House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Amendments to the Criminal Justice and Police Bill

Criminal Justice and Police Bill


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Marshalled List]


 

Clause 13

 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

32A*Page 7, line 22, at end insert—
"(   )  A local authority should only make an order where the conditions identified in subsection (2) are satisfied and in making an order should have particular regard to the frequency of occasions of alcohol-related disorder or crime in the area over the period starting 6 months before the decision is taken."
 

Clause 17

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

39A*Page 9, line 20, at end insert—
    "(   )  A closure order may only be made on the grounds specified in subsection (1)(c) if the senior police officer has given notice to the licensee that he intends to make the order, and the licensee has failed to take appropriate action to quell the disturbance."
39B*Page 10, line 11, after "practicable," insert "provided that the person given notice of the closure order has been given three hours notice to appear before them"
39C*Page 10, line 13, at end insert—
    "(   )  The person given notice of the closure order and the holder of the licence (if different) shall be entitled to be heard upon the justices' consideration in accordance with subsection (2) whether to exercise their powers under subsection (3) of this section."
39D*Page 10, leave out lines 17 to 19 and insert "make an order under section 188 of this Act"
41A*Page 11, line 16, after "a" insert "single"
41B*Page 11, line 17, leave out "previous" and insert "initial"
44A*Page 16, line 5, after "to" insert "open and"
44B*Page 16, line 7, leave out "not less than fourteen days"
44C*Page 16, line 26, leave out ", or is supplied with,"
 

Clause 33

 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

64A*Page 26, line 2, at end insert "; and
(   )  the court has determined that such an order would be appropriate and necessary in order to protect national security, public order, public health or morals or the rights and freedoms of others"
 

Clause 35

 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

66A*Page 28, line 11, at end insert "; and
(   )  whether the order remains appropriate and necessary to protect national security, public order, public health or morals or the rights and freedoms of others"
67A*Page 28, line 23, after "made;" insert—
"(   )  whether the order remains appropriate and necessary to protect national security, public order, public health or morals or the rights and freedoms of others;"
 

After Clause 45

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

94A*Insert the following new Clause—
  "Amendment of s.14 of the Crime and Disorder Act 1998
(   )  Section 14 of the Crime and Disorder Act 1998 (c. 37) (local child curfew schemes) shall be amended as follows.
(   )  After subsection (5) there shall be inserted—
    "(5A)  The Secretary of State shall not confirm a local child curfew scheme unless he is satisfied that it will help to avoid disorder or to prevent the commission of offences by young persons.""
 

Clause 46

 

THE LORD McNALLY
THE LORD LESTER OF HERNE HILL

94B*Page 40, line 8, at end insert "; and
(   )  after "order" there shall be inserted "or the protection of children or young adults; and"
94C*Page 40, line 14, at end insert—
"(3B)  Before making a local child curfew scheme, the authority or, (as the case may be) the chief officer of police, shall consider whether the making of such a scheme would be appropriate and necessary to protect public order or for the protection of children and young adults.""
94D*Page 40, line 19, at end insert—
"(4B)  Before confirming a local child curfew scheme, the Secretary of State shall consider whether the making of such a scheme would be appropriate and necessary to protect public order or for the protection of children and young adults.""
 

Clause 51

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

118A*Page 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 54

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

122A*Page 48, line 16, after "property," insert "has"
122B*Page 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 70

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

130A*Page 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."
 

Clause 74

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131A*Page 65, line 8, after "inspector" insert "(who is present at another police station)"
131B*Page 65, line 8, after "a" insert "secure"
131C*Page 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))"
131D*Page 65, line 46, after "communicate" insert "in a secure manner"
131E*Page 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."
131F*Page 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

131G*Page 67, line 41, after "persons" insert "throughout the hearing"
131H*Page 67, line 44, after "representations" insert "throughout the hearing"
131I*Page 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"
131J*Page 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

131K*Page 69, leave out lines 6 and 7
131L*Page 69, leave out lines 10 and 11
131M*Page 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

131N*Page 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."
131P*Page 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

131Q*Page 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

131R*Page 72, leave out lines 28 to 30
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131S*Page 72, line 29, leave out "British Islands" and insert "United Kingdom, the Channel Islands or the Isle of Man"
131T*Page 72, line 31, after "person" insert ", specified in an order made by the Secretary of State,"
131TA*Page 72, line 37, after "person" insert "specified in an order made by the Secretary of State"
131TB*Page 72, line 40, leave out "places" and insert "countries"
131TC*Page 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

131TD*Page 73, leave out lines 30 and 31
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131TE*Page 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

131TF*Page 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." "
 

Clause 83

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

131TG*Page 74, line 10, leave out "whether"
131TH*Page 74, line 11, leave out from "Kingdom" to "or" in line 12
 

THE LORD McNALLY
THE LORD DHOLAKIA
THE LORD PHILLIPS OF SUDBURY

132A*Page 75, leave out lines 1 and 2
 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

132B*Page 75, line 10, leave out subsection (6)
 

Clause 84

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133A*Page 76, line 45, leave out subsection (6)
 

Clause 89

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133B*Page 79, line 11, at end insert—
"(   )  to determine the curriculum for police training;"
 

Clause 98

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133C*Page 83, line 29, leave out subsection (2)
133D*Page 84, line 9, at beginning insert "Except in the case of regulations which make provision for the type specified in subsection (2),"
133E*Page 84, line 11, at end insert—
"(   )  Any statutory instrument containing regulations which make provision for the type specified in subsection (2) shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
 

Clause 104

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133F*Page 85, line 15, leave out "(including provision modifying this Part)"
 

Clause 105

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

133G*Page 86, line 1, leave out "one or more" and insert "not more than two"
133H*Page 86, line 1, leave out "one or more vice-chairmen" and insert "a vice-chairman"
133I*Page 87, line 31, leave out "only one" and insert "the"
133J*Page 87, line 32, leave out "that" and insert "the"
133K*Page 87, leave out lines 33 to 35
 

Clause 116

 

THE LORD COPE OF BERKELEY
THE BARONESS BUSCOMBE
THE VISCOUNT BRIDGEMAN

138A*Page 97, line 5, leave out paragraph (c)
 

Clause 126

 

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 126 stand part of the bill.

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

©Parliamentary copyright 2001
30 April 2001