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Crime (International Co-operation) Bill [HL]


Crime (International Co-operation) Bill [HL]
Part 1 — Mutual assistance in criminal matters
Chapter 6 — Supplementary

    30

 

     (5)    A statutory instrument containing an order under section 51(2)(b) designating

a country other than a member State is not to be made unless—

           (a)           in the case of an order to be made by the Secretary of State, a draft of the

instrument has been laid before, and approved by resolution of, each

House of Parliament,

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           (b)           in the case of an order to be made by the Scottish Ministers, a draft of

the instrument has been laid before, and approved by resolution of, the

Scottish Parliament.

 51    General interpretation

     (1)    In this Part—

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                    “the 1990 Act” means the Criminal Justice (International Co-operation)

Act 1990 (c. 5),

                    “the 2001 Protocol” means the Protocol to the Mutual Legal Assistance

Convention, established by Council Act of 16th October 2001 (2001/

C326/01),

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                    “administrative proceedings” means proceedings outside the United

Kingdom to which article 3(1) of the Mutual Legal Assistance

Convention applies (proceedings brought by administrative

authorities in respect of administrative offences where a decision in the

proceedings may be the subject of an appeal before a court),

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                    “chief officer of police”—

                  (a)                 in relation to any area in Scotland, means the chief constable for

the police force maintained for that area,

                  (b)                 in relation to any area in Northern Ireland, means the Chief

Constable of the Police Service of Northern Ireland,

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                    “clemency proceedings” means proceedings in a country outside the

United Kingdom, not being proceedings before a court exercising

criminal jurisdiction, for the removal or reduction of a penalty imposed

on conviction of an offence,

                    “country” includes territory,

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                    “court” includes a tribunal,

                    “criminal proceedings” include criminal proceedings outside the United

Kingdom in which a civil order may be made,

                    “                      customs officer” means an officer commissioned by the Commissioners

of Customs and Excise under section 6(3) of the Customs and Excise

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Management Act 1979 (c. 2),

                    “evidence” includes information in any form and articles, and giving

evidence includes answering a question or producing any information

or article,

                    “the Mutual Legal Assistance Convention” means the Convention on

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Mutual Assistance in Criminal Matters established by Council Act of

29th May 2000 (2000/C197/01),

                    “the Schengen Convention” means the Convention implementing the

Schengen Agreement of 14th June 1985.

     (2)    A participating country, in relation to any provision of this Part, means—

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           (a)           a country other than the United Kingdom which is a member State on

a day appointed for the commencement of that provision, and

           (b)           any other country designated by an order made by the Secretary of

State or, in relation to Scotland, the Scottish Ministers.

 

 

Crime (International Co-operation) Bill [HL]
Part 2 — Terrorist acts and threats: jurisdiction

    31

 

     (3)    In this Part, “process”, in relation to England and Wales and Northern Ireland,

means any summons or order issued or made by a court and includes—

           (a)           any other document issued or made by a court for service on parties or

witnesses,

           (b)           any document issued by a prosecuting authority outside the United

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Kingdom for the purposes of criminal proceedings.

     (4)           In this Part, “process”, in relation to service in Scotland, means a citation by a

court or by a prosecuting authority, or an order made by a court, and includes

any other document issued or made as mentioned in subsection (3)(a) or (b).

Part 2

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Terrorist acts and threats: jurisdiction

 52    Jurisdiction for terrorist offences

After section 63 of the Terrorism Act 2000 (c. 11) there is inserted—

“ Extra-territorial jurisdiction for other terrorist offences etc.

       63A  Other terrorist offences under this Act: jurisdiction

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           (1)           If—

                  (a)                 a United Kingdom national or a United Kingdom resident does

anything outside the United Kingdom, and

                  (b)                 his action, if done in any part of the United Kingdom, would

have constituted an offence under section 54 or any of sections

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56 to 61,

                         he shall be guilty in that part of the United Kingdom of the offence.

           (2)           For the purposes of this section and sections 63B and 63C a “United

Kingdom national” means an individual who is—

                  (a)                 a British citizen, a British overseas territories citizen, a British

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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.

