Joint Committee On Human Rights Minutes of Evidence


House of Commons Notice of Amendment given on Friday 23 February 2001

Standing Committee F

Criminal Justice and Police Bill

Mr Charles Clarke

  169

Clause  56,  page  45,  line  43,  at end insert—

    `(  )  paragraph 7(2) of Schedule 3 to the Freedom of Information Act 2000.'.
Mr Charles Clarke

  170

Schedule  2,  page  111,  line  37,  leave out `9(2)' and insert `5(2)'.

Mr Charles Clarke

  171

Schedule  3,  page  118,  line  48,  leave out `section' and insert `sections 434(6) and'.

Mr Charles Clarke

  172

Schedule  3,  page  118,  line  48,  leave out `Article' and insert `Articles 427(6) and'.

Mr Charles Clarke

  173

Schedule  3,  page  118,  line  50,  leave out `after "it in legible form"' and insert `at the end'.

Mr Charles Clarke

  174

Clause  58,  page  47,  line  3,  after first `is' insert `or contains'.

Mr Charles Clarke

  175

Clause  59,  page  49,  line  14,  after first `is' insert `or contains'.

Mr Charles Clarke

  176

Clause  132,  page  99,  line  27,  after `section,' insert `sections (Police directions stopping the harassment etc of a person in his home) and (Malicious communications),'.

Mr Charles Clarke

  177

Clause  81,  page  69,  line  14,  at end insert—

    `(  )  In subsection (7)(a) (saving for power conferred by Immigration Act 1971), after "1971" there shall be inserted "or section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes);".'.
Mr Charles Clarke

  178

Clause  81,  page  69,  line  15,  leave out subsection (5) and insert—

    `(  )  The fingerprints, samples and information the retention and use of which, in accordance with the amended provisions of section 64 of the 1984 Act, is authorised by this section include—
      (a)  fingerprints and samples the destruction of which should have taken place before the commencement of this section, but did not; and
      (b)  information deriving from any such samples or from samples the destruction of which did take place, in accordance with that section, before the commencement of this section.'.

Mr Charles Clarke

  179

Clause  82,  page  70,  line  40,  at end insert—

    `(  )  In paragraph (8)(a) (saving for power conferred by Immigration Act 1971), after "1971" there shall be inserted "or section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes);'.
Mr Charles Clarke

  180

Clause  82,  page  70,  line  41,  leave out subsection (5) and insert—

    `(  )  The fingerprints, samples and information the retention and use of which, in accordance with the amended provisions of Article 64 of the Order of 1989, is authorised by this section include—
      (a)  fingerprints and samples the destruction of which should have taken place before the commencement of this section, but did not; and
      (b)  information deriving from any such samples or from samples the destruction of which did take place, in accordance with that Article, before the commencement of this section.'.

Mr Charles Clarke

  181

Clause  132,  page  99,  line  28,  after `sections' insert `80 to'.

Mr Charles Clarke

  182

Clause  123,  page  96.  line  17,  leave out paragraph (b).

Mr Charles Clarke

  183

Clause  123,  page  96,  line  23,  leave out `and (c)(i), before "superintendent", in each case,' and insert `,  before "superintendent"'.

Mr Charles Clarke

  184

Clause  123,  page  96,  line  25,  leave out paragraph (b) and insert—

      `(b)  in paragraph 10(c)(i)—

      (i)  after "of the rank of" there shall be inserted "chief superintendent or"; and

      (ii)  for "that rank" there shall be substituted "one of those ranks".'.
Mr Charles Clarke

  185

Clause  64,  page  53,  line  43,  at end insert—

    `(  )  An item which is, or is comprised in, property which has been seized in exercise, or purported exercise, of the power of seizure conferred by sub-paragraph (3) of paragraph 7 of Schedule 1 to the Homes Act 2001 shall be taken for the purposes of this Part to be an item subject to legal privilege if, and only if, the seizure of that item was in contravention of sub-paragraph (5) of that paragraph (privileged documents).'.
Mr Charles Clarke

  186

Clause  64,  page  54,  line  4,  at end insert—

    `(  )  paragraph 7(3) of Schedule 1 to the Homes Act 2001,'.
Mr Charles Clarke

  187

Clause  65,  page  56,  line  15,  at end insert—

`(  ) paragraph 7 of Schedule 1 to the Homes Act 2001 (powers of seizure etc.)'.

Mr Charles Clarke

  188

Schedule  2,  page  112,  line  35,  at end insert—

    `Homes Act 2001 (c. 00)
      . The power of seizure conferred by paragraph 7(3) of Schedule 1 to the Homes Act 2001.'

