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“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.”’.

New ClauseS

Community punishments for graffiti and fly-posting

John Hemming

NC1

To move the following Clause:—

‘After section 43 of the Anti-Social Behaviour Act 2003 (c.38) insert—

“43A	Community punishments for graffiti and fly-posting

(1)	Where an authorised officer of a local authority has reason to believe that

a person has committed a relevant offence in the area of that authority, he

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Policing and Crime Bill, continued

may give that person a notice offering him the opportunity of discharging

any liability to conviction for that offence by the completion of a

community service punishment in accordance with the notice.

(2)	But an authorised officer may not give a notice under subsection (1) if he

considers that the commission of the offence—

(a)	in the case of a relevant offence falling within section 44(1)(c),

also involves the commission of an offence under section 30 of

the Crime and Disorder Act 1998 (c. 37) (racially or religiously

aggravated criminal damage), or

(b)	in the case of any other relevant offence, was motivated (wholly

or partly) by hostility—

(i)	towards a person based upon his membership (or

presumed membership) of a racial or religious group, or

(ii)	towards the members of a racial or religious group based

on their membership of that group.

(3)	In the case of a relevant offence falling within section 44(1)(f), an

authorised officer may not give a notice to a person under subsection (1)

in relation to the display of an advertisement unless he has reason to

believe that that person personally affixed or placed the advertisement to,

against or upon the land or object on which the advertisement is or was

displayed.

(4)	Where a person is given a notice under subsection (1) in respect of an

offence—

(a)	no proceedings may be instituted for that offence (or any other

relevant offence arising out of the same circumstances) before

the expiration of the period of 14 days following the date of the

notice, and

(b)	he may not be convicted of that offence (or any other relevant

offence arising out of the same circumstances) if before the

expiration of that period he agrees in writing to undertake the

community punishment in accordance with the notice.

(5)	A notice under subsection (1) must give such particulars of the

circumstances alleged to constitute the offence as are necessary for

giving reasonable information of the offence.

(6)	A notice under subsection (1) must also state—

(a)	the period during which, by virtue of subsection (4), proceedings

will not be instituted for the offence,

(b)	the number of hours which the person is required to work, which

shall not exceed 24,

(c)	the period during which the hours must be worked, provided that

it shall not commence more than two months from the date on

which the notice is agreed to under subsection (4)(b), and

(d)	the officer of a provider of probation services or, in the case of a

person aged under 18, the member of a youth offending team to

whom the person must report, and the time by which he must so

report.

(7)	The authorised officer issuing the notice under subsection (1) must give

a copy of the notice to the officer specified in accordance with subsection

(6)(d) to whom the person must report and any other information relating

to the case which he considers likely to be of assistance.

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(8)	A notice under subsection (1) must be in such form as the appropriate

person may by order prescribe.

(9)	The provisions of section 47 of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6) (obligations of person subject to community

punishment order) shall apply in respect of a community punishment

notice.

(10)	For the purposes of this section a police officer or police community

support officer shall have the same powers to issue notices.”’.

Composition of police authorities

Paul Holmes

Chris Huhne

NC2

To move the following Clause:—

‘For section 4 of the Police Act 1996 (Membership of police authorities etc)

substitute—

“Composition of police authorities

(1)	Where a police authority has the same boundary as a local council, that

council will be the police authority.

(2)	Each police authority established under section 3 shall consist of 17

members.

(3)	Where a police authority boundary and a local council boundary are not

coterminous, two-thirds of the members of the police authority shall be

directly elected by Single Transferable Vote.

(4)	The members of the police authority subject to clause (3) above shall be

elected once every four years on the same day as all or most of the local

government elections in the force area.

(5)	Elections per clauses (3) and (4) above shall be voted on by all members

of the population over the age of 18 who reside within the relevant police

authority boundary and whom are eligible to vote in local government

elections.

(6)	Where subsection (2) above applies, one-third of the members of the

police authorities shall be nominated from local councillors within the

police force area.

(7)	Under subsection (1) or (2) above, police authorities may co-opt extra

members to ensure diversity, experience and expertise.

(8)	In subsection (4) above, co-opted members may be—

(a)	magistrates, or

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Policing and Crime Bill, continued

(b)	any person deemed appropriate by the exisiting members of the

police authority to which outside members are being co-opted.”’.

Appointment of chief constables and assistant chief constables

Paul Holmes

Chris Huhne

NC3

To move the following Clause:—

‘(1)	The Police Act 1996 is amended as follows.

(2)	In section 11(1) (appointment and removal of chief constables) leave out “but

subject to the approval of the Secretary of State”.

(3)	In section 11(2) leave out “acting with the approval of the Secretary of State”.

(4)	In section 11(3), leave out “ Before seeking the approval of the Secretary of State

under subsection (2),”.

(5)	In section 12(2) (assistant chief constables) leave out “and subject to the approval

of the Secretary of State”.

(6)	In section 12(5) leave out “ Secretary of State” and insert “relevant police

authority”.

(7)	For section 2 (removal of chief constables etc) substitute—

“(1)	A police authority may exercise its power under section 11 to call upon

the chief constable to retire in the interests of efficiency or effectiveness.

(2)	Before requiring the exercise or the similar power exercisable with

respect to an assistant chief constable, the police authotity shall give the

chief constable or assistant chief constable an oppurtunity to make

representations to him and shall consider any representations so made.”’.

Responsibilities of police authorities

Paul Holmes

Chris Huhne

NC4

To move the following Clause:—

‘(1)	Each police authority will have the ability to determine its own local precept

agreement with the relevant local council or councils as appropriate to its

individual requirements.

