Anti-social Behaviour, Crime and Policing Bill

AmendmentS
to be moved
on report

[Supplementary to the Second Marshalled List]

Before Clause 111

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Insert the following new Clause—

“Long-term police authorisation requiring independent approval

(1)   The Regulation of Investigatory Powers Act 2000 is amended as follows.

(2)   After section 32A (authorisations requiring judicial approval) insert—

“32AA           Long-term police authorisations requiring independent approval

(1)   This section applies where a relevant person has granted a long-
term authorisation under section 29.

(2)   The authorisation is not to take effect until such time (if any) as the
relevant independent body has made an order approving the grant
of the authorisation.

(3)   The relevant independent body may give approval under this
section to the granting of an authorisation under section 29 if, and
only if, the relevant independent body is satisfied that—

(a)   at the time of the grant—

(i)   there were reasonable grounds for believing that the
requirements of section 29(2), and any requirements
imposed by virtue of section 29(7)(b) are satisfied in
relation to that authorisation, and

(ii)   the relevant conditions were satisfied in relation to
that authorisation, and

(b)   at the time when the relevant independent body is
considering the matter, there remain reasonable grounds for
believing that the requirements of section 29(2), and any
requirements imposed by virtue of section 29(7)(b) are
satisfied in relation to that authorisation.

(4)   For the purposes of subsection (3) the relevant conditions in relation
to a grant by an individual holding an office, rank or position in a
relevant law enforcement agency are that—

(a)   the individual was a designated person for the purposes of
section 29,

(b)   the grant of an authorisation was not in breach of any
prohibition imposed by virtue of section 29(7)(a) or any
restriction imposed by virtue of section 30(3), and

(c)   any other conditions that may be provided for by the
Secretary of State were satisfied.

(5)   In this section—

“relevant law enforcement authority” means—

(a)   a police force in the United Kingdom, and

(b)   the National Crime Agency.

“relevant judicial authority” means—

(a)   in relation to England and Wales, the High Court of
Justice in England and Wales,

(b)   in relation to Scotland, the Court of Session, and

(c)   in relation to Northern Ireland, the High Court of
Justice in Northern Ireland.

“relevant person” means—

(a)   an individual holding an office, rank or position in a
police force in the United Kingdom, and

(b)   an individual holding an office, rank or position in
the National Crime Agency.

(6)   In this section—

“relevant independent body” must be defined by the Home
Secretary in a motion passed by both Houses of Parliament
before this section is enacted.

“long-term” must be defined by the Home Secretary in a
motion passed by both Houses of Parliament before this
section is enacted.””

Clause 128

LORD BLAIR OF BOUGHTON

LORD CONDON

 

Page 99, line 27, at end insert “subject to the successful completion of developed
(or equivalent) security vetting”

Clause 132

LORD TAYLOR OF HOLBEACH

 

Transpose Clause 132 to after Clause 106

Clause 133

LORD TAYLOR OF HOLBEACH

 

Transpose Clause 133 to after Clause 106

Clause 134

LORD TAYLOR OF HOLBEACH

 

Transpose Clause 134 to after Clause 106

Clause 139

LORD TAYLOR OF HOLBEACH

 

Page 107, line 22, leave out “which amends” and insert “amendments of or relating
to”

Schedule 8

LORD TAYLOR OF HOLBEACH

 

Page 179, line 35, at end insert—

“( )   In paragraph 1(5) (definition of examining officer) for “paragraph” there
is substituted “Schedule”.

( )   In paragraph 2(2)(d), the words “(within the meaning of that Schedule)”
are omitted.”

 

Page 179, line 38, at end insert—

“( )   After paragraph 7 there is inserted—

“7A    (1)   This paragraph applies where a person detained under
Schedule 7 requests to consult a solicitor.

(2)   The examining officer may not question the detained person
under paragraph 2 or 3 of Schedule 7 until the person has
consulted a solicitor (or no longer wishes to do so).

