Policing and Crime Bill (HC Bill 3)

(3) In section 113 (application of Act to armed forces), in subsection (4)(a), for “tape
recording” substitute “audio recording”.

72 PACE: consultation on codes of practice

In section 67 of the Police and Criminal Evidence Act 1984 (codes of practice:
5supplementary), after subsection (4) insert—

“(4A) The duty to consult under subsection (4) does not apply to a revision of
a code where the Secretary of State considers that—

(a) the revision is necessary in consequence of legislation, and

(b) the Secretary of State has no discretion as to the nature of the
10revision.

(4B) Where, in consequence of subsection (4A), a revision of a code is issued
without prior consultation with the persons mentioned in subsection
(4), the Secretary of State must (at the same time as issuing the revision)
publish a statement that, in his or her opinion, paragraphs (a) and (b) of
15subsection (4A) apply to the revision.

(4C) In subsection (4A), “legislation” means any provision of—

(a) an Act,

(b) subordinate legislation within the meaning of the Interpretation
Act 1978.””

73 20Definition of “appropriate adult” in criminal justice legislation

(1) In section 63B of the Police and Criminal Evidence Act 1984 (testing for
presence of Class A drugs), in subsection (10), in paragraph (c), in the
definition of “appropriate adult”, for “a person employed by the police”
substitute “a person employed for, or engaged on, police purposes; and “police
25purposes” has the meaning given by section 101(2) of the Police Act 1996”.

(2) In section 66ZA of the Crime and Disorder Act 1998 (youth cautions), in
subsection (7) (which defines “appropriate adult”), in paragraph (d), for “a
person employed by the police” substitute “a person employed for, or engaged
on, police purposes; and “police purposes” has the meaning given by section
30101(2) of the Police Act 1996”.

(3) In section 161 of the Criminal Justice Act 2003 (pre-sentence drug testing), in
subsection (8) (which defines “appropriate adult”), in paragraph (c), for “a
person employed by the police” substitute “a person employed for, or engaged
on, police purposes; and “police purposes” has the meaning given by section
35101(2) of the Police Act 1996”.

CHAPTER 3 Powers under the Mental Health Act 1983

74 Extension of powers under sections 135 and 136 of the Mental Health Act 1983

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 135 (warrant to search for and remove patients), after subsection (1)

insert—

“(1A) If the premises specified in the warrant are a place of safety, the
constable executing the warrant may, instead of removing the person
to another place of safety, keep the person at those premises for the
5purpose mentioned in subsection (1).””

(3) In subsection (3) of that section—

(a) for “under this section” substitute “under subsection (1)”;

(b) before “may” insert “, or kept at the premises specified in the warrant
under subsection (1A),”.

(4) 10In section 136 (mentally disordered persons found in public places), for
subsection (1) substitute—

“(1) If a person appears to a constable to be suffering from mental disorder
and to be in immediate need of care or control, the constable may, if he
thinks it necessary to do so in the interests of that person or for the
15protection of other persons—

(a) remove the person to a place of safety within the meaning of
section 135, or

(b) if the person is already at a place of safety within the meaning
of that section, keep the person at that place or remove the
20person to another place of safety.

(1A) For the purpose of exercising the power conferred by subsection (1), the
constable may, if need be by force, enter any place where he or she
believes the mentally disordered person to be, other than—

(a) any house, flat or room where that person, or any other person,
25is living, or

(b) any yard, garden, garage or outhouse that is used in connection
with the house, flat or room, other than one that is also used in
connection with one or more other houses, flats or rooms.””

(5) After subsection (1A) of that section (inserted by subsection (4) above) insert—

“(1B) 30Before deciding to remove a person to, or to keep a person at, a place of
safety under subsection (1), the constable must, if it is practicable to do
so, consult—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) 35an approved mental health professional, or

(d) a person of a description specified in regulations made by the
Secretary of State.””

(6) In subsection (2) of that section, for “removed to” substitute “removed to, or
kept at,”.

