Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 2 — General repeal
164

23
In section 416(7) (interpretation of Part 8), for ““interim receiving order””
substitute ““property freezing order”, “interim receiving order”,
“prohibitory property order””.
24
In section 432 (insolvency practitioners), in subsections (1)(b), (8)(a) and
(9)(a), for “an interim receiving order made under section 246” substitute “a
5
property freezing order made under section 245A, an interim receiving
order made under section 246, a prohibitory property order made under
section 255A”.
Schedule 7
Section 102

Powers of Arrest: Supplementary
10
Part 1
Specific repeals
Public Stores Act 1875 (c. 25)
1
In section 12 of the Public Stores Act 1875 (powers of arrest and search),
omit subsection (1).
15
Police and Criminal Evidence Act 1984 (c. 60)
2     (1)
The Police and Criminal Evidence Act 1984 is amended as follows.
      (2)
In section 118 (general interpretation), in subsection (1), omit the definition
of “arrestable offence”.
      (3)
Schedule 1A (specific offences which are arrestable offences) shall cease to
20
have effect.
Part 2
General repeal
3
So much of the enactments set out in the second column of the Table below
as confers a power of arrest without warrant upon—
25
(a)
a constable, or
(b)
persons in general (as distinct from persons of any description
specified in or for the purposes of the enactment),

shall cease to have effect to the extent that it is not already spent.

Short title and chapter
Enactment affected

30

Unlawful Drilling Act 1819
Section 2 (power to disperse unlawful meeting).

(60 Geo. 3 & 1 Geo. 4 c. 1)

Military Lands Act 1892 (c. 43)
Section 17(2) (powers relating to breaches of

byelaws).

London County Council
Section 7 (arrest for breach of byelaws).

35

(General Powers) Act 1894

(c.ccxii)

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 3 — Amendments relating to references to arrestable offences and serious arrestable offences
165

Part 3
Amendments relating to references to arrestable offences and serious
arrestable offences
Criminal Law Act 1826 (c. 64)
4
In section 28 of the Criminal Law Act 1826 (which confers power to order
5
the payment of compensation to those who have helped apprehend an
offender), for “an arrestable offence” substitute “an indictable offence”.
Criminal Law Act 1967 (c. 58)
5     (1)
The Criminal Law Act 1967 is amended as follows.
      (2)
In section 4 (penalties for assisting offenders)—
10
(a)
in subsection (1)—
(i)
for “an arrestable offence” substitute “a relevant offence”,
(ii)
for “other arrestable offence” substitute “other relevant
offence”,
(b)
for subsection (1A) substitute—
15
“(1A)
In this section and section 5 below, “relevant offence”
means—
(a)
an offence for which the sentence is fixed by law,
(b)
an offence for which a person of 18 years or over (not
previously convicted) may be sentenced to
20
imprisonment for a term of five years (or might be so
sentenced by for the restrictions imposed by section
33 of the Magistrates’ Courts Act 1980).”,
(c)
in subsection (2), for “an arrestable offence” substitute “a relevant
offence”.
25
      (3)
In section 5 (penalties for concealing offences or giving false information),
in subsection (1)—
(a)
for “an arrestable offence” substitute “a relevant offence”,
(b)
for “other arrestable offence” substitute “other relevant offence”.
Port of London Act 1968 (c. xxxii)
30
6     (1)
The Port of London Act 1968 is amended as follows.
      (2)
In section 2 (interpretation), omit the definition of “arrestable offence”.
      (3)
In section 156 (powers of constables), in subsection (2), for “arrestable”, in
each place where it occurs, substitute “indictable”.
Solicitors Act 1974 (c. 47)
35
7     (1)
The Solicitors Act 1974 is amended as follows.
      (2)
In section 13A (imposition of conditions while practising certificates are in
force), in subsection (2)(d), for sub-paragraph (ii) substitute—
“(ii)
an indictable offence.”
      (3)
In section 13B (suspension of practising certificates where solicitors
40

