|
| |
| | |
| | |
| |
| | |
| | |
| | |
| | For other Amendment(s) see the following page(s) of Supplement to Votes:
|
|
| | 189-91, 235-36, 255-56, 267-68, 275, 295, 309-10, 595-99, 603-04, 765-67 and 775-76 |
|
| | |
| | Policing and Crime Bill, As Amended |
|
| | | Penalty for contravening notice relating to encrypted information |
|
| | |
| | | |
| | To move the following Clause:— |
|
| | | ‘(1) | Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to |
|
| | | comply with notice relating to encrypted information) is amended as follows. |
|
| | | (2) | In subsection (5A)(a) after “case” insert “or a child indecency case”. |
|
| | | (3) | After subsection (5B) insert— |
|
| | | “(6) | In subsection (5A) “a child indecency case” means a case in which the |
|
| | | grounds specified in the notice to which the offence relates as the grounds |
|
| | | for imposing a disclosure requirement were or included a belief that the |
|
| | | imposition of the requirement was necessary for the purpose of |
|
| | | preventing or detecting an offence under any of the provisions listed in |
|
| | | |
| | | (7) | Those provisions are— |
|
| | | (a) | section 1 of the Protection of Children Act 1978 (showing or |
|
| | | taking etc an indecent photograph of a child: England and |
|
| | | |
| | | (b) | Article 3 of the Protection of Children (Northern Ireland) Order |
|
| | | 1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for |
|
| | | |
| | | (c) | section 52 or 52A of the Civic Government (Scotland) Act 1982 |
|
| | | (showing or taking etc or possessing an indecent photograph of |
|
| | | |
| | | (d) | section 160 of the Criminal Justice Act 1988 (possessing an |
|
| | | indecent photograph of a child: England and Wales); |
|
| | | (e) | Article 15 of the Criminal Justice (Evidence, Etc.) (Northern |
|
| | | Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding |
|
| | | offence for Northern Ireland).” |
|
|
| |
| | |
| | |
| |
| | | (4) | The amendments made by this section apply in relation to cases in which the |
|
| | | section 49 notice was given after the commencement of this section.’. |
|
| | |
| | | |
| | Page 6, line 4 [Clause 5], leave out subsection (4) and insert— |
|
| | | ‘(4) | A police authority may make an agreement which includes provision about the |
|
| | | discharge of functions by employees who are under the direction and control of a |
|
| | | chief officer only with the approval of that chief officer.’. |
|
| | |
| | | |
| | Page 8, line 15 [Clause 5], at end insert— |
|
| | | ‘(1A) | A notice under this section may provide for the termination of the agreement with |
|
| | | immediate effect or at the end of a specified period.’. |
|
| | |
| | | |
| | Page 15, line 27 [Clause 13], leave out ‘controlled for gain’ and insert ‘subjected to |
|
| | |
| | |
| | | |
| | Page 15, line 30 [Clause 13], leave out from ‘(B),’ to end of line 32 and insert— |
|
| | | ‘(b) | a third person (C) has used force, deception or threats of a kind likely to |
|
| | | induce or encourage B to provide the sexual services for which A has |
|
| | | made or promised payment, and |
|
| | | (c) | C acted for or in the expectation of gain for C or another person (apart |
|
| | | |
| | |
| | | |
| | Page 15, line 36 [Clause 13], leave out ‘any of B’s activities are controlled for |
|
| | gain’ and insert ‘C has used force, deception or threats’. |
|
| | |
| | | |
| | Page 16, line 1 [Clause 13], leave out subsection (3). |
|
| | |
| | | |
| | Page 16, line 8 [Clause 14], leave out ‘controlled for gain’ and insert ‘subjected to |
|
| | |
| | |
| | | |
| | Page 16, line 11 [Clause 14], leave out from ‘(B),’ to end of line 13 and insert— |
|
| | | ‘(b) | a third person (C) has used force, deception or threats of a kind likely to |
|
| | | induce or encourage B to provide the sexual services for which A has |
|
| | | made or promised payment, and |
|
| | | (c) | C acted for or in the expectation of gain for C or another person (apart |
|
| | | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 16, line 17 [Clause 14], leave out ‘any of B’s activities are controlled for |
|
| | gain’ and insert ‘C has used force, deception or threats’. |
|
| | |
| | | |
| | Page 16, line 19 [Clause 14], leave out subsection (3). |
|
| | |
| | | |
| | Page 22, line 1 [Clause 25], leave out from ‘which’ to end of line 3 and insert ‘the |
|
| | provision of relevant entertainment as mentioned in sub-paragraph (1) is such that, at the |
