House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Consideration of Bill: 22nd October 2007
1851

Serious Crime Bill [Lords] continued

245G
Supervision of section 245E receiver and variations

(1)
Any of the following persons may at any time apply to the High Court for

directions as to the exercise of the functions of a receiver appointed under

section 245E—

(a)
the receiver,

(b)
any party to the proceedings for the appointment of the receiver

or the property freezing order concerned,

(c)
any person affected by any action taken by the receiver,

(d)
any person who may be affected by any action proposed to be

taken by the receiver.

(2)
Before giving any directions under subsection (1), the court must give an

opportunity to be heard to—

(a)
the receiver,

(b)
the parties to the proceedings for the appointment of the receiver

and for the property freezing order concerned,

(c)
any person who may be interested in the application under

subsection (1).

(3)
The court may at any time vary or set aside the appointment of a receiver

under section 245E, any order under section 245F or any directions under

this section.

(4)
Before exercising any power under subsection (3), the court must give an

opportunity to be heard to—

(a)
the receiver,

(b)
the parties to the proceedings for the appointment of the receiver,

for the order under section 245F or, as the case may be, for the

directions under this section;

(c)
the parties to the proceedings for the property freezing order

concerned,

(d)
any person who may be affected by the court’s decision.”

(2)
In sections 273(4)(b) and 277(7)(b) of that Act (recovery orders and consent

orders: recovery of costs of pension scheme trustees or managers) after

“enforcement authority,” insert “receiver appointed under section 245E,”.

(3)
In paragraph 1 of Schedule 10 to that Act (disapplication of special income tax

and capital gains tax rules for receivers), after paragraph (c), insert—

“(ca)
a receiver appointed under section 245E;”.’.

Incidents involving serious violence: powers to stop and search

Secretary Jacqui Smith

NC9

To move the following Clause:—

‘(1)
In section 60(1) of the Criminal Justice and Public Order Act 1994 (c. 33)

(powers to authorise stop and search if reasonable belief that there may be

incidents involving serious violence etc.), before the word “or” at the end of

paragraph (a), insert—

“(aa)
that—

Consideration of Bill: 22nd October 2007
1852

Serious Crime Bill [Lords] continued

(i)
an incident involving serious violence has taken place in

England and Wales in his police area;

(ii)
a dangerous instrument or offensive weapon used in the

incident is being carried in any locality in his police area

by a person; and

(iii)
it is expedient to give an authorisation under this section

to find the instrument or weapon;”.

(2)
In section 60(9) of that Act (authorisation must be in writing), at the beginning,

insert “Subject to subsection (9ZA),”.

(3)
After section 60(9) of that Act insert—

“(9ZA)
An authorisation under subsection (1)(aa) need not be given in writing

where it is not practicable to do so but any oral authorisation must state

the matters which would otherwise have to be specified under subsection

(9) and must be recorded in writing as soon as it is practicable to do so.”

(4)
In section 60(9A) of that Act (application to British Transport Police)—

(a)
after “place” insert “in England and Wales”; and

(b)
after “2003” insert “and as if the reference in subsection (1)(aa)(i) above

to his police area were a reference to any place falling within section

31(1)(a) to (f) of the Act of 2003”.

(5)
In section 60(11) of that Act (definitions), in the definition of “offensive

weapon”, after “1995” insert “; but in subsections (1)(aa), (4), (5) and (6) above

and subsection (11A) below includes, in the case of an incident of the kind

mentioned in subsection (1)(aa)(i) above, any article used in the incident to cause

or threaten injury to any person or otherwise to intimidate”.

(6)
In the heading to section 60 of that Act after “of” insert “, or after,”.’.

Renewal of orders

Mr Jeremy Browne

nc4

To move the following Clause:—

‘(1)
On the expiration of an order the court shall make a new order to the same or

similar effect if—

(a)
on the presentation by the applicant authority of new evidence not used

as the basis for the original order; and

(b)
after a review has been undertaken by the Director of Public Prosecutions

of the possibility of criminal prosecution;


the court has reasonable gounds to believe that the making of the order would

protect the public by preventing, restricting or disrupting involvement, by the

person who is the subject of the order, in serious crime in England and Wales.’.

Consideration of Bill: 22nd October 2007
1853

Serious Crime Bill [Lords] continued

Sharing of communications data

David Davis

Mr Dominic Grieve

James Brokenshire

nc5

To move the following Clause:—

‘In section 25(1) of the Regulation of Investigatory Powers Act 2000 (c.23)

(interpretation of Chapter II), for paragraph (g) substitute:—

“(g)
an ambulance service or fire authority;

(h)
the Health and Safety Executive;

(i)
the Serious Fraud Office;

(j)
any such other public authority not falling within paragraphs (a)

to (i) carrying out duties of a similar type or nature to those

public authorities identified in those paragraphs as may be

specified for the purposes of this subsection by an order made by

the Secretary of State.”.’.

Limitation of Part 1

David Davis

Mr Dominic Grieve

James Brokenshire

nc6

To move the following Clause:—

‘(1)
Part 1 of this Act shall expire at the end of the period of two years from the date

on which this Act is passed unless the Secretary of State shall make a renewal

order under subsection (2).

(2)
No renewal order may be made by the Secretary of State unless it has been laid

before and approved by a resolution of each House of Parliament.

(3)
A renewal order made under subsection (2) shall expire at the end of the period

of 12 months beginning with the day on which the order is made unless it is

renewed by a further order.

(4)
A failure to obtain a renewal order shall be regarded as a change of circumstances

under section 18(3) of this Act.’.

Review of Part 1

David Davis

Mr Dominic Grieve

James Brokenshire

nc7

To move the following Clause:—

Consideration of Bill: 22nd October 2007
1854

Serious Crime Bill [Lords] continued

‘(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),


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;

Consideration of Bill: 22nd October 2007
1855

Serious Crime Bill [Lords] continued

(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;

“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;

Consideration of Bill: 22nd October 2007
1856

Serious Crime Bill [Lords] continued

“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’.

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—

Consideration of Bill: 22nd October 2007
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Serious Crime Bill [Lords] continued

(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.

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’.