UK Parliament / Open data

Policing and Crime Bill

Moved by

Baroness Williams of Trafford

201T: Before Schedule 15, insert the following new Schedule—

“SCHEDULE 14A

SCHEDULE TO BE INSERTED AS SCHEDULE 7A TO THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994

“OFFENCES SPECIFIED FOR THE PURPOSES OF SECTION 137A

PART 1

OFFENCES UNDER THE LAW OF ENGLAND AND WALES

1_ Any of the following offences at common law—

(a) false imprisonment;

(b) kidnapping;

(c) indecent exposure;

(d) cheating in relation to the public revenue.

2_ An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 20 (inflicting bodily injury);

(b) section 24 (administering poison etc with intent);

(c) section 27 (exposing child whereby life is endangered etc);

(d) section 31 (setting spring-guns etc with intent);

(e) section 37 (assaulting an officer etc on account of his preserving wreck);

(f) section 47 (assault occasioning actual bodily harm).

3_(1) An offence under any of the following provisions of the Sexual Offences Act 1956—

(a) section 10 (incest by a man);

(b) section 11 (incest by a woman);

(c) section 30 (man living on the earnings of prostitution);

(d) section 31 (woman exercising control over a prostitute);

(e) section 33A (keeping a brothel used for prostitution).

_(2) An offence under section 12 of that Act (buggery), other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over.

_(3) An offence under section 13 of that Act (indecency between men), where the offence was committed by a man aged 21 or over and the other person involved in the conduct constituting the offence was under the age of 16.

4_ An offence under section 4 of the Criminal Law Act 1967 (assisting offenders).

5_ An offence under section 5 of the Sexual Offences Act 1967 (living on the earnings of male prostitution).

6_ An offence under any of the following provisions of the Firearms Act 1968—

(a) section 1(1) (possession etc of firearms or ammunition without certificate);

(b) section 2(1) (possession etc of shot gun without certificate);

(c) section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).

7_ An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

8_(1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section.

_(2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods).

_(3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.

9_ An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).

10_ An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

11_ An offence under either of the following provisions of the Child Abduction Act 1984—

(a) section 1 (abduction of child by parent etc);

(b) section 2 (abduction of child by other persons).

12_ An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

13_ An offence under either of the following provisions of the Public Order Act 1986—

(a) section 2 (violent disorder);

(b) section 3 (affray).

14_ An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

15_ An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).

16_ An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VAT etc).

17_ An offence under either of the following provisions of the Protection from Harassment Act 1997—

(a) section 4 (putting people in fear of violence);

(b) section 4A (stalking involving fear of violence or serious alarm or distress).

18_ An offence under section 29(1)(a) or (b) of the Crime and Disorder Act 1998 (certain racially or religiously aggravated assaults).

19_ An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).

20_ An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (sexual activity with a person aged under 18 in abuse of a position of trust).

21_ An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

22_(1) An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) section 13 (child sex offences committed by children or young persons);

(b) section 16 (abuse of position of trust: sexual activity with a child);

(c) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(d) section 18 (abuse of position of trust: sexual activity in the presence of a child);

(e) section 19 (abuse of position of trust: causing a child to watch a sexual act);

(f) section 40 (care workers: sexual activity in the presence of a person with a mental disorder);

(g) section 41 (care workers: causing a person with a mental disorder to watch a sexual act);

(h) section 52 (causing or inciting prostitution for gain);

(i) section 53 (controlling prostitution for gain).

_(2) An offence under section 25 or 26 of that Act (family child sex offences) where the offence is committed by a person under the age of 18.

_(3) An offence under section 47 of that Act (paying for sexual services of a child), where the offence is committed against a person aged 16 or over.

23_ An offence under either of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications).

24_ An offence under section 45 of the Serious Crime Act 2015 (participating in activities of organised crime group).

25_ An offence under section 67 of the Policing and Crime Act 2016 (breach of pre-charge bail conditions relating to travel).

PART 2

OFFENCES UNDER THE LAW OF SCOTLAND

26_ Any of the following offences at common law—

(a) culpable homicide;

(b) treason;

(c) rape;

(d) assault, where the assault results in serious injury or endangers life;

(e) assault with intent to rape or ravish;

(f) indecent assault;

(g) abduction with intent to rape;

(h) public indecency;

(i) clandestine injury to women;

(j) lewd, indecent or libidinous behaviour or practices;

(k) sodomy, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;

(l) abduction;

(m) mobbing;

(n) fire-raising;

(o) robbery;

(p) fraud;

(q) extortion;

(r) embezzlement;

(s) theft;

(t) threats;

(u) attempting to pervert the course of justice.

