Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)

Application etc of orders

6 After section 136 there is inserted—

“136ZA Application of orders throughout the United Kingdom

(1) In this section “relevant order” means—

(a) 5a sexual harm prevention order;

(b) an interim sexual harm prevention order;

(c) a sexual offences prevention order;

(d) an interim sexual offences prevention order;

(e) a foreign travel order;

(f) 10a sexual risk order;

(g) an interim sexual risk order;

(h) a risk of sexual harm order;

(i) an interim risk of sexual harm order;

(j) an order under section 2 of the Protection of Children and
15Prevention of Sexual Offences (Scotland) Act 2005 (risk of
sexual harm orders in Scotland);

(k) an order under section 5 of that Act (interim risk of sexual
harm orders in Scotland).

(2) For the purposes of sections 103I, 113, 122, 122H and 128,
20prohibitions imposed by a relevant order made in one part of the
United Kingdom apply (unless expressly confined to particular
localities) throughout that and every other part of the United
Kingdom.

136ZB Order ceases to have effect when new order made

(1) 25Where a court in England and Wales makes an order listed in the first
column of the following Table in relation to a person who is already
subject to an order listed opposite it in the second column, the earlier
order ceases to have effect (whichever part of the United Kingdom it
was made in) unless the court orders otherwise.

(2) Where a court in Northern Ireland or Scotland makes an order listed
in the first column of the following Table in relation to a person who
is already subject to an order or prohibition listed opposite it in the
40second column, the earlier order or prohibition ceases to have effect
(even though it was made or imposed by a court in England and
Wales) unless the court orders otherwise.

(3) In this section—

(a) “court”, in Scotland, includes sheriff;

(b) “risk of sexual harm order” includes an order under section 2
25of the Protection of Children and Prevention of Sexual
Offences (Scotland) Act 2005.”

Section 120

SCHEDULE 6 Schedule to be inserted as Schedule 4B to the Police Act 1996

Section 64A

“Schedule 1 30The Police Remuneration Review Body

Interpretation

1 In this Schedule “review body” means the Police Remuneration
Review Body.

Members of the review body

2 35The Secretary of State shall determine how many members the
review body should have and what kinds of experience the
members should possess.

3 Members shall hold and vacate office in accordance with the terms
of their appointment.

4 Members shall adhere to any statement of principles issued by the
Secretary of State as to their conduct as members.

Resignation of members

5 (1) The chair of the review body may resign by giving written notice
5to the Prime Minister.

(2) Resignation may be either—

(a) as chair, or

(b) as both chair and member.

6 (1) The deputy chair of the review body may resign by giving written
10notice to the Secretary of State.

(2) Resignation may be either—

(a) as deputy chair, or

(b) as both deputy chair and member.

7 A member other than the chair or deputy chair may resign by
15giving written notice to the Secretary of State.

Dismissal of members

8 (1) The Prime Minister may by written notice dismiss the chair on the
ground that—

(a) the chair has been adjudged bankrupt, has been made the
20subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors;

(b) in the opinion of the Prime Minister the chair is unable,
unfit or unwilling to perform—

(i) 25the functions of chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) as chair, or

(b) as both chair and member (but only if sub-paragraph (1)(a)
30or (b)(ii) applies).

9 (1) The Secretary of State may by written notice dismiss the deputy
chair on the ground that—

(a) the deputy chair has been adjudged bankrupt, has been
made the subject of a debt relief order (under Part 7A of the
35Insolvency Act 1986) or has made an arrangement with
creditors;

(b) in the opinion of the Secretary of State the deputy chair is
unable, unfit or unwilling to perform—

(i) the functions of deputy chair, or

(ii) 40the functions of a member.

(2) Dismissal may be either—

(a) as deputy chair, or

(b) as both deputy chair and member (but only if sub-
paragraph (1)(a) or (b)(ii) applies).

10 The Secretary of State may by written notice dismiss a member
other than the chair or deputy chair on the ground that—

(a) the member has been adjudged bankrupt, has been made
the subject of a debt relief order (under Part 7A of the
5Insolvency Act 1986) or has made an arrangement with
creditors, or

(b) in the opinion of the Secretary of State the member is
unable, unfit or unwilling to perform the functions of a
member.