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 3 — Amendments relating to references to arrestable offences and serious arrestable offences
166

convicted of fraud or serious crime), in subsection (1)(a), for sub-paragraph
(ii) substitute—
“(ii)
an indictable offence; and”.
Police and Criminal Evidence Act 1984 (c. 60)
8     (1)
The Police and Criminal Evidence Act 1984 is amended as follows.
5
      (2)
In section 4 (road checks)—
(a)
for “a serious arrestable offence”, in each place where it occurs,
substitute “an indictable offence”,
(b)
in subsection (14), for “serious arrestable offence” substitute
“indictable offence”.
10
      (3)
In section 8 (powers to authorise entry and search), for “a serious arrestable
offence”, in both places, substitute “an indictable offence”.
      (4)
In section 17 (entry for purpose of arrest etc.), in subsection (1)(b), for
“arrestable” substitute “indictable”.
      (5)
In section 18 (entry and search after arrest), in subsection (1), for
15
“arrestable”, in both places, substitute “indictable”.
      (6)
In section 32 (search upon arrest), in subsection (2), for paragraph (b)
substitute—
“(b)
if the offence for which he has been arrested is an indictable
offence, to enter and search any premises in which he was
20
when arrested or immediately before he was arrested for
evidence relating to the offence.”
      (7)
In section 42 (authorisation of continued detention), in subsection (1)(b), for
“arrestable” substitute “indictable”.
      (8)
In section 43 (warrants of further detention), in subsection (4)(b), for “a
25
serious arrestable offence” substitute “an indictable offence”.
      (9)
In section 56 (right to have someone informed when arrested)—
(a)
in each of subsections (2)(a) and (5)(a), for “a serious arrestable
offence” substitute “an indictable offence”,
(b)
in subsection (5A)(a), for “the serious arrestable offence” substitute
30
“the indictable offence”.
     (10)
In section 58 (access to legal advice)—
(a)
in each of subsections (6)(a) and (8)(a), for “a serious arrestable
offence” substitute “an indictable offence”,
(b)
in subsection (8A)(a), for “the serious arrestable offence” substitute
35
“the indictable offence”.
     (11)
In section 114A (power to apply Act to officers of Secretary of State), in
subsection (2)(c), for “a serious arrestable offence”, in both places, substitute
“an indictable offence”.
     (12)
Section 116 (meaning of “serious arrestable offence”) shall cease to have
40
effect.
     (13)
In Schedule 1 (special procedure material), in paragraph 2(a)(i), for “a
serious arrestable offence” substitute “an indictable offence”.

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 3 — Amendments relating to references to arrestable offences and serious arrestable offences
167

     (14)
Schedule 5 (serious arrestable offences) shall cease to have effect.
Administration of Justice Act 1985 (c. 61)
9
In section 16 of the Administration of Justice Act 1985 (conditional licences
for licensed conveyancers), in subsection (1)(ia), for “a serious arrestable
offence (as defined by section 116 of the Police and Criminal Evidence Act
5
1984)” substitute “an indictable offence”.
Housing Act 1985 (c. 68)
10
In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out grounds
upon which a court may, if it considers it reasonable, order possession of
dwelling-houses let under secure tenancies), in Ground 2, in paragraph
10
(b)(ii), for “arrestable” substitute “indictable”.
Housing Act 1988 (c. 50)
11
In Part 2 of Schedule 2 to the Housing Act 1988 (which sets out grounds on
which a court may order possession of dwelling-houses let on assured
tenancies), in Ground 14, in paragraph (b)(ii), for “arrestable” substitute
15
“indictable”.
Criminal Justice and Public Order Act 1994 (c. 33)
12    (1)
The Criminal Justice and Public Order Act 1994 is amended as follows.
      (2)
In section 137 (cross-border powers of arrest etc.)—
(a)
in subsection (1), for “conditions applicable to this subsection are”
20
substitute “condition applicable to this subsection is”,
(b)
for subsection (4) substitute—
“(4)
The condition applicable to subsection (1) above is that it
appears to the constable that it would have been lawful for
him to have exercised the powers had the suspected person
25
been in England and Wales.”,
(c)
in subsection (9), for the definition of ““arrestable offence” and
“designated police station”” substitute—
““arrestable offence” has the same meaning as in the
Police and Criminal Evidence (Northern Ireland)
30
Order 1989 (“the 1989 Order”);
“designated police station” has the same meaning as in
the Police and Criminal Evidence Act 1984 or, in
relation to Northern Ireland, as in the 1989 Order;
and”.
35
      (3)
In section 138 (provisions supplementing section 137), in subsection (3), for
“subsections (4)(b) and (6)(b)” substitute “subsection (6)(b)”.
      (4)
In section 140 (reciprocal powers of arrest), in subsection (1), for “section
24(6) or (7) or 25” substitute “section 24”.
      (5)
This paragraph extends to the whole of the United Kingdom.
40

