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Crime and Security Bill, continued

“4A	Limitation on powers to immobilise, restrict or remove vehicles

(1)	A person may not carry out an activity to which paragraph 3

(immobilisation of vehicles) or 3A (restriction and removal of vehicles)

of Schedule 2 applies unless he is either—

(a)	a public authority, or

(b)	acting on behalf of a public authority.

(2)	For the purposes of subsection (1), the person carries out an activity on

behalf of a public authority in particular—

(a)	if he is, and is acting as, the public authority’s employee, or

(b)	if he is acting pursuant to a contract for the supply of services

with the public authority only where that contract does not allow

him, or any other person, to benefit from a variable financial

incentive which is dependent on the number of vehicles

immoblised, restricted or removed.”’.

Authorisations under Terrorism Act 2000

Tom Brake

Mr Mark Oaten

Chris Huhne

NC4

To move the following Clause:—

‘(1)	Section 44 of the Terrorism Act 2000 (authorisations) is amended as follows.

(2)	In subsection (3), for “may be given only if the person giving it considers it

expedient for the prevention of acts of terrorism” there is substituted “must be

given in writing and may be given only if—

(a)	an event is to be held in an area or place and the person giving it

reasonably believes it is necessary to make the authorisation for the

prevention of acts of terrorism in that specified area or place;

(b)	because of the nature of a specific area or place the person giving it

reasonably believes it is necessary to make the authorisation for the

prevention of acts of terrorism in that specified area or place; or

(c)	the person giving it is satisfied on the basis of specific information linked

to an area or place that is reasonably necessary to make the authorisation

for the prevention of acts of terrorism in that specified area or place”.

(3)	After subsection (3) there is inserted—

“(3A)

An authorisation must specify an area or place that—

(a)	is no larger than is reasonably necessary to respond effectively to

the threat of terrorism; and

(b)	is no more than one square kilometre in total.”

(4)	In subsection (4)—

(a)	for “the whole or part of a police area” (wherever occurring) there is

substituted “in a police area”;

(b)	in paragraph (a), for “a police officer for the area who is of at least the

rank of assistant chief constable” there is substituted “the chief officer of

police for that area”;

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Crime and Security Bill, continued

(c)	in paragraph (b), for “a police officer for the district who is of at least the

rank of commander” there is substituted “the Commissioner”;

(d)	in paragraph (c), for “a police officer for the City who is of at least the

rank of commander in the” there is substituted “the Commissioner of”;

(e)	in paragraph (d), for “a member of the Police Service of Northern Ireland

who is of at least the rank of assistant chief constable” there is substituted

“the Chief Constable of the Police Service of Northern Ireland”.

(5)	In subsection (4A), for “a member of the British Transport Police Force who is of

at least the rank of assistant chief constable” there is substituted “the Chief

Constable of the British Transport Police Force”.

(6)	In subsection (4B), for “a member of the Ministry of Defence Police who is of at

least the rank of assistant chief constable” there is substituted “the Chief

Constable of the Ministry of Defence Police”.

(7)	In subsection (4BA), for “a member of that Constabulary who is of at least the

rank of assistant chief constable” there is substituted “the Chief Constable of that

Constabulary”.

(8)	After subsection (4C) there is inserted—

“(4D)

A person who makes an authorisation must publish, as soon as

reasonably practicable and no later than seven days after an authorisation

is given, a notice of the authorisation which describes the specified area

or place.”.

(9)	Subsection (5) is repealed (authorisation given orally to be confirmed in writing).

(10)	In subsection (5A) there is inserted—

“authorisation” means an authorisation made under this section or renewed

by the Secretary of State under section 46;”.’.

Duration of authorisations under the Terrorism Act 2000

Tom Brake

Mr Mark Oaten

Chris Huhne

NC5

To move the following Clause:—

‘(1)	Section 46 of the Terrorism Act 2000 (duration of authorisation) is amended as

follows.

(2)	In subsection (1), after “under section 44” there is inserted “or renewed by the

Secretary of State under subsection (7)”.

(3)	In subsection (1), in paragraph (b), for “or at a time” there is substituted “and

time”.

(4)	In subsection (2), for “or time” there is substituted “and time”.

(5)	In subsection (2), for “occur after the end of the period of 28 days beginning with

the day on which the authorisation is given” there is substituted “be longer than

is reasonably necessary to effectively respond to the threat of terrorism and must

not exceed 24 hours”.

(6)	Subsections (4) and (5) are repealed.

(7)	For subsection (7) there is substituted—

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Crime and Security Bill, continued

“(7)	If an authorisation is given under section 44 in respect of an area or place,

a further authorisation cannot take effect in respect of that area or place

until after the end of seven days after the previous authorisation ceases to

have effect unless renewed in writing by the Secretary of State.

(8)	If the Secretary of State renews an authorisation under subsection (7) he

or she must lay a copy of the renewed authorisation before both Houses

of Parliament as soon as is reasonably practicable.

(9)	If the Secretary of State renews an authorisation under subsection (7) on

six or more occasions, he or she must, as soon as is reasonably

practicable, lay before Parliament a statement explaining why the

authorisation has been renewed.”’.

Destruction of fingerprints and samples

Tom Brake

Mr Mark Oaten

Chris Huhne

NC6

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	Destruction of fingerprints and samples etc.

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

under this Part, unless such a person has 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 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.

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

deemed to have concluded until the earlier of—

(a)	the lapse of any applicable appeal period, and

(b)	a decision not to appeal such proceedings.

(4)	Material falls within this subsection if it is—

(a)	fingerprints or impressions of footwear taken from the person in

connection with the investigation of the offence;

(b)	a DNA profile derived from a DNA sample so taken;

(c)	photographs falling within a description specified in the

regulations; or

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

(5)	For the purposes of this section—

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

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Crime and Security Bill, continued

(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.”’.

