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
Part 3 — Police powers etc.
73

Exclusion zones
106
Power to direct a person to leave a place
(1)
A constable may direct a person to leave a place if he believes, on reasonable
grounds, that the person is in the place at a time when he would be prohibited
from entering it by virtue of—
5
(a)
an order to which subsection (2) applies, or
(b)
a condition to which subsection (3) applies.
(2)
This subsection applies to an order which—
(a)
was made, by virtue of any enactment, following the person’s
conviction of an offence, and
10
(b)
prohibits the person from entering the place or from doing so during a
period specified in the order.
(3)
This subsection applies to a condition which—
(a)
was imposed, by virtue of any enactment, as a condition of the person’s
release from a prison in which he was serving a sentence of
15
imprisonment following his conviction of an offence, and
(b)
prohibits the person from entering the place or from doing so during a
period specified in the condition.
(4)
A direction under this section may be given orally.
(5)
Any person who knowingly contravenes a direction given to him under this
20
section is guilty of an offence and liable on summary conviction to
imprisonment for a term not exceeding 51 weeks or to a fine not exceeding
level 4 on the standard scale, or to both.
(6)
A constable in uniform may arrest without warrant any person he reasonably
suspects is committing or has committed an offence under subsection (5).
25
(7)
Subsection (6) ceases to have effect on the commencement of section 104.
(8)
In subsection (3)(a)—
(a)
“sentence of imprisonment” and “prison” are to be construed in
accordance with section 62(5) of the Criminal Justice and Court Services
Act 2000 (c. 43);
30
(b)
the reference to a release from prison includes a reference to a
temporary release.
(9)
In this section, “place” includes an area.
(10)
This section applies whether or not the order or condition mentioned in
subsection (1) was made or imposed before or after the commencement of this
35
section.
Search warrants
107
Search warrants: premises
(1)
PACE is amended as follows.
(2)
Section 8 (power to authorise entry and search of premises) is amended as
40
provided in subsections (3) and (4).

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(3)
In subsection (1)—
(a)
in paragraph (b), for “specified in the application” substitute
“mentioned in subsection (1A) below”,
(b)
in paragraph (e), at the end add “in relation to each set of premises
specified in the application”.
5
(4)
After subsection (1) insert—
“(1A)
The premises referred to in subsection (1)(b) above are—
(a)
one or more sets of premises specified in the application (in
which case the application is for a “specific premises warrant”);
or
10
(b)
any premises occupied or controlled by a person specified in the
application, including such sets of premises as are so specified
(in which case the application is for an “all premises warrant”).
(1B)
If the application is for an all premises warrant, the justice of the peace
must also be satisfied—
15
(a)
that because of the particulars of the offence referred to in
paragraph (a) of subsection (1) above, there are reasonable
grounds for believing that it is necessary to search premises
occupied or controlled by the person in question which are not
specified in the application in order to find the material referred
20
to in paragraph (b) of that subsection; and
(b)
that it is not reasonably practicable to specify in the application
all the premises which he occupies or controls and which might
need to be searched.”
(5)
Section 15 (search warrants—safeguards) is amended as provided in
25
subsections (6) to (8).
(6)
For subsection (2)(b) substitute—
“(b)
to specify the matters set out in subsection (2A) below; and”.
(7)
After subsection (2) insert—
“(2A)
The matters which must be specified pursuant to subsection (2)(b)
30
above are—
(a)
if the application is for a specific premises warrant made by
virtue of section 8(1A)(a) above or paragraph 12 of Schedule 1
below, each set of premises which it is desired to enter and
search;
35
(b)
if the application is for an all premises warrant made by virtue
of section 8(1A)(b) above or paragraph 12 of Schedule 1 below—
(i)
as many sets of premises which it is desired to enter and
search as it is reasonably practicable to specify;
(ii)
the person who is in occupation or control of those
40
premises and any others which it is desired to enter and
search;
(iii)
why it is necessary to search more premises than those
specified under sub-paragraph (i); and
(iv)
why it is not reasonably practicable to specify all the
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premises which it is desired to enter and search.”

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(8)
For subsection (6)(a)(iv) substitute—
“(iv)
each set of premises to be searched, or (in the case of an
all premises warrant) the person who is in occupation or
control of premises to be searched, together with any
premises under his occupation or control which can be
5
specified and which are to be searched; and”.
(9)
In section 16 (execution of warrants)—
(a)
after subsection (3) insert—
“(3A)
If the warrant is an all premises warrant, no premises which are
not specified in it may be entered or searched unless a police
10
officer of at least the rank of inspector has in writing authorised
them to be entered.”,
(b)
in subsection (9), after paragraph (b) add—