Police directions stopping the harassment etc of a person in his homeMr Charles Clarke

  NC6

To move the following Clause:—

  `.—(1) Subject to the following provisions of this section, a constable who is at the scene may give a direction under this section to any person if—

      (a)  that person is present outside or in the vicinity of any premises that are used by any individual ("the victim") as his dwelling;
      (b)  that constable believes, on reasonable grounds, that that person is present there for the purpose (by his presence or otherwise) of representing to the victim or another individual (whether or not one who uses the premises as his dwelling), or of persuading the victim or such another individual—

      (i)  that he should not do something that he is entitled or required to do; or

      (ii)  that he should do something that he is not under any obligation to do;
  and

      (c)  that constable also believes, on reasonable grounds, that the presence of that person (either alone or together with that of any other persons who are also present)—

      (i)  amounts to, or is likely to result in, the harassment of the victim; or

      (ii)  is likely to cause alarm or distress to the victim.

  (2)  A direction under this section is a direction requiring the person to whom it is given to do all such things as the constable giving it may specify as the things he considers necessary to prevent one or both of the following—

      (a)  the harassment of the victim; or

      (b)  the causing of any alarm or distress to the victim.
  (3)  A direction under this section may be given orally; and where a constable is entitled to give a direction under this section to each of several persons outside, or in the vicinity of, any premises, he may give that direction to those persons by notifying them of his requirements either individually or all together.

  (4)  The requirements that may be imposed by a direction under this section include a requirement to leave the vicinity of the premises in question (either immediately or after a specified period of time).

  (5)  A direction under this section may make exceptions to any requirement imposed by the direction, and may make any such exception subject to such conditions as the constable giving the direction thinks fit; and those conditions may include—

      (a)  conditions as to the distance from the premises in question at which, or otherwise as to the location where, persons who do not leave their vicinity must remain; and

      (b)  conditions as to the number or identity of the persons who are authorised by the exception to remain in the vicinity of those premises.
  (6)  The power of a constable to give a direction under this section shall not include—

      (a)  any power to give a direction at any time when there is a more senior-ranking police officer at the scene; or
      (b)  any power to direct a person to refrain from conduct that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (right peacefully to picket a work place);
but it shall include power to vary or withdraw a direction previously given under this section.

  (7)  Any person who knowingly contravenes a direction given to him under this section shall be guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale, or to both.

  (8)  A constable in uniform may arrest without warrant any person he reasonably suspects is committing an offence under this section.

  (9)  In this section "dwelling" has the same meaning as in Part I of the Public Order Act 1986.'.

Malicious communicationsMr Charles Clarke

  NC7

To move the following Clause:—

    `.—(1) In subsection (1) of section 1 of the Malicious Communications Act 1988 (offence of sending letters and other articles with intent to cause distress or anxiety)—
      (a)  in paragraph (a), for "letter or other article" there shall be substituted "letter, electronic communication or article of any description"; and

      (b)  in paragraph (b), for the word "other article" there shall be substituted "article or electronic communication".
  (2)  In subsection (2) of that section (defence of making a threat in the belief that it was a proper way of reinforcing a demand and that there were reasonable grounds for making that demand)—

      (a)  in paragraph (a), for "which he believed he had reasonable grounds for making" there shall be substituted "made by him on reasonable grounds"; and
      (b)  in paragraph (b), after "believed" there shall be inserted ",  and had reasonable grounds for believing,".
  (3)  After that subsection there shall be inserted—

  "(2A)  In this section `electronic communication' includes—

      (a)  any oral or other communication by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); and
      (b)  any communication (however sent) that is in electronic form.
(4)  In subsection (3) of that section (definition of "send")—

      (a)  after "delivering" there shall be inserted "or transmitting"; and
      (b)  for "or delivered" there shall be substituted ",  delivered or transmitted".

  (5)  In subsection (5) of that section (penalty for offence), for "a fine not exceeding level 4 on the standard scale" there shall be substituted "imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both".

  (6)  Subsection (5) does not affect the penalty for an offence committed before the day on which this Act is passed.'.

Mr Charles Clarke

  189

Clause  132,  page  100,  line  9,  leave out `and 83' and insert `83 and (Registration for criminal records purposes)'.

Registration for criminal records purposesMr Charles Clarke

  NC8

To move the following Clause:—

    `.—(1) After section 120 of the 1997 Act there shall be inserted the following section—
    "Refusal and cancellation of registration.120A.—(1) The Secretary of State may refuse to include a person in the register maintained for the purposes of this Part if it appears to him that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information.
  (2)  The Secretary of State may remove a person from the register if it appears to the Secretary of State—

      (a)  that the registration of that person is likely to make it possible for information to become available to an individual who, in the Secretary of State's opinion, is not a suitable person to have access to that information; or

      (b)  that the registration of that person has resulted in information becoming known to such an individual.

