Criminal Justice and Police Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 49

 

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

109Page 43, line 6, at end insert ", and
(b)  with the consent of the appropriate judicial authority"
110Page 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."
 The above-named Lords give notice of their intention to oppose the Question that Clause 49 stand part of the Bill.
 

After Clause 49

 

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

111Insert the following new Clause—
  "Consent by appropriate judicial authority
(1)  The appropriate judicial authority shall give its consent under section 48(2A) or 49(3) only if it is satisfied that the person seeking to disclose information has reasonable grounds for believing that a crime has been committed.
(2)  The authority may give its consent subject to any conditions or to any restrictions on the use of the information that it thinks appropriate."
112Insert 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."
113Insert 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."
114Insert 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 50

 

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

115Page 43, line 28, at end insert—
  ""appropriate judicial authority" means—
(a)  in relation to England and Wales, a judge of the Crown Court;
(b)  in relation to Scotland, a sheriff;"
116Page 43, line 35, leave out "or" and insert "and"
 

Clause 51

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

117Page 45, line 7, at end insert "; and
(f)  in the case of material held in electronic form, whether it would be reasonably practicable for the material to be copied on those premises"
118Page 45, line 8, leave out subsection (4)
118APage 45, line 8, at beginning insert "If a person has reasonable grounds to believe that the property to be seized under subsection (2) may include anything that is legally privileged, that property shall only be examined when the owner of the property has a reasonable chance to ensure that his legal representative is present for the separation; and"
 

Clause 52

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

119Page 46, line 21, leave out subsection (4)
 

Clause 53

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

120Page 47, line 7, after "attach" insert "within the premises"
121Page 47, line 7, leave out "to the premises"
122Page 47, line 7, leave out "to" and insert "within, or on the exterior of,"
 

Clause 54

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

122A[Withdrawn]
122ZA*Page 48, line 16, after "property" insert "to have"
122BPage 48, line 17, at end insert—
"(   )  Where the initial examination of the seized property has been conducted without the presence of—
(a)  the person from whom it was seized (or his representative), or
(b)  a person with an interest in that property (or his representative),
  the person for the time being in possession of the property shall give written notice of the reasons why the examination was conducted without the presence of that person or his representative, unless that person has declined the opportunity to be present at the examination."
 

Clause 60

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

123Page 52, line 39, at end insert—
"(   )  An application made under subsection (2) shall be heard by the appropriate judicial authority within 48 hours of it being made."
124Page 53, line 28, after "return" insert "within such reasonable period of time as the authority shall specify"
 

Clause 62

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

125Page 56, line 21, at end insert—
"(   )  The duty to secure that arises under this section is also a duty of the person for the time being having possession, in consequence of the seizure, of the seized property to secure that arrangements are in force that ensure that any material (including any documents, photographs and material in electronic form) in the possession of any person that has been created as a consequence of the seizure of the seized property prior to the giving of the notice of the application under section 61(1) is not at any time—
(a)  further examined or copied, or
(b)  put to any other use,
  except with the consent of the applicant or in accordance with the direction of the appropriate judicial authority."
126Page 56, line 22, leave out "Subsection (1)" and insert "Subsections (1) and (1A)"
 

Clause 70

 

THE LORD BASSAM OF BRIGHTON

127Page 63, line 33, leave out "modify any enactment that makes" and insert "make any modification of any enactment making"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

128Page 63, line 33, leave out "modify" and insert "make any modification, which the Secretary of State considers appropriate in consequence of any provision made by virtue of paragraph (a), to"
129Page 63, line 34, leave out from "under" to end of line 35 and insert "such a provision"
 

THE LORD BASSAM OF BRIGHTON

130Page 63, line 35, at end insert "which the Secretary of State considers appropriate in consequence of any provision made by virtue of that paragraph"
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

130APage 63, line 37, leave out from "Scotland" to end of line 38 and insert "no such order shall be made unless a draft of it has been laid before the Scottish Parliament and approved, in so far as it relates to Scotland, by a resolution of that Parliament."
 

