Police and Justice Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 13th June 2006, as follows
Schedule 2
Clauses 3 to 7
Schedule 3
Clause 8
Schedule 4
Clauses 9 to 13
Schedule 5
Clauses 14 to 17
Schedule 6
Clauses 18 to 20
Schedule 7
Clauses 21 to 25
Schedule 8
Clauses 26 to 33 | Schedule 9
Clauses 34 and 35
Schedule 10
Clause 36
Schedule 11
Clauses 37 to 43
Schedule 12
Clause 44
Schedule 13
Clauses 45 and 46
Schedule 14
Clauses 47 to 50
Schedules 15 and 16
Clauses 51 to 53 |
[Amendments marked * are new or have been altered]
Amendment
No.
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| The above-named Lords give notice of their intention to oppose the Question that Schedule 2 be the Second Schedule to the Bill. |
80 | Page 2, line 14, leave out subsection (3) |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
81 | Page 2, line 35, leave out subsections (1) and (2) and insert |
| "The following amendments to the Local Government Act 1999 (c. 27) shall have effect with regard to police authorities |
(a) | section 1(1)(d) is omitted; |
(b) | section 1(4) is omitted; |
(c) | section 24 is omitted." |
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
82 | Page 3, line 31, at end insert |
"( ) | In making an order under subsection (1), the Secretary of State shall have regard to the desirability of maintaining the discretion of chief officers of police to designate the powers of community support officers to the extent they deem." |
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
83 | Page 4, line 8, at end insert |
"( ) | Training for Community Support Officers must include training on the common core of skills and knowledge for the children's workforce developed by the Department for Education and Skills." |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
84 | Page 4, line 8, at end insert |
"( ) | The standard powers and duties of community support officers shall not include the power to use reasonable force to detain or control a person, under paragraph 4 of Schedule 4 to the Police Reform Act 2002 (c. 30)." |
| THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
84A | Page 89, line 36, after "person" insert "aged 17 or over" |
84B | Page 90, line 10, after "person" insert "aged 17 or over" |
84C | Page 90, line 20, leave out from "protection" to ", for" in line 21 |
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
85 | Page 90, line 22, at end insert |
"( ) | A constable may impose the conditions of bail under subsection (3B) only if he has undergone appropriate training or he is under the command of an appropriately trained officer. |
( ) | For the purposes of the above subsection, "appropriate training" means training equivalent to the training given to a custody sergeant regarding the proper imposition of conditions of bail." |
| THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
85A | Page 90, line 22, at end insert |
"( ) | Where a constable releases a person under the age of 17 under subsection (1), no requirement, other than the requirement under subsection (3) to attend a police station, may be imposed on the person as a condition of bail." |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
86 | Page 90, line 25, at end insert |
"( ) | Conditions of bail imposed under subsection (3B) shall expire on the earlier of |
(a) | the time at which the person attends at a police station; and |
(b) | 72 hours from the time at which he was released on bail."" |
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
87 | Page 93, line 6, at end insert |
| "Time limit on conditions of bail granted under section 37 |
| After section 47(1D) there is inserted |
"(1DA) | Conditions of bail shall not last for more than 28 days after the relevant time."" |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
88 | Page 5, line 5, at end insert "for no more than three hours" |
| THE BARONESS ANELAY OF ST JOHNS |
89 | Insert the following new Clause |
| "Recording of encounters not governed by statutory powers |
| Paragraphs 4.12 to 4.20 of Code A (Code of Practicerecording of encounters not governed by statutory powers) issued under section 67 of the Police and Criminal Evidence Act 1984 (c. 60) (supplementary provisions about codes) are hereby annulled." |
90 | [Re-tabled as amendment 91A] |
| THE LORD MARLESFORD
THE BARONESS ANELAY OF ST JOHNS |
91 | 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 BARONESS D'SOUZA
THE LORD GARDEN
THE LORD ARCHER OF SANDWELL
THE LORD LAMONT OF LERWICK |
91A* | Insert the following new Clause |
| "Power to search aircraft involved in acts of rendition |
(1) | If the Secretary of State is aware of intelligence that any aircraft entering British airspace is being, or has been or may be involved in an act of unlawful rendition, he may require that aircraft to land at a designated suitable airport. |
(2) | If any plane is required to land in accordance with subsection (1) a responsible person shall as soon as practicable |
(a) | enter the aircraft; or |
(b) | arrange for a police constable to enter the aircraft. |
