Police Reform Bill [HL]
FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 14th February 2002, as follows—
Clauses 44 to 55
Clauses 28 to 32
Clauses 56 to 78 | Schedules 7 and 8
Clause 79 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 270 | Page 38, line 28, after "orders))," insert "based on a complaint from any member of the public affected by the anti-social behaviour in question," |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill. |
| 270A | Insert the following new Clause— |
| | "Power to search for firearms |
| | If a police constable has reason to believe that a person or persons in a particular area may be carrying firearms, he may arrange— |
| (a) | for the area to be sealed off; and |
| (b) | for the searching for firearms of any people or vehicles in that area, by whatever means he considers appropriate." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill. |
| 271 | Insert the following new Clause— |
| (1) | The Road Traffic Act 1988 (c. 52) is amended as follows. |
| (2) | After section 6 (breath tests) there shall be inserted— |
| (1) | Where a constable in uniform has reasonable cause to suspect— |
| (a) | that a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has a drug in his body or has committed a traffic offence whilst the vehicle was in motion; |
| (b) | that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with drugs in his body and that that person still has a drug in his body; or |
| (c) | that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion; |
| | he may, subject to section 9 of this Act, require him to provide a specimen of saliva for a saliva drugs test. |
| (2) | If an accident occurs owing to the presence of a motor vehicle on a road or other public place, a constable may, subject to section 9 of this Act, require any person who he has reasonable cause to believe was driving or attempting to drive or in charge of the vehicle at the time of the accident to provide a specimen of saliva for a saliva drugs test. |
| (3) | A person may be required under subsection (1) or (2) above to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under subsection (2) above, and the constable making the requirement thinks fit, at a police station specified by the constable. |
| (4) | A person who, without reasonable excuse, fails to provide a specimen of saliva when required to do so in pursuance of this section is guilty of an offence. |
| (5) | A constable may arrest a person without warrant if— |
| (a) | as a result of a saliva test he has reasonable cause to suspect that that person has committed an offence under section 4 of this Act; or |
| (b) | that person has failed to provide a specimen of saliva for a saliva drugs test when required to do so in pursuance of this section and the constable has reasonable cause to suspect that he has a drug in his body; |
| | but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient or the drugs have been prescribed by a medical practitioner. |
| (6) | A constable may, for the purpose of requiring a person to provide a specimen of saliva under subsection (2) above in a case where he has reasonable cause to suspect that the accident involved injury to another person or of arresting him in such a case under subsection (5) above, enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be. |
| (7) | Subsection (6) above does not extend to Scotland, and nothing in that subsection shall affect any rule of law in Scotland concerning the right of a constable to enter any premises for any purpose. |
| (8) | In this section "traffic offence" means an offence under— |
| (a) | any provision of Part 2 of the Public Passenger Vehicles Act 1981 (c. 14); |
| (b) | any provision of the Road Traffic Regulation Act 1984 (c. 27); |
| (c) | any provision of the Road Traffic Offenders Act 1988 (c. 53) except Part 3; or |
| (d) | any provision of this Act except Part 5."" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 272 | Page 41, leave out lines 17 and 18 and insert— |
| "(d) | the constable has reasonable grounds to believe that the incapacity of the person is attributable to medical reasons." |
| 273 | Page 41, leave out line 34 and insert— |
| "(b) | to store the same at the place where the person from whom the sample has been taken is being treated. |
| ( ) | The sample shall be kept in a secure storage facility at the place where the person from whom the same has been taken is being treated and no person shall have access to the sample without the consent or the permission of the suspect from whom it was taken." |
| 274 | Page 41, leave out line 41 |
| 275 | Page 41, line 41, at end insert— |
| "( ) | The requirement in subsection (4)(c) shall not apply if an officer of at least the rank of inspector authorises the specimen to be subject to a laboratory test." |
| 276 | Page 41, line 41, at end insert— |
| "( ) | A sample taken in accordance with this section shall be kept in a secure storage facility at the place where the person from whom the sample was taken is being treated and no other person shall have access to the sample without the consent or permission of the person from whom it was taken." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 277 | Page 41, line 44, after "permission" insert "without reasonable excuse" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 278 | Page 45, leave out lines 1 and 2 and insert— |
| "(d) | the constable has reasonable grounds to believe that the incapacity of the person is attributable to medical reasons. |
| 279 | Page 45, leave out line 18 and insert— |
| "(b) | to store the same at the place where the person from whom the sample has been taken is being treated. |
| ( ) | The sample shall be kept in a secure storage facility at the place where the person from whom the same has been taken is being treated and no person shall have access to the sample without the consent or the permission of the suspect from whom it was taken." |
| 280 | Page 45, line 25, at end insert— |
| "( ) | The requirement in subsection (4)(c) shall not apply if an officer of at least the rank of inspector authorises the specimen to be subject to a laboratory test." |
| 281 | Page 45, line 28, after "permission," insert "without reasonable excuse" |
| 282 | Page 46, line 31, at beginning insert "Subject to subsection (8A) below," |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 283 | Page 46, line 33, leave out "or 34" and insert "4, 5, 34 or 103(1)(b)" |
