Notices of Amendments: 18th October 2007

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Review of Part 1

David Davis

Mr Dominic Grieve

James Brokenshire

nc7

To move the following Clause:—

‘(1)	The Secretary of State must appoint a person to review the operation of the

provisions of Part 1 of this Act and in particular the extent and nature of the use

of Serious Crime Prevention Orders during the period under review.

(2)	That person must carry out and report on his first review under this section no

later than 12 months from the date on which this Act is passed.

(3)	That person must carry out and report on a review under this section at least once

in every 12 month period ending with the anniversary of the date referred to in

subsection (2).

(4)	On the outcome of each review, that person must send a report of the outcome of

his review to the Secretary of State as soon as reasonably practicable after

completing the review and on receiving a copy of a report under this section must

lay a copy of it before Parliament.’.

Stop and Search Power

David Davis

Mr Dominic Grieve

James Brokenshire

nc8

To move the following Clause:—

‘(1)	If a police officer of or above the rank of sergeant reasonably believes—

(a)	that incidents involving serious violence may take place in any locality

in his police area, and that it is expedient to give an authorisation under

this section to prevent their occurrence, or

(b)	that persons are carrying offensive weapons or dangerous instruments

without good reason in any locality in his police area,

he may give an authorisation that the powers conferred by this section are to be

exercisable at any place within that locality for a specified period not

exceeding—

(c)	6 hours in the case of an officer of the rank of sergeant; and

(d)	24 hours in the case of an officer of the rank of inspector or above.

(2)	If it appears to an officer of or above the rank of superintendent that it is expedient

to do so, having regard to—

(a)	the need to prevent injury or loss of life;

(b)	offences which have, or are reasonably suspected to have, been

committed in connection with any activity falling within the

authorisation; and

(c)	all relevant information giving rise to the belief of the relevant police

officer specified in subsection (1),

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he may direct that the specified period during which the authorisation conferred

under subsection (1) shall be extended to a period not exceeding a maximum of

48 hours.

(3)	If a police officer gives an authorisation under subsection (1) he must, as soon as

it is practicable to do so, cause an officer of or above the rank of superintendent

to be informed.

(4)	This section confers on any constable in uniform power—

(a)	to stop any pedestrian and search him or anything carried by him for

offensive weapons or dangerous instruments;

(b)	to stop any vehicle and search the vehicle, its driver and any passenger

for offensive weapons or dangerous instruments.

(5)	A constable may, in the exercise of the powers conferred by subsection (4) stop

any person or vehicle and make any search he thinks fit whether or not he has any

grounds for suspecting that the person or vehicle is carrying weapons or articles

of that kind.

(6)	If, in the course of a search under this section, a constable discovers a dangerous

instrument or an article which he has reasonable grounds for suspecting to be an

offensive weapon, he may seize it.

(7)	A person who fails to stop, or to stop a vehicle, when required to do so by a

constable in the exercise of his powers under this section shall be liable on

summary conviction to imprisonment for a term not exceeding one month or to a

fine not exceeding level 3 on the standard scale or both.

(8)	Any authorisation under this section shall—

(a)	be given in writing signed by the officer giving it or, where that is not

practicable, recorded in writing as soon as it is practicable to do so, and

(b)

specify—

(i)	the grounds on which it is given,

(ii)	the period during which the powers conferred by this section are

exercisable, and

(iii)

the locality in which the powers conferred by this section are

exercisable.

(9)	The provisions of this section, so far as they relate to an authorisation by a

member of the British Transport Police (including one who for the time being has

the same powers and privileges as a member of a police force for a police area),

shall have effect as if the references to a locality in his police area were references

to any locality in or in the vicinity of any policed premises, or to the whole or any

part of any such premises.

(10)	Where a vehicle is stopped by a constable under this section, the driver shall be

entitled to obtain a written statement that the vehicle was stopped under the

powers conferred by this section if he applies for such a statement not later than

the end of the period of 12 months from the day on which the vehicle was stopped.

(11)	A person who is searched by a constable under this section shall be entitled to

obtain a written statement that he was searched under the powers conferred by

this section if he applies for such a statement not later than the end of the period

of 12 months from the day on which he was searched.

(12)	Where a constable has carried out a search in the exercise of the power under

subsection (4) he shall make a record of it in writing unless it is not practicable to

do so in which case he shall make such written record as soon as practicable after

the completion of the search.

