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511

 
 

House of Commons

 
 

Wednesday 10th May 2006

 

Report Stage Proceedings

 

Police and Justice Bill, As Amended


 

new clauses

 

Delegation of police authority functions

 

Secretary John Reid

 

Added  NC4

 

To move the following Clause:—

 

‘(1)    

‘Section 107 of the Local Government Act 1972 (c. 70) (application to police

 

authorities of provisions about discharge of local authority functions) is amended

 

as follows.

 

(2)    

After subsection (3A) there is inserted—

 

“(3B)    

Section 101 above, in its application to a police authority, shall have

 

effect as if a reference in subsection (1), (2), (4) or (5) to an officer of an

 

authority included a reference to a member of that authority.”

 

(3)    

For subsection (4) there is substituted—

 

“(4)    

The Secretary of State may by regulations make provision regulating the

 

power of a police authority under section 101 above to arrange for the

 

discharge of their functions by a committee, sub-committee, officer or

 

member of the authority as respects part only of their area.

 

(4A)    

Regulations under subsection (4) may in particular—

 

(a)    

impose limitations or restrictions on the functions which may be

 

the subject of arrangements of the kind referred to in that

 

subsection;

 

(b)    

make provision as to the membership or chairmanship of any

 

committee or sub-committee discharging functions under such

 

arrangements;

 

(c)    

impose limitations or restrictions on which officers or members

 

of a police authority may discharge functions under such

 

arrangements.

 

(4B)    

A statutory instrument containing regulations under subsection (4) shall

 

be subject to annulment in pursuance of a resolution of either House of

 

Parliament.”


 
 

Report Stage Proceedings: 10th May 2006                  

512

 

Police and Justice Bill, continued

 
 

(4)    

Subsection (6) (members of police authority committees must be authority

 

members) is omitted.’.

 


 

Supply of information to police etc by Registrar General

 

Secretary John Reid

 

Added  NC5

 

To move the following Clause:—

 

‘(1)    

The Registrar General for England and Wales or the Registrar General for

 

Northern Ireland may supply information contained in any register of deaths kept

 

by him—

 

(a)    

to a police force in the United Kingdom,

 

(b)    

to a special police force,

 

(c)    

to the Serious Organised Crime Agency, or

 

(d)    

to a person or body specified, or of a description specified, by order,

 

    

for use in the prevention, detection, investigation or prosecution of offences.

 

(2)    

The power to make an order under subsection (1)(d) is exercisable—

 

(a)    

in relation to England and Wales, by the Registrar General for England

 

and Wales with the approval of the Chancellor of the Exchequer;

 

(b)    

in relation to Northern Ireland, by the Secretary of State after consulting

 

the Registrar General for Northern Ireland.

 

(3)    

A Registrar General may charge a reasonable fee in respect of the cost of

 

supplying information under this section.

 

(4)    

The supply of information in the exercise of the power conferred by subsection

 

(1) may be made subject to conditions, including in particular conditions as to—

 

(a)    

the use and storage of the information;

 

(b)    

the period for which any record of the information may be retained;

 

(c)    

those to whom the information may be disclosed.

 

(5)    

This section does not limit the circumstances in which information may be

 

supplied apart from this section.

 

(6)    

In this section “special police force” means—

 

(a)    

the Ministry of Defence Police;

 

(b)    

the British Transport Police Force;

 

(c)    

the Civil Nuclear Constabulary;

 

(d)    

the Scottish Crime and Drug Enforcement Agency.’.

 


 

Power to detain pending DPP’s decision about charging

 

Secretary John Reid

 

Added  NC6

 

To move the following Clause:—


 
 

Report Stage Proceedings: 10th May 2006                  

513

 

Police and Justice Bill, continued

 
 

‘In section 37 of the Police and Criminal Evidence Act 1984 (c. 60) (duties of

 

custody officer before charge), in paragraph (a) of subsection (7) (officer’s duties

 

when he determines that there is sufficient evidence to charge), for “shall be

 

released without charge and on bail for the purpose” there is substituted “shall

 

be—

 

(a)    

released without charge and on bail, or

 

(b)    

kept in police detention,

 

    

for the purpose”.’.

 


 

Protection of children: prohibition of police and conditional cautions

 

Bob Spink

 

Withdrawn  NC1

 

To move the following Clause:—

 

‘(1)    

Police cautions, including conditional cautions under Part 3 of the Criminal

 

Justice Act 2003 (c. 44), shall not be issued in relation to offences against a child

 

under the Protection of Children Act 1978 (c. 37) and Part 1 of the Sexual

 

Offences Act 2003 (c. 42), save in the circumstances provided for in subsection

 

(2).

