|
| |
|
(a) | he is detained in consequence of his arrest for a recordable |
| |
offence, or has been charged with a recordable offence, or |
| |
informed that he will be reported for a recordable offence; and |
| |
(b) | he has not had an impression taken of his footwear in the course |
| |
of the investigation of the offence by the police. |
| 5 |
(4) | Where a person mentioned in paragraph (a) of subsection (3) above has |
| |
already had an impression taken of his footwear in the course of the |
| |
investigation of the offence by the police, that fact shall be disregarded |
| |
for the purposes of that subsection if the impression of his footwear |
| |
| 10 |
| |
(b) | is not of sufficient quality to allow satisfactory analysis, |
| |
comparison or matching (whether in the case in question or |
| |
| |
(5) | If an impression of a person’s footwear is taken at a police station, |
| 15 |
whether with or without the appropriate consent— |
| |
(a) | before it is taken, an officer shall inform him that it may be the |
| |
subject of a speculative search; and |
| |
(b) | the fact that the person has been informed of this possibility |
| |
shall be recorded as soon as is practicable after the impression |
| 20 |
has been taken, and if he is detained at a police station, the |
| |
record shall be made on his custody record. |
| |
(6) | In a case where by virtue of subsection (3) above, an impression of a |
| |
person’s footwear is taken without the appropriate consent— |
| |
(a) | he shall be told the reason before it is taken; and |
| 25 |
(b) | the reason shall be recorded on his custody record as soon as is |
| |
practicable after the impression is taken. |
| |
(7) | The power to take an impression of the footwear of a person detained |
| |
at a police station without the appropriate consent shall be exercisable |
| |
| 30 |
(8) | Nothing in this section applies to any person— |
| |
(a) | arrested or detained under the terrorism provisions, |
| |
(b) | arrested under an extradition arrest power.” |
| |
(3) | Section 63A (fingerprints and samples: supplementary provisions) is amended |
| |
| 35 |
(a) | in subsection (1), after “fingerprints”, in both places, insert “, |
| |
impressions of footwear”, |
| |
| |
(i) | in paragraph (a), after “fingerprints” insert “, impressions of |
| |
| 40 |
(ii) | in paragraph (b), after “fingerprints” insert “, of the impressions |
| |
| |
(iii) | after the third “fingerprints” insert “or impressions of |
| |
| |
(iv) | after the fourth “fingerprints” insert “, impressions of |
| 45 |
| |
(4) | Section 64 (destruction of fingerprints and samples) is amended as follows— |
| |
|
| |
|
| |
|
(a) | in subsection (1A), after “fingerprints” in both places where it occurs |
| |
insert “, impressions of footwear”, |
| |
(b) | in subsection (1B)(a), after “fingerprint” insert “or impression of |
| |
| |
(c) | in subsection (3), after “fingerprints” insert “, impressions of footwear”, |
| 5 |
| |
(i) | for “and fingerprints” substitute “, fingerprints and impressions |
| |
| |
(ii) | in paragraph (b), for “or, as the case may be, fingerprint” |
| |
substitute “, fingerprint, (or as the case may be) an impression |
| 10 |
| |
| |
(i) | after each of the first and third places “fingerprint” occurs insert |
| |
“, impression of footwear”, |
| |
(ii) | after the second place “fingerprint” occurs, insert “, nor the |
| 15 |
impression of footwear,”, |
| |
(f) | in subsection (3AC), after “fingerprint” in each place where it occurs |
| |
(including the “fingerprint” in paragraph (a) inserted by section |
| |
111(9)(a) of this Act), insert “, impression of footwear”, |
| |
(g) | in subsection (3AD), after “fingerprint” insert “, impression of |
| 20 |
| |
(h) | in subsection (5), after “fingerprints” in each place where it occurs |
| |
insert “or impressions of footwear”, |
| |
(i) | in subsection (6), after “fingerprints” insert “or impressions of |
| |
| 25 |
(j) | in subsection (6A), after “fingerprints” insert “or impressions of |
| |
| |
| |
| |
(1) | Section 65 of PACE (which defines certain terms for the purposes of Part 5 of |
| 30 |
that Act) is amended as follows. |
| |
(2) | In the definition of “intimate sample”, for paragraph (c) substitute— |
| |
“(c) | a swab taken from any part of a person’s genitals |