Retention of voluntary samples

Tom Brake

Mr Mark Oaten

Chris Huhne

NC7

To move the following Clause:—

‘(1)	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—

(i)	no sample or information derived from any sample may

be retained on any child under the age of 10 years; and

(ii)	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.”’.

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Crime and Security Bill, continued

Repeal of section 82 of the Criminal Justice and Police Act 2001

Tom Brake

Mr Mark Oaten

Chris Huhne

NC8

To move the following Clause:—

‘Section 82 of the Criminal Justice and Police Act 2001 is repealed.’.

Repeal of sections 9 and 10 of the Criminal Justice Act 2003

Tom Brake

Mr Mark Oaten

Chris Huhne

NC9

To move the following Clause:—

‘Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.’.

Prohibition of alcohol consumption in public places

Mr Robert Flello

NC22

To move the following Clause:—

‘(1)	Subsection (2) applies if a constable reasonably believes that a person is, or has

been, consuming intoxicating liquor in a restricted public place or intends to

consume intoxicating liquor in such a place.

(2)	The constable may require the person concerned—

(a)	not to consume in that place anything which is, or which the constable

reasonably believes to be, intoxicating liquor;

(b)	to surrender anything in his possession which is, or which the constable

reasonably believes to be, intoxicating liquor or a container for such

liquor (other than a sealed container).

(3)	A constable may dispose of anything surrendered to him under subsection (2) in

such manner as he considers appropriate.

(4)	A person who fails without reasonable excuse to comply with a requirement

imposed on him under subsection (2) commits an offence and is liable on

summary conviction to a fine not exceeding level 2 on the standard scale.

(5)	A constable who imposes a requirement on a person under subsection (2) shall

inform the person concerned that failing without reasonable excuse to comply

with the requirement is an offence.’.

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Crime and Security Bill, continued

Restricted public places

Mr Robert Flello

NC23

To move the following Clause:—

‘(1)	A place is, subject to section [Places which are not a restricted public place], a

restricted public place if it is a public place in the area of a local authority.

(2)	A local authority may for the purposes of subsection (1) by order identify all

public places in their area if they are satisfied that—

(a)    

(i)	nuisance or annoyance to members of the public or a section of

the public, or

(ii)

disorder

has been associated with the consumption of intoxicating liquor in their

local authority area; or

(b)	at least 20 per cent. of the electors in that local authority area have

petitioned the local authority requesting the area covered by the local

authority be a restricted public place.

(3)	The power conferred by subsection (2) includes power—

(a)	to identify a place either specifically or by description;

(b)	to revoke or amend orders previously made.

(4)	The Secretary of State shall by regulations prescribe the procedure to be followed

in connection with the making of orders under subsection (2).

(5)	Regulations under subsection (4) shall, in particular, include provision requiring

local authorities to publicise the making and effect of orders under subsection (2).

(6)	Regulations under subsection (4) are to be made by statutory instrument and are

subject to annulment in pursuance of a resolution of either House of Parliament.’.

Places which are not a restricted public place

Mr Robert Flello

NC24

To move the following Clause:—

‘(1)	A place is not a restricted public place or a part of such a place if it is—

(a)	private land, a dwelling place or any place to which the public would not

normally have access;

(b)	licensed premises or a registered club;

(c)	a place within the curtilage of any licensed premises or registered club;

(d)	a place where the sale of intoxicating liquor is for the time being

authorised by an occasional permission or was so authorised within the

last twenty minutes;

(e)	a place where the sale of intoxicating liquor is not for the time being

authorised by an occasional licence but was so authorised within the last

twenty minutes;

(f)	a place where facilities or activities relating to the sale or consumption of

intoxicating liquor are for the time being permitted by virtue of a

permission granted under section 115E of the Highways Act 1980 (c. 66)

(highway related uses).

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Crime and Security Bill, continued

(2)	In subsection (1)—

“licenced premises”, “occasional licence” and “registered club” have the

same meaning as in the Licensing Act 1964 (c. 26); and

“occasional permission” has the same meaning as in the Licensing

(Occasional Permissions) Act 1983 (c. 24).’.

Effect of sections [Prohibition of alcohol consumption in public places] to [Places which

are not a restricted public place] on byelaws

Mr Robert Flello

NC25

To move the following Clause:—

‘(1)	Subsections (2) and (3) apply to any byelaw which—

(a)	prohibits, by the creation of an offence, the consumption in a particular

public place of intoxicating liquor (including any liquor of a similar

nature which falls within the byelaw); or

(b)	makes any incidental, supplementary or consequential provision

(whether relating to the seizure or control of containers or otherwise).

(2)	In so far as any byelaw to which this subsection applies would, apart from this

subsection, have effect in relation to any designated public place, the byelaw—

(a)	shall cease to have effect in relation to that place; or

(b)	where it is made after the order under section [Restricted public places]

(2), shall not have effect in relation to that place.

(3)	In so far as any byelaw made by a local authority and to which this subsection

applies still has effect at the end of the period of 5 years beginning with the day

on which this subsection comes into force, it shall cease to have effect at the end

of that period in relation to any public place.’.

Interpretation of sections [Prohibition of alcohol consumption in public places] to

[Places which are not a restricted public place]

Mr Robert Flello

NC26

To move the following Clause:—

‘(1)	In sections [Prohibition of alcohol consumption in public places] to [Places

which are not a restricted public place], unless the context otherwise requires—

“restricted public place” has the meaning given by section [Restricted

public places] (1);

“intoxicating liquor” has the same meaning as in the Licensing Act 1964;

and

“public place” means any place to which 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.

---

Revised 23 February 2010