(3)   Sub-paragraph (2) does not apply if the examining officer
reasonably believes that postponing the questioning until then
would be likely to prejudice determination of the relevant
matters.

“(4)   The powers given by paragraph 8 of Schedule 7 (search
powers where a person is questioned under paragraph 2 of
Schedule 7) may be used when questioning is postponed
because of sub-paragraph (2).

(5)   The detained person is entitled to consult a solicitor in person.

(6)   Sub-paragraph (5) does not apply if the examining officer
reasonably believes that the time it would take to consult a
solicitor in person would be likely to prejudice determination
of the relevant matters.

(7)   In that case the examining officer may require any
consultation to take place in another way.

(8)   In this paragraph “the relevant matters” means the matters the
examining officer seeks to determine under paragraph 2 or 3
of Schedule 7.””

 

Page 180, line 5, at end insert—

“( )   After paragraph 16 there is inserted—

“16A   (1)  This paragraph applies where a person detained under
Schedule 7 requests to consult a solicitor.

(2)   The examining officer may not question the detained person
under paragraph 2 or 3 of Schedule 7 until the person has
consulted a solicitor (or no longer wishes to do so).

(3)   Sub-paragraph (2) does not apply if the examining officer
reasonably believes that postponing the questioning until then
would be likely to prejudice determination of the relevant
matters.

“(4)   The powers given by paragraph 8 of Schedule 7 (search
powers where a person is questioned under paragraph 2 of
Schedule 7) may be used when questioning is postponed
because of sub-paragraph (2).

(5)   The detained person is entitled to consult a solicitor in person.

(6)   Sub-paragraph (5) does not apply if the examining officer
reasonably believes that the time it would take to consult a
solicitor in person would be likely to prejudice determination
of the relevant matters.

(7)   In that case the examining officer may require any
consultation to take place in another way.

(8)   In this paragraph “the relevant matters” means the matters the
examining officer seeks to determine under paragraph 2 or 3
of Schedule 7.””

 

Page 180, line 9, at end insert—

“( )   in sub-paragraph (1), for “and” there is substituted “to”;”

 

Page 180, leave out lines 34 to 39 and insert—

“General requirements

20K   (1)  A person’s detention under Schedule 7 must be periodically
reviewed by a review officer.

(2)   The first review must be carried out before the end of the
period of one hour beginning with the person’s detention
under that Schedule.

(3)   Subsequent reviews must be carried out at intervals of not
more than two hours.”

 

Page 181, line 8, leave out “paragraph” and insert “Part of this Schedule”

 

Page 181, line 18, at end insert—

“( )   The Secretary of State must under paragraph 6 of Schedule 14
issue a code of practice about reviews under this Part of this
Schedule.”

 

Page 181, line 20, at end insert—

“Representations

20L   (1)  Before determining whether to authorise a person’s continued
detention, a review officer must give either of the following
persons an opportunity to make representations about the
detention—

(a)   the detained person, or

(b)   a solicitor representing the detained person who is
available at the time of the review.

(2)   Representations may be oral or written.

(3)   A review officer may refuse to hear oral representations from
the detained person if the officer considers that the detained
person is unfit to make representations because of the
detained person’s condition or behaviour.

Rights

20M   (1)  Where a review officer authorises continued detention the
officer must inform the detained person—

(a)   of any of the detained person’s rights under
paragraphs 6 and 7 which have not yet been exercised,
and

(b)   if the exercise of any of those rights is being delayed in
accordance with the provisions of paragraph 8, of the
fact that it is being delayed.

(2)   Where a review of a person’s detention is being carried out at
a time when the person’s exercise of a right under paragraph
6 or 7 is being delayed—

(a)   the review officer must consider whether the reason or
reasons for which the delay was authorised continue to
subsist, and

(b)   if in the review officer’s opinion the reason or reasons
have ceased to subsist, the review officer must inform
the officer who authorised the delay of that opinion
(unless the review officer was that officer).

