House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24 February 2009
279

Policing and Crime Bill, continued

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.”’

Mr Vernon Coaker

146

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

Public Bill Committee: 24 February 2009
280

Policing and Crime Bill, continued

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.

(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.”’.

Public Bill Committee: 24 February 2009
281

Policing and Crime Bill, continued

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.”’.

Public Bill Committee: 24 February 2009
282

Policing and Crime Bill, continued

Mr Vernon Coaker

306

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

‘Section 30.’.

New ClauseS

Injunctions to prevent gang-related violence

Mr Vernon Coaker

NC11

To move the following Clause:—

‘(1)
A court may grant an injunction under this section if two conditions are met.

(2)
The first condition is that the court is satisfied on the balance of probabilities that

the respondent has engaged in, or has encouraged or assisted, gang-related

violence.
5
(3)
The second condition is that the court thinks it is necessary to grant the injunction

for either or both of the following purposes—

(a)
to prevent the respondent from engaging in, or encouraging or assisting,

gang-related violence;

(b)
to protect the respondent from gang-related violence.
10
(4)
An injunction under this section may (for either or both of those purposes)—

(a)
prohibit the respondent from doing anything described in the injunction;

(b)
require the respondent to do anything described in the injunction.

(5)
In this section “gang-related violence” means violence or a threat of violence

which occurs in the course of the activities of a gang or is otherwise related to
15
such activities.’.

As an Amendment to Mr Vernon Coaker’s proposed New Clause (Injunctions to

prevent gang-related violence) (NC 11):—

James Brokenshire

Mr David Ruffley

(a)

Line  15,  at end insert—

‘(6)
In this section “gang” shall mean a group of people who see themselves or are

seen by others as a discernable group and exhibit any one or more of the following

factors—

(a)
engaging in criminal activity;

(b)
identifying with a particular geographical area;

(c)
having some form of identifying organisational feature;

(d)
being in conflict with other similar gangs.’.

Public Bill Committee: 24 February 2009
283

Policing and Crime Bill, continued

Contents of injunctions

Mr Vernon Coaker

nc12

To move the following Clause:—

‘(1)
This section applies in relation to an injunction under section [Injunctions to

prevent gang-related violence].

(2)
The prohibitions included in the injunction may, in particular, have the effect of

prohibiting the respondent from—

(a)
being in a particular place;

(b)
being with particular persons in a particular place;

(c)
being in charge of a particular species of animal in a particular place;

(d)
wearing particular descriptions of articles of clothing in a particular

place;

(e)
using the internet to facilitate or encourage violence.

(3)
The requirements included in the injunction may, in particular, have the effect of

requiring the respondent to—

(a)
notify the person who applied for the injunction of the respondent’s

address and of any change to that address;

(b)
be at a particular place between particular times on particular days;

(c)
present himself or herself to a particular person at a place where he or she

is required to be between particular times on particular days;

(d)
participate in particular activities between particular times on particular

days.

(4)
A requirement of the kind mentioned in subsection (3)(b) may not be such as to

require the respondent to be at a particular place for more than 8 hours in any day.

(5)
The prohibitions and requirements included in the injunction must, so far as

practicable, be such as to avoid—

(a)
any conflict with the respondent’s religious beliefs, and

(b)
any interference with the times, if any, at which the respondent normally

works or attends any educational establishment.

(6)
Nothing in subsection (2) or (3) affects the generality of section [Injunctions to

prevent gang-related violence](4).

(7)
In subsection (2) “place” includes an area.’.

Contents of injunctions: supplemental

Mr Vernon Coaker

nc13

To move the following Clause:—

‘(1)
This section applies in relation to an injunction under section [Injunctions to

prevent gang-related violence].

(2)
The court must specify, in relation to each prohibition or requirement in the

injunction, whether it is to be in force—

(a)
until further order, or

(b)
until the end of a specified period.

Public Bill Committee: 24 February 2009
284

Policing and Crime Bill, continued

(3)
The court may order the applicant and the respondent to attend a review hearing

on a specified date.

(4)
A review hearing is a hearing held for the purpose of considering whether the

injunction should be varied or discharged.

(5)
The court may attach a power of arrest in relation to—

(a)
any prohibition in the injunction, or

(b)
any requirement in the injunction, other than one which has the effect of

requiring the respondent to participate in particular activities.

(6)
If the court attaches a power of arrest, it may specify that the power is to have

effect for a shorter period than the prohibition or requirement to which it relates.’.

Applications for injunctions under section [Injunctions to prevent gang-related violence]

Mr Vernon Coaker

nc14

To move the following Clause:—

‘(1)
An application for an injunction under section [Injunctions to prevent gang-

related violence] may be made by—

(a)
the chief officer of police for a police area,

(b)
the chief constable of the British Transport Police Force, or

(c)
a local authority.

(2)
In this Part “local authority” means—

(a)
in relation to England, a district council, a county council, a London

borough council, the Common Council of the City of London or the

Council of the Isles of Scilly;

(b)
in relation to Wales, a county council or a county borough council.’.

Consultation by applicants for injunctions

Mr Vernon Coaker

nc15

To move the following Clause:—

‘(1)
Before applying for an injunction under section [Applications for injunctions

under section [Injunctions to prevent gang-related violence]], the applicant must

comply with the consultation requirement.

(2)
In the case of an application by a chief officer of police, the consultation
5
requirement is that the chief officer (“the applicant chief officer”) must consult—

(a)
any local authority that the applicant chief officer considers it would be

appropriate to consult, and

(b)
any other chief officer of police whom the applicant chief officer

considers it would be appropriate to consult.
10
(3)
In the case of an application by the chief constable of the British Transport Police

Force, the consultation requirement is that the constable must consult—

Public Bill Committee: 24 February 2009
285

Policing and Crime Bill, continued

(a)
any local authority that the constable considers it would be appropriate to

consult, and

(b)
any chief officer of police whom the constable considers it would be
15
appropriate to consult.

(4)
In the case of an application by a local authority, the consultation requirement is

that the local authority (“the applicant local authority”) must consult—

(a)
any chief officer of police whom the applicant local authority considers

it would be appropriate to consult, and
20
(b)
any other local authority that the applicant local authority considers it

would be appropriate to consult.’.

As Amendments to Mr Vernon Coaker’s proposed New Clause (Consultation by

applicants for injunctions) (NC 15):—

James Brokenshire

Mr David Ruffley

(a)

Line  9,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

applicant chief officer considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the applicant chief officer

considers would be appropriate to consult.’.

James Brokenshire

Mr David Ruffley

(b)

Line  15,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

constable considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the constable considers

would be appropriate to consult.’.

James Brokenshire

Mr David Ruffley

(c)

Line  21,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

applicant local authority considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the applicant local authority

considers would be appropriate to consult.’.