(7) 40For the heading of that section substitute “Removal etc of mentally disordered
persons without a warrant”.

75 Restrictions on places that may be used as places of safety

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 135 (warrant to search for and remove patients), in subsection (6),
omit the words “the occupier of which is willing temporarily to receive the
patient”.

(3) After subsection (6) of that section insert—

“(7) 5For the purpose of subsection (6)—

(a) a house, flat or room where a person is living may not be
regarded as a suitable place unless—

(i) if the person believed to be suffering from a mental
disorder is the sole occupier of the place, that person
10agrees to the use of the place as a place of safety;

(ii) if the person believed to be suffering from a mental
disorder is an occupier of the place but not the sole
occupier, both that person and one of the other
occupiers agree to the use of the place as a place of
15safety;

(iii) if the person believed to be suffering from a mental
disorder is not an occupier of the place, both that person
and the occupier (or, if more than one, one of the
occupiers) agree to the use of the place as a place of
20safety;

(b) a place other than one mentioned in paragraph (a) may not be
regarded as a suitable place unless a person who appears to the
constable exercising powers under this section to be responsible
for the management of the place agrees to its use as a place of
25safety.””

(4) After subsection (7) of that section (inserted by subsection (3) above) insert—

“(8) This section is subject to section 136A which makes provision about the
removal and taking of persons to a police station under this section.””

(5) In section 136, after subsection (4) insert—

“(5) 30This section is subject to section 136A which makes provision about the
removal and taking of persons to a police station, and the keeping of
persons at a police station, under this section.””

(6) After section 136 insert—

“136A Use of police stations as places of safety

(1) 35A child may not, in the exercise of a power to which this section applies,
be removed to, kept at or taken to a place of safety that is a police
station.

(2) The Secretary of State may by regulations—

(a) provide that an adult may be removed to, kept at or taken to a
40place of safety that is a police station, in the exercise of a power
to which this section applies, only in circumstances specified in
the regulations;

(b) make provision about how adults removed to, kept at or taken
to a police station, in the exercise of a power to which this
45section applies, are to be treated while at the police station,
including provision for review of their detention.

(3) Regulations under this section—

(a) may make different provision for different cases;

(b) may make provision that applies subject to specified exceptions;

(c) may include incidental, supplementary or consequential
provision or transitional, transitory or saving provision.

(4) 5The powers to which this section applies are—

(a) the power to remove a person to a place of safety under a
warrant issued under section 135(1);

(b) the power to take a person to a place of safety under section
135(3A);

(c) 10the power to remove a person to, or to keep a person at, a place
of safety under section 136(1);

(d) the power to take a person to a place of safety under section
136(3).

(5) In this section—

(a) 15“child” means a person aged under 18;

(b) “adult” means a person aged 18 or over.””

76 Periods of detention in places of safety etc

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 135 (warrant to search for and remove patients)—

(a) 20in subsection (3), for “72 hours” substitute “the permitted period of
detention”;

(b) after subsection (3) insert—

“(3ZA) In subsection (3), “the permitted period of detention” means—

(a) the period of 24 hours beginning with—

(i) 25in a case where the person is removed to a place
of safety, the time when the person arrives at
that place;

(ii) in a case where the person is kept at the premises
specified in the warrant, the time when the
30constable first entered the premises to execute
the warrant; or

(b) where an authorisation is given in relation to the person
under section 136B, that period of 24 hours and such
further period as is specified in the authorisation.”;”

(c) 35in subsection (3A), for “the period of 72 hours” substitute “the
permitted period of detention”;

(d) in subsection (3B), for “the period of 72 hours” substitute “the permitted
period of detention”.

