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| |
| | |
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| “(2C) | Before a chief officer of police makes a designation applying |
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| this paragraph to any person and specifying or describing an |
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| offence listed in sub-paragraph (2B)(b)(i), the officer shall |
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| consult every local authority any part of whose area lies within |
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| the officer’s police area. |
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| (2D) | In paragraph (2C) “local authority” means— |
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| (a) | in relation to England, a district council, a London |
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| borough council, the Common Council of the City of |
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| London or the Council of the Isles of Scilly; and |
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| (b) | in relation to Wales, a county council or a county |
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| |
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| 4 | After paragraph 2A there is inserted— |
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| “General power of seizure |
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| 2B | Where a designation applies this paragraph to any person— |
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| (a) | that person shall, when lawfully on any premises in the |
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| relevant police area, have the same powers as a |
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| constable under section 19 of the 1984 Act (general |
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| powers of seizure) to seize things; |
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| (b) | that person shall also have the powers of a constable to |
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| impose a requirement by virtue of subsection (4) of that |
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| section in relation to information accessible from such |
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| |
| (c) | subsection (6) of that section (protection for legally |
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| privileged material from seizure) shall have effect in |
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| relation to the seizure of anything by that person by |
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| virtue of sub-paragraph (a) as it has effect in relation to |
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| the seizure of anything by a constable; |
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| (d) | section 21(1) and (2) of that Act (provision of record of |
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| seizure) shall have effect in relation to the seizure of |
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| anything by that person in exercise of the power |
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| conferred on him by virtue of sub-paragraph (a) as if |
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| the references to a constable and to an officer included |
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| references to that person; and |
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| (e) | sections 21(3) to (8) and 22 of that Act (access, copying |
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| and retention) shall have effect in relation to anything |
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| seized by that person in exercise of that power or taken |
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| away by him following the imposition of a |
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| requirement by virtue of sub-paragraph (b)— |
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| (i) | as they have effect in relation to anything |
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| seized in exercise of the power conferred on a |
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| constable by section 19(2) or (3) of that Act or |
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| taken away by a constable following the |
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| imposition of a requirement by virtue of section |
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| |
| (ii) | as if the references to a constable in subsections |
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| (3), (4) and (5) of section 21 included references |
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| to a person to whom this paragraph applies.” |
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| |
| | |
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| Powers with regard to charity collectors |
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| 5 | After paragraph 3A there is inserted— |
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| “Power to require name and address etc: charity collectors |
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| 3B | Where a designation applies this paragraph to any person, that |
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| person shall, in the relevant police area, have the powers of a |
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| |
| (a) | under section 6 of the House to House Collections Act |
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| 1939 to require a person to give his name and address |
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| and to sign his name; and |
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| (b) | under regulations under section 4 of that Act to require |
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| a person to produce his certificate of authority.” |
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| |
| 6 | In paragraph 11A (power to stop cycles), in sub-paragraph (2), for the |
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| words after “has committed an offence” there is substituted “listed in |
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| paragraph 1(2B)(a) to (e), (f)(i) or (g)”.” |
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168 | Page 181, line 13, leave out paragraph 31 and insert— |
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| “31(1) | Section 50 of the Police Reform Act 2002 (power of constable to require |
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| person acting in an anti-social manner to give name and address) is |
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| |
| (2) | In subsection (1) the words “(within the meaning of section 1 of the |
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| Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)” are |
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| |
| (3) | After that subsection there is inserted— |
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| “(1A) | In subsection (1) “anti-social behaviour” has the meaning given |
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| by section (Meaning of “anti-social behaviour”) of the Anti-social |
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| Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) |
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| |
169 | Page 192, line 44, at end insert— |
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| “Armed Forces Act 2006 (c. 52) |
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| | In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing |
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| powers where election for trial by that court instead of CO), paragraph |
