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

Serious Organised Crime and Police Bill
Part 3 — Police powers etc.
78

(3)
In subsection (3), 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”.
(4)
In subsection (6), for “or an article to which subsection (8A) below applies”
substitute “, an article to which subsection (8A) below applies or a firework to
5
which subsection (8B) below applies”.
(5)
After subsection (8A) insert—
“(8B)
This subsection applies to any firework which a person possesses in
contravention of a prohibition imposed by fireworks regulations.
(8C)
In this section—
10
(a)
“firework” shall be construed in accordance with the definition
of “fireworks” in section 1(1) of the Fireworks Act 2003; and
(b)
“fireworks regulations” has the same meaning as in that Act.”
Photographing of suspects etc.
112
Photographing of suspects etc.
15
(1)
Section 64A of PACE (photographing of suspects etc.) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
A person falling within subsection (1B) below may, on the occasion of
the relevant event referred to in subsection (1B), be photographed
elsewhere than at a police station—
20
(a)
with the appropriate consent; or
(b)
if the appropriate consent is withheld or it is not practicable to
obtain it, without it.
(1B)
A person falls within this subsection if he has been—
(a)
arrested by a constable for an offence;
25
(b)
taken into custody by a constable after being arrested for an
offence by a person other than a constable;
(c)
made subject to a requirement to wait with a community
support officer under paragraph 2(3) or (3C) of Schedule 4 to the
Police Reform Act 2002 (“the 2002 Act”);
30
(d)
given a penalty notice by a constable in uniform under Chapter
1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty
notice by a constable under section 444A of the Education Act
1996, or a fixed penalty notice by a constable in uniform under
section 54 of the Road Traffic Offenders Act 1988;
35
(e)
given a notice in relation to a relevant fixed penalty offence
(within the meaning of paragraph 1 of Schedule 4 to the 2002
Act) by a community support officer by virtue of a designation
applying that paragraph to him; or
(f)
given a notice in relation to a relevant fixed penalty offence
40
(within the meaning of paragraph 1 of Schedule 5 to the 2002
Act) by an accredited person by virtue of accreditation
specifying that that paragraph applies to him.”

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(3)
In subsection (4)(a), after “prosecution” insert “or to the enforcement of a
sentence”.
(4)
In subsection (5), after paragraph (b) insert “; and
(c)
“sentence” includes any order made by a court in England and
Wales when dealing with an offender in respect of his offence.”
5
(5)
After subsection (6) insert—
“(6A)
In this section, a “photograph” includes a moving image, and
corresponding expressions shall be construed accordingly.”
Fingerprints and footwear impressions
113
Fingerprints
10
(1)
Section 61 of PACE (fingerprinting) is amended as provided in subsections (2)
to (4).
(2)
After subsection (6) insert—
“(6A)
A constable may take a person’s fingerprints without the appropriate
consent if—
15
(a)
the constable reasonably suspects that the person is committing
or attempting to commit an offence, or has committed or
attempted to commit an offence; and
(b)
either of the two conditions mentioned in subsection (6B) is met.
(6B)
The conditions are that—
20
(a)
the name of the person is unknown to, and cannot be readily
ascertained by, the constable;
(b)
the constable has reasonable grounds for doubting whether a
name furnished by the person as his name is his real name.
(6C)
The taking of fingerprints by virtue of subsection (6A) does not count
25
for any of the purposes of this Act as taking them in the course of the
investigation of an offence by the police.”
(3)
In subsection (7), for “or (6)” substitute “, (6) or (6A)”.
(4)
In subsection (7A)—
(a)
after “police station,” insert “or by virtue of subsection (6A) at a place
30
other than a police station,”,
(b)
in paragraph (a), after “an officer” insert “(or, in a subsection (6A) case,
the constable)”.
(5)
In section 63A of PACE (fingerprints and samples: supplementary
provisions)—
35
(a)
after subsection (1) insert—
“(1ZA)
Fingerprints taken by virtue of section 61(6A) above may be
checked against other fingerprints to which the person seeking
to check has access and which are held by or on behalf of any
one or more relevant law-enforcement authorities or which are
40
held in connection with or as a result of an investigation of an
offence.”,
(b)
in subsection (1A), after “subsection (1)” insert “and (1ZA)”.