|
| | time in question and including any relevant entertainment which is being so provided at |
|
| | |
| | | (i) | there have not been more than eleven occasions on which |
|
| | | relevant entertainment has been so provided which fall |
|
| | | (wholly or partly) within the period of 12 months ending with |
|
| | | |
| | | (ii) | no such occasion has lasted for more than 24 hours; and |
|
| | | (iii) | no such occasion has begun within the period of one month |
|
| | | beginning with the end of any previous occasion on which |
|
| | | relevant entertainment has been so provided (whether or not |
|
| | | that previous occasion falls within the 12 month period |
|
| | | mentioned in sub-paragraph (i));’. |
|
| | |
| | | |
| | Page 22, line 5 [Clause 25], at end insert— |
|
| | | ‘(3A) | The relevant national authority may by order amend or repeal sub-paragraph |
|
| | | |
| | | (3B) | But no order under sub-paragraph (3A) may— |
|
| | | (a) | increase the number or length of occasions in any period on which sub- |
|
| | | paragraph (3)(b) as originally enacted would permit relevant |
|
| | | entertainment to be provided; or |
|
| | | (b) | provide for shorter intervals between such occasions.’. |
|
| | |
| | | |
| | Page 22, line 17 [Clause 25], at end insert— |
|
| | | ‘(5A) | A statutory instrument containing an order under sub-paragraph (3A) may not |
|
| | | be made by the Secretary of State unless a draft of the instrument has been laid |
|
| | | before, and approved by a resolution of, each House of Parliament.’. |
|
| | |
| | | |
| | Page 22, line 18 [Clause 25], leave out ‘this paragraph’ and insert ‘sub-paragraph |
|
| | |
| | |
| | | |
| | Page 22, line 20 [Clause 25], at end insert— |
|
|
| |
| | |
| | |
| |
| | | ‘(6A) | A statutory instrument containing an order under sub-paragraph (3A) may not |
|
| | | be made by the Welsh Ministers unless a draft of the instrument has been laid |
|
| | | before, and approved by a resolution of, the National Assembly for Wales.’. |
|
| | |
| | | |
| | Page 22, line 21 [Clause 25], leave out ‘this paragraph’ and insert ‘sub-paragraph |
|
| | |
| | |
| | | |
| | Page 26, line 19 [Clause 32], leave out from first ‘of’ to end of line 20 and insert ‘, |
|
| | or is otherwise related to, the activities of a group that— |
|
| | | (a) | consists of at least 3 people, |
|
| | | (b) | uses a name, emblem or colour or has any other characteristic that |
|
| | | enables its members to be identified by others as a group, and |
|
| | | (c) | is associated with a particular area.’. |
|
| | |
| | | |
| | Page 28, line 4 [Clause 36], leave out subsections (2) to (4) and insert— |
|
| | | ‘( ) | The consultation requirement is that the applicant must consult— |
|
| | | (a) | any local authority, and any chief officer of police, that the applicant |
|
| | | thinks it appropriate to consult, and |
|
| | | (b) | any other body or individual that the applicant thinks it appropriate to |
|
| | | |
| | |
| | | |
| | Page 31, line 5 [Clause 45], at end insert— |
|
| | | ‘( ) | The Secretary of State must lay any guidance issued or revised under this section |
|
| | | |
| | |
| | | |
| | Page 31, line 24 [Clause 47], at end insert— |
|
| | | ‘“consultation requirement” has the meaning given by section 36(2);’. |
|
| | |
| | | |
| | Page 33, line 36 [Clause 49], leave out paragraph (a). |
|
| | |
| | | |
| | Page 34, line 38 [Clause 50], leave out ‘126,’. |
|
| | |
| | | |
| | Page 35, line 42 [Clause 51], leave out paragraph (a). |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 38, line 36 [Clause 52], at end insert— |
|
| | | | ‘Section 47B(11) is subject to this subsection.’. |
|
| | |
| | | |
| | Page 41, line 33 [Clause 52], leave out ‘this section’ and insert ‘section 52 of the |
|
| | Policing and Crime Act 2009’. |
|
| | |
| | | |
| | Page 42, line 16 [Clause 52], leave out subsection (3). |
|
| | |
| | | |
| | Page 43, line 39 [Clause 52], leave out subsection (5). |
|
| | |
| | | |
| | Page 44, line 31 [Clause 52], leave out subsection (3). |
|
| | |
| | | |
| | Page 45, line 15 [Clause 52], at end insert— |
|
| | | ‘47QA | Release of property |
|
| | | (1) | This section applies in relation to property which— |
|
| | | (a) | has been seized by an appropriate officer under section 47C, and |
|
| | | (b) | is detained under or by virtue of any of sections 47J to 47M and 47P. |
|
| | | (2) | The property must be released if at any time an appropriate officer decides that |
