Session 2010-12
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Police Reform and Social Responsibility Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE

Clause 1

LORD MARLESFORD

Page 1, line 6, leave out “commissioner” and insert “guardian”

BARONESS HAMWEE

LORD SHIPLEY

Page 1, line 13, after “has” insert “, subject to section (Shadow operation)”

Page 2, line 32, leave out “are abolished” and insert “shall be abolished in accordance with section (Shadow operation (No. 2))”

LORD HARRIS OF HARINGEY

Page 2, line 32, at end insert—

“( ) Each police and crime commissioner shall appoint a non-executive board of between four and seven members.

( ) Such non-executive boards shall work with the police and crime commissioners to ensure good governance of—

(a) financial,

(b) staff, and

(c) equality,

matters and to support the police and crime commissioners in respect of their functions.

( ) Police and crime commissioners may make such arrangements as they see necessary to remunerate and reimburse expenses incurred by members of such non-executive boards.

( ) Appointments to and remuneration and expenses arrangements for such non-executive boards shall be subject to approval by the relevant police and crime panel.”

Page 2, line 32, at end insert—

“( ) The Mayor’s Office for Policing and Crime must meet representatives of each local authority in the metropolitan police district at least twice a year to discuss the policing needs of those authorities.”

After Clause 1

BARONESS HAMWEE

LORD SHIPLEY

Insert the following new Clause—

“Shadow operation

(1) Subsections (5) to (10) of section 1 shall not take effect until the end of the shadow period.

(2) The Secretary of State shall make regulations for the functions during the shadow period of the police and crime commissioner, relevant police and crime panel and police authority for the police area.”

Schedule 1

BARONESS HAMWEE

LORD SHIPLEY

Schedule 2, page 106, line 9, at end insert “which upon the commissioner’s assumption of office shall not be more than one-third of the salary then payable to the chief constable of the relevant police force.”

Clause 3

LORD HARRIS OF HARINGEY

Page 3, line 13, at end insert “and the City of London”

Page 3, line 29, after “force” insert “and the City of London Police”

Page 3, line 30, after “force” insert “and the City of London Police”

Page 3, line 32, after “Metropolis” insert “and the Commissioner of the City of London Police”

Page 3, line 37, after “Commissioner” insert “of Police of the Metropolis and the Commissioner of the City of London Police”

Page 4, line 26, at end insert—

“( ) The Mayor’s Office for Policing and Crime shall appoint a non-executive board of between four and seven members.

( ) Such non-executive boards shall work with the Mayor’s Office for Policing and Crime to ensure good governance of—

(a) financial,

(b) staff, and

(c) equality,

matters and to support the Mayor’s Office for Policing and Crime in respect of its functions.

( ) The Mayor’s Office for Policing and Crime may make such arrangements as it sees necessary to remunerate and reimburse expenses incurred by members of such non-executive boards.

( ) Appointments to and remuneration and expenses arrangements for such non-executive boards shall be subject to approval by the London Assembly police and crime panel.”

Page 4, line 26, at end insert—

“( ) The police and crime commissioner must meet representatives of each local authority in the relevant police area at least twice a year to discuss the policing needs of those authorities.”

Clause 18

BARONESS HAMWEE

LORD SHIPLEY

Page 14, line 12, leave out “any person” and insert “a member of the relevant police and crime panel”

Page 14, line 15, leave out paragraph (a)

Page 14, line 17, leave out subsection (3)

Clause 19

BARONESS HAMWEE

LORD SHIPLEY

Page 15, line 5, leave out paragraph (a)

Schedule 6

BARONESS HAMWEE

LORD SHIPLEY

Page 117, line 31, leave out paragraph 1

Page 123, line 6, leave out paragraph (b)

Page 125, line 17, leave out paragraph 17

Page 125, line 22, leave out paragraph 18

After Clause 30

BARONESS HAMWEE

LORD SHIPLEY

Insert the following new Clause—

“Shadow operation (No. 2)

(1) The provisions of sections 28 to 30 are subject to this section.

(2) Subsections (2) to (9) of section 28 and sections 29 and 30 shall not take effect until the end of the shadow period.”

Clause 32

BARONESS HAMWEE

LORD SHIPLEY

Page 22, line 36, after “discharged” insert “by it or”

Clause 33

BARONESS HAMWEE

LORD SHIPLEY

Page 23, line 42, at end insert—

“(1A) The London Assembly may approve or reject the draft police and crime plan or draft variation.

(1B) For the purposes of subsection (1A), a draft is deemed to have been approved unless it is rejected by a majority of at least two-thirds of the persons who are members at the time the decision is made voting in favour of that decision.”

