Policing and Crime Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Policing and Crime Bill

LORDS amendments to the
Policing and Crime Bill
[The page and line references are to HL Bill 48, the bill as first printed for the Lords.]
After Clause 7
1
Insert the following new Clause—

“Authorisations of covert human intelligence sources: conditions

(1)
Section 29 of the Regulation of Investigatory Powers Act 2000 (c. 23)

(authorisation of covert human intelligence sources) is amended as follows.

(2)
In subsection (2) for paragraph (c) substitute—

“(c)
that arrangements exist for the source’s case that satisfy—

(i)
the requirements of subsection (4A), in the case of a

source of a relevant collaborative unit;

(ii)
the requirements of subsection (4B), in the case of a

source of a relevant Scottish collaborative unit;

(iii)
the requirements of subsection (5), in the case of any

other source;


and that satisfy such other requirements as may be imposed

by order made by the Secretary of State.”

(3)
After subsection (2) insert—

“(2A)
For the purposes of subsection (2)—

(a)
a relevant collaborative unit is a unit consisting of two or

more police forces whose chief officers of police have made

an agreement under section 23(1) of the Police Act 1996

which relates to the discharge by persons holding offices,

ranks or positions with any of the forces of functions in

connection with the conduct or use of the source; and

(b)
a relevant Scottish collaborative unit is a unit consisting of

two or more Scottish police forces whose chief constables

have made an agreement under section 12(1) of the Police

(Scotland) Act 1967 which relates to the discharge by

2

persons holding offices, ranks or positions with any of the

forces of functions in connection with the conduct or use of

the source.”

(4)
After subsection (4) insert—

“(4A)
For the purposes of this Part there are arrangements for the source’s

case that satisfy the requirements of this subsection if such

arrangements are in force as are necessary for ensuring—

(a)
that there will at all times be a qualifying person who will

have day-to-day responsibility for dealing with the source,

and for the source’s security and welfare;

(b)
that there will at all times be another qualifying person who

will have general oversight of the use made of the source;

(c)
that there will at all times be a qualifying person who will

have responsibility for maintaining a record of the use made

of the source;

(d)
that the records relating to the source that are maintained by

virtue of paragraph (c) will always contain particulars of all

such matters (if any) as may be specified for the purposes of

this paragraph in regulations made by the Secretary of State;

and

(e)
that records maintained by virtue of paragraph (c) that

disclose the identity of the source will not be available to

persons except to the extent that there is a need for access to

them to be made available to those persons.

(4B)
For the purposes of this Part there are arrangements for the source’s

case that satisfy the requirements of this subsection if such

arrangements are in force as are necessary for ensuring—

(a)
that there will at all times be a Scottish qualifying person

who will have day-to-day responsibility for dealing with

the source, and for the source’s security and welfare;

(b)
that there will at all times be another Scottish qualifying

person who will have general oversight of the use made of

the source;

(c)
that there will at all times be a Scottish qualifying person

who will have responsibility for maintaining a record of the

use made of the source;

(d)
that the records relating to the source that are maintained by

virtue of paragraph (c) will always contain particulars of all

such matters (if any) as may be specified for the purposes of

this paragraph in regulations made by the Secretary of State;

and

(e)
that records maintained by virtue of paragraph (c) that

disclose the identity of the source will not be available to

persons except to the extent that there is a need for access to

them to be made available to those persons.”

(5)
After subsection (7) insert—

“(7A)
For the purposes of subsection (4A) a person is a qualifying person

if—

(a)
the person holds an office, rank or position with a police

force whose chief officer of police is a party to the agreement

mentioned in subsection (2A)(a); and

3

(b)
persons holding offices, ranks or positions with that force

are permitted by the terms of the agreement to have the

responsibility mentioned in paragraph (a) or (c) of

subsection (4A) or the general oversight mentioned in

paragraph (b) of that subsection (as the case may require).

(7B)
For the purposes of subsection (4B), a person is a Scottish qualifying

person if—

(a)
the person holds an office, rank or position with a Scottish

police force whose chief constable is a party to the

agreement mentioned in subsection (2A)(b); and

(b)
persons holding offices, ranks or positions with that force

are permitted by the terms of the agreement to have the

responsibility mentioned in paragraph (a) or (c) of

subsection (4B) or the general oversight mentioned in

paragraph (b) of that subsection (as the case may require).”

