| Amendments proposed to the Nuclear Safeguards Bill [Lords] - continued | House of Commons |
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Mr Eric Forth 12 Page 5, line 27 [Clause 5], leave out 'may' and insert 'must'.
Mr David Maclean 30 Page 5, line 28 [Clause 5], at end insert—'(4A) No Agency inspector shall, by virtue of this section, search the clothing or the body of a person or persons.'.
Mr David Maclean 31 Page 5, line 29 [Clause 5], leave out subsection (5) and insert—'(5) Where an Agency inspector is refused entry at any location falling within subsection (1) above he may apply to a justice of the peace for a forcible entry warrant authorising a police constable to enter the premises (if necessary by force) at any reasonable hour within one month from the time of the issue of the warrant.'.
Mr David Maclean 29 Page 5, line 29 [Clause 5], leave out subsection (5).
Mr David Maclean 27 Page 5, line 32 [Clause 5], leave out from 'section' to end of line 33.
Mr Eric Forth 13 Page 5, line 38 [Clause 5], leave out 'conclusive'.
Mr David Maclean 33 Page 5, line 47 [Clause 5], at end insert—'(7A) For the purposes of subsection (7) above, it shall be a defence if the actions of any Agency inspector, in entering or searching premises or persons, infringe the European Convention of Human Rights.'.
Mr David Maclean 32 Page 7, line 42 [Clause 9], leave out subsections (1) and (2) and insert—'(1) A person guilty of an offence under section 2(5) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (2) A person guilty of an offence under section 3(6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (2A) A person guilty of an offence under section 4 of obstructing an authorised officer shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (2B) A person guilty of an offence under section 4 of obstructing or wilfully refusing the order of a police constable shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or on indictment to imprisonment for a term not exceeding one year or a fine (or both). (2C) A person guilty of an offence under section 6 or 7 shall be liable on conviction on indictment to a term of imprisonment not exceeding 5 years or a fine (or both).'.
Mr Eric Forth 14 Page 8, line 12 [Clause 9], after 'was' insert 'authorised or'.
Mr Eric Forth 15 Page 8, line 23 [Clause 5], leave out 'his proper address' and insert 'the address at which he is known to reside or work'.
NEW SCHEDULE
Mr Eric Forth NS1 To move the following Schedule:—
'Intimate and Strip SearchesIntimate Search1. An 'intimate search' is a search which consists of the physical examination of a person's body orifices other than the mouth.
(a) Action 2. Body orifices other than the mouth may be searched only if an officer of the rank of superintendent or above has reasonable grounds for believing:
The reasons why an intimate search is considered necessary shall be explained to the person before the search takes place. 3. An intimate search may only be carried out by a registered medical practitioner or registered nurse, unless an officer of at least the rank of superintendent considers that this is not practicable and the search is to take place under sub-paragraph 2(a) above. 4. An intimate search under sub-paragraph 2(a) above may take place only at a hospital, surgery, other medical premises or police station. A search under sub-paragraph 2(b) may take place only at a hospital, surgery or other medical premises. 5. An intimate search at a police station of a juvenile or a mentally disordered or mentally handicapped person may take place only in the presence of an appropriate adult of the same sex (unless the person specifically requests the presence of a particular adult of the opposite sex who is readily available). In the case of a juvenile the search may take place in the absence of the appropriate adult only if the juvenile signifies in the presence of the appropriate adult that he prefers the search to be done in his absence and the appropriate adult agrees. A record shall be made of the juvenile's decision and signed by the appropriate adult. 6. Where an intimate search under sub-paragraph 2(a) above is carried out by a police officer, the officer must be of the same sex as the person searched. Subject to paragraph 5 above, no person of the opposite sex who is not a medical practitioner or nurse shall be present, nor shall anyone who presence is unnecessary but a minimum of two people, other than the person searched, must be present during the search. The search shall be conducted with proper regard to the sensitivity and vulnerability of the person in these circumstances.
(b) Documentation 7. In the case of an intimate search the custody officer shall as soon as practicable record which parts of the person's body were searched, who carried out the search, who was present, the reasons for the search and its results.8. If an intimate search is carried out by a police officer, the reason why it was impracticable for a suitably qualified person to conduct it must be recorded.
II. STRIP SEARCH9. A strip search is a search involving the removal of more than outer clothing.
(a) Action 10. A strip search may take place only if it is considered necessary to remove an article which a person would not be allowed to keep, and the officer reasonably considers that the person might have concealed such an article. Strips searches shall not be routinely carried out where there is no reason to consider that articles have been concealed.
The conduct of strip searches 11. The following procedures shall be observed when strip searches are conducted:
(b) Documentation 12. A record shall be made on the custody record of a strip search including the reason it was considered necessary to undertake it, those present and the result.'.
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