(13)	Section 60 of the Criminal Justice and Public Order Act 1994 is hereby repealed.

(14)	In this section—

“British Transport Police Force” means the constables appointed under

section 53 of the British Transport Commission Act 1949;

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“dangerous instruments” means instruments which have a blade or are

sharply pointed;

“locality” means any place or area which at the time the authorisation under

this section is given the public or any section of the public has access, on

payment or otherwise, as of right or by virtue of express or implied

permission or any other place to which people have ready access which

is not a dwelling;

“offensive weapon” has the meaning given by section 1(9) of the Police and

Criminal Evidence Act 1984 or, in relation to Scotland, section 47(4) of

the Criminal Law (Consolidation) (Scotland) Act 1995; and

“policed premises”, in relation to England and Wales, has the meaning

given by section 53(3) of the British Transport Commission Act 1949

and, in relation to Scotland, means those places where members of the

British Transport Police Force have the powers, protection and privileges

of a constable under section 53(4)(a) of that Act (as it relates to Scotland).

(15)	For the purposes of this section, a person carries a dangerous instrument or an

offensive weapon if he has it in his possession.

(16)	The powers conferred by this section are in addition to and not in derogation of,

any power otherwise conferred.’.

Mr Jeremy Browne

63

Page  1,  line  6  [Clause  1],  after ‘satisfied’, insert ‘beyond reasonable doubt’.

David Davis

Mr Dominic Grieve

James Brokenshire

75

Page  1,  line  6  [Clause  1],  after ‘satisfied’, insert ‘so that it is sure’.

Mr Jeremy Browne

65

Page  2,  line  3  [Clause  1],  at end insert—

‘(c)	it is informed by the Director of Public Prosecutions—

(i)	that there is no reasonable prospect of a successful prosecution

of the individual in respect of the involvement in serious crime

in question, or

(ii)	that such a prosecution would not be in the public interest.’.

Mr Jeremy Browne

64

Page  2,  line  5  [Clause  1],  after ‘satisfied’, insert ‘beyond reasonable doubt’.

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David Davis

Mr Dominic Grieve

James Brokenshire

76

Page  2,  line  5  [Clause  1],  after ‘satisfied’, insert ‘so that it is sure’.

Mr Jeremy Browne

66

Page  2,  line  9  [Clause  1],  at end insert—

‘(c)	it is informed by the Director of Public Prosecutions—

(i)	that there is no reasonable prospect of a successful prosecution

of the individual in respect of the involvement in serious crime

in question, or

(ii)	that such a prosecution would not be in the public interest.’.

David Davis

Mr Dominic Grieve

James Brokenshire

77

Page  2,  line  13  [Clause  1],  leave out ‘appropriate’ and insert ‘necessary and

proportionate’.

Mr Jeremy Browne

67

Page  2,  line  38  [Clause  2],  leave out from ‘1’ to end of line 41.

Mr Jeremy Browne

68

Page  3  [Clause  2],  leave out line 20.

Mr Jeremy Browne

69

Page  3,  line  23  [Clause  2],  leave out from ‘Wales’ to end of line 27.

Mr Jeremy Browne

70

Page  3,  line  47  [Clause  3],  leave out from ‘1’ to end of line 3 on page 4.

Mr Jeremy Browne

71

Page  4  [Clause  3],  leave out line 27.

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Mr Jeremy Browne

72

Page  4,  line  30  [Clause  3],  leave out from ‘Ireland’ to end of line 34.

Mr Jeremy Browne

73

Page  5,  line  5  [Clause  4],  leave out from ‘must’ to end of line 9 and insert

‘determine that the defendant acted unreasonably in the circumstances’.

Mr Jeremy Browne

74

Page  5,  line  13  [Clause  4],  leave out from ‘must’ to end of line 17 and insert

‘determine that the defendant acted unreasonably in the circumstances’.

David Davis

Mr Dominic Grieve

James Brokenshire

78

Page  12,  line  34  [Clause  19],  leave out ‘appropriate’ and insert ‘necessary and

proportionate’.

Secretary Jacqui Smith

1

Page  14,  line  41  [Clause  23],  before ‘not’, insert ‘to discharge or’.