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| 13(2) and (3) (service sexual offences prevention orders) is repealed. |
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| Armed Forces Act 2011 (c. 18) |
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| (1) | Section 17 of the Armed Forces Act 2011 (service sexual offences |
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| prevention orders) is repealed. |
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| (2) | In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is |
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| |
170 | Page 193, line 21, at end insert— |
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| |
| | |
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| “Police and Criminal Evidence Act 1984 (c. 60) |
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| (1) | Schedule 2A to the Police and Criminal Evidence Act 1984 |
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| (fingerprinting and samples: power to require attendance at police |
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| station) is amended as follows. |
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| (2) | In paragraph 1 (fingerprinting: persons arrested and released)— |
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| (a) | in sub-paragraph (2), for “section 61(5A)(b)” there is substituted |
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| |
| (b) | after sub-paragraph (3) there is inserted— |
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| “(4) | The power under sub-paragraph (1) above may not be |
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| exercised in a case falling within section 61(5A)(b)(ii) |
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| (fingerprints destroyed where investigation |
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| interrupted) after the end of the period of six months |
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| beginning with the day on which the investigation was |
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| |
| (3) | In paragraph 2 (fingerprinting: persons charged etc)— |
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| (a) | in sub-paragraph (2)(b), for “section 61(5B)(b)” there is |
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| substituted “section 61(5B)(b)(i)”; |
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| (b) | at the end of sub-paragraph (2) there is inserted “, or |
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| (c) | in a case falling within section 61(5B)(b)(ii) |
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| (fingerprints destroyed where investigation |
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| interrupted), the day on which the |
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| investigation was resumed.” |
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| (4) | In paragraph 9 (non-intimate samples: persons arrested and released)— |
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| (a) | in sub-paragraph (2), for “within section 63(3ZA)(b)” there is |
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| substituted “within section 63(3ZA)(b)(i) or (ii)”; |
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| (b) | after sub-paragraph (3) there is inserted— |
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| “(4) | The power under sub-paragraph (1) above may not be |
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| exercised in a case falling within section 63(3ZA)(b)(iii) |
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| (sample, and any DNA profile, destroyed where |
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| investigation interrupted) after the end of the period of |
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| six months beginning with the day on which the |
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| investigation was resumed.” |
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| (5) | In paragraph 10 (non-intimate samples: persons charged etc)— |
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| (a) | in sub-paragraph (3), for “within section 63(3A)(b)” there is |
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| substituted “within section 63(3A)(b)(i) or (ii)”; |
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| (b) | after sub-paragraph (4) there is inserted— |
|
| “(5) | The power under sub-paragraph (1) above may not be |
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| exercised in a case falling within section 63(3A)(b)(iii) |
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| (sample, and any DNA profile, destroyed where |
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| investigation interrupted) after the end of the period of |
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| six months beginning with the day on which the |
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| investigation was resumed.”” |
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171 | Page 196, line 21, at end insert— |
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| “Police Reform Act 2002 (c. 30) |
| In Schedule 4, in paragraph 1(2), |
| | | | | the word “and” at the end of |
| | | | | | | |
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| |
| | |
172 | Page 196, leave out lines 22 and 23 |
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173 | Page 197, line 2, at end insert— |
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| “Prison Act (Northern Ireland) 1953 (c. 18) |
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| | In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of |
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| persons unlawfully at large), in subsection (4), for “the last foregoing |
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| sub-section” there is substituted “subsection (2)”.” |
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174 | Page 199, line 11, at end insert— |
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| “ (1) | Section 204 of that Act (warrant issued by category 1 territory: |
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| transmission by electronic means) is amended as follows. |
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| (2) | In subsections (1)(c) and (2)(c), for “a qualifying form” there is |
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| substituted “a form in which it is intelligible and which is capable of |
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| being used for subsequent reference”. |
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| |
| (a) | at the end of paragraph (a) there is inserted “and”; |
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| (b) | paragraph (c) and the word “and” before it are omitted.” |
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175 | Page 199, line 28, at end insert— |
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| |
176 | Page 199, line 28, at end insert— |
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| “ | In section 226 of that Act (extent), in subsection (2), after “Sections” there |
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| |
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177 | Line 3, after “1991,” insert “the Police Act 1997,” |
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178 | Line 4, leave out “and the Extradition Act 2003” and insert “, the Extradition Act |
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| 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011” |
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179 | Line 4, after “firearms” insert “, about sexual harm and violence” |
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180 | Line 6, after “Office;” insert “to make provision about invalid travel documents;” |
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