Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 5 — Police, customs and immigration powers
Part 7 — Offences relating to designations
73

      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a)
imprisonment for a term not exceeding—
(i)
51 weeks on conviction in England and Wales;
(ii)
12 months on conviction in Scotland;
5
(iii)
1 month on conviction in Northern Ireland;
(b)
a fine not exceeding level 3 on the standard scale.
Assault on designated officers etc
22    (1)
A person commits an offence if the person assaults—
(a)
a designated officer acting in the exercise of an operational power, or
10
(b)
a person who is assisting a designated officer in the exercise of such
a power.
      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a)
imprisonment for a term not exceeding—
15
(i)
51 weeks on conviction in England and Wales;
(ii)
12 months on conviction in Scotland;
(iii)
6 months on conviction in Northern Ireland;
(b)
a fine not exceeding level 5 on the standard scale.
Impersonation of designated officer etc
20
23    (1)
A person commits an offence if, with intent to deceive—
(a)
the person impersonates a designated officer,
(b)
the person makes any statement or does any act calculated falsely to
suggest that the person is a designated officer, or
(c)
the person makes any statement or does any act calculated falsely to
25
suggest that the person has powers as a designated officer that
exceed the powers the person actually has.
      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a)
imprisonment for a term not exceeding—
30
(i)
51 weeks on conviction in England and Wales;
(ii)
12 months on conviction in Scotland;
(iii)
6 months on conviction in Northern Ireland;
(b)
a fine not exceeding level 5 on the standard scale.
Transitional provision relating to offences
35
24
In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary
offences)—
(a)
the reference in paragraph 21(2)(a)(i) to the period of 51 weeks is to
be read as a reference to the period of 1 month;
40
(b)
the references in paragraphs 22(2)(a)(i) and 23(2)(a)(i) to the period
of 51 weeks are to be read as references to the period of 6 months.

Crime and Courts Bill [HL]
Schedule 5 — Police, customs and immigration powers
Part 8 — General
74

Part 8
General
Payment of revenue to the Commissioners
25    (1)
The Director General must pay to the Commissioners any money received
by way of proceeds of forfeitures—
5
(a)
by the Director General in the exercise of any power of the
Commissioners, or
(b)
by the Director General or any other NCA officer in the exercise of
any power of an officer of Revenue and Customs.
      (2)
In this section “proceeds of forfeitures” means—
10
(a)
the proceeds of forfeitures made under the customs and excise Acts
(within the meaning of section 1 of the Customs and Excise
Management Act 1979), and
(b)
a sum paid, or the proceeds of sale, under paragraph 16 of Schedule
3 to that Act.
15
Modification of references
26
If, in accordance with section 8(1) or any provision of this Schedule—
(a)
a power of the Commissioners is exercisable by the Director General,
a reference to the Commissioners in any enactment which relates to
that power is to be taken to be, or to include, a reference to the
20
Director General;
(b)
a power or privilege of a constable is exercisable by any NCA officer,
a reference to a constable in any enactment which relates to that
power or privilege is to be taken to be, or to include, a reference to
any NCA officer by whom that power or privilege is exercisable;
25
(c)
a power of an officer of Revenue and Customs is exercisable by any
NCA officer, a reference to an officer of Revenue and Customs in any
enactment which relates to that power is to be taken to be, or to
include, a reference to any NCA officer by whom that power is
exercisable;
30
(d)
a power of an immigration officer is exercisable by any NCA officer,
a reference to an immigration officer in any enactment which relates
to that power is to be taken to be, or to include, a reference to any
NCA officer by whom that power is exercisable.
Power to make further provision
35
27    (1)
The relevant national authority may, by order, make such provision as that
authority considers appropriate in consequence of—
(a)
the Director General having the powers of the Commissioners under
section 8(1), or
(b)
designated officers having operational powers.
40
      (2)
An order under this paragraph may, in particular—
(a)
provide for the Director General or designated officers to benefit
from exemptions or other protection in respect of the exercise of
operational powers;

Crime and Courts Bill [HL]
Schedule 5 — Police, customs and immigration powers
Part 8 — General
75