           (3)           For the purposes of this section and sections 63B and 63C a “United

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Kingdom resident” means an individual who is resident in the United

Kingdom.

       63B  Terrorist attacks abroad by UK nationals or residents: jurisdiction

           (1)           If—

                  (a)                 a United Kingdom national or a United Kingdom resident does

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anything outside the United Kingdom as an act of terrorism or

for the purposes of terrorism, and

                  (b)                 his action, if done in any part of the United Kingdom, would

have constituted an offence listed in subsection (2),

                         he shall be guilty in that part of the United Kingdom of the offence.

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           (2)           These are the offences—

 

 

Crime (International Co-operation) Bill [HL]
Part 2 — Terrorist acts and threats: jurisdiction

    32

 

                  (a)                 murder, manslaughter, culpable homicide, rape, assault

causing injury, assault to injury, kidnapping, abduction or false

imprisonment,

                  (b)                 an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or

64 of the Offences against the Person Act 1861,

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                  (c)                 an offence under any of sections 1 to 5 of the Forgery and

Counterfeiting Act 1981,

                  (d)                 the uttering of a forged document or an offence under section

46A of the Criminal Law (Consolidation) (Scotland) Act 1995,

                  (e)                 an offence under section 1 or 2 of the Criminal Damage Act

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1971,

                  (f)                 an offence under Article 3 or 4 of the Criminal Damage

(Northern Ireland) Order 1977,

                  (g)                 malicious mischief,

                  (h)                 wilful fire-raising.

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       63C  Terrorist attacks abroad on UK nationals, residents and diplomatic

staff etc: jurisdiction

           (1)           If—

                  (a)                 a person does anything outside the United Kingdom                     as an act of

terrorism or for the purposes of terrorism,

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                  (b)                 his action is done to, or in relation to, a United Kingdom

national, a United Kingdom resident or a protected person, and

                  (c)                 his action, if done in any part of the United Kingdom, would

have constituted an offence listed in subsection (2),

                         he shall be guilty in that part of the United Kingdom of the offence.

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           (2)           These are the offences—

                  (a)                 murder, manslaughter, culpable homicide, rape, assault

causing injury, assault to injury, kidnapping, abduction or false

imprisonment,

                  (b)                 an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or

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64 of the Offences against the Person Act 1861,

                  (c)                 an offence under section 1, 2, 3, 4 or 5(1) or (3) of the Forgery and

Counterfeiting Act 1981,

                  (d)                 the uttering of a forged document or an offence under section

46A(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.

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           (3)           For the purposes of this section and section 63D a person is a protected

person if—

                  (a)                 he is a member of a United Kingdom diplomatic mission within

the meaning of Article 1(b) of the Vienna Convention on

Diplomatic Relations signed in 1961 (as that Article has effect in

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the United Kingdom by virtue of section 2 of and Schedule 1 to

the Diplomatic Privileges Act 1964),

                  (b)                 he is a member of a United Kingdom consular post within the

meaning of Article 1(g) of the Vienna Convention on Consular

Relations signed in 1963 (as that Article has effect in the United

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Kingdom by virtue of section 1 of and Schedule 1 to the

Consular Relations Act 1968),

                  (c)                 he carries out any functions for the purposes of the European

Agency for the Evaluation of Medicinal Products, or

 

 

Crime (International Co-operation) Bill [HL]
Part 2 — Terrorist acts and threats: jurisdiction

    33

 

                  (d)                 he carries out any functions for the purposes of a body specified

in an order made by the Secretary of State.

           (4)           The Secretary of State may specify a body under subsection (3)(d) only

if—

                  (a)                 it is established by or under the Treaty establishing the

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European Community or the Treaty on European Union, and

                  (b)                 the principal place in which its functions are carried out is a

place in the United Kingdom.

           (5)           If in any proceedings a question arises as to whether a person is or was

a protected person, a certificate—

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                  (a)                 issued by or under the authority of the Secretary of State, and

                  (b)                 stating any fact relating to the question,

                         is to be conclusive evidence of that fact.

