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Policing and Crime Bill, continued

‘(1)	Each police authority will have the ability to determine its own local precept

agreement with the relevant local council or councils as appropriate to its

individual requirements.

(2)	Each police authority will have the ability to determine its own fiscal priorities in

accordance with its individual requirements.

(3)	The Secretary of State may not give unsolicited directions to police authorities on

local precepts, minimum budgets or fiscal priorities.

(4)	Each police authority has a duty to consult with the Secretary of State, and to take

account of national policing authorities.

(5)	The Police Act 1996 is amended as follows.

(6)	In section 6(2) (general functions of police authorities), leave out paragraph (a).

(7)	In section 6(2)(c) leave out “whether in compliance with a direction under section

38 or otherwise”.

(8)	In section 6 subsection (3) is omitted.

(9)	For section 37A (setting of strategic priorities for police authorities) substitute—

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(11)	Section 39 (Codes of Practice) is repealed.

(12)	Section 41 (Directions as to a minimum budget) is repealed.

(13)	Section 44 (Reports from Chief constables) is repealed.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

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Policing and Crime Bill, continued

(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

(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:—

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345

Policing and Crime Bill, continued

‘(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).’.

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—

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Policing and Crime Bill, continued

“(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—

(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.’.

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Policing and Crime Bill, continued

Destruction of samples etc: England and Wales

Paul Holmes

Dr Evan Harris

NC36

To move the following Clause:—

‘(1)	Section 82 of the Criminal Justice and Police Act 2001 is repealed.

(2)	Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.

(3)	After Section 64A of the Police and Criminal Evidence Act 1984 (c. 60) insert—

“64B	Destruction of fingerprints and samples etc

(1)	After a person is released without charge or acquitted of the offence for

which a sample has been taken that sample shall be destroyed within one

month of the fingerprints or samples being taken or the person being

acquitted, unless the offence was of a violent or sexual nature.

(2)	If the offence was of a violent or sexual nature that sample must be held

for a period of three years, after which it must be destroyed.

(3)	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.

(4)	For the purposes of this section—

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

(f)	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.”.’.

Destruction of samples etc: service offences

Paul Holmes

Dr Evan Harris

NC37

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)

After a person is released without charge or acquitted of the offence for

which a sample has been taken that sample shall be destroyed within one

month of the fingerprints or sample being taken or the person being

acquitted, unless the offence was of a violent or sexual nature.

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Policing and Crime Bill, continued

(2)	If the offence was of a violent or sexual nature that sample must be held

for a period of three years, after which it must be destroyed.”.’.

Destruction of samples etc (Northern Ireland)

Paul Holmes

Dr Evan Harris

NC38

To move the following Clause:—

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

3141 (N.I 12)) is amended as follows—

(2)	After Article 64A insert—

“Destruction of samples etc

“(1)	After a person is not charged or acquitted of the offence for which a

sample has been taken that sample shall be destroyed within one month

of the fingerprints or samples being taken or the person being acquitted,

unless the offence was of a violent or sexual nature.

(2)	If the offence was of a violent or sexual nature that sample should be held

for a period of three years, and then be destroyed.

(3)	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.

(4)	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.”.’.

New ScheduleS

Mr Vernon Coaker

NS2

To move the following Schedule:—

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Revised 26 February 2009