Police Reform Bill [Lords]

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New clause 12

Persons authorised to take intimate samples from persons in police detention

    '(1) For subsection (9) of section 62 of the 1984 Act (persons who may take intimate samples) there shall be substituted—

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    ''(9) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.

    (9A) In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—

    (a) a registered medical practitioner; or

    (b) a registered health care professional.''

    (2) In section 65 of the 1984 Act (interpretation of Part 5 of that Act), in subsection (1) after the definition of ''registered dentist'' there shall be inserted—

    '''registered health care professional' means a person (other than a medical practitioner) who is—

    (a) a registered nurse; or

    (b) a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;''.

    (3) After that subsection, there shall be inserted—

    ''(1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 other than the profession of practising medicine and the profession of nursing.

    (1B) An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.'''.—[Mr. Denham.]

Brought up, read the First and Second time, and added to the Bill.

New clause 13

Application of the Police (Property) Act 1897

to NCS

    '(1) After section 2 of the Police (Property) Act 1897 (c.30) there shall be inserted—

    ''2A Application to NCS

    (1) This Act applies to property which has come into the possession of the National Crime Squad as it applies to property that has come into the possession of the police.

    (2) In relation to property that has come into the possession of the National Crime Squad—

    (a) the reference in section 1(1) to an officer of police is a reference to a member of that Squad; and

    (b) references in section 2 to the property remaining in the possession of the police are references to its remaining in the possession of that Squad.

    (3) The power to make regulations under section 2 has effect in relation to property that has come into the possession of the National Crime Squad as if—

    (a) the relevant authority for the purposes of subsection (2A) of that section were the Service Authority for that Squad; and

    (b) the reference in subsection (2A)(c) of that section to police purposes were a reference to the purposes of that Squad.'''.

    (2) In section (2) of that Act (regulations), for subsection (2B) there shall be substituted—

    ''(2B) The relevant authority for the purposes of subsection (2A) is the police authority.'''.—[Mr. Denham.]

Brought up, and read the First time.

Mr. Denham: I beg to move, That the clause be read a Second time.

The new clause will give effect to one of the recommendations made by the Select Committee on Home Affairs in its report on the Bill. The Police (Property) Act 1897 allows the police force to dispose of property that comes into its possession during the investigation of a suspected offence. Property may be

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sold or retained for use by the police, and the proceeds of the sale go to the police authority. The new clause extends the 1897 Act to cover the National Crime Squad. In cases relating to that body, the proceeds from the sale of any property will be paid to the service authority.

The Home Affairs Committee also recommended that the 1897 Act be extended to the National Criminal Intelligence Service, but as that is an intelligence-gathering organisation and is not involved in operational activity, property would not come into its possession. The new clause therefore does not extend the 1897 Act to NCIS.

Mr. Hawkins: The new clause seems extremely sensible. As the Minister has rightly said, it arose from the recommendations of the Home Affairs Committee. That is a justification of the system whereby Select Committees consider specific Government Bills, and I am glad that the Minister took the recommendation on board.

Norman Baker: The new clause is sensible. That is the third time that I have said that this afternoon, so it is ''Three strikes and you're in'' for the Minister.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

New clause 16

Protected disclosures by police officers

    '(1) After section 43K of the Employment Rights Act 1996 (c.18), there shall be inserted—

    ''43KA Application of this Part and related provisions to police

    (1) For the purposes of—

    (a) this Part,

    (b) section 47B and sections 48 and 49 so far as relating to that section, and

    (c) section 103A and the other provisions of Part 10 so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 103A, a person who holds, otherwise than under a contract of employment, the office of constable or an appointment as a police cadet shall be treated as an employee employed by the relevant officer under a contract of employment; and any reference to a worker being 'employed' and to his 'employer' shall be construed accordingly.

    (2) In this section 'the relevant officer' means—

    (a) in relation to a member of a police force or a special constable appointed for a police area, the chief officer of police;

    (b) in relation to a person appointed as a police member of the NCIS, the Director General of NCIS;

    (c) in relation to a person appointed as a police member of the NCS, the Director General of NCS;

    (d) in relation to any other person holding the office of constable or an appointment as police cadet, the person who has the direction and control of the body of constables or cadets in question.''