  (3)  In determining for the purposes of this section whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to—

      (a)  any information relating to that person which concerns a relevant matter;
      (b)  whether that person is included in any list mentioned in section 113(3A) or (3C); and
      (c)  any information provided to the Secretary of State under subsection (4).
  (4)  It shall be the duty of the chief officer of any police force to comply, as soon as practicable after receiving it, with any request by the Secretary of State to provide the Secretary of State with information which—

      (a)  is available to the chief officer;

      (b)  relates to—
      (i)  an applicant for registration;

      (ii)  a registered person; or

      (iii)  an individual who is likely to have access to information in consequence of the countersigning of applications by a particular applicant for registration or by a particular registered person;
  and

      (c)  concerns a matter which the Secretary of State has notified to the chief officer to be a matter which, in the opinion of the Secretary of State, is relevant to the determination of the suitability of individuals for having access to the information that may be provided in consequence of the countersigning of applications under this Part.
  (5)  In this section `relevant matter' has the same meaning as in section 113."

  (2)  In section 119 of that Act (sources of information)—

      (a)  in subsections (1) and (4) (supply of information to the Secretary of State for the purposes of applications under Part V), for "for the purposes of an application under this Part" there shall be substituted "for the purpose of enabling him to carry out his functions under this Part in relation to—
      (a)  any application for a certificate or for registration; or
      (b)  the determination of whether a person should continue to be a registered person.";
      (b)  after subsection (1) there shall be inserted—

  "(1A)  Any person who keeps a list mentioned in section 113(3A) or (3C) above shall make the contents of that list available to the Secretary of State for the purpose of enabling him to carry out his functions under this Part in relation to—

      (a)  any application for a certificate or for registration; or
      (b)  the determination of whether a person should continue to be a registered person."
  and

      (c)  in subsection (3) (payment for information provided under subsection (2)), for "subsection (2)" there shall be substituted "section 120A(4) or subsection (2) of this section".
  (3)  In section 120(2) of that Act (duty to grant registration), after "Subject to" there shall be inserted "section 120A and".

  (4)  In section 120(3) of that Act (regulations about registration), after paragraph (a) there shall be inserted—

    "(aa)  the nomination, in the case of a body corporate or unincorporate, of the individuals authorised to act for the body in relation to the countersigning of applications under this Part;
    (ab)  the refusal by the Secretary of State, on such grounds as may be specified in or determined under the regulations, to accept or to continue to accept the nomination of a person as so authorised;".'.
Mr Charles Clarke

  190

Schedule  7,  page  130,  leave out lines 35 to 37.

Remands and committals to secure accommodation etc
Mr Charles Clarke

  NC9

To move the following Clause:—

    `.—(1) Section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation) shall be amended in accordance with subsections (2) to (4) below.

  (2)  In subsection (5) (conditions for the imposition of a security requirement), for paragraph (b) and the words after it there shall be substituted—

    "(b)  he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
      (i)  amount, or

      (ii)  would, if he were convicted of the offences with which he is charged, amount,
  to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation,

and (in either case) the condition set out in subsection (5AA) below is satisfied."

  (3)  After that subsection there shall be inserted—

  "(5AA)  The condition mentioned in subsection (5) above is that the court is of the opinion, after considering all the options for the remand of the person, that only remanding him to local authority accommodation with a security requirement would be adequate—

      (a)  to protect the public from serious harm from him; or
      (b)  to prevent the commission by him of imprisonable offences."
  (4)  In subsection (6)(a) (statement in open court that the court is of the opinion mentioned in subsection (5)), for "(5)" there shall be substituted "(5AA)".

  (5)  That section as it has effect pursuant to section 98 of the Crime and Disorder Act 1998 (alternative provision for 15 and 16 year old boys), shall so have effect with the further modifications set out in subsections (6) and (7).

  (6)  For subsection (5AA) there shall be substituted—

  "(5AA)  The condition mentioned in subsection (5) above is that the court is of the opinion, after considering all the options for the remand of the person, that only remanding him to a remand centre or prison, or to local authority accommodation with a requirement that he be placed and kept in secure accommodation would be adequate—

      (a)  to protect the public from serious harm from him; or
      (b)  to prevent the commission by him of imprisonable offences."
  (7)  In subsection (6)(a) (statement in open court that the court is of the opinion mentioned in subsection (5)), for "that subsection" there shall be substituted "subsection (5AA) above".'.

