Serious Organised Crime and Police Bill

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Serious Organised Crime and Police Bill

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104
International co-operation
(1)
Part 11 of the Proceeds of Crime Act 2002 (c. 29) (co-operation) is amended as
follows.
(2)
In section 444 (external requests and orders), for subsection (3)(a) (Order under
the section may include provision about the functions of the Secretary of State,
5
the Lord Advocate, the Scottish Ministers and the Director of the Assets
Recovery Agency) substitute—
“(a)
provision about the functions of any of the listed persons in
relation to external requests and orders;”.
(3)
In that section, after subsection (3) insert—
10
“(4)
For the purposes of subsection (3)(a) “the listed persons” are—
(a)
the Secretary of State;
(b)
the Lord Advocate;
(c)
the Scottish Ministers;
(d)
the Director;
15
(e)
the Director of Public Prosecutions;
(f)
the Director of Public Prosecutions for Northern Ireland;
(g)
the Director of the Serious Fraud Office; and
(h)
the Director of Revenue and Customs Prosecutions.”
(4)
In section 447(3) (meaning of “external investigation”), after paragraph (a)
20
insert—
“(aa)
the extent or whereabouts of property obtained as a result of or
in connection with criminal conduct, or”.
105
Minor and consequential amendments relating to Chapter 6
Schedule 6, which contains minor and consequential amendments relating to
25
provisions of this Chapter, has effect.
Part 3
Police powers etc.
Powers of arrest
106
Powers of arrest
30
(1)
For section 24 of PACE (arrest without warrant for arrestable offences)
substitute—
“24
Arrest without warrant: constables
(1)
A constable may arrest without a warrant—
(a)
anyone who is about to commit an offence;
35
(b)
anyone who is in the act of committing an offence;
(c)
anyone whom he has reasonable grounds for suspecting to be
about to commit an offence;
(d)
anyone whom he has reasonable grounds for suspecting to be
committing an offence.
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(2)
If a constable has reasonable grounds for suspecting that an offence has
been committed, he may arrest without a warrant anyone whom he has
reasonable grounds to suspect of being guilty of it.
(3)
If an offence has been committed, a constable may arrest without a
warrant—
5
(a)
anyone who is guilty of the offence;
(b)
anyone whom he has reasonable grounds for suspecting to be
guilty of it.
(4)
But the power of summary arrest conferred by subsection (1), (2) or (3)
is exercisable only if the constable has reasonable grounds for believing
10
that for any of the reasons mentioned in subsection (5) it is necessary to
arrest the person in question.
(5)
The reasons are—
(a)
to enable the name of the person in question to be ascertained
(in the case where the constable does not know, and cannot
15
readily ascertain, the person’s name, or has reasonable grounds
for doubting whether a name given by the person as his name
is his real name);
(b)
correspondingly as regards the person’s address;
(c)
to prevent the person in question—
20
(i)
causing physical injury to himself or any other person;
(ii)
suffering physical injury;
(iii)
causing loss of or damage to property;
(iv)
committing an offence against public decency (subject to
subsection (6)); or
25
(v)
causing an unlawful obstruction of the highway;
(d)
to protect a child or other vulnerable person from the person in
question;
(e)
to allow the prompt and effective investigation of the offence or
of the conduct of the person in question;
30
(f)
to prevent any prosecution for the offence from being hindered
by the disappearance of the person in question.
(6)
Subsection (5)(c)(iv) applies only where members of the public going
about their normal business cannot reasonably be expected to avoid the
person in question.
35
24A
Arrest without warrant: other persons
(1)
A person other than a constable may arrest without a warrant—
(a)
anyone who is in the act of committing an indictable offence;
(b)
anyone whom he has reasonable grounds for suspecting to be
committing an indictable offence.
40
(2)
Where an indictable offence has been committed, a person other than a
constable may arrest without a warrant—
(a)
anyone who is guilty of the offence;
(b)
anyone whom he has reasonable grounds for suspecting to be
guilty of it.
45
(3)
But the power of summary arrest conferred by subsection (1) or (2) is
exercisable only if—

