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back to previous amendments
| 63 | Page 154, line 26, leave out paragraph 3 |
| 64 | Page 156, line 29, at end insert "and such conditions should not be applicable to registered Community Amateur Sports Clubs" |
| 65 | Page 157, line 29, leave out paragraph 6 |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 67 | Page 30, line 5, leave out "for either or both of the following purposes" |
| 68 | Page 30, line 8, leave out paragraph (b) |
| 69 | Page 30, line 13, leave out subsection (5) and insert— |
| "( ) | In this section "gang" means a group of people who perceive themselves or are perceived by others to be a discernable group if— |
| (a) | the group is formed for the purpose of carrying out criminal activity; or |
| (b) | members of the group have engaged in criminal activity together on more than one occasion." |
| 70 | Page 31, line 8, leave out subsection (2) and insert— |
| "(2) | The injunction may not include a prohibition or requirement that has effect after the end of the period of 2 years beginning with the day on which the injunction is granted ("the injunction date")." |
| 71 | Page 31, line 12, leave out "a review hearing on a specified date" and insert "one or more review hearings on a specified date or dates" |
| 72 | Page 31, line 13, at end insert— |
| "(3A) | If any prohibition or requirement in the injunction is to have effect after the end of the period of 1 year beginning with the injunction date, the court must order the applicant and the respondent to attend a review hearing on a specified date within the last 4 weeks of the 1 year period (whether or not the court orders them to attend any other review hearings)." |
| 73 | Page 32, line 24, leave out from beginning to "an" in line 26 |
| 74 | Page 32, line 30, leave out from "if" to end of line 31 and insert "— |
| (a) | an application without notice is made by virtue of section 39, and |
| (b) | the proceedings are adjourned (otherwise than at a full hearing within the meaning of that section)." |
| 75 | Page 32, line 35, leave out paragraph (a) |
| 76 | Page 33, line 11, at end insert— |
| "(2A) | The power to vary an injunction includes power to— |
| (a) | include an additional prohibition or requirement in the injunction; |
| (b) | extend the period for which a prohibition or requirement in the injunction has effect (subject to section 36(2)); |
| (c) | attach a power of arrest or extend the period for which a power of arrest attached to the injunction has effect." |
| 77 | Page 33, line 11, at end insert— |
| "(2B) | Section 36(3A) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of 4 weeks mentioned in it." |
| 78 | Page 34, line 30, at end insert— |
| "(2A) | Before issuing or revising any guidance under this section the Secretary of State must consult the Lord Chief Justice of England and Wales and such other persons as the Secretary of State thinks appropriate." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 79 | Insert the following new Clause— |
| | "Duration of sections 34 to 49 |
| (1) | Except so far as otherwise provided under this section, sections 34 to 49 expire at the end of the period of 12 months beginning with the day on which this Act is passed. |
| (2) | The Secretary of State may, by order made by statutory instrument, provide that those sections— |
| (a) | are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection; but |
| (b) | are to continue in force after that time for a period not exceeding one year. |
| (3) | No order may be made by the Secretary of State under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House." |
| 79A | Insert the following new Clause— |
| | "Confiscation orders by magistrates' courts |
| | The Secetary 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." |
| 79B* | Insert the following new Clause— |
| | "Power to attach earnings |
| (1) | The Attachment of Earnings Act 1971 (c. 32) is amended as follows. |
| (2) | In section 1 (courts with power to attach earnings) after subsection (3)(c) insert "or, |
| (d) | the payment of any sum required to be paid by a confiscation order under section 97 of the Serious Organised Crime and Police Act 2005 (c. 15)"." |
| 80 | Page 41, line 4, leave out from "concluded," to ", and" in line 5 |
| 81 | Page 41, line 10, leave out from "concluded," to ", and" in line 11 |
| 82 | Page 41, line 18, leave out from "concluded," to ", and" in line 19 |
| 83 | Page 42, line 17, leave out from "47G" to "and" in line 18 |
| 84 | Page 42, line 38, leave out from "47G" to end of line 39 |
| 85 | Page 43, line 43, leave out from "47G" to end of line 44 |
| 86 | Page 44, line 5, leave out from "of" to end of line 6 and insert "the Crown Court" |
| 87 | Page 44, leave out lines 7 to 19 |
| 88 | Page 44, line 24, leave out "a justice of the peace" and insert "the Crown Court" |
| 89 | Page 44, line 30, leave out "a justice of the peace" and insert "the Crown Court" |
| 90 | Page 44, line 36, leave out "a justice of the peace" and insert "the Crown Court" |
| 91 | Page 46, line 35, leave out "A magistrates' court" and insert "The Crown Court" |
| 92 | Page 47, line 39, leave out "magistrates' court" and insert "Crown Court" |
| 93 | Page 47, line 41, leave out "Crown Court" and insert "Court of Appeal" |
| 94 | Page 47, line 43, leave out "Crown Court" and insert "Court of Appeal" |
| 95 | Page 47, line 44, leave out "magistrates' court's" and insert "Crown Court's" |
| 96 | Insert the following new Clause— |
| | "Information requirements |
| (1) | The Extradition Act 2003 (c. 41) is amended as follows. |
| (2) | After section 71(4) insert— |
| "(4A) | Notwithstanding subsection (4), information provided by the category 2 territory designated by order made by the Secretary of State must justify the issue of a warrant for the arrest of a person accused of the offence within the judge's jurisdiction." |
| (3) | After section 73(4) insert— |
| "(4A) | Notwithstanding subsection (4), information provided by the category 2 territory designated by order made by the Secretary of State must justify the issue of a warrant for the arrest of a person accused of the offence within the judge's jurisdiction." |
| (4) | In section 84(7) for paragraph (a) substitute— |
| "(a) | the judge must decide whether the information provided would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him." |
| (5) | In section 86(7) for paragraph (a) substitute— |
