Serious Organised Crime and Police Bill

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 3 — Amendments relating to references to arrestable offences and serious arrestable offences
185

convicted of fraud or serious crime), in subsection (1)(a), for sub-paragraph
(ii) substitute—
“(ii)
an indictable offence; and”.
Police and Criminal Evidence Act 1984 (c. 60)
31    (1)
The Police and Criminal Evidence Act 1984 is amended as follows.
5
      (2)
In section 4 (road checks)—
(a)
for “a serious arrestable offence”, in each place where it occurs,
substitute “an indictable offence”,
(b)
in subsection (14), for “serious arrestable offence” substitute
“indictable offence”.
10
      (3)
In section 8 (powers to authorise entry and search), for “a serious arrestable
offence”, in both places, substitute “an indictable offence”.
      (4)
In section 17 (entry for purpose of arrest etc.), in subsection (1)(b), for
“arrestable” substitute “indictable”.
      (5)
In section 18 (entry and search after arrest), in subsection (1), for “arrestable”,
15
in both places, substitute “indictable”.
      (6)
In section 32 (search upon arrest), in subsection (2), for paragraph (b)
substitute—
“(b)
if the offence for which he has been arrested is an indictable
offence, to enter and search any premises in which he was
20
when arrested or immediately before he was arrested for
evidence relating to the offence.”
      (7)
In section 42 (authorisation of continued detention), in subsection (1)(b), for
“arrestable” substitute “indictable”.
      (8)
In section 43 (warrants of further detention), in subsection (4)(b), for “a
25
serious arrestable offence” substitute “an indictable offence”.
      (9)
In section 56 (right to have someone informed when arrested)—
(a)
in each of subsections (2)(a) and (5)(a), for “a serious arrestable
offence” substitute “an indictable offence”,
(b)
in subsection (5A)(a), for “the serious arrestable offence” substitute
30
“the indictable offence”.
     (10)
In section 58 (access to legal advice)—
(a)
in each of subsections (6)(a) and (8)(a), for “a serious arrestable
offence” substitute “an indictable offence”,
(b)
in subsection (8A)(a), for “the serious arrestable offence” substitute
35
“the indictable offence”.
     (11)
In section 114A (power to apply Act to officers of Secretary of State), in
subsection (2)(c), for “a serious arrestable offence”, in both places, substitute
“an indictable offence”.
     (12)
Section 116 (meaning of “serious arrestable offence”) shall cease to have
40
effect.
     (13)
In Schedule 1 (special procedure material), in paragraph 2(a)(i), for “a
serious arrestable offence” substitute “an indictable offence”.

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 3 — Amendments relating to references to arrestable offences and serious arrestable offences
186

     (14)
Schedule 5 (serious arrestable offences) shall cease to have effect.
Administration of Justice Act 1985 (c. 61)
32
In section 16 of the Administration of Justice Act 1985 (conditional licences
for licensed conveyancers), in subsection (1)(ia), for “a serious arrestable
offence (as defined by section 116 of the Police and Criminal Evidence Act
5
1984)” substitute “an indictable offence”.
Housing Act 1985 (c. 68)
33
In Part 1 of Schedule 2 to the Housing Act 1985 (which sets out grounds
upon which a court may, if it considers it reasonable, order possession of
dwelling-houses let under secure tenancies), in Ground 2, in paragraph
10
(b)(ii), for “arrestable” substitute “indictable”.
Housing Act 1988 (c. 50)
34
In Part 2 of Schedule 2 to the Housing Act 1988 (which sets out grounds on
which a court may order possession of dwelling-houses let on assured
tenancies), in Ground 14, in paragraph (b)(ii), for “arrestable” substitute
15
“indictable”.
Criminal Justice and Public Order Act 1994 (c. 33)
35    (1)
The Criminal Justice and Public Order Act 1994 is amended as follows.
      (2)
In section 137 (cross-border powers of arrest etc.)—
(a)
in subsection (1), for “conditions applicable to this subsection are”
20
substitute “condition applicable to this subsection is”,
(b)
for subsection (4) substitute—
“(4)
The condition applicable to subsection (1) above is that it
appears to the constable that it would have been lawful for
him to have exercised the powers had the suspected person
25
been in England and Wales.”,
(c)
in subsection (9), for the definition of ““arrestable offence” and
“designated police station”” substitute—
““arrestable offence” has the same meaning as in the Police
and Criminal Evidence (Northern Ireland) Order 1989
30
(“the 1989 Order”);
“designated police station” has the same meaning as in the
Police and Criminal Evidence Act 1984 or, in relation to
Northern Ireland, as in the 1989 Order; and”.
      (3)
In section 138 (provisions supplementing section 137), in subsection (3), for
35
“subsections (4)(b) and (6)(b)” substitute “subsection (6)(b)”.
      (4)
In section 140 (reciprocal powers of arrest), in subsection (1), for “section
24(6) or (7) or 25” substitute “section 24”.
      (5)
This paragraph extends to the whole of the United Kingdom.