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(6)
Section 64 of PACE (destruction of fingerprints and samples) is amended as
follows.
(7)
After subsection (1B) insert—
“(1BA)
Fingerprints taken from a person by virtue of section 61(6A) above
must be destroyed as soon as they have fulfilled the purpose for which
5
they were taken.”
(8)
In subsection (3AB), for “subsection (3)” substitute “subsection (1BA) or (3)”.
(9)
in subsection (3AC)—
(a)
in paragraph (a), after “that” insert “fingerprint or”,
(b)
at the end add the following new sentence—
10

“This subsection does not apply to fingerprints taken from a
person by virtue of section 61(6A) above.”
114
Impressions of footwear
(1)
PACE is amended as provided in subsections (2) to (4).
(2)
After section 61 insert—
15
“61A
Impressions of footwear
(1)
Except as provided by this section, no impression of a person’s
footwear may be taken without the appropriate consent.
(2)
Consent to the taking of an impression of a person’s footwear must be
in writing if it is given at a time when he is at a police station.
20
(3)
Where a person is detained at a police station, an impression of his
footwear may be taken without the appropriate consent if—
(a)
he is detained in consequence of his arrest for a recordable
offence, or has been charged with a recordable offence, or
informed that he will be reported for a recordable offence; and
25
(b)
he has not had an impression taken of his footwear in the course
of the investigation of the offence by the police.
(4)
Where a person mentioned in paragraph (a) of subsection (3) above has
already had an impression taken of his footwear in the course of the
investigation of the offence by the police, that fact shall be disregarded
30
for the purposes of that subsection if the impression of his footwear
taken previously is—
(a)
incomplete; or
(b)
is not of sufficient quality to allow satisfactory analysis,
comparison or matching (whether in the case in question or
35
generally).
(5)
If an impression of a person’s footwear is taken at a police station,
whether with or without the appropriate consent—
(a)
before it is taken, an officer shall inform him that it may be the
subject of a speculative search; and
40
(b)
the fact that the person has been informed of this possibility
shall be recorded as soon as is practicable after the impression
has been taken, and if he is detained at a police station, the
record shall be made on his custody record.

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(6)
In a case where by virtue of subsection (3) above, an impression of a
person’s footwear is taken without the appropriate consent—
(a)
he shall be told the reason before it is taken; and
(b)
the reason shall be recorded on his custody record as soon as is
practicable after the impression is taken.
5
(7)
The power to take an impression of the footwear of a person detained
at a police station without the appropriate consent shall be exercisable
by any constable.
(8)
Nothing in this section applies to any person—
(a)
arrested or detained under the terrorism provisions,
10
(b)
arrested under an extradition arrest power.”
(3)
Section 63A (fingerprints and samples: supplementary provisions) is amended
as follows—
(a)
in subsection (1), after “fingerprints”, in both places, insert “,
impressions of footwear”,
15
(b)
in subsection (1C)—
(i)
in paragraph (a), after “fingerprints” insert “, impressions of
footwear”,
(ii)
in paragraph (b), after “fingerprints” insert “, of the impressions
of footwear”,
20
(iii)
after the third “fingerprints” insert “or impressions of
footwear”,
(iv)
after the fourth “fingerprints” insert “, impressions of
footwear”.
(4)
Section 64 (destruction of fingerprints and samples) is amended as follows—
25
(a)
in subsection (1A), after “fingerprints” in both places where it occurs
insert “, impressions of footwear”,
(b)
in subsection (1B)(a), after “fingerprint” insert “or impression of
footwear”,
(c)
in subsection (3), after “fingerprints” insert “, impressions of footwear”,
30
(d)
in subsection (3AA)—
(i)
for “and fingerprints” substitute “, fingerprints and impressions
of footwear”,
(ii)
in paragraph (b), for “or, as the case may be, fingerprint”
substitute “, fingerprint, (or as the case may be) an impression
35
of footwear”,
(e)
in subsection (3AB)—
(i)
after each of the first and third places “fingerprint” occurs insert
“, impression of footwear”,
(ii)
after the second place “fingerprint” occurs, insert “, nor the
40
impression of footwear,”,
(f)
in subsection (3AC), after “fingerprint” in each place where it occurs
(including the “fingerprint” in paragraph (a) inserted by section
113(9)(a) of this Act), insert “, impression of footwear”,
(g)
in subsection (3AD), after “fingerprint” insert “, impression of
45
footwear”,
(h)
in subsection (5), after “fingerprints” in each place where it occurs
insert “or impressions of footwear”,

Serious Organised Crime and Police Bill
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(i)
in subsection (6), after “fingerprints” insert “or impressions of
footwear”,
(j)
in subsection (6A), after “fingerprints” insert “or impressions of
footwear”.
Intimate samples
5
115
Intimate samples
(1)
Section 65 of PACE (which defines certain terms for the purposes of Part 5 of
that Act) is amended as follows.
(2)
In the definition of “intimate sample”, for paragraph (c) substitute—
“(c)
a swab taken from any part of a person’s genitals
10
(including pubic hair) or from a person’s body orifice
other than the mouth;”.
(3)
In the definition of “non-intimate sample”, for paragraph (c) substitute—
“(c)
a swab taken from any part of a person’s body other
than a part from which a swab taken would be an
15
intimate sample;”.
Custody officers
116
Staff custody officers: designation
(1)
Section 38 of the Police Reform Act 2002 (c. 30) (police powers for police
authority employees) is amended as provided in subsections (2) to (4).
20
(2)
In subsection (2), after paragraph (d) add—
“(e)
staff custody officer.”
(3)
In subsection (6), after paragraph (d) add—
“(e)
in the case of a person designated as a staff custody officer, Part
4A.”
25
(4)
After subsection (9) add—
“(10)
References in this section, section 42 or section 46(4) to powers and
duties conferred or imposed on a designated person, or to a designated
person’s being authorised or required to do anything by virtue of a
designation under this section, or to a power or duty exercisable by a
30
designated person in reliance on or by virtue of a designation under
this section are, in the case of a staff custody officer at a police station
designated under section 35(1) of the 1984 Act, references to those
things in relation to him after his appointment as a custody officer for
that police station under section 36(2) of that Act.”
35
(5)
After Part 4 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by

