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Caroline Flint
32
Clause 83, page 48, line 32, at end add—
'(8) Subsection (9) applies if—
| (a) | at any time before the commencement of section 74, arrangements were made by a person specified in subsection (11), or any person acting with the authority of such a person, for the purpose of protecting a person of a description specified in Schedule 5, and |
| (b) | functions in relation to the arrangements are, at any time before the end of the period of six months mentioned in subsection (6), exercisable by a protection provider. |
(9) The provision made by subsections (1) to (7) applies in relation to the arrangements as if they had been made by the protection provider.
(10) Accordingly, if the three conditions mentioned in subsections (3) to (5) are satisfied in relation to the arrangements, they are to be treated, by virtue of subsection (2), as having been made by the protection provider under section 74(1).
(11) The persons specified in this subsection are—
| (a) | the Director General of the National Criminal Intelligence Service; |
| (b) | the Director General of the National Crime Squad; |
| (c) | any of the Commissioners of Her Majesty's Customs and Excise.'. |
Mr David Heath
Dr Evan Harris
183
*Clause 86, page 49, line 42, at end insert—
| '(d) | they have such a relationship to that person that their safety can reasonably be regarded to be at risk'. |
Caroline Flint
33
Clause 86, page 50, line 20, at end insert—
'(7A) A reference to a person who is or has been a member of staff of an organisation includes a reference to a person who is or has been seconded to the organisation to serve as a member of its staff.'.
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
216
*Clause 89, page 52, line 1, leave out subsection (3).
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
217
*Clause 90, page 53, line 23, at end insert—
| '(c) | to meet his resonable legal expenses'. |
Caroline Flint
57
Schedule 6, page 163, leave out lines 19 to 29.
Caroline Flint
34
Clause 99, page 66, line 27, at end insert—
'( ) In section 398 (meaning of customer information: Scotland) in subsection (5)—
| (a) | after paragraph (a) insert— |
| "(aa) | constitutes an offence specified in section 415(1A) of this Act,"; |
| (b) | in paragraph (b) after "paragraph (a)" insert"or (aa)".'. |
Caroline Flint
35
Clause 100, page 66, line 39, leave out 'In section 447(3) of the Proceeds of Crime Act 2002' and insert—
'( ) Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as follows.
( ) In section 444 (external requests and orders), for subsection (3)(a) (Order under the section may include provision about the functions of the Secretary of State, the Lord Advocate, the Scottish Ministers and the Director of the Assets Recovery Agency) substitute—
| "(a) | provision about the functions of any of the listed persons in relation to external requests and orders;". |
( ) In that section, after subsection (3) insert—
"(4) For the purposes of subsection (3)(a) "the listed persons" are—
| (a) | the Secretary of State; |
| (c) | the Scottish Ministers; |
| (e) | the Director of Public Prosecutions; |
| (f) | the Director of Public Prosecutions for Northern Ireland; |
| (g) | the Director of the Serious Fraud Office; and |
| (h) | the Director of Revenue and Customs Prosecutions." |
( ) In section 447(3)'.
NEW CLAUSES RELATING TO PART 2
Interception of communications
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Mr David Heath
Dr Evan Harris
NC7
To move the following Clause:—
'Evidence obtained in accordance with the provisions of the Regulation of Investigatory Powers Act 2000 (c. 23) shall be admissible in proceedings for any offence under the Terrorism Act 2000 (c. 11).'.
Interception of Communications (No. 2)
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Mr David Heath
Dr Evan Harris
NC4
To move the following Clause:—
'In proceedings for any offence under the Terrorism Act 2000 (c. 11), evidence obtained in accordance with the provisions of the Regulation of Investigatory Powers Act 2000 (c. 23) shall not be rendered inadmissible by section 17 of the Act.'.
Interception of Communications (No. 3)
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Mr David Heath
Dr Evan Harris
NC5
To move the following Clause:—
'Evidence obtained in accordance with the provisions of the Regulation of Investigatory Powers Act 2000 (c. 23) shall be admissible in proceedings for any offence.'.
Interception of communications (No. 4)
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
NC12
*To move the following Clause:—
'In section 18(12) of the Regulation of Investigatory Powers Act 2000 (c. 23) (certain offences excepted from exclusion of matters from legal proceedings) after paragraph (j) insert—
| "(k) | any offence contained in an indictment in criminal proceedings instituted by the Serious Organised Crime Agency pursuant to section 5(2)(a) of the Serious Organised Crime and Police Act 2005.".'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
145
Clause 101, page 67, leave out lines 5 to 7 and insert—
'(1) In section 24 of PACE (arrest without warrant for arrestable offences)—
| (a) | in subsection (1), after "conferred by", insert "on any person"; and |
| (b) | delete subsections (6) and (7). |
(1A) After section 24 of PACE (arrest without warrant for arrestable offences), insert—
"24A Arrest without warrant: constables".'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
146
Clause 101, page 67, leave out lines 23 to 26.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
165
*Clause 101, page 67, line 27, leave out from beginning to end of line 5 on page 68.