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(a)
the person making the arrest has reasonable grounds for
believing that for any of the reasons mentioned in subsection (4)
it is necessary to arrest the person in question; and
(b)
it appears to the person making the arrest that it is not
reasonably practicable for a constable to make it instead.
5
(4)
The reasons are to prevent the person in question—
(a)
causing physical injury to himself or any other person;
(b)
suffering physical injury;
(c)
causing loss of or damage to property; or
(d)
making off before a constable can assume responsibility for
10
him.”
(2)
Section 25 of PACE (general arrest conditions) shall cease to have effect.
(3)
In section 66 of PACE (codes of practice), in subsection (1)(a)—
(a)
omit “or” at the end of sub-paragraph (i),
(b)
at the end of sub-paragraph (ii) insert “or
15
(iii)
to arrest a person.”
(4)
The sections 24 and 24A of PACE substituted by subsection (1) are to have
effect in relation to any offence whenever committed.
107
Powers of arrest: supplementary
Schedule 7, which supplements section 106 by providing for the repeal of
20
certain enactments (including some which are spent) and by making further
supplementary provision, has effect.
Exclusion zones
108
Power to direct a person to leave a place
(1)
A constable may direct a person to leave a place if he believes, on reasonable
25
grounds, that the person is in the place at a time when he would be prohibited
from entering it by virtue of—
(a)
an order to which subsection (2) applies, or
(b)
a condition to which subsection (3) applies.
(2)
This subsection applies to an order which—
30
(a)
was made, by virtue of any enactment, following the person’s
conviction of an offence, and
(b)
prohibits the person from entering the place or from doing so during a
period specified in the order.
(3)
This subsection applies to a condition which—
35
(a)
was imposed, by virtue of any enactment, as a condition of the person’s
release from a prison in which he was serving a sentence of
imprisonment following his conviction of an offence, and
(b)
prohibits the person from entering the place or from doing so during a
period specified in the condition.
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(4)
A direction under this section may be given orally.

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(5)
Any person who knowingly contravenes a direction given to him under this
section is guilty of an offence and liable on summary conviction to
imprisonment for a term not exceeding 51 weeks or to a fine not exceeding
level 4 on the standard scale, or to both.
(6)
A constable in uniform may arrest without warrant any person he reasonably
5
suspects is committing or has committed an offence under subsection (5).
(7)
Subsection (6) ceases to have effect on the commencement of section 106.
(8)
In subsection (3)(a)—
(a)
“sentence of imprisonment” and “prison” are to be construed in
accordance with section 62(5) of the Criminal Justice and Court Services
10
Act 2000 (c. 43);
(b)
the reference to a release from prison includes a reference to a
temporary release.
(9)
In this section, “place” includes an area.
(10)
This section applies whether or not the order or condition mentioned in
15
subsection (1) was made or imposed before or after the commencement of this
section.
Search warrants
109
Search warrants: premises
(1)
PACE is amended as follows.
20
(2)
Section 8 (power to authorise entry and search of premises) is amended as
provided in subsections (3) and (4).
(3)
In subsection (1)—
(a)
in paragraph (b), for “specified in the application” substitute
“mentioned in subsection (1A) below”,
25
(b)
in paragraph (e), at the end add “in relation to each set of premises
specified in the application”.
(4)
After subsection (1) insert—
“(1A)
The premises referred to in subsection (1)(b) above are—
(a)
one or more sets of premises specified in the application (in
30
which case the application is for a “specific premises warrant”);
or
(b)
any premises occupied or controlled by a person specified in the
application, including such sets of premises as are so specified
(in which case the application is for an “all premises warrant”).
35
(1B)
If the application is for an all premises warrant, the justice of the peace
must also be satisfied—
(a)
that because of the particulars of the offence referred to in
paragraph (a) of subsection (1) above, there are reasonable
grounds for believing that it is necessary to search premises
40
occupied or controlled by the person in question which are not
specified in the application in order to find the material referred
to in paragraph (b) of that subsection; and

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(b)
that it is not reasonably practicable to specify in the application
all the premises which he occupies or controls and which might
need to be searched.”
(5)
Section 15 (search warrants—safeguards) is amended as provided in
subsections (6) to (8).
5
(6)
For subsection (2)(b) substitute—
“(b)
to specify the matters set out in subsection (2A) below; and”.
(7)
After subsection (2) insert—
“(2A)
The matters which must be specified pursuant to subsection (2)(b)
above are—
10
(a)
if the application is for a specific premises warrant made by
virtue of section 8(1A)(a) above or paragraph 12 of Schedule 1
below, each set of premises which it is desired to enter and
search;
(b)
if the application is for an all premises warrant made by virtue
15
of section 8(1A)(b) above or paragraph 12 of Schedule 1 below—
(i)
as many sets of premises which it is desired to enter and
search as it is reasonably practicable to specify;
(ii)
the person who is in occupation or control of those
premises and any others which it is desired to enter and
20
search;
(iii)
why it is necessary to search more premises than those
specified under sub-paragraph (i); and
(iv)
why it is not reasonably practicable to specify all the
premises which it is desired to enter and search.”
25
(8)
For subsection (6)(a)(iv) substitute—
“(iv)
each set of premises to be searched, or (in the case of an
all premises warrant) the person who is in occupation or
control of premises to be searched, together with any
premises under his occupation or control which can be
30
specified and which are to be searched; and”.
(9)
In section 16 (execution of warrants)—
(a)
after subsection (3) insert—
“(3A)
If the warrant is an all premises warrant, no premises which are
not specified in it may be entered or searched unless a police
35
officer of at least the rank of inspector has in writing authorised
them to be entered.”,
(b)
in subsection (9), after paragraph (b) add—

