Public Bill Committee: 23 February 2010

262

Crime and Security Bill, continued

172E	Exceptions from effect of early morning alcohol restriction order

(1)	An order under section 172A does not apply in prescribed cases or

circumstances.

(2)	The cases referred to in subsection (1) may in particular be defined by

reference to—

(a)	particular kinds of premises, or

(b)	particular days.

(3)	An order under section 172A is subject to an order under section 172

(whether made before or afterwards), unless and to the extent that the

order under section 172 provides otherwise.”

(3)	In section 7 (exercise and delegation of functions), in subsection (2), after

paragraph (a) (but before the final “or”) there is inserted—

“(aa)

the functions of making, and varying or revoking, an order under

section 172A (early morning alcohol restriction order),”.’

Member’s explanatory statement

This New Clause enables licensing authorities to suspend the effect of licences and other

authorisations under the Licensing Act 2003, so far as relating to the sale and supply of alcohol,

between 3am and 6am.

Persons subject to control order: powers of search and seizure

Mr David Hanson

NC32

To move the following Clause:—

‘(1)	In the Prevention of Terrorism Act 2005, after section 7C there is inserted—

“7D	Powers of personal search and seizure

(1)	A constable may—

(a)	search a controlled person (in his place of residence or

elsewhere) for the purpose mentioned in subsection (2);

(b)	detain a person for the purpose of such a search.

(2)	The purpose is—

(a)	in a case where the search is carried out in connection with a

journey for which the controlled person is escorted by a

constable, that of ascertaining that the controlled person is not in

possession of anything that could be used to threaten or harm any

person;

(b)	in any case, that of ascertaining whether obligations imposed by

or under the control order have been, are being, or are about to

be contravened.

(3)	The power conferred by subsection (1) may be exercised at any time

when a constable is in the presence of a controlled person (including

following entry onto premises under section 7A, 7B or 7C).

(4)	A constable may seize anything that he finds in the course of a search

under subsection (1)—

Public Bill Committee: 23 February 2010

263

Crime and Security Bill, continued

(a)	for the purpose of ascertaining whether obligations imposed by

or under the control order have been, are being, or are about to

be contravened;

(b)	for the purpose of securing that the controlled person complies

with the control order;

(c)	if he has reasonable grounds for suspecting that the thing may be

used to threaten or harm any person; or

(d)	if he has reasonable grounds for suspecting that—

(i)	the thing is or contains evidence in relation to an

offence; and

(ii)	it is necessary to seize it in order to prevent it being

concealed, lost, damaged, altered or destroyed.

(5)	A constable may use reasonable force for the purpose of exercising a

power conferred on him by this section.

7E	Retention of things seized under section 7D

(1)	Anything that is seized under section 7D(4) may be—

(a)	subjected to tests;

(b)	retained for as long as is necessary in all the circumstances

(which may be beyond the period for which the control order

remains in force).

(2)	In particular (and regardless of the ground on which the thing was

seized)—

(a)	if a constable has reasonable grounds for believing that the thing

is or contains evidence in relation to an offence, it may be

retained—

(i)	for use as evidence at a trial for an offence; or

(ii)	for forensic examination or for investigation in

connection with an offence; and

(b)	if a constable has reasonable grounds for believing that the thing

has been obtained in consequence of the commission of an

offence, it may be retained in order to establish its lawful owner.

(3)	Nothing may be retained for either of the purposes mentioned in

subsection (2)(a) if a photograph or copy would be sufficient for that

purpose.

(4)	Nothing in this section affects any power of a court to make an order

under section 1 of the Police (Property) Act 1897.”.

(2)	In section 1 of that Act (power to make control orders)—

(a)	in subsection (4)(l) (removal following search of premises) after “tests

or” there is inserted “(subject to subsections (5A) to (5C))”;

(b)	after subsection (5) there is inserted—

“(5A)

If a constable has reasonable grounds for believing that

something removed by virtue of a requirement under subsection

(4)(l) (removal following search of premises) is or contains

evidence in relation to an offence, it may be seized and retained

for as long as is necessary in all the circumstances (which may

be beyond the period for which the control order remains in

force).

(5B)	In particular—

Public Bill Committee: 23 February 2010

264

Crime and Security Bill, continued

(a)	the thing may be retained—

(i)	for use as evidence at a trial for an offence; or

(ii)	for forensic examination or for investigation in

connection with an offence; and

(b)	if a constable has reasonable grounds for believing that

the thing has been obtained in consequence of the

commission of an offence, it may be retained in order to

establish its lawful owner.

(5C)	Nothing may be retained for either of the purposes mentioned in

subsection (5B)(a) if a photograph or copy would be sufficient

for that purpose.”.

(3)	In the Counter-Terrorism Act 2008, in section 1 (power to remove documents for

examination), in subsection (1)(e), for “or 7C” there is substituted “, 7C or 7D”.’.

Member’s explanatory statement

This new clause amends the Prevention of Terrorism Act 2005 to insert new powers allowing a

constable, for specified purposes, to conduct a search of a person subject to a control order and

to seize and retain articles found.

