139 Search powers available on arrests under sections 136, 137 and 137A.
(1) The powers conferred by subsections (2) and (3) are available to a constable in relation to—
(a) a person arrested under section 136(1), (2)(b) or (3)(a);
(b) a person arrested under section 137(1) or (3);
(c) a person arrested under section 137A in respect of a specified offence committed in England and Wales or Northern Ireland.
(2) A constable to whom this section applies may search the person if the constable has reasonable grounds for believing that the person may present a danger to himself or others.
(3) Subject to subsections (4) to (6) below, a constable to whom this section applies may—
(a) search the person for anything—
(i) which he might use to assist him to escape from lawful custody; or
(ii) which might be evidence relating to an offence; and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) The powers conferred by subsection (3B) are available to a constable in relation to—
(a) a person arrested under section 136(1) or (3)(a) in the execution of a warrant issued in England and Wales in respect of an offence that is an indictable offence in England and Wales;
(b) a person arrested under section 136(1) or (2)(b) in the execution of a warrant issued in Northern Ireland in respect of an offence that is an indictable offence in Northern Ireland;
(c) a person arrested under section 137(1) in respect of an offence that is an indictable offence in England and Wales;
(d) a person arrested under section 137(3) in respect of an offence that is an indictable offence in Northern Ireland;
(e) a person arrested under section 137A(2) or (4) in respect of a specified offence committed in England and Wales;
(f) a person arrested under section 137A(1) or (2) in respect of a specified offence committed in Northern Ireland.
(3B) The constable may enter and search any premises in which the person was when arrested or immediately before he was arrested for evidence relating to the offence.
(4) The power to search conferred by subsection (3) or (3B) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.
(5) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket, headgear, gloves or footwear but they do authorise a search of a person’s mouth.
(6) A constable may not search a person in the exercise of the power conferred by subsection (3)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.
(7) A constable may not search premises in the exercise of the power conferred by subsection (3B) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that subsection.
(8) In so far as the power of search conferred by subsection (3B) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—
(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and
(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
(9) A constable searching a person in the exercise of the power conferred by subsection (2) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.
(10) A constable searching a person in the exercise of the power conferred by subsection (3)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—
(a) that he might use it to assist him to escape from lawful custody; or
(b) that it is evidence of an offence, or has been obtained in consequence of the commission of an offence.
(10A) Where a constable of a police force in England and Wales searches premises in the exercise of the power conferred by subsection (3B) or where a constable of the British Transport Police or a constable appointed as a member of the Civil Nuclear Constabulary searches premises in England and Wales in the exercise of that power—
(a) the constable has the same powers as the constable would have under section 19 of the Police and Criminal Evidence Act 1984 if the search had taken place under section 32(2)(b) of that Act, and
(b) sections 21 and 22 of that Act apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above.
(10B) Where a constable of a police force in Northern Ireland searches premises in the exercise of the power conferred by subsection (3B)—
(a) the constable has the same powers as the constable would have under Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) if the search had taken place under Article 34(2)(b) of that Order, and
(b) Articles 23 and 24 of that Order apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above.
(10C) Where a constable of a police force in Scotland searches premises in the exercise of the power conferred by subsection (3B), or where a constable of the British Transport Police or a constable appointed as a member of the Civil Nuclear Constabulary searches premises in Scotland in the exercise of that power, the constable has the same powers of seizure and retention as the constable would have if the search had taken place in the exercise of a power of the constable (by virtue of any rule of law) in relation to a person arrested and charged with an offence by the constable in Scotland.
(11) Nothing in this section shall be taken to affect the power conferred by section 43 of the Terrorism Act 2000.
(12) In this section—
“item subject to legal privilege” has the meaning given to it—
as respects anything in the possession of a person searched in England and Wales, by section 10 of the Police and Criminal Evidence Act 1984;
as respects anything in the possession of a person searched in Scotland, by section 412 of the Proceeds of Crime Act 2002;
as respects anything in the possession of a person searched in Northern Ireland, by Article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989;
“premises” includes any place and, in particular, includes—
any vehicle, vessel, aircraft or hovercraft;
any offshore installation;
any any renewable energy installation; and
any tent or movable structure; ...
“offshore installation” has the meaning given to it by section 44 of the Petroleum Act 1998 ; and
“renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).
(1) Where a constable of a police force in England and Wales would, in relation to an offence, have power to arrest a person in England or Wales under section 24 of the Police and Criminal Evidence Act 1984 (arrest without warrant) a constable of a police force in Scotland or in Northern Ireland shall have the like power of arrest in England and Wales.
(2) Where a constable of a police force in Scotland or in Northern Ireland arrests a person in England or Wales by virtue of subsection (1) above—
(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by section 28 of that Act;
(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by section 30 of that Act and so also as respects the other related requirements of that section; and
(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by section 32 of that Act.
(3) Where a constable of a police force in Scotland would, in relation to an offence, have power to arrest a person in Scotland, a constable of a police force in England and Wales or in Northern Ireland shall have the like power of arrest in Scotland.