| |
(including pubic hair) or from a person’s body orifice |
| |
| 35 |
(3) | In the definition of “non-intimate sample”, for paragraph (c) substitute— |
| |
“(c) | a swab taken from any part of a person’s body other |
| |
than a part from which a swab taken would be an |
| |
| |
| 40 |
114 | Staff custody officers: designation |
| |
(1) | Section 38 of the Police Reform Act 2002 (c. 30) (police powers for police |
| |
authority employees) is amended as provided in subsections (2) to (4). |
| |
|
| |
|
| |
|
(2) | In subsection (2), after paragraph (d) add— |
| |
“(e) | staff custody officer.” |
| |
(3) | In subsection (6), after paragraph (d) add— |
| |
“(e) | in the case of a person designated as a staff custody officer, Part |
| |
| 5 |
(4) | After subsection (9) add— |
| |
“(10) | References in this section, section 42 or section 46(4) to powers and |
| |
duties conferred or imposed on a designated person, or to a designated |
| |
person’s being authorised or required to do anything by virtue of a |
| |
designation under this section, or to a power or duty exercisable by a |
| 10 |
designated person in reliance on or by virtue of a designation under |
| |
this section are, in the case of a staff custody officer at a police station |
| |
designated under section 35(1) of the 1984 Act, references to those |
| |
things in relation to him after his appointment as a custody officer for |
| |
that police station under section 36(2) of that Act.” |
| 15 |
(5) | After Part 4 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers |
| |
exercisable by police civilians) insert— |
| |
| |
| |
Exercise of functions of custody officers |
| 20 |
35A (1) | Where a designation applies this paragraph to any person, he may |
| |
(subject to sub-paragraph (2)) perform all the functions of a custody |
| |
officer under the 1984 Act (except those under section 45A(4) of that |
| |
Act) and under any other enactment which confers functions on such |
| |
| 25 |
(2) | But in relation to a police station designated under section 35(1) of |
| |
the 1984 Act, the person must first also be appointed a custody officer |
| |
for that police station under section 36(2) of that Act. |
| |
(3) | A person performing the functions of a custody officer by virtue of a |
| |
designation under this paragraph (together with, if appropriate, an |
| 30 |
appointment as such) shall have all the powers and duties of a |
| |
| |
(4) | Except in sections 36 and 45A(4) of the 1984 Act, references in any |
| |
enactment to a custody officer within the meaning of that Act include |
| |
references to a person performing the functions of a custody officer |
| 35 |
by virtue of a designation under this paragraph.” |
| |
115 | Custody officers: amendments to PACE |
| |
(1) | Section 36 of PACE (custody officers at police stations) is amended as provided |
| |
in subsections (2) to (6). |
| |
(2) | For subsection (3) substitute— |
| 40 |
“(3) | No person may be appointed a custody officer unless— |
| |
(a) | he is a police officer of at least the rank of sergeant; or |
| |
|
| |
|
| |
|
(b) | he is a staff custody officer.” |
| |
(3) | In subsection (5), for “an officer” substitute “an individual”. |
| |
| |
| |
(i) | after “by an officer” insert “or a staff custody officer”, |
| 5 |
(ii) | for “such an officer” substitute “such a person”, |
| |
(b) | in paragraph (b), for “such officer” substitute “such person”. |
| |
| |
(a) | after “in” insert “section 34 above or in”, |
| |
(b) | for “an officer” substitute “a person”. |
| 10 |
(6) | After subsection (10) add— |
| |
“(11) | In this section, “staff custody officer” means a person who has been |
| |
designated as such under section 38 of the Police Reform Act 2002.” |
| |
(7) | In section 39 of PACE (responsibilities in relation to persons detained)— |
| |
(a) | in subsection (6)(a), after “custody officer” insert “(or, if the custody |
| 15 |
officer is a staff custody officer, any police officer or any police |
| |
| |
(b) | after subsection (6) add— |
| |
“(7) | In subsection (6) above— |
| |
“police employee” means a person employed under |
| 20 |
section 15 of the Police Act 1996; |
| |
“staff custody officer” has the same meaning as in the |
| |
| |
Designated and accredited persons |
| |
116 | Powers of designated and accredited persons |
