House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Notices of Amendments: 15 May 2009
843

Policing and Crime Bill, continued

(c)
intimidation of B.

(5)
A person guilty of an offence under this section is liable—

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

exceeding 6 months, or a fine not exceeding the statutory

maximum, or both;

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

exceeding 14 years.”’.

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

Ireland

Dr Evan Harris

Lynne Jones

John McDonnell

NC26

To move the following Clause:—

‘After Article 64 of the Sexual Offences (Northern Ireland) Order 2008 (S.I.

1769) (N.I. 12)) insert—

“64A
Paying for sexual services of a prostitute known to be trafficked or

coerced: Northern Ireland

(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

(c)
intimidation of B.

(5)
A person guilty of an offence under this section is liable—

Notices of Amendments: 15 May 2009
844

Policing and Crime Bill, continued

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

exceeding 6 months, or a fine not exceeding the statutory

maximum, or both;

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

exceeding 14 years.”’.

Protection of children from harm

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC27

To move the following Clause:—

‘(1)
The Violent Crime Reduction Act 2006 (c. 38) is amended as follows.

(2)
After section 27 insert—

“27A
Protection of children from harm

A constable who imposes a requirement on a person under section 27(1)

must, if the constable reasonably suspects that the person is under the age

of 16, remove the person to the person’s place of residence or a place of

safety.”’.

Orders under Licensing Act 2003

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC28

To move the following Clause:—

‘(1)
The Licensing Act 2003 (c. 17) is amended as follows.

(2)
After section 197(3)(a) insert—

“(aa)
an order under section 19A (Power of Secretary of State to

impose section 19(4) mandatory conditions),

(ab)
regulations under section 21A (General conditions for existing

licenses),

(ac)
an order under section 73B (Power of Secretary of State to

impose section 73A mandatory conditions),

Notices of Amendments: 15 May 2009
845

Policing and Crime Bill, continued

(ad)
regulations under section 74A (General conditions for existing

certificates),”.

(3)
For section 197(4) substitute—

“(4)
A statutory instrument containing an order within subsection (3)(aa),

(ab), (ac), (ad), (b), (c), (d), (e) or (g) is not to be made unless a draft of

the instrument containing the order has been laid before and approved by

a resolution of each House of Parliament.”’.

Scrutiny of SOCPA

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC29

To move the following Clause:—

‘(1)
The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.

(2)
After section 7(6) insert—

“(6A)
It shall be the duty of the Secretary of State to make a motion in the House

of Commons in respect of the annual report laid under subsection (6)

within three months of the date on which the report was laid.”.

(3)
After section 7(7) insert—

“(7A)
It shall be the duty of the Scottish Ministers to make a motion in the

Scottish Parliament in respect of the annual report laid under subsection

(7) within three months of the date on which the report was laid.”’.

Forum

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC30

To move the following Clause:—

‘(1)
The Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6 of

Schedule 13.

Notices of Amendments: 15 May 2009
846

Policing and Crime Bill, continued

(2)
Notwithstanding any provision to the contrary contained in the Police and Justice

Act 2006 or this Act, paragraphs 4 and 5 of Schedule 13 of the Police and Justice

Act 2006 shall come into force on the day on which this Act is passed.’.

Retention of voluntary samples etc.

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC31

To move the following Clause:—

‘(1)
That the Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2)
After section 64(1A)(b) insert—

“(c)
any other provision in this Part does not prohibit or restrict their

retention or require their destruction.”.

(3)
For section 64(3AC) substitute—

“3AC
Retention of voluntary samples etc.

Where a person from whom a fingerprint, impression of footwear or

sample has been taken consents in writing to its retention—

(a)
that sample need not be destroyed under subsection (3) above;

(b)
subsection (3AB) above shall not restrict the use that may be

made of the sample or of any information derived from it; and

(c)
that consent shall be treated as comprising a consent for the

purposes of section 63A(1C) above;

provided that—

(1)
No sample or information derived from any sample may be retained on

any child under the age of 10 years; and

(2)
Consent given for the purposes of this subsection shall be capable of

being withdrawn by such person upon making written application to the

responsible chief officer of police or person authorised by the Secretary

of State for such purpose whereupon such sample and any information

derived therefrom shall be destroyed as soon as possible following

receipt of such written application.”’.

Notices of Amendments: 15 May 2009
847

Policing and Crime Bill, continued

Retention of samples following arrest

Chris Grayling

Mr David Ruffley

James Brokenshire

Mr Crispin Blunt

Andrew Rosindell

Mr Patrick McLoughlin

NC32

To move the following Clause:—

‘(1)
The Police and Criminal Evidence Act 1984 (c.60) is amended as follows.

(2)
After section 64A insert—

“64B
Retention of samples

(1)
Subject to subsection (2), where a sample has been taken from a person

under this Part, unless such a person has been given consent in

accordance with section 64(3AC), all such samples and all information

derived from such samples shall be destroyed as soon as possible

following a decision not to institute criminal proceedings against the

person or on the conclusion of such proceedings otherwise than with a

conviction.

