Policing and Crime Bill (HC Bill 158)

(5) An offence under paragraph 31 of Schedule 7 to the Counter-
Terrorism Act 2008.

(6) In this paragraph—

• “EU financial sanctions Regulation” and “UN financial
  5sanctions Resolution” have the same meanings as in Part 8 of
  the Policing and Crime Act 2016 (see section 114 of that Act);

• “subordinate legislation” has the same meaning as in the
  Interpretation Act 1978.”

(4) In Part 2 (Northern Ireland), after paragraph 29 insert—

10““Financial sanctions legislation

29A (1) An offence under an instrument made under section 2(2) of the
European Communities Act 1972 for the purpose of implementing,
or otherwise in relation to, EU obligations created or arising by or
under an EU financial sanctions Regulation.

(2) 15An offence under an Act or under subordinate legislation where the
offence was created for the purpose of implementing a UN financial
sanctions Resolution.

(3) An offence under paragraph 7 of Schedule 3 to the Anti-terrorism,
Crime and Security Act 2001 (freezing orders).

(4) 20An offence under paragraph 30 or 30A of Schedule 7 to the Counter-
Terrorism Act 2008 where the offence relates to a requirement of the
kind mentioned in paragraph 13 of that Schedule.

(5) An offence under paragraph 31 of Schedule 7 to the Counter-
Terrorism Act 2008.

(6) 25In this paragraph—

• “EU financial sanctions Regulation” and “UN financial
  sanctions Resolution” have the same meanings as in Part 8 of
  the Policing and Crime Act 2016 (see section 114 of that Act);

• “subordinate legislation” has the same meaning as in the
  30Interpretation Act 1978.”

Avoidance of delay: temporary regulations

123 Implementation of UN financial sanctions Resolutions: temporary
regulations

(1) Where a UN financial sanctions Resolution is adopted, the Treasury may by
35regulations made by statutory instrument make such provision as it considers
appropriate for the implementation of the Resolution.

(2) Regulations under this section must provide for the regulations to cease to
have effect at whichever of the following times first occurs—

(a) the time when an EU financial sanctions Regulation made for the
40purpose of implementing the UN financial sanctions Resolution enters
into force;

(b) the end of a day specified in the regulations, which may not be a day
that falls more than 30 days after the day on which the UN financial
sanctions Resolution is adopted.

(3) At any time before the end of the day specified in the regulations under
5subsection (2)(b), the Treasury may amend the regulations (by making further
regulations) so as to substitute for the day specified in the regulations in
accordance with subsection (2)(b) a different day, which may not be a day that
falls more than 60 days after the day on which the UN financial sanctions
Resolution is adopted.

(4) 10The power conferred by subsection (3) may be exercised on only one occasion.

(5) Subsection (3) does not affect the power (by virtue of section 14 of the
Interpretation Act 1978) to amend regulations under subsection (1) for a
purpose other than that mentioned in subsection (3).

(6) A statutory instrument containing regulations under this section is subject to
15annulment in pursuance of a resolution of either House of Parliament.

(7) Section 124 makes further provision about regulations under this section.

124 Content of regulations under section 123

(1) Regulations under section 123 may impose prohibitions for such of the
following purposes as are relevant to the UN financial sanctions Resolution
20that is being implemented by the regulations—

(a) freezing funds or economic resources owned, held or controlled by
designated persons;

(b) preventing funds or economic resources being made available to, or for
the benefit, of designated persons.

(2) 25In subsection (1), “designated person” means a person who is specified in any
of the following instruments as a person in relation to whom the measures
required by the UN financial sanctions Resolution are to be taken—

(a) the UN financial sanctions Resolution or any other UN financial
sanctions Resolution;

(b) 30an instrument made by an organ of the United Nations for the purpose
of specifying the persons in relation to whom the measures required by
the Resolution are to be taken.

For the purpose of this subsection, “person” includes (in addition to an
individual and a body of persons corporate or unincorporate) any organisation
35and any association or combination of persons.