“and, unless the warrant is a specific premises warrant
specifying one set of premises only, he shall do so separately in
15
respect of each set of premises entered and searched, which he
shall in each case state in the endorsement.”,
(c)
in subsection (12), for “the premises” substitute “premises”.
(10)
Schedule 1 (special procedure) is amended as follows.
(11)
In each of paragraphs 2(a)(ii) and 3(a), at the end add “, or on premises
20
occupied or controlled by a person specified in the application (including all
such premises on which there are reasonable grounds for believing that there
is such material as it is reasonably practicable so to specify);”.
(12)
In paragraph 3(b), for “the premises” substitute “such premises”.
(13)
In paragraph 12—
25
(a)
in sub-paragraph (a)(ii), after “fulfilled” insert “in relation to each set of
premises specified in the application”,
(b)
at the end add “or (as the case may be) all premises occupied or
controlled by the person referred to in paragraph 2(a)(ii) or 3(a),
including such sets of premises as are specified in the application (an
30
“all premises warrant”)”.
(14)
After paragraph 12 insert—
“12A
The judge may not issue an all premises warrant unless he is
satisfied—
(a)
that there are reasonable grounds for believing that it is
35
necessary to search premises occupied or controlled by the
person in question which are not specified in the application,
as well as those which are, in order to find the material in
question; and
(b)
that it is not reasonably practicable to specify all the premises
40
which he occupies or controls which might need to be
searched.”
(15)
In paragraph 14(a), omit “to which the application relates”.
108
Search warrants: other amendments
(1)
PACE is amended as follows.
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Serious Organised Crime and Police Bill
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(2)
In section 8 (power to authorise entry and search of premises), after the
subsection (1B) inserted by section 107(4) of this Act insert—
“(1C)
The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
5
achieve the purpose for which he issues the warrant.
(1D)
If it authorises multiple entries, the number of entries authorised may
be unlimited, or limited to a maximum.”
(3)
Section 15 (search warrants—safeguards) is amended as provided in
subsections (4) to (7).
10
(4)
In subsection (2)(a)—
(a)
omit “and” at the end of sub-paragraph (i),
(b)
at the end of sub-paragraph (ii) insert “and”,
(c)
after that sub-paragraph insert—
“(iii)
if the application is for a warrant authorising
15
entry and search on more than one occasion, the
ground on which he applies for such a warrant,
and whether he seeks a warrant authorising an
unlimited number of entries, or (if not) the
maximum number of entries desired;”.
20
(5)
In subsection (5), at the end add “unless it specifies that it authorises multiple
entries”.
(6)
After subsection (5) insert—
“(5A)
If it specifies that it authorises multiple entries, it must also specify
whether the number of entries authorised is unlimited, or limited to a
25
specified maximum.”
(7)
For subsection (7) substitute—
“(7)
Two copies shall be made of a specific premises warrant (see section
8(1A)(a) above) which specifies only one set of premises and does not
authorise multiple entries; and as many copies as are reasonably
30
required may be made of any other kind of warrant.”
(8)
In section 16 (execution of warrants)—
(a)
in subsection (3), for “one month” substitute “three months”,
(b)
after the subsection (3A) inserted by section 107(9)(a) of this Act,
insert—
35
“(3B)
No premises may be entered or searched for the second or any
subsequent time under a warrant which authorises multiple
entries unless a police officer of at least the rank of inspector has
in writing authorised that entry to those premises.”,
(c)
for subsection (10) substitute—
40
“(10)
A warrant shall be returned to the appropriate person
mentioned in subsection (10A) below—
(a)
when it has been executed; or
(b)
in the case of a specific premises warrant which has not
been executed, or an all premises warrant, or any
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warrant authorising multiple entries, upon the expiry of

