Police, Crime, Sentencing and Courts Bill (HL Bill 72)

continued    Part 1 continued    

7(1)Section 17 (regulations) is amended as follows.

(2)In subsection (2), for “or 4(1)(b)” substitute “, 4(1)(b), 9(5) or 14(6)”.

(3)After subsection (5) insert—

“(6)Regulations made by the Lord Advocate under section 9(5) or 14(6)
5are subject to the negative procedure (see section 28 of the
Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).”

Section 52

Schedule 6 Special procedure for access to material relating to human remains

Making of orders by judge

1(1)10On an application made by a constable, a judge may make an order under
paragraph 2 if the judge is satisfied that the following conditions are met.

(2)The first condition is that there are reasonable grounds for believing that
material that consists of, or may relate to the location of, relevant human
remains—

(a)15is in the possession or control of a person specified in the application,
or

(b)is on premises occupied or controlled by a person specified in the
application.

(3)The second condition is that there are reasonable grounds for believing that
20the material consists of or includes excluded material or special procedure
material.

(4)The third condition is that there are reasonable grounds for believing that
the material does not consist of or include items subject to legal privilege.

(5)The fourth condition is that other methods of obtaining the material—

(a)25have been tried without success, or

(b)have not been tried because it appeared that they were bound to fail.

(6)The fifth condition is that it is in the public interest, having regard—

(a)to the need to ensure that human remains are located and disposed
of in a lawful manner, and

(b)30to the circumstances under which the person in possession of the
material holds it,

that the material should be produced or access to it should be given.

2(1)An order under this paragraph is an order that, before the end of the relevant
period, the person specified in the application must—

(a)35produce the material to a constable for the constable to take it away,
or

(b)give a constable access to it.

(2)In sub-paragraph (1) “the relevant period” means 7 days from the date of the
order or such longer period as the order may specify.

340Where the material consists of information stored in any electronic form—

(a)an order under paragraph 2(1)(a) has effect as an order to produce
the material in a form in which it can be taken away and in which it
is visible and legible or from which it can readily be produced in a
visible or legible form, and

(b)5an order under paragraph 2(1)(b) has effect as an order to give a
constable access to the material in a form in which it is visible and
legible.

4For the purposes of sections 21 and 22 of the Police and Criminal Evidence
Act 1984, material produced in pursuance of an order under paragraph
102(1)(a) is to be treated as if it were material seized by a constable.

Notices of applications for orders

5(1)An application for an order under paragraph 2 that relates to material that
consists of or includes journalistic material is to be made inter partes.

(2)Notice of an application for an order under paragraph 2 that relates to such
15material may be served on a person—

(a)by delivering it to the person,

(b)by leaving it at the person’s proper address, or

(c)by sending it by post to the person in a registered letter or by a
recorded delivery service.

(3)20Notice of an application for an order under paragraph 2 that relates to such
material may be served—

(a)on a body corporate, by serving it on the body’s secretary or clerk or
other similar officer;

(b)on a partnership, by serving it on one of the partners.

(4)25For the purposes of sub-paragraph (2), and of section 7 of the Interpretation
Act 1978 in its application to that sub-paragraph, the proper address of a
person—

(a)in the case of a secretary or clerk or other similar officer of a body
corporate, is that of the registered or principal office of that body;

(b)30in the case of a partner of a firm is that of the principal office of the
firm;

(c)in any other case is the last known address of the person to be served.

6(1)Where notice of an application for an order under paragraph 2 has been
served on a person, the person must not conceal, destroy, alter or dispose of
35the material to which the application relates until sub-paragraph (2) applies
except—

(a)with the leave of a judge, or

(b)with the written permission of a constable.

(2)This paragraph applies when—

(a)40the application is dismissed or abandoned, or

(b)the person has complied with an order under paragraph 2 made on
the application.

Failure to comply with order

7(1)If a person fails to comply with an order under paragraph 2, a judge may
deal with the person as if the person had committed a contempt of the
Crown Court.

(2)5Any enactment relating to contempt of the Crown Court has effect in
relation to such a failure as if it were such a contempt.

Issue of warrants by judge

8(1)On an application made by a constable, a judge may issue a warrant
authorising a constable to enter and search premises if the judge is satisfied
10that the conditions in this paragraph are met.

(2)The first condition is that there are reasonable grounds for believing that
there is material on the premises mentioned in sub-paragraph (5) below that
consists of, or may relate to the location of, relevant human remains.

(3)The second condition is that each of the conditions set out in paragraph 1(3)
15to (6) is met in relation to the material.

