Policing and Crime Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 12 — Redundant provisions etc
177

Part 11
Football spectators
70
In section 33 of the Serious Organised Crime and Police Act 2005 (c. 15)
(disclosure of information by SOCA), at the end of subsection (2)(e) insert
“or sections 104 to 106 of the Policing and Crime Act 2009”.
5
Part 12
Redundant provisions etc
Proof of intention to supply a controlled drug
71    (1)
The Misuse of Drugs Act 1971 (c. 38) is amended as follows.
      (2)
In section 5 (restriction of possession of controlled drugs) omit subsections
10
(4A) to (4C).
      (3)
In section 31 (general provisions as to regulations)—
(a)
in subsection (2) omit “, except as provided by subsection (2A),”, and
(b)
omit subsections (2A) and (4A).
      (4)
In section 38 (special provisions as to Northern Ireland) omit subsection
15
(1A).
Staff custody officers
72    (1)
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
      (2)
In section 30CA (bail under section 30A: variation of conditions by police),
in subsection (5) omit the following—
20
(a)
in paragraph (a)—
(i)
“, or a person designated as a staff custody officer under
section 38 of the Police Reform Act 2002,”, and
(ii)
“or officer”, and
(b)
in paragraph (b), “or officer”.
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      (3)
In section 36 (custody officers at police stations)—
(a)
for subsection (3) substitute—
“(3)
No officer may be appointed a custody officer unless the
officer is of at least the rank of sergeant.”,
(b)
in subsection (5) for “an individual” substitute “an officer”,
30
(c)
in subsection (7)—
(i)
in paragraph (a), omit “or a staff custody officer” and for
“such a person” substitute “such an officer”, and
(ii)
in paragraph (b), for “such person” substitute “such officer”,
(d)
in subsection (8) for “a person” substitute “an officer”, and
35
(e)
omit subsection (11).
      (4)
In section 39 (responsibilities in relation to persons detained)—
(a)
in subsection (6)(a) omit “(or, if the custody officer is a staff custody
officer, any police officer or any police employee)”, and
(b)
omit subsection (7).
40

Policing and Crime Bill
Schedule 7 — Minor and consequential amendments
Part 12 — Redundant provisions etc
178

      (5)
In section 55 (intimate searches), in the definition of “appropriate officer” in
subsection (17), omit paragraph (c) and the “or” immediately before it.
73    (1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/
3141 (N. I. 12)) is amended as follows.
      (2)
In Article 37 (custody officers at police stations)—
5
(a)
for paragraph (3) substitute—
“(3)
No police officer may be appointed a custody officer unless
the officer is of at least the rank of sergeant.”,
(b)
in paragraph (5) for “an individual” substitute “an officer”,
(c)
in paragraph (7)—
10
(i)
in sub-paragraph (a) omit “or a staff custody officer” and for
“such a person” substitute “such an officer”, and
(ii)
in sub-paragraph (b) for “such person” substitute “such
officer”,
(d)
in paragraph (8) for “a person” substitute “an officer”, and
15
(e)
omit paragraph (11).
      (3)
In Article 40 (responsibilities in relation to persons detained)—
(a)
in paragraph (6)(a) omit “(or, if the custody officer is a staff custody
officer, any police officer or any member of the police support staff)”,
and
20
(b)
omit paragraph (7).
74    (1)
The Police Reform Act 2002 (c. 30) is amended as follows.
      (2)
In section 38 (police powers for police authority employees) omit the
following—
(a)
subsection (2)(e),
25
(b)
subsection (6)(e), and
(c)
subsection (10).
      (3)
In Schedule 4 (powers exercisable by police civilians)—
(a)
omit Part 4A, and
(b)
in paragraph 36(2A), for “Parts 2 and 4A” substitute “Part 2”.
30
75    (1)
The Police (Northern Ireland) Act 2003 (c. 6) is amended as follows.
      (2)
In section 30 (police powers for designated police support staff), omit the
following—
(a)
subsection (1)(d),
(b)
subsection (6)(d), and
35
(c)
subsection (11).
      (3)
In Schedule 2 (powers exercisable by designated persons) omit Part 3A.
Secretary of State’s approval of devices for taking fingerprints and samples
76    (1)
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
      (2)
In section 61 (fingerprinting in England and Wales) omit subsection (8A).
40
      (3)
In section 63 (non-intimate samples in England and Wales) omit subsection
(9A) (inserted by the Criminal Justice and Police Act 2001).

