Public Bill Committee: 26 January 2010

18

Crime and Security Bill, continued

James Brokenshire

Andrew Rosindell

33

Clause  20,  page  60,  line  26,  at end add—

‘(3)	The National DNA Database Strategy Board shall also have responsibility for

monitoring the sharing of information held on the National DNA database with

other agencies and organisations and to make appropriate recommendations to

the Secretary of State.’.

James Brokenshire

Andrew Rosindell

21

Clause  44,  page  84,  line  27,  at end insert—

‘(1A)

Section [Stop and search power] extends to England and Wales and Scotland

only.’.

New Clauses

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: 26 January 2010

19

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: 26 January 2010

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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—

Public Bill Committee: 26 January 2010

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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.”’.

Order of the House [18 January 2010]

That the following provisions shall apply to the Crime and Security Bill:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 23 February 2010.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

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Revised 26 January 2010