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Amendments to the Criminal Justice and Police Bill

Criminal Justice and Police Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 44

 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

Page 35, line 39, after "company" insert "or a member of a limited liability partnership"
Page 36, line 14, after "representative," insert "or each limited liability partnership of which the individual is a director,"
Page 37, line 44, after "representative" insert ",   or each limited liability partnership of which he becomes a member,"
Page 38, line 17, at end insert—
    "(   )  In sections 723B and 723C, `limited liability partnership' means a partnership formed under the Limited Liability Partnerships Act 2000 (c. 12)."
 

Clause 48

 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

Page 41, line 23, after "47" insert "or 49"
Page 41, line 24, leave out "that section" and insert "either of those sections"
 

Clause 49

 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

Page 43, line 26, at end insert—
"(   )  Section 4A of the Inland Revenue Regulation Act 1890 (c. 21) and section 8 of the Customs and Excise Management Act 1979 (c. 2) do not apply to the exercise of the authority of the Commissioners under this section."
 

After Clause 49

 

THE BARONESS NOAKES
THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

Insert the following new Clause—
  "Disclosure of information: application hearing
(1)  Any person affected, or likely to be affected, by the disclosure of information for which consent under section 47(2A) or 49(3) is applied for shall be informed of that application and shall be entitled to attend and to be heard at the hearing of the application.
(2)  Subsection (1) above shall not apply if the appropriate judicial authority is satisfied that the criminal investigations or criminal proceedings which are the purpose of the intended disclosure under section 47(2) or 49(2) would be significantly impaired."
Insert the following new Clause—
  "Application to disclose information to persons outside the United Kingdom
  Where an application under section 47(2A) or 49(3) is made to disclose information to a person outside the United Kingdom, the appropriate judicial authority shall take into account—
(a)  whether the person to whom information is to be disclosed can be relied upon to use the information only for the purposes for which it is intended to be provided;
(b)  whether the penalties that could result from related criminal proceedings are significantly more severe than could be applied if the crime were committed in the United Kingdom; and
(c)  whether the country in which criminal proceedings could take place is a signatory to the United Nations Convention on Human Rights."
Insert the following new Clause—
  "Disclosure of information: offence
  A person who discloses information to which sections 47 and 49 apply otherwise than in accordance with those sections shall be guilty of an offence and be liable—
(a)  on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both; or
(b)  on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or to both."
 

Clause 83

 

THE BARONESS KENNEDY OF THE SHAWS

Page 74, line 21, at end insert—
"(1C)  Where a person from whom fingerprints or samples are taken is under the age of 18, the fingerprints or samples may be retained, but after 7 years from the time when the person reaches his or her majority, and if no further offence has been committed, the person may apply for the destruction of the said fingerprints or samples."
 

After Clause 83

 

THE BARONESS KENNEDY OF THE SHAWS

Insert the following new Clause—
  "Maintenance of DNA databank
(1)  All DNA samples shall be kept on a databank with the identity of the persons from whom the samples were taken codified.
(2)  The databank shall be maintained and supervised by an independent body whose authorisation shall be required before access to any such samples takes place.
(3)  Any unauthorised use of DNA samples held on the databank constitutes a criminal offence, carrying a prison sentence of up to 5 years."
 

Clause 111

 

THE BARONESS HARRIS OF RICHMOND
THE LORD McNALLY

Page 93, line 14, at end insert—
    "(1A)  Before making a determination under section 17, the Secretary of State shall have consulted—
    (a)  those who he considers represent the interests of police authorities in England, Wales and Northern Ireland;
    (b)  those who he considers represent the interests of chief officers of police in England, Wales and Northern Ireland;
    (c)  any other persons whom the Secretary of State may determine on—
    (i)  the considerations which he is minded to take into account in making the determination;
    (ii)  the objectives which he has determined for NCIS; and
    (iii)  other such matters as he may determine in order to inform the consultation process, including his assessment of the relative balance of funding, objectives and priorities which he is minded to determine for police authorities in England and Wales."
Page 93, line 20, at end insert ", including a summary and his assessment of the comments received in response to the consultation process defined in subsection (1A)"
 

Clause 114

 

THE BARONESS HARRIS OF RICHMOND
THE LORD McNALLY

Page 95, line 34, at end insert—
    "(1A)  Before making a determination under section 62, the Secretary of State shall have consulted—
    (a)  those who he considers represent the interests of police authorities in England, Wales and Northern Ireland;
    (b)  those who he considers represent the interests of chief officers of police in England, Wales and Northern Ireland;
    (c)  any other persons who the Secretary of State may determine, and shall have consulted them on—
    (i)  the considerations which he is minded to take into account in making the determination;
    (ii)  the objectives which he has determined for NCS; and
    (iii)  other such matters as he may determine in order to inform the consultation process, including his assessment of the relative balance of funding, objectives and priorities which he is minded to determine for police authorities in England and Wales."
Page 95, line 40, at end insert ", including a summary and his assessment of the comments received in response to the consultation process defined in subsection (1A)"

 
 
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25 April 2001