House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 5 February 2009
103

Policing and Crime Bill, continued

Mr Vernon Coaker

223

Clause  51,  page  64,  line  14,  after ‘otherwise).’ insert—

‘(3)
In a case where further proceedings in respect of the extradition are adjourned

under subsection (2)—

(a)
section 131 of the Magistrates’ Courts Act 1980 (remand of accused

already in custody) has effect as if a reference to 28 clear days in

subsection (1) or (2) of that section were a reference to six months;

(b)
Article 47(2) of the Magistrates’ Courts (Northern Ireland) Order 1981

(period of remand in custody) has effect as if a reference to 28 days in—

(i)
sub-paragraph (a)(iii), or

(ii)
the words after sub-paragraph (b),


were a reference to six months.’.

Mr Vernon Coaker

224

Clause  53,  page  66,  line  6,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Mr Vernon Coaker

225

Clause  53,  page  66,  line  11,  at end insert—

‘(c)
a duty to release the person under section 1, 1AA or 7(1) of the Prisoners

and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19

or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)
a duty to release the person under section 1 of the Northern Ireland

(Remission of Sentences) Act 1995, Article 26 of the Criminal Justice

(Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal

Justice (Northern Ireland) Order 2008.’.

Mr Vernon Coaker

226

Clause  54,  page  67,  line  8,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Mr Vernon Coaker

227

Clause  54,  page  67,  line  13,  at end insert—

‘(c)
a duty to release the person under section 1, 1AA or 7(1) of the Prisoners

and Criminal Proceedings (Scotland) Act 1993 or section 5, 11(2), 13, 19

or 23 of the Custodial Sentences and Weapons (Scotland) Act 2007, or

(d)
a duty to release the person under section 1 of the Northern Ireland

(Remission of Sentences) Act 1995, Article 26 of the Criminal Justice

(Northern Ireland) Order 1996 or Article 17 or 18(8) of the Criminal

Justice (Northern Ireland) Order 2008.’.

Mr Vernon Coaker

228

Clause  55,  page  69,  line  3,  leave out ‘or section 28 of the Crime (Sentences) Act

1997’.

Notices of Amendments: 5 February 2009
104

Policing and Crime Bill, continued

Mr Vernon Coaker

229

Clause  55,  page  69,  line  8,  at end insert—

‘(iii)
a duty to release the person under section 1, 1AA or 7(1) of the

Prisoners and Criminal Proceedings (Scotland) Act 1993 or

section 5, 11(2), 13, 19 or 23 of the Custodial Sentences and

Weapons (Scotland) Act 2007, or

(iv)
a duty to release the person under section 1 of the Northern

Ireland (Remission of Sentences) Act 1995, Article 26 of the

Criminal Justice (Northern Ireland) Order 1996 or Article 17 or

18(8) of the Criminal Justice (Northern Ireland) Order 2008;’.

Mr Vernon Coaker

230

Clause  58,  page  71,  leave out lines 18 and 19 and insert—

‘(2)
For subsections (2) and (3) substitute—

“(2)
The person must be brought before the appropriate judge within 48 hours

starting with the time when the person is arrested.

(2A)
The documents specified in subsection (4) must be produced to the judge

within 48 hours starting with the time when the person is arrested but this

is subject to any extension under subsection (3B).

(2B)
Subsection (3) applies if—

(a)
the person has been brought before the judge in compliance with

subsection (2); but

(b)
documents have not been produced to the judge in compliance

with subsection (2A).

(3)
The person must be brought before the judge when the documents are

produced to the judge.”’.

Mr Vernon Coaker

231

Clause  58,  page  71,  line  20,  at beginning insert ‘While the person is before the

judge in pursuance of subsection (2),’.

Mr Vernon Coaker

232

Clause  58,  page  71,  line  21,  leave out ‘(3)’ and insert ‘(2A)’.

Mr Vernon Coaker

233

Clause  58,  page  71,  line  24,  leave out ‘(2)’ and insert ‘(2A)’.

Mr Vernon Coaker

234

Clause  58,  page  71,  line  28,  leave out subsection (3D).

Mr Vernon Coaker

235

Clause  58,  page  71,  line  31,  at end insert—

‘(3A)
After subsection (5) insert—

Notices of Amendments: 5 February 2009
105

Policing and Crime Bill, continued

“(5A)
Subsection (5B) applies if—

(a)
the person is before the judge in pursuance of subsection (2); and

(b)
the documents specified in subsection (4) have not been

produced to the judge.

