House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 15 May 2009
836

Policing and Crime Bill, continued

“43A
Community punishments 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)

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.”

Notices of Amendments: 15 May 2009
837

Policing and Crime Bill, continued

(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).”’.

Offence of travelling on railway without valid ticket

David T. C. Davies

NC10

To move the following Clause:—

‘(1)
The Criminal Justice and Police Act 2001 (c. 16) is amended as follows.

(2)
In section 1 (offences leading to penalties on the spot) after second entry in the

table in subsection (1), insert—

section 5(3)(a) of the Regulation
Travelling on railway without

of Railways Act 1889 (c. 57)
having previously paid his fare.

(3)
The Secretary of State must publish revised guidance on Penalty Notices for

disorder to insert the offence of travelling on the railway without a valid ticket in

the list of upper tier offences carrying a penalty of £80.’.

Controlled drugs: prohibition of supply of articles etc

John McDonnell

Paul Flynn

Mike Wood

NC11

To move the following Clause:—

‘In the Misuse of Drugs Act 1971 (c.38) omit section 9A (Prohibition of supply

etc. of articles for administering or preparing controlled drugs)’.

Controlled drugs: exemption for healthcare professionals

John McDonnell

Paul Flynn

Mike Wood

Dr Brian Iddon

NC12

To move the following Clause:—

Notices of Amendments: 15 May 2009
838

Policing and Crime Bill, continued

‘(1)
In the Misuse of Drugs Act 1971 (c.38) section 9A (Prohibition of supply etc. of

articles for administering or preparing controlled drugs) is amended as follows.

(2)
At end insert—

“(7)
This section does not apply to any healthcare professional or person

employed or engaged in the lawful provision of drug treatment services,

who may supply any items that he considers has the potential to reduce

drug-related harms.”’.

Hatred against uniformed military personnel on official duties

David T. C. Davies

NC13

To move the following Clause:—

‘In the Public Order Act 1986 (c. 64), after Part 3, insert—

“Part 3B

Hatred against uniformed military personnel on official duties

Acts intended to stir up hatred of uniformed military personnel on official duties

29O
Use of words or behaviour or display of written material

(1)
A person who uses threatening words or behaviour, or displays any

written material which is threatening, is guilty of an offence if he intends

thereby to stir up hatred against uniformed military personnel on official

duties.

(2)
An offence under this section may be committed in a public or a private

place, except that no offence is committed where the words or behaviour

are used, or the written material is displayed, by a person inside a

dwelling and are not heard or seen except by other persons in that or

another dwelling.

(3)
A constable may arrest without warrant anyone he reasonably suspects is

committing an offence under this section.

(4)
In proceedings for an offence under this section it is a defence for the

accused to prove that he was inside a dwelling and had no reason to

believe that the words or behaviour used, or the written material

displayed, would be heard or seen by a person outside that or any other

dwelling.

29P
Publishing or distributing written material

(1)
A person who publishes of distributes written material which is

threatening is guilty of an offence if he intends thereby to stir up hatred

against uniformed military personnel on official duties.

(2)
References in this Part to the publication or distribution of written

material are to its publication or distribution to the public or a section of

the public.

Notices of Amendments: 15 May 2009
839

Policing and Crime Bill, continued

29Q
Procedure and punishment

(1)
For the purposes of the rules in England and Wales against charging more

than one offence in the same count or information, each of sections 29B

to 29G creates one offence.

(2)
A person guilty of an offence under this Part is liable—

(a)
on conviction on indictment to imprisonment for a term not

exceeding seven years or a fine or both;

(b)
on summary conviction to imprisonment for a term not

exceeding 12 months and one day or a fine not exceeding the

statutory maximum or both.”.’.

Human rights framework for Inspectorate

Mr Andrew Dismore

Dr Evan Harris

NC14

To move the following Clause:—

‘After section 54(2A) of the Police Act 1996 (c. 16) (inspection and report powers

of inspectors of constabulary) insert—

“(2AA)
The Inspectors of Constabulary shall inspect and report to the Secretary

of State on a police authority’s performance of its duties to monitor the

performance of its police force in complying with the duties imposed by

the Human Rights Act 1998 and to promote equality and diversity within

its police force and within the authority.”.’.

Offence of trespassing: designation of sites

Mr Andrew Dismore

Dr Evan Harris

NC15

To move the following Clause:—

‘(1)
Section 128 of the Serious Organised Crime and Police Act 2005 (c. 15) is

amended as follows.

(2)
In subsection (3)(c), after “appropriate”, insert “and necessary”’.

Protest around Parliament: repeal of provisions in the Serious Organised Crime and

Notices of Amendments: 15 May 2009
840

Policing and Crime Bill, continued

Police Act 2005

Mr Andrew Dismore

Dr Evan Harris

NC16

To move the following Clause:—

‘In the Serious Organised Crime and Police Act 2005 (c. 15), sections 132 to 138

are repealed.’.

