Policing and Crime Bill (HC Bill 3)

“(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

131 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

132 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.””

133 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—