Stop and search power

James Brokenshire

Andrew Rosindell

NC1

To move the following Clause:—

‘(1)	If a police officer of or above the rank of sergeant reasonably believes—

(a)	that incidents involving serious violence may take place in any locality

in his police area, and that it is expedient to give an authorisation under

this section to prevent their occurrence, or

(b)

that—

(i)	an incident involving serious violence has taken place in

England and Wales in his police area;

(ii)	a dangerous instrument or offensive weapon used in the incident

is being carried in any locality in his police area by a person; and

(iii)

it is expedient to give an authorisation under this section to find

the instrument or weapon, or

(c)	that persons are carrying offensive weapons or dangerous instruments

without good reason in any locality in his police area,

he may give an authorisation that the powers conferred by this section are to be

exercisable at any place within that locality for a specified period not

exceeding—

(a)	six hours in the case of an officer of the rank of sergeant; and

(b)	24 hours in the case of an officer of the rank of inspector or above.

(2)	If it appears to an officer of or above the rank of superintendent that it is expedient

to do so, having regard to—

(a)	the need to prevent injury or loss of life;

Public Bill Committee: 23 February 2010

265

Crime and Security Bill, continued

(b)	offences which have, or are reasonably suspected to have, been

committed in connection with any activity falling within the

authorisation; and

(c)	all relevant information giving rise to the belief of the relevant police

officer described in subsection (1),

he may direct that the specified period during which the authorisation conferred

under subsection (1) shall be extended to a period not exceeding a maximum of

48 hours.

(3)	If a police officer gives an authorisation under subsection (1) he must, as soon as

it is practicable to do so, cause an officer of or above the rank of superintendent

to be informed.

(4)	This section confers on any constable in uniform power—

(a)	to stop any pedestrian and search him or anything carried by him for

offensive weapons or dangerous instruments;

(b)	to stop any vehicle and search the vehicle, its driver and any passenger

for offensive weapons or dangerous instruments.

(5)	A constable may, in the exercise of the powers conferred by subsection (4) above,

stop any person or vehicle and make any search he thinks fit whether or not he

has any grounds for suspecting that the person or vehicle is carrying weapons or

articles of that kind.

(6)	If in the course of a search under this section a constable discovers a dangerous

instrument or an article which he has reasonable grounds for suspecting to be an

offensive weapon, he may seize it.

(7)	A person who fails to stop, or to stop a vehicle when required to do so by a

constable in the exercise of his powers under this section shall be liable on

summary conviction to imprisonment for a term not exceeding one month or to a

fine not exceeding level 3 on the standard scale or both.

(8)	Any authorisation under this section shall be given in writing signed by the officer

giving it or, where that is not practicable, recorded in writing as soon as it is

practicable to do so and shall specify the grounds on which it is given and the

locality in which and the period during which the powers conferred by this section

are exercisable; and any oral authorisation must be recorded in writing as soon as

it is practicable to do so.

(9)	The preceding provisions of this section, so far as they relate to an authorisation

by a member of the British Transport Police Force (including one who for the

time being has the same powers and privileges as a member of a police force for

a police area), shall have effect as if the references to a locality in his police area

were references to any locality in or in the vicinity of any police premises, or to

the whole or any part of any such premises.

(10)	Where a vehicle is stopped by a constable under this section, the driver shall be

entitled to obtain a written statement that the vehicle was stopped under the

powers conferred by this section if he applies for such a statement not later than

the end of the period of 12 months from the day on which the vehicle was stopped.

(11)	A person who is searched by a constable under this section shall be entitled to

obtain a written statement that he was searched under the powers conferred by

this section if he applies for such a statement not later than the end of the period

of 12 months from the day on which he was searched.

(12)	Where a constable has carried out a search in the exercise of the power under

subsection (4) above he shall make a record of it in writing unless it is not

practicable to do so in which case he shall make such written record as soon as

practicable after the completion of the search.

(13)	Section 60 of the Criminal Justice and Public Order Act 1994 is hereby repealed.

(14)	In this section—

Public Bill Committee: 23 February 2010

266

Crime and Security Bill, continued

“British Transport Police Force” means the constables appointed under

section 53 of the British Transport Commission Act 1949;

“dangerous instruments” means instruments which have a blade or are

sharply pointed;

“locality” means any place or area not exceeding one square mile which at

the time of the authorisation under this section is given the public or any

section of the public has access, on payment or otherwise, as of right or

by virtue of express or implied permission or any other place to which

people have ready access which is not a dwelling;

“offensive weapon” has the meaning given by section 1(9) of the Police and

Criminal Evidence Act 1984 or, in relation to Scotland, section 47(4) of

the Criminal Law (Consolidation) (Scotland) Act 1995 and includes, in

the case of an incident of the kind mentioned in subsection (1)(b)(i)

above, any article used in the incident to cause or threaten injury to any

person or otherwise to intimidate; and

“police premises”, in relation to England and Wales, has the meaning given

by the section 53(3) of the British Transport Commission Act 1949 and,

in relation to Scotland, means those places where members of the British

Transport Police Force have the powers, protection and privileges of a

constable under section 53(4)(a) of that Act (as it relates to Scotland);

(15)	For the purposes of this section, a person carries a dangerous instrument or an

offensive weapon if he has it in his possession.

(16)	The powers conferred by this section are in addition to, and not in derogation of,

any power otherwise conferred.’.

Amendments to Terrorism Act 2000

James Brokenshire

Andrew Rosindell

NC2

To move the following Clause:—

‘(1)	The Terrorism Act 2000 is amended as follows.

(2)	Sections 44, 45 and 46 of the Act are repealed.’.

Limitation on powers to immobilise, restrict or remove vehicles

Norman Baker

Tom Brake

Mr Mark Oaten

NC3

To move the following Clause:—

‘(1)	The Private Security Industry Act 2001 is amended as follows.

(2)	After section 4 there is inserted—

---

Revised 23 February 2010