Violent Crime Reduction Bill

moved Amendment No. 164A:"After Clause 50, insert the following new clause—" ““POWER OF ENTRY AND SEARCH OF RELEVANT OFFENDER’S HOME ADDRESS (1)   Before section 97 of the Sexual Offences Act 2003 (c. 42) insert— ““Entry and search of home address 96B POWER OF ENTRY AND SEARCH OF RELEVANT OFFENDER’S HOME ADDRESS (1)   If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force— (a)   to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and (b)   to search the premises for that purpose. (2)   The requirements are— (a)   that the address of each set of premises specified in the application is an address falling within subsection (3); (b)   that the relevant offender is not one to whom subsection (4) applies; (c)   that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and (d)   that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose. (3)   An address falls within this subsection if— (a)   it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or (b)   there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there. (4)   This subsection applies to a relevant offender if he is— (a)   remanded or committed to custody by order of a court; (b)   serving a sentence of imprisonment or a term of service detention; (c)   detained in a hospital; or (d)   outside the United Kingdom. (5)   A warrant issued under this section must specify the one or more sets of premises to which it relates. (6)   The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises. (7)   The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a). (8)   Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum. (9)   In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender— (a)   who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or (b)   in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there. (10)   In this section— ‘the relevant force’ means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated; ‘senior police officer’ means a constable of the rank of superintendent or above.”””” (2)   In section 136 of that Act (application of Part 2 to Northern Ireland), after subsection (7) insert— ““(7A)   References to a justice of the peace are to be read as references to a lay magistrate.”” The noble Lord said: Part 2 of the Sexual Offences Act 2003 re-enacted with considerable amendments the notification requirements on offenders convicted or cautioned for sexual offences, now commonly referred to as the sex offenders register. The notification requirements have proved to be an invaluable tool for gathering information that enables the police to monitor sex offenders and to assess the risks they pose to the community, as they are required to by the Criminal Justice Act 2003. However, we are now of the view that further powers are required to enable the police to gather all the information they need about a small but, it has to be said, determined group of offenders who, while in apparent compliance with the notification requirements, do all they can to frustrate the risk assessment process. This amendment will allow the police to seek a warrant from the magistrates’ court to enter and search, by force if necessary, the premises of such people, be they the last home address they notified to the police in accordance with the notification requirements or other premises where there are reasonable grounds to believe they are residing or are to be regularly found, to ensure they have all the information that they require. I am aware that we have previously resisted efforts to introduce a similar power. In doing so, we took the view—one supported at the time by the Association of Chief Police Officers—that the power was unnecessary. But we have kept our position under review, and we are now persuaded that the measure is necessary. In reaching that decision, we have listened carefully to the views of those, such as the police, who are engaged in managing the risks posed by offenders. We have also followed events in Scotland closely, and I know that the Parliament there is seeking for their police a similar power, as tabled in the Police, Public Order and Criminal Justice (Scotland) Bill, following Professor Irving’s recommendation in his report on managing offenders, which was commissioned as a result of the tragic murder of an eight year-old boy by a registered sex offender in 2004. It may be helpful if I give noble Lords an example of the problem that we seek to address. Mr X was considered by the police to be a medium-risk offender. None the less, he hampered their efforts to confirm his place of residence or perform other duties that might assist the risk assessment process. In doing so, he was aware that the police had no power to demand entry to his premises. On two occasions, the police monitored the address, and, while they discovered he was at his registered address for very limited periods, there was insufficient evidence that he was in breach of the notification requirements. Therefore, the police did not have reasonable grounds for entering or searching his property using their powers under the Police and Criminal Evidence Act 1984. Subsequently, further information was received that he had been seen with a five year-old. The police attended his address and, using powers of entry and search to find the child, discovered that the offender was in possession of a computer. Despite the fact that he had denied any relationship with a child, there were lollipops, sweets and a child’s bike on the premises. That information would have benefited the police in their management of the offender, had they had it much sooner. The fact that he had access to the internet and was keeping objects clearly intended to appeal to children significantly increased the risk he posed and therefore the management that he required. That is an example of how this power of entry and search to assess risk should assist the police in better management of offenders by providing them with the best information available. With the information they gather, the police may decide to apply for preventative orders, which place prohibitions on the offender, and may disclose information to schools in the vicinity of which the individual is residing. PACE affords the police some powers of search and entry in relation to those on the sex offenders register, but clearly there are some gaps; namely, the inability to enter and search in circumstances which fall short of arousing a suspicion that an offence—either failure to comply with notification requirements or a substantive sexual offence—has been committed. The amendment seeks to fill those gaps. This is not a blanket power to enter the homes of registered sex offenders. The amendment states that the police will require a warrant, issued by a magistrate, to enter an offender’s home and that an application must be made by a senior police officer, not below the rank of superintendent. In addition, a constable must have sought entry to the premises and been denied on at least two previous occasions. This will ensure that the power is used only in appropriate cases and against those offenders who, by their very actions, have displayed unwillingness to co-operate with the authorities. I beg to move. On Question, amendment agreed to.