|
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172D | Variation and revocation of early morning alcohol restriction order |
| |
(1) | A licensing authority may vary or revoke an order under section 172A. |
| |
(2) | Sections 172B and 172C apply in relation to the variation or revocation |
| |
of an order under section 172A as in relation to the making of such an |
| |
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172E | Exceptions from effect of early morning alcohol restriction order |
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(1) | An order under section 172A does not apply in prescribed cases or |
| |
| |
(2) | The cases referred to in subsection (1) may in particular be defined by |
| |
| 10 |
(a) | particular kinds of premises, or |
| |
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(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.” |
| 15 |
(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),”. |
| |
Searches of controlled persons |
| 20 |
56 | Persons subject to control order: powers of search and seizure |
| |
(1) | In the Prevention of Terrorism Act 2005, after section 7C there is inserted— |
| |
“7D | Powers of personal search and seizure |
| |
| |
(a) | search a controlled person (in his place of residence or |
| 25 |
elsewhere) for the purpose mentioned in subsection (2); |
| |
(b) | detain a person for the purpose of such a search. |
| |
| |
(a) | in a case where the search is carried out in connection with a |
| |
journey for which the controlled person is escorted by a |
| 30 |
constable, that of ascertaining that the controlled person is not |
| |
in possession of anything that could be used to threaten or harm |
| |
| |
(b) | in any case, that of ascertaining whether obligations imposed by |
| |
or under the control order have been, are being, or are about to |
| 35 |
| |
(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 |
| 40 |
| |
| |
| |
|
| |
| |
(a) | for the purpose of ascertaining whether obligations imposed by |
| |
or under the control order have been, are being, or are about to |
| |
| |
(b) | for the purpose of securing that the controlled person complies |
| |
| 5 |
(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; |
| |
| 10 |
(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 |
| 15 |
(1) | Anything that is seized under section 7D(4) may be— |
| |
| |
(b) | retained for as long as is necessary in all the circumstances |
| |
(which may be beyond the period for which the control order |
| |
| 20 |
(2) | In particular (and regardless of the ground on which the thing was |
| |
| |
(a) | if a constable has reasonable grounds for believing that the |
| |
thing is or contains evidence in relation to an offence, it may be |
| |
| 25 |
(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 |
| 30 |
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 |
| |
| |
(4) | Nothing in this section affects any power of a court to make an order |
| 35 |
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— |
| 40 |
“(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 |
| 45 |
(which may be beyond the period for which the control order |
| |
| |
| |
| |
|
| |
| |
| |
(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 |
| 5 |
(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 |
| 10 |
in subsection (5B)(a) if a photograph or copy would be sufficient |
| |
| |
(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 |
| |
| 15 |
| |
| |
The following are to be paid out of money provided by Parliament— |
| |
(a) | expenditure incurred by the Secretary of State by virtue of this Act; |
| |
(b) | any increase attributable to this Act in the sums payable under any |
| 20 |
other Act out of money so provided. |
| |
| |
(1) | Section 1 (police powers: stop and search) extends to England and Wales only. |
| |
(2) | Sections 2 to 7 (taking of fingerprints and samples: England and Wales) extend |
| |
to England and Wales only, except that section 5(2) extends also to Northern |
| 25 |
| |
(3) | Sections 8 to 13 (taking of fingerprints and samples: Northern Ireland) extend |
| |
to Northern Ireland only, except that section 11(2) extends also to England and |
| |
| |
(4) | Section 14 (material subject to the Police and Criminal Evidence Act 1984) |
| 30 |
extends to England and Wales only. |
| |
(5) | Section 15 (material subject to the Police and Criminal Evidence (Northern |
| |
Ireland) Order 1989) extends to Northern Ireland only. |
| |
(6) | Section 16 (material subject to the Criminal Procedure (Scotland) Act 1995) |
| |
extends to Scotland only. |
| 35 |
(7) | Sections 17 and 18 (material subject to the Terrorism Act 2000) extend to |
| |
England and Wales, Scotland and Northern Ireland. |
| |
(8) | Section 19 (material subject to the International Criminal Court Act 2001) |
| |
extends to England and Wales and Northern Ireland only. |
| |
(9) | Sections 20 to 23 (further provision relating to the retention, destruction and |
| 40 |
use of fingerprints and samples etc) extend to England and Wales, Scotland |
| |
| |
| |
| |
|
| |
| |
(10) | Sections 24 to 41 (domestic violence, gang-related violence and anti-social |
| |
behaviour orders) extend to England and Wales only. |
| |
(11) | Sections 42 to 44 (private security industry) extend to England and Wales, |
| |
Scotland and Northern Ireland. |
| |
(12) | Section 45 (prison security) extends to England and Wales only. |
| 5 |
(13) | Section 46 (air weapons) extends to England and Wales and Scotland only. |
| |
(14) | Sections 47 to 54 (compensation of victims of overseas terrorism) extend to |
| |
England and Wales, Scotland and Northern Ireland. |
| |
(15) | Section 55 (sale and supply of alcohol) extends to England and Wales only. |
| |
(16) | Section 56 (persons subject to control order: powers of search and seizure) |
| 10 |
extends to England and Wales, Scotland and Northern Ireland. |
| |
(17) | Sections 57 to 60 (final) extend to England and Wales, Scotland and Northern |
| |
| |
| |
(1) | The provisions of this Act come into force on such day as the Secretary of State |
| 15 |
may by order appoint, subject to subsections (2) and (3). |
| |
(2) | The following provisions come into force on the day on which this Act is |
| |
| |
(a) | section 33 (pilot schemes relating to domestic violence provisions); |
| |
(b) | sections 47 to 54 (compensation of victims of overseas terrorism); |
| 20 |
(c) | sections 57 to 60 (final). |
| |
(3) | Sections 42 and 43 (private security industry) come into force, so far as |
| |
extending to Scotland, on such day as the Scottish Ministers may by order |
| |
appoint after consulting the Secretary of State. |
| |
(4) | An order made by the Secretary of State under subsection (1) may— |
| 25 |
(a) | appoint different days for different purposes; |
| |
(b) | make transitional provision and savings; |
| |
(c) | appoint different days in relation to different areas in respect of any of |
| |
| |
(i) | section 1 (records of searches); |
| 30 |
(ii) | sections 24 to 32 (domestic violence); |
| |
(iii) | sections 34 to 39 (gang-related violence). |
| |
(5) | An order made by the Scottish Ministers under subsection (3) may— |
| |
(a) | appoint different days for different purposes; |
| |
(b) | make transitional provision and savings. |
| 35 |
(6) | An order under this section is to be made by statutory instrument. |
| |
| |
This Act may be cited as the Crime and Security Act 2010. |
| |
| |
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