(3) Regulations under section 123 must describe the designated persons to whom
the prohibitions in the regulations relate but may do so by referring to any of
the instruments mentioned in subsection (2) or in any other way; and, where
the persons are described by referring to any of those instruments, the
40regulations may provide for the reference in the regulations to the instrument
to have effect as a reference to the instrument as varied or supplemented from
time to time.

(4) The regulations may create exceptions to any prohibitions included in the
regulations by virtue of subsection (1), including provision for any of those
45prohibitions not to apply to anything done under the authority of a licence
issued by the Treasury under the regulations.

(5) The regulations may make provision—

(a) for requiring a person who is subject to a prohibition, or any other
person of a description specified in the regulations, to provide
information to the Treasury;

(b) 5authorising or restricting the disclosure of information so provided.

(6) The regulations may make provision for the enforcement of any prohibitions
or requirements set out in the regulations, including provision for preventing
any prohibitions from being circumvented.

(7) The provision that may be made under subsection (6) includes—

(a) 10the creation of offences;

(b) provision corresponding or similar to sections 117 to 120 (civil
sanctions).

(8) The regulations may not create an offence punishable by imprisonment for a
period exceeding—

(a) 15in the case of conviction on indictment, 7 years;

(b) in the case of summary conviction—

(i) in relation to England and Wales, 12 months or, in relation to
offences committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, 6 months;

(ii) 20in relation to Scotland, 12 months;

(iii) in relation to Northern Ireland, 6 months.

(9) The regulations may provide that a person is not to be subject to any form of
liability in consequence of anything done by that person under the regulations.

(10) The regulations may bind the Crown but they may not—

(a) 25provide for the Crown to be criminally liable, or

(b) provide for the Crown to be liable to pay a monetary penalty.

(11) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) transitional or transitory provision.

(12) 30The regulations may—

(a) make different provision for different purposes;

(b) confer a discretion on any person.

Avoidance of delay: temporary listing

125 Linking of UN financial sanctions Resolutions with EU financial sanctions
35Regulations

(1) For the purposes of section 126, the Treasury may by regulations made by
statutory instrument provide that a United Nations financial sanctions
Resolution specified in the regulations is linked to an EU financial sanctions
Regulation specified in the regulations.

(2) 40The regulations may provide for any reference in the regulations to a United
Nations financial sanctions Resolution or to an EU financial sanctions
Regulation to have effect as a reference to the United Nations financial
sanctions Resolution or (as the case may be) to the EU financial sanctions
Regulation as varied or supplemented from time to time.

(3) A statutory instrument containing regulations under subsection (1) is subject
to annulment in pursuance of a resolution of either House of Parliament.

126 Implementation of UN financial sanctions Resolutions: temporary listing

(1) This section applies where—

(a) 5regulations under section 125 provide that a UN financial sanctions
Resolution is linked to an EU financial sanctions Regulation,

(b) a person is designated for the purposes of the UN financial sanctions
Resolution, and

(c) at the time the person is designated for those purposes, the person is
10not included in the list of persons, set out in the EU financial sanctions
Regulation, to whom the prohibitions contained in the Regulation
relate (“the EU list”).

(2) The person is to be treated for a temporary period as if the person were
included in the EU list (as well as being designated for the purposes of the UN
15financial sanctions Resolution).

(3) The temporary period referred to in subsection (2) begins at the time the person
is designated for the purposes of the UN financial sanctions Regulation.

(4) The temporary period ends—

(a) at the end of the day on which the person is (otherwise than under
20subsection (2)) included in the EU list;

(b) if the person is not included in the EU list before the end of the period
of 30 days beginning with the day after the day on which the person is
designated for the purposes of the UN financial sanctions Resolution,
at the end of that period of 30 days.

