House of Commons portcullis
House of Commons
Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords amendments to the Anti-social Behaviour, Crime and Policing Bill


 
 

16

 
 

by the Secretary of State”

95

Page 98, line 17, leave out “College of Policing” and insert “regulations”

96

Page 98, line 20, leave out “College of Policing” and insert “regulations”

97

Page 98, leave out lines 21 to 23 and insert—

 

“(3D)    

The College of Policing must recommend to the Secretary of State

 

matters to be designated under this section.

 

(3E)    

The Secretary of State may make regulations under this section only

 

if they give effect to a recommendation under subsection (3D).””

Before Clause 130

98

Insert the following new Clause—

 

“Power to take further fingerprints or non-intimate samples

 

(1)    

In section 61 of the Police and Criminal Evidence Act 1984

 

(fingerprinting)—

 

(a)    

in subsections (5A) and (5B), for the words after “investigation” in

 

paragraph (b) there is substituted “but

 

(i)    

subsection (3A)(a) or (b) above applies, or

 

(ii)    

subsection (5C) below applies.”;

 

(b)    

after subsection (5B) there is inserted—

 

“(5C)    

This subsection applies where—

 

(a)    

the investigation was discontinued but

 

subsequently resumed, and

 

(b)    

before the resumption of the investigation the

 

fingerprints were destroyed pursuant to section

 

63D(3) below.”

 

(2)    

In section 63 of that Act (non-intimate samples)—

 

(a)    

at the end of subsection (3ZA)(b) there is inserted “, or

 

(iii)    

subsection (3AA) below applies.”;

 

(b)    

in subsection (3A)(b), for “insufficient; or” there is substituted

 

“insufficient, or

 

(iii)    

subsection (3AA) below applies; or”;

 

(c)    

after subsection (3A) there is inserted—

 

“(3AA)    

This subsection applies where the investigation was

 

discontinued but subsequently resumed, and before the

 

resumption of the investigation—

 

(a)    

any DNA profile derived from the sample was

 

destroyed pursuant to section 63D(3) below, and

 

(b)    

the sample itself was destroyed pursuant to section

 

63R(4), (5) or (12) below.””

99

Insert the following new Clause—


 
 

17

 
 

“Power to retain fingerprints or DNA profile in connection with different

 

offence

 

(1)    

For section 63P of the Police and Criminal Evidence Act 1984 (section 63D

 

material obtained for one purpose and used for another) there is

 

substituted—

 

“63P  

Retention of 63D material in connection with different offence

 

(1)    

Subsection (2) applies if—

 

(a)    

section 63D material is taken (or, in the case of a DNA

 

profile, derived from a sample taken) from a person in

 

connection with the investigation of an offence, and

 

(b)    

the person is subsequently arrested for or charged with a

 

different offence, or convicted of or given a penalty notice

 

for a different offence.

 

(2)    

Sections 63E to 63O and sections 63Q and 63T have effect in relation

 

to the material as if the material were also taken (or, in the case of a

 

DNA profile, derived from a sample taken)—

 

(a)    

in connection with the investigation of the offence

 

mentioned in subsection (1)(b),

 

(b)    

on the date on which the person was arrested for that

 

offence (or charged with it or given a penalty notice for it, if

 

the person was not arrested).”

 

(2)    

The amendment made by subsection (1) applies even where the event

 

referred to in subsection (1)(b) of the substituted section 63P occurs before

 

the day on which this section comes into force.”

Clause 132

100

Page 102, line 40, leave out “which amends” and insert “amendments of or relating

 

to”

Clause 133

101

Page 102, line 44, leave out from “Service),” to end of line 5 on page 103 and insert

 

“after subsection (3) there is inserted—

 

“(3A)    

This section applies to the Serious Fraud Office as it applies to the Crown

 

Prosecution Service.””

After Clause 133

102

Insert the following new Clause—

 

“Jurisdiction 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—


 
 

18

 
 

“(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.””

Clause 135

103

Leave out Clause 135 and insert the following new Clause—

 

         

“Powers of community support officers

 

Schedule (Powers of community support officers) (which amends Part 1 of

 

Schedule 4 to the Police Reform Act 2002) has effect.”

After Clause (Powers of community support officers)

104

Insert the following new Clause—

 

“Use of amplified noise equipment in vicinity of the Palace of Westminster

 

(1)    

The Police Reform and Social Responsibility Act 2011 is amended as

 

follows.