| "(a) | the judge must decide whether the information provided would be sufficient to make a case requiring an answer by the person if the proceedings were the summary trial of an information against him,"." |
| 96ZA* | 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 subsections (1) to (3) substitute— |
| | "Paragraphs 4 and 5 come into force on the day on which the Policing and Crime Act 2009 is passed."" |
| 96A | Page 97, line 27, leave out from first "police" to end of line 28 and insert "responsible for policing the aerodrome" |
| 96B | Page 97, leave out lines 33 to 35 and insert— |
| "( ) | The chief officer responsible for policing the aerodrome may nominate one individual from the British Transport Police (if they are not the responsible forces in subsection (2)(b) and they police the rail, underground or light rail stations in or proximate to the aerodrome) or the local force (if they are not the responsible force under subsection (2)(b))." |
| 96C | Page 99, line 38, at end insert— |
| "(i) | the British Transport Police where they police rail, underground or light rail stations in or proximate to the aerodrome" |
| 96D | Page 102, line 20, at end insert— |
| "(e) | the British Transport Police, unless represented on the group" |
| 96E | Page 107, leave out lines 29 to 31 and insert— |
| | ""responsible for policing the aerodrome" in relation to a police force, means the police force appointed to police the aerodrome as nominated by the aerodrome operator and approved by the Secretary of State;" |
| 97 | Insert the following new Clause— |
| | "Retention of voluntary samples |
| (1) | After section 64A of the Police and Criminal Evidence Act 1984 (c. 60) (photographing of suspects etc) insert— |
| "64B | Retention and destruction of samples etc |
| (1) | Subject to subsection (2), where a sample has been taken from a person under this Part, unless such a person has been given consent in accordance with section 64(3AC), all such samples and all information derived from such samples shall be destroyed as soon as possible following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction. |
| (2) | Subsection (1) shall not apply— |
| (a) | where the record, sample or information in question is of the same kind as a record, a sample or, as the case may be, information lawfully held in relation to the person; or |
| (b) | where the person is cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence in connection with the decision not to institute criminal proceedings or following the withdrawal or cessation of criminal proceedings; or |
| (c) | where section 64C or 64D apply. |
| (3) | For the purposes of this section, criminal proceedings shall not be deemed to have concluded until either the lapse of any applicable appeal period or a decision is made not to appeal such proceedings, whichever is the earliest. |
| 64C | Retention of samples etc (violent and sexual offences) |
| (1) | This section applies where any sample has been taken from a person under this Part where criminal proceedings were instituted against such person in respect of a sexual offence or violent offence and such proceedings concluded otherwise than with a conviction or with the person being cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence. |
| (2) | Subject to subsections (6) and (7), the sample and any information derived therefrom shall be destroyed no later than— |
| (a) | 3 years following the conclusion of the proceedings ("the initial retention date"); or |
| (b) | such later date as may be ordered under subsection (3). |
| (3) | On application made by a chief officer of police within the period of 3 months before the initial retention date, the Crown Court, if satisfied that there are reasonable grounds for doing so, may make an order amending, or further amending, the date of destruction of the relevant sample and any information derived thereform. |
| (4) | An order under subsection (3) shall not specify a date more than 2 years later than the initial retention date. |
| (5) | Any decisions of the Crown Court may be appealed to the Court of Appeal within 21 days of such decision. |
| (6) | Subsection (2) does not apply where— |
| (a) | an application under subsection (3) has been made but has not been determined; |
| (b) | the period within which an appeal may be brought under subsection (5) against a decision to refuse an application has not elapsed; or |
| (c) | such an appeal has been brought but has not been withdrawn or finally determined. |
| (a) | the period within which an appeal referred to in subsection (5) has elapsed without such an appeal being brought; or |
| (b) | such an appeal is brought and is withdrawn or finally determined without any extension of the time period referred to in subsection (2), the sample and any information derived therefrom shall be destroyed as soon as possible thereafter. |
| (8) | For the purposes of this Part a "sexual offence" or "violent offence" shall mean such offences of a violent or sexual nature as shall be set out in any order made by the Secretary of State with reference to this section. |
| 64D | Retention of samples: residual power |
| (1) | On application by a chief officer of police, the Crown Court may make an order requiring the retention of a sample taken from a person and any information derived therefrom in circumstances where such a sample and any information derived therefrom would otherwise be required to be destroyed if it has reasonable grounds to believe that— |
| (a) | there is a serious risk of harm to the public or a section of the public; and |
| (b) | such retention would prevent, inhibit, restrict or disrupt involvement by the person in the commission of a sexual offence or violent offence. |
| (2) | An order under this section is not to be in force for more than 5 years beginning with the date of the commencement of the order. |
| (3) | Any decision of the Crown Court may be appealed to the Court of Appeal within 21 days of such decision. |
| (4) | Where an application has been made for an order under this section, the relevant sample and any information derived therefrom shall not be destroyed until such application and any appeal thereof has been determined. |
| (5) | At the end of section 113(1) insert— |
| | "provided always that the protections in Part 5 relating to the retention of samples and any information derived therefrom shall also be applied to persons investigated or under arrest under such Acts."" |
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