Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Serious Organised Crime and Police Bill

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
173

(b)
in subsection (5A)(a), for “the serious arrestable offence” substitute
“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”,
5
(b)
in subsection (8A)(a), for “the serious arrestable offence” substitute
“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”.
10
     (12)
Section 116 (meaning of “serious arrestable offence”) shall cease to have
effect.
     (13)
In Schedule 1 (special procedure material), in paragraph 2(a)(i), for “a
serious arrestable offence” substitute “an indictable offence”.
     (14)
Schedule 5 (serious arrestable offences) shall cease to have effect.
15
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
1984)” substitute “an indictable offence”.
20
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
(b)(ii), for “arrestable” substitute “indictable”.
25
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
“indictable”.
30
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”
substitute “condition applicable to this subsection is”,
35
(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
been in England and Wales.”,
40
(c)
in subsection (9), for the definition of ““arrestable offence” and

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
174

“designated police station”” substitute—
““arrestable offence” has the same meaning as in the
Police and Criminal Evidence (Northern Ireland)
Order 1989 (“the 1989 Order”);
“designated police station” has the same meaning as in
5
the Police and Criminal Evidence Act 1984 or, in
relation to Northern Ireland, as in the 1989 Order;
and”.
      (3)
In section 138 (provisions supplementing section 137), in subsection (3), for
“subsections (4)(b) and (6)(b)” substitute “subsection (6)(b)”.
10
      (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.
Terrorism Act 2000 (c. 11)
13    (1)
In Schedule 8 to the Terrorism Act 2000 (detention), in paragraph 8 (which
15
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
where it occurs, substitute “serious offence”,
(b)
in sub-paragraph (9), for the words before paragraph (a) substitute
20
“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
of Article 87 of the Police and Criminal Evidence (Northern Ireland)
Order 1989; but also include—”.
25
      (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
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
30
indictable offence”.

This paragraph has the same extent as the Armed Forces Act 2001.
International Criminal Court Act 2001 (c. 17)
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
35
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”.
      (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
40
offence” substitute “a relevant offence”.
      (4)
This paragraph extends to England and Wales and to Northern Ireland (but
not to Scotland).

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
175

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”,
5
(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—
10
“(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
indictable offence, or (if it occurred in Northern
Ireland) constitute an arrestable offence, and”,
15
(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.
Schedule 8
Section 116

Powers of designated and accredited persons
20
Part 1
Designated persons
1
Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by
police civilians) is amended as follows.
Community support officers
25
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
paragraph is confined to one or more only (and not to all) relevant offences,
relevant licensing offences or relevant byelaws, being in each case specified
30
in the designation.”
      (3)
In sub-paragraph (2)—
(a)
at the beginning insert “Subject to sub-paragraph (3A),”,
(b)
after “area,” insert “or a relevant licensing offence (whether or not in
the relevant police area),”.
35
      (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)

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
176

believed to have been committed on licensed premises (within the
meaning of the Licensing Act 2003).”
      (5)
After sub-paragraph (3) insert—
   “(3A)
The power to impose a requirement under sub-paragraph (2) in
relation to an offence under a relevant byelaw is exercisable only
5
in a place to which the byelaw relates.
     (3B)
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
stop doing whatever gives rise to that belief, the CSO may, if the
10
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 (3B)”.
      (7)
In sub-paragraph (5)(b), after “(3)” insert “or (3B)”.
15
      (8)
In sub-paragraph (6), after the paragraph (ab) inserted by paragraph 12(2) of
Schedule 14 to this Act, insert—
“(ac)
an offence under section 3 or 4 of the Vagrancy Act 1824; or
(ad)
an offence under a relevant byelaw; or”.
      (9)
After sub-paragraph (6) insert—
20
   “(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);
(b)
section 142;
25
(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 (3)(b)
of that section);
30
(g)
section 152(1) (excluding paragraph (b)).
     (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
35
(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
40
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
45
published by the chief officer as mentioned in sub-paragraph (6C).

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
177

     (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;
5
(c)
Transport for London;
(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
10
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
15
officer and the relevant body).”
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
person shall (subject to sub-paragraph (3)) have the powers
20
mentioned in sub-paragraph (2) in relation to a person upon
whom he has imposed a requirement to wait under paragraph 2(3)
or (3B) (whether or not that person makes an election under
paragraph 2(4)).
      (2)
Those powers are the same powers as a constable has under
25
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
may present a danger to himself or others; and to seize and
30
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;
(b)
to search the arrested person for anything which he might
35
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
person being searched might use it to assist him to escape
40
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—
(a)
tell the person from whom it was seized where inquiries
45
about its recovery may be made; and
(b)
comply with a constable’s instructions about what to do
with it.”

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
178

4
After paragraph 3 insert—
“Power to require name and address: road traffic offences
3A    (1)
Where a designation applies this paragraph to any person, that
person shall, in the relevant police area, have the powers of a
constable—
5
(a)
under subsection (1) of section 165 of the Road Traffic Act
1988 to require a person mentioned in paragraph (c) of that
subsection whom he has reasonable cause to believe has
committed, in the relevant police area, an offence under
subsection (1) or (2) of section 35 of that Act (including that
10
section as extended by paragraphs 11B(4) and 12(2) of this
Schedule) to give his name and address; and
(b)
under section 169 of that Act to require a person
committing an offence under section 37 of that Act
(including that section as extended by paragraphs 11B(4)
15
and 12(2) of this Schedule) to give his name and address.
      (2)
Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a
requirement imposed by virtue of sub-paragraph (1) as they apply
in the case of a requirement under sub-paragraph (2) of that
paragraph.
20
      (3)
The reference in section 169 of the Road Traffic Act 1988 to section
37 of that Act is to be taken to include a reference to that section as
extended by paragraphs 11B(4) and 12(2) of this Schedule.”
5
After paragraph 7 insert—
“Search and seizure powers: alcohol and tobacco
25
7A    (1)
Where a designation applies this paragraph to any person (“the
CSO”), the CSO shall have the powers set out below.
      (2)
Where—
(a)
in exercise of the powers referred to in paragraph 5 or 6
above the CSO has imposed, under section 12(2) of the
30
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
35
(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.
      (3)
Where—
(a)
in exercise of the powers referred to in paragraph 7 above
40
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
45
possession,

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
179


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
5
(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
10
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.
15
      (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
20
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
25
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).
      (2)
If the CSO—
(a)
finds a controlled drug in a person’s possession (whether
30
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,
35

the CSO may seize it and retain it.
      (3)
If the CSO—
(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
40
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
45
seizes and retains a controlled drug, he must—