Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Schedule 5 — Police, customs and immigration powers
Part 7 — Offences relating to designations
59

      (3)
In this paragraph “relevant matter”, in relation to a particular power of an
immigration officer, means a matter in relation to which that power may be
exercised.
Powers exercisable under warrant
20    (1)
This paragraph applies to an enactment if it provides for the issuing of
5
warrants which authorise an immigration officer to exercise any power of an
immigration officer.
      (2)
For the purpose of enabling a designated officer to exercise that power or
privilege, the enactment has effect as if the designated officer were an
immigration officer.
10
Part 7
Offences relating to designations
Resistance or wilful obstruction of designated officers etc
21    (1)
A person commits an offence if the person resists or wilfully obstructs—
(a)
a designated officer acting in the exercise of an operational power, or
15
(b)
a person who is assisting a designated officer in the exercise of such
a power.
      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a)
imprisonment for a term not exceeding—
20
(i)
51 weeks on conviction in England and Wales;
(ii)
12 months on conviction in Scotland;
(iii)
1 month on conviction in Northern Ireland;
(b)
a fine not exceeding level 3 on the standard scale.
Assault on designated officers etc
25
22    (1)
A person commits an offence if the person assaults—
(a)
a designated officer acting in the exercise of an operational power, or
(b)
a person who is assisting a designated officer in the exercise of such
a power.
      (2)
A person guilty of an offence under this paragraph is liable on summary
30
conviction to either or both of the following—
(a)
imprisonment for a term not exceeding—
(i)
51 weeks on conviction in England and Wales;
(ii)
12 months on conviction in Scotland;
(iii)
6 months on conviction in Northern Ireland;
35
(b)
a fine not exceeding level 5 on the standard scale.
Impersonation of designated officer etc
23    (1)
A person commits an offence if, with intent to deceive—
(a)
the person impersonates a designated officer,

Crime and Courts Bill [HL]
Schedule 5 — Police, customs and immigration powers
Part 8 — General
60

(b)
the person makes any statement or does any act calculated falsely to
suggest that the person is a designated officer, or
(c)
the person makes any statement or does any act calculated falsely to
suggest that the person has powers as a designated officer that
exceed the powers the person actually has.
5
      (2)
A person guilty of an offence under this paragraph is liable on summary
conviction to either or both of the following—
(a)
imprisonment for a term not exceeding—
(i)
51 weeks on conviction in England and Wales;
(ii)
12 months on conviction in Scotland;
10
(iii)
6 months on conviction in Northern Ireland;
(b)
a fine not exceeding level 5 on the standard scale.
Transitional provision relating to offences
24
In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary
15
offences)—
(a)
the reference in paragraph 21(2)(a)(i) to the period of 51 weeks is to
be read as a reference to the period of 1 month;
(b)
the references in paragraphs 22(2)(a)(i) and 23(2)(a)(i) to the period
of 51 weeks is to be read as references to the period of 6 months.
20
Part 8
General
Payment of revenue to the Commissioners
25    (1)
The Director General must pay to the Commissioners any money received
by way of proceeds of forfeitures—
25
(a)
by the Director General in the exercise of any power of the
Commissioners, or
(b)
by the Director General or any other NCA officer in the exercise of
any power of an officer of Revenue and Customs.
      (2)
In this section “proceeds of forfeitures” means—
30
(a)
the proceeds of forfeitures made under the customs and excise Acts
(within the meaning of section 1 of the Customs and Excise
Management Act 1979), and
(b)
a sum paid, or the proceeds of sale, under paragraph 16 of Schedule
3 to that Act.
35
Modification of references
26
If, in accordance with section 9(1) or any provision of this Schedule—
(a)
a power of the Commissioners is exercisable by the Director General,
a reference to the Commissioners in any enactment which relates to
that power is to be taken to be, or to include, a reference to the
40
Director General;
(b)
a power or privilege of a constable is exercisable by any NCA officer,
a reference to a constable in any enactment which relates to that

Crime and Courts Bill [HL]
Schedule 5 — Police, customs and immigration powers
Part 8 — General
61

