 House of Commons |
Publications on the internet Index of Amendments |
|
Amendment Paper as at
| |||||||||||||||||||||||||||||||||||||||||
| (a) | he is detained in consequence of his arrest for a recordable offence; and |
| (b) | he has not had his fingerprints taken in the course of the investigation of the offence by the police. |
(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
| (a) | he has been charged with a recordable offence or informed that he will be reported for such an offence; and |
| (b) | he has not had his fingerprints taken in the course of the investigation of the offence by the police." |
(3) In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for the words from the beginning to "subsection (3) above" there is substituted "Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police".
(4) In subsection (5) (authorisation to be given or confirmed in writing) for "subsection (3)(a) or (4A)" there is substituted "subsection (4A)".
(5) In subsection (7) (reasons for taking of fingerprints without consent) for "subsection (3) or (6)" there is substituted "subsection (3), (4) or (6)".'.
As an Amendment to the Secretary Blunkett's proposed New Clause (NC14) (Taking fingerprints without consent):
(a)
Line 7, after 'offence', insert 'and an officer of at least the rank of inspector authorises them to be taken'.
Taking non-intimate samples without consent
Mr Secretary Blunkett
NC15
To move the following Clause:—'(1) Section 63 of the 1984 Act (other samples) is amended as follows.
(2) After subsection (2) (consent to be given in writing) there is inserted—
"(2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
(2B) The first is that the person is in police detention in consequence of his arrest for a recordable offence.
(2C) The second is that—
| (a) | he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or |
| (b) | he has had such a sample taken but it proved insufficient." |
(3) In subsection (3)(a) (taking of samples without appropriate consent) the words "is in police detention or" are omitted.
(4) In subsection (3A) (taking of samples without appropriate consent after charge) for "(whether or not he falls within subsection (3)(a) above)" there is substituted "(whether or not he is in police detention or held in custody by the police on the authority of a court)".
(5) In subsection (8A) (reasons for taking of samples without consent) for "subsection (3A)" there is substituted "subsection (2A), (3A)".'.
As Amendments to Mr Secretary Blunkett's proposed New Clause (NC15) (Taking non-intimate samples without consent):
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
(a)
Line 4, leave out 'two' and insert 'three'.
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
(b)
Line 11, at end insert—'(2D) The third is that an officer of at least the rank of inspector authorises them to be taken.'.
Arrest without warrant for arrestable offences
Mr David Cameron
NC20
To move the following Clause:—'.— After subsection (5) of section 24 of the 1984 Act there is inserted—
| "(5A) | Any person may arrest, without warrant, any person who is accused by an apparently credible witness of having committed an arrestable offence shortly before the accusation is made.".'. |
Destruction of fingerprints and samples
Simon Hughes
Mr David Heath
Annette Brooke
Mr Andrew Stunell
NC55
To move the following Clause:—'(1) Section 64 of the 1984 Act (destruction of fingerprints and samples) is amended as follows:
(2) In subsection (3) the words ', except as provided in the following provisions of this section,' are omitted.
(3) Subsections (3AA), (3AB) and (3AC) are omitted.'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
Simon Hughes
Mr David Heath
122
Page 5, line 18 [Clause 7], leave out 'and' and insert—
| '(ba) | The Law Society of England and Wales, |
| (bb) | The Bar Council, |
| (bc) | The Institute of Legal Executives, and'. |
Simon Hughes
Mr David Heath
Annette Brooke
167
Page 5, line 18 [Clause 7], leave out 'and' and insert—
| '(ba) | the Home Affairs Committee'. |
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
Simon Hughes
Mr David Heath
54
Page 5, line 21 [Clause 7], at end insert—'(6) No code or revised code issued under this section shall have effect until approved by a resolution of each House of Parliament.'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
Simon Hughes
Mr David Heath
55
Page 5, line 36 [Clause 7], at end insert—'(7A) No code or revised code issued under this section shall have effect until approved by resolution of each House of Parliament.'.
Simon Hughes
Mr David Heath
Annette Brooke
169
Page 6, line 2, leave out Clause 9.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
57
Page 6, line 7 [Clause 9], leave out second 'a' and insert 'such'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
58
Page 6, line 7 [Clause 9], leave out second 'drug' and insert 'drugs'.
Mr Oliver Letwin
Mr Dominic Grieve
Mr Nick Hawkins
Mr Mark Francois
59
Page 6, line 8 [Clause 9], at end insert 'as are identified as cannabis or cannabis resin'.
Simon Hughes
Mr David Heath
Annette Brooke
170
Page 6, line 41 [Clause 10], leave out 'different' and insert 'higher'.
Mr Secretary Blunkett
231
Page 7, line 26 [Clause 10], leave out 'a prison officer'.
NEW CLAUSES RELATING TO PART 2
Absconding by persons released on bail
Mr Secretary Blunkett
NC52
To move the following Clause:—'(1) For paragraph 6 of Part 1 of Schedule 1 to the 1976 Act (defendant need not be granted bail if having been released on bail he has been arrested in pursuance of section 7) there is substituted—
"6 (1) If the defendant falls within this paragraph, he may not be granted bail unless the court is satisfied that there is no significant risk that, if released on bail (whether subject to conditions or not), he would fail to surrender to custody; but this does not require the court, if so satisfied, to grant bail (disregarding other considerations).
| (2) | Subject to sub-paragraph (3) below, the defendant falls within this paragraph if— |
(a) he is aged 18 or over, and
(b) it appears to the court that, having been released on bail in or in connection with the proceedings for the offence, he failed to surrender to custody.
(3) Where it appears to the court that the defendant had reasonable cause for his failure to surrender to custody, he does not fall within this paragraph unless it also appears to the court that he failed to surrender to custody at the appointed place as soon as reasonably practicable after the appointed time.
(2) In section 6 of the 1976 Act (offence of absconding by person released on bail) after subsection (9) there is inserted—
"(10) Section 127 of the Magistrates' Courts Act 1980 shall not apply in relation to an offence under subsection (1) or (2) above.
(11) Where a person has been released on bail in criminal proceedings and that bail was granted by a constable, a magistrates' court shall not try that person for an offence under subsection (1) or (2) above in relation to that bail (the "relevant offence") unless subsection (12) or (13) below applies.
(12) This subsection applies if an information is laid for the relevant offence within 6 months from the time of the commission of the relevant offence.
(13) This subsection applies if—
| (a) | subsection (12) above does not apply, |
| (b) | none of the events mentioned in subsection (14) below occurs during the period mentioned in subsection (12) above, and |
| (c) | no later than 3 months from the time of the occurrence of the first of those events to occur after the end of that period, an information is laid for the relevant offence. |
(14) Those events are—
| (a) | the person surrenders to custody at the appointed place; |
| (b) | the person is arrested, or attends at a police station, in connection with the relevant offence or the offence for which he was granted bail; |
| (c) | the person appears or is brought before a court in connection with the relevant offence or the offence for which he was granted bail."' |
| |
| ©Parliamentary copyright 2003 | Prepared 19 May 2003 |