Policing and Crime Bill
Schedule 8 — Repeals and revocations
Part 1 — Appointment of senior police officers
179

77    (1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S. I. 1989/
3141 (N. I. 12)) is amended as follows.
      (2)
In Article 61 (fingerprinting in Northern Ireland) omit paragraph (8B).
      (3)
In Article 63 (non-intimate samples in Northern Ireland) omit paragraph
(10A).
5
Additional time limits for prosecuting persons under 18
78
Omit section 22A of the Prosecution of Offences Act 1985 (c. 23).
Access to driver licensing records
79
Omit section 105(2)(b) of the Road Traffic Act 1988 (c. 52) (access to
particulars of disqualified drivers).
10
80
Omit section 36 of the Vehicles (Crime) Act 2001 (c. 3) (access to motor
insurance information).
81
Omit Article 81 of the Road Traffic (Northern Ireland) Order 2007 (S. I. 2007/
916 (N. I. 10)) (disclosure of information about insurance status of vehicles).
Minor amendment
15
82
In section 40B(7) of the Police Act 1996 (c. 16) (report about direction given
by Secretary of State), for “subsection (7)” substitute “subsection (6)”.
Local child curfew schemes
83    (1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
      (2)
Omit sections 14 and 15 (which make provision for local child curfew
20
schemes and for the enforcement of curfew notices).
      (3)
In section 16 (removal of truants to designated premises), in subsection (5),
in the definition of “public place”, for “section 14 above” substitute “Part 2 of
the Public Order Act 1986”.
Schedule 8
25
Section 111

Repeals and revocations
Part 1
Appointment of senior police officers

Reference
Extent of repeal

Police Act 1996
Section 54(3A).

30

Police Reform Act 2002 (c. 30)
Section 84.

Policing and Crime Bill
Schedule 8 — Repeals and revocations
Part 3 — Alcohol misuse
180

Part 2
Sexual offences

Short title and chapter
Extent of repeal or revocation

Street Offences Act 1959 (c. 57)
Section 2.

Children and Young Persons
In section 32(1C), the word “or” at the end of

5

Act 1969 (c. 54)
paragraph (c).

Bail Act 1976 (c. 63)
In section 4(3), the word “or” at the end of

paragraph (a).

Magistrates’ Courts Act 1980
In Schedule 7, paragraph 30.

(c. 43)

10

Child Abduction Act 1984
In the Schedule, the word “or” at the end of

(c. 37)
paragraph 2(1)(a).

Sexual Offences Act 1985 (c. 44)
The whole Act.

Road Traffic (Consequential
In Schedule 3, paragraph 29.

Provisions) Act 1988 (c. 54)

15

Children Act 1989 (c. 41)
In section 21(2), the word “or” at the end of

paragraph (c)(ii).

Sexual Offences Act 2003 (c. 42)
Section 115(6).

In Schedule 1, paragraphs 3 and 4.

Sexual Offences (Northern
In Article 58—

20

Ireland) Order 2008 (S.I. 1769
(a)
in paragraph (3), “In paragraph (2),”,

(N.I. 12))
and

(b)
paragraph (6).

1
The repeal in section 32(1C) of the Children and Young Persons Act 1969
extends to England and Wales, Scotland and Northern Ireland only.
25
2
The repeal of section 115(6) of the Sexual Offences Act 2003 extends to
England and Wales and Northern Ireland only.
Part 3
Alcohol misuse

Reference
Extent of repeal

30

Confiscation of Alcohol (Young
In section 1—

Persons) Act 1997 (c. 33)
(a)
in subsection (1), “and to state his name

and address”,

(b)
subsection (1A), and

(c)
in subsection (6), “and (1A)”.

35

Licensing Act 2003 (c. 17)
Section 155(1)(b) and (c).

Policing and Crime Bill
Schedule 8 — Repeals and revocations
Part 6 — Extradition
181

Part 4
Proceeds of crime: confiscation

Reference
Extent of repeal

Proceeds of Crime Act 2002
Section 45.

(c. 29)
In section 87(2), the words from “; and for” to

5

the end.

Section 126.

In section 153(2), the words from “; and for” to

the end.

Section 194.

10

In section 235(2), the words from “; and for” to

the end.

Serious Crime Act 2007 (c. 27)
Section 78.

Part 5
Proceeds of Crime: detained cash investigations
15

Reference
Extent of repeal

Civil Jurisdiction and
In section 18(2)(f), “or a detained cash

Judgments Act 1982 (c. 27)
investigation”.

