| Amendments proposed to the Domestic Violence, Crime and Victims Bill [Lords] - continued | House of Commons |
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Paul Goggins NS2 To move the following Schedule:—
'Powers of authorised officers executing warrants
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| The following is the Schedule inserted after Schedule 4 to the Magistrates' Courts Act 1980 (c.43)— |
"SCHEDULE 4A
Section 125BA
Powers of authorised officers executing warrants
Meaning of "authorised officer" etc
| 1 | In this Schedule— |
"authorised officer", in relation to a warrant, means a person who is entitled to execute the warrant by virtue of—
(a) section 125A of this Act (civilian enforcement officers); or
(b) section 125B of this Act (approved enforcement agencies);
"premises" includes any place and, in particular, includes—
(a) any vehicle, vessel, aircraft or hovercraft;
(b) any offshore installation within the meaning of the Mineral Workings (Offshore Installations) Act 1971; and
(c) any tent or movable structure.
Entry to execute warrant of arrest etc
| 2 | (1) | An authorised officer may enter and search any premises for the purpose of executing a warrant of arrest, commitment or detention issued in connection with the enforcement of a fine or other order imposed or made on conviction. |
| (2) | The power may be exercised— |
(a) only to the extent that it is reasonably required for that purpose; and
(b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.
| (3) | In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— |
(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and
(b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.
Entry to levy distress
| 3 | (1) | An authorised officer may enter and search any premises for the purpose of executing a warrant of distress issued under section 76 of this Act for default in paying a sum adjudged to be paid by a conviction. |
| (2) | The power may be exercised only to the extent that it is reasonably required for that purpose. |
Searching arrested persons
| 4 | (1) | This paragraph applies where a person is arrested in pursuance of a warrant of arrest, commitment or detention issued in connection with the enforcement of a fine or other order imposed or made on conviction. |
| (2) | An authorised officer may search the arrested person, if he has reasonable grounds for believing that the arrested person may present a danger to himself or others. |
| (3) | An authorised officer may also search the arrested person for anything which he might use to assist him to escape from lawful custody. |
| (4) | The power conferred by sub-paragraph (3) above may be exercised— |
(a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and
(b) only to the extent that it is reasonably required for the purpose of discovering any such thing.
| (5) | The powers conferred by this paragraph to search a person are not to be read as authorising the officer to require a person to remove any of his clothing in public other than an outer coat, a jacket or gloves; but they do authorise the search of a person's mouth. |
| (6) | An officer searching a person under sub-paragraph (2) above may seize and retain anything he finds, if the officer has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person. |
| (7) | An officer searching a person under sub-paragraph (3) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person might use it to assist him to escape from lawful custody. |
Use of force
| 5 | An authorised officer may use reasonable force, if necessary, in the exercise of a power conferred on him by this Schedule.".'. |
Paul Goggins
NS3
To move the following Schedule:—
'Procedure on breach of community penalty etc
Interpretation
| 1 | In this Schedule— |
"the Sentencing Act" means the Powers of Criminal Courts (Sentencing) Act 2000 (c.6);
"the 2003 Act" means the Criminal Justice Act 2003 (c.44).
Detention and training orders
| 2 | (1) | Section 104 of the Sentencing Act (breach of supervision requirements of detention and training order) is amended as follows. |
| (2) | In subsection (1) (issue of summons or warrant by justice of the peace)— |
(a) omit the words "acting for a relevant petty sessions area";
(b) in paragraph (a), omit the words "before a youth court acting for the area";
(c) in paragraph (b), omit the words "requiring him to be brought before such a court".
| (3) | For subsection (2) substitute— |
"(2) Any summons or warrant issued under this section shall direct the offender to appear or be brought—
| (a) | before a youth court acting for the petty sessions area in which the offender resides; or |
| (b) | if it is not known where the offender resides, before a youth court acting for same petty sessions area as the justice who issued the summons or warrant." |
Suspended sentence supervision orders
| 3 | (1) | Section 123 of the Sentencing Act (breach of requirement of suspended sentence supervision order) is amended as follows. |
| (2) | In subsection (1) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area for the time being specified in the order". |
| (3) | For subsection (2) substitute— |
"(2) Any summons or warrant issued under this section shall direct the offender to appear or be brought—
| (a) | before a magistrates' court for the petty sessions area in which the offender resides; or |
| (b) | if it is not known where the offender resides, before a magistrates' court acting for the petty sessions area for the time being specified in the suspended sentence supervision order." |
| (4) | After subsection (4) insert— |
"(5) Where a magistrates' court dealing with an offender under this section would not otherwise have the power to amend the suspended sentence supervision order under section 124(3) below (amendment by reason of change of residence), that provision has effect as if the reference to a magistrates' court acting for the petty sessions area for the time being specified in the suspended sentence supervision order were a reference to the court dealing with the offender."