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 3 — Amendments relating to references to arrestable offences and serious arrestable offences
187

Terrorism Act 2000 (c. 11)
36    (1)
In Schedule 8 to the Terrorism Act 2000 (detention), in paragraph 8 (which
relates to the rights of a person detained under Schedule 7 to or section 41 of
that Act)—
(a)
in sub-paragraph (4), for “serious arrestable offence”, in each place
5
where it occurs, substitute “serious offence”,
(b)
in sub-paragraph (9), for the words before paragraph (a) substitute
“In this paragraph, references to a “serious offence” are (in relation to
England and Wales) to an indictable offence, and (in relation to
Northern Ireland) to a serious arrestable offence within the meaning
10
of Article 87 of the Police and Criminal Evidence (Northern Ireland)
Order 1989; but also include—”.
      (2)
This paragraph extends to the whole of the United Kingdom.
Armed Forces Act 2001 (c. 19)
37
In section 5 of the Armed Forces Act 2001 (power of judicial officer to
15
authorise entry and search of certain premises), in subsection (2)(a), for “a
serious arrestable offence for the purposes of the 1984 Act” substitute “an
indictable offence”.

This paragraph has the same extent as the Armed Forces Act 2001.
International Criminal Court Act 2001 (c. 17)
20
38    (1)
The International Criminal Court Act 2001 is amended as follows.
      (2)
In section 33 (entry, search and seizure), in subsection (2), for “a serious
arrestable offence” substitute “(in the case of Part 2 of the 1984 Act) to an
indictable offence or (in the case of Part III of the 1989 Order) to a serious
arrestable offence”.
25
      (3)
In section 55 (meaning of “ancillary offence” under the law of England and
Wales), in subsection (5), in each of paragraphs (a) and (b), for “an arrestable
offence” substitute “a relevant offence”.
      (4)
This paragraph extends to England and Wales and to Northern Ireland (but
not to Scotland).
30
Crime (International Co-operation) Act 2003 (c. 32)
39    (1)
The Crime (International Co-operation) Act 2003 is amended as follows.
      (2)
In section 16 (extension of statutory search powers in England and Wales
and Northern Ireland), in subsection (1)—
(a)
for “serious arrestable offences” substitute “indictable offences”,
35
(b)
in paragraph (b), for “a serious arrestable offence” substitute “an
indictable offence”.
      (3)
In section 17 (warrants in England and Wales or Northern Ireland), in
subsection (3)—
(a)
for paragraph (b) substitute—
40
“(b)
the conduct constituting the offence which is the
subject of the proceedings or investigation would (if it
occurred in England and Wales) constitute an

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 4 — Other amendments
188

indictable offence, or (if it occurred in Northern
Ireland) constitute an arrestable offence, and”,
(b)
in the definition of “arrestable offence”, omit the words “the Police
and Criminal Evidence Act 1984 (c.60) or (as the case may be)”.
      (4)
This paragraph extends to the whole of the United Kingdom.
5
Part 4
Other amendments
Game Laws (Amendment) Act 1960 (c. 36)
40    (1)
The Game Laws (Amendment) Act 1960 is amended as follows.
      (2)
In section 2 (power of police to enter on land), in subsection (1)(b), for
10
“section 25” substitute “section 24”.
      (3)
In section 4 (further provisions as to seizure and forfeiture), in subsection (1),
for “section 25” substitute “section 24”.
Immigration Act 1971 (c. 77)
41
In section 28A of the Immigration Act 1971 (arrest without warrant), in each
15
of subsections (1) and (9A), for “A constable or” substitute “An”.
Customs and Excise Management Act 1979 (c. 2)
42
In section 138 of the Customs and Excise Management Act 1979 (provisions
about arrest), in subsection (4)(b), after “section 24” insert “or 24A”.

