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(11)	Section 39 (Codes of Practice) is repealed.

(12)	Section 41 (Directions as to a minimum budget) is repealed.

(13)	Section 44 (Reports from Chief constables) is repealed.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

(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

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(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

Paul Holmes

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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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—

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(a)	section 1 of the Protection of Children Act 1978 (c.37) (indecent

photographs of children);

(b)	section 160 of the Criminal Justice Act 1988 (c.33) (possession

of indecent photographs of a child);

(c)	section 170 of the Customs and Excise Management Act 1979

(c.2) (penalty for fraudulent evasion of duty etc) in relation to

goods prohibited to be imported under section 42 of the Customs

Consolidation Act 1876 (c.36) (indecent or obscene articles), if

the prohibited goods included indecent photographs of persons

under 16;

(d)	sections 48 to 50 of the Sexual Offences Act 2003 (c.42) (abuse

of children through prostitution or pornography) where the

victim was under 18 and involved pornography;

“indecent photograph of a child” has the same definition as in sections 1 and

7 of the Protection of Children Act 1978 (c.37), and for the avoidance of

a doubt includes a reference to a pseudo-photograph of a child or a

tracing of an indecent photograph with the meaning of section 7(4A) of

that Act.”.

(4)	In Schedule 3 of the Sexual Offences Act 2003 (c.42), after paragraph 35 insert—

“36	An offence under section 53 of the Regulation of Investigatory Powers

Act 2000 (c.23) where subsection 5C applies.”’.

Annual report on e-borders programme

James Brokenshire

Mr David Ruffley

NC10

To move the following Clause:—

‘The Secretary of State shall present an annual report on progress on the

implementation of the e-borders programme, until such time as it is formally

operational.’.

New ScheduleS

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).

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(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—

(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.

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(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.’.

Paul Holmes

Dr Evan Harris

NS1

To move the following Schedule:—

‘schedule 4A

permitted temporary activities

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

subject to the following amendments.

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

“Police”.

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

11	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.

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Revised 24 February 2009