|
|
| |
| |
|
| | ‘ | An offence is aggravated by reason of being committed against a public servant |
|
| | for the purposes of Sections [Offences against public servants: malicious |
|
| | wounding etc.] and [Offences against public servants: harassment etc.] if the |
|
| | victim is a public servant under the provisions of Section [Definition of “public |
|
| | |
| |
| | Definition of ‘public servant’ |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘A person is a public servant if— |
|
| | (a) | he is an employee of a public authority acting in the course of his |
|
| | |
| | (b) | he is engaged in the provision of care on behalf of the National Health |
|
| | Service and acting in the course of his employment; |
|
| | (c) | he is engaged in the provsion of education in maintained schools or |
|
| | further or higher education and acting in the course of his employment; |
|
| | (d) | he is employed by central or local government, including fire services, |
|
| | and is acting in the course of his employment; |
|
| | (e) | he is engaged in the provision of social housing and is acting in the course |
|
| | |
| | (f) | he is engaged in the provision of public transport, including railways, |
|
| | buses and taxis, and is acting in the course of his employment.’. |
|
| |
| | Offences agains public servants: malicious wounding etc. |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person is guilty of an offence under this section if he commits— |
|
| | (a) | an offence under section 20 of the Offences Against the Person Act 1861 |
|
| | (24 and 25 Vict c. 100) (malicious wounding or grievious bodily harm), |
|
| | (b) | an offence against section 47 of that Act (actual bodily harm), or |
|
| | |
| | | which is aggravated by reason of being committed against a public servant. |
|
| | (2) | A person guilty of an offence falling within subsection (1)(a) or (b) above shall |
|
| | |
| | (a) | on summary conviction, to imprisonment for a term not exceeding the |
|
| | statutory maximum, or to a fine, or to both; |
|
| | (b) | on conviction on indictment, to imprisonment for a term not exceeding |
|
| | seven years or to a fine, or to both. |
|
|
|
| |
| |
|
| | (3) | A person guilty of an offence falling with subsection (1)(c) above shall be |
|
| | |
| | (a) | on summary conviction, to imprisonment for a term not exceeding six |
|
| | months or to a fine not exceeding the statutory maximum, or to both; |
|
| | (b) | on conviction on indictment to imprisonment for a term not exceeding |
|
| | two years or to a fine, or to both.’. |
|
| |
| | Offences against public servants: harassment etc |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person is guilty of an offence under this section if he commits— |
|
| | (a) | an offence under section 4 of the Public Order Act 1986 (c. 64) (fear or |
|
| | provocation of violence); |
|
| | (b) | an offence under section 4A of that Act (intentional harassment, alarm or |
|
| | |
| | (c) | an offence against section 5 of that Act (harassment, alarm or distress), |
|
| | | which is aggravated by reason of being committed against a public servant. |
|
| | (2) | A constable may arrest without warrant anyone whom he reasonably suspects to |
|
| | be committing an offence falling within subsections (1)(a) or (b) above. |
|
| | (3) | A constable may arrest a person without warrant if— |
|
| | (a) | he engages in conduct which a constable reaonably suspects to constitute |
|
| | an offence falling within subsection (1)(c) above; |
|
| | (b) | he is warned by the constable to stop; and |
|
| | (c) | he engages in further such conduct immediately, or shortly after the |
|
| | |
| | | The conduct mentioned in paragraph (a) above and the further conduct need not |
|
| | |
| | (4) | A person guilty of an offence falling within subsections (1)(a) or (b) above shall |
|
| | |
| | (a) | on summary conviction, to imprisonment for a term not exceeding six |
|
| | months or to a fine not exceeding the statutory maximum, or to both; |
|
| | (b) | on conviction on indictment, to imprisonment for a term not exceeding |
|
| | two years or to a fine, or to both. |
|
| | (5) | A person guilty of an offence falling within subsection (1)(c) above shall be liable |
|
| | to a fine not exceeding level 4 on the standard scale. |
|
| | (6) | If, on the trial on indictment of a person charged with an offence falling within |
|
| | subsections (1)(a) or (b) above the jury find him not guilty of the offence charged, |
|
| | they may find him guilty of the basic offence mentioned in that provision.’. |
|
| |
|
|
| |
| |
|
| | Power to search for weapons |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘After Section 85A of the Further and Higher Education Act, as amended, |
|
| | |
| | “85AA | Power of members of staff to search students, etc. for weapons |
|
| | (1) | A member of the staff of a college of further education who has |
|
| | reasonable grounds for believing that a student at the college may have |
|
| | with him or in his possessions— |
|
| | (a) | an article to which section 139 of the Criminal Justice Act 1988 |
|
| | applies (knives and blades etc.), or |
|
| | (b) | an offensive weapon (within the meaning of the Prevention of |