|
| | | the the detention condition is no longer met. |
|
| | | (3) | The detention condition is met for so long as— |
|
| | | (a) | any of the conditions in section 47B is met, and |
|
| | | (b) | there are reasonable grounds for the suspicion mentioned in |
|
| | | |
| | | (4) | Nothing in this section requires property to be released if there is a power to |
|
| | | detain it otherwise than under or by virtue of sections 47J to 47M and 47P. |
|
| | | (5) | Nothing in this section affects the operation of any power or duty to release |
|
| | | property that arises apart from this section.’. |
|
| | |
| | | |
| | Page 45, line 15 [Clause 52], at end insert— |
|
| | | ‘Code of practice about search and seizure and detention of property’. |
|
| | |
| | | |
| | Page 45, line 23 [Clause 52], after ‘41A’, insert ‘, 44A’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 45, line 24 [Clause 52], leave out ‘47M’ and insert ‘47P’. |
|
| | |
| | | |
| | Page 48, line 14 [Clause 53], at end insert— |
|
| | | | ‘Section 127B(11) is subject to this subsection.’. |
|
| | |
| | | |
| | Page 51, line 11 [Clause 53], leave out ‘this section’ and insert ‘section 53 of the |
|
| | Policing and Crime Act 2009’. |
|
| | |
| | | |
| | Page 51, line 39 [Clause 53], leave out subsection (3). |
|
| | |
| | | |
| | Page 54, line 23 [Clause 53], at end insert— |
|
| | | ‘127PA | Release of property |
|
| | | (1) | This section applies in relation to property which— |
|
| | | (a) | has been seized by an appropriate officer under section 127C, and |
|
| | | (b) | is detained under or by virtue of any of sections 127J to 127M and 127P. |
|
| | | (2) | The property must be released if at any time an appropriate officer decides that |
|
| | | the the detention condition is no longer met. |
|
| | | (3) | The detention condition is met for so long as— |
|
| | | (a) | any of the conditions in section 127B is met, and |
|
| | | (b) | there are reasonable grounds for the suspicion mentioned in |
|
| | | |
| | | (4) | Nothing in this section requires property to be released if there is a power to |
|
| | | detain it otherwise than under or by virtue of sections 127J to 127M and 127P. |
|
| | | (5) | Nothing in this section affects the operation of any power or duty to release |
|
| | | property that arises apart from this section.’. |
|
| | |
| | | |
| | Page 54, line 23 [Clause 53], at end insert— |
|
| | | ‘Guidance about search and seizure and detention of property’. |
|
| | |
| | | |
| | Page 54, line 30 [Clause 53], after ‘120A’, insert ‘, 122A’. |
|
| | |
| | | |
| | Page 54, line 31 [Clause 53], leave out ‘127M’ and insert ‘127P’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 57, line 11 [Clause 54], at end insert— |
|
| | | | ‘Section 195B(11) is subject to this subsection.’. |
|
| | |
| | | |
| | Page 60, line 5 [Clause 54], leave out ‘this section’ and insert ‘section 54 of the |
|
| | Policing and Crime Act 2009’. |
|
| | |
| | | |
| | Page 60, line 34 [Clause 54], leave out subsection (3). |
|
| | |
| | | |
| | Page 62, line 9 [Clause 54], leave out subsection (5). |
|
| | |
| | | |
| | Page 63, line 1 [Clause 54], leave out subsection (3). |
|
| | |
| | | |
| | Page 63, line 31 [Clause 54], at end insert— |
|
| | | ‘195QA | Release of property |
|
| | | (1) | This section applies in relation to property which— |
|
| | | (a) | has been seized by an appropriate officer under section 195C, and |
|
| | | (b) | is detained under or by virtue any of any of sections 195J to 195M and |
|
| | | |
| | | (2) | The property must be released if at any time an appropriate officer decides that |
|
| | | the the detention condition is no longer met. |
|
| | | (3) | The detention condition is met for so long as— |
|
| | | (a) | any of the conditions in section 195B is met, and |
|
| | | (b) | there are reasonable grounds for the suspicion mentioned in |
|
| | | |
| | | (4) | Nothing in this section requires property to be released if there is a power to |
|
| | | detain it otherwise than under or by virtue of sections 195J to 195M and 195P. |
|
| | | (5) | Nothing in this section affects the operation of any power or duty to release |
|
| | | property that arises apart from this section.’. |
|
| | |
| | | |
| | Page 63, line 31 [Clause 54], at end insert— |
|
| | | ‘Code of practice about search and seizure and detention of property’. |
|
| | |
| | | |
| | Page 63, line 39 [Clause 54], after ‘190A’, insert ‘, 193A’. |
|
|
