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70

Crime and Security Bill, continued

(a)	of which the constable who took (or directed the taking of) the

material was a member, or

(b)	in the case of a DNA profile, of which the constable who took (or

directed the taking of) the sample from which the profile derived

was a member.

(7)	Material retained under section 11 or this section must not be used other

than—

(a)	in the interests of national security, or

(b)	for the purposes of a terrorist investigation.

(8)	Section 11(6) is subject to this section.

(9)	In this section—

“DNA profile” means any information derived from a DNA sample,

“DNA sample” means any material that has come from a human body and

consists of or includes human cells,

“terrorist investigation” has the meaning given by section 32 of the

Terrorism Act 2000.”’.

Member’s explanatory statement

This New Clause provides for the retention, destruction and use of material that has been obtained

from an individual who is subject to a control order in Scotland. To this end, it amends section 11

of the Counter-Terrorism Act 2008 and inserts a new section 11A.

Mr David Hanson

123

Clause  16,  page  54,  line  25,  leave out paragraph (b) and insert—

‘(b)	material to which paragraph 20(3) applies,’.

Member’s explanatory statement

This amendment is consequential on NC20.

Mr David Hanson

124

Clause  19,  page  59,  line  42,  leave out ‘to 18’ and insert ‘, 15, 16, [Material subject

to the Terrorism Act 2000 (Scotland)], 17, [Material subject to the Counter-Terrorism Act

2008 (Scotland)] and 18’.

Member’s explanatory statement

This amendment is consequential on NC20 and NC21.

Mr David Hanson

125

Clause  44,  page  84,  line  37,  at end insert—

‘( )	Section [Material subject to the Criminal Procedure (Scotland) Act 1995]

extends to Scotland only.’.

Member’s explanatory statement

This amendment secures that NC19 extends to Scotland only.

Mr David Hanson

126

Clause  44,  page  84,  line  38,  leave out ‘Section 16’ and insert ‘Sections 16 and

[Material subject to the Terrorism Act 2000 (Scotland)]’.

Member’s explanatory statement

This amendment secures that NC20 extends to the whole of the United Kingdom: NC20 amends

Schedule 8 to the Terrorism Act 2000, which has UK-wide extent.

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71

Crime and Security Bill, continued

Mr David Hanson

127

Clause  44,  page  85,  line  3,  leave out ‘18’ and insert ‘[Material subject to the

Counter-Terrorism Act 2008 (Scotland)]’.

Member’s explanatory statement

This amendment secures that NC21 extends to the whole of the United Kingdom: NC21 amends

section 11 of the Counter-Terrorism Act 2008, which has UK-wide extent.

Mr David Hanson

128

Clause  14,  page  30,  line  14,  leave out ‘of a recordable offence’ and insert—

‘(a)	in England and Wales or Northern Ireland of a recordable offence, or

(b)	in Scotland of an offence which is punishable by imprisonment,’.

Member’s explanatory statement

This amendment amends new section 64ZC of PACE to provide that the destruction regime in that

section (persons subject to control orders) ceases to have effect if the person is convicted of a re­

cordable offence in Northern Ireland or an offence in Scotland which is punishable by imprison­

ment.

Mr David Hanson

129

Clause  14,  page  30,  line  15,  at end insert—

‘( )	For the purposes of subsection (1)—

(a)	a person has no previous convictions if the person has not previously

been convicted—

(i)	in England and Wales or Northern Ireland of a recordable

offence, or

(ii)	in Scotland of an offence which is punishable by imprisonment,

and

(b)	if the person has been previously convicted of a recordable offence in

England and Wales or Northern Ireland, the conviction is exempt if it is

in respect of a recordable offence other than a qualifying offence,

committed when the person is aged under 18.

( )	For the purposes of that subsection—

(a)	a person is to be treated as having been convicted of an offence if—

(i)	he has been given a caution in England and Wales or Northern

Ireland in respect of the offence which, at the time of the caution,

he has admitted, or

(ii)	he has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence, and

(b)	if a person is convicted of more than one offence arising out of a single

course of action, those convictions are to be treated as a single

conviction.’.

( )	In this section—

(a)	“recordable offence” has, in relation to a conviction in Northern Ireland,

the meaning given by Article 2(2) of the Police and Criminal Evidence

(Northern Ireland) Order 1989, and

(b)	“qualifying offence” has, in relation to a conviction in respect of a

recordable offence committed in Northern Ireland, the meaning given by

Article 53A of that Order.’.

Member’s explanatory statement

This amendment amends new section 64ZC of PACE so that where a person already has a convic­

tion in Northern Ireland for a recordable offence, or in Scotland for an offence which is punishable

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Crime and Security Bill, continued

by imprisonment, the destruction regime in that section (persons subject to a control order) does

not apply.

Mr David Hanson

130

Clause  14,  page  35,  line  29,  leave out ‘sections 64ZB’ and insert ‘section 64ZB, or

sections 64ZD’.

Member’s explanatory statement

This amendment is consequential on amendments 129 and 131.