power or privilege is to be taken to be, or to include, a reference to
any NCA officer by whom that power or privilege is exercisable;
(c)
a power of an officer of Revenue and Customs is exercisable by any
NCA officer, a reference to an officer of Revenue and Customs in any
enactment which relates to that power is to be taken to be, or to
5
include, a reference to any NCA officer by whom that power is
exercisable;
(d)
a power of an immigration officer is exercisable by any NCA officer,
a reference to an immigration officer in any enactment which relates
to that power is to be taken to be, or to include, a reference to any
10
NCA officer by whom that power is exercisable.
Power to make further provision
27    (1)
The relevant national authority may, by order, make such provision as that
authority considers appropriate in consequence of—
(a)
the Director General having the powers of the Commissioners under
15
section 9(1), or
(b)
designated officers having operational powers.
      (2)
An order under this paragraph may, in particular—
(a)
provide for the Director General or designated officers to benefit
from exemptions or other protection in respect of the exercise of
20
operational powers;
(b)
provide for the disclosure of information to, or the doing of other
things in relation to, the Director General or designated officers;
(c)
confer functions on the Director General or any other person;
(d)
provide for a class of NCA officers (whether identified by reference
25
to a grade or pay scale or otherwise) to be treated as the equivalent
of—
(i)
one or more ranks in a UK police force;
(ii)
one or more grades of, or pay scales applicable to, officers of
Revenue and Customs;
30
(iii)
one or more grades of, or pay scales applicable to,
immigration officers.
      (3)
In this paragraph—
“designated officers” includes a description of such officers;
“enactment” includes a description of enactments.
35
Functions of third parties relating to constables etc: extension to NCA
28    (1)
The relevant national authority may, by order, provide for a relevant
function of a person to be exercisable by that person in relation to—
(a)
the NCA,
(b)
the Director General, or
40
(c)
NCA officers (or any description of NCA officers).
      (2)
In this paragraph “relevant function” means a function exercisable by any
person in relation to—
(a)
a constable,
(b)
a UK police force,
45
(c)
an officer of Revenue and Customs,

Crime and Courts Bill [HL]
Schedule 5 — Police, customs and immigration powers
Part 8 — General
62

(d)
the Commissioners, or
(e)
an immigration officer.
General provision about orders
29    (1)
The power to make an order under paragraph 27 or 28 may, in particular, be
exercised by—
5
(a)
amending, repealing, revoking or otherwise modifying any
provision made by or under an enactment, or
(b)
applying an enactment (with or without modifications).
      (2)
The Secretary of State must consult—
(a)
the Commissioners before exercising the power conferred by
10
paragraph 27 or 28 in relation to an enactment which (expressly or
otherwise) confers any function on the Commissioners or an officer
of Revenue and Customs;
(b)
the Scottish Ministers before exercising the power conferred by
paragraph 27 or 28 in relation to an enactment which extends to
15
Scotland;
(c)
the Department of Justice in Northern Ireland before exercising the
power conferred by paragraph 27 or 28 in relation to an enactment
which extends to Northern Ireland.
Interpretation
20
30
In this Schedule—
“Commissioners” means the Commissioners of Her Majesty’s Revenue
and Customs;
“designated officer” means the Director General or any other NCA
officer if designated as having operational powers;
25
“designation” means—
(a)
a designation of the Director General under section 9, or
(b)
a designation of any other NCA officer under section 10;
and “designated” and cognate expressions are to be construed
accordingly;
30
“limitation” means a limitation included in a designation under
paragraph 6;
“Northern Ireland devolved provision”, in relation to provision of an
order under this Schedule, means provision which would be within
the legislative competence of the Northern Ireland Assembly if
35
contained in an Act of the Northern Ireland Assembly;
“powers and privileges of a constable that are exercisable overseas”
means the powers and privileges of a constable if, and to the extent
that, they are exercisable outside the United Kingdom and the
United Kingdom waters;
40
“powers and privileges of an English and Welsh constable” means the
powers and privileges of a constable if, and to the extent that, they
are exercisable in England and Wales or the adjacent United
Kingdom waters;
“powers and privileges of a Northern Ireland constable” means the
45
powers and privileges of a constable if, and to the extent that, they
are exercisable in Northern Ireland or the adjacent United Kingdom
waters;

Crime and Courts Bill [HL]
Schedule 6 — Inspections and complaints
Part 1 — Inspections
63

“powers and privileges of a Scottish constable” means the powers and
privileges of a constable if, and to the extent that, they are exercisable
in Scotland or the adjacent United Kingdom waters;
“relevant national authority”, in relation to a power to make an order
under this Schedule, means—
5
(a)
the Secretary of State, except in relation to Scottish devolved
provision and Northern Ireland devolved provision;
(b)
the Scottish Ministers, in relation to Scottish devolved
provision;
(c)
the Department of Justice in Northern Ireland, in relation to
10
Northern Ireland devolved provision;
“Scottish devolved provision”, in relation to provision of an order
under this Schedule, means provision that would be within the
legislative competence of the Scottish Parliament if contained in an
Act of the Scottish Parliament, except for any provision of the kind
15
referred to in paragraph 27(2)(d);
“United Kingdom waters” means the sea and other waters within the
seaward limits of the United Kingdom’s territorial sea.
Schedule 6
Section 11

Inspections and complaints
20
Part 1
Inspections
Inspections in Scotland
1     (1)
Before making a request for an inspection that would fall to be carried out
wholly or partly in Scotland, the Secretary of State must consult the Scottish
25
Ministers.
      (2)
HMIC may carry out an inspection jointly with the Scottish inspectors—
(a)
if it is carried out wholly in Scotland, or
(b)
in a case where it is carried out partly in Scotland, to the extent that
it is carried out there.
30
      (3)
Before deciding whether or not to carry out such an inspection jointly with
the Scottish inspectors, HMIC must consult the Scottish inspectors.
Inspections in Northern Ireland
2
Before making a request for an inspection that would fall to be carried out
wholly or partly in Northern Ireland, the Secretary of State must consult the
35
Department of Justice in Northern Ireland.
Publication of HMIC reports
3     (1)
The Secretary of State must arrange for every HMIC report received to be
published in such manner as the Secretary of State considers appropriate.