(5B)
The judge must remand the person in custody or on bail (subject to

subsection (6)).”

(3B)
In subsection (6) after “subsection (2)” insert “, (2A) or (3)”.’.

Mr Vernon Coaker

236

Clause  58,  page  71,  line  32,  leave out subsection (4).

Mr Vernon Coaker

237

Clause  58,  page  71,  line  33,  at end insert—

‘(5)
After subsection (8) insert—

“(8A)
In calculating a period of 48 hours for the purposes of this section no

account is to be taken of—

(a)
any Saturday or Sunday;

(b)
Christmas Day;

(c)
Good Friday; or

(d)
any day falling within subsection (8B).

(8B)
The following days fall within this subsection—

(a)
in Scotland, any day prescribed under section 8(2) of the

Criminal Procedure (Scotland) Act 1995 as a court holiday in the

court of the appropriate judge;

(b)
in any part of the United Kingdom, any day that is a bank holiday

under the Banking and Financial Dealings Act 1971 in that part

of the United Kingdom.”’.

Mr Vernon Coaker

238

Clause  58,  page  71,  line  33,  at end insert—

‘(6)
In section 7(1)(b) of the Extradition Act 2003 (application of provisions for

verifying the identity of the person arrested) for “is arrested under section 5 and

section 6(2)” substitute “arrested under section 5 is brought before the appropriate

judge under section 6 and section 6(2A)”.’.

Mr Vernon Coaker

239

Schedule  6,  page  142,  line  26,  at end insert—


‘In section 85 (proceedings: England and Wales) for subsection (7)

substitute—

“(7)
Any power to extend the time for giving notice of application for leave

to appeal, or for applying for leave to appeal, must be ignored for the

purposes of subsection (6).”


In section 87(2) (definition of confiscation order subject to appeal: England

and Wales) omit the words from “; and for” to the end.


After section 87 insert—

Notices of Amendments: 5 February 2009
106

Policing and Crime Bill, continued

“87A
No further possibility of appeal

(1)
The following rule applies for the purposes of construing any

provision of this Part which refers to there being no further possibility

of—

(a)
an appeal against a decision of a court, or

(b)
an appeal on which an order of a court could be varied or

quashed.

(2)
Any power to extend the time for giving notice of application for leave

to appeal, or for applying for leave to appeal, must be ignored.”’.

Mr Vernon Coaker

240

Schedule  6,  page  142,  line  26,  at end insert—


‘In section 153(2) (definition of confiscation order subject to appeal: Scotland)

omit the words from “; and for” to the end.


After section 153 insert—

“153A
No further possibility of appeal

(1)
The following rule applies for the purposes of construing any

provision of this Part which refers to there being no further possibility

of—

(a)
an appeal against (or review of) a decision of a court, or

(b)
an appeal on which an order of a court could be varied or

quashed.

(2)
Any power—

(a)
to allow an appeal (or review) out of time, or

(b)
to extend the time for applying for leave to appeal,


must be ignored.”’.

Mr Vernon Coaker

241

Schedule  6,  page  142,  line  26,  at end insert—


‘In section 233 (proceedings: Northern Ireland) for subsection (7) substitute—

“(7)
Any power to extend the time for giving notice of application for leave

to appeal, or for applying for leave to appeal, must be ignored for the

purposes of subsection (6).”


In section 235(2) (definition of confiscation order subject to appeal: Northern

Ireland) omit the words from “; and for” to the end.


After section 235 insert—

“235A
No further possibility of appeal

(1)
The following rule applies for the purposes of construing any

provision of this Part which refers to there being no further possibility

of—

(a)
an appeal against a decision of a court, or

(b)
an appeal on which an order of a court could be varied or

quashed.

(2)
Any power to extend the time for giving notice of application for leave

to appeal, or for applying for leave to appeal, must be ignored.”’.

Notices of Amendments: 5 February 2009
107

Policing and Crime Bill, continued

Permitted temporary activities

Paul Holmes

Dr Evan Harris

NC8

To move the following Clause:—

‘Schedule 4A (which makes provision about permitted temporary activities) has

effect.’.

Paul Holmes

Dr Evan Harris

NS1

To move the following Schedule:—

‘schedule 4A

permitted temporary activities

1
Part 5 of the Licensing Act 2003 (permitted temporary activities) has effect

subject to the following amendments.

