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Anti-social Behaviour, Crime and Policing BillPage 140

Part 4 General

Joint review procedures or co-option arrangements

8 (1) The relevant bodies in two or more local government areas—

(a) 5may jointly make review procedures applicable to those areas;

(b) must secure that such jointly-made review procedures are in place if
co-option arrangements applicable to those areas have been jointly
made under sub-paragraph (2).

(2) The responsible authorities in two or more local government areas—

(a) 10may jointly make co-option arrangements applicable to those areas;

(b) must secure that such jointly-made co-option arrangements are in
place if review procedures applicable to those areas have been jointly
made under sub-paragraph (1).

(3) In a case where review procedures or co-option arrangements are made
15jointly in accordance with this paragraph, a reference to any of the following
in section 96, section 97 or this Schedule is to be read accordingly—

(a) the relevant bodies (in the case of review procedures) or the
responsible authorities (in the case of co-option arrangements);

(b) the local government area or the relevant police area (in either case).

20Different review procedures or co-option arrangements for different parts of an area etc

9 (1) Review procedures may make different provision in relation to different
parts of a local government area.

(2) Review procedures or co-option arrangements made jointly in accordance
with paragraph 8 may make different provision in relation to—

(a) 25different local government areas to which the procedures or
arrangements are applicable, or

(b) different parts of such areas.

Section 113

SCHEDULE 5 Schedule to be inserted as Schedule 4B to the Police Act 1996

Section 64A

30Schedule 1 The Police Remuneration Review Body

Interpretation

1 In this Schedule “review body” means the Police Remuneration
Review Body.

Anti-social Behaviour, Crime and Policing BillPage 141

Members of the review body

2 The Secretary of State shall determine how many members the
review body should have and what kinds of experience the
members should possess.

3 5Members shall hold and vacate office in accordance with the terms
of their appointment.

4 Members shall adhere to any statement of principles issued by the
Secretary of State as to their conduct as members.

Resignation of members

5 (1) 10The chair of the review body may resign by giving written notice
to the Prime Minister.

(2) Resignation may be either—

(a) as chair, or

(b) as both chair and member.

6 (1) 15The deputy chair of the review body may resign by giving written
notice to the Secretary of State.

(2) Resignation may be either—

(a) as deputy chair, or

(b) as both deputy chair and member.

7 20A member other than the chair or deputy chair may resign by
giving written notice to the Secretary of State.

Dismissal of members

8 (1) The Prime Minister may by written notice dismiss the chair on the
ground that—

(a) 25the chair has been adjudged bankrupt, has been made the
subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors;

(b) in the opinion of the Prime Minister the chair is unable,
30unfit or unwilling to perform—

(i) the functions of chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) as chair, or

(b) 35as both chair and member (but only if sub-paragraph (1)(a)
or (b)(ii) applies).

9 (1) The Secretary of State may by written notice dismiss the deputy
chair on the ground that—

(a) the deputy chair has been adjudged bankrupt, has been
40made the subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors;

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(b) in the opinion of the Secretary of State the deputy chair is
unable, unfit or unwilling to perform—

(i) the functions of deputy chair, or

(ii) the functions of a member.

(2) 5Dismissal may be either—

(a) as deputy chair, or

(b) as both deputy chair and member (but only if sub-
paragraph (1)(a) or (b)(ii) applies).

10 The Secretary of State may by written notice dismiss a member
10other than the chair or deputy chair on the ground that—

(a) the member has been adjudged bankrupt, has been made
the subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors, or

(b) 15in the opinion of the Secretary of State the member is
unable, unfit or unwilling to perform the functions of a
member.

Procedure

11 (1) Subject to sub-paragraph (2), the review body shall determine its
20own procedure.

(2) The Secretary of State may give directions to the review body as to
its procedure, including in particular directions about—

(a) the persons from whom the review body is to obtain
evidence;

(b) 25the procedure for obtaining evidence.

(3) The validity of proceedings of the review body is not affected by—

(a) a vacancy in its membership (including a vacancy in the
position of chair);

(b) a defect in a person’s appointment.

30Matters to be considered

12 The Secretary of State may give directions to the review body
about the matters that it is to consider when making decisions.

Consultation

13 (1) The Secretary of State shall consult with the persons and bodies
35listed in sub-paragraph (2), and any others that the Secretary of
State thinks fit, before—

(a) making or revising a determination under paragraph 2;

(b) issuing or revising a statement of principles under
paragraph 4;

(c) 40giving or revising a direction under paragraph 11(2) or 12.

