Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

the appeal, and may also make such incidental or consequential
orders as appear to it to be just.

(9) In this section—

• “the appropriate court” means—

  (a)

  5where the sexual harm prevention order was made
  by—

  (i)

  the Crown Court, otherwise than on appeal
  from a magistrates’ court, or

  (ii)

  the Court of Appeal,

  10the Crown Court (in Northern Ireland);

  (b)

  where—

  (i)

  the sexual harm prevention order was made
  by a magistrates’ court, or by the Crown Court
  on appeal from a magistrates’ court, and

  (ii)

  15the defendant is aged 18 or over,

  any court of summary jurisdiction in Northern
  Ireland;

  (c)

  where—

  (i)

  the defendant is aged under 18, and

  (ii)

  20paragraph (a) does not apply,

  any youth court in Northern Ireland;

• “the Chief Constable” means the Chief Constable of the Police
  Service of Northern Ireland;

• “sexual harm”, “child” and “vulnerable adult” each has the
  25meaning given in section 103B(1).

136ZD Variation of sexual risk order by court in Northern Ireland

(1) This section applies where a sexual risk order has been made in
respect of a person who now—

(a) is residing in Northern Ireland, or

(b) 30is in or is intending to come to Northern Ireland.

(2) An application may be made to the appropriate court in Northern
Ireland—

(a) by the defendant, or

(b) by the Chief Constable,

35for an order varying the sexual risk order.

(3) Subject to subsections (4) and (5), on the application the court, after
hearing the person making the application and the other person
mentioned in subsection (2) (if that person wishes to be heard), may
make any order varying the sexual risk order that the court considers
40appropriate.

(4) An order may be varied so as to impose additional prohibitions on
the defendant only if it is necessary to do so for the purpose of—

(a) protecting the public in Northern Ireland, or any particular
members of the public in Northern Ireland, from harm from
45the defendant, or

(b) protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from the
defendant outside the United Kingdom.

(5) An order as varied under this section may contain only such
5prohibitions as are necessary for the purpose of—

(a) protecting the public or any particular members of the public
from harm from the defendant, or

(b) protecting children or vulnerable adults generally, or any
particular children or vulnerable adults, from harm from the
10defendant outside the United Kingdom.

(6) The defendant may appeal against the making of an order under this
section, or the refusal to make such an order, to a county court in
Northern Ireland.

(7) On an appeal under subsection (6), the county court may make such
15orders as may be necessary to give effect to its determination of the
appeal, and may also make such incidental or consequential orders
as appear to it to be just.

(8) In this section—

• “the appropriate court” means—

  (a)

  20where the defendant is aged 18 or over, any court of
  summary jurisdiction in Northern Ireland;

  (b)

  where the defendant is aged under 18, any youth
  court in Northern Ireland;

• “the Chief Constable” means the Chief Constable of the Police
  25Service of Northern Ireland;

• “harm”, “child” and “vulnerable adult” each has the meaning
  given in section 122B(1).”

Service courts

7 (1) Section 137 of the Sexual Offences Act 2003 (service courts) is amended as
30follows.

(2) In subsection (2), for “104(1)” there is substituted “103A(1)”.

(3) For subsection (3) there is substituted—

“(3) Where the court making a sexual harm prevention order is a service
court—

(a) 35sections 103A(3) to (8), 103F and 103J do not apply;

(b) sections 103A(1) and (2), 103B to 103E and 103G to 103I
apply—

(i) subject to paragraphs (c) and (d), and

(ii) as if they extended to the whole of the United
40Kingdom;

(c) in relation to an application under section 103E in respect of
a defendant who at the time of the application is a person
subject to service law or a civilian subject to service
discipline—

(i) the application may be made only by the defendant or
a Provost Martial, and must be made to the Court
Martial;

(ii) consent under section 103E(7) must be the consent of
5the defendant and a Provost Martial;

(iii) an appeal against the making of an order under
section 103E, or the refusal to make such an order,
must be made to the Court Martial Appeal Court;

(d) in relation to an application under section 103E in respect of
10a defendant who at the time of the application is neither a
person subject to service law nor a civilian subject to service
discipline—

(i) the application must be made to the Crown Court in
England and Wales;

(ii) 15an appeal against the making of an order under
section 103E, or the refusal to make such an order,
must be made to the Court of Appeal in England and
Wales.”

(4) In subsection (4)—

(a) 20for “section “service court” means” there is substituted “section—

• “civilian subject to service discipline” has the same meaning as in
  the Armed Forces Act 2006 (see section 370 of that Act);

• “service court” means”;

(b) at the end there is inserted—

• 25““subject to service law” has the same meaning as in the Armed
  Forces Act 2006 (see section 374 of that Act).”