| 25 |
(1) | The Police Reform Act 2002 (c. 30) is amended as follows. |
| |
(2) | In section 42 (supplementary provisions relating to designations)— |
| |
(a) | in subsection (2), after “section 41 shall” insert “, subject to subsection |
| |
| |
(b) | after subsection (2) insert— |
| 30 |
“(2A) | A police officer of or above the rank of inspector may direct a |
| |
particular investigating officer not to wear a uniform for the |
| |
purposes of a particular operation; and if he so directs, |
| |
subsection (2) shall not apply in relation to that investigating |
| |
officer for the purposes of that operation. |
| 35 |
(2B) | In subsection (2A), “investigating officer” means a person |
| |
designated as an investigating officer under section 38 by the |
| |
chief officer of police of the same force as the officer giving the |
| |
| |
(3) | Schedule 4 (powers exercisable by police civilians) is amended as follows— |
| 40 |
|
| |
|
| |
|
(a) | in paragraph 1, after sub-paragraph (2) insert— |
| |
“(2A) | The reference to the powers mentioned in sub-paragraph |
| |
(2)(a) does not include those powers so far as they relate to an |
| |
offence under the provisions in the following list— |
| |
section 1 of the Theft Act 1968, |
| 5 |
section 87 of the Environmental Protection Act 1990.”, |
| |
(b) | in paragraph 15A (power to modify paragraph 1(2)(a)), for sub- |
| |
paragraph (1) substitute— |
| |
“(1) | The Secretary of State may by order amend paragraph 1(2A) |
| |
so as to remove a provision from the list or add a provision to |
| 10 |
the list; but the list must contain only provisions mentioned |
| |
in the first column of the Table in section 1(1) of the Criminal |
| |
Justice and Police Act 2001.”, |
| |
| and in the heading to paragraph 15A, for “1(2)(a)” substitute “1(2A)”. |
| |
(4) | Schedule 5 (powers exercisable by accredited persons) is amended as provided |
| 15 |
in subsections (5) and (6). |
| |
(5) | In paragraph 1 (power to issue fixed penalty notices)— |
| |
(a) | in sub-paragraph (2)(aa), omit “except in respect of an offence under |
| |
section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice |
| |
| 20 |
(b) | after sub-paragraph (2) insert— |
| |
“(2A) | The reference to the powers mentioned in sub-paragraph |
| |
(2)(aa) does not include those powers so far as they relate to |
| |
an offence under the provisions in the following list— |
| |
section 12 of the Licensing Act 1872, |
| 25 |
section 91 of the Criminal Justice Act 1967, |
| |
section 1 of the Theft Act 1968, |
| |
section 1(1) of the Criminal Damage Act 1971, |
| |
section 87 of the Environmental Protection Act 1990.” |
| |
(6) | In paragraph 9A (power to modify paragraph 1(2)(aa)), for sub-paragraph (1) |
| 30 |
| |
“(1) | The Secretary of State may by order amend paragraph 1(2A) so as to |
| |
remove a provision from the list or add a provision to the list; but the |
| |
list must contain only provisions mentioned in the first column of the |
| |
Table in section 1(1) of the Criminal Justice and Police Act 2001.”, |
| 35 |
| and in the heading to paragraph 9A, for “1(2)(aa)” substitute “1(2A)”. |
| |
(7) | Schedules 8 and 9 to this Act, which provide for additional powers and duties |
| |
for designated and accredited persons under the Police Reform Act 2002 (c. 30), |
| |
| |
Provision of information for use by police staff |
| 40 |
117 | Provision of information for use by police staff |
| |
(1) | In section 71 of the Criminal Justice and Court Services Act 2000 (c. 43) (access |
| |
to driver licensing records), in subsection (4), after “In this section” insert “— |
| |
| |
|
| |
|
| |
|
(a) | persons employed by a police authority under section |
| |
15(1) of the Police Act 1996 who are under the direction |
| |
and control of the chief officer of police of the police |
| |
force maintained by that authority, |
| |
(b) | persons employed by a police authority under section |
| 5 |
9(1) of the Police (Scotland) Act 1967 who are under the |
| |
direction and control of the chief constable of the police |
| |
force maintained for the authority’s area, |
| |
(c) | police support staff (within the meaning of the Police |
| |
(Northern Ireland) Act 2000), and |
| 10 |
(d) | persons employed by the British Transport Police |