(4)The third condition is that there are reasonable grounds for believing, in
relation to each set of premises specified in the application—

(a)that it is not practicable to communicate with any person entitled to
grant entry to the premises,

(b)20that it is practicable to communicate with a person entitled to grant
entry to the premises but it is not practicable to communicate with
any person entitled to grant access to the material,

(c)that the material on the premises contains information which—

(i)is subject to a restriction on disclosure or an obligation of
25secrecy contained in any enactment, including an enactment
contained in an Act passed after this Act, and

(ii)is likely to be disclosed in breach of it if a warrant is not
issued, or

(d)that service of notice of an application for an order under paragraph
302 may seriously prejudice the purpose of the search.

(5)The premises referred to in sub-paragraph (2) are—

(a)one or more sets of premises specified in the application (in which
case the application is for a “specific premises warrant”), or

(b)any premises occupied or controlled by a person specified in the
35application, including such sets of premises as are so specified (in
which case the application is for an “all premises warrant”).

9If the application is for an all premises warrant, the judge must also be
satisfied—

(a)that there are reasonable grounds for believing that it is necessary to
40search premises occupied or controlled by the person in question
which are not specified in the application, as well as those which are,
in order to find the material in question, and

(b)that it is not reasonably practicable to specify in the application all
the premises which the person occupies or controls and which might
45need to be searched.

10(1)The warrant may authorise entry to and search of premises on more than
one occasion if, on the application, the judge is satisfied that it is necessary
to authorise multiple entries in order to achieve the purpose for which the
judge issues the warrant.

(2)5If the warrant authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.

11A constable may—

(a)seize and retain anything for which a search has been authorised
under paragraph 8, and

(b)10if necessary, use reasonable force in the exercise of a power conferred
by a warrant issued under that paragraph.

Procedural rules

12Criminal Procedure Rules may make provision about proceedings under
this Schedule, other than proceedings for an order under paragraph 2 that
15relates to material that consists of or includes journalistic material.

Costs

13The costs of any application under this Schedule and of anything done or to
be done in pursuance of an order made under it shall be in the discretion of
the judge.

20Interpretation

14In this Schedule—

• “journalistic material” has the same meaning as in the Police and
  Criminal Evidence Act 1984 (see section 13 of that Act);

• “judge” means a Circuit judge, a qualifying judge advocate (within the
  25meaning of the Senior Courts Act 1981) or a District Judge
  (Magistrates’ Courts).

Section 68

Schedule 7 Road traffic offences: minor and consequential amendments

Road Traffic Act 1988 (c. 52)

1(1)30The Road Traffic Act 1988 is amended as follows.

(2)In section 12E (effect of motor race order), in the table in subsection (3)—

(a)after the entry relating to section 2B of the Road Traffic Act 1988
(causing death by careless, or inconsiderate, driving), insert—

(b)in the entry relating to section 3ZB (causing death by driving:
unlicensed, disqualified or uninsured drivers), in the second column
omit “, disqualified”, and

(c)after the entry relating to section 3ZB insert—

(3)In section 12H (races and trials of speed in Scotland: further provision), in
subsection (3), after “2B” insert “, 2C”.

(4)In section 13A(1) (disapplication of sections 1 to 3 for authorised motoring
15events), after “2B” insert “, 2C”.

Road Traffic Offenders Act 1988 (c. 55)

2(1)The Road Traffic Offenders Act 1988 is amended as follows.

(2)In section 24 (alternative verdicts: general), in subsection (1), in the table—

(a)in the entry relating to section 1A of the Road Traffic Act 1988
20(causing serious injury by dangerous driving), in the second column,
after “Section 2 (dangerous driving)” insert “Section 2C (causing
serious injury by careless, or inconsiderate, driving)”, and

(b)after the entry relating to section 2B of that Act (causing death by
careless, or inconsiderate, driving), insert—

(3)30In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the table
after paragraph 4, after the entry relating to section 2B of the Road Traffic
Act 1988 (causing death by careless, or inconsiderate, driving) insert—

Crime (International Co-operation) Act 2003 (c. 32)

3In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act
402003 (application of duty to give notice of driving disqualification to

 Republic of Ireland), after sub-paragraph (ba) insert—

“(bb)section 2C (causing serious injury by careless, or
inconsiderate, driving),”.

Armed Forces Act 2006 (c. 52)

45In paragraph 12(aj) of Schedule 2 to the Armed Forces Act 2006 (road traffic
offences in relation to which duty to notify service police of possible
corresponding service offence arises)—

(a)after “1A,” insert “2C,”, and

(b)after “injury by dangerous driving,” insert “causing serious injury by
10careless, or inconsiderate, driving,”.