(5) After subsection (5) there is inserted—

“(6) Paragraphs (c)(i) and (d)(i) of subsection (3) have effect, in relation to
a sexual harm prevention order made by the Court Martial Appeal
30Court, as if the reference to a service court in that subsection included
a reference to that court.”

Section 130

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

Section 64A

“Schedule 1 35The Police Remuneration Review Body

Interpretation

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

Members of the review body

2 40The 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.

5Resignation of members

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

(2) Resignation may be either—

(a) as chair, or

(b) 10as both chair and member.

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

(2) Resignation may be either—

(a) as deputy chair, or

(b) 15as both deputy chair and member.

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

Dismissal of members

8 (1) The Prime Minister may by written notice dismiss the chair on the
20ground that—

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

(b) 25in the opinion of the Prime Minister the chair is unable,
unfit or unwilling to perform—

(i) the functions of chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) 30as chair, or

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

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

(a) 35the deputy chair has been adjudged bankrupt, has been
made the subject 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 Secretary of State the deputy chair is
40unable, unfit or unwilling to perform—

(i) the functions of deputy chair, or

(ii) the 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
5other 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
Insolvency Act 1986) or has made an arrangement with
creditors, or

(b) 10in the opinion of the Secretary of State the member is
unable, unfit or unwilling to perform the functions of a
member.

Procedure

11 (1) Subject to sub-paragraph (2), the review body shall determine its
15own procedure.

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

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

(b) 20the 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
position of chair);

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

25Matters 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.

Consultation

13 (1) The Secretary of State shall consult with the persons and bodies
30listed 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) issuing or revising a statement of principles under
paragraph 4;

(c) 35giving 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) persons whom the Secretary of State considers to represent
the views of chief officers of police and of the Chief
40Constable 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) persons 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
5the views of the persons and bodies who between them
maintain 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
10paragraph 8, 9 or 10.

Publication

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) 15any statement of principles issued under paragraph 4 (and
any revised statement);

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

Money

15 20The Secretary of State or the Department of Justice in Northern
Ireland—

(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
25of or in connection with—

(i) a 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
30Department to be right to do so by reason of special
circumstances.”

Section 145

SCHEDULE 7 Powers to seize invalid passports etc

Interpretation

1 (1) 35In this Schedule “examining officer” means—

(a) a 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
40Borders, Citizenship and Immigration Act 2009.

(2) In 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) 5enables or facilitates travel from one state to another.

(3) For 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
10purports to have been issued, or

(d) it has undergone an unauthorised alteration.

(4) In this Schedule “port” means—

(a) an airport,

(b) a sea port,

(c) 15a hoverport,

(d) a heliport,

(e) a 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
20off any craft, vessel or vehicle in connection with entering or leaving
Great Britain or Northern Ireland.

Powers 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
25connection with—

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

(b) travelling 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
30possession for inspection by the examining officer;

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

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

(d) 35(subject to paragraph 4) to retain any travel document taken from the
person that the examining officer believes to be invalid.

(3) The 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) 40any vehicle in which the examining officer believes the person to
have been travelling or to be about to travel.

(4) An examining officer—

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

(b) 45may if necessary use reasonable force for the purpose of exercising a
power under this paragraph;

(c) may 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
5that is not a port, in the case of a person whom the constable reasonably
believes 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
10person to whom it was issued has or may have been, or will or may
become, 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) 15The powers are—

(a) to 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) 20to 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 constable believes to be invalid.

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

(a) 25the person;

(b) anything 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) 30A constable—

(a) may 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.

35Retention or return of documents seized

4 (1) If 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) 40is valid, or

(b) is 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
the 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
5that 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.

10Offences

5 (1) A 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
15paragraph 2 or 3 commits an offence.

(3) A 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
20£5,000,

or 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) 25paragraph 5, or

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

Section 146

SCHEDULE 8 Port and border controls

Examining officers

1 (1) 30Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2) In 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) 35The Secretary of State must under paragraph 6 of Schedule 14
issue 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) the procedure for making designations under paragraph
1(1)(b) and (c).

(2) 5In 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
10police area in which the persons designated would act as
examining officers,

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

(c) in Northern Ireland, the Chief Constable of the Police
15Service of Northern Ireland.”

Time limits on examination without detention and on detention

2 (1) Schedule 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) 20This paragraph applies where a person is questioned under
paragraph 2 or 3.

(2) After 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) 25If the person is detained under paragraph 6 the person must be
released not later than the end of the 6 hour period (unless
detained under another power).

(4) In this paragraph—

• “the 1 hour period” is the period of 1 hour beginning with the
  30time the person is first questioned under paragraph 2 or 3;

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

Powers to search persons

3 In paragraph 8 of Schedule 7 to the Terrorism Act 2000, after sub-paragraph
35(3) there is inserted—

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

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

(a) 40the person is detained under paragraph 6,

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