Imposing conditions on public assemblies in Parliament

Mr Andrew Dismore

Dr Evan Harris

NC17

To move the following Clause:—

‘(1)
The Public Order Act 1986 (c. 64) is amended as follows.

(2)
At the end of section 14(1)(a) insert “, if it takes place in the designated area or

areas, it is a security risk, or”.

(3)
After section 14(1)(b) insert—

“(c)
it is taking place or will take place in the designated area or areas

and will seriously impede, or be likely to seriously impede,

access to the Houses of Parliament,”.

(4)
After section 14(2) insert—

“(2A)
In subsection (1) “the designated area or areas” means the area or areas

specified as such by the Secretary of State—

(a)
by description, by reference to a map, or in any other way; and

(b)
which lie within 300 metres of the perimeter of the Palace of

Westminster or Portcullis House”.’.

Prohibition on unauthorised police entry to Member of Parliament’s office in House of

Commons

Mr William Cash

Mark Fisher

Mr Richard Shepherd

Andrew Mackinlay

Mr Bernard Jenkin

NC18

To move the following Clause:—

‘(1)
No police officer, constable or person authorised by a police officer or constable

may enter and search an office of a Member of Parliament, or seize material from

such office, within the precincts of the House of Commons without the express

consent of the Member (subject to subsection (5)).

Notices of Amendments: 15 May 2009
841

Policing and Crime Bill, continued

(2)
Consent under subsection (1) may be sought only after reasonable notice in

writing of the specific reason for and timing of the intended entry, and details of

the material sought, has been given to the Member by the police officer, constable

or authorised person.

(3)
If the Member refuses his consent, he must immediately inform the Committee

on Standards and Privileges of the House of Commons by notice to the clerk of

the Committee.

(4)
The Committee on Standards and Privileges must—

(a)
consider the matter as soon as reasonably practicable, and

(b)
report to the House of Commons its opinion as to whether the refusal was

unreasonable, having regard to the question whether the matters subject

to investigation related exclusively to the Member’s parliamentary

duties.

(5)
If the Committee on Standards and Privileges has reported that in its opinion the

refusal was unreasonable, the House of Commons may by resolution authorise

the intended entry, search and seizure and may impose such conditions as it thinks

fit for the purpose.

(6)
Standing Orders may make further provision about the matters dealt with in

subsections (3) to (5).

(7)
For the avoidance of doubt, this section has effect notwithstanding any provision

in the Police and Criminal Evidence Act 1984 or any code of practice under that

Act or any provision in or under any enactment, instrument or convention.

(8)
Nothing in this section affects Article IX of the Bill of Rights 1689.

(9)
For the purposes of subsection (1) the extent of the precincts of the House of

Commons shall be such as that House may from time to time determine by

resolution, and shall include the chamber of the House and offices occupied by

Members of the House.’.

Annual review of injunctions

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

NC19

To move the following Clause:—

‘An injunction granted under section 32 is subject to an annual review hearing by

the court, to which the applicant and the respondent shall be permitted to attend

and to make written and oral submissions.’.

Notices of Amendments: 15 May 2009
842

Policing and Crime Bill, continued

Interim injunctions: duration

Mr Andrew Dismore

Dr Evan Harris

Mr Virendra Sharma

NC20

To move the following Clause:—

‘(1)
An interim injunction granted under sections 38 or 39 must include the period for

which it shall have effect.

(2)
The period specified in subsection (1) above must not exceed four weeks.

(3)
Interim injunctions granted under sections 38 or 39 may not be renewed.’.

Paying for sexual services of a prostitute known to be trafficked or coerced: England and

Wales

Dr Evan Harris

Lynne Jones

John McDonnell

NC25

To move the following Clause:—

‘After section 53 of the Sexual Offences Act 2003 (c. 42) insert—

“53A
Paying for sexual services of a prostitute known to be trafficked or

coerced: England and Wales

(1)
A person (A) commits an offence if—

(a)
A makes or promises payment for, or uses, the sexual services of

prostitute (B), and

(b)
A knows, or ought to know,

(i)
that B is the victim of trafficking.

(ii)
that the sexual services have been provided through

coercion of B,

(iii)
that B has provided sexual services in order to gain

access to controlled drugs, or

(iv)
that a third party has influenced the activity of B by

direction or instruction in circumstances where B does

not freely consent to such direction or instruction.

(2)
It is irrelevant where the sexual services have been or will be provided.

(3)
In this section, ‘trafficking’ means the recruitment, transportation,

transfer, harbouring or receipt of persons, by means of the threat or use

of force or other forms of coercion, of abduction, of fraud, of deception,

of the abuse of power or of a position of vulnerability or of the giving or

receiving of payments or benefits to achieve the consent of a person

having control over another person, for the purpose of exploitation.

(4)
In this section, ‘coercion of B’ includes—

(a)
violence against B or another person,

(b)
threats against B or another person, or