(6)
After subsection (9) insert—

“(10)
For the purposes of this section—

(a)
references to a police force are to the following—

(i)
any police force maintained under section 2 of the

Police Act 1996 (police forces in England and Wales

outside London);

(ii)
the metropolitan police force; and

(iii)
the City of London police force; and

(b)
references to a Scottish police force are to a police force

maintained under or by virtue of section 1 of the Police

(Scotland) Act 1967.””
Clause 8
2
Page 12, line 21, leave out “(subject to subsection (1ZF))”
3
Page 12, leave out lines 23 and 24
4
Page 13, line 26, leave out “(subject to subsection (3ZF))”
5
Page 13, leave out lines 34 and 35
Clause 13
6
Page 15, line 36, leave out “used force, deception or threats” and insert “engaged

in exploitative conduct”
7
Page 16, line 1, leave out “acted” and insert “engaged in that conduct”
8
Page 16, line 6, leave out “used force, deception or threats” and insert “engaged in

exploitative conduct”
9
Page 16, line 7, at end insert—

“(2A)
C engages in exploitative conduct if—

(a)
C uses force, threats (whether or not relating to violence) or any

other form of coercion, or

(b)
C practises any form of deception.”
10
Page 16, leave out lines 10 and 11

4

Clause 14
11
Page 16, line 20, leave out “used force, deception or threats” and insert “engaged

in exploitative conduct”
12
Page 16, line 23, leave out “acted” and insert “engaged in that conduct”
13
Page 16, line 28, leave out “used force, deception or threats” and insert “engaged

in exploitative conduct”
14
Page 16, line 29, at end insert—

“(2A)
C engages in exploitative conduct if—

(a)
C uses force, threats (whether or not relating to violence) or any

other form of coercion, or

(b)
C practises any form of deception.”
15
Page 16, leave out lines 33 and 34
Clause 26
16
Page 22, line 26, leave out “sex encounter venue” and insert “sexual entertainment

venue”
17
Page 22, line 29, leave out “sex encounter venue” and insert “sexual entertainment

venue”
18
Page 22, line 30, leave out “sex encounter venue” and insert “sexual entertainment

venue”
19
Page 22, line 40, leave out “sex encounter venues” and insert “sexual

entertainment venues”
20
Page 24, line 8, leave out “sex encounter venue” and insert “sexual entertainment

venue”
21
Page 24, line 30, at end insert—

“(3A)
In paragraph 9(1) (duration of licence) after “paragraph 16” insert “or 27A

below”.”
22
Page 24, line 38, leave out “sex encounter venues” and insert “sexual

entertainment venues”
23
Page 24 , line 39, leave out “sex encounter venues” and insert “sexual

entertainment venues”
24
Page 25, line 30, at end insert—

“(8A)
After paragraph 27 (appeals) insert—

“Premises which are deemed sexual entertainment venues

27A(1)
This paragraph applies if—

(a)
premises are subject to a licence for a sexual

entertainment venue; and

(b)
their use would be use as such a venue but for the

operation of paragraph 2A(3)(b).

      (2)
This Schedule applies as if—

(a)
the premises were a sexual entertainment venue; and

5

(b)
the use or business of the premises was use as, or the

business of, such a venue.

      (3)
But the appropriate authority must cancel the licence if the

holder of the licence asks them in writing to do so.

      (4)
In this paragraph “premises” has the same meaning as in

paragraph 2A.”
Clause 27
25
Leave out Clause 27
Clause 31
26
Page 27, line 11, leave out from beginning to “for” in line 12 and insert—

“(1)
Section 27 of the Violent Crime Reduction Act 2006 (c. 38) (power to require

person to leave a public place etc) is amended as follows.

