House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

65

House of Commons

Thursday 5 February 2009

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Policing and Crime Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [27 January].

Mr Vernon Coaker

3

Clause  7,  page  9,  line  35,  leave out ‘(“the authorising force”)’.

Mr Vernon Coaker

4

Clause  7,  page  10,  line  9,  at end insert—

‘(3DA)
Subsection (3DB) applies if—

(a)
a person is the designated person by reference to an office, rank or

position with a Scottish police force; and

(b)
the chief constable of that force has made an agreement under section

12(1) of the Police (Scotland) Act 1967 with the chief constable of one

or more other Scottish police forces.

(3DB)
The designated person may grant an authorisation for persons holding offices,

ranks or positions with a collaborative force to engage in any conduct to which

this Chapter applies.

(3DC)
For the purposes of subsection (3DB) a Scottish police force is a collaborative

force if—

(a)
its chief constable is a party to the agreement mentioned in subsection

(3DA)(b); and

(b)
the persons holding offices, ranks or positions with it are permitted by the

terms of the agreement to be granted authorisations by the designated

person.

Public Bill Committee: 5 February 2009
66

Policing and Crime Bill, continued

(3DD)
A reference in subsections (3DA) to (3DC) to a Scottish police force is to a police

force maintained under or by virtue of section 1 of the Police (Scotland) Act

1967.’.

Mr Vernon Coaker

5

Clause  7,  page  10,  line  10,  leave out ‘Subsection (3B) is’ and insert ‘Subsections

(3B) and (3DB) are’.

Mr Vernon Coaker

6

Clause  7,  page  10,  line  12,  leave out ‘subsection (3A)’ and insert ‘subsections (3A)

and (3D)’.

Mr Vernon Coaker

7

Clause  7,  page  10,  line  37,  after ‘force.’ insert—

‘(3D)
The provisions of a notice under section 22(4) may also specify or otherwise

identify a person for the purposes of subsection (3)(b) above if—

(a)
the person giving the notice holds an office, rank or position with a

Scottish police force (“Scottish notifying force”);

(b)
the chief constable of the Scottish notifying force has made an agreement

under section 12(1) of the Police (Scotland) Act 1967 with the chief

constable of one or more other Scottish police forces; and

(c)
the person specified in or otherwise identified in the notice holds an

office, rank or position with a collaborative force.

(3E)
For the purposes of subsection (3D) a Scottish police force is a collaborative force

if—

(a)
its chief constable is a party to the agreement mentioned in subsection

(3D)(b); and

(b)
the persons holding offices, ranks or positions with it are permitted by the

terms of the agreement to be specified or otherwise identified in notices

under section 22(4) given by a person holding an office, rank or position

with the Scottish notifying force.

(3F)
A reference in subsections (3D) and (3E) to a Scottish police force is to a police

force maintained under or by virtue of section 1 of the Police (Scotland) Act

1967.’.

Mr Vernon Coaker

8

Clause  8,  page  10,  line  41,  leave out ‘subsection (1ZB)’ and insert ‘subsections

(1ZB) and (1ZE)’.

Mr Vernon Coaker

9

Clause  8,  page  11,  line  15,  after ‘force.’ insert—

‘(1ZD)
Subsection (1ZE) applies if the chief constable of a Scottish police force (“the

Scottish authorising force”) has made an agreement under section 12(1) of the

Police (Scotland) Act 1967 with the chief constable of one or more other Scottish

police forces.

Public Bill Committee: 5 February 2009
67

Policing and Crime Bill, continued

(1ZE)
A person who is a designated person for the purposes of section 28 or 29 by

reference to an office, rank or position with the Scottish authorising force may

grant an authorisation under that section on an application made by a member of

a collaborative force (subject to subsection (1ZF)).

(1ZF)
The person may grant the authorisation only if section 28(3)(a) or (c) or 29(3)(a)

or (c) applies to it.

(1ZG)
For the purposes of subsection (1ZE) a Scottish police force is a collaborative

force if—

(a)
its chief constable is a party to the agreement mentioned in subsection

(1ZD); and

(b)
its members are permitted by the terms of the agreement to make

applications for authorisations under section 28 or 29 to a person who is

a designated person for the purposes of that section by reference to an

office, rank or position with the Scottish authorising force.’.