(4) Where a constable of a police force in England or Wales or in Northern Ireland arrests a person in Scotland by virtue of subsection (3) above, any enactment or rule of law which concerns—
(a) the powers and duties of a constable who effects an arrest under a power which a constable of the Police Service of Scotland could have exercised to effect the arrest;
(b) the rights of a person arrested under that power of arrest;
(c) the procedures to be followed after an arrest under that power,
applies in relation to the arrest as though the constable who effected the arrest were a constable of a police force in Scotland.
(5) Where a constable of a police force in Northern Ireland would, in relation to an offence, have power to arrest a person in Northern Ireland under Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (arrest without warrant) a constable of a police force in England and Wales or Scotland shall have the like power of arrest in Northern Ireland.
(6) Where a constable of a police force in England and Wales or in Scotland arrests a person in Northern Ireland by virtue of subsection (5) above—
(a) the constable shall be subject to requirements to inform the arrested person that he is under arrest and of the grounds for it corresponding to the requirements imposed by Article 30 of that Order;
(b) the constable shall be subject to a requirement to take the arrested person to a police station corresponding to the requirement imposed by Article 32 of that Order and so as respects the other related requirements of that Article; and
(c) the constable shall have powers to search the arrested person corresponding to the powers conferred by Article 34 of that Order.
(6A) The references in subsections (1) and (2) to a constable of a police force in Scotland, and the references in subsections (3) and (4) to a constable of a police force in England and Wales, include a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004.
(7) In this section “constable of a police force”, in relation to Northern Ireland, means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
146 Extension of Sexual Offences Act 1967 to the armed forces and merchant navy.
(1) Section 1(5) of the Sexual Offences Act 1967 (homosexual acts in the armed forces) is repealed.
(2) In section 80 of the Criminal Justice (Scotland) Act 1980—
(a) subsection (5) (homosexual acts in the armed forces) shall cease to have effect;
(b) in subsection (7)—
(i) after paragraph (b) there shall be inserted the word “ or ”; and
(ii) paragraph (d) (homosexual acts on merchant ships) and the word “; or” immediately preceding that paragraph shall cease to have effect; and
(c) subsection (8) (interpretation) shall cease to have effect.
(3) Section 2 of the Sexual Offences Act 1967 (homosexual acts on merchant ships) is repealed.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
147 Homosexuality on merchant ships and in the armed forces: Northern Ireland.
(1) In the Homosexual Offences (Northern Ireland) Order 1982, the following are revoked—
(a) in article 3(1) (homosexual acts in private), the words “and Article 5 (merchant seamen)”; and
(b) article 5 (homosexual acts on merchant ships).
(2) Article 3(4) of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in the armed forces) is revoked.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
148 Amendment of law relating to homosexual acts in Scotland.
In section 80(6) of the Criminal Justice (Scotland) Act 1980 (which defines “homosexual act” for the purpose of section 80), after “gross indecency” there is inserted “ or shameless indecency ”.
In section 32 of the Criminal Justice Act 1991 (which provides the constitution and basic functions of the Parole Board), for subsection (1), there shall be substituted the following subsection—
(1) The Parole Board shall be, by that name, a body corporate and as such shall be constituted in accordance with, and have the functions conferred by, this Part.
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150 Powers to recall prisoners released on licence.
In section 50 of the Criminal Justice Act 1991 (power by order to transfer certain functions to the Parole Board) subsection (4) shall cease to have effect and, in subsection (1), for the words “(2) to (4)” there shall be substituted the words “ (2) or (3) ”.
(1) After section 16 of the Prison Act 1952 there shall be inserted the following section—
Testing prisoners for drugs.
16A (1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.
(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.
(3) In this section—
“authorisation” means an authorisation by the governor;
“drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971;
“intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984;
“prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991; and
“prison rules” means rules under section 47 of this Act.
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(2) After section 41A of the Prisons (Scotland) Act 1989 there shall be inserted the following section—
Testing prisoners for drugs.
41B (1) If an authorisation is in force for the prison, any officer of the prison may, at the prison, in accordance with rules under section 39 of this Act, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body.
(2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.
(3) In this section—
“authorisation” means an authorisation by the governor;
“drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971; and
“intimate sample” means a sample of blood, semen or any other tissue fluid, saliva or pubic hair, or a swab taken from a person’s body orifice.
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152 Powers of search by authorised employees in prisons.
(1) In the Prison Act 1952, after section 8, there shall be inserted the following section—
Powers of search by authorised employees.
8A (1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.
(2) An authorised employee searching a prisoner by virtue of this section—
(a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;
(b) may use reasonable force where necessary; and
(c) may seize and detain any unauthorised property found on the prisoner in the course of the search.
(3) In this section “authorised employee” means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section.
(4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section.
(5) In this section “unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by prison rules or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.
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(2) In the Prisons (Scotland) Act 1989, after section 41, there shall be inserted the following section—
Powers of search by authorised employees.
41A (1) An authorised employee at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person.
(2) An authorised employee searching a prisoner by virtue of this section—
(a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear;
(b) may use reasonable force where necessary; and
(c) may seize and detain any unauthorised property found on the prisoner in the course of the search.
(3) In this section “authorised employee” means an employee of a description for the time being authorised by the governor to exercise the powers conferred by this section.
(4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of employees who are for the time being authorised employees.
(5) In this section—
“employee” means an employee (not being an officer of a prison) appointed under section 2(1) of this Act; and
“unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by rules under section 39 of this Act or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.
