HL Deb 22 July 2002 vol 638 cc117-22

76 Clause 91, page 91, line 43, leave out "of the 1997 Act"

77 Page 92, line 45, leave out "4 the 1997 Act"

78 Schedule 3, page 115, line 40, after "authority;" insert - (aa) to every person entitled to be kept properly informed in relation to the subject matter of the investigation under section (Duty to provide information for other persons);

79 Page 117, line 5, have out sub-paragraph (4) and insert - (4) It shall be the duty of the Commission to notify the persons mentioned in sub-paragraph (4A) if criminal proceedings are brought against any person by the Director of Public Prosecutions in respect of any matters dealt with in a report copied to him under sub-paragraph (2)(c). (4A) Those persons are-

  1. (a) in the case of a complaint the complainant and every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons); and
  2. (b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section."

80 Page 117, line 46, leave out from "(7)(b)" to "setting". in line 48, and insert "the Commission shall give a notification to -

  1. (a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons); and
  2. (b) in the case of a recordable conduct matter, to every person entitled to be kept properly Informed in relation to that matter under that section.
(8A) The notification required by sub-paragraph (8) is one.

81 Page 117, line 50, leave out "that determination"

82 Page 118, line 10, leave out from "duty.' to "a" in line 11, and insert " to give a person mentioned in sub-paragraph (8) notification of the findings of the report by sending that person"

83 Page 118, line 31, leave out sub-paragraph (4) and insert - (4) It shall be the duty of the appropriate authority to notify the persons mentioned in sub-paragraph (4A) if criminal proceedings are brought against any person by Director of Public Prosecutions in respect of any matters dealt with in a report copied to him under sub-paragraph (2)(b). (4A) Those persons are-

  1. (a) in the case of a complaint the complainant and every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons); and
  2. (b) in the case of a recordable conduct matter, every person entitled to be kept properly informed in relation to that matter under that section."

84 Page 119, line 3, leave out from "(5)" to "setting", in line 5, and insert "the appropriate authority shall give a notification to-

  1. (a) in the case of a complaint, to the complainant and to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons); and
  2. (b) in the case of a recordable conduct matter, to every person entitled to be kept properly informed in relation to that matter under that section. (6A) The notification required

85 Page 119, line 7, leave out "that sub-paragraph" and insert- sub-paragraph (5)"

86 Page 119, line 18, leave out from "duty" to "a" in line 19, and insert " to give a person mentioned in sub-paragraph (6) notification of the findings of the report by sending that person"

87 Page 119, line 36, after "authority" insert, "every person entitled to be kept properly informed in relation to the complaint under section

88 Page 120, line 39, after "complainant;" insert - (bb) to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons);

89 Page 120, line 45, after "complainant;" insert - (aa) to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons);

90 Page 121, line 35, after "complainant;" insert- (bb) to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons);

91 Page 121, line 41, after -complainant; insert - (aa) to every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons);

92 Page 123, line 14, after "complainant" insert "and every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons);

93 Page 123, line 24, after "complainant" insert "and every person entitled to be kept properly informed in relation to the complaint under section (Duty to provide information for other persons);

94 Schedule 4, page 123, line 34, leave out "under section 35"

95 Page 124, line 20, at end insert- "Power to detain etc. 1A (1) This paragraph applies if a designation applies it to any person. (2) Where that person has reason to believe that another person has committed a relevant offence in the relevant police area, he may require that other person to give him his name and address. (3) Where, in a case a which a requirement under sub-paragraph (2) has been imposed on another person -

