House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
Other Bills before Parliament

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.”

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2004
Revised 24 November 2004