(5) 25For the purposes of this section, a person is designated for the purposes of a
UN financial sanctions Resolution if the person is specified in any of the
following instruments as a person in relation to whom the measures required
by the UN financial sanctions Resolution are to be taken—

(a) the UN financial sanctions Resolution or any other UN financial
30sanctions Resolution;

(b) an instrument made by an organ of the United Nations for the purpose
of specifying the persons in relation to whom the measures required by
the Resolution are to be taken.

For the purpose of this subsection, “person” includes (in addition to an
35individual and a body corporate or unincorporate) any organisation and any
association or combination of persons.

(6) This section applies where a person is designated for the purposes of the UN
financial sanctions Resolution before this section comes into force (as well as
where the person is designated after this section comes into force) but, in such
40a case, the temporary period begins on the day on which this section comes into
force.

Power to extend to Channel Islands etc

127 Extension to the Channels Islands, Isle of Man and BOTs

(1) Her Majesty may by Order in Council provide for regulations under section
123(1) (whether made before or after the making of the Order in Council) to
5extend with or without modifications to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) any of the British overseas territories.

(2) Her Majesty may by Order in Council provide for section 114, regulations
10under section 125 (whether made before or after the making of the Order in
Council) and section 126 to extend with or without modifications to—

(a) any of the Channel Islands;

(b) the Isle of Man;

(c) any of the British overseas territories.

(3) 15The power conferred by subsection (1) or (2), so far as relating to regulations,
includes power to provide for the regulations as amended from time to time to
extend as mentioned in that subsection.

(4) The modifications that may be specified in an Order in Council under
subsection (1) include a modification of any provision included in the
20regulations about the time at which the regulations are to cease to have effect.

(5) A modification included in an Order in Council by virtue of subsection (4)—

(a) may have the effect that the regulations (as extended by the Order in
Council) continue to have effect after the time when the regulations
have ceased to have effect under the law of England and Wales,
25Scotland and Northern Ireland, but

(b) must secure that the regulations (as so extended) cease to have effect on
a day that falls no later than 120 days after the day on which the
relevant UN financial sanctions Resolution is adopted.

(6) In subsection (5), “the relevant UN financial sanctions Resolution” means the
30UN financial sanctions Resolution that is being implemented by the
regulations.

Part 9 Miscellaneous and general

CHAPTER 1 Miscellaneous

35Police collaboration

128 Power to enter into police collaboration agreements

(1) The Police Act 1996 is amended in accordance with subsections (2) to (4).

(2) In section 22A (collaboration agreements)—

(a) in subsection (1)(b), for “and two or more policing bodies” substitute

“and—

“(i) one or more policing bodies together with one or
more other persons, or

(ii) if no other person is a party to the agreement,
5two or more policing bodies.”;

(b) in subsection (6), for “(1)” substitute “(1)(a)”.

(3) In section 23F (collaboration agreements: guidance), after subsection (2)
insert—

“(3) The Secretary of State may give other persons who exercise functions of
10a public nature guidance about collaboration agreements or related
matters, and those persons must have regard to the guidance in
exercising such functions.”

(4) In section 23G (collaboration agreements: directions), after subsection (2)
insert—

“(2A) 15The Secretary of State may give one or more other persons who exercise
functions of a public nature directions about collaboration agreements
or related matters.”

(5) Schedule 14 contains amendments in relation to cases where the Director
General of the National Crime Agency is a party to a collaboration agreement
20under section 22A of the Police Act 1996 (as amended by this section).

NCA powers

129 Powers of NCA officers in relation to customs matters

(1) The Crime and Courts Act 2013 is amended as follows.

(2) In section 9 (Director General: customs powers of Commissioners &
25operational powers)—

(a) in subsection (2), after paragraph (b) insert—

“(ba) the powers of a general customs official;”;

(b) in subsection (8), in the definition of “operational power”, after
paragraph (b) insert—

“(ba) 30a power of a general customs official;”.

(3) In section 10 (operational powers of other NCA officers), in subsection (1) after
paragraph (b) insert—

“(ba) the powers of a general customs official;”.

