House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

831

House of Commons

Notices of Amendments

given up to and including

Friday 15 May 2009

New Amendments handed in are marked thus

Consideration of Bill

Policing and Crime Bill, As Amended

new clauses

Penalty for contravening notice relating to encrypted information

Secretary Jacqui Smith

NC22

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

subsection (7).

(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

Wales);

(b)
Article 3 of the Protection of Children (Northern Ireland) Order

1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for

Northern Ireland);

(c)
section 52 or 52A of the Civic Government (Scotland) Act 1982

(showing or taking etc or possessing an indecent photograph of

a child: Scotland);

(d)
section 160 of the Criminal Justice Act 1988 (possessing an

indecent photograph of a child: England and Wales);

Notices of Amendments: 15 May 2009
832

Policing and Crime Bill, continued

(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.’.

Destruction of samples etc: England and Wales

Chris Huhne

Paul Holmes

Dr Evan Harris

Jenny Willott

David Howarth

NC1

To move the following Clause:—

‘(1)
Section 82 of the Criminal Justice and Police Act 2001 is repealed.

(2)
Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.

(3)
After Section 64A of the Police and Criminal Evidence Act 1984 (c. 60) insert—

“64B
Destruction of fingerprints and samples etc

(1)
After a person is released without charge or acquitted of the offence for

which a sample has been taken that sample shall be destroyed within one

month of the fingerprints or samples being taken or the person being

acquitted, unless the offence was of a violent or sexual nature.

(2)
If the offence was of a violent or sexual nature that sample must be held

for a period of three years, after which it must be destroyed.

(3)
This section applies to the following material—

(a)
photographs falling within a description specified in the

regulations,

(b)
fingerprints taken from a person in connection with the

investigation of an offence,

(c)
impressions of footwear so taken from a person,

(d)
DNA and other samples so taken from a person,

(e)
information derived from DNA samples so taken from a person.

(4)
For the purposes of this section—

(a)
“photograph” includes a moving image,and

(b)
the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.”’.

Notices of Amendments: 15 May 2009
833

Policing and Crime Bill, continued

Destruction of samples etc: service offences

Chris Huhne

Paul Holmes

Dr Evan Harris

Jenny Willott

David Howarth

NC2

To move the following Clause:—

‘(1)
Section 113 of the Police and Criminal Evidence Act 1984 (c. 60) (application to

armed forces) is amended as follows—

(2)
After subsection (1) insert—

“(1A)
After a person is released without charge or acquitted of the offence for

which a sample has been taken that sample shall be destroyed within one

month of the fingerprints or sample being taken or the person being

acquitted, unless the offence was of a violent or sexual nature.

(2)
If the offence was of a violent or sexual nature that sample must be held

for a period of three years, after which it must be destroyed.”’.

Destruction of samples etc (Northern Ireland)

Chris Huhne

Paul Holmes

Dr Evan Harris

Jenny Willott

David Howarth

NC3

To move the following Clause:—

‘(1)
That Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/

3141 (N.I 12)) is amended as follows—

(2)
After Article 64A insert—

“Destruction of samples etc

“(1)
After a person is not charged or acquitted of the offence for which a

sample has been taken that sample shall be destroyed within one month

of the fingerprints or samples being taken or the person being acquitted,

unless the offence was of a violent or sexual nature.

(2)
If the offence was of a violent or sexual nature that sample should be held

for a period of three years, and then be destroyed.

(3)
This section applies to the following material—

(a)
photographs falling within a description specified in the

regulations,

(b)
fingerprints taken from a person in connection with the

investigation of an offence,

(c)
impressions of footwear so taken from a person,

Notices of Amendments: 15 May 2009
834

Policing and Crime Bill, continued

(d)
DNA and other samples so taken from a person,

(e)
information derived from DNA samples so taken from a person.

(4)
For the purposes of this section—

(a)
“photograph” includes a moving image, and

(b)
the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.”’.

Loitering: decriminalisation of under 18 year olds

Dr Evan Harris

NC4

To move the following Clause:—

‘(1)
The Street Offences Act 1959 (c. 57) is amended as follows.

(2)
In subsection (1) of section 1, after “prostitute”, insert “aged 18 or over”’.

Protection of children (encrypted material)

Sir Paul Beresford

Chris Grayling

Mr Dominic Grieve

Mr John Randall

James Brokenshire

Mr David Ruffley

NC7

To move the following Clause:—

‘(1)
Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to

comply with a notice) is amended as follows—

(a)
in subsection 5A, after paragraph (a), insert—

“(aa)
where subsection 5C applies, five years;”,

(b)
after subsection 5B, insert—

“(5C)
This section applies where—

(a)
the offender has been previously convicted of a relevant

sexual offence,

(b)
an indecent photograph of a child as been found in his

possession, or

(c)
the court is satisfied that it is more likely than not that the

protected information may contain an indecent

photograph of a child.

(5D)
For the purposes of subsection (5C)—

“relevant sexual offence” means an offence under—

Notices of Amendments: 15 May 2009
835

Policing and Crime Bill, continued

(a)
section 1 of the Protection of Children Act 1978 (c. 37)

(indecent photographs of children);

(b)
section 160 of the Criminal Justice Act 1988 (c. 33)

(possession of indecent photographs of a child);

(c)
section 170 of the Customs and Excise Management Act

1979 (c. 2) (penalty for fraudulent evasion of duty etc) in

relation to goods prohibited to be imported under section

42 of the Customs Consolidation Act 1876 (c. 36)

(indecent or obscene articles), if the prohibited goods

included indecent photographs of persons under 16;

(d)
sections 48 to 50 of the Sexual Offences Act 2003 (c. 42)

(abuse of children through prostitution or pornography)

where the victim was under 18 and involved in

pornography;


“indecent photograph of a child” has the same definition as in

sections 1 and 7 of the Protection of Children Act 1978 (c. 37)

and for the avoidance of doubt includes a reference to a pseudo-

photograph of a child or a tracing of an indecent photograph

within the meaning of section 7(4A) of that Act.”.

(2)
In Schedule 3 of the Sexual Offences Act 2003 (c. 42), after paragraph 35 insert—

“(36)
An offence under s. 53 of the Regulation of Investigatory Powers Act

2000 (c. 23) where subsection (5C) applies.”’.

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—