(3)   In the application of this paragraph to Scotland, for the
references to paragraphs 6, 7 and 8 substitute references to
paragraph 16.

Record

20N   (1)  A review officer carrying out a review must make a written
record of the outcome of the review and of any of the following
which apply—

(a)   the fact that the officer is satisfied that continued
detention is necessary for the purposes of exercising a
power under paragraph 2 or 3 of Schedule 7,

(b)   the fact that the detained person has been informed as
required under paragraph 20M(1),

(c)   the officer’s conclusion on the matter considered under
paragraph 20M(2)(a), and

(d)   the fact that the officer has taken action under
paragraph 20M(2)(b).

(2)   The review officer must inform the detained person whether
the officer is authorising continued detention, and if so that the
officer is satisfied that continued detention is necessary for the
purposes of exercising a power under paragraph 2 or 3 of
Schedule 7.

(3)   Sub-paragraph (2) does not apply where the detained person
is—

(a)   incapable of understanding what is said,

(b)   violent or likely to become violent, or

(c)   in urgent need of medical attention.””

 

Page 181, line 20, at end insert—

“Codes of practice

   (1)   Schedule 14 to the Terrorism Act 2000 (exercise of powers—codes of
practice etc) is amended as follows.

(2)   In paragraph 1, after ““officer” means” there is inserted “(subject to
paragraph 6A”.

(3)   After paragraph 6 there is inserted—

“6A In paragraphs 5 and 6, “officer” includes a constable,
immigration officer or customs officer who—

(a)   has functions under Schedule 7, or

(b)   has functions under Schedule 8 in relation to a person
detained under Schedule 7,

otherwise than as an examining officer.””

otherwise than as an examining officer.””

Clause 140

LORD TAYLOR OF HOLBEACH

 

Page 107, line 26, leave out from “Service),” to end of line 31 and insert “after
subsection (3) there is inserted—

“(3A)    This section applies to the Serious Fraud Office as it applies to the
Crown Prosecution Service.””

After Clause 140

LORD TAYLOR OF HOLBEACH

 

Insert the following new Clause—

“Jurisdiction of Investigatory Powers Tribunal over Surveillance
Commissioners

(1)   Section 91 of the Police Act 1997 (Surveillance Commissioners) is amended
as follows.

(2)   In subsection (10), for “sections 104 and 106” there is substituted “section
104”.

(3)   After subsection (10) there is inserted—

“(11)   Subsection (10) is not to be read as affecting the jurisdiction of the
Tribunal conferred by section 65 of the Regulation of Investigatory
Powers Act 2000 or section 23 of the Regulation of Investigatory
Powers (Scotland) Act 2000.””

After Clause 142

LORD DEBEN

THE LORD BISHOP OF NEWCASTLE

THE COUNTESS OF MAR

BARONESS O’CATHAIN

 

Insert the following new Clause—

“Use of amplified noise equipment in vicinity of the Palace of Westminster

(1)   The Police Reform and Social Responsibility Act 2011 is amended as
follows.

(2)   After section 142 there is inserted—

“142A           Other controlled areas in vicinity of the Palace of Westminster

(1)   For the purposes of this Part, the “Palace of Westminster controlled
area” means the area of land in the City of Westminster that is
comprised in—

(a)   the highways in the postal district SW1 known as—

(i)   Bridge Street,

(ii)   St Margaret’s Street, and

(iii)   Abingdon Street,

(b)   so much of the highway in the postal district SW1 known as
Great College Street as immediately adjoins Abingdon
Street Garden,

(c)   Old Palace Yard,

(d)   Abingdon Street Garden (and its pathways), and

(e)   Victoria Tower Gardens.

(2)   In subsection (1)—

“Abingdon Street Garden” means the garden constructed on
the sites of properties formerly known as 18 to 28 (both
inclusive) Abingdon Street, London, SW1, together with the
garden surrounding the adjoining Jewel Tower and the
lawn surrounding the King George V Memorial;

“highway” has the same meaning as in the Highways Act 1980
(see section 328 of that Act);

“Old Palace Yard” includes the King George V Memorial.”