(3) | If the Secretary of State or other responsible person is aware of intelligence that an aircraft using airport facilities in the United Kingdom is being, has been or may be involved in an act of unlawful rendition then a responsible person may make arrangements to |
(a) | enter the aircraft; or |
(b) | arrange for a police constable to enter the aircraft. |
(4) | A person who enters an aircraft under subsection (2) or (3) shall endeavour to ascertain |
(a) | whether the aircraft is being, has been or may be used for an act of unlawful rendition; |
(b) | whether a criminal offence has been committed; |
(c) | whether allowing the aircraft to continue could place the United Kingdom in breach of its obligations under the European Convention on Human Rights; |
| and for these purposes the person may search the aircraft. |
(5) | In order to comply with a power under subsection (4) any item may be removed from the aircraft. |
(6) | For the purposes of this section |
| "an act of unlawful rendition" is an act involving the transportation of a person to a territory where international human rights standards, in particular protections against torture and inhuman and degrading treatment, are not observed, such transportation not being in accordance with formal lawful extradition or deportation procedures; |
| "a responsible person" means |
(a) | the chief officer of police of a police force maintained for a police area in England and Wales; |
(b) | the chief constable of a police force maintained under the Police (Scotland) Act 1967 (c. 77); |
(c) | the Chief Constable of the Police Service of Northern Ireland." |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
91B | Page 6, line 9, leave out paragraph (d) |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
91C* | Page 6, line 43, at end insert |
"(2A) | In section 32 (police powers to gather information relating to flights and voyages to or from the United Kingdom) after subsection (1) insert |
"(1A) | A circuit judge may on the application of a constable of the rank of inspector or above issue a warrant in relation to specified passenger or service information under this section if he is satisfied that there are reasonable grounds for suspecting that there are likely to be circumstances in which it can be required under subsection (2)." |
(2B) | In subsection (2) for the words "imposed by a constable of the rank of superintendent or above" substitute "of a warrant". |
(2C) | In subsection (4) for the words "only if he thinks it necessary" substitute "and a warrant may be issued under subsection (3) only if both are satisfied that is necessary"." |
91D | Page 7, line 6, at end insert |
"(3A) | In section 32(5) (interpretation of section) in the list of definitions there is inserted |
| ""circuit judge" has the meaning given in section 72 of the Courts and Legal Services Act 1990 (c. 41),"." |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
| The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill. |
| THE LORD DHOLAKIA
THE BARONESS LINKLATER OF BUTTERSTONE |
91E | Page 8, line 37, leave out "one" and insert "two" |
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
92 | Page 9, line 2, leave out from "The" to end of line 3 and insert "following conditions which may be attached to a conditional caution with the object of punishing the offender are limited to" |
93 | Page 9, leave out lines 13 and 14 |
94 | Page 9, line 26, at end insert |
"( ) | Subject to subsection (3), the amount shall be commensurate with the financial resources of the offender." |
95 | Page 9, leave out lines 27 to 29 |
96 | Page 10, line 4, at end insert |
"( ) | In section 330 (orders and rules) in subsection (5)(a) there is inserted |
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN
THE LORD LLOYD OF BERWICK |
| The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill. |
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
97 | Page 10, line 12, leave out "A person arrested under this section must" and insert "If a relevant prosecutor determines that a person arrested under this section has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, the person arrested may" |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND
THE BARONESS ANELAY OF ST JOHNS |
98 | Page 10, line 31, at end insert |
"( ) | A person who is released following an arrest under this section shall not be re-arrested without warrant for the same suspected failure to comply with a condition attached to a conditional caution." |
| THE LORD DHOLAKIA
THE BARONESS HARRIS OF RICHMOND |
99 | Page 10, line 33, at end insert "for up to 12 hours" |
| THE BARONESS ANELAY OF ST JOHNS
THE VISCOUNT BRIDGEMAN |
100 | Page 10, leave out lines 43 to 46 |
102 | Page 10, line 46, at end insert |
"( ) | A person arrested under this section may be released on bail (without any variation of the conditions attached to the caution) if further investigations are necessary for the purposes of determining whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution." |
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