Page 24, line 30, at end insert—

“(e) the Commissioner of Police of the Metropolis;

(f) any other officer of the metropolitan police force of the rank of commander or above”

Clause 34

BARONESS HAMWEE

LORD SHIPLEY

Page 25, line 18, at end insert—

“( ) In making arrangements under this section, the chief officer of police must consult the relevant police and crime panel.”

Clause 36

BARONESS HAMWEE

LORD SHIPLEY

Page 24, line 26, at end insert “and shall provide a copy to the relevant police and crime panel”

Schedule 8

BARONESS HAMWEE

LORD SHIPLEY

Page 135, line 16, leave out “three-quarters” and insert “two-thirds”

Page 136, line 8, leave out sub-paragraph (3)

Page 136, line 24, leave out sub-paragraphs (4) and (5) and insert—

“( ) The regulations may not make provision for appointing the rejected candidate.”

Page 136, line 32, leave out paragraphs (c) and (d)

Page 137, line 16, leave out from first “the” to end of line 18 and insert “panel recommends that the commissioner call for the retirement or resignation”

Page 139, line 2, leave paragraph 16

Clause 39

BARONESS HAMWEE

LORD SHIPLEY

Page 26, line 30, at end insert—

“( ) The police and crime commissioner must consult the relevant police and crime panel before responding to a consultation by the chief constable of a police force under subsection (2) or (3).”

After Clause 43

BARONESS HAMWEE

LORD SHIPLEY

Insert the following new Clause—

“Shortlisting and interviewing of candidates for Commissioner and Deputy Commissioner

The Mayor’s Office for Policing and Crime shall include a member of the London Assembly in the board that shortlists and interviews candidates for the posts the subject of sections 42 and 43, and shall have regard to the views of that member in making recommendations under those sections.”

After Clause 47

BARONESS HAMWEE

LORD SHIPLEY

Insert the following new Clause—

“Shortlisting and interviewing of candidates for Assistant Commanders, Deputy Assistant Commissioners and Commanders

The Mayor’s Office for Policing and Crime shall include a member of the London Assembly in the board that shortlists and interviews candidates for the posts the subject of sections 45 to 47, and shall have regard to the views of that member in making recommendations under those sections.”

Clause 48

BARONESS HAMWEE

LORD SHIPLEY

Page 30, line 33, at end insert—

“( ) consult the London Assembly;”

Page 30, line 38, at end insert—

“( ) have due regard to the views of the London Assembly;”

Clause 58

BARONESS HAMWEE

LORD SHIPLEY

Page 36, line 33, at end insert—

“( ) about the regulation of spending with the intention of influencing the outcome of an election by campaigners who are not standing in that election;”

Clause 66

BARONESS HAMWEE

LORD SHIPLEY

Page 42, line 32, leave out “and for this purpose B works for A if” and insert “or if otherwise”

Clause 79

BARONESS HAMWEE

LORD SHIPLEY

Page 50, line 4, leave out “can be” and insert “is most likely to”

Page 50, line 5, leave out “only”

Clause 80

BARONESS HAMWEE

LORD SHIPLEY

Page 50, line 11, leave out “efficiency and effectiveness of the police” and insert “safety and security”

Clause 86

LORD HARRIS OF HARINGEY

Page 53, line 39, at end insert—

“( ) In sub-paragraph (1) omit “from time to time” and insert “on a regular basis or as often as he deems necessary”.”

Page 54, line 19, at end insert—

“( ) After sub-paragraph (3) insert—

“(3A) Any inspection programme or framework must include a review of the extent to which each chief constable is meeting the obligations of the strategic policing requirement.””

Schedule 11

BARONESS HAMWEE

LORD SHIPLEY

Page 146, line 15, leave out paragraph 5

Schedule 12

BARONESS HAMWEE

LORD SHIPLEY

Page 149, line 28, at end insert “; and

(d) the views of the police and crime panel for the area in question established under the Police Reform and Social Responsibility Act 2011”

After Schedule 16

BARONESS FINLAY OF LLANDAFF

Insert the following new Schedule—

“Schedule Youth rehabilitation orders: alcohol monitoring requirement

1 The Criminal Justice and Immigration Act 2008 is amended as follows.

2 In section 1 (youth rehabilitation orders), after subsection (1)(n) insert—

“(na) an alcohol monitoring requirement (see paragraph 24A of that Schedule,”.

3 (1) Schedule 1 (further provision about youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

“(ka) paragraph 24A(2) (alcohol monitoring requirement), and”.

(3) In paragraph 34(4) (provision of copies of orders). after the entry for “an intoxicating substance treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under paragraph 24A(1).”
4 (1) Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) is amended in accordance with this paragraph.

(2) In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”, insert “, other than an order imposing an alcohol monitoring requirement,”.

(3) After paragraph 4, insert–

“Breach of an alcohol monitoring requirement

4A If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of that failure.

