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Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 152
| | Schedule 8, page 169, line 8, leave out paragraphs 2 and 3. |
Caroline Flint
Agreed to 264
| | Schedule 8, page 169, line 11, leave out from `all)' to end of line 13 and insert `relevant offences, relevant licensing offences or relevant byelaws, being in each case specified in the designation.".'. |
Caroline Flint
Agreed to 265
| | Schedule 8, page 169, line 14, after `(2)', insert— |
| `(a) | at the beginning insert "Subject to sub-paragraph (3ZA),", |
Caroline Flint
Agreed to 266
| | Schedule 8, page 169, line 22, at end insert— |
| `(3ZA) | The power to impose a requirement under sub-paragraph (2) in relation to an offence under a relevant byelaw is exercisable only in a place to which the byelaw relates.'. |
Mr Andrew Mitchell
Mr Jonathon Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 292
| | Schedule 8, page 169, line 28, leave out `thirty' and insert `fifteen'.' |
Mr Andrew Mitchell
Mr Jonathon Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 293
| | Schedule 8, page 169, line 28, leave out `, for a period not exceeding thirty minutes, or' and insert `until'. |
Caroline Flint
Agreed to 267
| | Schedule 8, page 169, line 35, at end insert— |
| `(ad) | an offence under a relevant byelaw; or"'. |
Caroline Flint
Agreed to 268
| | Schedule 8, page 170, line 5, at end insert— |
| `(6B) | In this paragraph "relevant byelaw" means a byelaw included in a list of byelaws which— |
| (a) | have been made by a relevant body with authority to make byelaws for any place within the relevant police area; and |
| (b) | the chief officer of the police force for the relevant police area and the relevant body have agreed to include in the list. |
| (6C) | The list must be published by the chief officer in such a way as to bring it to the attention of members of the public in localities where the byelaws in the list apply. |
| (6D) | A list of byelaws mentioned in sub-paragraph (6B) may be amended from time to time by agreement between the chief officer and the relevant body in question, by adding byelaws to it or removing byelaws from it, and the amended list shall also be published by the chief officer as mentioned in sub-paragraph (6C). |
| (6E) | A relevant body for the purposes of sub-paragraph (6B) is— |
| (a) | in England, a county council, a district council, a London borough council or a parish council; or in Wales, a county council, a county borough council or a community council; |
| (b) | the Greater London Authority; |
| (d) | a metropolitan county passenger transport authority established under section 28 of the Local Government Act 1985; |
| (e) | any body specified in an order made by the Secretary of State. |
| (6F) | An order under sub-paragraph (6E)(e) may provide, in relation to any body specified in the order, that the agreement mentioned in sub-paragraph (6B)(b) and (6D) is to be made between the chief officer and the Secretary of State (rather than between the chief officer and the relevant body)."'. |
Caroline Flint
Agreed to 58
| | Schedule 8, page 171, line 13, at end insert— |
| | `After paragraph 7 insert— |
"Search and seizure powers: alcohol and tobacco
| 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. |
Powers to seize and detain: controlled drugs
| 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
Not called 153
| | Schedule 8, page 171, line 14, leave out paragraph 5. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 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
Not called 154
| | Schedule 8, page 172, line 25, leave out paragraphs 8 to 11. |
Mr Andrew Mitchell
Mr Jonathon Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 290
| | Schedule 8, page 173, line 29, at end insert— |
`Commencement
| 12A | Paragraphs 2 to 12 shall not come into effect until the Secretary of State has published an assessment of the cost and effectiveness of the existing system of community support officers.'. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 155
| | Schedule 8, page 173, line 34, leave out paragraph 14. |
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 156
| | Schedule 8, page 175, line 1, leave out paragraph 17. |
| | Schedule, as amended, agreed to. |
Caroline Flint
Agreed to 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
Agreed to 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)'. |
Mr Andrew Mitchell
Mr Jonathon Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 291
| | Schedule 9, page 178, line 24, at end add— |
`Commencement
| 11 | Paragraphs 2 to 10 shall not come into effect until the Secretary of State has published an assessment of the cost and effectiveness of the existing system of community support officers.'. |
Mr Andrew Mitchell
Mr Jonathon Djangoly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Not called 294
| | Schedule 9, page 178, line 24, at end insert— |
`Commencement
| 11 | Paragraphs 2 to 12 shall not come into effect until the Secretary of State has implemented a programme of national standards and training for community support officers covering the new responsibilities and duties inherent in this Act.'. |
| | Schedule, as amended, agreed to. |
NEW CLAUSES RELATING TO PART 3
Mr Andrew Mitchell
Mr Jonathan Djanogly
Mr Dominic Grieve
Mr Geoffrey Clifton-Brown
Withdrawn 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).".'. |
Mr David Heath
Dr Evan Harris
Not called 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;".'. |
Mr David Heath
Dr Evan Harris
Not called 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;".'. |
| | [Adjourned till Thursday at ten minutes past Nine o'clock. |
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