    (2) In section 200(1) of that Act (provisions which do not apply to persons engaged in police service under a contract of employment)—

    (a) the words '', Part IVA'' and '', 47B'' shall be omitted;

    (b) after ''sections 100'' there shall be inserted '', 103A''; and

    (c) after ''section 100'' there shall be inserted ''or 103A''.

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    (3) Section 13 of the Public Interest Disclosure Act 1998 (c.23) (exclusion of police service from provisions about protected disclosures) shall cease to have effect.'.—[Mr. Denham.]

Brought up, read the First and Second time, and added to the Bill.

New clause 17

Sex offender orders

    '(1) Section 2 of the Crime and Disorder Act 1998 (c.37) (sex offender orders) shall be amended as follows.

    (2) In subsection (1) (application for a sex offender order)—

    (a) for ''in his police area'' there shall be substituted ''who he believes is in, or is intending to come to, his police area'';

    (b) for ''the public'' there shall be substituted ''the public in the United Kingdom, or any particular members of that public,''.

    (3) In subsection (2) (which identifies the court to which an application must be made)—

    (a) for ''the magistrates' court'' there shall be substituted ''—

    (a) any magistrates' court'';

    (b) at the end there shall be inserted ''; or

    (b) any magistrates' court whose commission area includes any part of the applicant's police area.''

    (4) In subsection (4) (the prohibitions which may be imposed), for ''the public'' there shall be substituted ''the public in the United Kingdom, or any particular members of that public,''.

    (5) In subsection (6) (variation or discharge of the order)—

    (a) after ''the applicant'' there shall be inserted '', any other relevant chief officer of police'';

    (b) for ''the court which made a sex offender order for it'' there shall be substituted ''the appropriate court for the sex offender order''.

    (6) After that subsection there shall be inserted—

    ''(6A) In subsection (6) above—

    'the appropriate court' means—

    (a) the court which made the sex offender order; or

    (b) any magistrates' court whose commission area includes any part of the police area of the applicant or of any other relevant chief officer of police;

    'relevant chief officer of police' means a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.''

    (7) In subsection (7) (discharge of orders), after ''parties'' there shall be inserted ''and subject to subsection (7A) below''.

    (8) After that subsection there shall be inserted—

    ''(7A) Where any magistrates' court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.''

    (9) In subsection (8) (offence for breach of order), for ''shall be'' there shall be substituted ''is guilty of an offence and''.

    (10) Subsections (4) to (6) apply in relation to applications and orders under section 2 of the Crime and Disorder Act 1998 (c.37), whether made before or after the coming into force of this section.'''.—[Mr. Denham.]

Brought up, read the First and Second time, and added to the Bill.

New clause 18

Interim orders: sex offenders

    '(1) After section 2 of the Crime and Disorder Act 1998 (c.37) there shall be inserted—

    ''2A Interim orders: sex offenders

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    (1) This section applies where an application for a sex offender order (''the main application'') to a magistrates' court has not been determined.

    (2) The applicant may apply by complaint to the court for an interim order, pending the determination of the main application.

    (3) The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.

    (4) An interim order—

    (a) shall have effect for the period specified in the order;

    (b) shall (if still in force) cease to have effect on the determination of the main application.

    (5) While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c.51) shall have effect as if—

    (a) the defendant were subject to the notification requirements of that Part; and

    (b) in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order.

    (6) The applicant or the defendant may apply by complaint to the court which made the interim order for it to be varied or discharged by a further order.

    (7) If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.

    (8) A person guilty of an offence under subsection (7) above shall be liable—

    (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

    (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.

    (9) Where a person is convicted of an offence under subsection (7) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c.6) in respect of the offence.''

    (2) In section 4(1) of that Act (appeals), for ''or sex offender order'' there shall be substituted '', a sex offender order or an order under section 2A above''.'.—[Mr. Denham.]

Brought up, read the First and Second time, and added to the Bill.

 
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