 

(2)    

After section 142 there is inserted—

 

“142A

Other controlled areas in vicinity of the Palace of Westminster

 

(1)    

For the purposes of this Part, the “Palace of Westminster controlled

 

area” means the area of land in the City of Westminster that is

 

comprised in—

 

(a)    

the highways in the postal district SW1 known as—

 

(i)    

Bridge Street,

 

(ii)    

St Margaret’s Street, and

 

(iii)    

Abingdon Street,

 

(b)    

so much of the highway in the postal district SW1 known as

 

Great College Street as immediately adjoins Abingdon

 

Street Garden,

 

(c)    

Old Palace Yard,

 

(d)    

Abingdon Street Garden (and its pathways), and

 

(e)    

Victoria Tower Gardens.

 

(2)    

In subsection (1)—

 

“Abingdon Street Garden” means the garden constructed on

 

the sites of properties formerly known as 18 to 28 (both

 

inclusive) Abingdon Street, London, SW1, together with the

 

garden surrounding the adjoining Jewel Tower and the

 

lawn surrounding the King George V Memorial;

 

“highway” has the same meaning as in the Highways Act 1980

 

(see section 328 of that Act);

 

“Old Palace Yard” includes the King George V Memorial.”

 

(3)    

In section 143 (prohibited activities in controlled area of Parliament

 

Square)—

 

(a)    

in the title, at the end there is inserted “or in Palace of Westminster

 

controlled area”, and


 
 

19

 
 

(b)    

in subsection (2)(a) after “Parliament Square” there is inserted “or in

 

the Palace of Westminster controlled area”.

 

(4)    

In section 144 (directions under section 143: further provision), in

 

subsection (5) after “Parliament Square” there is inserted “, or the Palace of

 

Westminster controlled area,”.

 

(5)    

In section 145 (power to seize property)—

 

(a)    

in subsection (1) at the end there is inserted “in that area”,

 

(b)    

after that subsection there is inserted—

 

“(1A)    

A constable or authorised officer may seize and retain a

 

prohibited item that is on any land in the Palace of

 

Westminster controlled area if it appears to that constable or

 

officer that the item is being, or has been, used in connection

 

with the commission of an offence under section 143 in that

 

area.”,

 

(c)    

in subsection (2) at the end there is inserted “in that area”,

 

(d)    

after that subsection there is inserted—

 

“(2A)    

A constable may seize and retain a prohibited item that is on

 

any land outside of the Palace of Westminster controlled

 

area if it appears to the constable that the item has been used

 

in connection with the commission of an offence under

 

section 143 in that area.”, and

 

(e)    

in subsection (8), for “subsections (1) and (2)” there is substituted

 

“this section”.

 

(6)    

In section 146 (power of court on conviction)—

 

(a)    

in subsection (1)(b) for “the controlled area of Parliament Square”

 

there is substituted “a relevant area”,

 

(b)    

in subsection (2) for “the controlled area of Parliament Square”

 

there is substituted “a relevant area”, and

 

(c)    

after that subsection there is inserted—

 

“(2A)    

In this section “relevant area” means an area consisting of

 

either or both of the following areas—

 

(a)    

the controlled area of Parliament Square, and

 

(b)    

the Palace of Westminster controlled area.”

 

(7)    

In section 147 (authorisation for operation of amplified noise equipment),

 

in subsection (1)—

 

(a)    

after “Parliament Square” there is inserted “or the Palace of

 

Westminster controlled area”, and

 

(b)    

after “that land” there is inserted “(or any part of it)”.

 

(8)    

In section 148 (meaning of “authorised officer” and “responsible

 

authority”)—

 

(a)    

in subsection (2) after “Parliament Square” there is inserted “, or in

 

relation to any land in the Palace of Westminster controlled area

 

other than Royal Park land,”, and

 

(b)    

after subsection (3) there is inserted—

 

“(4)    

“Responsible authority”, in relation to any land in the Palace

 

of Westminster controlled area, means—

 

(a)    

the Secretary of State, for any land comprised in

 

Royal Park land;


 
 

20

 
 

(b)    

Westminster City Council, for any other land.

 

(5)    

In this section “Royal Park land” means any land of a

 

description specified in Schedule 1 to the Royal Parks and

 

Other Open Spaces Regulations 1997 (S.I. 1997/1639), as

 

that Schedule has effect on the day on which the Anti-social

 

Behaviour, Crime and Policing Act 2014 is passed.”

 

(9)    

In section 149 (effect of Part on byelaws), in subsection (3), after

 

“Parliament Square” there is inserted “or the Palace of Westminster

 

controlled area”.

 

(10)    

In the italic cross-heading before section 142, for “Garden and adjoining

 

pavements” there is substituted “etc”.

 

(11)    

In the title of Part 3, for “Garden and surrounding area” there is substituted

 

“etc”.”

105

Insert the following new Clause—

 

“Littering from vehicles

 

(1)    

The Environmental Protection Act 1990 is amended as follows.