       63D  Terrorist attacks or threats abroad in connection with UK diplomatic

premises etc: jurisdiction

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           (1)           If—

                  (a)                 a person does anything outside the United Kingdom as an act of

terrorism or for the purposes of terrorism,

                  (b)                 his action is done in connection with an attack on relevant

premises or on a vehicle ordinarily used by a protected person,

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                  (c)                 the attack is made when a protected person is on or in the

premises or vehicle, and

                  (d)                 his action, if done in any part of the United Kingdom, would

have constituted an offence listed in subsection (2),

                         he shall be guilty in that part of the United Kingdom of the offence.

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           (2)           These are the offences—

                  (a)                 an offence under section 1 of the Criminal Damage Act 1971,

                  (b)                 an offence under Article 3 of the Criminal Damage (Northern

Ireland) Order 1977,

                  (c)                 malicious mischief,

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                  (d)                 wilful fire-raising.

           (3)           If—

                  (a)                 a person does anything outside the United Kingdom as an act of

terrorism or for the purposes of terrorism,

                  (b)                 his action consists of a threat of an attack on relevant premises

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or on a vehicle ordinarily used by a protected person,

                  (c)                 the attack is threatened to be made when a protected person is,

or is likely to be, on or in the premises or vehicle, and

                  (d)                 his action, if done in any part of the United Kingdom, would

have constituted an offence listed in subsection (4),

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                         he shall be guilty in that part of the United Kingdom of the offence.

           (4)           These are the offences—

                  (a)                 an offence under section 2 of the Criminal Damage Act 1971,

                  (b)                 an offence under Article 4 of the Criminal Damage (Northern

Ireland) Order 1977,

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                  (c)                 breach of the peace (in relation to Scotland only).

 

 

Crime (International Co-operation) Bill [HL]
Part 2 — Terrorist acts and threats: jurisdiction

    34

 

           (5)           “Relevant premises” means—

                  (a)                 premises at which a protected person resides or is staying, or

                  (b)                 premises which a protected person uses for the purpose of

carrying out his functions as such a person.

       63E  Sections 63B to 63D: supplementary

5

           (1)           Proceedings for an offence which (disregarding the Acts listed in

subsection (2)) would not be an offence apart from section 63B, 63C or

63D are not to be started—

                  (a)                 in England and Wales, except by or with the consent of the

Attorney General,

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                  (b)                 in Northern Ireland, except by or with the consent of the

Advocate General for Northern Ireland.

           (2)           These are the Acts—

                  (a)                 the Internationally Protected Persons Act 1978,

                  (b)                 the Suppression of Terrorism Act 1978,

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                  (c)                 the Nuclear Material (Offences) Act 1983,

                  (d)                 the United Nations Personnel Act 1997.

           (3)           For the purposes of sections 63C and 63D it is immaterial whether a

person knows that another person is a United Kingdom national, a

United Kingdom resident or a protected person.

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           (4)           In relation to any time before the coming into force of section 27(1) of

the Justice (Northern Ireland) Act 2002, the reference in subsection

(1)(b) to the Advocate General for Northern Ireland is to be read as a

reference to the Attorney General for Northern Ireland.”

 53    Jurisdiction for offence under section 113 of the Anti-terrorism, Crime and

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Security Act 2001

After section 113 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use

of noxious substances or things to cause harm and intimidate) there is

inserted—

       “113A  Application of section 113

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           (1)           Section 113 applies to conduct done—

                  (a)                 in the United Kingdom; or

                  (b)                 outside the United Kingdom which satisfies the following two

conditions.

           (2)           The first condition is that the conduct is done for the purpose of

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advancing a political, religious or ideological cause.

           (3)           The second condition is that the conduct is—

                  (a)                 by a United Kingdom national or a United Kingdom resident;

                  (b)                 by any person done to, or in relation to, a United Kingdom

national, a United Kingdom resident or a protected person; or

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                  (c)                 by any person done in circumstances which fall within section

63D(1)(b) and (c) or (3)(b) and (c) of the Terrorism Act 2000.

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    35

 

           (4)           The following expressions have the same meaning as they have for the

purposes of sections 63C and 63D of that Act—

                  (a)                 “United Kingdom national”;

                  (b)                 “United Kingdom resident”;

                  (c)                 “protected person”.

