House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 26 February 2009
95

Policing and Crime Bill, continued

(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

Not selected  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 Proceedings: 26 February 2009
96

Policing and Crime Bill, continued

Destruction of samples etc: England and Wales

Paul Holmes

Dr Evan Harris

Not selected  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Section 82 of the Criminal Justice and Police Act 2001 is repealed.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Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.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

Not selected  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.

Public Bill Committee Proceedings: 26 February 2009
97

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

Not selected  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

Agreed to  NS2

To move the following Schedule:—

Public Bill Committee Proceedings: 26 February 2009
98

Policing and Crime Bill, continued

‘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.

Public Bill Committee Proceedings: 26 February 2009
99

Policing and Crime Bill, continued

      (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

Not selected  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.

Public Bill Committee Proceedings: 26 February 2009
100

Policing and Crime Bill, continued

(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”,

Public Bill Committee Proceedings: 26 February 2009
101

Policing and Crime Bill, continued

(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

Agreed to  307

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

Ireland) Order 2007’.

Mr Vernon Coaker

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

proceedings of the Committee.

                    Agreed to

Bill, as amended, to be reported.