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(1) Section 41 of the Prisons (Scotland) Act 1989 (unlawful introduction of tobacco, etc. into prison) shall be amended as follows.
(2) In subsection (1), for the words from the beginning to “shall be guilty” there shall be substituted—
(1) Any person who without reasonable excuse brings or introduces, or attempts by any means to bring or introduce, into a prison—
(a) any drug;
(b) any firearm or ammunition;
(c) any offensive weapon;
(d) any article to which section 1 of the Carrying of Knives etc. (Scotland) Act 1993 applies; or
(e) without prejudice to paragraphs (a) to (d) above, any article which is a prohibited article within the meaning of rules under section 39 of this Act,
shall be guilty
.
(3) After subsection (2) there shall be inserted the following subsections—
(2A) Where an officer of a prison has reasonable grounds for suspecting that a person who is in or is seeking to enter a prison has in his possession any article mentioned in paragraphs (a) to (e) of subsection (1) above he shall, without prejudice to any other power of search under this Act, have power to search that person and any article in his possession and to seize and detain any article mentioned in those paragraphs found in the course of the search.
(2B) The power conferred by subsection (2A) above—
(a) shall be exercised in accordance with rules under section 39 of this Act;
(b) shall not be construed as authorising the physical examination of a person’s body orifices;
(c) so far as relating to any article mentioned in paragraph (c), (d) or (e) of subsection (1) above (and not falling within paragraph (a) or (b) of that subsection), shall not be construed as authorising an officer of a prison to require a person to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear; and
(d) shall include power to use reasonable force where necessary.
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(4) For subsection (3) there shall be substituted the following subsections—
(3) Where an officer of a prison has reasonable grounds for suspecting that any person has committed or is committing an offence under subsection (1) above he may, for the purpose of facilitating investigation by a constable into the offence, detain that person in any place in the prison in question and may, where necessary, use reasonable force in doing so.
(4) Detention under subsection (3) above shall be terminated not more than six hours after it begins or (if earlier)—
(a) when the person is detained in pursuance of any other enactment or subordinate instrument;
(b) when the person is arrested by a constable; or
(c) where the governor of the prison or a constable investigating the offence concludes that there are no such grounds as are mentioned in subsection (3) above or the officer of the prison concludes that there are no longer such grounds,
and the person detained shall be informed immediately upon the termination of his detention that his detention has been terminated.
(5) Where a person has been released at the termination of a period of detention under subsection (3) above he shall not thereafter be detained under that subsection on the same grounds or on any grounds arising out of the same circumstances.
(6) At the time when an officer of a prison detains a person under subsection (3) above he shall inform the person of his suspicion, of the suspected offence and of the reason for the detention; and there shall be recorded—
(a) the place where and the time when the detention begins;
(b) the suspected offence;
(c) the time when a constable or an officer of the police authority is informed of the suspected offence and the detention;
(d) the time when the person is informed of his rights in terms of subsection (7) below and the identity of the officer of the prison so informing him;
(e) where the person requests such intimation as is specified in subsection (7) below to be sent, the time when such request is—
(i) made; and
(ii) complied with; and
(f) the time when, in accordance with subsection (4) above, the person’s detention terminates.
(7) A person who is being detained under subsection (3) above, other than a person in respect of whose detention subsection (8) below applies, shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to one other person reasonably named by him and shall be informed of that entitlement when his detention begins.
(8) Where a person who is being detained under subsection (3) above appears to the officer of the prison to be under 16 years of age, the officer of the prison shall send without delay to the person’s parent, if known, intimation of the person’s detention and of the place where he is being detained; and the parent—
(a) in a case where there is reasonable cause to suspect that he has been involved in the alleged offence in respect of which the person has been detained, may; and
(b) in any other case, shall,
be permitted access to the person.
(9) The nature and extent of any access permitted under subsection (8) above shall be subject to any restriction essential for the furtherance of the investigation or the well-being of the person.
(10) In this section—
“drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971;
“firearm” and “ammunition” have the same meanings as in the Firearms Act 1968;
“offensive weapon” has the same meaning as in the Prevention of Crime Act 1953; and
“parent” includes a guardian and any person who has actual custody of a person under 16 years of age.
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154 Offence of causing intentional harassment, alarm or distress.
In Part I of the Public Order Act 1986 (offences relating to public order), after section 4, there shall be inserted the following section—
Intentional harassment, alarm or distress.
4A (1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.
(3) It is a defence for the accused to prove—
(a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(b) that his conduct was reasonable.
(4) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
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156 Prohibition on use of cells from embryos or foetuses.
(1) The Human Fertilisation and Embryology Act 1990 shall be amended as follows.
(2) After section 3 there shall be inserted the following section—
Prohibition in connection with germ cells.
3A (1) No person shall, for the purpose of providing fertility services for any woman, use female germ cells taken or derived from an embryo or a foetus or use embryos created by using such cells.
(2) In this section—
“female germ cells” means cells of the female germ line and includes such cells at any stage of maturity and accordingly includes eggs; and
“fertility services” means medical, surgical or obstetric services provided for the purpose of assisting women to carry children.
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(3) In section 41(1)(a) (offences under the Act) after the words “section 3(2)” there shall be inserted “ , 3A ”.
