|
| | |
|
| |
|
| |
| |
| Police and Justice Bill, As Amended
|
|
| |
| | Delegation of police authority functions |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (b) | make provision as to the membership or chairmanship of any |
|
| | committee or sub-committee discharging functions under such |
|
| | |
| | (c) | impose limitations or restrictions on which officers or members |
|
| | of a police authority may discharge functions under such |
|
| | |
| | (4B) | A statutory instrument containing regulations under subsection (4) shall |
|
| | be subject to annulment in pursuance of a resolution of either House of |
|
| | |
|
|
| |
| |
|
| | (4) | Subsection (6) (members of police authority committees must be authority |
|
| | |
| |
| | Supply of information to police etc by Registrar General |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘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 |
|
| | |
| | (a) | released without charge and on bail, or |
|
| | (b) | kept in police detention, |
|
| | |
| |
| | Protection of children: prohibition of police and conditional cautions |
|
| |
| | |
| 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) | 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 |
|
| |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
|
|
| |
| |
|
| | (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- |
|
| | |
| | (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 |
|
| | |
| | “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 |
|
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘After paragraph 29 of Schedule 3 to the Sexual Offences Act 2003 (c. 42) there |
|
| | |
| | “29A | An offence under sections 48 to 50 of this Act (abuse of children |
|
| | through prostitution and pornography) where the offender— |
|
| | |
| | (b) | is or has been sentenced in respect of the offences for a term |
|
| | of at least 12 months”.’. |
|
| |
|
|
| |
| |
|
| | |
| |
| |
| | |
| 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 |
|
| | |
| | (a) | enter the aircraft; or |
|
| | (b) | arrange for a police constable or an authorised officer of Revenue and |
|
| | Customs to enter the aircraft. |
|
| | |
| | (i) | A person who enters an aircraft under subsection (2) or (3) above shall |
|
| | |
| | (a) | whether the aircraft is being or has been used for an act of |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| |
|
|
| |
| |
|
| | Designation of part 2 territories: omission of United States of America |
|
| |
| |
| |
| |
| |
| |
| | 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 |
|
| | |
| |
| | Police powers of entry and examination of relevant offender’s home address |
|
| |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (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. |
|
|
|
| |
| |
|
| | (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, |
|
| | |
| | |
| | ‘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 |
|
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | After section 67 of the Criminal Justice and Court Services Act 2000 (c. 43) |
|
| | |
| | “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 |
|
| | |
| | (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 |
|
| | |
| | |
| | ‘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).” ’. |
|
| |
|