(2) The persons and bodies are—

(a) the Department of Justice in Northern Ireland;

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(b) persons whom the Secretary of State considers to represent
the views of chief officers of police and of the Chief
Constable of the Police Service of Northern Ireland;

(c) persons whom the Secretary of State considers to represent
5the interests of members of police forces;

(d) persons whom the Secretary of State considers to represent
the interests of members of the Police Service of Northern
Ireland;

(e) persons whom the Secretary of State considers to represent
10the views of the persons and bodies who between them
maintain the police forces in England and Wales;

(f) the Northern Ireland Policing Board.

(3) The Secretary of State shall consult with the Department of Justice
in Northern Ireland before exercising a power of dismissal under
15paragraph 8, 9 or 10.

Publication

14 The Secretary of State shall arrange for the publication of—

(a) a statement of any determination made under paragraph 2
(and of any revised determination);

(b) 20any statement of principles issued under paragraph 4 (and
any revised statement);

(c) any direction given under paragraph 11(2) or 12 (and any
revised direction).

Money

15 25The Secretary of State or the Department of Justice in Northern
Ireland—

(a) may defray expenses incurred by the review body;

(b) may pay remuneration and allowances to members;

(c) may make payments to or in respect of a member by way
30of or in connection with—

(i) a pension;

(ii) an allowance or gratuity on retirement or death;

(d) may pay compensation to a person who ceases to be a
member if it seems to the Secretary of State or the
35Department to be right to do so by reason of special
circumstances.

Section 126

SCHEDULE 6 Powers to seize invalid passports etc

Interpretation

1 (1) 40In this Schedule “examining officer” means—

(a) a constable,

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(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) 5In 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) 10For 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) 15it has undergone an unauthorised alteration.

(4) In this Schedule “port” means—

(a) an airport,

(b) a sea port,

(c) a hoverport,

(d) 20a 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
25Great 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) 30entering 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) 35to 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
40person 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
45have been travelling or to be about to travel.

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(4) An examining officer may stop a person or vehicle for the purposes of
exercising a power 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
5that 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
10person 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) 15The 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) 20to 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) 25the 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.

30Retention 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) 35is 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
40the 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
45person, intends to use it for purposes for which it is no longer valid.

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(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.

General

5 (1) 5An examining officer may if necessary use reasonable force for the purpose
of exercising a power under paragraph 2 or 3.

(2) An examining officer may authorise a person to carry out on the officer’s
behalf a search under paragraph 2 or 3.

Offences

6 (1) 10A 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) 15A 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,

20or to both.

7 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 6, or

(b) 25section 4 or 6 of the Identity Documents Act 2010.

Section 127

SCHEDULE 7 Port and border controls

Examining officers

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

(2) 30In 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
35issue a code of practice about—

(a) training to be undertaken by constables, immigration
officers and customs officers who are to act as examining

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officers or exercise other functions under this Schedule,
and

(b) the procedure for making designations under paragraph
1(1)(b) and (c).

(2) 5In 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
10police area in which the persons designated would act as
examining officers,

(b) in Scotland, the Chief Constable of the Police Service for
Scotland, and

(c) in Northern Ireland, the Chief Constable of the Police
15Service for 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) 20This 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) 25If 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—

Powers to search persons

3 In paragraph 8 of Schedule 7 to the Terrorism Act 2000, after sub-paragraph
35(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) 40the 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

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(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
5higher 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
10officer of a higher grade than the examining officer.

(7) In this paragraph—

20Power 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) 25The 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) 30The 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) 35while 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) 40Schedule 8 to the Terrorism Act 2000 is amended as follows.

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

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

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

(5) 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”.

(6) 5In 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)”.

(7) 10In paragraph 17(1)—

(a) for “An officer” there is substituted “A police officer”;

(b) after “uniformed” there is inserted “police”.

(8) In paragraph 18—

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

(b) 15after 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)
20Act 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) 25In 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) 30The 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) 35In Schedule 8, after Part 1 there is inserted—

(1) The Secretary of State must under paragraph 6 of Schedule 14
issue a code of practice about the periodic review by a review
officer of a person’s detention under Schedule 7.

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Contents page 45-49 50-59 60-68 70-79 80-88 90-99 100-109 110-119 120-129 130-139 140-149 150-159 160-168 Last page