|
|
| |
| |
|
| | “38 | Levels of performance |
|
| | Where an objective has been determined under section 37, the relevant |
|
| | police authority shall establish levels of performance (performance |
|
| | targets to be aimed at in seeking to achieve the objective).”. |
|
| | (11) | Section 39 (codes of practice) is repealed. |
|
| | (12) | Section 41 (directions as to a minimum budget) is repealed. |
|
| | (13) | Section 44 (reports from chief constables) is repealed. |
|
| | (14) | The Local Government Act 1999 is amended as follows. |
|
| | (15) | In section 31(9) (major precepting authorities: further recognition), after “1992”, |
|
| | insert “, but excluding police authorities and the Metropolitan Police |
|
| | |
| |
| |
| |
| | |
| Page 2, line 2, leave out Clause 2. |
|
| |
| |
| |
| |
| |
| |
| | |
| Page 2 [Clause 2], leave out lines 13 to 16 and insert ‘up to ten persons nominated by |
|
| the Secretary of State after consultation with the Association of Police Authorities and the |
|
| Association of Chief Police Officers.’. |
|
| |
| |
| |
| |
| |
| |
| | |
| Page 2, line 22 [Clause 2], after ‘reports’, insert ‘, which shall be published and |
|
| automatically laid before Parliament’. |
|
| |
| |
| |
| |
| |
| |
| |
| | |
| Page 3, line 6 [Clause 2], after ‘panel’, insert ‘and Her Majesty’s Inspectors of |
|
| Constabulary shall submit an annual report to the Secretary of State on the operation of |
|
|
|
| |
| |
|
| the Senior Appointments process in each police force area’. |
|
| |
| |
| | |
| Page 3, line 11 [Clause 2], at end insert— |
|
| | ‘(4A) | In discharging its functions under subsection (2)(a) the panel must have regard to |
|
| | Article 25 of the International Covenant on Civil and Political Rights (right of |
|
| | equal access to public service).’. |
|
| |
| |
| |
| | |
| Page 4 [Clause 4], leave out line 22. |
|
| |
| |
| | |
| Page 4 [Clause 4], leave out line 31. |
|
| |
| |
| | |
| Page 4 [Clause 4], leave out line 40. |
|
| |
| |
| | |
| Page 5, line 22 [Clause 5], at end insert— |
|
| | ‘(6A) | A chief officer may make an agreement only after consulting with representatives |
|
| | of police authority employees.’. |
|
| |
| |
| | |
| 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 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’. |
|
| |
| |
| | |
| 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 8, line 17 [Clause 5], at end insert— |
|
| | ‘(3) | The period of notice shall be such as the Secretary of State sees fit.’. |
|
| |
| |
| | |
| Page 166, line 38 [Schedule 7], leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’. |
|
| |
| | |
| Page 166, line 40 [Schedule 7], leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’. |
|
| |
| |
| | |
| Page 167, line 2 [Schedule 7], leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’. |
|
| |
| | |
| Page 167, line 4 [Schedule 7], leave out ‘or (3B)’ and insert ‘, (3B) or (3F)’. |
|
|
|
| |
| |
|
| |
| | |
| 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 |
|
| |
| | |
| 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 |
|
| | |
| |
| | Community punishments for graffiti, fly-posting and rubbish dumping |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (3) | Where a person is given a notice under subsection (1) in respect of an |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| |
| | |
| 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 |
|
| |
| |
| |
| | |
| 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 |
|
| |
| |
| |
| |
| | |
| 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. |
|
| | |
| | “(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 |
|
| | |
| |
| | Hatred against uniformed military personnel on official duties |
|
| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘In the Public Order Act 1986 (c. 64), after Part 3, insert— |
|
| | |
| | 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | 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 |
|
| | |
| | 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.”.’. |
|
| |
|