(1) The enactments specified in column 2 of Part I of Schedule 8 to this Act which relate to the maximum fines for the offences mentioned (and broadly described) in column 1 of that Part of that Schedule shall have effect as if the maximum fine that may be imposed on summary conviction of any offence so mentioned were a fine not exceeding the amount specified in column 4 of that Part of that Schedule instead of a fine of an amount specified in column 3 of that Part of that Schedule.
(2) For the amount of the maximum fine specified in column 3 of Part II of Schedule 8 to this Act that may be imposed under the enactments specified in column 2 of that Part of that Schedule on summary conviction of the offences mentioned (and broadly described) in column 1 of that Part of that Schedule there shall be substituted the amount specified in column 4 of that Part of that Schedule.
(3) For the maximum term of imprisonment specified in column 3 of Part III of Schedule 8 to this Act that may be imposed under the enactments specified in column 2 of that Part of that Schedule on conviction on indictment, or on conviction on indictment or summary conviction, of the offences mentioned (and broadly described) in column 1 of that Part of that Schedule there shall be substituted the maximum term of imprisonment specified in column 4 of that Part of that Schedule.
(4) Any reference in column 2 of Part II of Schedule 8 to this Act to a numbered column of Schedule 4 to the Misuse of Drugs Act 1971 is a reference to the column of that number construed with section 25(2)(b) of that Act.
(5) Any reference in column 2 of Part III of Schedule 8 to this Act—
(a) to a numbered column of Schedule 6 to the Firearms Act 1968 is a reference to the column of that number construed with section 51(2)(b) of that Act; or
(b) to a numbered column of Schedule 2 to the Firearms (Northern Ireland) Order 1981 is a reference to the column of that number construed with Article 52(2)(b) of that Order.
(6) Section 143 of the Magistrates’ Courts Act 1980 (power of Secretary of State by order to alter sums specified in certain provisions) shall have effect with the insertion, in subsection (2), after paragraph (p), of the following paragraph—
(q) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.
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(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Article 17 of the Fines and Penalties (Northern Ireland) Order 1984 (power of Secretary of State by order to alter sums specified in certain provisions of the law of Northern Ireland) shall have effect with the insertion, in paragraph (2), after sub-paragraph (j) of the following sub-paragraph—
(k) column 5 or 6 of Schedule 4 to the Misuse of Drugs Act 1971 so far as the column in question relates to the offences under provisions of that Act specified in column 1 of that Schedule in respect of which the maximum fines were increased by Part II of Schedule 8 to the Criminal Justice and Public Order Act 1994.
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(9) Subsections (1), (2) and (3) above do not apply to an offence committed before this section comes into force.
160 Extension of powers, etc., of constables to United Kingdom waters.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Section 17 of the Police (Scotland) Act 1967 (general functions and jurisdiction of constables) shall be amended as follows—
(a) in subsection (4), after the word “Scotland” there shall be inserted the words “ and (without prejudice to section 1(2) of this Act) the adjacent United Kingdom waters ”; and
(b) after subsection (7) there shall be inserted the following subsection—
(7A) In this section—
“powers” includes powers under any enactment, whenever passed or made;
“United Kingdom waters” means the sea and other waters within the seaward limits of the territorial sea;
and this section, so far as it relates to powers under any enactment, makes them exercisable throughout those waters whether or not the enactment applies to those waters apart from this provision.
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162 Access to computer material by constables and other enforcement officers.
(1) In section 10 of the Computer Misuse Act 1990 (offence of unauthorised access not to apply to exercise of law enforcement powers), after paragraph (b), there shall be inserted the following words—
and nothing designed to indicate a withholding of consent to access to any program or data from persons as enforcement officers shall have effect to make access unauthorised for the purposes of the said section 1(1).
In this section “enforcement officer” means a constable or other person charged with the duty of investigating offences; and withholding consent from a person “as” an enforcement officer of any description includes the operation, by the person entitled to control access, of rules whereby enforcement officers of that description are, as such, disqualified from membership of a class of persons who are authorised to have access.
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(2) In section 17(5) of that Act (when access is unauthorised), after paragraph (b), there shall be inserted the following words— “ but this subsection is subject to section 10. ”.
163 Local authority powers to provide closed-circuit television.
(1) Without prejudice to any power which they may exercise for those purposes under any other enactment, a local authority may take such of the following steps as they consider will, in relation to their area, promote the prevention of crime or the welfare of the victims of crime—
(a) providing apparatus for recording visual images of events occurring on any land in their area;
(b) providing within their area an electronic communications service which is distributed—
(i) only to persons on a single set of premises; and
(ii) by an electronic communications network which is wholly within those premises and is not connected to an electronic communications network any part of which is outside those premises;
(c) arranging for the provision of any other description of electronic communications network or electronic communications service within their area or between any land in their area and any building occupied by a public authority.
(2) Any power to provide, or to arrange for the provision of, any apparatus includes power to maintain, or operate, or, as the case may be, to arrange for the maintenance or operation of, that apparatus.
(3) Before taking such a step under this section, a local authority shall consult the chief officer of police for the police area or, in Scotland, the local commander designated for the local authority’s area in which the step is to be taken.