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 3 — Amendments relating to references to arrestable offences and serious arrestable offences
168

Terrorism Act 2000 (c. 11)
13    (1)
In Schedule 8 to the Terrorism Act 2000 (detention), in paragraph 8 (which
relates to the rights of a person detained under Schedule 7 to or section 41 of
that Act)—
(a)
in sub-paragraph (4), for “serious arrestable offence”, in each place
5
where it occurs, substitute “serious offence”,
(b)
in sub-paragraph (9), for the words before paragraph (a) substitute
“In this paragraph, references to a “serious offence” are (in relation to
England and Wales) to an indictable offence, and (in relation to
Northern Ireland) to a serious arrestable offence within the meaning
10
of Article 87 of the Police and Criminal Evidence (Northern Ireland)
Order 1989; but also include—”.
      (2)
This paragraph extends to the whole of the United Kingdom.
Armed Forces Act 2001 (c. 19)
14
In section 5 of the Armed Forces Act 2001 (power of judicial officer to
15
authorise entry and search of certain premises), in subsection (2)(a), for “a
serious arrestable offence for the purposes of the 1984 Act” substitute “an
indictable offence”.

This paragraph has the same extent as the Armed Forces Act 2001.
International Criminal Court Act 2001 (c. 17)
20
15    (1)
The International Criminal Court Act 2001 is amended as follows.
      (2)
In section 33 (entry, search and seizure), in subsection (2), for “a serious
arrestable offence” substitute “(in the case of Part 2 of the 1984 Act) to an
indictable offence or (in the case of Part III of the 1989 Order) to a serious
arrestable offence”.
25
      (3)
In section 55 (meaning of “ancillary offence” under the law of England and
Wales), in subsection (5), in each of paragraphs (a) and (b), for “an arrestable
offence” substitute “a relevant offence”.
      (4)
This paragraph extends to England and Wales and to Northern Ireland (but
not to Scotland).
30
Crime (International Co-operation) Act 2003 (c. 32)
16    (1)
The Crime (International Co-operation) Act 2003 is amended as follows.
      (2)
In section 16 (extension of statutory search powers in England and Wales
and Northern Ireland), in subsection (1)—
(a)
for “serious arrestable offences” substitute “indictable offences”,
35
(b)
in paragraph (b), for “a serious arrestable offence” substitute “an
indictable offence”.
      (3)
In section 17 (warrants in England and Wales or Northern Ireland), in
subsection (3)—
(a)
for paragraph (b) substitute—
40
“(b)
the conduct constituting the offence which is the
subject of the proceedings or investigation would (if it
occurred in England and Wales) constitute an

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
169

indictable offence, or (if it occurred in Northern
Ireland) constitute an arrestable offence, and”,
(b)
in the definition of “arrestable offence”, omit the words “the Police
and Criminal Evidence Act 1984 (c.60) or (as the case may be)”.
      (4)
This paragraph extends to the whole of the United Kingdom.
5
Schedule 8
Section 113