Serious Organised Crime and Police Bill
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the period of three months referred to in subsection (3)
above or sooner.
(10A)
The appropriate person is—
(a)
if the warrant was issued by a justice of the peace, the
designated officer for the local justice area in which the
5
justice was acting when he issued the warrant;
(b)
if it was issued by a judge, the appropriate officer of the
court from which he issued it.”
(9)
In Schedule 1 (special procedure), in paragraph 17, for “a Circuit judge”
substitute “a judge of the High Court, a Circuit judge, a Recorder”.
10
Fireworks
109
Power to stop and search for prohibited fireworks
(1)
Section 1 of PACE (powers of constables to stop and search) is amended as
follows.
(2)
In subsection (2), for “or any article to which subsection (8A) below applies”
15
substitute “, any article to which subsection (8A) below applies or any firework
to which subsection (8B) below applies”.
(3)
In subsection (3), for “or any article to which subsection (8A) below applies”
substitute “, any article to which subsection (8A) below applies or any firework
to which subsection (8B) below applies”.
20
(4)
In subsection (6), for “or an article to which subsection (8A) below applies”
substitute “, an article to which subsection (8A) below applies or a firework to
which subsection (8B) below applies”.
(5)
After subsection (8A) insert—
“(8B)
This subsection applies to any firework which a person possesses in
25
contravention of a prohibition imposed by fireworks regulations.
(8C)
In this section—
(a)
“firework” shall be construed in accordance with the definition
of “fireworks” in section 1(1) of the Fireworks Act 2003; and
(b)
“fireworks regulations” has the same meaning as in that Act.”
30
Photographing of suspects etc.
110
Photographing of suspects etc.
(1)
Section 64A of PACE (photographing of suspects etc.) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
A person falling within subsection (1B) below may, on the occasion of
35
the relevant event referred to in subsection (1B), be photographed
elsewhere than at a police station—
(a)
with the appropriate consent; or
(b)
if the appropriate consent is withheld or it is not practicable to
obtain it, without it.
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(1B)
A person falls within this subsection if he has been—
(a)
arrested by a constable for an offence;
(b)
taken into custody by a constable after being arrested for an
offence by a person other than a constable;
(c)
made subject to a requirement to wait with a community
5
support officer under paragraph 2(3) or (3B) of Schedule 4 to the
Police Reform Act 2002 (“the 2002 Act”);
(d)
given a penalty notice by a constable in uniform under Chapter
1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty
notice by a constable under section 444A of the Education Act
10
1996, or a fixed penalty notice by a constable in uniform under
section 54 of the Road Traffic Offenders Act 1988;
(e)
given a notice in relation to a relevant fixed penalty offence
(within the meaning of paragraph 1 of Schedule 4 to the 2002
Act) by a community support officer by virtue of a designation
15
applying that paragraph to him; or
(f)
given a notice in relation to a relevant fixed penalty offence
(within the meaning of paragraph 1 of Schedule 5 to the 2002
Act) by an accredited person by virtue of accreditation
specifying that that paragraph applies to him.”
20
(3)
In subsection (4)(a), after “prosecution” insert “or to the enforcement of a
sentence”.
(4)
In subsection (5), after paragraph (b) insert “; and
(c)
“sentence” includes any order made by a court in England and
Wales when dealing with an offender in respect of his offence.”
25
(5)
After subsection (6) insert—
“(6A)
In this section, a “photograph” includes a moving image, and
corresponding expressions shall be construed accordingly.”
Fingerprints and footwear impressions
111
Fingerprints
30
(1)
Section 61 of PACE (fingerprinting) is amended as provided in subsections (2)
to (4).
(2)
After subsection (6) insert—
“(6A)
A constable may take a person’s fingerprints without the appropriate
consent if—
35
(a)
the constable reasonably suspects that the person is committing
or attempting to commit an offence, or has committed or
attempted to commit an offence; and
(b)
either of the two conditions mentioned in subsection (6B) is met.
(6B)
The conditions are that—
40
(a)
the name of the person is unknown to, and cannot be readily
ascertained by, the constable;
(b)
the constable has reasonable grounds for doubting whether a
name furnished by the person as his name is his real name.

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(6C)
The taking of fingerprints by virtue of subsection (6A) does not count
for any of the purposes of this Act as taking them in the course of the
investigation of an offence by the police.”
(3)
In subsection (7), for “or (6)” substitute “, (6) or (6A)”.
(4)
In subsection (7A)—
5
(a)
after “police station,” insert “or by virtue of subsection (6A) at a place
other than a police station,”,
(b)
in paragraph (a), after “an officer” insert “(or, in a subsection (6A) case,
the constable)”.
(5)
In section 63A of PACE (fingerprints and samples: supplementary
10
provisions)—
(a)
after subsection (1) insert—
“(1ZA)
Fingerprints taken by virtue of section 61(6A) above may be
checked against other fingerprints to which the person seeking
to check has access and which are held by or on behalf of any
15
one or more relevant law-enforcement authorities or which are
held in connection with or as a result of an investigation of an
offence.”,
(b)
in subsection (1A), after “subsection (1)” insert “and (1ZA)”.
(6)
Section 64 of PACE (destruction of fingerprints and samples) is amended as
20
follows.
(7)
After subsection (1B) insert—
“(1BA)
Fingerprints taken from a person by virtue of section 61(6A) above
must be destroyed as soon as they have fulfilled the purpose for which
they were taken.”
25
(8)
In subsection (3AB), for “subsection (3)” substitute “subsection (1BA) or (3)”.
(9)
in subsection (3AC)—
(a)
in paragraph (a), after “that” insert “fingerprint or”,
(b)
at the end add the following new sentence—

“This subsection does not apply to fingerprints taken from a
30
person by virtue of section 61(6A) above.”
112
Impressions of footwear
(1)
PACE is amended as provided in subsections (2) to (4).
(2)
After section 61 insert—
“61A
Impressions of footwear
35
(1)
Except as provided by this section, no impression of a person’s
footwear may be taken without the appropriate consent.
(2)
Consent to the taking of an impression of a person’s footwear must be
in writing if it is given at a time when he is at a police station.
(3)
Where a person is detained at a police station, an impression of his
40
footwear may be taken without the appropriate consent if—