THE LORD BASSAM OF BRIGHTON

131Page 64, leave out line 2
 

Clause 74

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131APage 65, line 8, after "inspector" insert "(who is present at another police station)"
131BPage 65, line 8, after "a" insert "secure"
131CPage 65, line 25, at end insert "; and
(d)  a recording shall be made of telephone conversations relating to the carrying out of the review between the officer carrying out the review and persons in the police station where the arrested person is held (including any representations made orally by telephone to the officer carrying out the review under subsection (4) below))"
131DPage 65, line 46, after "communicate" insert "in a secure manner"
131EPage 65, line 46, at end insert—
"(1A)  The functions mentioned in subsection (2) may only be performed under the provisions of this section by an officer who is not present at the police station where the arrested person is being held if it would not, in all the circumstances, be reasonably practicable for an officer present at that station to perform those functions."
131FPage 66, line 24, at end insert "; and
(c)  a recording shall be made of any video-conference relating to the carrying out of the review between the officer carrying out the review and persons in the police station where the arrested person is held (including any representations made orally by means of the video-conferencing facilities to the officer carrying out the review under subsection (7) below))"
 

Clause 75

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 75 stand part of the bill.
 

Clause 76

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131GPage 67, line 41, after "persons" insert "throughout the hearing"
131HPage 67, line 44, after "representations" insert "throughout the hearing"
131IPage 68, line 10, at end insert "; and
(c)  it is not reasonably practicable in all the circumstances for the hearing to be conducted in the presence of the applicant to whom the application relates or of any legal representative of that person"
131JPage 68, line 11, at beginning insert "If a judicial authority gives a direction under sub-paragraph (4), it shall state its reasons for doing so when giving the direction; and"
 

Clause 78

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131KPage 69, leave out lines 6 and 7
131LPage 69, leave out lines 10 and 11
131MPage 69, line 12, leave out from "made" to "House" in line 14 and insert "unless a draft of the order has been laid before, and approved by a resolution of, each"
 

Clause 81

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131NPage 71, line 13, at end insert—
"(   )  Subsection (1) shall not come into force until the Secretary of State has issued guidance about the circumstances and procedures for the authorisation of the taking of samples under sections 62(1)(a) and (1A)(a), and 63(3)(b) of the 1984 Act."
131PPage 71, line 15, at end insert "(where it is not reasonably practicable for a registered medical practitioner to do so)"
 

Clause 82

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131QPage 72, line 21, at end insert—
"(   )  The relevant law enforcement agency shall ensure that it has adequate controls on the accuracy of records and the circumstances in which searches are permissible and that any other person or agency given access to the records by the agency also has adequate controls."
 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

131RPage 72, leave out lines 28 to 30
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131SPage 72, line 29, leave out "British Islands" and insert "United Kingdom, the Channel Islands or the Isle of Man"
131TPage 72, line 31, after "person" insert ", specified in an order made by the Secretary of State,"
131TAPage 72, line 37, after "person" insert "specified in an order made by the Secretary of State"
131TBPage 72, line 40, leave out "places" and insert "countries"
131TCPage 72, line 43, at end insert—
"(   )  Any order made by the Secretary of State under subsection (1A)(e) or (f) above shall be made by statutory instrument; and no such order shall be made unless a draft of the order has been laid before, and approved by resolution of, each House of Parliament."
 

THE LORD McNALLY
THE LORD DHOLAKIA
LORD PHILLIPS OF SUDBURY

131TDPage 73, leave out lines 30 and 31
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131TEPage 73, line 31, at end insert—
    "(   )  Prior to the giving of consent in writing under subsection (1C) above, the person giving the consent shall have the provisions of subsection (1D) above drawn to his attention in writing."
 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

131TFPage 73, line 31, at end insert—
"(   )  Speculative searches must be appropriate and necessary for the prevention of disorder or crime and any data obtained shall not be further processed in any manner incompatible with that purpose.
(   )  A search will only be appropriate and necessary where there is no reason to believe that the information held by the relevant law-enforcement authority is not accurate and up to date." "

 
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©Parliamentary copyright 2001
1 May 2001