Monitoring of compliance with bail conditions
Mr Charles Clarke

  NC10

To move the following Clause:—

  `.—(1) In section 3 of the Bail Act 1976 (general provisions), after subsection (6) there shall be inserted—

  "(6ZAA)  Subject to section 3AA below, if he is a child or young person he may be required to comply with requirements imposed for the purpose of securing the electronic monitoring of his compliance with any other requirement imposed on him as a condition of bail."

  (2)  After that section there shall be inserted—

  "Electronic monitoring of compliance with bail conditions.
3AA.—(1) A court shall not impose on a child or young person a requirement under section 3(6ZAA) above (an `electronic monitoring requirement') unless each of the following conditions is satisfied.

  (2)  The first condition is that the child or young person has attained the age of twelve years.

  (3)  The second condition is that—

      (a)  the child or young person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
      (b)  he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
      (i)  amount, or

      (ii)  would, if he were convicted of the offences with which he is charged, amount,
  to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.

  (4)  The third condition is that the court—

      (a)  has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and
      (b)  is satisfied that the necessary provision can be made under those arrangements.
  (5)  The fourth condition is that a youth offending team has informed the court that in its opinion the imposition of such a requirement will be suitable in the case of the child or young person.

  (6)  Where a court imposes an electronic monitoring requirement, the requirement shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

  (7)  The Secretary of State may make rules for regulating—

      (a)  the electronic monitoring of compliance with requirements imposed on a child or young person as a condition of bail; and
      (b)  without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such requirements.
  (8)  Rules under this section may make different provision for different cases.

  (9)  Any power of the Secretary of State to make an order or rules under this section shall be exercisable by statutory instrument.

  (10)  A statutory instrument containing rules made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

  (11)  In this section `local authority accommodation' has the same meaning as in the Children and Young Persons Act 1969.

  (12)  For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring requirement if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area."

  (3)  In subsection (7) of that section (cases where parent or guardian may be required to secure compliance with requirements), after "(6)" there shall be inserted ",  (6ZAA)".

  (4)  In section 3A(3) of that Act (which modifies section 3 of that Act in its application to bail granted by a custody officer), after "subsections" there shall be inserted "(6ZAA),".'.

Monitoring of compliance with conditions of non-secure remand
Mr Charles Clarke

  NC11

To move the following Clause:—

  `.—(1) In subsection (7) of section 23 of the Children and Young Persons Act 1969 (conditions that may be imposed by a court remanding a person to non-secure local authority accommodation)—

      (a)  at the beginning there shall be inserted "Subject to section 23AA below,"; and
      (b)  for the words from "any" to the end there shall be substituted—
      "(a)  any such conditions as could be imposed under section 3(6) of the Bail Act 1976 if he were then being granted bail; and
      (b)  any conditions imposed for the purpose of securing the electronic monitoring of his compliance with any other condition imposed under this subsection."

  (2)  After that section there shall be inserted—

"Electronic monitoring of conditions of remand.

  23AA.—(1) A court shall not impose a condition on a person under section 23(7)(b) above (an `electronic monitoring condition') unless each of the following requirements is fulfilled.

  (2)  The first requirement is that the person has attained the age of twelve years.

  (3)  The second requirement is that—

      (a)  the person is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of fourteen years or more; or
      (b)  he is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which he has been convicted in any proceedings—
      (i)  amount, or

      (ii)  would, if he were convicted of the offences with which he is charged, amount,
  to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation.

  (4)  The third requirement is that the court—

      (a)  has been notified by the Secretary of State that electronic monitoring arrangements are available in each petty sessions area which is a relevant area; and
      (b)  is satisfied that the necessary provision can be made under those arrangements.
  (5)  The fourth requirement is that a youth offending team has informed the court that in its opinion the imposition of such a condition will be suitable in the person's case.

  (6)  Where a court imposes an electronic monitoring condition, the condition shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

  (7)  The Secretary of State may make rules for regulating—

      (a)  the electronic monitoring of compliance with conditions imposed under section 23(7)(a) above; and

      (b)  without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with such conditions.
  (8)  Subsections (8) to (10) of section 3AA of the Bail Act 1976 (provision about rules and orders under that section) shall apply in relation to this section as they apply in relation to that section.

  (9)  For the purposes of this section a petty sessions area is a relevant area in relation to a proposed electronic monitoring condition if the court considers that it will not be practicable to secure the electronic monitoring in question unless electronic monitoring arrangements are available in that area."