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           (5)           For the purposes of this section it is immaterial whether a person knows

that another is a United Kingdom national, a United Kingdom resident

or a protected person.

       113B  Consent to prosecution for offence under section 113

           (1)           Proceedings for an offence committed under section 113 outside the

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United Kingdom are not to be started—

                  (a)                 in England and Wales, except by or with the consent of the

Attorney General;

                  (b)                 in Northern Ireland, except by or with the consent of the

Advocate General for Northern Ireland.

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           (2)           Proceedings for an offence committed under section 113 outside the

United Kingdom may be taken, and the offence may for incidental

purposes be treated as having been committed, in any part of the

United Kingdom.

           (3)           In relation to any time before the coming into force of section 27(1) of

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the Justice (Northern Ireland) Act 2002, the reference in subsection

(1)(b) to the Advocate General for Northern Ireland is to be read as a

reference to the Attorney General for Northern Ireland.”

Part 3

Road traffic

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Chapter 1

Convention on driving disqualifications

Road traffic offences in UK

 54    Application of section 55

     (1)    Section 55 applies where—

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           (a)           an individual (“the offender”) who is normally resident in a member

State other than the United Kingdom is convicted of an offence

mentioned in Schedule 3,

           (b)           no appeal is outstanding in relation to the offence, and

           (c)           the driving disqualification condition is met in relation to the offence.

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     (2)    The driving disqualification condition is met—

           (a)           in relation to an offence mentioned in Part 1 of Schedule 3, if an order

of disqualification is made in respect of the offence,

           (b)           in relation to an offence mentioned in Part 2 of that Schedule, if an order

of disqualification for a period not less than the minimum period is

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made in respect of the offence.

 

 

Crime (International Co-operation) Bill [HL]
Part 3 — Road traffic
Chapter 1 — Convention on driving disqualifications

    36

 

     (3)    The minimum period is—

           (a)           a period of six months, or

           (b)           where the State in which the offender normally resides is a prescribed

State, a shorter period equal to the period prescribed in relation to the

State.

5

     (4)    Section 55 does not apply in prescribed circumstances.

     (5)    For the purposes of this section no appeal is outstanding in relation to an

offence if—

           (a)           no appeal is brought against an offender’s conviction of the offence, or

any order made on his conviction, within the time allowed for making

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such appeals, or

           (b)           such an appeal is brought and the proceedings on appeal are finally

concluded.

 55    Duty to give notice to foreign authorities of driving disqualification of a non-

UK resident

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     (1)    Where this section applies, the appropriate Minister must give the central

authority of the State in which the offender is normally resident a notice under

this section.

     (2)    A notice under this section must—

           (a)           give the name, address and date of birth of the offender,

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           (b)           give particulars of the offence,

           (c)           state that no appeal is outstanding in relation to it,

           (d)           give particulars of the disqualification,

           (e)           state whether or not the offender took part in the proceedings in which

the disqualification was imposed,

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           (f)           state that the offender has been informed that any decision made for the

purposes of the convention on driving disqualifications will have no

effect on the disqualification.

     (3)    A notice under this section may contain such other information as the

appropriate Minister considers appropriate.

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     (4)    A notice under this section must be accompanied by the original or a certified

copy of the order of disqualification.

     (5)    Where the offender did not take part in the proceedings mentioned in

subsection (2)(e), a notice under this section must also be accompanied by

evidence that the offender was duly notified of those proceedings.

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     (6)    Where the offender is the holder of a Community licence, a notice under this

section must also be accompanied by the licence unless it has been returned to

the driver—

           (a)           under section 91A(7)(b)(ii) of the Road Traffic Offenders Act 1988

(c. 53), or

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           (b)           under Article 92A(7)(b)(ii) of the Road Traffic Offenders (Northern

Ireland) Order 1996 (S.I. 1996/ 1320 (N.I.10)).

     (7)    Where the period of disqualification is reduced by virtue of section 34A of that

Act or Article 36 of that Order, the appropriate Minister must give the central

authority particulars of the reduction.

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