House of Commons portcullis
House of Commons
Session 2004 - 05
Internet Publications
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).

 
 

Serious Organised Crime and Police Bill
Part 3 — Police powers etc.

74

 

(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

45

premises which it is desired to enter and search.”

 
 

Serious Organised Crime and Police Bill
Part 3 — Police powers etc.

75

 

(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.

45

 
 

Serious Organised Crime and Police Bill
Part 3 — Police powers etc.

76

 

(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

45

warrant authorising multiple entries, upon the expiry of

 
 

Serious Organised Crime and Police Bill
Part 3 — Police powers etc.

77

 

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.

40

 
 

Serious Organised Crime and Police Bill
Part 3 — Police powers etc.

78

 

(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.

 
 

Serious Organised Crime and Police Bill
Part 3 — Police powers etc.

79

 

(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—

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2005
Revised 25 January 2005