Secretary Jacqui Smith

2

Page  15,  line  18  [Clause  24],  leave out from beginning to ‘lies’ and insert ‘Subject

to subsection (4), an appeal under subsection (1) or (2)’.

Secretary Jacqui Smith

3

Page  15,  line  18  [Clause  24],  at end add—

‘(4)	An appeal under subsection (1) or (2) lies without the leave of the Court of Appeal

if the judge who made the decision grants a certificate that the decision is fit for

appeal under this section.

(5)	Subject to any rules of court made under section 53(1) of the Senior Courts Act

1981 (c. 54) (distribution of business between civil and criminal divisions), the

criminal division of the Court of Appeal is the division which is to exercise

jurisdiction in relation to an appeal under subsection (1) or (2) from a decision of

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the Crown Court in the exercise of its jurisdiction in England and Wales under

this Part.

(6)	An appeal against a decision of the Court of Appeal on an appeal to that court

under subsection (1) or (2) may be made to the Supreme Court by any person who

was a party to the proceedings before the Court of Appeal.

(7)	An appeal under subsection (6) lies only with the leave of the Court of Appeal or

the Supreme Court.

(8)	Such leave must not be granted unless—

(a)	it is certified by the Court of Appeal that a point of law of general public

importance is involved in the decision; and

(b)	it appears to the Court of Appeal or (as the case may be) the Supreme

Court that the point is one which ought to be considered by the Supreme

Court.

(9)	The Secretary of State may for the purposes of this section by order make

provision corresponding (subject to any specified modifications) to that made by

or under an enactment and relating to—

(a)	appeals to the Court of Appeal under Part 1 of—

(i)	the Criminal Appeal Act 1968 (c. 19); or

(ii)	the Criminal Appeal (Northern Ireland) Act 1980 (c. 47);

(b)	appeals from any decision of the Court of Appeal on appeals falling

within paragraph (a); or

(c)	any matter connected with or arising out of appeals falling within

paragraph (a) or (b).

(10)	An order under subsection (9) may, in particular, make provision about the

payment of costs.

(11)	The power to make an appeal to the Court of Appeal under subsection (1)(a)

operates instead of any power for the person who is the subject of the order to

make an appeal against a decision of the Crown Court in relation to a serious

crime prevention order by virtue of—

(a)	section 9 or 10 of the Criminal Appeal Act 1968 (c. 19); or

(b)	section 8 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47).

(12)	Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from

criminal division of the Court of Appeal: England and Wales) does not prevent

an appeal to the Supreme Court under subsection (6) above.’.

Secretary Jacqui Smith

4

Page  16,  line  43  [Clause  27],  leave out ‘Secretary of State’ and insert ‘appropriate

Minister’.

Secretary Jacqui Smith

5

Page  16,  line  44  [Clause  27],  leave out ‘he’ and insert ‘that person’.

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Secretary Jacqui Smith

6

Page  17,  line  23  [Clause  27],  at beginning insert—

‘“appropriate Minister” means—

(a)	in relation to a relevant body falling within paragraphs (a) to (c)

of the definition of “relevant body” below, the Treasury; and

(b)	in relation to any other relevant body, the Secretary of State;’.

Secretary Jacqui Smith

7

Page  17,  line  32  [Clause  27],  after ‘registered;’, insert—

‘“partnership” does not include a relevant body;’.

Secretary Jacqui Smith

8

Page  17,  line  38  [Clause  27],  after ‘society;’, insert—

‘(ca)

a limited liability partnership;’.

Secretary Jacqui Smith

9

Page  18,  line  28  [Clause  28],  leave out ‘Secretary of State’ and insert ‘appropriate

Minister’.

Secretary Jacqui Smith

10

Page  18,  line  29  [Clause  28],  leave out ‘he’ and insert ‘that person’.

Secretary Jacqui Smith

84

Page  19,  line  5  [Clause  28],  at beginning insert—

‘“appropriate Minister” means—

(c)	in relation to a relevant body falling within paragraph (a) or (b)

of the definition of “relevant body” below, the Treasury; and

(d)	in relation to any other relevant body, the Secretary of State;’.

Secretary Jacqui Smith

12

Page  19,  line  16  [Clause  28],  after ‘registered;’, insert—

‘“partnership” does not include a relevant body;’.

---

Revised 19 October 2007