Policing and Crime Bill
FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th June 2009, as follows—
Clauses 48 to 78
Schedule 6
Clauses 79 to 112 | Schedules 7 and 8
Clauses 113 to 117 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 152ZA | Insert the following new Clause— |
| | Police bail before charge |
| (1) | The following provisions are repealed— |
| (a) | section 10 of the Police and Justice Act 2006 (c. 48) (police bail); and |
| (b) | Schedule 6 to that Act. |
| (2) | Article 3(i) of the Police and Justice Act 2006 (Commencement No. 2 Transitional and Saving Provisions) Order 2007 (No. 709 (c. 30)) (S.I. 2007/709) is revoked." |
| 152ZB | Insert the following new Clause— |
| | "Police bail before charge (No. 2) |
| (1) | The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. |
| (2) | In section 30A (bail elsewhere than at police station), after subsection (5) insert— |
| "(6) | When a person is released without charge, conditions of bail may only be imposed under this section if a constable has reason to believe that the person has committed or is likely to commit a serious offence. |
| (7) | For the purposes of this section, "serious offence" has the same meaning as "serious offence" in Schedule 1 to the Serious Crime Act 2007." |
| (3) | In section 37 (duties of custody officer before charge), after subsection (10) insert— |
| "(10A) | When a person is released without charge, conditions of bail may only be imposed under this section if the custody officer has reason to believe that the person has committed or is likely to commit a serious offence. |
| (10B) | For the purposes of this section, "serious offence" has the same meaning as "serious offence" in Schedule 1 to the Serious Crime Act 2007."" |
| 152ZC | Insert the following new Clause— |
| | "Time limitation on police bail before charge |
| (1) | The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. |
| (2) | After section 47(1D) insert— |
| "(1DA) | In the case of bail granted under sections 30A(1), 37(2) and (7)(b), any conditions imposed shall expire either— |
| (a) | at the time which the person attends at a police station in accordance with the terms of his or her bail, or surrenders to custody, or |
| (b) | 72 hours from the time at which the person was released on bail, whichever is the earlier."" |
| 152A | Page 33, leave out line 23 |
| 152B | Page 33, leave out lines 36 to 39 |
| 152C | Page 34, leave out line 7 |
| 152D | Page 34, leave out lines 18 to 21 |
| 152E | Insert the following new Clause— |
| | "Confiscation orders by magistrates' courts |
| | The Secretary of State shall, within 12 months of this Act being passed, lay an order before Parliament to bring section 97 of the Serious Organised Crime and Police Act 2005 (c. 15) (confiscation orders by magistrates' courts) into effect." |
| 152F | Page 34, leave out line 39 |
| 152G | Page 34, leave out lines 43 and 44 |
| 152J | Page 36, leave out line 41 |
| 152K | Page 37, leave out lines 2 and 3 |
| 152M | Page 37, leave out line 37 |
| 152N | Page 38, line 3, at end insert "and that use of such power is proportionate" |
| 152Q | Page 38, line 34, leave out from "concluded" to ", and" in line 35 |
| 152R | Page 38, line 40, leave out from "concluded" to ", and" in line 41 |
| 152S | Page 39, line 2, leave out from "concluded" to ", and" in line 3 |
| 152SB | Page 39, line 36, at end insert "provided the defendant's employment, business or vocation is not a criminal activity or related to criminal activity" |
| 152T | Page 40, line 2, leave out from "47G" to ", and" in line 3 |
| 152U | Page 40, line 23, leave out from "47G" to end of line 24 |
| 152X | Page 41, line 28, leave out from "47G" to end of line 29 |
| 152Y | Page 41, line 34, leave out from first "of" to end of line 35 and insert "the Crown Court" |
| 152Z | Page 41, line 36, leave out from beginning to end of line 2 on page 42 |
| 152AA | Page 42, line 7, leave out "a justice of the peace" and insert "the Crown Court" |
| 152AB | Page 42, line 13, leave out "a justice of the peace" and insert "the Crown Court" |
| 152AC | Page 42, line 19, leave out "a justice of the peace" and insert "the Crown Court" |
| 152ACB | Page 42, line 22, at end insert— |
| "( ) | The Secretary of State must produce guidance on the qualifications required by a person appointed under subsection (4)." |
| 152AD | Page 44, line 20, leave out "A magistrates' court" and insert "The Crown Court" |
| 152AF | Page 44, line 44, at end insert— |
| | "47MA Right of third parties to make representations |