Mr Andrew Mitchell
Mr Jonanthan Djanogly
Mr Dominic Grieve
Mr Goeffrey Clifton-Brown
166
*Clause 101, page 68, leave out lines 6 to 28.
Mr David Heath
Dr Evan Harris
184
*Page 67, line 4, leave out Clause 101.
Mr David Heath
Dr Evan Harris
185
*Schedule 7, page 164, leave out lines 8 to 13.
Mr David Heath
Dr Evan Harris
186
*Clause 103, page 69, line 10, after 'offence', insert 'or in the case of an order made by virtue of the Domestic Violence, Crime and Victims Act 2004, following the person's conviction or acquittal of an offence,'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
147
Clause 104, page 70, line 11, after 'premises', insert 'reasonably believed to be'.
Mr David Heath
Dr Evan Harris
187
*Clause 107, page 73, line 39, leave out from beginning to end of line 2 on page 74.
Mr David Heath
Dr Evan Harris
188
*Clause 108, page 74, line 31, after 'fingerprints', insert 'for the purpose of establishing identity'.
Mr David Heath
Dr Evan Harris
189
*Clause 111, page 78, line 31, at end add—
'(5) No person shall be designated as a custody officer under this section unless he has previously been a police officer of at least the rank of sergeant.'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
148
Page 77, line 35, leave out Clause 111.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
149
Page 78, line 32, leave out Clause 112.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
150
Clause 113, page 79, line 35, leave out subsection (3).
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
151
Clause 113, page 80, line 10, leave out subsections (5) and (6).
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
152
Schedule 8, page 169, line 8, leave out paragraphs 2 and 3.
Caroline Flint
58
Schedule 8, page 171, line 13, at end insert—
| | | 'After paragraph 7 insert— |
| 7A | (1) | Where a designation applies this paragraph to any person ("the CSO"), the CSO shall have the powers set out below. |
(a) in exercise of the powers referred to in paragraph 5 or 6 above the CSO has imposed, under section 12(2) of the Criminal Justice and Police Act 2001 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol or a container for alcohol;
(b) that person fails to comply with that requirement; and
(c) the CSO reasonably believes that the person has alcohol or a container for alcohol in his possession,
the CSO may search him for it.
(a) in exercise of the powers referred to in paragraph 7 above the CSO has sought to seize something which by virtue of that paragraph he has a power to seize;
(b) the person from whom he sought to seize it fails to surrender it; and
(c) the CSO reasonably believes that the person has it in his possession,
the CSO may search him for it.
| (4) | The power to search conferred by sub-paragraph (2) or (3)— |
(a) is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and
(b) does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.
| (5) | A person who without reasonable excuse fails to consent to being searched is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. |
| (6) | A CSO who proposes to exercise the power to search a person under sub-paragraph (2) or (3) must inform him that failing without reasonable excuse to consent to being searched is an offence. |
| (7) | If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address. |
| (8) | Sub-paragraph (3) of paragraph 2 applies in the case of a requirement imposed by virtue of sub-paragraph (7) as it applies in the case of a requirement under sub-paragraph (2) of that paragraph; and sub-paragraphs (4) to (5) of that paragraph also apply accordingly. |
| (9) | If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it. |
| 7B | (1) | Where a designation applies this paragraph to any person ("the CSO"), the CSO shall, within the relevant police area, have the powers set out in sub-paragraphs (2) and (3). |
(a) finds a controlled drug in a person's possession (whether or not he finds it in the course of searching the person by virtue of a designation under any paragraph of this Schedule), and
(b) reasonably believes that it is unlawful for the person to be in possession of it,
the CSO may seize it and retain it.
(a) finds a controlled drug in a person's possession (as mentioned in sub-paragraph (2)); or
(b) reasonably believes that a person is in possession of a controlled drug,
and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require him to give the CSO his name and address.
| (4) | If in exercise of the power conferred by sub-paragraph (2) the CSO seizes and retains a controlled drug, he must— |
(a) if the person from whom it was seized maintains that he was lawfully in possession of it, tell the person where inquiries about its recovery may be made; and
(b) comply with a constable's instructions about what to do with it.
| (5) | A person who fails to comply with a requirement under sub-paragraph (3) 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, "controlled drug" has the same meaning as in the Misuse of Drugs Act 1971. |
| 7C | (1) | Sub-paragraph (2) applies where a designation applies this paragraph to any person ("the CSO"). |
| (2) | If the CSO imposes a requirement on a person under paragraph 7B(3)— |
(a) sub-paragraph (3) of paragraph 2 applies in the case of such a requirement as it applies in the case of a requirement under sub-paragraph (2) of that paragraph; and
(b) sub-paragraphs (4) to (5) of that paragraph also apply accordingly."'.
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