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Mr James Paice
Mr Nick Hawkins
97
Clause 35, page 35, line 13, at end insert—
'(9AB) The Secretary of State may not place constraints on the use of resources by chief officers in regards to the employment of civilian officers or regular police officers.'.
Mr John Denham
169
Clause 35, page 35, line 14, leave out subsection (10)
Mr James Paice
Mr Nick Hawkins
98
Clause 35, page 35, line 25, at end insert—
'(11) Any proposals by the chief officer of police under this section must have been included in his annual policing plan and have been approved by his police authority.'.
Mr John Denham
170
Schedule 4, page 123, line 34, leave out 'under section 35'.
Norman Baker
Annette Brooke
42
Schedule 4, page 123, line 40, leave out paragraph (a).
Mr John Denham
171
Schedule 4, page 124, line 20, at end insert—
'Power to detain etc.
| 1A | (1) | This paragraph applies if a designation applies it to any person. |
| (2) | Where that person has reason to believe that another person has committed a relevant offence in the relevant police area, he may require that other person to give him his name and address. |
| (3) | Where, in a case in which a requirement under sub-paragraph (2) has been imposed on another person— |
(a) that other person fails to comply with the requirement, or
(b) the person who imposed the requirement has reasonable grounds for suspecting that the other person has given him a name or address that is false or inaccurate,
the person who imposed the requirement may require the other person to wait with him, for a period not exceeding thirty minutes, for the arrival of a constable.
| (4) | A person who has been required under sub-paragraph (3) to wait with a person to whom this Part of this Schedule applies may, if requested to do so, elect that (instead of waiting) he will accompany the person imposing the requirement to a police station in the relevant police area. |
(a) fails to comply with a requirement under sub-paragraph (2),
(b) makes off while subject to a requirement under sub-paragraph (3), or
(c) makes off while accompanying a person to a police station in accordance with an election under sub-paragraph (4),
is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
| (6) | In this paragraph "relevant offence", in relation to a person to whom this paragraph applies, means any offence which is— |
(a) a relevant fixed penalty offence for the purposes of the application of paragraph 1 to that person; or
(b) an offence the commission of which appears to that person to have caused—
| (i) | injury, alarm or distress to any other person; or |
| (ii) | the loss of, or any damage to, any other person's property; |
but a designation applying this paragraph to any person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the designation.'.
Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins
43
Schedule 4, page 124, line 22, leave out paragraph 2.
Mr John Denham
172
Schedule 4, page 124, line 22, leave out 'under section 35'.
Mr John Denham
173
Schedule 4, page 124, line 28, leave out '2' and insert '1A'.
Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins
44
Schedule 4, page 124, line 32, leave out paragraph 3.
Mr John Denham
174
Schedule 4, page 124, line 33, leave out 'under section 35'.
Mr John Denham
175
Schedule 4, page 124, line 43, leave out '2' and insert '1A'.
Mr John Denham
176
Schedule 4, page 125, line 2, leave out '2(2)' and insert '1A(2)'.
Mr John Denham
177
Schedule 4, page 125, line 7, leave out '2' and insert '1A'.
Mr John Denham
178
Schedule 4, page 125, line 12, leave out 'under section 35'.
Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins
45
Schedule 4, page 125, line 21, at end insert—
'(2) This paragraph shall only apply where a designated person reasonably suspects that the person to whom section 12 of the Criminal Justice and Police Act 2001 (c.16) (alcohol consumption in public places) applies has not attained the age of 18.'.
Mr John Denham
179
Schedule 4, page 125, line 23, leave out 'under section 35'.
Mr John Denham
180
Schedule 4, page 125, line 35, leave out 'under section 35'.
Norman Baker
Annette Brooke
46
Schedule 4, page 126, line 1, leave out 'or prevent serious damage to property'.
Mr John Denham
181
Schedule 4, page 126, line 2, leave out 'under section 35'.
Norman Baker
Annette Brooke
47
Schedule 4, page 126, line 5, leave out from 'limb' to end of line.
Mr John Denham
182
Schedule 4, page 126, line 7, leave out 'under section 35'.
Norman Baker
Annette Brooke
48
Schedule 4, page 126, line 14, leave out from 'shall' to 'in' in line 15 and insert 'only exercise any powers conferred by this paragraph'.
Mr John Denham
183
Schedule 4, page 126, line 18, leave out 'under section 35'.
Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins
49
Schedule 4, page 126, line 22, at end insert—
'(2) A person to whom this paragraph applies shall not exercise any powers conferred by this paragraph except in the company, and under the supervision, of a constable.'.