Mr David Hanson

131

Clause  15,  page  40,  line  24,  leave out ‘of a recordable offence’ and insert—

‘(a)	in England and Wales or Northern Ireland of a recordable offence, or

(b)	in Scotland of an offence which is punishable by imprisonment,’.

Member’s explanatory statement

This amendment amends new Article 64ZC of PACE (NI) to provide that the destruction regime in

that section (persons subject to control orders) ceases to have effect if the person is convicted of a

recordable offence in England and Wales or an offence in Scotland punishable by imprisonment.

Mr David Hanson

132

Clause  15,  page  40,  line  25,  at end insert—

‘( )	For the purposes of paragraph (1)—

(a)	a person has no previous convictions if the person has not previously

been convicted—

(i)	in England and Wales or Northern Ireland of a recordable

offence, or

(ii)	in Scotland of an offence which is punishable by imprisonment,

and

(b)	if the person has been previously convicted of a recordable offence in

England and Wales or Northern Ireland, the conviction is exempt if it is

in respect of a recordable offence other than a qualifying offence,

committed when the person is aged under 18.

( )	For the purposes of that paragraph—

(a)	a person is to be treated as having been convicted of an offence if—

(i)	he has been given a caution in England and Wales or Northern

Ireland in respect of the offence which, at the time of the caution,

he has admitted, or

(ii)	he has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence, and

(b)	if a person is convicted of more than one offence arising out of a single

course of action, those convictions are to be treated as a single

conviction.

( )	In this Article—

(a)	“recordable offence” has, in relation to a conviction in England and

Wales, the meaning given by section 118(1) of the Police and Criminal

Evidence Act 1984, and

(b)	“qualifying offence” has, in relation to a conviction in respect of a

recordable offence committed in England and Wales, the meaning given

by section 65A of that Act.’.

Member’s explanatory statement

This amendment amends new Article 64ZC of PACE so that where a person already has a convic­

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73

Crime and Security Bill, continued

tion in England and Wales for a recordable offence, or in Scotland for an offence which is punish­

able by imprisonment, the destruction regime in that section (persons subject to control order)

does not apply.

Mr David Hanson

133

Clause  15,  page  45,  line  38,  after ‘Article 64ZB’ insert ‘, or Articles 64ZD’.

Member’s explanatory statement

This amendment is consequential on amendments 132 and 132.

Mr Douglas Hogg

134

Clause  39,  page  80,  line  16,  leave out ‘or to both’.

Mr Douglas Hogg

135

Clause  39,  page  80,  leave out lines 19 to 25.

Mr Douglas Hogg

136

Clause  39,  page  80,  line  14,  leave out from ‘conviction,’ to ‘to’ in line 15.

Mr Douglas Hogg

137

Clause  39,  page  80,  line  18,  leave out ‘five’ and insert ‘two’.

Mr Douglas Hogg

138

Clause  39,  page  81,  line  4,  after ‘person’, insert ‘to the knowledge of the occupier’.

Mr Douglas Hogg

139

Clause  39,  page  81,  line  6,  after ‘section’, insert ‘and the occupier is aware of that

fact’.

Mr Douglas Hogg

140

Clause  39,  page  81,  line  33,  after first ‘or’, insert ‘wilful’.

Mr Douglas Hogg

141

Clause  39,  page  81,  line  33,  leave out from ‘of’ to end of line 34.

Mr Douglas Hogg

142

Clause  42,  page  83,  line  34,  leave out ‘eighteen’ and insert ‘fourteen’.

Mr Douglas Hogg

143

Clause  39,  page  81,  line  3,  at end insert—

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Crime and Security Bill, continued

‘(aa)

the occupier fails to display by a notice displayed in a prominent place

the name, address and telephone number of the person referred to in

paragraph (a);’.

Prohibition on 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.’.

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).

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75

Crime and Security Bill, continued

(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).

(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

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76

Crime and Security Bill, continued

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.

(2)	In sections [Restricted public places] to [Effect of sections [Prohibiton of alcohol

consumption in public places] to [Places which are not a restricted public place]

on byelaws] “local authority” means—

(a)	in relation to England—

(i)	a unitary authority;

(ii)	a district council so far as they are not a unitary authority,

(b)	in relation to Wales, a county council or a county borough council.

(3)	In subsection (2) “unitary authority” means—

(a)	the council or a county so far as they are the council for an area for which

there are no district councils;

(b)	the council of any district comprised in an area for which there is no

county council;

(c)	a London borough council;

(d)	the Common Council of the City of London in its capacity as a local

authority;

(e)	the Council of the Isles of Scilly.’.

Mr Douglas Hogg

144

Clause  39,  page  79,  line  8,  leave out from ‘conduct’ to end of line 9 and insert

‘falling within subsection (2).’.

Mr Douglas Hogg

145

Clause  39,  page  79,  line  10,  leave out from ‘person’ to end of line 11 and insert

‘commits an offence if that person engages in the following conduct—’.

Mr Douglas Hogg

146

Clause  39,  page  81,  leave out lines 4 to 22.

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Revised 29 January 2010