Part 12

Prison Act (Northern Ireland) 1953 (c. 18)

103

In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons unlawfully at large), in subsection (4), for “the last foregoing sub-section” there is substituted “ subsection (2) ”.

Extradition Act 2003 (c. 41)

104

In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (1A), for “by reason of forum only” there is substituted“by reason of—

(a)
absence of prosecution decision, or
(b)
forum,
only ”.

105 (1)

Section 21 of that Act (human rights) is amended as follows.

(2)

For the heading there is substituted “ Person unlawfully at large: human rights ”.

(3)

In subsection (1) the words “11 or” are omitted.

106

In section 26 of that Act (appeal against extradition order: category 1 territory), in subsection (4), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

107

In section 28 of that Act (appeal against discharge at extradition hearing: category 1 territory), in subsection (5), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

108

In section 35 of that Act (extradition where there is no appeal), after subsection (4) there is inserted—

“(4A)
If the day referred to in paragraph (a) of subsection (4) is earlier than the earliest day on which, by reason of an order under section 36A or 36B, the extradition order may be carried out (“the postponed date”), that paragraph has effect as if it referred instead to the postponed date.”

109

In section 36 of that Act (extradition following appeal), after subsection (3) there is inserted—

“(3A)
If the day referred to in paragraph (a) of subsection (3) is earlier than the earliest day on which, by reason of an order under section 36A or 36B, the extradition order may be carried out (“the postponed date”), that paragraph has effect as if it referred instead to the postponed date.”

110

In section 66 of that Act (supplementary provision for the purposes of sections 64 and 65), in subsection (1), for “(2)” there is substituted “ (1A) ”.

111

In section 103 of that Act (appeal where case sent to Secretary of State), in subsection (9), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

112

In section 105 of that Act (appeal against discharge at extradition hearing: category 2 territory), in subsection (5), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

113 (1)

Section 108 of that Act (appeal against extradition order: category 2 territory) is amended as follows.

(2)

In subsection (4), for the words before “is 14 days” there is substituted

“Notice of application for leave to appeal under this section must be given—
(a)
in accordance with rules of court, and
(a)
subject to subsections (5) and (7A), before the end of the permitted period, which”.

(3)

In subsection (5)—

(a)

for “But notice of an appeal” there is substituted “ Notice of application for leave to appeal ”

(b)

after “if it is an” there is inserted “ application for leave to ”.

(4)

In subsection (6), for the words before “before the person is extradited” there is substituted “ Notice of application for leave to appeal on human rights grounds given after the end of the permitted period must be given ”.

(5)

In subsection (7)—

(a)

for “notice of an appeal” there is substituted “ notice of application for leave to appeal ”;

(b)

for “consider the appeal” there is substituted “ grant leave ”;

(c)

for “to consider the appeal” there is substituted “ for the appeal to be heard ”.

(6)

In subsection (8), for “ “appeal on human rights grounds” means an appeal” there is substituted “ “to appeal on human rights grounds” means to appeal ”.

114

In section 110 of that Act (appeal against discharge by Secretary of State), in subsection (5), for “Notice of an appeal” there is substituted “ Notice of application for leave to appeal ”.

115

In section 117 of that Act (extradition where there is no appeal), in subsection (2), for the words after “28 days” there is substituted“starting with—

(b)
the day on which the Secretary of State makes the extradition order, or
(c)
if an order is made under section 118A or 118B, the earliest day on which the extradition order may be carried out.”

116

In section 118 of that Act (extradition following appeal), after subsection (2) there is inserted—

“(2A)
But if the day referred to in paragraph (a) or (b) of subsection (3) is earlier than the earliest day on which, by reason of an order under section 118A or 118B, the extradition order may be carried out (“the postponed date”), the required period is 28 days beginning with the postponed date.”

117

In section 137 (definition of extradition offence for the purposes of Part 2 of the Act: person not sentenced for offence) subsection (9) is repealed.

118

In section 138 (definition of extradition offence for the purposes of Part 2 of the Act: person sentenced for offence) subsection (9) is repealed.

119 (1)

Section 197 of that Act (custody) is amended as follows.

(2)

In subsection (1), at the end there is inserted—

“This is subject to the power to order the temporary transfer of a person under section 21B.”

(3)

After subsection (6) there is inserted—

“(6A)
An order for a person's temporary transfer under section 21B is sufficient authority for an appropriate person—
(a)
to receive him;
(b)
to keep him in custody until he is transferred in accordance with the order;
(c)
to convey him to and from the territory to which he is to be transferred;
(d)
on his return from that territory, to keep him in custody until he is brought back to the institution to which he was committed.”

120 (1)

Section 204 of that Act (warrant issued by category 1 territory: transmission by electronic means) is amended as follows.

(2)

In subsections (1)(c) and (2)(c), for “a qualifying form” there is substituted “ a form in which it is intelligible and which is capable of being used for subsequent reference ”.

(3)

In subsection (6)—

(a)

at the end of paragraph (a) there is inserted “and”;

(b)

paragraph (c) and the word “and” before it are omitted.

121 (1)

Section 216 of that Act (interpretative provisions) is amended as set out in sub-paragraphs (2) and (3).

(2)

After subsection (10) there is inserted—

“(10A)
Human Rights Convention” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998.”

(3)

After subsection (12) there is inserted—

“(12A)
Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.”

(4)

The following provisions of that Act are repealed in consequence of sub-paragraphs (2) and (3)—

(a)

the definition of “the Refugee Convention” in section 40(4);

(b)

section 70(2A);

(c)

section 153D(3).

122

In section 223 of that Act (orders and regulations), in subsection (6)(a), after the entry for section 173(4) there is inserted—

“section 189D(4);
section 189E(1)(b);”.

123

In section 226 of that Act (extent), in subsection (2), after “Sections” there is inserted “ 151B, ”.

124

In Part 1 of Schedule 1 to that Act (re-extradition: category 1 territories), in paragraph 3, after “21(3)” there is inserted “ and section 21A(5) ”.

PART 5Amendments consequential on establishment of Police Service of Scotland

Terrorism Act 2000 (c. 11)

125 (1)

Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

(2)

In paragraph 20B(10), for paragraph (b) of the definition of “a specified chief officer of police” there is substituted—

“(b)
the chief constable of the Police Service of Scotland, where—
(i)
the person who provided the material, or from whom it was taken, resides in Scotland, or
(ii)
the chief constable believes that the person is in, or is intending to come to, Scotland.”

(3)

In paragraph 20J—

(a)

for paragraphs (d) and (e) of the definition of “police force” there is substituted—

“(d)
the Police Service of Scotland;
(e)
the Scottish Police Authority;”;

(b)

in the second of the three definitions of “responsible chief officer of police”, for the words after “the chief constable of” there is substituted “ the Police Service of Scotland ”.

Counter-Terrorism Act 2008 (c. 28)

126 (1)

In section 18D of the Counter-Terrorism Act 2008 (use of retained material), in subsection (2) for “the Scottish Police Services Authority” there is substituted “ the Scottish Police Authority ”.

(2)

In section 18E(1) of that Act (interpretation of sections 18 to 18E), for paragraph (d) of the definition of “police force” there is substituted—

“(d)
the Police Service of Scotland;”.