(3)   In section 143 (prohibited activities in controlled area of Parliament
Square)—

(a)   in the title, at the end there is inserted “or in Palace of Westminster
controlled area
”, and

(b)   in subsection (2)(a) after “Parliament Square” there is inserted “or in
the Palace of Westminster controlled area”.

(4)   In section 144 (directions under section 143: further provision), in
subsection (5) after “Parliament Square” there is inserted “, or the Palace of
Westminster controlled area,”.

(5)   In section 145 (power to seize property)—

(a)   in subsection (1) at the end there is inserted “in that area”,

(b)   after that subsection there is inserted—

“(1A)    A constable or authorised officer may seize and retain a
prohibited item that is on any land in the Palace of
Westminster controlled area if it appears to that constable or
officer that the item is being, or has been, used in connection
with the commission of an offence under section 143 in that
area.”,

(c)   in subsection (2) at the end there is inserted “in that area”,

(d)   after that subsection there is inserted—

“(2A)    A constable may seize and retain a prohibited item that is on
any land outside of the Palace of Westminster controlled
area if it appears to the constable that the item has been used
in connection with the commission of an offence under
section 143 in that area.”, and

(e)   in subsection (8), for “subsections (1) and (2)” there is substituted
“this section”.

(6)   In section 146 (power of court on conviction)—

(a)   in subsection (1)(b) for “the controlled area of Parliament Square”
there is substituted “a relevant area”,

(b)   in subsection (2) for “the controlled area of Parliament Square”
there is substituted “a relevant area”, and

(c)   after that subsection there is inserted—

“(2A)    In this section “relevant area” means an area consisting of
either or both of the following areas—

(a)   the controlled area of Parliament Square, and

(b)   the Palace of Westminster controlled area.”

(7)   In section 147 (authorisation for operation of amplified noise equipment),
in subsection (1)—

(a)   after “Parliament Square” there is inserted “or the Palace of
Westminster controlled area”, and

(b)   after “that land” there is inserted “(or any part of it)”.

(8)   In section 148 (meaning of “authorised officer” and “responsible
authority”)—

(a)   in subsection (2) after “Parliament Square” there is inserted “, or in
relation to any land in the Palace of Westminster controlled area
other than Royal Park land,”, and

(b)   after subsection (3) there is inserted—

“(4)   “Responsible authority”, in relation to any land in the Palace
of Westminster controlled area, means—

(a)   the Secretary of State, for any land comprised in
Royal Park land;

(b)   Westminster City Council, for any other land.

(5)   In this section “Royal Park land” means any land of a
description specified in Schedule 1 to the Royal Parks and
Other Open Spaces Regulations 1997 (S.I. 1997/1639), as
that Schedule has effect on the day on which the Anti-social
Behaviour, Crime and Policing Act 2014 is passed.”

(9)   In section 149 (effect of Part on byelaws), in subsection (3), after
“Parliament Square” there is inserted “or the Palace of Westminster
controlled area”.

(10)   In the italic cross-heading before section 142, for “Garden and adjoining
pavements” there is substituted “etc”.

(11)   In the title of Part 3, for “Garden and surrounding area” there is substituted
“etc”.”

After Clause 152

LORD TAYLOR OF HOLBEACH

 

Insert the following new Clause—

“Extradition to the United Kingdom to be sentenced or to serve a sentence

In section 142 of the Extradition Act 2003 (issue of Part 3 warrant), for
subsection (2A) there is substituted—

“(2A)    The condition is that—

(a)   the person has been convicted of an extradition offence by a
court in the United Kingdom,

(b)   his extradition is sought for the purpose of his being
sentenced for the offence or of his serving a sentence of
imprisonment or another form of detention imposed in
respect of the offence, and

(c)   either a domestic warrant has been issued in respect of the
person or the person may be arrested without a warrant.””