 

(2)    

After section 88 (fixed penalty notices for leaving litter) there is inserted—

 

“88A  

Littering from vehicles: civil penalty regime

 

(1)    

The Secretary of State may make regulations under which the

 

keeper of a vehicle may be required to pay a fixed penalty to a litter

 

authority where there is reason to believe that a littering offence in

 

England has been committed in respect of the vehicle.

 

(2)    

A littering offence is committed in respect of a vehicle if an offence

 

under section 87(1) occurs as a result of litter being thrown,

 

dropped or otherwise deposited from the vehicle (whether or not

 

by the vehicle’s keeper).

 

(3)    

Regulations under this section must make provision—

 

(a)    

setting the amount of fixed penalties or specifying how the

 

amount is to be determined;

 

(b)    

about the period within which fixed penalties must be paid;

 

(c)    

for payment within that period of a fixed penalty imposed

 

for a littering offence committed in respect of a vehicle to

 

discharge any liability for conviction for the offence

 

(whether on the part of the keeper or anybody else);

 

(d)    

for a fixed penalty to be payable by the keeper of a vehicle

 

only if a written notice is given to the keeper (“a penalty

 

notice”);

 

(e)    

about the persons authorised to give penalty notices;

 

(f)    

about the procedure to be followed in giving penalty

 

notices;

 

(g)    

about the form and content of penalty notices;

 

(h)    

conferring rights to make representations about, and to

 

bring appeals against, penalty notices.


 
 

21

 
 

(4)    

Provision under subsection (3)(e) may authorise a person to give a

 

penalty notice for a littering offence committed in respect of a

 

vehicle only if—

 

(a)    

the person is under a duty under section 89(1) in respect of

 

the land where the offence is committed (and that person is

 

a “litter authority” in relation to a fixed penalty payable

 

under the regulations), or

 

(b)    

the person is an authorised officer of a litter authority,

 

    

and regulations under this section may include provision about the

 

meaning of “authorised officer”.

 

(5)    

Regulations under this section may include provision—

 

(a)    

for the enforcement of penalty notices (and such provision

 

may in particular authorise an unpaid fixed penalty to be

 

recovered summarily as a civil debt or as if payable under

 

an order of a court if the court so orders);

 

(b)    

about the application of sums paid under penalty notices

 

(and such provision may in particular authorise sums paid

 

to a litter authority to be applied for the purposes of such

 

functions of the authority as the regulations may specify);

 

(c)    

about the application of the regulations to keepers of

 

vehicles in the public service of the Crown.

 

(6)    

Regulations under this section may, in consequence of any

 

provision contained in the regulations, amend—

 

(a)    

this Part, or

 

(b)    

Part 2 of the London Local Authorities Act 2007.

 

(7)    

Regulations under this section may—

 

(a)    

make provision corresponding or similar to any provision

 

made by or under section 88;

 

(b)    

make provision subject to exceptions;

 

(c)    

include saving, transitional, transitory, supplementary or

 

consequential provision.

 

(8)    

Provision of the kind mentioned in subsection (7)(a) may include

 

provision—

 

(a)    

conferring a discretion on a litter authority, subject to such

 

constraints or limitations as the regulations may specify

 

(whether or not of a corresponding or similar kind to those

 

mentioned in section 97A(2));

 

(b)    

creating an offence of the kind mentioned in section 88(8B)

 

and (8C),

 

    

but may not include provision conferring power on a person to

 

make orders or regulations.

 

(9)    

In this section—

 

“keeper”, in relation to a vehicle, means the person by whom

 

the vehicle is kept at the time when the littering offence in

 

question occurs, which in the case of a registered vehicle is

 

to be presumed, unless the contrary is proved, to be the

 

registered keeper;

 

“litter authority” has the meaning given in subsection (4)(a);

 

“registered keeper”, in relation to a registered vehicle, means

 

the person in whose name the vehicle is registered;


 
 

22

 
 

“registered vehicle” means a vehicle which is for the time

 

being registered under the Vehicle Excise and Registration

 

Act 1994;

 

“vehicle” means a mechanically-propelled vehicle or a vehicle

 

designed or adapted for towing by a mechanically-

 

propelled vehicle.”

 

(3)    

In section 161 (regulations, orders and directions), after subsection (2ZA)

 

there is inserted—

 

“(2ZB)    

Subsection (2) does not apply to a statutory instrument containing

 

regulations under section 88A if the regulations—

 

(a)    

are the first set of regulations to be made under that section,

 

or

 

(b)    

include provision falling within subsection (3)(a) or (6) of

 

that section.

 

(2ZC)    

A statutory instrument to which subsection (2) does not apply by

 

virtue of subsection (2ZB) may not be made unless a draft of the

 

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

 

each House of Parliament.””

Clause 138

106

Page 106, line 5, at end insert—

 

“( )    

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.””

After Clause 145

107

Insert the following new Clause—

 

“Extradition 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—


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2014
Revised 28 January 2014