House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12 February 2009
191

Policing and Crime Bill, continued

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

Justice (Northern Ireland) Order 2008.’.

James Brokenshire

Mr David Ruffley

254

Clause  54,  page  66,  line  32,  at end insert ‘save that time during which the person

was outside the United Kingdom shall be disregarded for the purposes of consideration

for parole or early release in any event.’.

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’.

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;’.

Public Bill Committee: 12 February 2009
192

Policing and Crime Bill, continued

Dr Evan Harris

Paul Holmes

72

Clause  55,  page  70,  line  3,  leave out ‘the Secretary of State is not satisfied that the

return is compatible’ and insert ‘to do so would be incompatible’.

Dr Evan Harris

Paul Holmes

73

Clause  55,  page  70,  line  5,  after ‘1998’, insert ‘or any other international treaty

which the United Kingdom is a party to or would be contrary to the interests of justice.’.

Dr Evan Harris

Paul Holmes

74

Clause  55,  page  70,  line  5,  at end insert—

‘(1A)
If subsection (1) applies—

(a)
an undertaking to return a person to a territory given under section 153A

or 153C, and

(b)
any power given under section 153A and 153C by reference to the

undertaking are of no effect.’.

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)’.

Public Bill Committee: 12 February 2009
193

Policing and Crime Bill, continued

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—

“(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)”.’.

Public Bill Committee: 12 February 2009
194

Policing and Crime Bill, continued

Dr Evan Harris

Paul Holmes

75

Page  71,  line  15,  leave out Clause 58.

Mr David Ruffley

James Brokenshire

257

Clause  60,  page  81,  line  19,  at end insert ‘, or

(c)
a dispute about the costs of policing to be met by the aerodrome

manager.’.

Mr David Ruffley

James Brokenshire

255

Clause  60,  page  83,  line  39,  at end insert ‘and, for the avoidance of doubt, any such

appeal shall not be restricted to the judicial review of the Secretary of State’s decision.’.

Mr David Ruffley

James Brokenshire

258

Schedule  5,  page  133,  line  8,  at end insert—

    ‘(8)
In relation to disputes to which this section applies, the Secretary of State shall

require that the police provider provides all parties to the dispute full and

transparent information about the resource deployments and justifications for

those deployments.

      (9)
In determining disputes under this section, the Secretary of State shall have

regard to the principles of transparency and accountability in relation to the

policing costs that are reasonable to be born by the aerodrome manager.

    (10)
Such principles will have regard, inter alia, to the following—

(a)
whether an alternative police provider would have made different

operational resource judgements based on the identified risks (and

such comparison may include references to other airports with similar

risk profiles);

(b)
whether an alternative police provider would have provided those

resources at a lower cost.’.

Mr David Ruffley

James Brokenshire

256

Page  91,  line  24,  leave out Clause 70.

Public Bill Committee: 12 February 2009
195

Policing and Crime Bill, continued

Mr Vernon Coaker

14

Schedule  6,  page  138,  line  6,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

15

Schedule  6,  page  138,  line  8,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

16

Schedule  6,  page  138,  line  10,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

17

Schedule  6,  page  138,  line  12,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

18

Schedule  6,  page  138,  line  14,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

142

Schedule  6,  page  141,  line  9,  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Mr Vernon Coaker

143

Schedule  6,  page  141,  line  15,  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Mr Vernon Coaker

144

Schedule  6,  page  141,  line  20,  leave out ‘in particular localities’ and insert ‘to

existing licences’.

Mr Vernon Coaker

145

Schedule  6,  page  141,  line  22,  leave out paragraph 33 and insert—

‘33(1)
Section 57 (duty to keep and produce licence) is amended as follows.

      (2)
In the heading after “licence” insert “etc.”.

      (3)
In subsection (2) for “is” substitute “and a list of any relevant general

conditions applicable to the licence are”.

      (4)
In subsection (5)—

(a)
after “it)” insert “or a list of relevant general conditions”, and

(b)
after “copy)” insert “or the list”.

      (5)
In subsection (7) after “of a premises licence” insert “or a list of relevant

general conditions”.

      (6)
After subsection (10) insert—

“(11)
In this section “relevant general conditions”, in relation to a premises

licence, means conditions applicable to the licence by virtue of section

19(4), 19A or 21A.”’

Public Bill Committee: 12 February 2009
196

Policing and Crime Bill, continued

Mr Vernon Coaker

146

Schedule  6,  page  141,  line  36,  leave out ‘in particular localities’ and insert ‘to

existing certificates’.

Mr Vernon Coaker

147

Schedule  6,  page  141,  line  43,  leave out ‘in particular localities’ and insert ‘to

existing certificates’.

Mr Vernon Coaker

148

Schedule  6,  page  142,  line  1,  leave out paragraph 38 and insert—

‘38(1)
Section 94 (duty to keep and produce certificate) is amended as follows.

      (2)
In the heading after “certificate” insert “etc.”.

      (3)
In subsection (2) for “is” substitute “and a list of any relevant general

conditions applicable to the certificate are”.

      (4)
In subsection (7) after “copy)” insert “or any list of relevant general

conditions”.

      (5)
In subsection (9) after “of a club premises certificate” insert “or a list of

relevant general conditions”.

      (6)
After subsection (12) insert—

“(13)
In this section “relevant general conditions”, in relation to a club

premises certificate, means conditions applicable to the certificate by

virtue of section 73A, 73B or 74A.”’

Mr Vernon Coaker

149

Schedule  6,  page  142,  line  9,  leave out ‘in particular localities’ and insert ‘to

existing licences’.

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—

“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.

Public Bill Committee: 12 February 2009
197

Policing and Crime Bill, continued

(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.”’.