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Public Bill Committee: 26 February 2009                  

343

 

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Section 39 (Codes of Practice) is repealed.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Section 41 (Directions as to a minimum budget) is repealed.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Section 44 (Reports from Chief constables) is repealed.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


 
 

Public Bill Committee: 26 February 2009                  

344

 

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:—


 
 

Public Bill Committee: 26 February 2009                  

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—


 
 

Public Bill Committee: 26 February 2009                  

346

 

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.’.

 



 
 

Public Bill Committee: 26 February 2009                  

347

 

Policing and Crime Bill, continued

 
 

Destruction of samples etc: England and Wales

 

Paul Holmes

 

Dr Evan Harris

 

NC36

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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.


 
 

Public Bill Committee: 26 February 2009                  

348

 

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

 

Parliamentary Star - white    

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