UK Parliament / Open data

Violent Crime Reduction Bill

The Minister will not be surprised to hear that I am profoundly disappointed by his response. There are, of course, powers under the Public Order Act for police officers to intervene if they feel that a breach of the peace is likely to happen. They can arrest a person for conduct that is likely to cause a breach of the peace and take him before the magistrates’ court. Under the Bill, instead of arresting the person, the policeman gives him a piece of paper and arrests him only if he comes back into the area. The Minister said that there is a power in the magistrates’ court to challenge the giving of the piece of paper. However, nothing in the Bill says that. I do not see how you can read it in, unless there is some profound legal argument about the standing of the police constable or something of that nature. The offence is failing to obey a direction given to the individual by the policeman. If the person fails to do that, that is it. It is a matter of going for judicial review if the person feels aggrieved on the ground that he has done nothing. Here we have another example of authoritarian legislation limiting the rights of the citizen and enabling the police to push people around and to move them on. We do not accept that. For the moment I shall withdraw the amendment, but I shall come back to it. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 110 to 114 not moved.] Clause 22 agreed to.

About this proceeding contribution

Reference

682 c322-3 

Session

2005-06

Chamber / Committee

House of Lords chamber
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