Crime and Courts Bill [HL]

Page 38, line 16, after “must” insert “by order”

Page 38, line 21, at end insert—

“( ) An order made under this paragraph is subject to a resolution of each House of Parliament.”

Page 38, line 30, leave out paragraph (b)

Page 38, line 33, at end insert—

The Secretary of State must, in preparing any framework document (including the protocols provided by paragraph 1), consult the persons referred to in section 5 and the persons referred to in Schedule 3 or their representatives and such other persons as she considers appropriate.”

Page 39, line 8, leave out from “published” to end of line 9

Page 39, line 31, leave out from “published” to “, and” in line 32

Page 4, line 30, at end insert—

“( ) Before making a request under subsection (1) the Director General must consult the Police and Crime Commissioner responsible for the totality of policing in that area.”

Page 4, line 39, at end insert—

“( ) Before making a request under subsection (3) a chief officer of a UK police force must notify the Police and Crime Commissioner responsible for the totality of policing in their area.”

Page 5, line 19, leave out subsection (9)

Page 41, line 1, leave out from “force” to end of line 2

Page 41, line 14, leave out from “force” to end of line 15

Page 43, leave out lines 5 to 14

Page 48, line 10, after “Schedule” insert “or Part 1 of Schedule 1”

Page 48, line 14, after “agreement,” insert “an amount provided by any protocol in effect agreed by or on behalf of the relevant persons, or in the absence of a protocol,”

Page 48, line 15, leave out “Secretary of State” and insert “advisory panel on payments”

Page 48, line 16, leave out sub-paragraphs (2) to (4)

Page 48, line 33, at end insert—

30 The Secretary of State must appoint an independent advisory panel on payments to determine the appropriate amount to be paid under paragraph 29(1)(b).”

Page 6, line 11, at end insert—

“(4A) Subsection (4) authorises an NCA officer to disclose information for the purpose of the exercise of—

(a) the functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (“PCA 2002”), or

(b) the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002,

only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other than a function under Part 6 of that Act).

(4B) Where information has been obtained by the NCA in connection with the exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection (4) does not authorise an NCA officer to disclose the information.

(4C) But an NCA officer may disclose the information if the disclosure is—

(a) to the Commissioners for Her Majesty’s Revenue and Customs,

(b) to the Lord Advocate for the purposes of the exercise by the Lord Advocate of the Lord Advocate’s functions under Part 3 of PCA 2002 (confiscation: Scotland),

(c) to any person for purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions, or

(d) to any person for the purposes of compliance with an order of a court or tribunal (whether or not in the United Kingdom).”

The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill.

Page 6, line 37, at end insert—

“( ) The command of the NCA with main responsibility for discharging functions listed under subsections (1) and (2) shall be the Child Exploitation and Online Protection Centre (CEOP).

( ) CEOP shall be accountable to the NCA Board but shall operate independently of the direction of the Board.

( ) Any funds delegated by the NCA to CEOP shall be reserved for that purpose.”

Page 49, line 37, leave out paragraph 1

Page 50, line 28, leave out “In any of” and insert “Including in”

Page 51, line 41, after “treated,” insert “including”

Page 7, line 9, leave out “Secretary of State” and insert “NCA Board”

Page 7, line 19, leave out “Secretary of State” and insert “NCA Board”

Page 7, line 20, leave out “Secretary of State” and insert “NCA Board”

Page 7, line 24, leave out “Secretary of State” and insert “NCA Board”

Page 54, line 31, leave out paragraph 5

Page 55, line 23, at end insert “or a member of the Police Service of Northern Ireland Reserve”

Page 55, line 26, at end insert “or as a member of the Police Service of Northern Ireland Reserve”

Page 8, line 18, leave out “also”

Page 8, line 18, after “NCA” insert “at its discretion or”

Page 8, line 32, at end insert—

“( ) In the Police Reform Act 2002, leave out section 10(1)(g) and insert—

“( ) to carry out functions in relation to the National Crime Agency which correspond to those conferred on the Commission in relation to police forces by paragraph (2) of this subsection”.”

Page 8, line 35, leave out “may” and insert “must”

Page 8, line 39, leave out “may” and insert “must”

Page 9, line 39, at end insert—

“( ) In the Police Reform Act 2002, in section 105(3) insert—

“(c) any regulations under section 26C”.”

Page 65, line 12, after “Schedule 7” insert “other than paragraph 1”

Page 10, line 15, after “officer” insert “, and any power of an NCA officer to disclose information,”

Page 69, line 16, leave out “Commissioners” and insert “Secretary of State”

Page 70, line 37, leave out paragraph 6

Page 71, line 34, leave out paragraph (a)

Page 72, line 26, at end insert—

9A (1) This paragraph applies where an NCA officer discloses information, in accordance with this Part of this Act, by—

(a) the inclusion of the information in an annual plan, framework document or annual report, or

(b) the publication of the information in accordance with arrangements made under section 6.

(2) None of the relevant restrictions applies to the further disclosure of that information by any person.

(3) In this paragraph “relevant restriction” means any provision of this Part of this Act (however expressed) which prohibits or otherwise restricts the further disclosure of information disclosed by an NCA officer (including a provision which limits the purposes for which such information may be further disclosed or which requires a person’s consent to be obtained before the further disclosure).”

Page 11, line 25, leave out subsection (2)

Page 88, line 37, leave out paragraphs 89 and 90

Page 88, line 39, at end insert—

“(2) After subsection (3) insert—

“(3A) In subsection (3)(n) “the National Crime Agency” includes only those functions that were subject to an exemption under this section prior to 1st April 2012.””

Page 14, line 23, leave out “local policing bodies” and insert “Police and Crime Commissioners”

Page 14, line 29, at end insert—

“(i) the Security Service;

(j) the Secret Intelligence Service;

(k) GCHQ as defined in section 7;”

Page 16, leave out lines 24 to 27

Lord Goodhart gives notice of his intention to oppose the Question that Clause 18 stand part of the Bill.

Page 167, line 25, leave out paragraphs 2 and 3

Page 168, leave out line 42

Page 168, leave out line 45

Page 172, line 30, leave out paragraphs 9 to 13

Page 172, line 41, at end insert—

“In section 64(1) (encouragement of diversity) after “under this Part,” insert “and the Lord Chancellor and the Lord Chief Justice in performing their functions,”.”

Page 194, leave out line 31

Page 194, leave out line 34

Lord Goodhart gives notice of his intention to oppose the Question that Schedule 12 be the Twelfth Schedule to the Bill.

Page 17, line 23, at end insert—

“( ) In fixing such an amount, and subsequent additions, account must be taken of the person’s relevant weekly income, excluding housing benefit and child benefit, and allowance must be made for the protection of a reasonable financial subsistence level, in the manner used to determine the initial fine.”

Insert the following new Clause—

Abolition of offence of scandalising the judiciary

The offence of scandalising the judiciary under the common law of England and Wales and the common law of Northern Ireland is abolished.”

Insert the following new Clause—

Public order offences

(1) Section 5 of the Public Order Act 1986 is amended as follows.

(2) In subsection (1), for “abusive or insulting” in the two places where it occurs there is substituted “or abusive”.”