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Public Bill Committee: 24 February 2009                  

304

 

Policing and Crime Bill, continued

 
 

         

“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Section 39 (Codes of Practice) is repealed.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Section 41 (Directions as to a minimum budget) is repealed.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Section 44 (Reports from Chief constables) is repealed.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


 
 

Public Bill Committee: 24 February 2009                  

305

 

Policing and Crime Bill, continued

 
 

(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).’.

 



 
 

Public Bill Committee: 24 February 2009                  

306

 

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—


 
 

Public Bill Committee: 24 February 2009                  

307

 

Policing and Crime Bill, continued

 
 

(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).


 
 

Public Bill Committee: 24 February 2009                  

308

 

Policing and Crime Bill, continued

 
 

      (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.


 
 

Public Bill Committee: 24 February 2009                  

309

 

Policing and Crime Bill, continued

 
 

      (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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