Mr Vernon Coaker

10

Clause  8,  page  11,  line  16,  leave out ‘subsection (3ZB)’ and insert ‘subsections

(3ZB) and (3ZE)’.

Mr Vernon Coaker

11

Clause  8,  page  11,  line  36,  leave out ‘subsection (3ZB)’ and insert ‘subsections

(3ZA) and (3ZB)’.

Mr Vernon Coaker

12

Clause  8,  page  11,  line  43,  after ‘force.’ insert—

‘(3ZD)
Subsection (3ZE) applies if—

(a)
the chief constable of a Scottish police force (“the Scottish surveillance

authorising force”) has made an agreement under section 12(1) of the

Police (Scotland) Act 1967 with the chief constable of one or more other

Scottish police forces; and

(b)
an application for an authorisation for the carrying out of intrusive

surveillance is made by a member of a collaborative force.

(3ZE)
A person who is a senior authorising officer by reference to the Scottish

surveillance authorising force may—

(a)
grant the authorisation (subject to subsection (3ZF));

(b)
in a case where the authorisation is for the carrying out of intrusive

surveillance in relation to any residential premises, grant the

authorisation only in relation to premises in the area which is—

(i)
the area of operation of a collaborative force; and

(ii)
specified in relation to members of that force in the agreement

mentioned in subsection (3ZD).

(3ZF)
The person may grant the authorisation only if section 32(3)(a) or (c) applies to it.

(3ZG)
For the purposes of subsections (3ZD) and (3ZE) a Scottish police force is a

collaborative force if—

(a)
its chief constable is a party to the agreement mentioned in subsection

(3ZD); and

(b)
its members are permitted by the terms of the agreement to make

applications for authorisations for the carrying out of intrusive

surveillance to a person who is a senior authorising officer by reference

to the Scottish surveillance authorising force.’.

Public Bill Committee: 5 February 2009
68

Policing and Crime Bill, continued

Mr Vernon Coaker

13

Clause  8,  page  12,  line  4,  after ‘force.’ insert—

‘(5B)
In subsections (1ZD) to (1ZG) and (3ZD) to (3ZG) a reference to a Scottish police

force is to a police force maintained under or by virtue of section 1 of the Police

(Scotland) Act 1967.’.

Paul Holmes

65

Page  13,  line  9,  leave out Clause 11.

Paul Holmes

66

Page  13,  line  18,  leave out Clause 12.

Dr Evan Harris

Paul Holmes

81

Clause  13,  page  13,  line  27,  leave out ‘for gain’.

Dr Evan Harris

Paul Holmes

79

Clause  13,  page  13,  line  29,  after ‘A’, insert ‘intentionally’.

James Brokenshire

Mr David Ruffley

27

Clause  13,  page  13,  line  30,  after ‘(B)’, insert ‘, or knows that another person has

made or promised payment for such sexual services,’.

James Brokenshire

Mr David Ruffley

28

Clause  13,  page  13,  line  31,  leave out paragraph (b) and insert—

‘(b)
any of B’s activities relating to the provision of those services are

procured by a third person through the use of or threat of the use of force

or coercion or B has been the subject of trafficking arrangements by a

third person which would constitute an offence by such third person

under section 57 (trafficking into the UK for sexual exploitation), section

58 (trafficking within the UK for sexual exploitation) or section 59

(trafficking out of the UK for sexual exploitation) which together shall

mean “controlled” for the purposes of this section, and

(c)
either—

Public Bill Committee: 5 February 2009
69

Policing and Crime Bill, continued

(i)
A does not reasonably believe that any of B’s activities relating

to the provision of those services are controlled, or

(ii)
A is reckless as to whether any of B’s activities relating to the

provision of those services are controlled.’.

Dr Evan Harris

Paul Holmes

67

Clause  13,  page  13,  line  31,  before ‘any’, insert ‘A knows or is reckless as to

whether’.

Dr Evan Harris

Paul Holmes

82

Clause  13,  page  13,  line  32,  leave out ‘for gain’.