(3) In section 136 (mentally disordered persons found in public places)—

(a) 40in subsection (2), for “72 hours” substitute “the permitted period of
detention”;

(b) after subsection (2) insert—

“(2A) In subsection (2), “the permitted period of detention” means—

(a) the period of 24 hours beginning with—

(i) in a case where the person is removed to a place
of safety, the time when the person arrives at
that place;

(ii) in a case where the person is kept at a place of
5safety, the time when the constable decides to
keep the person at that place; or

(b) where an authorisation is given in relation to the person
under section 136B, that period of 24 hours and such
further period as is specified in the authorisation.”;”

(c) 10in subsection (3), for “the period of 72 hours” substitute “the permitted
period of detention”;

(d) in subsection (4), for “the period of 72 hours” substitute “the permitted
period of detention”.

(4) After section 136A (inserted by section 75) insert—

“136B 15 Extension of detention

(1) The registered medical practitioner who is responsible for the
examination of a person detained under section 135 or 136 may, at any
time before the expiry of the period of 24 hours mentioned in section
135(3ZA) or (as the case may be) 136(2A), authorise the detention of the
20person for a further period not exceeding 12 hours (beginning
immediately at the end of the period of 24 hours).

(2) An authorisation under subsection (1) may be given only if the
registered medical practitioner considers that the extension is
necessary because the condition of the person detained is such that it
25would not be practicable for the assessment of the person for the
purpose of section 135 or (as the case may be) section 136 to be carried
out before the end of the period of 24 hours (or, if the assessment began
within that period, for it to be completed before the end).

(3) If the person is detained at a police station, and the assessment would
30be carried out or completed at the station, the registered medical
practitioner may give an authorisation under subsection (1) only if an
officer of the rank of superintendent or above approves it.””

(5) In section 138 (retaking of patients escaping from custody), in subsection (3),
for the words from “after the expiration of the period” to the end of the
35subsection substitute “—

(a) in a case where the person escapes while being removed to a place of
safety in the execution of a warrant under section 135(1) or under
section 136(1), after the end of the period of 24 hours beginning with the
escape;

(b) 40in a case where the person escapes after the beginning of the period that
is the permitted period of detention in relation to the person under
section 135(3ZA) or 136(2A), after the end of that period (taking into
account any authorisation under section 136B(1) that was given before
the person escaped).”

77 45Protective searches: individuals removed etc under section 135 or 136 of the
Mental Health Act 1983

After section 136B of the Mental Health Act 1983 (inserted by section 76)

insert—

“136C Protective searches

(1) Where a warrant is issued under section 135(1) or (2), a constable may
search the person to whom the warrant relates if the constable has
5reasonable grounds for believing that the person—

(a) may present a danger to himself or herself or to others, and

(b) is concealing on his or her person an item that could be used to
cause physical injury to himself or herself or to others.

(2) The power to search conferred by subsection (1) may be exercised—

(a) 10in a case where a warrant is issued under section 135(1), at any
time during the period beginning with the time when a
constable enters the premises specified in the warrant and
ending when the person ceases to be detained under section
135;

(b) 15in a case where a warrant is issued under section 135(2), at any
time while the person is being removed under the authority of
the warrant.

(b)(b)in a case where a warrant is issued under section 135(2), at any
time while the person is being removed under the authority of
20the warrant.

(3) Where a person is detained under section 136(2) or (4), a constable may
search the person, at any time while the person is so detained, if the
constable has reasonable grounds for believing that the person—

(a) may present a danger to himself or herself or to others, and

(b) 25is concealing on his or her person an item that could be used to
cause physical injury to himself or herself or to others.

(4) The power to search conferred by subsection (1) or (3) is only a power
to search to the extent that is reasonably required for the purpose of
discovering the item that the constable believes the person to be
30concealing.

(5) The power to search conferred by subsection (1) or (3)—

(a) does not authorise a constable to require a person to remove any
of his or her clothing in public other than an outer coat, jacket or
gloves, but

(b) 35does authorise a search of a person’s mouth.

(6) A constable searching a person in the exercise of the power to search
conferred by subsection (1) or (3) may seize and retain anything found,
if he or she has reasonable grounds for believing that the person
searched might use it to cause physical injury to himself or herself or to
40others.

(7) The power to search a person conferred by subsection (1) or (3) does not
affect any other power to search the person.””