|
| | |
| | | may search that student or his possessions for such articles and weapons. |
|
| | (2) | A search under this section may be carried out only where— |
|
| | (a) | the member of the staff and the student are on the premises of the |
|
| | |
| | (b) | they are elsewhere and the member of the staff has lawful control |
|
| | or charge of the student. |
|
| | (3) | A person may carry out a search under this section only if— |
|
| | (a) | he is the principal of the college; or |
|
| | (b) | he has been authorised by the principal to carry out the search. |
|
| | (4) | A person who carries out a search of a student under this section— |
|
| | (a) | may not require the student to remove any clothing other than |
|
| | |
| | (b) | must be of the same sex as the student; and |
|
| | (c) | may carry out the search only in the presence of another person |
|
| | who is aged 18 or over and is also of the same sex as the student. |
|
| | (5) | A student’s possessions may not be searched under this section except in |
|
| | his presence and in the presence of a person (in addition to the person |
|
| | carrying out the search) who is aged 18 or over. |
|
| | (6) | If a person who, in the course of a search under this section, finds— |
|
| | (a) | anything which he has reasonable grounds for suspecting falls |
|
| | within subsection (1) (a) or (b), or |
|
| | (b) | any other thing which he has reasonable grounds for suspecting |
|
| | is evidence in relation to an offence |
|
| | | he may seize and retain it. |
|
| | (7) | A person who exercises a power under this section may use such force as |
|
| | is reasonable in the circumstances for exercising that power. |
|
| | (8) | An authorisation for the purposes of subsection (3) (b) may be given |
|
| | either in relation to a particular search or generally in relation to searches |
|
| | under this section or to a particular description of such searches. |
|
|
|
| |
| |
|
| | |
| | ‘outer clothing’ includes an outer coat, a jacket, gloves and a hat;
|
|
| | ‘possessions’, in relation to a student of a college, includes any goods |
|
| | over which he has or appears to have control. |
|
| | (10) | The powers conferred by this section are in addition to any powers |
|
| | exercisable by the member of the staff in question apart from this section |
|
| | and are not to be construed as restricting such powers.”.’. |
|
| |
| | Appeals against designation of zones |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | |
| | (a) | person who holds a premises licence authorising the use of the premises |
|
| | in an alcohol disorder zone for the sale of alcohol by retail, or |
|
| | (b) | club which is authorised by virtue of a club premises certificate to use |
|
| | premises in such zones for the supply of alcohol to members or guests, |
|
| | | may appeal to the Tribunal. |
|
| | (2) | On an appeal under this section, the Tribunal may— |
|
| | (a) | dismiss the appeal, or |
|
| | (b) | exclude an area, which includes the premises of the appellant, from the |
|
| | relevant alcohol disorder zone, or |
|
| | (c) | revoke the designation of an area designated as an alcohol disorder zone. |
|
| | (3) | No area which has ceased to be, or to be part of, an alcohol disorder zone pursuant |
|
| | to subsection (2)(a) or (2)(b) may be re-designated as an alcohol disorder zone |
|
| | within two years of it ceasing to be so designated without the consent of the |
|
| | President of the Tribunal.’. |
|
| |
| | |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In sections [Appeals against designation of zones] [Tribunal Procedure], “the |
|
| | Tribunal” means the Alcohol Disorder Zone (Designation) Tribunal. |
|
| | (2) | The Tribunal shall exercise the jurisdiction conferred on it by this Chapter. |
|
| | (3) | There shall be appointed— |
|
| | (a) | a President of the Tribunal (referred to in this Chapter as “the President”), |
|
|
|
| |
| |
|
| | (b) | a panel of persons (referred to in this Chapter as “the chairmen’s panel”) |
|
| | who may serve as chairman of the Tribunal, and |
|
| | (c) | a panel of persons (referred to in this Chapter as “the lay panel”) who may |
|
| | serve as the other two members of the Tribunal apart from the chairman. |
|
| | (4) | The President and the members of the chairmen’s panel shall each be appointed |
|
| | |
| | (5) | The members of the lay panel shall each be appointed by the Secretary of State. |
|
| | (6) | The Secretary of State may by regulations— |
|
| | (a) | provide for the jurisdiction of the Tribunal to be exercised by such |
|
| | number of tribunals as may be determined from time to time by the |
|
| | |
| | (b) | make such other provision in connection with the establishment and |
|
| | continuation of the Tribunal as the Secretary of State considers necessary |
|
| | |
| | (7) | The Secretary of State may, with the consent of the Treasury, provide such staff |
|
| | and accommodation as the Tribunal may require.’. |
|
| |
| | President and members of the panels |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | No person may be appointed President or member of the chairmen’s panel unless |
|
