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‘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).

(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.

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(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.

(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.

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(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.

104B	Objection to notice by members of licensing authority

(1)	Where an elected member of a licensing authority which 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 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.”.

12	In the heading of section 105 (Counter notice following police objection) omit

“police”.

13	In section 105—

(a)	in subsection (2)(a) for “the chief officer of police who gave the

objection notice” substitute “all persons who gave an objection

notice”;

(b)	in subsection (2)(b) for “the crime prevention objective” substitute

“the licensing objective in question”;

(c)	for subsection (7) substitute—

“(7)	In this section—

‘objection notice’ means a notice served by—

(a)	a chief officer of police under section 104(2),

(b)	an officer of a local authority under section 104A(1),

(c)	an elected member of a licensing authority under

section 104B(1),

“relevant chief officer of police” has the same meaning as in

section 104.”.

14	In the heading of section 106 (Modification of notice following police

objection) omit “police”.

15	In section 106—

(a)	in subsection (1) after “chief officer of police” insert “or an officer of

a local authority or an elected member of a licensing authority”,

(b)	in subsection (2) after “chief officer of police” insert “or the officer or

member”,

(c)	in subsection (3)(a) after “objection notice” insert “in question”,

(d)	in subsection (3)(b) leave out “that time” and insert “the time when all

objection notices in respect of the temporary notice are treated as

withdrawn”,

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(e)	in subsection (4) after “chief officer of police” insert “or the officer or

member”,

(f)	in subsection (7) for “section 104(2)” substitute “section 105(7)”.’.

Mr Vernon Coaker

307

Title,  line  6,  after ‘2006’ insert ‘and the Safeguarding Vulnerable Groups (Northern

Ireland) Order 2007’.

Member’s explanatory statement

This amendment is consequential on amendments 38, 40, and 42.

Mr Vernon Coaker

That certain written evidence already reported to the House be appended to the

proceedings of the Committee

Order of the House [19 January 2009]

That the following provisions shall apply to the Policing and Crime Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 26 February 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

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Order of the Committee [27 January 2009]

[as amended on 24 February 2009]

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

27 January meet—

(a)	at 4.00 pm on Tuesday 27 January;

(b)	at 9.00 am and 1.00 pm on Thursday 29 January;

(c)	at 10.30 am and 4.00 pm on Tuesday 3 February;

(d)	at 9.00 am and 1.00 pm on Thursday 5 February;

(e)	at 10.30 am and 4.00 pm on Tuesday 10 February;

(f)	at 9.00 am and 1.00 pm on Thursday 12 February;

(g)	at 10.30 am and 4.00 pm on Tuesday 24 February;

(h)	at 9.00 am and 1.00 pm on Thursday 26 February;

(2)	the Committee shall hear oral evidence in accordance with the following

Table—

	Date	Time	Witness
	Tuesday 27 January	Until no later than	Association of Chief
		12 noon	Police Officers of
			England and Wales and
			Northern Ireland;
			Association of Police
			Authorities; the Airport
			Operators Association
	Tuesday 27 January	Until no later than	The Poppy Project;
		1.00 pm	English Collective of
			Prostitutes; UK Network
			of Sex Work Projects; the
			Children’s Society;
			Object
	Tuesday 27 January	Until no later than	Alcohol Concern;
		5.30 pm	Association of Chief
			Police Officers of
			England and Wales and
			Northern Ireland; British
			Beer and Pub
			Association; Association
			of Convenience Stores;
			Local Government
			Association
	Tuesday 27 January	Until no later than	Association of Chief
		7.00 pm	Police Officers of
			England and Wales and
			Northern Ireland; Serious
			Organised Crime
			Agency; Metropolitan
			Police Force
	Thursday 29 January	Until no later than	Liberty; the Bar Council
		10.25 am
	Thursday 29 January	Until no later than	Home Office;
		3.00 pm	Department for Transport

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(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 16; Schedule 1; Clauses 17 to 20; Schedule 2;

Clauses 21 to 25; Schedule 3; Clauses 26 to 31; Schedule 4; Clauses 32 to 61;

Schedule 5; Clauses 62 to 86; Schedules 6 and 7; Clauses 87 to 91; new

Clauses; new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 pm on Thursday 26 February.

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Revised 26 February 2009