Serious Crime Bill [Lords]

With this it will be convenient to discuss the following: New clause 8—Stop and Search Power ‘(1) If a police officer of or above the rank of sergeant reasonably believes— (a) that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence, or (b) that persons are carrying offensive weapons or dangerous instruments without good reason in any locality in his police area, he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding— (c) 6 hours in the case of an officer of the rank of sergeant; and (d) 24 hours in the case of an officer of the rank of inspector or above. (2) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to— (a) the need to prevent injury or loss of life; (b) offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation; and (c) all relevant information giving rise to the belief of the relevant police officer specified in subsection (1), he may direct that the specified period during which the authorisation conferred under subsection (1) shall be extended to a period not exceeding a maximum of 48 hours. (3) If a police officer gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed. (4) This section confers on any constable in uniform power— (a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments; (b) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments. (5) A constable may, in the exercise of the powers conferred by subsection (4) stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind. (6) If, in the course of a search under this section, a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it. (7) A person who fails to stop, or to stop a vehicle, when required to do so by a constable in the exercise of his powers under this section shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (8) Any authorisation under this section shall— (a) be given in writing signed by the officer giving it or, where that is not practicable, recorded in writing as soon as it is practicable to do so, and (b) specify— (i) the grounds on which it is given, (ii) the period during which the powers conferred by this section are exercisable, and (iii) the locality in which the powers conferred by this section are exercisable. (9) The provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if the references to a locality in his police area were references to any locality in or in the vicinity of any policed premises, or to the whole or any part of any such premises. (10) Where a vehicle is stopped by a constable under this section, the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this section if he applies for such a statement not later than the end of the period of 12 months from the day on which the vehicle was stopped. (11) A person who is searched by a constable under this section shall be entitled to obtain a written statement that he was searched under the powers conferred by this section if he applies for such a statement not later than the end of the period of 12 months from the day on which he was searched. (12) Where a constable has carried out a search in the exercise of the power under subsection (4) he shall make a record of it in writing unless it is not practicable to do so in which case he shall make such written record as soon as practicable after the completion of the search. (13) Section 60 of the Criminal Justice and Public Order Act 1994 is hereby repealed. (14) In this section— ““British Transport Police Force”” means the constables appointed under section 53 of the British Transport Commission Act 1949; ““dangerous instruments”” means instruments which have a blade or are sharply pointed; ““locality”” means any place or area which at the time the authorisation under this section is given the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission or any other place to which people have ready access which is not a dwelling; ““offensive weapon”” has the meaning given by section 1(9) of the Police and Criminal Evidence Act 1984 or, in relation to Scotland, section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 1995; and ““policed premises””, in relation to England and Wales, has the meaning given by section 53(3) of the British Transport Commission Act 1949 and, in relation to Scotland, means those places where members of the British Transport Police Force have the powers, protection and privileges of a constable under section 53(4)(a) of that Act (as it relates to Scotland). (15) For the purposes of this section, a person carries a dangerous instrument or an offensive weapon if he has it in his possession. (16) The powers conferred by this section are in addition to and not in derogation of, any power otherwise conferred.’. Government amendments Nos. 85 and 86.