 

(2)    

Subsection (1) shall not apply where the person issuing the caution believes that

 

the person in receipt of the caution is not likely to commit further offences under

 

the Protection of Children Act 1978 or Part 1 of the Sexual Offences Act 2003.

 

(3)    

In this section, child means a person under 16 years old.’.

 


 

Encrypted data and indecent photographs of a child

 

Sir Paul Beresford

 

Mr Dominic Grieve

 

Nick Herbert

 

Mr John Randall

 

Mr Humfrey Malins

 

Not called  nc2

 

To move the following Clause:—

 

‘(1)    

The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.

 

(2)    

In section 53 (failure to comply with a notice)—

 

(a)    

after subsection (5A)(a) there is inserted—

 

“(aa)    

in a case to which subsection (6) applies, seven years;”

 

(b)    

after subsection (5B) there is inserted—

 

“(6)    

This subsection applies where—

 

(a)    

a person has been previously convicted of an offence

 

contrary to section 1 of the Protection of Children Act

 

1978 (c. 37) or section 160 of the Criminal Justice Act

 

1988 (c. 33); or


 
 

Report Stage Proceedings: 10th May 2006                  

514

 

Police and Justice Bill, continued

 
 

(b)    

the apparatus or data storage device containing the

 

protected information contains an indecent photograph

 

or pseudo-photograph of a child; or

 

(c)    

the apparatus or data storage device containing the

 

protected information has come into the possession of

 

any person together with other apparatus or a data

 

storage device which contains an indecent photograph or

 

pseudo-photograph of a child; or

 

(d)    

the court is satisfied that the protected information is

 

likely to contain an indecent photograph or pseudo-

 

photograph of a child.

 

(7)    

Subsection (b) will not apply where the person to whom the

 

notice is given can show that the protected information does not

 

contain an indecent photograph or pseudo-photograph of a child.

 

(8)    

In this section ‘indecent photograph or pseudo-photograph of a

 

child’ shall have the same meaning as that set out in the

 

Protection of Children Act 1978 (c. 37)”.

 

(3)    

After paragraph 36 of Schedule 3 of the Sexual Offences Act 2003 (c. 42) there

 

is inserted—

 

“36A      

An offence under section 53 of the Regulation of Investigatory Powers

 

Act 2000 (c. 23) if subsection (6) of that section applies.”’.

 


 

Extension of offences requiring notification

 

Sir Paul Beresford

 

Mr Dominic Grieve

 

Nick Herbert

 

Mr John Randall

 

Mr Humfrey Malins

 

Not called  nc3

 

To move the following Clause:—

 

‘After paragraph 29 of Schedule 3 to the Sexual Offences Act 2003 (c. 42) there

 

shall be inserted—

 

“29A      

An offence under sections 48 to 50 of this Act (abuse of children

 

through prostitution and pornography) where the offender­—

 

(a)    

was 18 or over, or

 

(b)    

is or has been sentenced in respect of the offences for a term

 

of at least 12 months”.’.

 



 
 

Report Stage Proceedings: 10th May 2006                  

515

 

Police and Justice Bill, continued

 
 

Rendition

 

Lynne Featherstone

 

Martin Horwood

 

Not selected  NC7

 

To move the following Clause:—

 

‘(1)    

If the Secretary of State is aware of intelligence that any aircraft entering British

 

airspace is being or has been or may be involved in an act of unlawful rendition

 

then he may require that aircraft to land at a designated suitable airport.

 

(2)    

If any plane is required to land in accordance with subsection (1) a responsible

 

person shall as soon as practicable—

 

(a)    

enter the aircraft; or

 

(b)    

arrange for a police constable or an authorised officer of Revenue and

 

Customs to enter the aircraft.

 

(3)    

If the Secretary of State or other responsible person is aware of intelligence that

 

an aircraft using airport facilities in the United Kingdom is being or has been or

 

may be involved in an act of unlawful rendition then a responsible person may

 

make arrangements to—

 

(a)    

enter the aircraft; or

 

(b)    

arrange for a police constable or an authorised officer of Revenue and

 

Customs to enter the aircraft.

 

(4)    

 

(i)    

A person who enters an aircraft under subsection (2) or (3) above shall

 

endeavour to ascertain—

 

(a)    

whether the aircraft is being or has been used for an act of

 

unlawful rendition;

 

(b)    

whether a criminal offence has been committed;

 

(c)    

whether allowing the aircraft to continue could place the United

 

Kingdom in breach of its obligations under the European

 

Convention on Human Rights and for these purposes may search

 

the aircraft.

 

(ii)    

In order to comply with a power under subsection (4)(i) any item may be

 

removed from the aircraft.

