Police Reform Bill [HL]
AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Third Marshalled List]
| | THE LORD FAULKNER OF WORCESTER |
| 185A* | Page 31, line 34, after force insert ", including the British Transport Police," |
| | THE BARONESS HANHAM
THE BARONESS GARDNER OF PARKES |
| 254A* | Page 123, line 17, at end insert— |
| | "Power to use reasonable force to detain person |
| (1) | This paragraph applies where the accreditation of an accredited person— |
| (a) | specifies that this paragraph applies to him; |
| (b) | specifies that any or all of paragraphs 1 and 2 also apply to him; and |
| (c) | sets out the matters in respect of which he has the power conferred by this paragraph. |
| (2) | The matters that may be set out in an accreditation as the matters in respect of which a person has the power conferred by this paragraph shall be confined to— |
| (a) | offences that are relevant fixed penalty offences for the purposes of the application of paragraph 1 to the accredited person; |
| (b) | offences that are relevant offences for the purposes of the application of paragraph 2 to the accredited person; and |
| (c) | behaviour that constitutes acting in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)). |
| (3) | In any case in which a person to whom this paragraph applies has imposed a requirement on any other person under paragraph 2(1) or 3(1) in respect of anything appearing to him to be a matter set out in the accreditation, he may use reasonable force to prevent that other person from making off while he is either— |
| (a) | subject to a requirement imposed in that case by the accredited person under paragraph 2(2); or |
| (b) | accompanying the accredited person to a police station in accordance with an election made in that case under paragraph 2(3)." |
| 254B* | Page 124, line 11, at end insert— |
| (1) | This paragraph applies in respect of an accredited person— |
| (a) | whose accreditation specifies that this paragraph applies to him; and |
| (b) | whose employer, for the purposes of section 35 of this Act, is a local authority. |
| (2) | If an accredited person to whom this section applies has given a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling he may seize the cycle in respect of which the alleged offence was committed. |
| (3) | If any cycle is seized under sub-paragraph (2) and the person to whom the fixed penalty notice was given pays the fixed penalty before the end of the suspended enforcement period, the cycle shall be returned to that person. |
| (4) | The provisions of sub-paragraphs (5) to (9) shall have effect if— |
| (a) | any cycle is seized under sub-paragraph (2); and |
| (b) | the fixed penalty has not been paid in accordance with Part III of the 1988 Act before the end of the suspended enforcement period. |
| (5) | Subject to sub-paragraph (8), following the conclusion of any proceedings in respect of the alleged offence the cycle shall be returned to the person from whom it was seized unless the court orders it to be forfeited under sub-paragraph (7). |
| (6) | If the recipient has not given notice requesting a hearing in respect of the offence to which the fixed penalty notice relates in the manner specified in the notice, the local authority may make an application to the court for an order that the cycle seized under sub-paragraph (2) shall be forfeited. |
| (7) | Subject to sub-paragraph (8), the court— |
| (a) | by or before which a person is convicted of an offence under section 72 of the 1835 Act committed by cycling; or |
| (b) | to whom an application for forfeiture is made under sub-paragraph (6), |
may order any cycle produced to the court, and shown to the satisfaction of the court to relate to the offence, or as the case may be the alleged offence, to be forfeited and dealt with in such manner as the court may order.
| (8) | The court shall not order a cycle to be forfeited under sub-paragraph (7) where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made, and in considering whether to make such an order a court shall have regard— |
| (a) | to the value of the cycle; and |
| (b) | to the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making). |
| (9) | The court may order forfeiture notwithstanding that the value of the cycle exceeds the maximum penalty for the commission of an offence under section 72 of the 1835 Act. |
| (10) | In this paragraph "local authority" means— |
| (a) | in relation to England, a county council, a district council or a London borough council; and |
| (b) | in relation to Wales, a county council or a county borough council; and |
"suspended enforcement period" has the meaning ascribed to it under section 52(3)(a) of the 1988 Act (fixed penalty notices)."
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