House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 26 February 2009
336

Policing and Crime Bill, continued

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must

include the person in the adults’ barred list.”

(5)
In paragraph 8 (inclusion in adults’ barred list subject to consideration of

representations) for sub-paragraphs (2) and (3) substitute—

  “(2)
If the Secretary of State has reason to believe that this paragraph might

apply to a person, the Secretary of State must refer the matter to ISA.

      (3)
If ISA is satisfied that this paragraph applies to the person, it must—

(a)
include the person in the adults’ barred list, and

(b)
give the person an opportunity to make representations as to

why the person should be removed from the adults’ barred

list.”

(6)
In paragraph 24(8) (Secretary of State to examine records of convictions or

cautions from time to time) for “whether the criteria apply to an individual”

substitute “whether there is reason to believe that the criteria might apply to an

individual”.’.

Member’s explanatory statement

This amendment makes equivalent provision in relation to Northern Ireland to that made in

relation to England and Wales by amendment NC31.

Retention and destruction of samples etc: England and Wales

Mr Vernon Coaker

NC33

To move the following Clause:—

‘(1)
After section 64A of the Police and Criminal Evidence Act 1984 (c. 60) insert—

“64B
Retention and destruction of samples etc

(1)
The Secretary of State may by regulations make provision as to the

retention, use and destruction of material to which this section applies.

(2)
This section applies to the following material—

(a)
photographs falling within a description specified in the

regulations,

(b)
fingerprints taken from a person in connection with the

investigation of an offence,

(c)
impressions of footwear so taken from a person,

(d)
DNA and other samples so taken from a person,

(e)
information derived from DNA samples so taken from a person.

(3)
The regulations may—

(a)
make different provision for different cases, and

(b)
make provision subject to such exceptions as the Secretary of

State thinks fit.

Public Bill Committee: 26 February 2009
337

Policing and Crime Bill, continued

(4)
The regulations may frame any provision or exception by reference to an

approval or consent given in accordance with the regulations.

(5)
The regulations may confer functions on persons specified or described

in the regulations.

(6)
The functions which may be conferred by virtue of subsection (5) include

those of—

(a)
providing information about the operation of regulations made

under this section,

(b)
keeping their operation under review,

(c)
making reports to the Secretary of State about their operation,

and

(d)
making recommendations to the Secretary of State about the

retention, use and destruction of material to which this section

applies.

(7)
The regulations may make provision for and in connection with

establishing a body to discharge the functions mentioned in subsection

(6)(b) to (d).

(8)
The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act (including

this Act).

(9)
The provision which may be made by virtue of subsection (8) includes

amending or otherwise modifying any provision so as to impose a duty

or confer a power to make an order, regulations, a code of practice or any

other instrument.

(10)
For the purposes of this section—

(a)
“photograph” includes a moving image, and

(b)
the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.

64C
Retention and destruction of samples etc: supplementary

(1)
Regulations under section 64B may make—

(a)
supplementary, incidental or consequential provision, or

(b)
transitional, transitory or saving provision.

(2)
Regulations under that section are to be made by statutory instrument.

(3)
An instrument containing regulations under that section may not be made

unless a draft of the instrument has been laid before, and approved by

resolution of, each House of Parliament.”

(2)
The amendment made by subsection (1) applies in relation to material obtained

before or after the commencement of this section.’.

Member’s explanatory statement

This amendment, responding to the ECtHR judgment in S and Marper v UK on 4 December 2008,

would amend the Police and Criminal Evidence Act 1984, creating a power to make regulations

on the retention, use and destruction of photographs, fingerprints, footwear impressions, DNA and

other samples and DNA profiles.

Public Bill Committee: 26 February 2009
338

Policing and Crime Bill, continued

Retention and destruction of samples etc: service offences

Mr Vernon Coaker

NC34

To move the following Clause:—

‘(1)
Section 113 of the Police and Criminal Evidence Act 1984 (c. 60) (application to

armed forces) is amended as follows.

(2)
After subsection (1) insert—

“(1A)
The Secretary of State may by order make provision as to the retention,

use and destruction of material obtained in connection with the

investigation of a service offence which is equivalent to the provision

made by regulations under section 64B, subject to such modifications as

the Secretary of State considers appropriate.”

(3)
In subsection (3) after paragraph (a) insert—

“(aa)
the exercise of functions conferred by an order under subsection

(1A); or”.

(4)
The amendments made by subsections (2) and (3) apply in relation to material

obtained before or after the commencement of this section.’.

Member’s explanatory statement

This amendment would allow equivalent provision to be made to that under the power in

amendment NC33, in relation to service offences as defined in the Armed Forces Act 2006.

Retention and destruction of samples etc: Northern Ireland

Mr Vernon Coaker

NC35

To move the following Clause:—

‘(1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/3141

(N.I. 12)) is amended as follows.

(2)
After Article 64A insert—

“64B
Retention and destruction of samples etc

(1)
The Secretary of State may by regulations make provision as to the

retention, use and destruction of material to which this Article applies.

(2)
This Article applies to the following material—

(a)
photographs falling within a description specified in the

regulations,

(b)
fingerprints taken from a person in connection with the

investigation of an offence,

(c)
impressions of footwear so taken from a person,

(d)
DNA and other samples so taken from a person,

(e)
information derived from DNA samples so taken from a person.

(3)
The regulations may—

(a)
make different provision for different cases, and

Public Bill Committee: 26 February 2009
339

Policing and Crime Bill, continued

(b)
make provision subject to such exceptions as the Secretary of

State thinks fit.

(4)
The regulations may frame any provision or exception by reference to an

approval or consent given in accordance with the regulations.

(5)
The regulations may confer functions on persons specified or described

in the regulations.

(6)
The functions which may be conferred by virtue of paragraph (5) include

those of—

(a)
providing information about the operation of regulations made

under this Article,

(b)
keeping their operation under review,

(c)
making reports to the Secretary of State about their operation,

and

(d)
making recommendations to the Secretary of State about the

retention, use and destruction of material to which this Article

applies.

(7)
The regulations may make provision for and in connection with

establishing a body to discharge the functions mentioned in paragraph

(6)(b) to (d).

(8)
The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act or Northern

Ireland legislation (including this Order).

(9)
The provision which may be made by virtue of paragraph (8) includes

amending or otherwise modifying any provision so as to impose a duty

or confer a power to make an order, regulations, a code of practice or any

other instrument.

(10)
The regulations may make—

(a)
supplementary, incidental or consequential provision, or

(b)
transitional, transitory or saving provision.

(11)
For the purposes of this Article—

(a)
“photograph” includes a moving image, and

(b)
the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.”

(3)
In Article 89 (procedure for orders and regulations) for “Article 29(4) or 46A”

substitute “Articles 29(4), 46A and 64B”.

(4)
The amendments made by subsections (2) and (3) apply in relation to material

obtained before or after the commencement of this section.’.

Member’s explanatory statement

This amendment would amend the Police and Criminal Evidence (Northern Ireland) Order 1989

to allow equivalent provision to be made to that under the power in amendment NC33, in relation

to Northern Ireland.

Public Bill Committee: 26 February 2009
340

Policing and Crime Bill, continued

Community punishments for graffiti and fly-posting

John Hemming

Paul Holmes

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

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,

Public Bill Committee: 26 February 2009
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Policing and Crime Bill, continued

(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.

(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.

Public Bill Committee: 26 February 2009
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Policing and Crime Bill, continued

(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

(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:—