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


 
 

41

 
 

“(2C)  

Before a chief officer of police makes a designation applying

 

this paragraph to any person and specifying or describing an

 

offence listed in sub-paragraph (2B)(b)(i), the officer shall

 

consult every local authority any part of whose area lies within

 

the officer’s police area.

 

    (2D)  

In paragraph (2C) “local authority” means—

 

(a)    

in relation to England, a district council, a London

 

borough council, the Common Council of the City of

 

London or the Council of the Isles of Scilly; and

 

(b)    

in relation to Wales, a county council or a county

 

borough council.”

 

General power of seizure

 

4          

After paragraph 2A there is inserted—

 

“General power of seizure

 

2B         

Where a designation applies this paragraph to any person—

 

(a)    

that person shall, when lawfully on any premises in the

 

relevant police area, have the same powers as a

 

constable under section 19 of the 1984 Act (general

 

powers of seizure) to seize things;

 

(b)    

that person shall also have the powers of a constable to

 

impose a requirement by virtue of subsection (4) of that

 

section in relation to information accessible from such

 

premises;

 

(c)    

subsection (6) of that section (protection for legally

 

privileged material from seizure) shall have effect in

 

relation to the seizure of anything by that person by

 

virtue of sub-paragraph (a) as it has effect in relation to

 

the seizure of anything by a constable;

 

(d)    

section 21(1) and (2) of that Act (provision of record of

 

seizure) shall have effect in relation to the seizure of

 

anything by that person in exercise of the power

 

conferred on him by virtue of sub-paragraph (a) as if

 

the references to a constable and to an officer included

 

references to that person; and

 

(e)    

sections 21(3) to (8) and 22 of that Act (access, copying

 

and retention) shall have effect in relation to anything

 

seized by that person in exercise of that power or taken

 

away by him following the imposition of a

 

requirement by virtue of sub-paragraph (b)—

 

(i)    

as they have effect in relation to anything

 

seized in exercise of the power conferred on a

 

constable by section 19(2) or (3) of that Act or

 

taken away by a constable following the

 

imposition of a requirement by virtue of section

 

19(4) of that Act; and

 

(ii)    

as if the references to a constable in subsections

 

(3), (4) and (5) of section 21 included references

 

to a person to whom this paragraph applies.”


 
 

42

 
 

Powers with regard to charity collectors

 

5          

After paragraph 3A there is inserted—

 

“Power to require name and address etc: charity collectors

 

3B         

Where a designation applies this paragraph to any person, that

 

person shall, in the relevant police area, have the powers of a

 

constable—

 

(a)    

under section 6 of the House to House Collections Act

 

1939 to require a person to give his name and address

 

and to sign his name; and

 

(b)    

under regulations under section 4 of that Act to require

 

a person to produce his certificate of authority.”

 

Power to stop cycles

 

6          

In paragraph 11A (power to stop cycles), in sub-paragraph (2), for the

 

words after “has committed an offence” there is substituted “listed in

 

paragraph 1(2B)(a) to (e), (f)(i) or (g)”.”

Schedule 9

168

Page 181, line 13, leave out paragraph 31 and insert—

 

“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 (Meaning of “anti-social behaviour”) of the Anti-social

 

Behaviour, Crime and Policing Act 2014 (ignoring subsection (2)

 

of that section).””

169

Page 192, line 44, at end insert—

 

“Armed Forces Act 2006 (c. 52)

 

            

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)

 

    (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.”

170

Page 193, line 21, at end insert—


 
 

43

 
 

“Police and Criminal Evidence Act 1984 (c. 60)

 

    (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.””

171

Page 196, line 21, at end insert—

 

“Police Reform Act 2002 (c. 30)

In Schedule 4, in paragraph 1(2),

 
  

the word “and” at the end of

 
  

paragraph (ca).”

 

 
 

44

172

Page 196, leave out lines 22 and 23

173

Page 197, line 2, at end insert—

 

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

 

            

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)”.”

174

Page 199, line 11, at end insert—

 

“   (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.”

175

Page 199, line 28, at end insert—

 

“section 189E(1)(b);””

176

Page 199, line 28, at end insert—

 

“          

In section 226 of that Act (extent), in subsection (2), after “Sections” there

 

is inserted “151B,”.”

In the Title

177

Line 3, after “1991,” insert “the Police Act 1997,”

178

Line 4, leave out “and the Extradition Act 2003” and insert “, the Extradition Act

 

2003 and Part 3 of the Police Reform and Social Responsibility Act 2011”

179

Line 4, after “firearms” insert “, about sexual harm and violence”

180

Line 6, after “Office;” insert “to make provision about invalid travel documents;”


 
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Revised 28 January 2014