(4) In paragraph 21(1) (warrants) after “by virtue of this Schedule” insert “or under paragraph 4A”.”

Insert the following new Schedule—

“Alcohol Monitoring Requirement

1 The Criminal Justice Act 2003 is amended as follows.

2 In section 177 (community orders)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”.

3 In section 182 (licence conditions)—

(a) in subsection (1), after paragraph (f), insert—

“(fa) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”.

4 In section 185 (intermittent custody: licence conditions), in subsection (1), after paragraph (d), insert “, and

(e) section 212A(2) (alcohol monitoring requirement).”

5 In section 190 (imposition of requirements by suspended sentence order)—

(a) in subsection (1), after paragraph (j), insert—

“(ja) an alcohol monitoring requirement (as defined in section 212A),”,

(b) in subsection (2), after paragraph (g), insert “, and

(h) section 212A(2) (alcohol monitoring requirement).”,

(c) in subsection (4), after “an alcohol treatment requirement,” insert “an alcohol monitoring requirement”.

6 In section 238 (power of court to recommend licence conditions), after subsection (1), insert—

“(1A) That may include a recommendation that the offender should be required to refrain from consuming alcohol, including a requirement that the offender submit to testing.”.

7 In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

(iii) a condition requiring the prisoner to refrain from consuming alcohol, including a requirement that the prisoner must submit to testing.”.

8 (1) Schedule 8 (breach, revocation or amendment of community order) is amended in accordance with this paragraph.

(2) In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words “community order”, insert “, other than a community order imposing an alcohol monitoring requirement”.

(3) After paragraph 6 insert—

“Breach of an alcohol monitoring requirement

6A(1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any community order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.”.

9 (1) Schedule 12 (breach or amendment of suspended sentence order, and effect of further conviction is amended in accordance with this paragraph.

(2) In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended sentence order”, insert “, other than an alcohol monitoring requirement”.

(3) After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A(1) If the responsible officer is of the opinion that the offender has failed without reasonable excuse to comply with an alcohol monitoring requirement of a suspended sentence order the officer may arrest the offender and must cause an information to be laid before a justice of the peace in respect of the failure in question.

(2) In relation to any suspended sentence order which was made by the Crown Court and does not include a direction that any failure to comply with the requirements of the order is to be dealt with by a magistrates’ court, the reference in sub-paragraph (1) to a justice of the peace is to be read as a reference to the Crown Court.””

10 In Schedule 14 (persons to whom copies of requirements to be provided in particular cases), after the entry for “an alcohol treatment requirement”, insert—

“An alcohol monitoring requirement Any person specified under section 212A(1).”.”

Clause 103

BARONESS HAMWEE

LORD SHIPLEY

Page 65, line 21, at end insert—

““shadow period” means the period of one year provided by section (shadow operation) in respect of each police area”

Clause 106

VISCOUNT ASTOR

Viscount Astor gives notice of his intention to oppose the Question that Clause 106 stand part of the Bill.

Clause 110

VISCOUNT ASTOR

Page 70, line 23, leave out subsection (2)

Clause 120

VISCOUNT ASTOR

Viscount Astor gives notice of his intention to oppose the Question that Clause 120 stand part of the Bill.

Clause 122

VISCOUNT ASTOR

Page 85, leave out line 3

After Clause 141

BARONESS FINLAY OF LLANDAFF

Insert the following new Clause—

“Youth rehabilitation orders: alcohol monitoring equipment

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008 (further provisions about youth rehabilitation orders), after paragraph 24 insert—

“Alcohol monitoring requirement

24A (1) In this Part “alcohol monitoring requirement”, in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender as a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State makes rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph—

“appropriate adult” means—

(a) the offender’s parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

(b) a social worker of the local authority, or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

“monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”

(2) Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes further amendments to the Criminal Justice and Immigration Act 2008.”

Insert the following new Clause—

“Alcohol monitoring requirement

(1) After section 212 of the Criminal Justice Act 2003, insert—

“212A Alcohol monitoring requirement

(1) In this Part “alcohol monitoring requirement”, in relation to a relevant order, means a requirement that during a period specified in the order, the offender must—

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender’s body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount of no less than £1 and no more than £5 in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless—

(a) it is satisfied that—

(i) the offender has a propensity to misuse alcohol and the offender expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the area proposed to be specified in the order under section 216 (local justice area to be specified in relevant order).

(3) A relevant order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to subsection (1)(b).

(5) The Secretary of State may make rules for all or any of the following purposes—

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under subsection (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(6) In this section, “monitoring officer” means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided.”.

(2) Schedule (Alcohol monitoring requirement) makes further amendments to the Criminal Justice Act 2003.”.