(3A) For the purposes of subsection (1)(b)—
(a) a set of premises is a single set of premises if, and only if, the same person is the occupier of all the premises; and
(b) two or more vehicles are capable of constituting a single set of premises if, and only if, they are coupled together.
(4) In this section—
...
“local authority”—
in England, means a county council or district council;
in Wales, means a county council or county borough council; and
in Scotland, has the meaning given by section 235(1) of the Local Government (Scotland) Act 1973; and
“local commander” has the meaning given by section 44 of the Police and Fire Reform (Scotland) Act 2012 (asp 8);
“premises” includes a vehicle; and
“ vehicle ” includes a vessel, aircraft or hovercraft.
(5) Until 1st April 1996, in this section “local authority” means, in Wales, a county council or district council.
164 Extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Section 2 of the Criminal Justice Act 1987 (investigative powers of Director of Serious Fraud Office) shall be amended as follows—
(a) in subsection (1), for the words from “the Attorney-General” to “the request” there shall be substituted “ an authority entitled to make such a request ”;
(b) after subsection (1), there shall be inserted the following subsections—
(1A) The authorities entitled to request the Director to exercise his powers under this section are—
(a) the Attorney-General of the Isle of Man, Jersey or Guernsey, acting under legislation corresponding to section 1 of this Act and having effect in the Island whose Attorney-General makes the request; and
(b) the Secretary of State acting under section 4(2A) of the Criminal Justice (International Co-operation) Act 1990, in response to a request received by him from an overseas court, tribunal or authority (an “overseas authority”).
(1B) The Director shall not exercise his powers on a request from the Secretary of State acting in response to a request received from an overseas authority within subsection (1A)(b) above unless it appears to the Director on reasonable grounds that the offence in respect of which he has been requested to obtain evidence involves serious or complex fraud.
;
(c) after subsection (8), there shall be inserted the following subsections—
(8A) Any evidence obtained by the Director for use by an overseas authority shall be furnished by him to the Secretary of State for transmission to the overseas authority which requested it.
(8B) If in order to comply with the request of the overseas authority it is necessary for any evidence obtained by the Director to be accompanied by any certificate, affidavit or other verifying document, the Director shall also furnish for transmission such document of that nature as may be specified by the Secretary of State when asking the Director to obtain the evidence.
(8C) Where any evidence obtained by the Director for use by an overseas authority consists of a document the original or a copy shall be transmitted, and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the request of the overseas authority.
; and
(d) in subsection (18), at the end, there shall be inserted the words “; and “evidence” (in relation to subsections (1A)(b), (8A), (8B) and (8C) above) includes documents and other articles.”.
(3) In section 51(1) of the Criminal Justice (Scotland) Act 1987 (investigative powers of Lord Advocate as respects serious or complex fraud), at the end there shall be added “; and he may also give such a direction by virtue of section 4(2B) of the Criminal Justice (International Co-operation) Act 1990 or on a request being made to him by the Attorney-General of the Isle of Man, Jersey or Guernsey acting under legislation corresponding to this section and sections 52 to 54 of this Act.”.
(4) In section 52 of the Criminal Justice (Scotland) Act 1987 (investigation by nominated officer)—
(a) after subsection (7) there shall be inserted—
(7A) Any evidence obtained by the Lord Advocate by virtue of section 4(2B) of the Criminal Justice (International Co-operation) Act 1990 shall be furnished by him to the Secretary of State for transmission to the overseas authority in compliance with whose request (in the following subsections referred to as the “relevant request”) it was so obtained.
(7B) If, in order to comply with the relevant request it is necessary for that evidence to be accompanied by any certificate, affidavit or other verifying document, the Lord Advocate shall also furnish for transmission such document of that nature as appears to him to be appropriate.
(7C) Where any evidence obtained by virtue of the said section 4(2B) consists of a document, the original or a copy shall be transmitted and where it consists of any other article the article itself or a description, photograph or other representation of it shall be transmitted, as may be necessary in order to comply with the relevant request.
; and
(b) in subsection (8), after the definition of “documents” there shall be inserted—
“evidence”, in relation to a relevant request, includes documents and other articles;
.
165 Enforcement of certain offences relating to copyright and illicit recordings.
(1) The Copyright, Designs and Patents Act 1988 shall be amended as follows.
(2) After section 107 (offences relating to copyright) there shall be inserted the following section—
Enforcement by local weights and measures authority.
107A (1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 107.
(2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section by such an authority as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized).
(3) Subsection (1) above does not apply in relation to the enforcement of section 107 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.
For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
(4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 107 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.
(5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.
.
(3) After section 198 (offences relating to illicit recordings) there shall be inserted the following section—
Enforcement by local weights and measures authority.
198A (1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 198.
(2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section by such an authority as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized).
(3) Subsection (1) above does not apply in relation to the enforcement of section 198 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.
For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
(4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 198 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.
(5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.
.
(1) It is an offence for an unauthorised person to—
(a) sell a ticket for a designated football match, or
(b) otherwise to dispose of such a ticket to another person.
(2) For this purpose—
(a) a person is “unauthorised” unless he is authorised in writing to sell or otherwise dispose of tickets for the match . . . by the organisers of the match;
(aa) a reference to selling a ticket includes a reference to—
(i) offering to sell a ticket;
(ii) exposing a ticket for sale;
(iii) making a ticket available for sale by another;
(iv) advertising that a ticket is available for purchase; and
(v) giving a ticket to a person who pays or agrees to pay for some other goods or services or offering to do so.