“and, unless the warrant is a specific premises warrant
specifying one set of premises only, he shall do so separately in
40
respect of each set of premises entered and searched, which he
shall in each case state in the endorsement.”,
(c)
in subsection (12), for “the premises” substitute “premises”.
(10)
Schedule 1 (special procedure) is amended as follows.
(11)
In each of paragraphs 2(a)(ii) and 3(a), at the end add “, or on premises
45
occupied or controlled by a person specified in the application (including all

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such premises on which there are reasonable grounds for believing that there
is such material as it is reasonably practicable so to specify);”.
(12)
In paragraph 3(b), for “the premises” substitute “such premises”.
(13)
In paragraph 12—
(a)
in sub-paragraph (a)(ii), after “fulfilled” insert “in relation to each set of
5
premises specified in the application”,
(b)
at the end add “or (as the case may be) all premises occupied or
controlled by the person referred to in paragraph 2(a)(ii) or 3(a),
including such sets of premises as are specified in the application (an
“all premises warrant”)”.
10
(14)
After paragraph 12 insert—
“12A
The judge may not issue an all premises warrant unless he is
satisfied—
(a)
that there are reasonable grounds for believing that it is
necessary to search premises occupied or controlled by the
15
person in question which are not specified in the application,
as well as those which are, in order to find the material in
question; and
(b)
that it is not reasonably practicable to specify all the premises
which he occupies or controls which might need to be
20
searched.”
(15)
In paragraph 14(a), omit “to which the application relates”.
110
Search warrants: other amendments
(1)
PACE is amended as follows.
(2)
In section 8 (power to authorise entry and search of premises), after the
25
subsection (1B) inserted by section 109(4) of this Act insert—
“(1C)
The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice of the peace is
satisfied that it is necessary to authorise multiple entries in order to
achieve the purpose for which he issues the warrant.
30
(1D)
If it authorises multiple entries, the number of entries authorised may
be unlimited, or limited to a maximum.”
(3)
Section 15 (search warrants—safeguards) is amended as provided in
subsections (4) to (7).
(4)
In subsection (2)(a)—
35
(a)
omit “and” at the end of sub-paragraph (i),
(b)
at the end of sub-paragraph (ii) insert “and”,
(c)
after that sub-paragraph insert—
“(iii)
if the application is for a warrant authorising
entry and search on more than one occasion, the
40
ground on which he applies for such a warrant,
and whether he seeks a warrant authorising an
unlimited number of entries, or (if not) the
maximum number of entries desired;”.

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(5)
In subsection (5), at the end add “unless it specifies that it authorises multiple
entries”.
(6)
After subsection (5) insert—
“(5A)
If it specifies that it authorises multiple entries, it must also specify
whether the number of entries authorised is unlimited, or limited to a
5
specified maximum.”
(7)
For subsection (7) substitute—
“(7)
Two copies shall be made of a specific premises warrant (see section
8(1A)(a) above) which specifies only one set of premises and does not
authorise multiple entries; and as many copies as are reasonably
10
required may be made of any other kind of warrant.”
(8)
In section 16 (execution of warrants)—
(a)
in subsection (3), for “one month” substitute “three months”,
(b)
after the subsection (3A) inserted by section 109(9)(a) of this Act,
insert—
15
“(3B)
No premises may be entered or searched for the second or any
subsequent time under a warrant which authorises multiple
entries unless a police officer of at least the rank of inspector has
in writing authorised that entry to those premises.”,
(c)
for subsection (10) substitute—
20
“(10)
A warrant shall be returned to the appropriate person
mentioned in subsection (10A) below—
(a)
when it has been executed; or
(b)
in the case of a specific premises warrant which has not
been executed, or an all premises warrant, or any
25
warrant authorising multiple entries, upon the expiry of
the period of three months referred to in subsection (3)
above or sooner.
(10A)
The appropriate person is—
(a)
if the warrant was issued by a justice of the peace, the
30
designated officer for the local justice area in which the
justice was acting when he issued the warrant;
(b)
if it was issued by a judge, the appropriate officer of the
court from which he issued it.”
(9)
In Schedule 1 (special procedure), in paragraph 17, for “a Circuit judge”
35
substitute “a judge of the High Court, a Circuit judge, a Recorder”.
Fireworks
111
Power to stop and search for prohibited fireworks
(1)
Section 1 of PACE (powers of constables to stop and search) is amended as
follows.
40
(2)
In subsection (2), for “or any article to which subsection (8A) below applies”
substitute “, any article to which subsection (8A) below applies or any firework
to which subsection (8B) below applies”.