Crime and Courts Bill [HL]
Schedule 6 — Inspections and complaints
Part 1 — Inspections
64

      (2)
But the Secretary of State may exclude from publication any part of an HMIC
report if, in the Secretary of State’s opinion, the publication of that part—
(a)
would be against the interests of national security,
(b)
could prejudice the prevention or detection of crime, the
apprehension of offenders, or the prosecution of offences, or
5
(c)
might jeopardise the safety of any person.
      (3)
The Secretary of State must send a copy of the published report—
(a)
to the NCA; and
(b)
if the inspection was carried out wholly or partly in Scotland, to the
Scottish Ministers; and
10
(c)
if the inspection was carried out wholly or partly in Northern
Ireland, to the Department of Justice in Northern Ireland.
NCA response
4     (1)
The Director General must—
(a)
prepare comments on each HMIC report as published by the
15
Secretary of State; and
(b)
arrange for those comments to be published in such manner as the
Director General considers appropriate.
      (2)
The Director General must send a copy of any document published under
sub-paragraph (1)(b)—
20
(a)
to the Secretary of State; and
(b)
if the inspection was carried out wholly or partly in Scotland, to the
Scottish Ministers; and
(c)
if the inspection was carried out wholly or partly in Northern
Ireland, to the Department of Justice in Northern Ireland.
25
Disclosure of information
5     (1)
The Director General must—
(a)
provide to a policing inspectorate such information and documents
specified or described in a notification given by the inspectorate to
the Director General, and
30
(b)
produce or deliver up to the inspectorate all such evidence and other
things so specified or described,

as appear to the inspectorate to be required for the purposes of the exercise
of an NCA inspection function.
      (2)
Anything that the Director General is obliged to provide, produce or deliver
35
up by virtue of a requirement imposed under sub-paragraph (1) must be
provided, produced or delivered up in such form and manner, and within
such period, as may be specified—
(a)
in the notification imposing the requirement, or
(b)
in any subsequent notification given by the inspectorate to the chief
40
officer.
      (3)
Nothing in this paragraph requires the Director General—
(a)
to comply with an obligation imposed under sub-paragraph (1)
before the earliest time at which it is practicable to do so, or

Crime and Courts Bill [HL]
Schedule 6 — Inspections and complaints
Part 1 — Inspections
65

(b)
to comply at all with any such obligation if it never becomes
practicable to do so.
      (4)
An NCA officer may disclose information to any policing inspectorate for
the purposes of the exercise by any policing inspectorate of an NCA
inspection function.
5
      (5)
The Secretary of State may, by regulations, make—
(a)
further provision about the disclosure of information under sub-
paragraph (1) or (4);
(b)
provision about the further disclosure of information that has been
disclosed under sub-paragraph (1) or (4).
10
      (6)
Such regulations may, in particular—
(a)
modify any provision of Schedule 7 in its application to such a
disclosure, or
(b)
disapply any such provision from such a disclosure.
Access to premises
15
6     (1)
The Director General must secure that a policing inspectorate is given access
to premises occupied for the purposes of the NCA and access to documents
and other things on those premises if—
(a)
the inspectorate requires such access, and
(b)
the requirement is imposed for the purposes of the exercise of an
20
NCA inspection function.
      (2)
Where there are reasonable grounds for not allowing the inspectorate to
have the required access at the time at which the inspectorate seeks to have
it, the obligation under sub-paragraph (1) has effect as an obligation to
secure that the required access is allowed to the inspectorate at the earliest
25
practicable time specified by the inspectorate after there cease to be any such
grounds.
Interpretation
7
In this Part of this Schedule—
“HMIC” means Her Majesty’s Inspectors of Constabulary;
30
“HMIC report” means a report under section 11(3);
“document” means anything in which information of any description is
recorded;
“inspection” means an inspection under section 11(1) or (2);
“NCA inspection function” means a function in relation to the
35
inspection of the NCA;
“policing inspectorate” means—
(a)
HMIC or any person carrying out the functions of the HMIC,
and
(b)
the Scottish inspectors or any person carrying out the
40
functions of the Scottish inspectors.
“request” means a request under section 11(2) for an inspection;
“Scottish inspectors” means the inspectors of constabulary for which
Part 1 of the Police and Fire Reform (Scotland) Act 2012 provides.