Criminal Justice and Police Act
In section 64(3)(aa), “or a detained cash

2001 (c. 16)
investigation”.

20

Proceeds of Crime Act 2002
In section 343(3), “or a detained cash

investigation”.

In section 344(b), “or a detained cash

investigation”.

In section 350(5)(b), “or a detained cash

25

investigation”.

In section 351(8), “or a detained cash

investigation”.

In section 356—

(a)
in the title, “and detained cash”,

30

(b)
in subsection (1), “or detained cash

investigations”, and

(c)
subsections (11) and (12).

Serious Crime Act 2007
Section 80(5) and (6).

In Schedule 8, paragraph 107(3).

35

In Schedule 10, paragraphs 3 to 6, 9 and 26 to 28.

Part 6
Extradition

Reference
Extent of repeal

Extradition Act 2003 (c. 41)
Sections 143 and 144.

40

Section 151.

Policing and Crime Bill
Schedule 8 — Repeals and revocations
Part 8 — Safeguarding vulnerable groups and criminal records
182

Part 7
Security planning at airports

Reference
Extent of repeal

Aviation Security Act 1982
Section 25.

(c. 36)
Section 25A.

5

In section 26(2A), the word “and” at the end of

paragraph (a).

In section 31(1), the definition of designated

airport.

Part 8
10
Safeguarding vulnerable groups and criminal records

Reference
Extent of repeal

Police Act 1997 (c. 50)
In section 112(1)(a) “in the prescribed manner

and form”.

In section 113A(1)(a) “in the prescribed manner

15

and form”.

In section 113B(1)(a) “in the prescribed manner

and form”.

In section 114(1)(a) “in the prescribed manner”.

In section 116(1)(a) “in the prescribed manner”.

20

Criminal Justice and Police Act
Section 134(2)(b).

2001 (c. 16)

Criminal Justice Act 2003 (c. 44)
In Schedule 35, paragraph 2.

Serious Organised Crime and
In Schedule 14, paragraphs 4(a) and 8(a).

Police Act 2005 (c. 15)

25

Safeguarding Vulnerable
Section 30(3) and (5).

Groups Act 2006 (c. 47)
In section 31—

(a)
in subsections (2) and (3), paragraph (b)

and the “, and” immediately before it,

and

30

(b)
subsections (4) and (5).

Section 32(4) and (8).

Safeguarding Vulnerable
In Article 33—

Groups (Northern Ireland)
(a)
in paragraphs (2) and (3), sub-paragraph

Order 2007 (S.I. 2007/1351
(b) and the “, and” immediately before it,

35

(N.I. 11))
and

(b)
paragraphs (4) and (5).


Note: the repeals made by this Part of this Schedule in the Police Act 1997
extend to England and Wales and Northern Ireland only.

Policing and Crime Bill
Schedule 8 — Repeals and revocations
Part 11 — Football spectators
183

Part 9
Border control powers in relation to cash

Reference
Extent of repeal

Finance (No. 2) Act 1992 (c. 48)
In section 4—

(a)
in subsection (2), the “or” after “member

5

States;” at the end of paragraph (b), and

(b)
in subsection (5), the “and” after

“Economic Community;”.

Part 10
Offensive weapons
10

Reference
Extent of repeal

Criminal Justice Act 1988 (c. 33)
Section 141(4).

In section 141(5) and (8)—

(a)
paragraph (b), and

(b)
the “or” immediately before that

15

paragraph.

In section 141, in subsection (11A) as inserted by

the Violent Crime Reduction Act 2006—

(a)
paragraph (b), and

(b)
the “or” immediately before that

20

paragraph.

In section 141, in subsection (11A) as inserted by

the Custodial Sentences and Weapons

(Scotland) Act 2007, “Subject to subsection

(11C),”.

25

In section 141, in subsection (11D) as inserted by

the Violent Crime Reduction Act 2006—

(a)
in paragraph (a) “or from the prohibition

in subsection (4) above”, and

(b)
in paragraph (b) “, or for an offence

30

under section 50(2) or (3) of the Customs

and Excise Management Act 1979,”.

In section 141, subsections (11C) to (11E) as

inserted by the Custodial Sentences and

Weapons (Scotland) Act 2007.

35
Part 11
Football spectators

Reference
Extent of repeal or revocation

Football Spectators Act 1989
In section 14E(2), “in England and Wales”.

(c. 37)
In section 19(2B)(b), “if the match is outside the

40

United Kingdom”.