(b) a “ticket” means anything which purports to be a ticket; and
(c) a “designated football match” means a football match of a description, or a particular football match, for the time being designated for the purposes of this section by order made by the Secretary of State.
(2A) An order under subsection (2)(c) may designate descriptions of football matches wherever played or when played at descriptions of ground or in any area specified in the order.
(2B) The power of the Secretary of State to make an order under subsection (2)(c) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Section 32 of the Police and Criminal Evidence Act 1984 (search of persons and premises (including vehicles) upon arrest) shall have effect, in its application in relation to an offence under this section, as if the power conferred on a constable to enter and search any vehicle extended to any vehicle which the constable has reasonable grounds for believing was being used for any purpose connected with the offence.
(6) The Secretary of State may by order made by statutory instrument apply this section, with such modifications as he thinks fit, to such sporting event or category of sporting event for which 6,000 or more tickets are issued for sale as he thinks fit.
(7) An order under subsection (6) above may provide that—
(a) a certificate (a “ticket sale certificate”) signed by a duly authorised officer certifying that 6,000 or more tickets were issued for sale for a sporting event is conclusive evidence of that fact;
(b) an officer is duly authorised if he is authorised in writing to sign a ticket sale certificate by . . . the organisers of the sporting event; and
(c) a document purporting to be a ticket sale certificate shall be received in evidence and deemed to be such a certificate unless the contrary is proved.
(8) Where an order has been made under subsection (6) above, this section also applies, with any modifications made by the order, to any part of the sporting event specified or described in the order, provided that 6,000 or more tickets are issued for sale for the day on which that part of the event takes place.
166A Supplementary provision relating to sale and disposal of tickets on internet
(1) Nothing in section 166 makes it an offence for a service provider established outside of the United Kingdom to do anything in the course of providing information society services.
(2) If—
(a) a service provider established in the United Kingdom does anything in an EEA State other than the United Kingdom in the course of providing information society services, and
(b) the action, if done in England and Wales, would constitute an offence falling within section 166(1),
the service provider shall be guilty in England and Wales of an offence under that section.
(3) A service provider is not capable of being guilty of an offence under section 166 in respect of anything done in the course of providing so much of an information society service as consists in—
(a) the transmission in a communication network of information falling within subsection (4), or
(b) the storage of information provided by a recipient of the service,
except where subsection (5) applies.
(4) Information falls within this subsection if—
(a) it is provided by a recipient of the service; and
(b) it is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.
(5) This subsection applies at any time in relation to information if—
(a) the service provider knew when that information was provided that it contained material contravening section 166; or
(b) that information is stored at that time (whether as mentioned in subsection (3)(b) or (4)) in consequence of the service provider's failure expeditiously to remove the information, or to disable access to it, upon obtaining actual knowledge that the information contained material contravening section 166.
(6) In this section—
“the Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
“information society services”—
has the meaning set out in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of 20 July 1998); and
is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“EEA State” means a state which is for the time being a member State, Norway, Iceland or Liechtenstein;
“recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
“service provider” means any person providing an information society service.
(1) Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.
(2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection.
(3) No offence is committed under this section where soliciting persons to hire licensed taxis is permitted by a scheme under section 10 of the Transport Act 1985 (schemes for shared taxis) whether or not supplemented by provision made under section 13 of that Act (modifications of the taxi code).
(4) It is a defence for the accused to show that he was soliciting for passengers to be carried at separate fares by public service vehicles on behalf of the holder of a PSV operator’s licence for those vehicles whose authority he had at the time of the alleged offence.
(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6) In this section—
“public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise); and
“public service vehicle” and “PSV operator’s licence” have the same meaning as in Part II of the Public Passenger Vehicles Act 1981.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
168 Minor and consequential amendments and repeals.
(1) The enactments mentioned in Schedule 9 to this Act shall have effect with the amendments there specified (being minor amendments).
(2) The enactments mentioned in Schedule 10 to this Act shall have effect with the amendments there specified (amendments consequential on the foregoing provisions of this Act).
(3) The enactments mentioned in Schedule 11 to this Act (which include enactments which are spent) are repealed or revoked to the extent specified in the third column of that Schedule.
169 Power of Secretary of State to make payments or grants in relation to crime prevention, etc.
(1) The Secretary of State may, with the consent of the Treasury—
(a) make such payments, or
(b) pay such grants, to such persons,
as he considers appropriate in connection with measures intended to prevent crime or reduce the fear of crime.
(2) Any grant under subsection (1)(b) above may be made subject to such conditions as the Secretary of State may, with the agreement of the Treasury, see fit to impose.
(3) Payments under this section shall be made out of money provided by Parliament.
(1) The Secretary of State may, with the consent of the Treasury, pay grants towards expenditure incurred by a qualifying registered political party, or by a person acting for a qualifying political party, on measures to which this section applies.
(2) This section applies to measures which are—
(a) taken for the protection of persons or property in connection with a conference held in Great Britain for the purposes of the party, and
(b) certified by a chief officer of police as having been appropriate.
