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Consideration of Bill: 19 May 2009                     

936

 

Policing and Crime Bill, continued

 
 

Secretary Jacqui Smith

 

44

 

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.’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

147

 

Page  6,  line  41  [Clause  5],  at end insert ‘and a collaboration agreement shall

 

include procedures for achieving a settlement of all outstanding financial and legal

 

liabilities between parties upon a party terminating its contractual obligations under a

 

collaboration agreement’.

 


 

Secretary Jacqui Smith

 

45

 

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.’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

148

 

Page  8,  line  17  [Clause  5],  at end insert—

 

‘(3)    

The period of notice shall be such as the Secretary of State sees fit.’.

 


 

Secretary Jacqui Smith

 

114

 

Page  166,  line  38  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

 

Secretary Jacqui Smith

 

115

 

Page  166,  line  40  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

 



 
 

Consideration of Bill: 19 May 2009                     

937

 

Policing and Crime Bill, continued

 
 

Secretary Jacqui Smith

 

116

 

Page  167,  line  2  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

 

Secretary Jacqui Smith

 

117

 

Page  167,  line  4  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

 

Secretary Jacqui Smith

 

118

 

Page  167,  line  6  [Schedule  7],  leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’.

 


 

Remaining Proceedings on consideration

 

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 determining 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 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


 
 

Consideration of Bill: 19 May 2009                     

938

 

Policing and Crime Bill, continued

 
 

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).”’.

 



 
 

Consideration of Bill: 19 May 2009                     

939

 

Policing and Crime Bill, continued

 
 

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:—

 

‘(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,


 
 

Consideration of Bill: 19 May 2009                     

940

 

Policing and Crime Bill, continued

 
 

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.

 

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.


 
 

Consideration of Bill: 19 May 2009                     

941

 

Policing and Crime Bill, continued

 
 

(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

 

Police Act 2005

 

Mr Andrew Dismore

 

Dr Evan Harris

 

NC16

 

To move the following Clause:—


 
 

Consideration of Bill: 19 May 2009                     

942

 

Policing and Crime Bill, continued

 
 

‘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)).

 

(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.


 
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