  1. (a) that other person fails to comply with the requirement, or
  2. (b) the person who imposed the requirement has reasonable grounds for suspecting that the other person has given him a name or address that is false or inaccurate, the person who imposed the requirement may require the other person to wait with him, for a period not exceeding thirty minutes, for the arrival of a constable.
(4) A person who has been required under sub-paragraph (3) to wait with a person to whom this Part of this Schedule applies may, if requested to do so, elect that (instead of waiting) he will accompany the person imposing the requirement to a police station in the relevant police area. (5) A person who-
  1. (a) fails to comply with a requirement under sub-paragraph (2),
  2. (b) makes off while subject to a requirement under sub-paragraph (3), or
  3. (c) makes off while accompanying a person to a police station in accordance with an election under sub-paragraph (4), is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
 (6) In this paragraph "relevant offence", in relation to a person to whom this paragraph applies, means any offence which is -
  1. (a) a relevant fixed penalty offence for the purposes of the application of paragraph 1 to that person; or
  2. (b) an offence the commission of which appears to that person to have caused -
    1. (i) injury, alarm or distress to any other person; or
    2. (ii) the loss of, or any damage to, any other person's property; but a designation applying this paragraph to any person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the designation."

96 Page 124, line 22, leave out "under section 35"

97 Page 124, line 28, leave out "2" and insert "1A"

98 Page 124, line 32, after "where" insert "a designation"

99 Page 124, line 33, leave out "a designation under section 35"

100 Page 124, line 43, leave out"

101 Page 125, line 2, leave out "2(2)" and insert "1A(2)"2" and insert "1A"

102 Page 125, line 7, leave out "2" and insert "1A"

103 Page 125, line 12, leave out "under section 35"

104 Page 125, line 23, leave out "under section 35"

105 Page 125, line 35, leave out "under section 35"

106 Page 126, line 2, leave out "under section 35"

107 Page 126, line 7, leave out "under section 35"

108 Page 126, line 18, leave out "under section 35"

109 Page 126, line 22, at end insert- "Power to stop vehicle for testing 9A Where a designation applies this paragraph to any person, that person shall, within the relevant police area, nave the power of a constable in uniform to stop a vehicle under subsection (3) of section 67 of the Road Traffic Act 1988 for the purposes of a test under subsection (1) of that section. Power to control traffic for purposes of escorting a load of exceptional dimensions 9B (1) Where a designation applies this paragraph to any person, that person shall have, for the purpose of escorting a vehicle or trailer carrying a load of exceptional dimensions either to or from the relevant police area, the. power of a constable engaged in the regulation of traffic in a road -

  1. (a) to direct a vehicle to stop;
  2. (b) to make a vehicle proceed in, or keep to, a particular line of traffic; and
  3. (c) to direct pedestrians to stop.
(2) Sections 35 and 37 of the Road Traffic Act 1988 (offences of failing to comply with directions of constable engaged in regulation of traffic in a road) shall have effect in relation to the exercise of those powers for the purpose mentioned in sub-paragraph (1) by a person whose designation applies this paragraph to him as if the references to a constable engaged in regulation of traffic in a road were references to that person. (3) The powers conferred by virtue of this paragraph may be exercised in any police area in England and Wales. (4) In this paragraph "vehicle or trailer carrying a load of exceptional dimensions" means a vehicle or trailer the use of which is authorised by an order made by the Secretary of State under section 44(1)(d) of the Road Traffic Act 1988.

110 Page 12& line 24, leave out "under section 35"

111 Page 126, line 33, leave out "under section 35"

112 Page 126, line 39, leave out "under section 35"

113 Page 127, line 21, leave out "under section 35"

114 Page 128, line 18, leave out "under section 35"

115 Page 129, line 13, leave out "under section 35"

116 Page 130, line 2, leave out "under section 35"

117 Page 130, line 32, leave out "under section 35"

118 Page 130, line 37, at end insert - "Arrest at a police station for another offence 17A (1) Where a designation applies this paragraph to any person, he shall have the power to make an arrest at any police station in the relevant police area in any case where an arrest -