 

(5)    

For the purposes of this section—

 

“an act of unlawful rendition” is an act involving the transportation of a

 

person to a territory where international human rights standards, in

 

particular protections against torture and inhuman and degrading

 

treatment, are not observed, such transportation not being in accordance

 

with formal lawful extradition or deportation procedures;

 

“a responsible person” means—

 

(a)    

the chief officer of police of a police force maintained for a

 

police area in England and Wales;

 

(b)    

the chief constable of a police force maintained under the Police

 

(Scotland) Act 1967 (c. 77);

 

(c)    

the Chief Constable of the Police Service of Northern Ireland;

 

(d)    

one of the Commissioners for Her Majesty’s Revenue and

 

Customs.’.

 



 
 

Report Stage Proceedings: 10th May 2006                  

516

 

Police and Justice Bill, continued

 
 

Designation of part 2 territories: omission of United States of America

 

David Davis

 

Mr Nick Clegg

 

Mr Dominic Grieve

 

Lynne Featherstone

 

Nick Herbert

 

Martin Horwood

 

Negatived on division  NC8

 

To move the following Clause:—

 

‘(1)    

The Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 (S.I.

 

2003/3334 is amended as follows.

 

(2)    

In the list of territories in paragraph 3(2) “The United States of America” is

 

omitted.’.

 


 

Police powers of entry and examination of relevant offender’s home address

 

Sir Paul Beresford

 

Mr Dominic Grieve

 

Nick Herbert

 

Mr John Randall

 

Mr Humfrey Malins

 

Not called  NC9

 

To move the following Clause:—

 

After section 88 of the Sexual Offences Act 2003 (c. 42) there is inserted—

 

“88A  

Police powers of entry and examination of relevant offender’s home

 

address for confirmation of residency and risk assessment

 

(1)    

Upon application by a constable of a relevant force a justice of the peace

 

may grant a warrant authorising him to enter premises named on the

 

warrant if he is satisfied that the conditions in subsection (2) are satisfied

 

and that it is necessary for a warrant to be issued.

 

(2)    

The conditions mentioned in subsection (1) are—

 

(a)    

that it is necessary to enter the premises named on the warrant to

 

confirm the residency and risk assessment of the relevant person;

 

(b)    

that it would assist the carrying out of the purpose of

 

confirmation of residency and risk assessment, for a constable of

 

the relevant force to examine and search the premises and the

 

things in them; and

 

(c)    

that on more than one occasion a constable of the relevant force

 

has attempted to examine and search the premises and the things

 

in them for the purpose of ascertaining residency and risk

 

assessing the offender and has been unable (whether by not being

 

able to search and examine the premises and the things in them,

 

or by not being able to obtain entry to the premises) to do so.

 

(3)    

Section 16 of the Police and Criminal Evidence Act 1984 (c. 60) applies

 

to warrants issued under subsections (1) above as though it were a search

 

warrant issued under that Act.


 
 

Report Stage Proceedings: 10th May 2006                  

517

 

Police and Justice Bill, continued

 
 

(4)    

The power to issue a warrant conferred by this section is in addition to

 

any such power otherwise conferred.

 

(5)    

This section does not prejudice any other power of entry, examination,

 

search or seizure.

 

(6)    

In this section—

 

‘premises’ means an address whose address has been notified by a relevant

 

offender under sections 83 to 85 of this Act.

 

‘the relevant force’ means the police force maintained for the area in which

 

the premises are situated.” ’.

 


 

Duty on sexual or violent offender to co-operate

 

Sir Paul Beresford

 

Mr Dominic Grieve

 

Nick Herbert

 

Mr John Randall

 

Mr Humfrey Malins

 

Not called  NC10

 

To move the following Clause:—

 

After section 67 of the Criminal Justice and Court Services Act 2000 (c. 43)

 

insert—

 

“67A  

Duty on offender to co-operate

 

(1)    

A relevant sexual or violent offender shall co-operate with any

 

reasonable steps requested of him by the responsible authority.

 

(2)    

‘Reasonable steps’ shall:

 

(a)    

include, but not be restricted to, providing access to his home

 

address during a reasonable time of day to facilitate a risk

 

assessment by the responsible authority; and

 

(b)    

be restricted to steps necessary for them to discharge their

 

responsibility under section 67 of this Act to assess the risk posed

 

by the offender.

 

(3)    

A person who without reasonable excuse fails to comply with a

 

reasonable step requested by him under subsection (1) of this section

 

shall be liable upon summary conviction to imprisonment for a term not

 

exceeding six months or a fine not exceeding the statutory maximum or

 

both.

 

(4)    

In this section—

 

‘relevant sexual or violent offender’ has the meaning given by section 68;

 

‘responsible authority’ shall have the meaning given by section 67;

 

‘home address’ shall have the meaning given by section 83(7) of the Sexual

 

Offences Act 2003 (c. 42).” ’.

 



 
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