(4) In Schedule 5 (police, customs and immigration powers), after Part 5
35(designation: powers of officers of Revenue and Customs) insert—

““Part 5A Designations: Powers of general customs officials

18A NCA officers

(1) If an NCA officer is designated as a person having the powers of a
40general customs official, the NCA officer has, in relation to any

customs matter, the same powers as a general customs official would
have.

(2) But that is subject to any limitation included in the designation.

18B Powers only exercisable in relation to customs matters

5If a power of a general customs official is exercisable both—

(a) in relation to a customs matter, and

(b) in relation to any other matter,

the power is exercisable by a designated officer only in relation to the
customs matter.

18C 10Powers exercisable under warrant

(1) This paragraph applies to an enactment if it provides for the issuing
of warrants which authorise a general customs official to exercise
any power in relation to a customs matter.

(2) For the purpose of enabling a designated officer to exercise that
15power in relation to a customs matter, the enactment has effect as if
the designated officer were a general customs official.”

Requirements to confirm nationality

130 Requirement to state nationality

In the UK Borders Act 2007, after section 43 (supply of police information)
20insert—

“43A Requirement to state nationality

(1) An individual who is arrested for an offence must state his or her
nationality if required to do so by an immigration officer or a constable
in accordance with this section.

(2) 25A requirement may be imposed on an individual under subsection (1)
only if the immigration officer or constable suspects that the individual
may not be a British citizen.

(3) When imposing a requirement under subsection (1) the immigration
officer or constable must inform the individual that an offence may be
30committed if the individual fails to comply with a requirement
imposed under this section.

(4) The immigration officer or constable must make a written record of the
imposition of a requirement under subsection (1) as soon as practicable.

(5) The written record is to be made in the presence of the individual where
35this is practicable.

43B Offence of not giving nationality

(1) A person commits an offence if, without reasonable excuse, the person
fails to comply with a requirement imposed in accordance with section
43A, whether by providing false or incomplete information or by
40providing no information.

(2) Information provided by a person in response to a requirement
imposed in accordance with section 43A is not admissible in evidence
in criminal proceedings against that person other than proceedings for
an offence under this section.

(3) 5A person who is guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to either or both
of the following—

(i) imprisonment for a term not exceeding 51 weeks (or 6
months if the offence was committed before the
10commencement of section 281(5) of the Criminal Justice
Act 2003);

(ii) a fine;

(b) on summary conviction in Scotland, to either or both of the
following—

(i) 15imprisonment for a term not exceeding 12 months;

(ii) a fine not exceeding level 5 on the standard scale;

(c) on summary conviction in Northern Ireland, to either or both of
the following—

(i) imprisonment for a term not exceeding 6 months;

(ii) 20a fine not exceeding level 5 on the standard scale.”

131 Requirement to produce nationality document

In the UK Borders Act 2007, after section 46 (seizure of nationality documents)
insert—

“46A Requirement to produce nationality document

(1) 25This section applies where—

(a) an individual has been arrested on suspicion of the commission
of an offence, and

(b) the individual is to be released after arrest (whether or not on
bail)—

(i) 30before a decision is taken on whether the individual
should be charged with an offence, or

(ii) after being charged with an offence.

(2) Before the individual is released an immigration officer or a constable
may give the individual a notice requiring the production of a
35nationality document not later than 72 hours after the individual is
released.

(3) A notice may be given under subsection (2) only if the immigration
officer or constable giving it suspects that the individual may not be a
British citizen.

(4) 40A notice under subsection (2) must be given in writing.

(5) The notice must include statements that—

(a) the individual to whom it is given must produce the nationality
document not later than 72 hours after the individual is
released, and

(b) 45an offence may be committed if an individual fails to comply
with a notice given under this section.

(6) The notice must also set out—

(a) the person to whom the document must be produced, and

(b) the means by which the document must be produced.