  1. (a) is required to be made under section 31 of the 1984 Act (arrest for a further offence of a person already at a police station); or
  2. (b) would be so required if the reference in that section to a constable included a reference to a person to whom this paragraph applies.
(2) Section 36 of the Criminal Justice and Public Order Act 1994 (c. 33) (consequences of failure by arrested person to account for objects etc.) shall apply (without prejudice to the effect of any designation applying paragraph 20) in the case of a person arrested in exercise of the power exercisable by virtue of this paragraph as it applies in the case of a person arrested by a constable. Power to transfer persons into custody of investigating officers 17B (1) Where a designation applies this paragraph to any person, the custody officer for a designated police station in the relevant police area may transfer or permit the transfer to him of a person in police detention for an offence which is being investigated by the person to whom this paragraph applies. (2) A person into whose custody another person is transferred under subparagraph (1)-
  1. (a) shall be treated for all purposes as having that person in his lawful custody;
  2. (b) shall be under a duty to prevent his escape; and
  3. (c) shall be entitled to use reasonable force to keep that person in his custody.
 (3) Where a person is transferred into the custody of a person to whom this paragraph applies, in accordance with sub-paragraph (1), subsections (2) and (3) of section 39 of the 1984 Act shall have effect as if -
  1. (a) references to the tranfer of a person in police detention into the custody of a police officer investigating an offence for which that person is in police detention were references to that person's transfer into the custody of the person to whom this paragraph applies; and
  2. (b) references to the officer to whom the transfer is made and to the officer investigating the offence were references to the person to whom this paragraph applies.
 Power to require arrested person to account for certain matters 17C Where a designation applies this paragraph to any person -
  1. (a) he shall have the powers of a constable under sections 36(1)(c) and 37(1)(c) of the Criminal Justice and Public Order Act 1994 (c. 33) to request a person who -
    1. (i) has been arrested by a constable, or by any person to whom paragraph 20 applies, and
    2. (ii) is detained at any place in the relevant police area, to account for the presence of an object, substance or mark or for the presence of the arrested person at a particular place; and
  2. (b) the references to a constable in sections 36(1)(b) and (c) and (4) and 37(1)(b) and (c) and (3) of that Act shall have effect accordingly as including references to the person to whom this paragraph is applied."

119 Page 130, line 39, leave out "under section 35"

120 Page 131, line 8, leave out "under 35"

121 Page 131, line 1, leave out "paragraph 20"

122 Page 131, line 28, leave out "under section 35"

123 Page 132, line 2, leave out "under section 35"

124 Page 132, line 10, leave out "under section 35"

125 Page 132, line 20, leave out "under section 35"

126 Page 132, line 31, leave out "under section 35"

127 Page 132, line 39, leave out "under section 35"

128 Page 133, line 14, leave out "under section 35"

129 Page 133, line 20, leave out "under section 35"

130 Page 133, line 25, leave out paragraph 29

131 Page 133, line 42, leave out "under section 35"

132 Page 134, line 33, leave out "under section 35"

133 Page 134, line 37, after second "that" insert "or any other police"

134 Page 134, line 38, leave out "a place in that area that is" and insert "any other place"

135 Page 134, line 40, after "area" insert "or in another police area"

136 Page 134, line 40, at end insert - (1A) Where a designation applies this paragraph to any person, that person may be authorised by the custody officer for any designated police station outside the relevant police area to escort a person in police detention

  1. (a) from that police station to 4 designated police station in that area; or,
  2. (b) from that police station to any place in that arm specified by the custody officer and either back to that police station or on to another police station (whether in that area or elsewhere)."

137 Page 134, line 42, after "(1)" insert "or (1A)"

138 Page 135, line 25, after "35" insert "or (Police powers "for contracted-out staff"

139 Page 135, line 29, at end Insert - (1A) In this Schedule "a designation" means a designation under section 35. (1B) In Parts 3 and 4 of this Schedule "designation" also includes a designation under section (Police powers for contracted-out staff).

Lord Falconer of Thoroton

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 76 to 139. I commend them to the House.

Moved, That the House do agree with the Commons in their Amendments Nos. 76 to 139.—(Lord Falconer of Thoroton.)

On Question, Motion agreed to.