(b)
provide for the disclosure of information to, or the doing of other
things in relation to, the Director General or designated officers;
(c)
confer functions on the Director General or any other person;
(d)
provide for a class of NCA officers (whether identified by reference
to a grade or pay scale or otherwise) to be treated as the equivalent
5
of—
(i)
one or more ranks in a UK police force;
(ii)
one or more grades of, or pay scales applicable to, officers of
Revenue and Customs;
(iii)
one or more grades of, or pay scales applicable to,
10
immigration officers.
      (3)
In this paragraph “designated officers” includes a description of such
officers.
Functions of third parties relating to constables etc: extension to NCA
28    (1)
The relevant national authority may, by order, provide for a relevant
15
function of a person to be exercisable by that person in relation to—
(a)
the NCA,
(b)
the Director General, or
(c)
NCA officers (or any description of NCA officers).
      (2)
In this paragraph “relevant function” means a function exercisable by any
20
person in relation to—
(a)
a constable,
(b)
a UK police force,
(c)
an officer of Revenue and Customs,
(d)
the Commissioners, or
25
(e)
an immigration officer.
General provision about orders
29    (1)
The power to make an order under paragraph 27 or 28 may, in particular, be
exercised by—
(a)
amending, repealing, revoking or otherwise modifying any
30
provision made by or under an enactment, or
(b)
applying an enactment (with or without modifications).
      (2)
The Secretary of State must consult—
(a)
the Commissioners before exercising the power conferred by
paragraph 27 or 28 in relation to an enactment which (expressly or
35
otherwise) confers any function on the Commissioners or an officer
of Revenue and Customs;
(b)
the Scottish Ministers before exercising the power conferred by
paragraph 27 or 28 in relation to an enactment which extends to
Scotland;
40
(c)
the Department of Justice in Northern Ireland before exercising the
power conferred by paragraph 27 or 28 in relation to an enactment
which extends to Northern Ireland.
      (3)
In this paragraph “enactment” includes a description of enactments.

Crime and Courts Bill [HL]
Schedule 5 — Police, customs and immigration powers
Part 8 — General
76

Interpretation
30
In this Schedule—
“Commissioners” means the Commissioners for Her Majesty’s
Revenue and Customs;
“designated officer” means the Director General or any other NCA
5
officer if designated as having operational powers;
“designation” means—
(a)
a designation of the Director General under section 8, or
(b)
a designation of any other NCA officer under section 9;
and “designated” and cognate expressions are to be construed
10
accordingly;
“limitation” means a limitation included in a designation under
paragraph 6;
“Northern Ireland devolved provision”, in relation to provision of an
order under this Schedule, means provision which would be within
15
the legislative competence of the Northern Ireland Assembly if
contained in an Act of the Northern Ireland Assembly;
“powers and privileges of a constable that are exercisable overseas”
means the powers and privileges of a constable if, and to the extent
that, they are exercisable outside the United Kingdom and the
20
United Kingdom waters;
“powers and privileges of an English and Welsh constable” means the
powers and privileges of a constable if, and to the extent that, they
are exercisable in England and Wales or the adjacent United
Kingdom waters;
25
“powers and privileges of a Northern Ireland constable” means the
powers and privileges of a constable if, and to the extent that, they
are exercisable in Northern Ireland or the adjacent United Kingdom
waters;
“powers and privileges of a Scottish constable” means the powers and
30
privileges of a constable if, and to the extent that, they are exercisable
in Scotland or the adjacent United Kingdom waters;
“relevant national authority”, in relation to a power to make an order
under this Schedule, means—
(a)
the Secretary of State, except in relation to Scottish devolved
35
provision and Northern Ireland devolved provision;
(b)
the Scottish Ministers, in relation to Scottish devolved
provision;
(c)
the Department of Justice in Northern Ireland, in relation to
Northern Ireland devolved provision;
40
“Scottish devolved provision”, in relation to provision of an order
under this Schedule, means provision that would be within the
legislative competence of the Scottish Parliament if contained in an
Act of the Scottish Parliament, except for any provision of the kind
referred to in paragraph 27(2)(d);
45
“United Kingdom waters” means the sea and other waters within the
seaward limits of the United Kingdom’s territorial sea.