|
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."'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
153
Schedule 8, page 171, line 14, leave out paragraph 5.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
157
Schedule 8, page 172, line 24, at end insert—
'(3) A person shall not exercise any power under this paragraph except in the company, and under the supervision, of a constable.'.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
154
Schedule 8, page 172, line 25, leave out paragraphs 8 to 11.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
155
Schedule 8, page 173, line 34, leave out paragraph 14.
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
156
Schedule 8, page 175, line 1, leave out paragraph 17.
Caroline Flint
59
Schedule 9, page 175, line 35, after 'person),', insert—
'(a) in sub-paragraph (2)(b), after "relevant offences" insert "or relevant licensing offences",
Caroline Flint
60
Schedule 9, page 175, line 39, leave out 'under sub-paragraph (3A) of paragraph 2' and insert 'to wait with him under paragraph 2(3A) or by virtue of paragraph 7A(8) or 7C(2)(a)'.
NEW CLAUSES RELATING TO PART 3
Handcuffing
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
NC9
To move the following Clause:—
'In section 117 of PACE (power of constables to use reasonable force), at end insert—
| "(2) | Where any provision of this Act confers a power of arrest on a constable, the officer may on arrest secure the hands of the arrested person by handcuffing until such time as the constable has determined that the arrested person will not present a danger to himself or others, or seek to escape from lawful custody. |
| (3) | Subsection (2) shall be without prejudice to any other power to use handcuffs on an arrested person (whether provided under this Act or otherwise).".'. |
Powers of arrest (No. 2)
Mr David Heath
Dr Evan Harris
NC13
To move the following Clause:—
'In section 24 of PACE (arrest without warrant for arrestable offences), leave out subsection (1)(b) and insert—
| "(b) | to offences which the Secretary of State may by order prescribe;".'. |
Powers of arrest (No. 3)
Mr David Heath
Dr Evan Harris
NC14
To move the following Clause:—
'In section 24 of PACE (arrest without warrant for arrestable offences), leave out subsection (1)(b) and insert—
| "(b) | to offences other than those which the Secretary of State may by order prescribe;".'. |
Mr Dominic Grieve
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Geoffrey Clifton-Brown
251
Clause 120, page 85, line 21, leave out from 'capacity' to end of line 23 and insert—
'(3A) The Secretary of State may not designate a site if the public has access to it or to any part of it.'.
Mr David Heath
Dr Evan Harris
197
Clause 134, page 100, line 14, at end insert—
'(1A) Such a report shall include a report on matters relating to the policing of each local authority area within the police authority's area;
(1B) In this section "local authority" means—
| (a) | in relation to England— |
| (iii) | a council of a district comprised in an area for which there is no county council, |
| (iv) | a London borough council, or |
| (v) | the Common Council of the City of London; |
| (b) | in relation to Wales, the council of a county or county borough.'. |
Mr David Heath
Dr Evan Harris
198
Clause 134, page 100, line 15, leave out 'Such a report' and insert 'A report issued under subsection (1A).'.
|