This paragraph has the same extent as that Act.
20
Animal Health Act 1981 (c. 22)
43    (1)
The Animal Health Act 1981 is amended as follows.
      (2)
In section 61 (powers of arrest as to rabies)—
(a)
in subsection (2), after “applies” insert “for the purposes of section
17(1)(caa) of the Police and Criminal Evidence Act 1984”,
25
(b)
for the heading substitute “Powers of entry and search in relation to
rabies offences”.
      (3)
For the heading to section 62 (entry and search under section 61) substitute
“Entry and search in exercise of powers to seize animals”.
Wildlife and Countryside Act 1981 (c. 69)
30
44
In section 19 of the Wildlife and Countryside Act 1981 (enforcement), in
subsection (2), for “section 25” substitute “section 24”.

This paragraph extends also to Scotland.
Aviation Security Act 1982 (c. 36)
45
In section 13 of the Aviation Security Act 1982 (power to require aerodrome
35
managers to promote searches at airports), in subsection (5)(a), for “25”
substitute “24A”.

Serious Organised Crime and Police Bill
Schedule 7 — Powers of Arrest: Supplementary
Part 4 — Other amendments
189


This paragraph has the same extent as that Act.
Police and Criminal Evidence Act 1984 (c. 60)
46
In section 17 of the Police and Criminal Evidence Act 1984 (entry for purpose
of arrest etc.), in subsection (1)—
(a)
for paragraph (c)(iiia) substitute—
5
“(iiia)
section 4 (driving etc. when under
influence of drink or drugs) or 163
(failure to stop when required to do so
by constable in uniform) of the Road
Traffic Act 1988;
10
(iiib)
section 27 or 29 of the Transport and
Works Act 1992 (which relate to
offences involving drink or drugs and
to associated breath tests);”,
(b)
after paragraph (ca) insert—
15
“(caa)
of arresting a person for an offence to which section 61
of the Animal Health Act 1981 applies;”.
Road Traffic Act 1988 (c. 52)
47
In section 184 of the Road Traffic Act 1988 (application of sections 5 to 10 of
that Act to persons subject to service discipline), for subsection (2)
20
substitute—
“(2)
A member of the provost staff may arrest a person for the time being
subject to service discipline without warrant if he has reasonable
cause to suspect that that person is or has been committing an offence
under section 4.
25
(2A)
The power conferred by subsection (2) is exercisable outside as well
as within Great Britain.”

This paragraph has the same extent as section 184 of that Act.
Aviation and Maritime Security Act 1990 (c. 31)
48
In section 22 of the Aviation and Maritime Security Act 1990 (power to
30
require harbour authorities to promote searches in harbour areas), in
subsection (10)(a), for “25” substitute “24A”.

This paragraph has the same extent as that Act.
Deer Act 1991 (c. 54)
49
In section 12 of the Deer Act 1991 (powers of search, arrest and seizure), in
35
subsection (2)(b), for “section 25” substitute “section 24”.
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
50
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is
amended as follows—
(a)
in section 2 (entering U.K. without passport, etc.), in subsection (10),
40
for “a constable or” substitute “an”,

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
190

(b)
in section 35 (deportation or removal: cooperation), in subsection (5),
for “a constable or” substitute “an”.
Gangmasters (Licensing) Act 2004 (c. 11)
51
The Gangmasters (Licensing) Act 2004 is amended as follows—
(a)
in section 14 (offences: supplementary), in subsection (1), for “section
5
24(4) and (5)” substitute “section 24A”,
(b)
in Schedule 2 (application of Act to Northern Ireland), in paragraph
14, for “section 24(4) and (5)” substitute “section 24A”.