| 284 | Page 46, line 33, leave out "or 34" and insert "4, 5, 34, 103(1)(b) and 143" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 285 | Page 46, line 40, at end insert "within the previous four weeks" |
| 286 | Page 46, line 44, leave out paragraph (b) and insert— |
| "( ) | power to take possession of the motor vehicle and remove it to a police property centre or car pound;" |
| 287 | Page 47, line 2, leave out from "premises" to end of line 3 and insert "where the constable has reasonable grounds to believe the motor vehicle is" |
| 288 | Page 47, line 3, at end insert "or any part thereof" |
| 289 | Page 47, line 27, leave out "twelve" and insert "six" |
| 290 | Page 47, line 40, at end insert— |
| "( ) | Subsection (1) does not apply to any vehicle when used for an emergency purpose." |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 291 | Page 47, line 41, at end insert— |
| "( ) | The powers of disposal of vehicles under this Act shall not apply or arise unless and until the owner of the relevant vehicle has been convicted of a criminal offence in respect of the use of the vehicle which led to the seizure." |
| 292 | Page 47, line 46, leave out "may" and insert "shall" |
| 293 | Page 48, line 4, after "procedure" insert ", to include the production of a valid certificate of insurance," |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 294 | Page 48, line 5, after "52" insert ", or who claims to have an interest in or right to possession of the vehicle," |
| 295 | Page 48, line 6, after "costs" insert "which are reasonable" |
| 296 | Page 48, line 10, at end insert "or destroyed" |
| | THE LORD DIXON-SMITH
THE VISCOUNT BRIDGEMAN |
| 297 | Page 48, line 26, at end insert "or been aware of such use. |
| ( ) | The burden of proof in any proceedings arising out of this section shall lie on the party who has seized or detained the vehicle, and not on the owner or person with a right to possession of and interest in the same." |
| 298 | Page 48, line 34, at end insert— |
| "( ) | A person whose vehicle has been seized under section 52 may apply to a magistrates' court within the relevant jurisdiction within 28 days for an order that the vehicle be released by the relevant authority. |
| ( ) | Upon such an application, it shall be for the relevant authority to show on the balance of probabilities that the relevant police constable did have reasonable grounds to seize the vehicle. |
| ( ) | Failure to satisfy the court will result in the vehicle being returned immediately to the applicant and the applicant's costs being paid by the relevant authority. |
| ( ) | If a court is satisfied that there were good reasons, it may order that the vehicle be returned but also that the relevant authority's reasonable costs be met for the seizure and storage of the vehicle. |
| ( ) | If a court is satisfied that it is in the public interest that a vehicle remain seized, it may so order but only for a total period of 6 months." |
| 298A | Insert the following new Clause— |
| | "Anti-social behaviour orders |
| (1) | Section 1 of the Crime and Disorder Act 1998 (c.37) (anti-social behaviour orders) shall be amended as follows. |
| (2) | For paragraph (b) of subsection (1) (authority to be satisfied that order is necessary to protect persons), there shall be substituted— |
| "(b) | that such an order is necessary to protect relevant persons from further anti-social acts by him." |
| (3) | The words after that paragraph (which specify the authorities who, as relevant authorities, are entitled to apply for anti-social behaviour orders) shall be omitted. |
| (4) | After subsection (1) there shall be inserted— |
| "(1A) | In this section and sections 1B and 1E "relevant authority" means— |
| (a) | the council for a local government area; |
| (b) | the chief officer of police of any police force maintained for a police area; |
| (c) | the chief constable of the British Transport Police Force; or |
| (d) | any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area. |
| (1B) | In this section "relevant persons" means— |
| (a) | in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council; |
| (b) | in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area; |
| (c) | in relation to a relevant authority falling within paragraph (c) of that subsection— |
| (i) | persons who are on or likely to be on policed premises in a local government area; or |
| (ii) | persons who are in the vicinity of or likely to be in the vicinity of such premises; |
| (d) | in relation to a relevant authority falling within paragraph (d) of that subsection— |
| (i) | persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or |
| (ii) | persons who are in the vicinity of or likely to be in the vicinity of such premises." |
| (5) | Subsection (2) (which is superseded by the provision made by section (Consultation requirements) of this Act) shall cease to have effect. |
| (6) | In subsection (3) (which identifies the court to which an application should be made), for the words from "the place" to the end there shall be substituted "the local government area or police area concerned". |
| (7) | For subsection (6) (nature of prohibitions which may be imposed by order) there shall be substituted— |
| "(6) | The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant." |
| (8) | In subsection (12) of that section (interpretation)— |
| (a) | after "In this section—" there shall be inserted— |
| | "`British Transport Police Force' means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);"; and |
| (b) | after the definition of "local government area" there shall be inserted— |
| | ""policed premises" has the meaning given by section 53(3) of the British Transport Commission Act 1949." |
| (9) | Nothing in this section applies in relation to any application made under section 1 of the Crime and Disorder Act 1998 before the coming into force of this section." |
| 298B | Insert the following new Clause— |
| | "Power of Secretary of State to add to relevant authorities |
| (1) | After section 1 of the Crime and Disorder Act 1998, there shall be inserted— |
| "1A | Power of Secretary of State to add to relevant authorities |
| | The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a police authority is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of section 1 above." |