10Procedure

11 (1) Subject to sub-paragraph (2), the review body shall determine its
own procedure.

(2) The Secretary of State may give directions to the review body as to
its procedure, including in particular directions about—

(a) 15the persons from whom the review body is to obtain
evidence;

(b) the procedure for obtaining evidence.

(3) The validity of proceedings of the review body is not affected by—

(a) a vacancy in its membership (including a vacancy in the
20position of chair);

(b) a defect in a person’s appointment.

Matters to be considered

12 The Secretary of State may give directions to the review body
about the matters that it is to consider when making decisions.

25Consultation

13 (1) The Secretary of State shall consult with the persons and bodies
listed in sub-paragraph (2), and any others that the Secretary of
State thinks fit, before—

(a) making or revising a determination under paragraph 2;

(b) 30issuing or revising a statement of principles under
paragraph 4;

(c) giving or revising a direction under paragraph 11(2) or 12.

(2) The persons and bodies are—

(a) the Department of Justice in Northern Ireland;

(b) 35persons whom the Secretary of State considers to represent
the views of chief officers of police and of the Chief
Constable of the Police Service of Northern Ireland;

(c) persons whom the Secretary of State considers to represent
the interests of members of police forces;

(d) 40persons whom the Secretary of State considers to represent
the interests of members of the Police Service of Northern
Ireland;

(e) persons whom the Secretary of State considers to represent
the views of the persons and bodies who between them
45maintain the police forces in England and Wales;

(f) the Northern Ireland Policing Board.

(3) The Secretary of State shall consult with the Department of Justice
in Northern Ireland before exercising a power of dismissal under
paragraph 8, 9 or 10.

5Publication

14 The Secretary of State shall arrange for the publication of—

(a) a statement of any determination made under paragraph 2
(and of any revised determination);

(b) any statement of principles issued under paragraph 4 (and
10any revised statement);

(c) any direction given under paragraph 11(2) or 12 (and any
revised direction).

Money

15 The Secretary of State or the Department of Justice in Northern
15Ireland—

(a) may defray expenses incurred by the review body;

(b) may pay remuneration and allowances to members;

(c) may make payments to or in respect of a member by way
of or in connection with—

(i) 20a pension;

(ii) an allowance or gratuity on retirement or death;

(d) may pay compensation to a person who ceases to be a
member if it seems to the Secretary of State or the
Department to be right to do so by reason of special
25circumstances.”

Section 138

SCHEDULE 7 Powers to seize invalid passports etc

Interpretation

1 (1) In this Schedule “examining officer” means—

(a) 30a constable,

(b) a person appointed as an immigration officer under paragraph 1 of
Schedule 2 to the Immigration Act 1971, or

(c) a general customs official designated under section 3(1) of the
Borders, Citizenship and Immigration Act 2009.

(2) 35In this Schedule “travel document” means anything that is, or appears to be,
a passport or other document which—

(a) has been issued by or for Her Majesty’s Government, or the
government of another state, and

(b) enables or facilitates travel from one state to another.

(3) 40For the purposes of this Schedule a travel document is “invalid” if—

(a) it has been cancelled,

(b) it has expired,

(c) it was not issued by the government or authority by which it
purports to have been issued, or

(d) it has undergone an unauthorised alteration.

(4) 5In this Schedule “port” means—

(a) an airport,

(b) a sea port,

(c) a hoverport,

(d) a heliport,

(e) 10a railway station where passenger trains depart for, or arrive from,
places outside the United Kingdom, or

(f) any other place at which a person is able, or attempting, to get on or
off any craft, vessel or vehicle in connection with entering or leaving
Great Britain or Northern Ireland.

15Powers of search and seizure etc: ports

2 (1) An examining officer may exercise any of the powers under this paragraph
in the case of a person at a port whom the officer believes to be there in
connection with—

(a) entering or leaving Great Britain or Northern Ireland, or

(b) 20travelling by air within Great Britain or within Northern Ireland.