Mr John Denham
184
Schedule 4, page 126, line 24, leave out 'under section 35'.
Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins
50
Schedule 4, page 126, line 31, at end insert—
'(2) A person to whom this paragraph applies shall not exercise any powers conferred by this paragraph except in the company, and under the supervision, of a constable.'.
Mr John Denham
185
Schedule 4, page 126, line 33, leave out 'under section 35'.
Norman Baker
Annette Brooke
Mr James Paice
Mr Nick Hawkins
51
Schedule 4, page 126, line 37, at end insert—
'(2) A person to whom this paragraph applies shall not exercise any powers conferred by this paragraph except in the company, and under the supervision, of a constable.'.
Mr John Denham
186
Schedule 4, page 126, line 39, leave out 'under section 35'.
Mr John Denham
187
Schedule 4, page 127, line 21, leave out 'under section 35'.
Norman Baker
Annette Brooke
52
Schedule 4, page 128, line 16, at end insert—
'(2) A person shall not exercise any powers of search by virtue of paragraphs (b) to (i) of sub-paragraph (l) except in the company, and under the supervision, of a constable.'.
Mr John Denham
188
Schedule 4, page 128, line 18, leave out 'under section 35'.
Mr John Denham
189
Schedule 4, page 129, line 13, leave out 'under section 35'.
Norman Baker
Annette Brooke
53
Schedule 4, page 129, line 48, at end insert—
'(2) A person shall not exercise any powers of entry and search by virtue of this paragraph except in the company, and under the supervision, of a constable.'.
Mr John Denham
190
Schedule 4, page 130, line 2, leave out 'under section 35'.
Norman Baker
Annette Brooke
54
Schedule 4, page 130, line 30, at end insert—
'(2) A person to whom this paragraph applies shall not exercise any powers of seizure by virtue of this paragraph except in the company, and under the supervision, of a constable.'.
Mr John Denham
191
Schedule 4, page 130, line 32, leave out 'under section 35'.
Mr John Denham
192
Schedule 4, page 130, line 37, at end insert—
'Arrest at a police station for another offence
| 17A | (1) | Where a designation applies this paragraph to any person, he shall have the power to make an arrest at any police station in the relevant police area in any case where an arrest— |
(a) is required to be made under section 31 of the 1984 Act (arrest for a further offence of a person already at a police station); or
(b) would be so required if the reference in that section to a constable included a reference to a person to whom this paragraph applies.
| (2) | Section 36 of the Criminal Justice and Public Order Act 1994 (c.33) (consequences of failure by arrested person to account for objects etc.) shall apply (without prejudice to the effect of any designation applying paragraph 20) in the case of a person arrested in exercise of the power exercisable by virtue of this paragraph as it applies in the case of a person arrested by a constable. |
| 17B | (1) | Where a designation applies this paragraph to any person, the custody officer for a designated police station in the relevant police area may transfer or permit the transfer to him of a person in police detention for an offence which is being investigated by the person to whom this paragraph applies. |
| (2) | A person into whose custody another person is transferred under sub-paragraph (1)— |
(a) shall be treated for all purposes as having that person in his lawful custody;
(b) shall be under a duty to prevent his escape; and
(c) shall be entitled to use reasonable force to keep that person in his custody.
| (3) | Where a person is transferred into the custody of a person to whom this paragraph applies, in accordance with sub-paragraph (1), subsections (2) and (3) of section 39 of the 1984 Act shall have effect as if— |
(a) references to the transfer of a person in police detention into the custody of a police officer investigating an offence for which that person is in police detention were references to that person's transfer into the custody of the person to whom this paragraph applies; and
(b) references to the officer to whom the transfer is made and to the officer investigating the offence were references to the person to whom this paragraph applies.
| | 17C | Where a designation applies this paragraph to any person— |
(a) he shall have the powers of a constable under sections 36(1)(c) and 37(1)(c) of the Criminal Justice and Public Order Act 1994 (c.33) to request a person who—
| (i) | has been arrested by a constable, or by any person to whom paragraph 20 applies, and |
| (ii) | is detained at any place in the relevant police area, |
to account for the presence of an object, substance or mark or for the presence of the arrested person at a particular place; and
(b) the references to a constable in sections 36(1)(b) and (c) and (4) and 37(1)(b) and (c) and (3) of that Act shall have effect accordingly as including references to the person to whom this paragraph is applied.'.
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