(2)	Each police authority will have the ability to determine its own fiscal priorities in

accordance with its individual requirements.

(3)	The Secretary of State may not give unsolicited directions to police authorities on

local precepts, minimum budgets or fiscal priorities.

(4)	Each police authority has a duty to consult with the Secretary of State, and to take

account of national policing authorities.

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(5)	The Police Act 1996 is amended as follows.

(6)	In section 6(2) (general functions of police authorities), leave out paragraph (a).

(7)	In section 6(2)(c) leave out “whether in compliance with a direction under section

38 or otherwise”.

(8)	In section 6 subsection (3) is omitted.

(9)	For section 37A (setting of strategic priorities for police authorities) substitute—

“Policing objectives

Each individual police authority must determine objectives for the

policing of their own local area.”

(10)	For section 38 (setting of performance targets) substitute—

“Where an objective has been determined under section 37, the relevant

police authority shall establish levels of performance (performance

targets to be aimed at in seeking to achieve the objective).”

(11)	Section 39 (Codes of Practice) is repealed.

(12)	Section 41 (Directions as to a minimum budget) is repealed.

(13)	Section 44 (Reports from Chief constables) is repealed.

(14)	The Local Government Act 1999 is amended as follows.

(15)	In section 31(9) (major precepting authorities: further recognition), after “1992”,

insert “, but excluding police authorities and the Metropolitan Police

Authority”.’.

Extraordinary rendition

Paul Holmes

Dr Evan Harris

Chris Huhne

NC5

To move the following Clause:—

‘After section 24B of the Aviation Security Act 1982 (c. 36) insert—

“24C	Police powers to search aeroplanes

(1)	If the Secretary of State has any reason to believe that an aircraft that is

in flight over the United Kingdom is or has been or may be involved in

an act of unlawful rendition then he or she may require the aircraft to land

at a suitable aerodrome.

(2)	If an aircraft is required to land in accordance with subsection (1), a

responsible person must, as soon as practicable after the aircraft has

landed, enter and search the aircraft.

(3)	The Secretary of State or a responsible person must enter and search an

aircraft if he or she has any reason to believe that—

(a)	an aircraft in an aerodrome is or has been or may be involved in

an act of unlawful rendition; or

(b)	in respect of an aircraft in an aerodrome, incomplete or incorrect

information under sections 32 and 33 of the Immigration,

Asylum and Nationality Act 2006 (c. 13) has been supplied.

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(4)	For the purposes of subsections (2) and (3), a search of an aircraft is to be

carried out to determine if—

(a)	the aircraft has been, or may be involved in an act of unlawful

rendition,

(b)	a criminal offence has been committed, or

(c)	allowing the aircraft to continue on its journey could place the

United Kingdom in breach of its obligations under the European

Convention on Human Rights,

but these powers may only be exercised when it is not reasonably

practicable to apply for a warrant of entry in accordance with section 8 of

the Police and Criminal Evidence Act 1984 (c. 60).

(5)	A person who carries out a search under this section may remove any

items from the aircraft if it may be evidence of any of the matters set out

in subsection (4).

(6)	In this section—

“an act of unlawful rendition” means an act, not being in accordance with

formal lawful extradition or deportation procedures, involving the

forcible transportation of a person to a territory where he or she may be

subjected to torture and inhuman and degrading treatment;

“a responsible person” means—

(a)	the chief officer of police of a police force maintained for a

police area in England and Wales;

(b)	the chief constable of a police force maintained under the Police

(Scotland) Act 1967 (c. 77);

(c)	the Chief Constable of the Police Service of Northern Ireland;

(d)	one of the Commissioners of Her Majesty’s Revenue and

Customs;

(e)	a constable designated by any of the persons specified in

paragraphs (a) to (c).”’.

Premises licences: authorised persons, interested parties and responsible authorities

Lynda Waltho

NC6

To move the following Clause:—

‘(1)	The Licensing Act 2003 (c. 17) is amended as follows.

(2)	After section 13(3)(d), insert—

“(e)	a member of—

(i)	the licensing authority in whose area the premises are

situated, or

(ii)	any other licensing authority if there are persons living

in the area of that authority or bodies in the area of that

authority who fall within subsection (3).’.

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Policing and Crime Bill, continued

Forum

James Brokenshire

Mr David Ruffley

NC7

To move the following Clause:—

‘(1)	That the Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6

of Schedule 13.

(2)	Notwithstanding any provision to the contrary contained in the Police and Justice

Act 2006 or this Act, paragraphs 4 and 5 of Schedule 13 to the Police and Justice

Act 2006 shall come into force on the day on which this Act is passed.’.

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.’.

Encrypted data: amendment of penalty and notification requirements

James Brokenshire

Mr David Ruffley

NC9

To move the following Clause:—

‘(1)	Section 53 of the Regulation of Investigatory Powers Act 2000 (c.23) (failure to

comply with a notice) is amended as follows.

(2)	In subsection 5A, after paragraph (a) insert—

“(aa)

where subsection 5C applies, five years;”.

(3)	After subsection 5B insert—

“(5C)

This section applies where—

(a)	the offender has been previously convicted of a relevant sexual

offence,

(b)	an indecent photograph of a child has been found in his

possession, or

(c)	the court is satisfied that it is more likely than not that the

protected information may contain an indecent photograph of a

child.

(5D)	For the purposes of subsection 5C—

“relevant sexual offence” means an offence under—

---

Revised 10 February 2009