This paragraph has the same extent as that Act.
Schedule 8
10
Section 118

Powers of designated and accredited persons
Part 1
Designated persons
1
Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by
police civilians) is amended as follows.
15
Community support officers
2     (1)
Paragraph 2 (power to detain etc.) is amended as follows.
      (2)
In sub-paragraph (1), at the end add “, but such a designation may specify
that, in relation to that person, the application of sub-paragraph (2) of this
paragraph is confined to one or more only (and not to all) relevant offences
20
or relevant licensing offences, being in each case specified in the
designation.”
      (3)
In sub-paragraph (2)—
(a)
at the beginning insert “Subject to sub-paragraph (3A),”,
(b)
after “area,” insert “or a relevant licensing offence (whether or not in
25
the relevant police area),”.
      (4)
In sub-paragraph (3), at the end add the following new sentence—

“This sub-paragraph does not apply if the requirement was
imposed in connection with a relevant licensing offence
mentioned in paragraph (a), (c) or (f) of sub-paragraph (6A)
30
believed to have been committed on licensed premises (within the
meaning of the Licensing Act 2003).”
      (5)
After sub-paragraph (3) insert—
   “(3A)
The power to impose a requirement under sub-paragraph (2) in
relation to an offence under a relevant byelaw is exercisable only
35
in a place to which the byelaw relates.
     (3B)
Where—
(a)
a designation applies this paragraph to any person (“the
CSO”); and

Serious Organised Crime and Police Bill
Schedule 8 — Powers of designated and accredited persons
Part 1 — Designated persons
191

(b)
by virtue of the designation the CSO has the power to
impose a requirement under sub-paragraph (2) in relation
to an offence under a relevant byelaw,

the CSO shall also have any power a constable has under the
relevant byelaw to remove a person from a place.
5
     (3C)
Where a person to whom this paragraph applies (“the CSO”) has
reason to believe that another person is committing an offence
under section 3 or 4 of the Vagrancy Act 1824, and requires him to
stop doing whatever gives rise to that belief, the CSO may, if the
other person fails to stop as required, require him to wait with the
10
CSO, for a period not exceeding thirty minutes, for the arrival of a
constable.”
      (6)
In sub-paragraph (4), after “(3)” insert “or (3C)”.
      (7)
In sub-paragraph (5)(b), after “(3)” insert “or (3C)”.
      (8)
In sub-paragraph (6), after the paragraph (ab) inserted by paragraph 12(2) of
15
Schedule 14 to this Act, insert—
“(ac)
an offence under section 3 or 4 of the Vagrancy Act 1824; or
(ad)
an offence under a relevant byelaw; or”.
      (9)
After sub-paragraph (6) insert—
   “(6A)
In this paragraph “relevant licensing offence” means an offence
20
under any of the following provisions of the Licensing Act 2003—
(a)
section 141 (otherwise than by virtue of subsection (2)(c) or
(3) of that section);
(b)
section 142;
(c)
section 146(1);
25
(d)
section 149(1)(a), (3)(a) or (4)(a);
(e)
section 150(1);
(f)
section 150(2) (otherwise than by virtue of subsection (3)(b)
of that section);
(g)
section 152(1) (excluding paragraph (b)).
30
     (6B)
In this paragraph “relevant byelaw” means a byelaw included in a
list of byelaws which—
(a)
have been made by a relevant body with authority to make
byelaws for any place within the relevant police area; and
(b)
the chief officer of the police force for the relevant police
35
area and the relevant body have agreed to include in the
list.
     (6C)
The list must be published by the chief officer in such a way as to
bring it to the attention of members of the public in localities
where the byelaws in the list apply.
40
     (6D)
A list of byelaws mentioned in sub-paragraph (6B) may be
amended from time to time by agreement between the chief officer
and the relevant body in question, by adding byelaws to it or
removing byelaws from it, and the amended list shall also be
published by the chief officer as mentioned in sub-paragraph (6C).
45
     (6E)
A relevant body for the purposes of sub-paragraph (6B) is—