(7) In this section, and in sections 46B and 46C—

• 5“nationality document” means a passport relating to the
  individual or, if there is no passport relating to the individual, a
  document showing the individual’s nationality or citizenship;

• “passport” means—

  (a)

  a United Kingdom passport (within the meaning of the
  10Immigration Act 1971),

  (b)

  a passport issued by or on behalf of the authorities of a
  country or territory outside the United Kingdom, or by
  or on behalf of an international organisation, or

  (c)

  a document that can be used (in some or all
  15circumstances) instead of a passport.

46B Retention of nationality document etc.

(1) An immigration officer or constable may retain a nationality document
produced in response to a notice under section 46A(2) while the
immigration officer or constable suspects that—

(a) 20the individual to whom the document relates may be liable to
removal from the United Kingdom in accordance with a
provision of the Immigration Acts, and

(b) retention of the document may facilitate the individual’s
removal.

(2) 25Section 28I of the Immigration Act 1971 (seized material: access and
copying) has effect in relation to a nationality document produced by
an individual in response to a notice under section 46A(2) and retained
by an immigration officer as if the nationality document had been
seized when the individual had custody or control of it.

(3) 30Section 21 of the Police and Criminal Evidence Act 1984 or Article 23 of
the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I.
1989/1341 (N.I. 12)) (seized material: access and copying) has effect in
relation to a nationality document produced by an individual in
response to a notice under section 46A(2) and retained by a constable in
35England and Wales or Northern Ireland as if the nationality document
had been seized when the individual had custody or control of it.

46C Offence of failing to produce nationality document

(1) A person commits an offence if, without reasonable excuse, the person
fails to comply with a notice given in accordance with section 46A.

(2) 40The fact that a person deliberately destroyed or disposed of a
nationality document is not a reasonable excuse for the purposes of
subsection (1) unless the destruction or disposal was—

(a) for a reasonable cause, or

(b) beyond the control of the person charged with the offence.

(3) 45In subsection (2)(a) “reasonable cause” does not include the purpose
of—

(a) delaying the handling or resolution of a claim or application or
the taking of a decision,

(b) increasing the chances of success of a claim or application, or

(c) complying with instructions given by a person who offers
5advice about, or facilitates, immigration into the United
Kingdom, unless in the circumstances of the case it is
unreasonable to expect non-compliance with the instructions or
advice.

(4) A person who is guilty of an offence under subsection (1) is liable—

(a) 10on summary conviction in England and Wales, to either or both
of the following—

(i) imprisonment for a term not exceeding 51 weeks (or 6
months if the offence was committed before the
commencement of section 281(5) of the Criminal Justice
15Act 2003);

(ii) a fine;

(b) on summary conviction in Scotland, to either or both of the
following—

(i) imprisonment for a term not exceeding 12 months;

(ii) 20a fine not exceeding level 5 on the standard scale;

(c) on summary conviction in Northern Ireland, to either or both of
the following—

(i) imprisonment for a term not exceeding 6 months;

(ii) a fine not exceeding level 5 on the standard scale.”

132 25Requirement to give information in criminal proceedings

In the Courts Act 2003, after section 86 (alteration of place fixed for Crown
Court trial) insert—

“86A Requirement to give information in criminal proceedings

(1) A person who is a defendant in proceedings in a criminal court must
30provide his or her name, date of birth and nationality if required to do
so at any stage of proceedings by the court.

(2) Criminal Procedure Rules must specify the stages of proceedings at
which requirements are to be imposed by virtue of subsection (1) (and
may specify other stages of proceedings when such requirements may
35be imposed).

(3) A person commits an offence if, without reasonable excuse, the person
fails to comply with a requirement imposed by virtue of subsection (1),
whether by providing false or incomplete information or by providing
no information.

(4) 40Information provided by a person in response to a requirement
imposed by virtue of subsection (1) is not admissible in evidence in
criminal proceedings against that person other than proceedings for an
offence under this section.

(5) A person guilty of an offence under subsection (3) is liable on summary
45conviction to either or both of the following—