Community orders under the Sentencing Act
| 4 | (1) | Schedule 3 to the Sentencing Act (breach, revocation and amendment of certain community orders), as it has effect on the day on which this Act is passed, is amended as follows. |
| (2) | In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area concerned". |
| (3) | In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (c) substitute— |
"(c) in the case of a relevant order which is not an order to which paragraph (a) or (b) applies, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned."
| (4) | In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (3) insert— |
| "(3A) | Where a magistrates' court dealing with an offender under sub-paragraph (1)(a), (b) or (c) above would not otherwise have the power to amend the relevant order under paragraph 18 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court acting for the petty sessions area concerned were a reference to the court dealing with the offender." |
Curfew orders and exclusion orders
| 5 | (1) | Schedule 3 to the Sentencing Act (breach, revocation and amendment of curfew orders and exclusion orders), as substituted by paragraph 125 of Schedule 32 to the 2003 Act, is amended as follows. |
| (2) | In paragraph 3(1) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area concerned". |
| (3) | In paragraph 3(2) (court before which offender to appear or be brought), for paragraph (b) substitute— |
"(b) in the case of a relevant order which is not an order to which paragraph (a) above applies, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned."
| (4) | In paragraph 4 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert— |
| "(4A) | Where a magistrates' court dealing with an offender under sub-paragraph (2)(a) or (b) above would not otherwise have the power to amend the relevant order under paragraph 15 below (amendment by reason of change of residence), that paragraph has effect as if the reference to a magistrates' court acting for the petty sessions area concerned were a reference to the court dealing with the offender." |
Attendance centre orders
| 6 | (1) | Schedule 5 to the Sentencing Act (breach, revocation and amendment of attendance centre orders) is amended as follows. |
| (2) | In paragraph 1(1) (issue of summons or warrant by justice of the peace), omit the words— |
(a) "acting for a relevant petty sessions area";
(b) "before a magistrates' court acting for the area";
(c) "requiring him to be brought before such a court".
| (3) | For paragraph 1(2) substitute— |
| "(2) | Any summons or warrant issued under this paragraph shall direct the offender to appear or be brought— |
(a) before a magistrates' court acting for the petty sessions area in which the offender resides; or
(b) if it is not known where the offender resides, before a magistrates' court acting for the petty sessions area in which is situated the attendance centre which the offender is required to attend by the order or by virtue of an order under paragraph 5(1)(b) below."
| (4) | In paragraph 2 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert— |
| "(5A) | Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) above would not otherwise have the power to amend the order under paragraph5(1)(b) below (substitution of different attendance centre), that paragraph has effect as if references to an appropriate magistrates' court were references to the court dealing with the offender." |
Community orders under the 2003 Act
| 7 | (1) | Schedule 8 to the 2003 Act (breach, revocation or amendment of community order) is amended as follows. |
| (2) | In paragraph 7(2) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area concerned". |
| (3) | In paragraph 7(3) (court before which offender to appear or be brought), for paragraph (b) substitute— |
"(b) in any other case, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned."
| (4) | In paragraph 9 (powers of magistrates' court to deal with breach), after sub-paragraph (5) insert— |
| "(5A) | Where a magistrates' court dealing with an offender under sub-paragraph (1)(a) would not otherwise have the power to amend the community order under paragraph16 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender." |
| (5) | In paragraph 27 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert ", and |
(d) where the court acts for a petty sessions area other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court acting for the area so specified."
Suspended sentence orders under the 2003 Act
| 8 | (1) | Schedule 12 to the 2003 Act (breach or amendment of suspended sentence order, and effect of further conviction) is amended as follows. |
| (2) | In paragraph 6(2) (issue of summons or warrant by justice of the peace) omit the words "acting for the petty sessions area concerned". |
| (3) | In paragraph 6(3) (court before which offender to appear or be brought), for paragraph (b) substitute— |
"(b) in any other case, before a magistrates' court acting for the petty sessions area in which the offender resides or, if it is not known where he resides, before a magistrates' court acting for the petty sessions area concerned."
| (4) | In paragraph 8 (powers of magistrates' court to deal with breach), after sub-paragraph (4) insert— |
| "(4A) | Where a magistrates' court dealing with an offender under sub-paragraph (2)(c) would not otherwise have the power to amend the suspended sentence order under paragraph 14 (amendment by reason of change of residence), that paragraph has effect as if the references to the appropriate court were references to the court dealing with the offender." |
| (5) | In paragraph 22 (provision of copies of orders), at the end of sub-paragraph (1)(c) insert ", and |
(d) where the court acts for a petty sessions area other than the one specified in the order prior to the revocation or amendment, provide a copy of the revoking or amending order to a magistrates' court acting for the area so specified."
Local justice areas
| 9 | The power conferred by section 109(5)(b) of the Courts Act 2003 (c.39) to amend or repeal any enactment, other than one contained in an Act passed in a later session, includes power to amend any such enactment as amended by this Schedule, but only for the purpose of making consequential provision in connection with the establishment of local justice areas under section 8 of that Act.'. |
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| ©Parliamentary copyright 2004 | Prepared 6 Jul 2004 |