| (1) | The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before making an order under section 47M if it considers that the making of the order would be likely to have a significant adverse effect on that person. |
| (2) | The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the variation of an order under section 47M if it considers that— |
| (a) | the variation of the order; or |
| (b) | a decision not to vary it; |
| | would be likely to have a significant adverse effect on that person. |
| (3) | The Crown Court must, on an application by a person, give the person an opportunity to make representations in proceedings before it about the discharge of an order under section 47M if it considers that— |
| (a) | the discharge of the order; or |
| (b) | a decision not to discharge it; |
| | would be likely to have a significant adverse effect on that person. |
| (4) | The Court of Appeal when considering an appeal in relation to an order under section 47M must, on an application by a person, give the person an opportunity to make representations in the proceedings if that person were given an opportunity to make representations in the proceedings which are the subject of the appeal." |
| 152AG | Page 45, line 25, leave out "magistrates' court" and insert "Crown Court" |
| 152AH | Page 45, line 27, leave out "Crown Court" and insert "Court of Appeal" |
| 152AJ | Page 45, line 29, leave out "Crown Court" and insert "Court of Appeal" |
| 152AK | Page 45, line 30, leave out "magistrates' court's" and insert "Crown Court's" |
| 152AKZB | Page 46, leave out lines 22 and 23 and insert— |
| "( ) | An appropriate officer must keep under constant review the detention condition and release the property if that condition is no longer met." |
| 152AKZD | Page 75, line 9, leave out subsection (1) |
| 152AKA | Insert the following new Clause— |
| | "Restriction on extradition in cases where trial in United Kingdom is more appropriate |
| (1) | The Police and Justice Act 2006 (c. 48) is amended as follows. |
| (2) | In paragraph 6 of Schedule 13 for sub-paragraphs (1) to (3) substitute— |
| | "Paragraphs 4 and 5 come into force on the day on which the Policing and Crime Act 2009 is passed."" |
| 152AKAA | Insert the following new Clause— |
| | "Restriction on extradition in cases where trial in United Kingdom is more appropriate (No. 2) |
| (1) | The Police and Justice Act 2006 (c. 48) is amended as follows. |
| (2) | In paragraph 4 of Schedule 13 in the inserted section 19B, after subsection (2) insert— |
| "( ) | For the purposes of subsection (1)(b) the judge must take into account the evidentiary standard of information provided by a category 2 country that is designated by the Secretary of State for the purposes of Part 2 of the Extradition Act 2003." |
| (3) | In paragraph 5 of Schedule 13 in the inserted section 83A, after subsection (2) insert— |
| "( ) | For the purposes of subsection (1)(b) the judge must take into account the evidentiary standard of information provided by a category 2 country that is designated by the Secretary of State for the purposes of Part 2 of the Extradition Act 2003."" |
| 152AKAB | Insert the following new Clause— |
| | "Restriction on extradition in cases where trial in United Kingdom is more appropriate (No. 3) |
| (1) | The Police and Justice Act 2006 (c. 48) is amended as follows. |
| (2) | In paragraph 4 of Schedule 13 in the inserted section 19B, after subsection (2) insert— |
| "( ) | For the purposes of subsection (1)(b) the judge must take into account the guidance produced by the Secretary of State in respect of interpreting Schedule 2 to the Extradition Act 2003." |
| (3) | In paragraph 5 of Schedule 13 in the inserted section 83A, after subsection (2) insert— |
| "( ) | For the purposes of subsection (1)(b) the judge must take into account the guidance produced by the Secretary of State in respect of interpreting Schedule 2 to the Extradition Act 2003."" |
| 152AKAC | Insert the following new Clause— |
| | "Definition of European Framework List |
| | The Secretary of State shall produce guidance on the definition of those offences listed in Schedule 2 to the Extradition Act 2003 (c. 41) (European framework list)." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 152AKAD | Page 81, line 33, at end insert— |
| "(4) | When proceeding under this section the judge must consider whether the extradition is barred under section 11, 21 or 25."" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 152AKAE | Page 82, line 33, at end insert— |
| "(4) | When proceeding under this section the judge must consider whether the extradition is barred under section 11, 21 or 25."" |
|
