|
| |
|
| |
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 |
| |
| 30 |
(b) | the reference to a release from prison includes a reference to a |
| |
| |
(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 |
| |
| |
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). |
| |
|
| |
|
| |
|
| |
(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”); |
| |
| 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 |
| |
| 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 |
| |
| |
(5) | Section 15 (search warrants—safeguards) is amended as provided in |
| 25 |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| 45 |
premises which it is desired to enter and search.” |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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”. |
| |
| 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 |
| |
| |
(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 |
| |
| |
(b) | that it is not reasonably practicable to specify all the premises |
| 40 |
which he occupies or controls which might need to be |
| |
| |
(15) | In paragraph 14(a), omit “to which the application relates”. |
| |
108 | Search warrants: other amendments |
| |
(1) | PACE is amended as follows. |
| 45 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
(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, |
| |
| 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 |
| 45 |
warrant authorising multiple entries, upon the expiry of |
| |
|
| |
|
| |
|
the period of three months referred to in subsection (3) |
| |
| |
(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 |
| |
109 | Power to stop and search for prohibited fireworks |
| |
(1) | Section 1 of PACE (powers of constables to stop and search) is amended as |
| |
| |
(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. |
| |
| |
(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 |
| |
| 40 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 30 |
(1) | Section 61 of PACE (fingerprinting) is amended as provided in subsections (2) |
| |
| |
(2) | After subsection (6) insert— |
| |
“(6A) | A constable may take a person’s fingerprints without the appropriate |
| |
| 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. |
| |
|
| |
|
| |
|
(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)”. |
| |
| 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, |
| |
| |
(5) | In section 63A of PACE (fingerprints and samples: supplementary |
| 10 |
| |
(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 |
| |
| |
(b) | in subsection (1A), after “subsection (1)” insert “and (1ZA)”. |
| |
(6) | Section 64 of PACE (destruction of fingerprints and samples) is amended as |
| 20 |
| |
(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 |
| |
| 25 |
(8) | In subsection (3AB), for “subsection (3)” substitute “subsection (1BA) or (3)”. |
| |
| |
(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— |
| |
|
| |
|