267

House of Commons

Notices of Amendments

given on

Wednesday 4 March 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

189-91, 235-36 and 255-56

Consideration of Bill

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Policing and Crime Bill, As Amended

Searches under Police and Criminal Evidence Act 1984

David T C Davies

NC8

To move the following Clause:—

‘The Secretary of State shall issue guidance amending Code Practice A relating

to the Police and Criminal Evidence Act 1984 (c. 60) to enable a constable to take

account of any previous conviction for carrying prohibited articles of a person

stopped under the Act when deteriming whether to carry out a search under

Section 1 of the Act.’.

Community punishments for graffiti, fly-posting and rubbish dumping

John Hemming

NC9

To move the following Clause:—

‘(1)	The Anti Social Behaviour Act 2003 (c.38) is amended as follows.

(2)	After section 43 insert—

“43A	Community punishements for graffiti, fly-posting and rubbish

dumping

(1)	Where a police officer or police community support officer 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)	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)

Notices of Amendments: 4 March 2009

268

Policing and Crime Bill, continued

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.

(3)	Where a person is given a notice under subsection (1) in respect of an

offence—

(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 offenec (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.

(4)	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.

(5)	A notice under subsection (1) must also state—

(a)	the period during which, by virtue of subsection (3), proceedings

will 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 (3)(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.

(6)	The authorised officer issuing the notice under subsection (1) must give

a copy of the notice to the officer specified in accordance with subsection

(5)(d) to whom the person must report and any other information relating

to the case which he considers likely to be of assistance.

(7)	A notice under subsection (1) must be in such form as the appropriate

person may by order prescribe.

(8)	The provisions of section 47 of the Powers of Criminal Courts

(Sentencing) Act 200 (c. 6) (obligations of person subject to community

punishment order) shall apply in respect of a community punishment

notice.”

(3)	In section 44, after subsection 1(f) insert—

“(g)	an offence under section 87 (1) of the Environmental Protection

Act 1990 (c. 43) (offence of leaving litter).”’.

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Revised 5 March 2009