(3) A political party is a qualifying registered political partyfor the purposes of this section if, at the last general election before the expenditure was incurred,—
(a) at least two members of the party were elected to the House of Commons, or
(b) one member of the party was elected to the House of Commons and not less than 150,000 votes were given to candidates who were members of the party.
(4) Payments under this section shall be made out of money provided by Parliament.
(5) In this section “registered political party” means a party registered under the Political Parties, Elections and Referendums Act 2000.
There shall be paid out of money provided by Parliament—
(a) any sums required by the Secretary of State for making payments under contracts entered into under or by virtue of sections 2, 3, 7, 11, 96, 99, 100, 102(4), 106(1), 112(1) or 118(3) or paragraph 1 of Schedule 1;
(b) any administrative expenses incurred by the Secretary of State; and
(c) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1) This Act may be cited as the Criminal Justice and Public Order Act 1994.
(2) With the exception of section 82 and subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State or, in the case of sections 52 and 53, the Lord Chancellor may appoint by order made by statutory instrument, and different days may be appointed for different provisions or different purposes.
(3) Any order under subsection (2) above may make such transitional provisions and savings as appear to the authority making the order necessary or expedient in connection with any provision brought into force by the order.
(4) The following provisions and their related amendments, repeals and revocations shall come into force on the passing of this Act, namely sections 5 to 15 (and Schedules 1 and 2), 61, 63, 65, 68 to 71, 77 to 80, 81, 83, 90, Chapters I and IV of Part VIII, sections 142 to 148, 150, 158(1), (3) and (4), 166, 167, 171, paragraph 46 of Schedule 9 and this section.
(5) No order shall be made under subsection (6) of section 166 above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(6) For the purposes of subsection (4) above—
(a) the following are the amendments related to the provisions specified in that subsection, namely, in Schedule 10, paragraphs 26, 35, 36, 59, 60 and 63(1), (3), (4) and (5);
(b) the repeals and revocations related to the provisions specified in that subsection are those specified in the Note at the end of Schedule 11.
(7) Except as regards any provisions applied under section 39 and subject to the following provisions, this Act extends to England and Wales only.
(8) Sections 47(3), 49, 60 to 67, 70, 71, 81, 82, 146(4), 157(1), 163, 169 and 170 also extend to Scotland.
(9) Section 83(1) extends to England and Wales and Northern Ireland.
(10) This section, sections 68, 69, 83(3) to (5), 88 to 92, 136 to 141, 156, 157(2), (3), (4), (5) and (9), 158, 159, 161, 162, 164, 165, 168, 171 and Chapter IV of Part VIII extend to the United Kingdom and sections 158 and 159 also extend to the Channel Islands and the Isle of Man.
(11) Sections 93, 95 and 101(8), so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.
(12) Sections 102(1) to (3), 104, 105 and 117, so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland, extend to that part of those Islands, but otherwise Chapter II of Part VIII extends to Scotland only.
(13) Sections 47(4), 83(2), 84(5) to (7), 87, Part IX, sections 145(2), 146(2), 148, 151(2), 152(2), 153, 157(7) and 160(2) extend to Scotland only.
(13A) Subject to subsection (14), Chapter 3 of Part 8 extends to Northern Ireland only.
(14) Sections 117A, 118, 120, 121 and 125, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside Northern Ireland, also extend to that part of those islands, except that section 117A does not extend to any part of those islands outside the United Kingdom.
(15) Sections 53, 84(8) to (11), 85(4) to (6), 86(2), 145(3), 147 and 157(8) extend to Northern Ireland only.
(16) Where any enactment is amended, repealed or revoked by Schedule 9, 10 or 11 to this Act the amendment, repeal or revocation has the same extent as that enactment; except that Schedules 9 and 11 do not extend to Scotland in so far as they relate to section 17(1) of the Video Recordings Act 1984.
Section 12.
Arrangements for the escort of persons detained in youth detention accommodation
1 (1) The Secretary of State may make arrangements for any of the following functions, namely—
(a) the delivery of detained persons from one set of relevant premises to another;
(b) the custody of detained persons held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;
(c) the custody of detained persons temporarily held in youth detention accommodation in the course of delivery from one such place of accommodation to another; and
(d) the custody of detained persons while they are outside a place of youth detention accommodation for temporary purposes,
to be performed in such cases as may be determined by or under the arrangements by custody officers who are authorised to perform such functions.
(2) In sub-paragraph (1)(a) above, “relevant premises” means a place of youth detention accommodation or a court , police station or hospital.
(3) Arrangements made by the Secretary of State under sub-paragraph (1) above (“escort arrangements”) may include entering into contracts with other persons for the provision by them of custody officers.
(4) Any person who, under a warrant or a hospital order or hospital remand is responsible for the performance of any such function as is mentioned in sub-paragraph (1) above shall be deemed to have complied with the warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a custody officer acting in pursuance of escort arrangements.
(5) In this paragraph—
“hospital” has the same meaning as in the Mental Health Act 1983;
“hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the Criminal Appeal Act 1968;
“hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;
“warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.
Monitoring etc. of escort arrangements
2 (1) Escort arrangements shall include the appointment of—
(a) an escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and
(b) a panel of lay observers whose duty it shall be to inspect the conditions in which detained persons are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.
