Notices of Amendments: 12 February 2009

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“respondent” means the person in respect of whom an application for an

injunction is made or (as the context requires) the person against whom

such an injunction is granted;

“review hearing” has the meaning given by section [Contents of injunctions:

supplemental](4);

“specify”, in relation to an injunction, means specify in the injunction;

“violence” includes violence against property.

(2)	Any reference in this Part to an injunction under this Part includes a reference to

an interim injunction.’.

Mr Vernon Coaker

NS2

To move the following Schedule:—

‘Injunctions: Powers to Remand

Introductory

1    (1)

The provisions of this Schedule apply where the court has power to remand a

person under section [Arrest without warrant](5) or [Issue of warrant of

arrest](4).

(2)	In this Schedule, “the court” means the High Court or a county court and

includes—

(a)	in relation to the High Court, a judge of that court, and

(b)	in relation to a county court, a judge or district judge of that court.

Remand in custody or on bail

2    (1)

The court may—

(a)	remand the person in custody, that is, commit the person to custody to

be brought before the court at the end of the period of remand or at

such earlier time as the court may require, or

(b)	remand the person on bail.

(2)	The court may remand the person on bail—

(a)	by taking from the person a recognizance, with or without sureties,

conditioned as provided in paragraph 3, or

(b)	by fixing the amount of the recognizances with a view to their being

taken subsequently and, in the meantime, committing the person to

custody as mentioned in sub-paragraph (1)(a).

(3)	Where a person is brought before the court after remand, the court may further

remand the person.

3    (1)

Where a person is remanded on bail, the court may direct that the person’s

recognizance be conditioned for the person’s appearance—

(a)	before that court at the end of the period of remand, or

(b)	at every time and place to which during the course of the proceedings

the hearing may from time to time be adjourned.

(2)	Where a recognizance is conditioned for a person's appearance as mentioned

in sub-paragraph (1)(b), the fixing of any time for the person next to appear is

to be treated as a remand.

(3)	Nothing in this paragraph affects the power of the court at any subsequent

hearing to remand the person afresh.

4    (1)

The court may not remand a person for a period exceeding 8 clear days

unless—

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Policing and Crime Bill, continued

(a)	the person is remanded on bail, and

(b)	both that person and the person who applied for the injunction consent

to a longer period.

(2)	Where the court has power to remand a person in custody it may, if the remand

is for a period not exceeding 3 clear days, commit the person to the custody of

a constable.

Further remand

5    (1)

If the court is satisfied that a person who has been remanded is unable by

reason of illness or accident to appear or be brought before the court at the

expiration of the period of remand, the court may, in the absence of the person,

further remand the person.

(2)	The power mentioned in sub-paragraph (1) may, in the case of a person who

was remanded on bail, be exercised by enlarging the person’s recognizance

and those of any sureties for the person to a later time.

(3)	Where a person remanded on bail is bound to appear before the court at any

time and the court has no power to remand the person under sub-paragraph (1),

the court may (in the person’s absence) enlarge the person’s recognizance and

those of any sureties for the person to a later time.

(4)	The enlargement of the person’s recognizance is to be treated as a further

remand.

(5)	Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers

conferred by this paragraph.

Postponement of taking recognizance

6	Where under paragraph 2(2)(b) the court fixes the amount in which the

principal and the sureties, if any, are to be bound, the recognizance may

afterwards be taken by such person as may be prescribed by rules of court, with

the same consequences as if it had been entered into before the court.

Requirements imposed on remand on bail

7	The court may when remanding a person on bail under this Schedule require

the person to comply, before release on bail or later, with such requirements as

appear to the court to be necessary to secure that the person does not interfere

with witnesses or otherwise obstruct the course of justice.’.

Mr David Ruffley

James Brokenshire

291

Clause  60,  page  78,  line  3,  leave out from ‘who’ to first ‘the’ in line 4 and insert

‘represents’.

Mr David Ruffley

James Brokenshire

292

Clause  60,  page  74,  line  26,  after ‘officer’, insert ‘or a chief officer of another

police force who has lead responsibility for security or serious and organised operations

under any police force collaboration agreement relating to the area in which the

aerodrome is situated’.

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Policing and Crime Bill, continued

Mr David Ruffley

James Brokenshire

293

Clause  60,  page  76,  line  26,  at end insert ‘or a chief officer of another police force

who has lead responsibility for security or serious and organised operations under any

police force collaboration agreement relating to the area in which the aerodrome is

situated’.

Mr David Ruffley

James Brokenshire

294

Clause  60,  page  78,  line  33,  at end insert ‘provided that such agreement required of

any individual shall not be unreasonably withheld’.

Mr David Ruffley

James Brokenshire

295

Clause  60,  page  78,  line  35,  at end insert ‘provided that such agreement required of

any individual shall not be unreasonably withheld’.

Mr David Ruffley

James Brokenshire

296

Clause  60,  page  82,  line  3,  leave out ‘thinks’ and insert ‘reasonably believes’.

Mr David Ruffley

James Brokenshire

297

Clause  60,  page  82,  line  15,  at end insert ‘provided that the Secretary of State

believes that the amount of such payment in respect of costs is reasonable and

proportionate having regard to all the relevant circumstances.’.

Mr David Ruffley

James Brokenshire

298

Clause  60,  page  83,  line  27,  at end insert ‘provided that the Secretary of State

believes that the amount of such payment in respect of costs is reasonable and

proportionate having regard to all the relevant circumstances.’.

Mr Vernon Coaker

299

Clause  60,  page  80,  line  24,  after ‘to (6)’ insert ‘or (8)’.

Mr Vernon Coaker

300

Clause  60,  page  83,  line  27,  at end insert—

‘(4A)

Subsection (4)(a) does not apply in relation to security measures taken by the

chief officer of police for the relevant police area.’.

Mr Vernon Coaker

301

Clause  60,  page  84,  line  7,  leave out ‘modifications specified in the order’ and

insert ‘specified modifications’.

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Policing and Crime Bill, continued

Mr Vernon Coaker

302

Clause  60,  page  84,  line  18,  at end insert—

‘“dispute about security planning for an aerodrome”, “dispute about the

contents of an aeordrome security plan” and “dispute about the

implementation of an aerodrome security plan” have the meanings given

by section 24AM(2) to (4);’.

Mr Vernon Coaker

303

Schedule  5,  page  134,  line  35,  at end insert—

‘10A	Omit section 30 (supplementary orders).’.

Mr Vernon Coaker

304

Schedule  5,  page  134,  line  41,  at end insert—

‘(ba)

before the definition of “immigration officer” insert—

‘“dispute about the policing of a relevant aerodrome” has the meaning given

by section 29A(2);”,’.

Mr Vernon Coaker

305

Schedule  5,  page  136,  line  24,  at end insert—

‘14(1)

The repeal of section 30 of the 1982 Act by paragraph 10A of this Schedule

does not affect—

(a)	the validity of an order made under that section (“a section 30 order”)

before commencement, or

(b)	the operation of subsections (4) and (5) of that section in relation to

such an order.

(2)	In relation to any time on or after commencement, any reference in a provision

of a section 30 order to a designated airport is (if that provision is capable of

having continuing effect) to be read as a reference to a relevant aerodrome.

(3)	In this paragraph “commencement” and “the 1982 Act” have the same

meanings as in paragraph 13.’.

Mr Vernon Coaker

306

Schedule  7,  page  151,  line  35,  at end insert—

‘Section 30.’.

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Revised 13 February 2009