Powers of designated and accredited persons
Part 1
Designated persons
1
Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by
10
police civilians) is amended as follows.
Community support officers
2     (1)
Paragraph 2 (power to detain etc.) is amended as follows.
      (2)
In sub-paragraph (1), at the end add “, but such a designation may specify
that, in relation to that person, the application of sub-paragraph (2) of this
15
paragraph is confined to one or more only (and not to all) of the relevant
offences set out in sub-paragraph (6) and the relevant licensing offences set
out in sub-paragraph (6A).”
      (3)
In sub-paragraph (2), after “area,” insert “or a relevant licensing offence
(whether or not in the relevant police area),”.
20
      (4)
In sub-paragraph (3), at the end add the following new sentence—

“This sub-paragraph does not apply if the requirement was
imposed in connection with a relevant licensing offence
mentioned in paragraph (a), (c) or (f) of sub-paragraph (6A)
believed to have been committed on licensed premises (within the
25
meaning of the Licensing Act 2003).”
      (5)
After sub-paragraph (3) insert—
   “(3A)
Where a person to whom this paragraph applies (“the CSO”) has
reason to believe that another person is committing an offence
under section 3 or 4 of the Vagrancy Act 1824, and requires him to
30
stop doing whatever gives rise to that belief, the CSO may, if the
other person fails to stop as required, require him to wait with the
CSO, for a period not exceeding thirty minutes, for the arrival of a
constable.”
      (6)
In sub-paragraph (4), after “(3)” insert “or (3A)”.
35
      (7)
In sub-paragraph (5)(b), after “(3)” insert “or (3A)”.
      (8)
In sub-paragraph (6), after the paragraph (ab) inserted by paragraph 12(2)
of Schedule 13 to this Act, insert—
“(ac)
an offence under section 3 or 4 of the Vagrancy Act 1824;
or”.
40

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
170

      (9)
After sub-paragraph (6) insert—
   “(6A)
In this paragraph “relevant licensing offence” means an offence
under any of the following provisions of the Licensing Act 2003—
(a)
section 141 (otherwise than by virtue of subsection (2)(c)
or (3) of that section);
5
(b)
section 142;
(c)
section 146(1);
(d)
section 149(1)(a), (3)(a) or (4)(a);
(e)
section 150(1);
(f)
section 150(2) (otherwise than by virtue of subsection
10
(3)(b) of that section);
(g)
section 152(1) (excluding paragraph (b)).”
3
After paragraph 2 insert—
“Powers to search individuals and to seize and retain items
2A    (1)
Where a designation applies this paragraph to any person, that
15
person shall (subject to sub-paragraph (3)) have the powers
mentioned in sub-paragraph (2) in relation to a person upon
whom he has imposed a requirement to wait under paragraph 2(3)
or (3A) (whether or not that person makes an election under
paragraph 2(4)).
20
      (2)
Those powers are the same powers as a constable has under
section 32 of the 1984 Act in relation to a person arrested at a place
other than a police station—
(a)
to search the arrested person if the constable has
reasonable grounds for believing that the arrested person
25
may present a danger to himself or others; and to seize and
retain anything he finds on exercising that power, if the
constable has reasonable grounds for believing that the
person being searched might use it to cause physical injury
to himself or to any other person;
30
(b)
to search the arrested person for anything which he might
use to assist him to escape from lawful custody; and to
seize and retain anything he finds on exercising that power
(other than an item subject to legal privilege) if the
constable has reasonable grounds for believing that the
35
person being searched might use it to assist him to escape
from lawful custody.
      (3)
If in exercise of the power conferred by sub-paragraph (1) the
person to whom this paragraph applies seizes and retains
anything by virtue of sub-paragraph (2), he must—
40
(a)
tell the person from whom it was seized where inquiries
about its recovery may be made; and
(b)
comply with a constable’s instructions about what to do
with it.”