CHAPTER 4 Police powers: maritime enforcement in connection with English and Welsh
offences

Application of maritime enforcement powers: general

78 Application of maritime enforcement powers: general

(1) 5A law enforcement officer may, for the purpose of preventing, detecting,
investigating or prosecuting an offence under the law of England and Wales,
exercise any of the maritime enforcement powers in relation to—

(a) a United Kingdom ship in England and Wales waters, foreign waters or
international waters,

(b) 10a ship without nationality in England and Wales waters or
international waters,

(c) a foreign ship in England and Wales waters, or

(d) a ship, registered under the law of a relevant territory, in England and
Wales waters.

(2) 15In this Chapter, “the maritime enforcement powers” are the powers set out in—

(a) section 82 (power to stop, board, divert and detain);

(b) section 83 (power to search and obtain information);

(c) section 84 (power of arrest and seizure).

(3) The following persons are “law enforcement officers” for the purpose of this
20Chapter—

(a) a constable who is a member of a police force in England and Wales,

(b) a special constable appointed under section 27 of the Police Act 1996,

(c) a constable who is a member of the British Transport Police Force,

(d) a port constable, within the meaning of section 7 of the Marine
25Navigation Act 2013, or a person appointed to act as a constable under
provision made by virtue of section 16 of the Harbours Act 1964;

(e) a designated customs official within the meaning of Part 1 of the
Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that
Act),

(f) 30a National Crime Agency officer having the powers and privileges of a
constable in England and Wales under the Crime and Courts Act 2013,
or

(g) a person of a description specified in regulations made by the Secretary
of State.

(4) 35Regulations under subsection (3)(g) are to be made by statutory instrument.

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

(6) This section is subject to section 79 (which makes provision about when the
40authority of the Secretary of State is required before the maritime enforcement
powers are exercised in reliance on this section).

79 Restriction on exercise of maritime enforcement powers

(1) The authority of the Secretary of State is required before a law enforcement
officer exercises any of the maritime enforcement powers, in reliance on section
78(1), in relation to a United Kingdom ship in foreign waters.

(2) 5The Secretary of State may give authority under subsection (1) only if the State,
or the relevant territory, in whose waters the powers would be exercised
consents to the exercise of the powers.

(3) The authority of the Secretary of State is required before a law enforcement
officer exercises any of the maritime enforcement powers, in reliance on section
1078(1), in relation to a foreign ship, or a ship registered under the law of a
relevant territory, within the territorial sea adjacent to England and Wales.

(4) The Secretary of State may give authority under subsection (3) in relation to a
foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for
15the purpose of preventing, detecting, investigating or prosecuting an
offence under the law of England and Wales,

(b) the home state has authorised the United Kingdom to act for that
purpose, or

(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941)
20otherwise permits the exercise of the powers in relation to the ship.

Ships in Scotland or Northern Ireland waters: hot pursuit

80 Hot pursuit of ships in Scotland or Northern Ireland waters

(1) A law enforcement officer may, for the purpose of preventing, detecting,
investigating or prosecuting an offence under the law of England and Wales,
25exercise any of the maritime enforcement powers in relation to a ship in
Scotland waters or in Northern Ireland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in relevant
waters,

(c) 30before the pursuit of the ship, a signal was given for it to stop,

(d) the signal was given in such a way as to be audible or visible from the
ship, and

(e) the pursuit of the ship is not interrupted.

(2) For the purposes of subsection (1)(b), “relevant waters” are—

(a) 35in the case of a United Kingdom ship or a ship without nationality,
England and Wales waters or international waters;

(b) in the case of a foreign ship or a ship registered under the law of a
relevant territory, England and Wales waters.

(3) For the purposes of subsection (1)(e), pursuit is not interrupted by reason only
40of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(4) This section is subject to section 81 (which requires the authority of the
45Secretary of State before the maritime enforcement powers are exercised in

relation to a foreign ship, or a ship registered under the law of a relevant
territory, within the territorial sea adjacent to Scotland or Northern Ireland).