Serious Organised Crime and Police Bill
Part 3 — Police powers etc.
83

police civilians) insert—
“Part 4A
Staff custody officers
Exercise of functions of custody officers
35A   (1)
Where a designation applies this paragraph to any person, he may
5
(subject to sub-paragraph (2)) perform all the functions of a custody
officer under the 1984 Act (except those under section 45A(4) of that
Act) and under any other enactment which confers functions on such
a custody officer.
      (2)
But in relation to a police station designated under section 35(1) of
10
the 1984 Act, the person must first also be appointed a custody officer
for that police station under section 36(2) of that Act.
      (3)
A person performing the functions of a custody officer by virtue of a
designation under this paragraph (together with, if appropriate, an
appointment as such) shall have all the powers and duties of a
15
custody officer.
      (4)
Except in sections 36 and 45A(4) of the 1984 Act, references in any
enactment to a custody officer within the meaning of that Act include
references to a person performing the functions of a custody officer
by virtue of a designation under this paragraph.”
20
117
Custody officers: amendments to PACE
(1)
Section 36 of PACE (custody officers at police stations) is amended as provided
in subsections (2) to (6).
(2)
For subsection (3) substitute—
“(3)
No person may be appointed a custody officer unless—
25
(a)
he is a police officer of at least the rank of sergeant; or
(b)
he is a staff custody officer.”
(3)
In subsection (5), for “an officer” substitute “an individual”.
(4)
In subsection (7)—
(a)
in paragraph (a)—
30
(i)
after “by an officer” insert “or a staff custody officer”,
(ii)
for “such an officer” substitute “such a person”,
(b)
in paragraph (b), for “such officer” substitute “such person”.
(5)
In subsection (8)—
(a)
after “in” insert “section 34 above or in”,
35
(b)
for “an officer” substitute “a person”.
(6)
After subsection (10) add—
“(11)
In this section, “staff custody officer” means a person who has been
designated as such under section 38 of the Police Reform Act 2002.”
(7)
In section 39 of PACE (responsibilities in relation to persons detained)—
40

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(a)
in subsection (6)(a), after “custody officer” insert “(or, if the custody
officer is a staff custody officer, any police officer or any police
employee)”,
(b)
after subsection (6) add—
“(7)
In subsection (6) above—
5
“police employee” means a person employed under
section 15 of the Police Act 1996;
“staff custody officer” has the same meaning as in the
Police Reform Act 2002.”
Designated and accredited persons
10
118
Powers of designated and accredited persons
(1)
The Police Reform Act 2002 (c. 30) is amended as follows.
(2)
In section 42 (supplementary provisions relating to designations)—
(a)
in subsection (2), after “section 41 shall” insert “, subject to subsection
(2A),”,
15
(b)
after subsection (2) insert—
“(2A)
A police officer of or above the rank of inspector may direct a
particular investigating officer not to wear a uniform for the
purposes of a particular operation; and if he so directs,
subsection (2) shall not apply in relation to that investigating
20
officer for the purposes of that operation.
(2B)
In subsection (2A), “investigating officer” means a person
designated as an investigating officer under section 38 by the
chief officer of police of the same force as the officer giving the
direction.”
25
(3)
Schedule 4 (powers exercisable by police civilians) is amended as follows—
(a)
in paragraph 1, after sub-paragraph (2) insert—
   “(2A)
The reference to the powers mentioned in sub-paragraph
(2)(a) does not include those powers so far as they relate to an
offence under the provisions in the following list—
30
section 1 of the Theft Act 1968,
section 87 of the Environmental Protection Act 1990.”,
(b)
in paragraph 15A (power to modify paragraph 1(2)(a)), for sub-
paragraph (1) substitute—
    “(1)
The Secretary of State may by order amend paragraph 1(2A)
35
so as to remove a provision from the list or add a provision to
the list; but the list must contain only provisions mentioned
in the first column of the Table in section 1(1) of the Criminal
Justice and Police Act 2001.”,

and in the heading to paragraph 15A, for “1(2)(a)” substitute “1(2A)”.
40
(4)
Schedule 5 (powers exercisable by accredited persons) is amended as provided
in subsections (5) and (6).
(5)
In paragraph 1 (power to issue fixed penalty notices)—