(2) The powers are—

(a) to require the person to hand over all travel documents in his or her
possession for inspection by the examining officer;

(b) to search for travel documents and to take possession of any that the
25officer finds;

(c) to inspect any travel document taken from the person and to retain it
while its validity is checked;

(d) (subject to paragraph 4) to retain any travel document taken from the
person that the examining officer believes to be invalid.

(3) 30The power under sub-paragraph (2)(b) is a power to search—

(a) the person;

(b) anything that the person has with him or her;

(c) any vehicle in which the examining officer believes the person to
have been travelling or to be about to travel.

(4) 35An examining officer—

(a) may stop a person or vehicle for the purposes of exercising a power
under this paragraph;

(b) may if necessary use reasonable force for the purpose of exercising a
power under this paragraph;

(c) 40may authorise a person to carry out on the officer’s behalf a search
under this paragraph.

Powers of search and seizure etc: constables

3 (1) A constable may exercise any of the powers under this paragraph, at a place
that is not a port, in the case of a person whom the constable reasonably
45believes to be in possession of a passport to which this paragraph applies.

(2) This paragraph applies to a passport if—

(a) the passport was issued by or for Her Majesty’s Government,

(b) the Secretary of State has cancelled the passport on the basis that the
person to whom it was issued has or may have been, or will or may
5become, involved in activities so undesirable that it is contrary to the
public interest for the person to have access to passport facilities, and

(c) the passport is specified in an authorisation issued by the Secretary
of State for the use of the powers under this paragraph.

(3) The powers are—

(a) 10to require the person to hand over all travel documents in his or her
possession for inspection by the constable;

(b) to search for travel documents and to take possession of any that the
constable finds;

(c) to inspect any travel document taken from the person and to retain it
15while its validity is checked;

(d) (subject to paragraph 4) to retain any travel document taken from the
person that the constable believes to be invalid.

(4) The power under sub-paragraph (3)(b) is a power to search—

(a) the person;

(b) 20anything that the person has with him or her;

(c) any vehicle in which the constable believes the person to have been
travelling or to be about to travel;

(d) any premises on which the constable is lawfully present.

(5) A constable—

(a) 25may if necessary use reasonable force for the purpose of exercising a
power under this paragraph;

(b) may authorise a person to carry out on the constable’s behalf a search
under this paragraph.

Retention or return of documents seized

4 (1) 30If a travel document is retained under paragraph 2(2)(c) or 3(3)(c) while its
validity is checked, the checking must be carried out as soon as possible.

(2) If it is established that a travel document taken from a person under
paragraph 2 or 3—

(a) is valid, or

(b) 35is invalid only because it has expired,

it must be returned to the person straight away.

(3) A travel document taken from a person under paragraph 2 or 3 must be
returned to the person before the end of the period of 7 days beginning with
the day on which it was taken, unless during that period it is established that
40the document is invalid for some reason other than expiry.

(4) A requirement under sub-paragraph (2)(b) or (3) to return an expired travel
document does not apply where the officer concerned reasonably believes
that the person from whom he or she took the document, or some other
person, intends to use it for purposes for which it is no longer valid.

(5) A requirement under sub-paragraph (2) or (3) to return a travel document
has effect subject to any provision not in this Schedule under which the
document may be lawfully retained.

Offences

5 (1) 5A person who is required under paragraph 2(2)(a) or 3(3)(a) to hand over all
travel documents in the person’s possession commits an offence if he or she
fails without reasonable excuse to do so.

(2) A person who intentionally obstructs, or seeks to frustrate, a search under
paragraph 2 or 3 commits an offence.

(3) 10A person guilty of an offence under this paragraph is liable on summary
conviction—

(a) to imprisonment for a term not exceeding 6 months, or

(b) to a fine, which in Scotland or Northern Ireland may not exceed
£5,000,

15or to both.

6 An examining officer, other than a constable, exercising a power under
paragraph 2 has the same powers of arrest without warrant as a constable in
relation to an offence under—

(a) paragraph 6, or

(b) 20section 4 or 6 of the Identity Documents Act 2010.