| |
Authority under section 27(1) of the Railways and |
| |
Transport Safety Act 2003 who are under the direction |
| |
and control of the Chief Constable of the British |
| |
| 15 |
(2) | In section 18 of the Vehicles (Crime) Act 2001 (c. 3) (register of registration plate |
| |
suppliers), after subsection (8) insert— |
| |
“(9) | In this section, “constables” includes— |
| |
(a) | persons employed by a police authority under section 15(1) of |
| |
the Police Act 1996 who are under the direction and control of |
| 20 |
the chief officer of police of the police force maintained by that |
| |
| |
(b) | persons employed by a police authority under section 9(1) of the |
| |
Police (Scotland) Act 1967 who are under the direction and |
| |
control of the chief constable of the police force maintained for |
| 25 |
the authority’s area, and |
| |
(c) | persons employed by the British Transport Police Authority |
| |
under section 27(1) of the Railways and Transport Safety Act |
| |
2003 who are under the direction and control of the Chief |
| |
Constable of the British Transport Police Force.”. |
| 30 |
(3) | In section 36 of the Vehicles (Crime) Act 2001 (access to certain motor insurance |
| |
information), in subsection (3), after “In this section—” insert— |
| |
| |
(a) | persons employed by a police authority under section 15(1) of |
| |
the Police Act 1996 who are under the direction and control of |
| 35 |
the chief officer of police of the police force maintained by that |
| |
| |
(b) | persons employed by a police authority under section 9(1) of the |
| |
Police (Scotland) Act 1967 who are under the direction and |
| |
control of the chief constable of the police force maintained for |
| 40 |
the authority’s area, and |
| |
(c) | persons employed by the British Transport Police Authority |
| |
under section 27(1) of the Railways and Transport Safety Act |
| |
2003 who are under the direction and control of the Chief |
| |
Constable of the British Transport Police Force;”. |
| 45 |
| |
118 | Interpretation of Part 3 |
| |
In this Part, “PACE” means the Police and Criminal Evidence Act 1984 (c. 60). |
| |
|
| |
|
| |
|
| |
Public order and conduct in public places etc. |
| |
| |
119 | Harassment intended to deter lawful activities |
| |
(1) | The Protection from Harassment Act 1997 (c. 40) is amended as follows. |
| 5 |
(2) | In section 1 (prohibition of harassment)— |
| |
(a) | after subsection (1) insert— |
| |
“(1A) | A person must not pursue a course of conduct — |
| |
(a) | which involves harassment of two or more persons, and |
| |
(b) | which he knows or ought to know involves harassment |
| 10 |
| |
(c) | by which he intends to persuade any person (whether or |
| |
not one of those mentioned above)— |
| |
(i) | not to do something that he is entitled or |
| |
| 15 |
(ii) | to do something that he is not under any |
| |
| |
(b) | in subsection (2), after “amounts to” insert “or involves” and after |
| |
“amounted to” insert “or involved”; |
| |
(c) | in subsection (3), after “Subsection (1)” insert “or (1A)”. |
| 20 |
(3) | In section 2(1) (offence of harassment) for “section 1” substitute “section 1(1) or |
| |
| |
(4) | In section 3(1) (civil remedy) for “section 1” substitute “section 1(1)”. |
| |
(5) | After section 3 insert— |
| |
“3A | Injunctions to protect persons from harassment within section 1(1A) |
| 25 |
(1) | This section applies where there is an actual or apprehended breach of |
| |
section 1(1A) by any person (“the relevant person”). |
| |
| |
(a) | any person who is or may be a victim of the course of conduct |
| |
| 30 |
(b) | any person who is or may be a person falling within section |
| |
| |
| may apply to the High Court or a county court for an injunction |
| |
restraining the relevant person from pursuing any conduct which |
| |
amounts to harassment in relation to any person or persons mentioned |
| 35 |
or described in the injunction. |
| |
(3) | Section 3(3) to (9) apply in relation to an injunction granted under |
| |
subsection (2) above as they apply in relation to an injunction granted |
| |
as mentioned in section 3(3)(a).” |
| |
(6) | In section 5(2) (restraining orders) after “victim” insert “or victims”. |
| 40 |
(7) | In section 7 (interpretation of sections 1 to 5)— |
| |
|
| |
|