Dr Evan Harris

Paul Holmes

83

Clause  13,  page  13,  line  32,  at end insert ‘, and

(c)
A knows, or is reckless as to whether, any of B’s activities relating to the

provision of those services are intentionally controlled by a third

person.’.

Dr Evan Harris

Paul Holmes

68

Clause  13,  page  13,  line  33,  leave out subsection (2).

James Brokenshire

Mr David Ruffley

29

Clause  13,  page  13,  line  36,  leave out paragraph (b).

Dr Evan Harris

Paul Holmes

84

Clause  13,  page  13,  leave out lines 36 and 37 and insert—

‘(b)
whether A is aware of the identity of C.’.

James Brokenshire

Mr David Ruffley

30

Clause  13,  page  14,  line  1,  leave out subsection (3).

Dr Evan Harris

Paul Holmes

85

Clause  13,  page  14,  leave out lines 1 and 2 and insert—

‘(3)
An activity is “controlled” by a third person (C) if—

(a)
B participates in the activity because of the use or threat against B or

another person of one or more of—

(i)
violence,

Public Bill Committee: 5 February 2009
70

Policing and Crime Bill, continued

(ii)
blackmail,

(iii)
unlawful detention, or

(iv)
other reprisal;

(b)
C intentionally exercises control over the activity; and

(c)
C is aware, or ought to be aware, of a relevant circumstance in paragraph

(a) above.’.

Dr Evan Harris

Paul Holmes

80

Clause  13,  page  14,  leave out lines 1 to 4 and insert—

‘(3)
An activity of B is controlled by a third person (C) if—

(a)
C’s behaviour in relation to that activity involves—

(i)
compulsion, coercion, intimidation or force directed against B or

any other person, or

(ii)
regular instruction or direction, or

(b)
if B reasonably believes that C’s behaviour includes that described in

paragraph (a).

(4)
A person guilty of an offence under this section is liable—

(a)
on summary conviction to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum, or both;

(b)
on conviction on indictment to imprisonment for a term not exceeding 3

years.’.

James Brokenshire

Mr David Ruffley

31

Clause  14,  page  14,  line  11,  after ‘B’, insert ‘, or knows that another person has

made or promised payment for such sexual services,’.

James Brokenshire

Mr David Ruffley

32

Clause  14,  page  14,  line  12,  leave out paragraph (b) and insert—

‘(b)
any of B’s activities relating to the provision of those services are

procured by a third person through the use of or threat of the use of force

or coercion or B has been the subject of trafficking arrangements by a

third person which would constitute an offence by such third person

under section 57 (trafficking into the UK for sexual exploitation), section

58 (trafficking within the UK for sexual exploitation) or section 59

(trafficking out of the UK for sexual exploitation) which together shall

mean “controlled” for the purposes of this section, and

(c)
either—

(i)
A does not reasonably believe that any of B’s activities relating

to the provision of those services are controlled, or

(ii)
A is reckless as to whether any of B’s activities relating to the

provision of those services are controlled.’.

Public Bill Committee: 5 February 2009
71

Policing and Crime Bill, continued

James Brokenshire

Mr David Ruffley

33

Clause  14,  page  14,  line  17,  leave out paragraph (b).

James Brokenshire

Mr David Ruffley

34

Clause  14,  page  14,  line  19,  leave out subsection (3).

Dr Evan Harris

Paul Holmes

1

Clause  15,  page  14,  line  28,  after ‘person’, insert ‘aged 18 or over’.

James Brokenshire

Mr David Ruffley

19

Clause  15,  page  14,  line  29,  leave out paragraph (b).

James Brokenshire

Mr David Ruffley

20

Clause  15,  page  14,  line  31,  leave out paragraph (a).

James Brokenshire

Mr David Ruffley

Paul Holmes

Dr Evan Harris

21

Clause  15,  page  14,  line  37,  leave out subsection (4).

James Brokenshire

Mr David Ruffley

22

Clause  15,  page  14,  line  39,  leave out subsection (5).

James Brokenshire

Mr David Ruffley

23

Clause  16,  page  15,  line  6,  after ‘section’, insert ‘by making an order under section

177 of the Criminal Justice Act 2003 or’.

James Brokenshire

Mr David Ruffley

24

Clause  16,  page  15,  line  8,  at end insert ‘(such order requiring attendance at