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Serious Organised Crime and Police Bill


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

80

 

(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

taken previously is—

10

(a)   

incomplete; or

(b)   

is not of sufficient quality to allow satisfactory analysis,

comparison or matching (whether in the case in question or

generally).

(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

by any constable.

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

as follows—

35

(a)   

in subsection (1), after “fingerprints”, in both places, insert “,

impressions of footwear”,

(b)   

in subsection (1C)—

(i)   

in paragraph (a), after “fingerprints” insert “, impressions of

footwear”,

40

(ii)   

in paragraph (b), after “fingerprints” insert “, of the impressions

of footwear”,

(iii)   

after the third “fingerprints” insert “or impressions of

footwear”,

(iv)   

after the fourth “fingerprints” insert “, impressions of

45

footwear”.

(4)   

Section 64 (destruction of fingerprints and samples) is amended as follows—

 
 

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

81

 

(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

footwear”,

(c)   

in subsection (3), after “fingerprints” insert “, impressions of footwear”,

5

(d)   

in subsection (3AA)—

(i)   

for “and fingerprints” substitute “, fingerprints and impressions

of footwear”,

(ii)   

in paragraph (b), for “or, as the case may be, fingerprint”

substitute “, fingerprint, (or as the case may be) an impression

10

of footwear”,

(e)   

in subsection (3AB)—

(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

footwear”,

(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

footwear”,

25

(j)   

in subsection (6A), after “fingerprints” insert “or impressions of

footwear”.

Intimate samples

113     

Intimate samples

(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

other than the mouth;”.

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

intimate sample;”.

Custody officers

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).

 
 

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

82

 

(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

4A.”

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—

“Part 4A

Staff custody officers

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

a custody officer.

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

custody officer.

      (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

 
 

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

83

 

(b)   

he is a staff custody officer.”

(3)   

In subsection (5), for “an officer” substitute “an individual”.

(4)   

In subsection (7)—

(a)   

in paragraph (a)—

(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”.

(5)   

In subsection (8)—

(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

employee)”,

(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

Police Reform Act 2002.”

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

(2A),”,

(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

direction.”

(3)   

Schedule 4 (powers exercisable by police civilians) is amended as follows—

40

 
 

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

84

 

(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

Act 1967”,

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

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 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),

have effect.

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 “—

“constables” includes—

 
 

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

85

 

(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

Transport Police Force”.

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

authority,

(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—

“ “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

35

the chief officer of police of the police force maintained by that

authority,

(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

Interpretation of Part 3

118     

Interpretation of Part 3

In this Part, “PACE” means the Police and Criminal Evidence Act 1984 (c. 60).

 
 

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.

86

 

Part 4

Public order and conduct in public places etc.

Harassment

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

of those persons, and

(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

required to do, or

15

(ii)   

to do something that he is not under any

obligation to do.”;

(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

(1A)”.

(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”).

(2)   

In such a case—

(a)   

any person who is or may be a victim of the course of conduct

in question, or

30

(b)   

any person who is or may be a person falling within section

1(1A)(c),

   

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)—

 
 

 
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