| (2) | In section 114 of that Act (negative resolution procedure for orders) after "section" there shall be inserted "1A,"." |
| 298C | Insert the following new Clause— |
| | "Orders in county court proceedings |
| | After section 1A of the Crime and Disorder Act 1998 (which is inserted by section (Power of Secretary of State to add to relevant authorities)), there shall be inserted— |
| "1B | Orders in county court proceedings |
| (1) | This section applies to any proceedings in a county court ("the principal proceedings"). |
| (2) | If a relevant authority— |
| (a) | is a party to the principal proceedings, and |
| (b) | considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1, |
| | it may make an application in those proceedings for an order under subsection (4). |
| (3) | If a relevant authority— |
| (a) | is not a party to the principal proceedings, and |
| (b) | considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1, |
| | it may make an application to be joined to those proceedings to enable it to apply for an order under subsection (4) and, if it is so joined, may apply for such an order. |
| (4) | If, on an application for an order under this subsection, it is proved that the conditions mentioned in section 1(1) are fulfilled as respects that other party, the court may make an order which prohibits him from doing anything described in the order. |
| (5) | Subject to subsection (6), the party to the principal proceedings against whom an order under this section has been made and the relevant authority on whose application that order was made may apply to the county court which made an order under this section for it to be varied or discharged by a further order. |
| (6) | Except with the consent of the relevant authority and the person subject to the order, no order under this section shall be discharged before the end of the period of two years beginning with the date of service of the order. |
| (7) | Subsections (5) to (7) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders made under this section as they apply for the purposes of the making and effect of anti-social behaviour orders."" |
| 298D | Insert the following new Clause— |
| | "Orders on conviction in criminal proceedings |
| | After section 1B of the Crime and Disorder Act 1998 (which is inserted by section (Orders in county court proceedings)), there shall be inserted— |
| "1C | Orders on conviction in criminal proceedings |
| (1) | This section applies where a person (the "offender") is convicted of a relevant offence. |
| (2) | If the court considers— |
| (a) | that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself, and |
| (b) | that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him, |
| | it may make an order which prohibits the offender from doing anything described in the order. |
| (3) | The court may make an order under this section whether or not an application has been made for such an order. |
| (4) | An order under this section shall not be made except— |
| (a) | in addition to a sentence imposed in respect of the relevant offence; or |
| (b) | in addition to an order discharging him conditionally. |
| (5) | An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody. |
| (6) | An offender subject to an order under this section may apply to the court which made it for it to be varied or discharged. |
| (7) | In the case of an order under this section made by a magistrates' court, the reference in subsection (6) to the court by which the order was made includes a reference to any magistrates' court acting for the same petty sessions area as that court. |
| (8) | No application may be made under subsection (6) before the end of the period of two years beginning with the day on which the order takes effect. |
| (9) | Subsections (7), (10) and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders. |
| | "the commencement date" has the same meaning as in section 1 above; |
| | "the court" in relation to an offender means— |
| (a) | the court by or before which he is convicted of the relevant offence; or |
| (b) | if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and |
| | "relevant offence" means an offence committed after the coming into force of section (Orders on conviction in criminal proceedings) of the Police Reform Act 2002."" |
| 298E | Insert the following new Clause— |
| (1) | After section 1C of the Crime and Disorder Act 1998 (which is inserted by section (Orders on conviction in criminal proceedings)), there shall be inserted— |
| (1) | The applications to which this section applies are— |
| (a) | an application for an anti-social behaviour order; and |
| (b) | an application for an order under section 1B. |
| (2) | If, before determining an application to which this section applies, the court considers that it is just to make an order under this section pending the determination of that application ("the main application"), it may make such an order. |
| (3) | An order under this section is an order which prohibits the defendant from doing anything described in the order. |
| (4) | An order under this section— |
| (a) | shall be for a fixed period; |
| (b) | may be varied, renewed or discharged; |
| (c) | shall, if it has not previously ceased to have effect, cease to have effect on the determination of the main application. |
| (5) | Subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders." |
| (2) | In section 4(1) of that Act (appeals), for "order or" there shall be substituted ", an order under section 1D or a"." |
| 298F | Insert the following new Clause— |
| | "Consultation requirements |
| | After section 1D of the Crime and Disorder Act 1998 (which is inserted by section (Interim orders)), there shall be inserted— |
| "1E | Consultation requirements |
| | Before making an application for an anti-social behaviour order or for an order under section 1B— |
| (a) | the council for a local government area shall consult every chief officer of police of any police force maintained for a police area within which any part of that local government area lies; |
| (b) | any such chief officer shall consult that council and every other such chief officer; and |
| (c) | any other relevant authority shall consult both that council and every such chief officer."" |
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