Session 2010-12
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Police Reform and Social Responsibility Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

LORD BRADSHAW

Page 1, line 6, at beginning insert “Subject to section (Pilot schemes (No. 2)),”

LORD CARLILE OF BERRIEW

Page 1, line 6, after “commissioner” insert “and an elected police authority”

Page 1, line 8, leave out “is a corporation sole” and insert “shall be the person elected for the time being by the police authority for a police area to chair the authority”

After Clause 77

LORD BRADSHAW

Insert the following new Clause—

“Pilot schemes (No. 2)

(1) The provisions of this Chapter shall be subject to pilot schemes in two police areas outside London before they come generally into effect.

(2) The Secretary of State shall, by order, specify—

(a) the police areas in which the pilot schemes shall be carried out;

(b) how long the pilot schemes shall last, providing the period is not less than three years; and

(c) against which criteria the pilot schemes shall be assessed.

(3) When the pilot schemes are finished the Secretary of State shall lay before both Houses of Parliament—

(a) a report containing an assessment of the pilot schemes; and

(b) a draft order bringing this Chapter generally into force.

(4) The Secretary of State may, by order, make transitional arrangements for the police areas in which the pilot schemes have been held for the period between the end of the pilot schemes and this Chapter coming generally into force.”

After Clause 95

LORD BLENCATHRA

Insert the following new Clause—

“Application of health and safety enactments to police

(1) No police and crime commissioner nor chief officer of police shall be liable for prosecution under any health and safety enactment in the performance of their duties.

(2) No police and crime commissioner nor chief officer of police shall be liable for damages or compensation for any injuries caused as a result of a breach of health and safety law in the performance of their duties, save where it is proved that the individual acted maliciously or with reckless disregard for the safety of others.

(3) Sections 1, 2 and 5 of the Police (Health and Safety) Act 1997 are repealed.

(4) Her Majesty’s Inspectorate of Constabulary shall issue general guidance on health and safety matters to all police forces for every police area listed in Schedule 1 to the Police Act 1996.

(5) A breach of the guidance issued under subsection (4) by any officer of the rank of constable may result in disciplinary action but shall not result in any prosecution or civil action.

(6) A police and crime commissioner shall not be liable for prosecution nor civil action because of any breach of the guidance issued under subsection (4).”

After Clause 154

LORD CARLILE OF BERRIEW

Insert the following new Clause—

“Annual war crimes report

(1) The Secretary of State shall each year lay before Parliament a war crimes report.

(2) The war crimes report must contain information on the investigation by police forces and the prosecution of persons, present in the United Kingdom, suspected of having committed a relevant offence, and in particular—

(a) the number of persons investigated and prosecuted for relevant offences,

(b) the country where the relevant offences are suspected to have been committed,

(c) any legal proceedings other than prosecution taken against those persons (for example, proceedings relating to immigration or residence), and

(d) whether any of those persons have been prosecuted for any other offence.

(3) The war crimes report must contain information on any assistance provided to any country or person in respect of the investigation and prosecution outside the United Kingdom of relevant offences, in particular—

(a) assistance to the International Criminal Court in accordance with the International Criminal Court Act 2001, and

(b) assistance to any international criminal tribunal with jurisdiction over relevant offences.

(4) The Secretary of State may omit from the war crimes report any information which ought not to be disclosed—

(a) in the interests of national security,

(b) because it relates to an individual and is of a sensitive personal nature,

(c) because it would, or would be likely to, prejudice proceedings which have been commenced in a court of law, or

(d) because it would, or would be likely to, prejudice the prevention or detection of crime or the apprehension or prosecution of offenders.

(5) In this section “relevant offences” means—

(a) war crimes, crimes against humanity and genocide within the meaning of section 50 of the International Criminal Court Act 2001, and

(b) torture within the meaning of section 134 of the Criminal Justice Act 1988.”

Clause 155

LORD BRADSHAW

Page 103, line 39, at end insert “or (Pilot schemes (No. 2))(3)”

Clause 158

LORD BRADSHAW

Page 104, line 39, at end insert—

“( ) Chapter 6 shall come into force in accordance with section (Pilot schemes (No. 2)).”