2
In the cross-heading before section 104 (objection to notice by police) omit

“Police”.

3
In section 104(2) omit “(an ‘objection notice’)”.

4
After section 104 (Police objections) insert—

“104A
Objection to notice by local authority officers

(1)
Where an officer of a local authority which, in its capacity as a

licensing authority, receives a temporary event notice under this Part

is satisfied that allowing the premises to be used in accordance with

the notice would undermine any of the four licensing objectives, he

may give a notice stating the reasons why he is so satisfied—

(a)
to the relevant licensing authority, and

(b)
to the premises user.

(2)
The objection notice must be given no later than two clear working

days after the licensing authority receives the temporary event notice

under this Part.

(3)
Subsection (2) does not apply at any time after the relevant licensing

authority has received a copy of a counter notice under section 107 in

respect of the temporary event notice.

104B
Objection to notice by members of licensing authority

(1)
Where an elected member of a licensing authority which receives a

temporary event notice under this Part is satisfied that allowing the

premises to be used in accordance with the notice would undermine

any of the licensing objectives, he may give a notice stating the

reasons why he is so satisfied—

(a)
to the relevant licensing authority, and

(b)
to the premises user.

(2)
The objection notice must be given no later than two clear working

days after the licensing authority receives the temporary event notice

under this Part.

Notices of Amendments: 5 February 2009
108

Policing and Crime Bill, continued

(3)
Subsection (2) does not apply at any time after the relevant licensing

authority has received a copy of a counter notice under section 107 in

respect of the temporary event notice.”.

5
In the heading of section 105 (Counter notice following police objection) omit

“police”.

6
In section 105—

(a)
in subsection (2)(a) for “the chief officer of police who gave the

objection notice” substitute “all persons who gave an objection

notice”;

(b)
in subsection (2)(b) for “the crime prevention objective” substitute

“the licensing objective in question”;

(c)
for subsection (7) substitute—

“(7)
In this section—

‘objection notice’ means a notice served by—

(a)
a chief officer of police under section 104(2),

(b)
an officer of a local authority under section 104A(1),

(c)
an elected member of a licensing authority under

section 104B(1),


“relevant chief officer of police” has the same meaning as in

section 104.”.

7
In the heading of section 106 (Modification of notice following police

objection) omit “police”.

8
In section 106—

(a)
in subsection (1) after “chief officer of police” insert “or an officer of

a local authority or an elected member of a licensing authority”,

(b)
in subsection (2) after “chief officer of police” insert “or the officer or

member”,

(c)
in subsection (3)(a) after “objection notice” insert “in question”,

(d)
in subsection (3)(b) leave out “that time” and insert “the time when all

objection notices in respect of the temporary notice are treated as

withdrawn”,

(e)
in subsection (4) after “chief officer of police” insert “or the officer or

member”,

(f)
in subsection (7) for “section 104(2)” substitute “section 105(7)”.’.

Paul Holmes

Dr Evan Harris

242

Clause  29,  page  22,  line  35,  at end insert ‘and in doing so is in breach of a current

Acceptable Behaviour Contract which has been signed by that person.’.

Paul Holmes

Dr Evan Harris

243

Page  23,  line  22,  leave out Clause 30.

Paul Holmes

Dr Evan Harris

244

Schedule  4,  page  123,  line  17,  leave out paragraph 2.

Notices of Amendments: 5 February 2009
109

Policing and Crime Bill, continued

Paul Holmes

Dr Evan Harris

245

Schedule  4,  page  124,  line  17,  leave out ‘permitted’.

Dr Evan Harris

246

Clause  15,  page  14,  line  31,  leave out ‘two’ and insert ‘three’.

Dr Evan Harris

247

Clause  15,  page  14,  line  32,  leave out ‘three months’ and insert ‘one year’.

Dr Evan Harris

248

Schedule  1,  page  107,  line  21,  after ‘practicable’, insert ‘and in any event within 24

hours’.

Dr Evan Harris

249

Schedule  2,  page  112,  line  43,  leave out ‘two’ and insert ‘three’.

Dr Evan Harris

250

Schedule  2,  page  113,  line  21,  at end insert—

‘(10A)
The third condition is that the court is satisfied that the authorising officer has

satisfied himself of the identity of the interested parties and effected service on

them.’.

Dr Evan Harris

251

Schedule  2,  page  110,  leave out lines 4 to 7.