(2)
Subsection (1) above shall not apply—

(a)
where the record, sample or information in question is of the

same kind as a record, a sample or, as the case may be,

information lawfully held in relation to the person; or

(b)
where the person is cautioned for a recordable offence or given a

warning or reprimand in accordance with the Crime and

Disorder Act 1998 for a recordable offence in connection with

the decision not to institute criminal proceedings or following

the withdrawal or cessation of criminal proceedings; or

(c)
where sections 64C or 64D apply.

(3)
For the purposes of this section, criminal proceedings shall not be

deemed to have concluded until the earlier of the (1) the lapse of any

applicable appeal period and (2) a decision is made not to appeal such

proceedings.

64C
Retention of samples etc (violent and sexual offences)

(1)
This section applies where any sample has been taken from a person

under this Part where criminal proceedings were instituted against such

person in respect of a sexual offence or violent offence and such

proceedings concluded otherwise than with a conviction or with the

person being cautioned for a recordable offence or given a warning or

reprimand in accordance with the Crime and Disroder Act 1998 for a

recordable offence.

(2)
Subject to subsections (6) and (7) below, the sample and any information

derived therefrom shall be destroyed no later than:

(a)
3 years following the conclusion of the proceedings (“the initial

retention date”); or

(b)
such later date as may be ordered under subsection (3).

(3)
On application made by a chief officer of police within the period of 3

months before the initial retention date, the Crown Court, if satisfied that

Notices of Amendments: 15 May 2009
848

Policing and Crime Bill, continued

there are reasonable grounds for doing so, may make an order amending,

or further amending, the date of destruction of the relevant sample and

any information derived therefrom.

(4)
An order under subsection (3) shall not specify a date more than 2 years

later than the initial retention date.

(5)
Any decisions of the Crown Court may be appealed to the Court of

Appeal within 21 days of such decision.

(6)
Subsection (2) does not apply where—

(a)
an application under subsection (3) above has been made but has

not been determined.

(b)
the period within which an appeal may be brought under

subsection (5) above against a decision to refuse an application

has not elapsed; or

(c)
such an appeal has been brought but has not been withdrawn or

finally determined.

(7)
Where—

(a)
the period within which an appeal referred to in subsection (5)

has elapsed without such an appeal being brought; or

(b)
such an appeal is brought and is withdrawn or finally determined

without any extension of the time period referred to in subsection

(2),


the sample and any information derived therefrom shall be destroyed as

soon as possible thereafter.

(8)
For the purposes of this Part a “sexual offence” or “violent offence” shall

mean such offences of a violent or sexual nature as shall be set out in any

order made by the Secretary of State with reference to this section.

64D
Retention of Samples - Residual Power

(1)
On application by a chief officer of police, the Crown Court may make

an order requiring the retention of a sample taken from a person and any

information derived therefrom in circumstances where such a sample and

any information derived therefrom would otherwise be required to be

destroyed if it has reasonable grounds to believe that:

(a)
there is a serious risk of harm to the public or a section of the

public; and

(b)
such retention would prevent, inhibit, restrict or disrupt

involvement by the person in the commission of a sexual offence

or violent offence.

(2)
An order under this section is not to be in force for more than 5 years

beginning with the date of the commencement of the order.

(3)
Any decision of the Crown Court may be appealed to the Court of Appeal

within 21 days of such decision.

(4)
Where an application has been made for an order under this section, the

relevant sample and any information derived therefrom shall not be

destroyed until such application and any appeal thereof has been

determined.

(3)
At end of section 113(1) insert—

Notices of Amendments: 15 May 2009
849

Policing and Crime Bill, continued


“provided always that the protections in Part 5 relating to the retention of samples

and any information derived therefrom shall also be applied to persons

investigated or under arrest under such Acts.”.’.

Composition of police authorities

Chris Huhne

Paul Holmes

NC33

To move the following Clause:—

‘For section 4 of the Police Act 1996 (membership of police authorities etc)

substitute—

“4
Composition of police authorities

(1)
Where a police authority has the same boundary as a local council, that

council will be the police authority.

(2)
Each police authority established under section 3 shall consist of 17

members.

(3)
Where a police authority boundary and a local council boundary are not

coterminous, two-thirds of the members of the police authority shall be

directly elected by single transferable vote.

(4)
The members of a police authority falling within subsection (3) shall be

elected once every four years on the same day as all or most of the local

government elections in the force area.

(5)
All members of the population over the age of 18 who reside within the

relevant police authority boundary and who are eligible to vote in local

government elections may vote in an election under subsection (3).

(6)
Where subsection (2) applies, one-third of the members of the police

authorities shall be nominated from local councillors within the police

force area.

(7)
Under subsection (1) or (2), police authorities may co-opt extra members

to ensure diversity, experience and expertise.

(8)
In subsection (4), co-opted members may be—

(a)
magistrates, or

(b)
any person deemed appropriate by the existing members of the

police authority to which outside members are being co-opted.”’.