81 Restriction on exercise of maritime enforcement powers in hot pursuit

(1) The authority of the Secretary of State is required before a law enforcement
5officer exercises any of the maritime enforcement powers, in reliance on section
80, in relation to a foreign ship, or a ship registered under the law of a relevant
territory, within the territorial sea adjacent to Scotland or Northern Ireland.

(2) The Secretary of State may give authority under subsection (1) in relation to a
foreign ship only if—

(a) 10the home state has requested the assistance of the United Kingdom for
the purpose of preventing, detecting, investigating or prosecuting an
offence under the law of England and Wales,

(b) the home state has authorised the United Kingdom to act for that
purpose, or

(c) 15the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941)
otherwise permits the exercise of the powers in relation to the ship.

The maritime enforcement powers

82 Power to stop, board, divert and detain

(1) This section applies if a law enforcement officer has reasonable grounds to
20suspect that—

(a) an offence under the law of England and Wales is being, or has been,
committed on a ship in relation to which the powers conferred by this
section are exercisable by virtue of section 78 or 80, or

(b) a ship in relation to which those powers are so exercisable is otherwise
25being used in connection with the commission of an offence under that
law.

(2) The law enforcement officer may—

(a) stop the ship;

(b) board the ship;

(c) 30require the ship to be taken to a port in England and Wales or elsewhere
and detained there.

(3) Except as provided by subsection (5), the authority of the Secretary of State is
required before a law enforcement officer may exercise the power conferred by
subsection (2)(c) to require the ship to be taken to a port outside the United
35Kingdom.

(4) The Secretary of State may give authority for the purposes of subsection (3)
only if the State, or the relevant territory, in which the port is located is willing
to receive the ship.

(5) If the law enforcement officer is acting under authority given for the purposes
40of section 79(3) or 81(1), the law enforcement officer may require the ship to be
taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, a port in any other State
or relevant territory willing to receive the ship.

(6) The law enforcement officer may require the master of the ship, or any member
of its crew, to take such action as is necessary for the purposes of subsection
(2)(c).

(7) A law enforcement officer must give notice in writing to the master of any ship
5detained under this section.

(8) The notice must state that the ship is to be detained until the notice is
withdrawn by the giving of a further notice in writing signed by a law
enforcement officer.

83 Power to search and obtain information

(1) 10This section applies if a law enforcement officer has reasonable grounds to
suspect that there is evidence relating to an offence under the law of England
and Wales (other than items subject to legal privilege) on a ship in relation to
which the powers conferred by this section are exercisable by virtue of section
78 or 80.

(2) 15The law enforcement officer may search—

(a) the ship;

(b) anyone found on the ship;

(c) anything found on the ship (including cargo).

(3) The law enforcement officer may require a person found on the ship to give
20information about himself or herself or about anything found on the ship.

(4) The power to search conferred by subsection (2) is a power to search only to the
extent that it is reasonably required for the purpose of discovering evidence of
the kind mentioned in subsection (1).

(5) The power to search a person conferred by subsection (2) does not authorise a
25law enforcement officer to require the person to remove any clothing in public
other than an outer coat, jacket or gloves.

(6) In exercising a power conferred by subsection (2) or (3), a law enforcement
officer may (amongst other things)—

(a) open any containers;

(b) 30require the production of documents, books or records relating to the
ship or anything on it, other than anything that the law enforcement
officer has reasonable grounds to believe to be an item subject to legal
privilege;

(c) make photographs or copies of anything the production of which the
35law enforcement officer has power to require.

(7) The power in subsection (6)(b) to require the production of documents, books
or records includes, in relation to documents, books or records kept in
electronic form, power to require the provision of the documents, books or
records in a form in which they are legible and can be taken away.

(8) 40The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may
be exercised on the ship or elsewhere.

84 Power of arrest and seizure

(1) This section applies if a law enforcement officer has reasonable grounds to
suspect that an offence under the law of England and Wales has been, or is