 

Insert the following new Clause—

“Detention of extradited person for trial in England and Wales for other
offences

(1)   In sections 150 and 151A of the Extradition Act 2003 (dealing with
extradited person for other offences), at the end of subsection (2) there is
inserted—

“This is subject to section 151B.”

(2)   After section 151A of that Act there is inserted—

“151B            Detention of person for trial in England and Wales for other
offences

(1)   Section 150 or 151A does not prevent a person in whose case that
section applies from being detained with a view to trial in England
and Wales for an offence if the conditions in subsection (2) are
satisfied.

(2)   The conditions are that—

(a)   the United Kingdom and the territory from which the
person was extradited have each made a declaration under
Article 14(3) of the Extradition Convention, and the
declarations are still in force;

(b)   the Secretary of State makes a request for the consent
referred to in section 150(3)(c) or 151A(3)(c) in respect of the
offence (“the consent request”);

(c)   the Secretary of State gives notification, which is explicitly
acknowledged on behalf of the territory, of the date on
which the detention is to begin (“the notified date”).

(3)   The Extradition Convention is the European Convention on
Extradition done at Paris on 13 December 1957.

(4)   This section applies only to detention during the period beginning
with the notified date and ending with whichever of the following
occurs first—

(a)   if a notification of opposition to the detention is given on
behalf of the territory, the date on which Secretary of State
receives it;

(b)   the date on which the Secretary of State receives notification
given on behalf of the territory as to whether the consent
request is granted or refused;

(c)   the expiry of the period of 90 days beginning with the date
on which the consent request is received.””

After Clause 162

LORD TAYLOR OF HOLBEACH

LORD PANNICK

 

Insert the following new Clause—

“Abolition of defence of marital coercion

(1)   The defence of marital coercion is abolished.

(2)   Accordingly, section 47 of the Criminal Justice Act 1925 (coercion of
married woman by husband) is repealed.

(3)   This section does not have effect in respect of an offence alleged to have
been committed before the date on which it comes into force.”

Schedule 10

LORD TAYLOR OF HOLBEACH

 

Page 206, leave out lines 36 and 37

 

Page 210, line 9, at end insert—

In section 226 of that Act (extent), in subsection (2), after “Sections” there
is inserted “151B,”.”

Clause 167

LORD TAYLOR OF HOLBEACH

 

Page 132, line 34, leave out “or” and insert—

“( )   regulations under section 132(5)(b), or”

Clause 169

LORD DEBEN

THE LORD BISHOP OF NEWCASTLE

THE COUNTESS OF MAR

BARONESS O’CATHAIN

 

Page 133, line 30, at end insert—

“( )   section (  Use of amplified noise equipment in vicinity of the Palace of
Westminster
);”

LORD TAYLOR OF HOLBEACH

 

Page 133, line 31, after “sections” insert “(  Detention of person for trial in England and
Wales for other offences
),”

LORD TAYLOR OF HOLBEACH

LORD PANNICK

 

Page 133, line 32, at end insert—

“( )   section (  Abolition of defence of marital coercion);”

LORD TAYLOR OF HOLBEACH

 

Page 134, line 9, at end insert—

“( )   section (  Jurisdiction of Investigatory Powers Tribunal over Surveillance
Commissioners
);”

 

Page 134, line 10, after “sections” insert “(  Detention of person for trial in England and
Wales for other offences
) and”

Clause 170

LORD TAYLOR OF HOLBEACH

 

Page 134, line 31, after “sections” insert “(  Jurisdiction of Investigatory Powers Tribunal
over Surveillance Commissioners
),”

LORD TAYLOR OF HOLBEACH

LORD PANNICK

 

Page 134, line 33, leave out “section 141, which comes” and insert “sections 141 and
(  Abolition of defence of marital coercion), which come”

Prepared 16th January 2014