Section 139

SCHEDULE 8 Port and border controls

Examining officers

1 (1) Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2) 25In paragraph 1(1)(b), after “officer” there is inserted “who is designated for
the purpose of this Schedule by the Secretary of State”.

(3) After paragraph 1 there is inserted—

“Examining officers etc

1A (1) The Secretary of State must under paragraph 6 of Schedule 14
30issue a code of practice about—

(a) training to be undertaken by constables, immigration
officers and customs officers who are to act as examining
officers or exercise other functions under this Schedule,
and

(b) 35the procedure for making designations under paragraph
1(1)(b) and (c).

(2) In particular, the code must make provision for consultation with
the relevant chief officer of police before designations are made
under paragraph 1(1)(b) or (c).

(3) “Relevant chief officer of police” means—

(a) in England and Wales, the chief officer of police for the
police area in which the persons designated would act as
examining officers,

(b) 5in Scotland, the Chief Constable of the Police Service of
Scotland, and

(c) in Northern Ireland, the Chief Constable of the Police
Service of Northern Ireland.”

Time limits on examination without detention and on detention

2 (1) 10Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2) Paragraph 6(4) is repealed.

(3) After paragraph 6 there is inserted—

“6A (1) This paragraph applies where a person is questioned under
paragraph 2 or 3.

(2) 15After the end of the 1 hour period, the person may not be
questioned under either of those paragraphs unless the person is
detained under paragraph 6.

(3) If the person is detained under paragraph 6 the person must be
released not later than the end of the 6 hour period (unless
20detained under another power).

(4) In this paragraph—

• “the 1 hour period” is the period of 1 hour beginning with the
  time the person is first questioned under paragraph 2 or 3;

• “the 6 hour period” is the period of 6 hours beginning with
  25that time.”

Powers to search persons

3 In paragraph 8 of Schedule 7 to the Terrorism Act 2000, after sub-paragraph
(3) there is inserted—

“(4) An intimate search of a person may not be carried out under this
30paragraph.

(5) A strip search of a person may not be carried out under this
paragraph unless—

(a) the person is detained under paragraph 6,

(b) the examining officer has reasonable grounds to suspect
35that the person is concealing something which may be
evidence that the person falls within section 40(1)(b), and

(c) the search is authorised by a senior officer who has not
been directly involved in questioning the person.

(6) “Senior officer” means—

(a) 40where the examining officer is a constable, a constable of a
higher rank than the examining officer,

(b) where the examining officer is an immigration officer, an
immigration officer of a higher grade than the examining
officer, and

(c) where the examining officer is a customs officer, a customs
5officer of a higher grade than the examining officer.

(7) In this paragraph—

• “intimate search” means a search which consists of a physical
  examination of a person’s body orifices other than the
  mouth;

• 10“strip search” means a search which is not an intimate search
  but involves the removal of an article of clothing which—

  (a)

  is being worn wholly or partly on the trunk, and

  (b)

  is being so worn either next to the skin or next to an
  article of underwear.”

15Power to make and retain copies

4 In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is
inserted—

“Power to make and retain copies

11A (1) This paragraph applies where the examining officer is a constable.

(2) 20The examining officer may copy anything which—

(a) is given to the examining officer in accordance with
paragraph 5,

(b) is searched or found on a search under paragraph 8, or

(c) is examined under paragraph 9.

(3) 25The copy may be retained—

(a) for so long as is necessary for the purpose of determining
whether a person falls within section 40(1)(b),

(b) while the examining officer believes that it may be needed
for use as evidence in criminal proceedings, or

(c) 30while the examining officer believes that it may be needed
in connection with a decision by the Secretary of State
whether to make a deportation order under the
Immigration Act 1971.”

Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

5 (1) 35Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2) In paragraph 6, for “police station”, in each place, there is substituted
“place”.

(3) In paragraph 7(1) the words “at a police station” are omitted.

(4) In paragraph 8 (1), for “an officer” there is substituted “a police officer”.

(5) 40In paragraph 9(2)(a) and (b)—

(a) the words “at a police station” are omitted;

(b) for “an officer” there is substituted “a police officer”.