(2) It shall also be the duty of an escort monitor to investigate and report to the Secretary of State on any allegations made against custody officers acting in pursuance of escort arrangements.
(3) Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.
Powers and duties of custody officers acting in pursuance of escort arrangements
3 (1) A custody officer acting in pursuance of escort arrangements shall have the following powers, namely—
(a) to search in accordance with rules made by the Secretary of State any detained person for whose delivery or custody he is responsible in pursuance of the arrangements; and
(b) to search any other person who is in or is seeking to enter any place where any such detained person is or is to be held, and any article in the possession of such a person.
(2) The powers conferred by sub-paragraph (1)(b) above to search a person shall not be construed as authorising a custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves.
(3) A custody officer shall have the following duties as respects detained persons for whose delivery or custody he is responsible in pursuance of escort arrangements, namely—
(a) to prevent their escape from lawful custody;
(b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;
(c) to ensure good order and discipline on their part;
(d) to attend to their wellbeing; and
(e) to give effect to any directions as to their treatment which are given by a court,
and the Secretary of State may make rules with respect to the performance by custody officers of their duty under (d) above.
(4) The powers conferred by sub-paragraph (1) above, and the powers arising by virtue of sub-paragraph (3) above, shall include power to use reasonable force where necessary.
(5) The power to make rules under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Interpretation
4 In this Schedule—
“detained person” means a person remanded or committed to accommodation which is youth detention accommodation or detained in any such accommodation pursuant to a sentence or order requiring the person to be detained;
“escort arrangements” has the meaning given by paragraph 1 above; . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 2 Certification of Custody Officers: England and Wales
Section 12.
Preliminary
1 In this Schedule—
“certificate” means a certificate under section 12(3) of this Act;
“the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.
Issue of certificates
2 (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him.
(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—
(a) is a fit and proper person to perform the relevant functions; and
(b) has received training to such standard as he may consider appropriate for the performance of those functions.
(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.
(4) A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.
Suspension of certificate
3 (1) This paragraph applies where at any time—
(a) in the case of a custody officer acting in pursuance of escort arrangements, it appears to the escort monitor that the officer is not a fit and proper person to perform escort functions;
(b) in the case of a custody officer performing custodial duties at a contracted out secure training centre, it appears to the monitorof the secure training centre that the officer is not a fit and proper person to perform custodial duties; or
(c) in the case of a custody officer performing contracted out functions at a directly managed secure training centre, it appears to the governor of that secure training centre that the officer is not a fit and proper person to perform custodial duties.
(2) The escort monitor , monitor or governor may—
(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and
(b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.
(3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Revocation of certificate
4 Where at any time it appears to the Secretary of State that a custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.
False statements
5 If any person, for the purpose of obtaining a certificate for himself or for any other person—
(a) makes a statement which he knows to be false in a material particular; or
(b) recklessly makes a statement which is false in a material particular,
he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Section 27.
Bail Act 1976
1 Section 5 of the Bail Act 1976 (supplementary provisions about decisions on bail) shall be amended as follows—
(a) in subsection (1)(d), after the words “a court” there shall be inserted the words “ or constable ”; and
(b) after subsection (10), there shall be inserted the following subsection—
(11) This section is subject, in its application to bail granted by a constable, to section 5A of this Act.
.
2 After section 5 of the Bail Act 1976 there shall be inserted the following section—
Supplementary provisions in cases of police bail.
5A (1) Section 5 of this Act applies, in relation to bail granted by a custody officer under Part IV of the Police and Criminal Evidence Act 1984 in cases where the normal powers to impose conditions of bail are available to him, subject to the following modifications.
(2) For subsection (3) substitute the following—
”(3) Where a custody officer, in relation to any person,—
(a) imposes conditions in granting bail in criminal proceedings, or
(b) varies any conditions of bail or imposes conditions in respect of bail in criminal proceedings,
the custody officer shall, with a view to enabling that person to consider requesting him or another custody officer, or making an application to a magistrates’ court, to vary the conditions, give reasons for imposing or varying the conditions.”.
(3) For subsection (4) substitute the following—
”(4) A custody officer who is by virtue of subsection (3) above required to give reasons for his decision shall include a note of those reasons in the custody record and shall give a copy of that note to the person in relation to whom the decision was taken.”.
(4) Subsections (5) and (6) shall be omitted.
.
Magistrates’ Courts Act 1980
3 After section 43A of the Magistrates’ Courts Act 1980 there shall be inserted the following section—
Power to grant bail where police bail has been granted.
43B (1) Where a custody officer—
(a) grants bail to any person under Part IV of the Police and Criminal Evidence Act 1984 in criminal proceedings and imposes conditions, or
(b) varies, in relation to any person, conditions of bail in criminal proceedings under section 3(8) of the Bail Act 1976,
a magistrates’ court may, on application by or on behalf of that person, grant bail or vary the conditions.
(2) On an application under subsection (1) the court, if it grants bail and imposes conditions or if it varies the conditions, may impose more onerous conditions.
(3) On determining an application under subsection (1) the court shall remand the applicant, in custody or on bail in accordance with the determination, and, where the court withholds bail or grants bail the grant of bail made by the custody officer shall lapse.
(4) In this section “bail in criminal proceedings” and “vary” have the same meanings as they have in the Bail Act 1976.
.