Section 75

Schedule 8 Surrender of licences and test certificates by new drivers

1The Road Traffic (New Drivers) Act 1995 is amended as follows.

2(1)Section 2 (surrender of licences) is amended as follows.

(2)15For the heading substitute “Persons to whom section 3(1) applies”.

(3)Before subsection (1), insert—

“(A1)Section 3(1) (revocation of licences) applies to a person who—

(a)is the holder of a licence, and

(b)satisfies the conditions in subsection (1) or (3).”

(4)20In subsection (1)—

(a)for “Subsection (2) applies where—” substitute “A person satisfies
the conditions in this subsection if—”;

(b)omit paragraph (a);

(c)in paragraph (b), for “he” substitute “the person”;

(d)25after paragraph (d), insert—

“(da)the Secretary of State is required under section 44A(2)
of that Act to endorse the person’s driving record
with particulars of the offence and the penalty points
to be attributed to it;”;

(e)30in paragraph (e)—

(i)after “person’s” insert “driving record or”;

(ii)omit “, or that date has been shown by other evidence in the
proceedings”;

(f)in paragraph (f), for “court” substitute “Secretary of State”.

(5)35Omit subsection (2).

(6)In subsection (3)—

(a)for “Subsection (4) applies where—” substitute “A person satisfies
the conditions in this subsection if—”;

(b)for paragraph (a), substitute—

“(a)40the person has been given a fixed penalty notice
under section 54 of the Road Traffic Offenders Act

1988 or a conditional offer has been issued to the
person under section 75 of that Act;”;

(c)for paragraph (c), substitute—

“(c)the Secretary of State is required under section 57A(5)
5or 77A(2) of that Act to endorse the person’s driving
record with particulars of the offence and the penalty
points to be attributed to it;”;

(d)in paragraph (d), for “appropriate person” substitute “Secretary of
State”;

(e)10in paragraph (e), after the first “the” insert “person’s driving record
or”;

(f)in paragraph (f), for “appropriate person” substitute “Secretary of
State”.

(7)Omit subsection (4).

(8)15Omit subsection (7).

3(1)Section 3 (revocation of licences) is amended as follows.

(2)For subsection (1) substitute—

“(1)The Secretary of State must, in the case of a person to whom this
subsection applies (see section 2), by notice served on the person
20revoke the person’s licence.”

(3)Omit subsection (1ZA).

(4)In subsection (1A)—

(a)in the words before paragraph (a), omit “or (1ZA)”;

(b)in paragraph (b), at the beginning insert “if the Secretary of State is
25already in receipt of it,”.

(5)In subsection (1B), omit “or (1ZA)”.

4After section 3 insert—

“3A Surrender of licences

(1)Where—

(a)30the Secretary of State is required under section 3(1) or (1B) to
serve a notice on a person revoking the person’s licence, and

(b)the Secretary of State is not already in receipt of the licence,

the notice may also require the person to surrender the licence to the
Secretary of State before the end of the period of 28 days beginning
35with the date on which the notice is served.

(2)A person who, without reasonable excuse, fails to comply with a
requirement imposed under subsection (1)—

(a)is guilty of an offence, and

(b)is liable on summary conviction to a fine not exceeding level
403 on the standard scale.

(3)Where the Secretary of State receives a Northern Ireland licence
pursuant to a requirement to surrender it imposed under subsection
(1), the Secretary of State must send it to the licensing authority in
Northern Ireland.”

5In section 9, for subsection (5) (interpretation: address for sending licences,
test certificates etc) substitute—

“(5)Any requirement under any provision of this Act that—

(a)a licence, a test certificate or a notice must be sent to the
5Secretary of State, or

(b)a licence or a test certificate must be surrendered to the
Secretary of State,

is a requirement that the licence, test certificate or notice must be
sent, or the licence or test certificate must be surrendered, to the
10Secretary of State at such address as the Secretary of State may
determine.”

6(1)Schedule 1 (newly qualified drivers holding test certificates) is amended as
follows.

(2)Omit—

(a)15paragraph 1(2A);

(b)paragraph 2(1);

(c)paragraph 3 and the heading before it;

(d)paragraph 4 and the italic heading before it.