(2)
In subsection (1)”
27
Page 27, line 13, at end insert—

“(3)
After subsection (4) insert—

“(4A)
A constable who gives a direction under this section may, if the

constable reasonably suspects that the individual to whom it is

given is aged under 16, remove the person to a place where the

person resides or a place of safety.””
Clause 32
28
Page 27, line 15, leave out “general” and insert “mandatory”
After Clause 32
29
Insert the following new Clause—

“Individual members of licensing authorities to be interested parties

(1)
In section 13(3) of the Licensing Act 2003 (meaning of “interested party”:

premises licences) after paragraph (d) insert—

“(e)
a member of the relevant licensing authority.”

(2)
In section 69(3) of that Act (meaning of “interested party”: club premises

certificates) after paragraph (d) insert—

“(e)
a member of the relevant licensing authority.””
Clause 35
30
Page 28, line 33, leave out subsection (2) and insert—

“(2)
The injunction may not include a prohibition or requirement that has effect

after the end of the period of 2 years beginning with the day on which the

injunction is granted (“the injunction date”).”
31
Page 28, line 37, leave out “a review hearing on a specified date” and insert “one or

6

more review hearings on a specified date or dates”
32
Page 28, line 38, at end insert—

“(3A)
If any prohibition or requirement in the injunction is to have effect after the

end of the period of 1 year beginning with the injunction date, the court

must order the applicant and the respondent to attend a review hearing on

a specified date within the last 4 weeks of the 1 year period (whether or not

the court orders them to attend any other review hearings).”
Clause 39
33
Page 30, line 10, leave out from beginning to “an” in line 12
Clause 40
34
Page 30, line 16, leave out from “if” to end of line 17 and insert “—

(a)
an application without notice is made by virtue of section 38, and

(b)
the proceedings are adjourned (otherwise than at a full hearing

within the meaning of that section).”
35
Page 30, line 21, leave out paragraph (a)
Clause 41
36
Page 30, line 35, at end insert—

“(2A)
The power to vary an injunction includes power to—

(a)
include an additional prohibition or requirement in the injunction;

(b)
extend the period for which a prohibition or requirement in the

injunction has effect (subject to section 35(2));

(c)
attach a power of arrest or extend the period for which a power of

arrest attached to the injunction has effect.”
37
Page 30, line 35, at end insert—

“(2B)
Section 35(3A) does not apply where an injunction is varied to include a

prohibition or requirement which is to have effect as mentioned in that

provision but the variation is made within (or at any time after) the period

of 4 weeks mentioned in it.”
Clause 46
38
Page 32, line 14, at end insert—

“(2A)
Before issuing or revising any guidance under this section the Secretary of

State must consult the Lord Chief Justice of England and Wales and such

other persons as the Secretary of State thinks appropriate.”
After Clause 48
39
Insert the following new Clause—

“Review of operation of this Part

(1)
The Secretary of State must—

(a)
review the operation of this Part, and

7

(b)
prepare and publish a report on the outcome of the review.

(2)
The report must be published before the end of the period of 3 years

beginning with the day on which this Part comes into force.

(3)
The Secretary of State must lay the report before Parliament.”
Clause 96
40
Leave out Clause 96
Clause 97
41
Leave out Clause 97
Clause 98
42
Leave out Clause 98
After Clause 111
43
Insert the following new Clause—

“Removal of limitation on warrants under Misuse of Drugs Act 1971

(1)
Section 23 of the Misuse of Drugs Act 1971 (c. 38) (powers to search and

obtain evidence) is amended as follows.

(2)
In subsection (3) omit “acting for the police area in which the premises are

situated”.

(3)
Omit subsection (5).”
Clause 116
44
Page 134, line 4, after “100” insert “and Part 9 of Schedule 8 (and section 112(2) so

far as relating to that Part)”
45
Page 134, line 14, leave out “and” and insert—

“(ba)
section [Removal of limitation on warrants under Misuse of Drugs Act

1971] and Part 11A of Schedule 8 (and section 112(2) so far as

relating to that Part), and”
Schedule 1
46
Page 138, line 22, after “practicable” insert “and in any event before the end of the

period of 72 hours beginning with the time of the arrest”
Schedule 2
47
Page 143, line 43, leave out “two” and insert “three”
48
Page 144, line 17, at end insert—

  “(9A)
The third condition is that the court is satisfied that—