| | he has a seven year general qualification (within the meaning of section 71 of the |
|
| | Courts and Legal Services Act 1990). |
|
| | (2) | The Secretary of State may by regulations make provision about the requirements |
|
| | to be satisfied by a person before he may be appointed a member of the lay panel. |
|
| | (3) | If, in the opinion of the Lord Chancellor and of the Lord Chief Justice, the |
|
| | President is unfit to continue in office or is incapable of performing his duties, the |
|
| | Lord Chancellor may, with the concurrence of the Lord Chief Justice, revoke his |
|
| | |
| | (4) | Each member of the chairmen’s panel or lay panel shall hold and vacate office |
|
| | under the terms of the instrument under which he is appointed. |
|
| | (5) | The President or a member of the chairmen’s panel or lay panel— |
|
| | (a) | may resign office by notice in writing to the Lord Chancellor or (as the |
|
| | case may be) the Secretary of State, and |
|
| | (b) | is eligible for re-appointment if he ceases to hold office.’. |
|
| |
|
|
| |
| |
|
| | Remuneration and expenses |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may pay to the President, and to any other person in respect |
|
| | of his service as a member of the Tribunal, such remuneration and allowances as |
|
| | the Secretary of State may, with the consent of the Treasury, determine. |
|
| | (2) | The Secretary of State may defray the expenses of the Tribunal to such amount as |
|
| | he may, with the consent of the Treasury, determine.’. |
|
| |
| | |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may by regulations make provision about the proceedings |
|
| | of the Tribunal on an appeal under this Chapter and the initiation of such an |
|
| | |
| | (2) | The regulations may, in particular, include provision— |
|
| | (a) | as to the period within which, and the manner in which, appeals are to be |
|
| | |
| | (b) | where the jurisdiction of the Tribunal is being exercised by more than one |
|
| | |
| | (i) | for determining by which tribunal any appeal is to be heard, and |
|
| | (ii) | for the transfer of proceedings from one tribunal to another, |
|
| | (c) | for enabling any functions which relate to matters preliminary or |
|
| | incidental to an appeal to be performed by the President, or by the |
|
| | |
| | (d) | for hearings to be conducted in the absence of any member other than the |
|
| | |
| | (e) | as to the persons who may appear on behalf of the parties, |
|
| | (f) | for granting any person such disclosure or inspection of documents or |
|
| | right to further particulars as might be granted by a county court, |
|
| | (g) | requiring persons to attend to give evidence and produce documents, |
|
| | (h) | for authorising the administration of oaths to witnesses, |
|
| | (i) | for the determination of appeals without a hearing in prescribed |
|
| | |
| | (j) | as to the withdrawal of appeals, |
|
| | (k) | for the award of costs or expenses, |
|
| | (l) | for taxing or otherwise settling any such costs or expenses (and, in |
|
| | particular, for enabling such costs to be taxed in the county court), |
|
| | (m) | for the registration and proof of decisions and orders, and |
|
|
|
| |
| |
|
| | (n) | for enabling the Tribunal to review its decisions, or revoke or vary its |
|
| | orders, in such circumstances as may be determined in accordance with |
|
| | |
| | (3) | The Secretary of State may pay such allowances for the purpose of or in |
|
| | connection with the attendance of persons at the Tribunal as he may, with the |
|
| | consent of the Treasury, determine. |
|
| | (4) | Part I of the Arbitration Act 1996 shall not apply to any proceedings before the |
|
| | Tribunal but regulations may make provision corresponding to any provision of |
|
| | |
| | (5) | Any person who without reasonable excuse fails to comply with— |
|
| | (a) | any requirement in respect of the discovery or inspection of documents |
|
| | imposed by the regulations by virtue of subsection (2)(f), or |
|
| | (b) | any requirement imposed by the regulations by virtue of subsection |
|
| | |
| | |
| | (6) | A person guilty of an offence under subsection (5) is liable on summary |
|
| | conviction to a fine not exceeding level 3 on the standard scale.’. |
|
| |
| | Alcohol Disorder Zone (Designation) Tribunal for Wales |
|
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | There shall be a tribunal to be known as the Alcohol Disorder Zone (Designation) |
|
| | |
| | (2) | Sections Appeals against designation of zones to Tribunal President shall apply |
|
| | in relation to that tribunal as they apply in relation to the Alcohol Disorder Zone |
|
| | (Designation) Tribunal, but as if— |
|
| | (a) | functions of the Secretary of State were functions of the National |
|
| | |
| | (b) | references to the Secretary of State were references to the National |
|
| | |
| | (c) | requirements for the Treasury’s consent were omitted. |
|
| | (3) | The powers of the National Assembly for Wales under sections 16B(4) and (5) |
|
| | and 16C(2) are exercisable only with the agreement of the Secretary of State.’. |
|
| |
| |
| |
| | |
| To move the following Schedule:— |
|
|