  (3)  In section 69 of that Act (orders and regulations), after subsection (4) there shall be inserted—

  "(4A)  Nothing in this section applies to an order under section 23AA."'.

Arrangements for detention in secure training centres
Mr Charles Clarke

  NC12

To move the following Clause:—

    `.—(1) In section 23 of the Children and Young Persons Act 1969 (remands and committals to local authority accommodation), after subsection (7) there shall be inserted—
  "(7A)  Where a person is remanded to local authority accommodation and a security requirement is imposed in respect of him—

      (a)  the designated local authority may, with the consent of the Secretary of State, arrange for the person to be detained, for the whole or any part of the period of the remand or committal, in a secure training centre; and

      (b)  his detention there pursuant to the arrangements shall be lawful.
  (7B)  Arrangements under subsection (7A) above may include provision for payments to be made by the authority to the Secretary of State."

      (2)  In section 88(1)(c) of the Powers of Criminal Courts (Sentencing) Act 2000 (meaning of "remand in custody"), after "secure accommodation" there shall be inserted "or detained in a secure training centre pursuant to arrangements under subsection (7A) of that section".
      (3)  In section 101(11)(c) of that Act (account to be taken of remands in the court's determination of the term of a detention and training order), after "secure accommodation" there shall be inserted "or detained in a secure training centre pursuant to arrangements under subsection (7A) of that section".'
Mr Charles Clarke

  190

Schedule  7,  page  130,  leave out lines 35 to 37.

Mr Charles Clarke

  191

Clause  51,  page  41,  line  39,  after `instrument' insert `, after consultation with the Scottish Ministers,'.

  Mr Charles Clarke

  192

Clause  59,  page  49,  line  10,  at beginning insert `in relation to England, Wales and Northern Ireland,'.

Mr Charles Clarke

  193

Clause  59,  page  49,  line  11,  after `satisfied;' insert—

  `(    )  in relation to Scotland, the condition set out in subsection (2) is satisfied;'.

Mr Charles Clarke

  194

Clause  64,  page  52,  line  37,  after `privilege")' insert—

    `(    )  for the purposes of the application of this Part to Scotland, in accordance with section 33 of the Criminal Law (Consolidation) (Scotland) Act 1999 (interpretation)'.
Mr Charles Clarke

  195

Clause  67,  page  57,  line  10,  after `subsection' insert—

    `(    )  section 54 and subsection (3)(c) of section 58 shall be omitted;'.
Mr Charles Clarke

  196

Clause  67,  page  57,  line  16,  at end insert—
`(    )  section 43(5) of the Gaming Act 1968;'.

Mr Charles Clarke

  197

Clause  67,  page  57,  line  21,  leave out paragraph (e).

Mr Charles Clarke

  198

Clause  68,  page  57,  line  32,  at end insert—

    `(    )  Where the power designated by the order made under subsection (1) is a power conferred in relation to Scotland, the Secretary of State shall consult the Scottish Ministers before making the order.'.
Mr Charles Clarke

  199

Schedule  2,  page  110,  line  29,  leave out `section 7(2)' and insert `sections 7(2) and 8(1)'.

Mr Charles Clarke

  200

Schedule  2,  page  110,  line  31,  after `offence' insert `or of an offence punishable in Scotland by imprisonment'.

Mr Charles Clarke

  201

Schedule  2,  page  112,  line  28,  leave out `19, 28 and 31' and insert `and

Mr Charles Clarke

  202

Schedule  2,  page  113,  line  35,  leave out `19, 28 and 31' and insert `and 19'

Mr Charles Clarke

  203

Schedule  3,  page  120,  line  3,  at end insert—

    `(    )  In section 8 of the Criminal Justice (International Co-operation) Act 1990 (which makes similar provision for Scotland) after subsection (6) there shall be added—
  "(7)  Subject to subsection (8) below, the reference in subsection (2) above to evidence seized by a constable by virtue of this section shall be taken to include a reference to evidence seized by a constable by virtue of the exercise, in the course of a search authorised by a warrant issued by virtue of this section, of powers conferred by section 49 of the Criminal Justice and Police Act 2001.

  (8)  Nothing in subsection (7) above requires any evidence to be furnished to the Lord Advocate—

      (a)  before it has been found, on the completion of any examination required to be made by arrangements under subsection (2) of section 52 of the Criminal Justice and Police Act 2001, to be property which falls within subsection (3) of that section (property which may be retained after examination); or

      (b)  at a time when it constitutes property in respect of which a person is required to ensure that arrangements such as are mentioned in section 60(1) of that Act (duty to secure) are in force.".'.


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 13 March 2001