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| For other Amendment(s) see the following page(s) of Supplement to Votes:
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| 189-91, 235-36 and 255-56 |
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| Policing and Crime Bill, As Amended |
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| | Searches under Police and Criminal Evidence Act 1984 |
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| To move the following Clause:— |
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| | ‘The Secretary of State shall issue guidance amending Code Practice A relating |
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| | to the Police and Criminal Evidence Act 1984 (c. 60) to enable a constable to take |
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| | account of any previous conviction for carrying prohibited articles of a person |
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| | stopped under the Act when deteriming whether to carry out a search under |
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| | Community punishments for graffiti, fly-posting and rubbish dumping |
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| To move the following Clause:— |
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| | ‘(1) | The Anti Social Behaviour Act 2003 (c.38) is amended as follows. |
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| | (2) | After section 43 insert— |
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| | “43A | Community punishements for graffiti, fly-posting and rubbish |
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| | (1) | Where a police officer or police community support officer has reason to |
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| | believe that a person has committed a relevant offence in the area of that |
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| | authority, he may give that person a notice offering him the opportunity |
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| | of discharging any liability to conviction for that offence by the |
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| | completion of a community service punishment in accordance with the |
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| | (2) | In the case of a relevant offence falling within section 44(1)(f), an |
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| | authorised officer may not give a notice to a person under subsection (1) |
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| | in relation to the display of an advertisement unless he has reason to |
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| | believe that that person personally affixed or placed the advertisement to, |
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| | against or upon the land or object on which the advertisement is or was |
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| | (3) | Where a person is given a notice under subsection (1) in respect of an |
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| | (a) | no proceedings may be instituted for that offence (or any other |
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| | relevant offence arising out of the same circumstances) before |
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| | the expiration of the period of 14 days following the date of the |
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| | (b) | he may not be convicted of that offenec (or any other relevant |
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| | offence arising out of the same circumstances) if before the |
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| | expiration of that period he agrees in writing to undertake the |
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| | community punishment in accordance with the notice. |
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| | (4) | A notice under subsection (1) must give such particulars of the |
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| | circumstances alleged to constitute the offence as are necessary for |
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| | giving reasonable information of the offence. |
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| | (5) | A notice under subsection (1) must also state— |
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| | (a) | the period during which, by virtue of subsection (3), proceedings |
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| | will be instituted for the offence, |
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| | (b) | the number of hours which the person is required to work, which |
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| | (c) | the period during which the hours must be worked, provided that |
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| | it shall not commence more than two months from the date on |
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| | which the notice is agreed to under subsection (3)(b), and |
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| | (d) | the officer of a provider of probation services or, in the case of a |
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| | person aged under 18, the member of a youth offending team to |
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| | whom the person must report, and the time by which he must so |
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| | (6) | The authorised officer issuing the notice under subsection (1) must give |
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| | a copy of the notice to the officer specified in accordance with subsection |
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| | (5)(d) to whom the person must report and any other information relating |
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| | to the case which he considers likely to be of assistance. |
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| | (7) | A notice under subsection (1) must be in such form as the appropriate |
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| | person may by order prescribe. |
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| | (8) | The provisions of section 47 of the Powers of Criminal Courts |
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| | (Sentencing) Act 200 (c. 6) (obligations of person subject to community |
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| | punishment order) shall apply in respect of a community punishment |
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| | (3) | In section 44, after subsection 1(f) insert— |
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| | “(g) | an offence under section 87 (1) of the Environmental Protection |
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| | Act 1990 (c. 43) (offence of leaving litter).”’. |
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