13

House of Commons

Notices of Amendments

given on

Tuesday 27 January 2009

For other Amendment(s) see the following page(s):

Policing and Crime Bill Committee 11

Public Bill Committee

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Policing and Crime Bill

Community punishments for graffiti and fly-posting

John Hemming

NC1

To move the following Clause:—

‘(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—

Notices of Amendments: 27 January 2009

14

Policing and Crime Bill, continued

(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,

(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.

Mr Vernon Coaker

2

Clause  5,  page  6,  line  3,  at end insert—

‘( )	A police authority may not make an agreement which includes provision about

employees who are under the direction and control of a chief officer.’.

Mr Vernon Coaker

3

Clause  7,  page  9,  line  35,  leave out ‘(“the authorising force”)’.

Mr Vernon Coaker

4

Clause  7,  page  10,  line  9,  at end insert—

‘(3DA)

Subsection (3DB) applies if—

(a)	a person is the designated person by reference to an office, rank or

position with a Scottish police force; and

(b)	the chief constable of that force has made an agreement under section

12(1) of the Police (Scotland) Act 1967 with the chief constable of one

or more other Scottish police forces.

Notices of Amendments: 27 January 2009

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Policing and Crime Bill, continued

(3DB)

The designated person may grant an authorisation for persons holding offices,

ranks or positions with a collaborative force to engage in any conduct to which

this Chapter applies.

(3DC)

For the purposes of subsection (3DB) a Scottish police force is a collaborative

force if—

(a)	its chief constable is a party to the agreement mentioned in subsection

(3DA)(b); and

(b)	the persons holding offices, ranks or positions with it are permitted by the

terms of the agreement to be granted authorisations by the designated

person.

(3DD)

A reference in subsections (3DA) to (3DC) to a Scottish police force is to a police

force maintained under or by virtue of section 1 of the Police (Scotland) Act

1967.’.

Mr Vernon Coaker

5

Clause  7,  page  10,  line  10,  leave out ‘Subsection (3B) is’ and insert ‘Subsections

(3B) and (3DB) are’.

Mr Vernon Coaker

6

Clause  7,  page  10,  line  12,  leave out ‘subsection (3A)’ and insert ‘subsections (3A)

and (3D)’.

Mr Vernon Coaker

7

Clause  7,  page  10,  line  37,  after ‘force.’ insert—

‘(3D)

The provisions of a notice under section 22(4) may also specify or otherwise

identify a person for the purposes of subsection (3)(b) above if—

(a)	the person giving the notice holds an office, rank or position with a

Scottish police force (“Scottish notifying force”);

(b)	the chief constable of the Scottish notifying force has made an agreement

under section 12(1) of the Police (Scotland) Act 1967 with the chief

constable of one or more other Scottish police forces; and

(c)	the person specified in or otherwise identified in the notice holds an

office, rank or position with a collaborative force.

(3E)	For the purposes of subsection (3D) a Scottish police force is a collaborative force

if—

(a)	its chief constable is a party to the agreement mentioned in subsection

(3D)(b); and

(b)	the persons holding offices, ranks or positions with it are permitted by the

terms of the agreement to be specified or otherwise identified in notices

under section 22(4) given by a person holding an office, rank or position

with the Scottish notifying force.

(3F)	A reference in subsections (3D) and (3E) to a Scottish police force is to a police

force maintained under or by virtue of section 1 of the Police (Scotland) Act

1967.’.

Mr Vernon Coaker

8

Clause  8,  page  10,  line  41,  leave out ‘subsection (1ZB)’ and insert ‘subsections

(1ZB) and (1ZE)’.

Notices of Amendments: 27 January 2009

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Policing and Crime Bill, continued

Mr Vernon Coaker

9

Clause  8,  page  11,  line  15,  after ‘force.’ insert—

‘(1ZD)

Subsection (1ZE) applies if the chief constable of a Scottish police force (“the

Scottish authorising force”) has made an agreement under section 12(1) of the

Police (Scotland) Act 1967 with the chief constable of one or more other Scottish

police forces.

(1ZE)

A person who is a designated person for the purposes of section 28 or 29 by

reference to an office, rank or position with the Scottish authorising force may

grant an authorisation under that section on an application made by a member of

a collaborative force (subject to subsection (1ZF)).

(1ZF)

The person may grant the authorisation only if section 28(3)(a) or (c) or 29(3)(a)

or (c) applies to it.

(1ZG)

For the purposes of subsection (1ZE) a Scottish police force is a collaborative

force if—

(a)	its chief constable is a party to the agreement mentioned in subsection

(1ZD); and

(b)	its members are permitted by the terms of the agreement to make

applications for authorisations under section 28 or 29 to a person who is

a designated person for the purposes of that section by reference to an

office, rank or position with the Scottish authorising force.’.

Mr Vernon Coaker

10

Clause  8,  page  11,  line  16,  leave out ‘subsection (3ZB)’ and insert ‘subsections

(3ZB) and (3ZE)’.

Mr Vernon Coaker

11

Clause  8,  page  11,  line  36,  leave out ‘subsection (3ZB)’ and insert ‘subsections

(3ZA) and (3ZB)’.

Mr Vernon Coaker

12

Clause  8,  page  11,  line  43,  after ‘force.’ insert—

‘(3ZD)

Subsection (3ZE) applies if—

(a)	the chief constable of a Scottish police force (“the Scottish surveillance

authorising force”) has made an agreement under section 12(1) of the

Police (Scotland) Act 1967 with the chief constable of one or more other

Scottish police forces; and

(b)	an application for an authorisation for the carrying out of intrusive

surveillance is made by a member of a collaborative force.

(3ZE)

A person who is a senior authorising officer by reference to the Scottish

surveillance authorising force may—

(a)	grant the authorisation (subject to subsection (3ZF));

(b)	in a case where the authorisation is for the carrying out of intrusive

surveillance in relation to any residential premises, grant the

authorisation only in relation to premises in the area which is—

(i)	the area of operation of a collaborative force; and

(ii)	specified in relation to members of that force in the agreement

mentioned in subsection (3ZD).

(3ZF)

The person may grant the authorisation only if section 32(3)(a) or (c) applies to it.

Notices of Amendments: 27 January 2009

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Policing and Crime Bill, continued

(3ZG)

For the purposes of subsections (3ZD) and (3ZE) a Scottish police force is a

collaborative force if—

(a)	its chief constable is a party to the agreement mentioned in subsection

(3ZD); and

(b)	its members are permitted by the terms of the agreement to make

applications for authorisations for the carrying out of intrusive

surveillance to a person who is a senior authorising officer by reference

to the Scottish surveillance authorising force.’.

Mr Vernon Coaker

13

Clause  8,  page  12,  line  4,  after ‘force.’ insert—

‘(5B)

In subsections (1ZD) to (1ZG) and (3ZD) to (3ZG) a reference to a Scottish police

force is to a police force maintained under or by virtue of section 1 of the Police

(Scotland) Act 1967.’.

Mr Vernon Coaker

14

Schedule  6,  page  138,  line  6,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

15

Schedule  6,  page  138,  line  8,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

16

Schedule  6,  page  138,  line  10,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

17

Schedule  6,  page  138,  line  12,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

Mr Vernon Coaker

18

Schedule  6,  page  138,  line  14,  leave out ‘or (3B)’ and insert ‘, (3B) or (3DB)’.

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Revised 28 January 2009