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Report Stage Proceedings: 22nd October 2007              

581

 

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

 

Added  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—


 
 

Report Stage Proceedings: 22nd October 2007              

582

 

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

 

Not selected  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.’.

 



 
 

Report Stage Proceedings: 22nd October 2007              

583

 

Serious Crime Bill [Lords] continued

 
 

Sharing of communications data

 

David Davis

 

Mr Dominic Grieve

 

James Brokenshire

 

Negatived on division  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

 

Not selected  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

 

Not selected  nc7

 

To move the following Clause:—


 
 

Report Stage Proceedings: 22nd October 2007              

584

 

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

 

Not called  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;


 
 

Report Stage Proceedings: 22nd October 2007              

585

 

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;


 
 

Report Stage Proceedings: 22nd October 2007              

586

 

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

 

Negatived on division  63

 

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

 

David Davis

 

Mr Dominic Grieve

 

James Brokenshire

 

Not called  75

 

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

 


 

Mr Jeremy Browne

 

Not called  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

 

Not called  64

 

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

 

David Davis

 

Mr Dominic Grieve

 

James Brokenshire

 

Not called  76

 

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

 

Mr Jeremy Browne

 

Not called  66

 

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

 

‘(c)    

it is informed by the Director of Public Prosecutions—


 
 

Report Stage Proceedings: 22nd October 2007              

587

 

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

 

Not called  77

 

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

 

proportionate’.

 

Mr Jeremy Browne

 

Not called  67

 

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

 


 

Mr Jeremy Browne

 

Not called  68

 

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

 

Mr Jeremy Browne

 

Not called  69

 

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

 

Mr Jeremy Browne

 

Not called  70

 

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

 


 

Mr Jeremy Browne

 

Not called  71

 

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

 

Mr Jeremy Browne

 

Not called  72

 

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

 


 

Mr Jeremy Browne

 

Not called  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’.


 
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