(3)In paragraph 5—

(a)20for sub-paragraph (1) substitute—

“(1A)Where—

(a)there is a person to whom this Part of this Schedule
applies,

(b)the person satisfies the conditions in section 2(1)(b)
25to (da) and (f) or (3)(a) to (d) and (f),

(c)the Secretary of State is satisfied that the person has
been issued with a test certificate, and

(d)the person’s driving record, licence or test
certificate shows the date on which the person
30became a qualified driver,

the Secretary of State must by notice served on the person
revoke the person’s test certificate and this sub-paragraph
applies to the person instead of section 3(1).”;

(b)omit sub-paragraph (1ZA);

(c)35in sub-paragraph (1A)—

(i)omit “or (1ZA)”;

(ii)after “with” insert “, if the Secretary of State is already in
receipt of it,”;

(d)in sub-paragraph (1B), omit “or (1ZA)”.

(4)40After paragraph 5 insert—

“Surrender of test certificate

5A(1)Where—

(a)the Secretary of State is required under paragraph 5(1) or
(1B) to serve a notice on a person revoking the person’s test
45certificate, and

(b)the Secretary of State is not already in receipt of the test
certificate,

the notice may also require the person to surrender the test
certificate to the Secretary of State before the end of the period of
528 days beginning with the date on which the notice is served.

(2)A person who, without reasonable excuse, fails to comply with a
requirement imposed under sub-paragraph (1)—

(a)is guilty of an offence, and

(b)is liable on summary conviction to a fine not exceeding
10level 3 on the standard scale.

(3)Where the Secretary of State receives a Northern Ireland test
certificate pursuant to a requirement to surrender it imposed
under sub-paragraph (1), the Secretary of State must send it to the
licensing authority in Northern Ireland.”

(5)15In paragraph 6(1), omit “or (1ZA)”.

(6)Omit paragraph 7 and the italic heading before it.

(7)In paragraph 8—

(a)for sub-paragraph (1) substitute—

“(1A)Where—

(a)20there is a person to whom this Part of this Schedule
applies,

(b)the person satisfies the conditions in section 2(1)(b)
to (da) and (f) or (3)(a) to (d) and (f),

(c)the Secretary of State is satisfied that the person has
25been issued with a test certificate, and

(d)the person’s driving record, licence or test
certificate shows the date on which the person
became a qualified driver,

the Secretary of State must by notice served on the person
30revoke the person’s licence and test certificate and this
sub-paragraph applies to the person instead of section
3(1).”;

(b)omit sub-paragraph (1ZA);

(c)in sub-paragraph (1A)—

(i)35omit “or (1ZA)”, and

(ii)for “the Northern Ireland licence and the Northern Ireland
test certificate” substitute “—

(a)if the Secretary of State is already in receipt
of it, the Northern Ireland licence, and

(b)40if the Secretary of State is already in receipt
of it, the Northern Ireland test certificate.”;

(d)in sub-paragraph (1B), omit “or (1ZA)”.

(8)After paragraph 8 insert—

“Surrender of licence and test certificate

8A(1)45Where—

(a)the Secretary of State is required under paragraph 8(1) or
(1B) to serve a notice on a person revoking the person’s
licence and test certificate, and

(b)the Secretary of State is not already in receipt of the licence
5or test certificate,

the notice may also require the person to surrender the licence, or
test certificate, or both (as the case may be) to the Secretary of State
before the end of the period of 28 days beginning with the date on
which the notice is served.

(2)10A person who, without reasonable excuse, fails to comply with a
requirement imposed under sub-paragraph (1)—

(a)is guilty of an offence, and

(b)is liable on summary conviction to a fine not exceeding
level 3 on the standard scale.

(3)15Where the Secretary of State receives a Northern Ireland licence or
a Northern Ireland test certificate pursuant to a requirement to
surrender it imposed under sub-paragraph (1), the Secretary of
State must send it to the licensing authority in Northern Ireland.”

(9)In paragraph 9(1), omit “or (1ZA)”.

(10)20In paragraph 10(a), omit “or (1ZA)” in both places.

Section 76

Schedule 9 Surrender of licences: minor and consequential amendments

Part 1 Amendments to the Road Traffic Offenders Act 1988

125The Road Traffic Offenders Act 1988 is amended as follows.

2(1)Section 2 (requirement of warning etc: supplementary) is amended as
follows.

(2)In subsection (2)—

(a)omit “, or” at the end of paragraph (a);

(b)30omit paragraph (b).

3(1)Section 26 (interim disqualification) is amended as follows.

(2)In subsection (8), omit “has not caused it to be delivered, or has not posted
it, in accordance with section 7 of this Act and”.

(3)In subsection (9)—

(a)35omit “, or” at the end of paragraph (a);

(b)omit paragraph (b).

4(1)Section 27 (production of licence) is amended as follows.

(2)In subsection (3), omit “has not caused it to be delivered, or posted it, in
accordance with section 7 of this Act and”.