27_ An offence under any of the following provisions of the Firearms Act 1968—

(a) section 1(1) (possession etc of firearms or ammunition without certificate);

(b) section 2(1) (possession etc of shot gun without certificate);

(c) section 3(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).

28_ An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

29_(1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section.

_(2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods).

_(3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.

30_ An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).

31_ An offence under either of the following provisions of the Civic Government (Scotland) Act 1982—

(a) section 51(2) (publication etc of obscene material);

(b) section 52 (taking, distributing etc indecent photographs of children).

32_ An offence under section 6 of the Child Abduction Act 1984 (parent etc. taking or sending a child out of the United Kingdom).

33_ An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

34_ An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).

35_ An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VAT etc).

36_ An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a) section 7 (procuring prostitution etc);

(b) section 8(3) (unlawful detention of women and girls);

(c) section 10 (parents etc encouraging girls under 16 to engage in prostitution etc);

(d) section 11(1)(b) (males soliciting etc for immoral purposes).

37_ An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).

38_ An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

39_ An offence under section 313 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (persons providing care services: sexual offences).

40_ An offence under either of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications).

41_ Any of the following offences under the Sexual Offences (Scotland) Act 2009—

(a) section 8 (sexual exposure);

(b) section 9 (voyeurism);

(c) section 11 (administering a substance for sexual purposes);

(d) section 32 (causing an older child to be present during a sexual activity);

(e) section 33 (causing an older child to look at a sexual image);

(f) section 34(1) (communicating indecently with an older child);

(g) section 34(2) (causing an older child to see or hear an indecent communication);

(h) section 35 (sexual exposure to an older child);

(i) section 36 (voyeurism towards an older child);

(j) section 42 (sexual abuse of trust);

(k) section 46 (sexual abuse of trust of a mentally disordered person).

42_ An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a) section 38 (threatening or abusive behaviour);

(b) section 39 (stalking).

43_ An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing etc an intimate photograph or film).

PART 3

OFFENCES UNDER THE LAW OF NORTHERN IRELAND

44_ Any of the following offences at common law—

(a) false imprisonment;

(b) kidnapping;

(c) riot;

(d) affray;

(e) indecent exposure;

(f) cheating in relation to the public revenue.

45_ An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 20 (inflicting bodily injury);

(b) section 24 (administering poison etc with intent);

(c) section 27 (exposing child whereby life is endangered etc);

(d) section 31 (setting spring-guns etc with intent);

(e) section 37 (assaulting an officer etc on account of his preserving wreck);

(f) section 47 (assault occasioning actual bodily harm).

46_ An offence under section 11 of the Criminal Law Amendment Act 1885 (indecency between men), where the offence was committed by a man aged 21 or over and the other person involved in the conduct constituting the offence was under the age of 16.

47_ An offence under either of the following provisions of the Punishment of Incest Act 1908—

(a) section 1 (incest by a man);

(b) section 2 (incest by a woman).

48_ An offence under section 4 of the Criminal Law Act (Northern Ireland) 1967 (assisting offenders).

49_ An offence under section 106A of the Taxes Management Act 1970 (fraudulent evasion of income tax).

50_(1) An offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation of goods), other than an offence mentioned in subsection (5B) of that section.

_(2) An offence under section 68(2) of that Act (exportation of prohibited or restricted goods).

_(3) An offence under section 170 of that Act (fraudulent evasion of duty etc), other than an offence mentioned in subsection (4B) of that section.

51_ An offence under section 4 of the Aviation Security Act 1982 (offences in relation to certain dangerous articles).

52_ An offence under Article 8 of the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19)) (living on the earnings of male prostitution).

53_ An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

54_ An offence under either of the following provisions of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638(N.I. 17))—

(a) Article 3 (abduction of child by parent etc);

(b) Article 4 (abduction of child by other persons).

55_ An offence under Article 121 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (ill-treatment of patients).

56_ An offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (possession of indecent photograph of a child).

57_ An offence under section 2 of the Computer Misuse Act 1990 (unauthorised access with intent to commit or facilitate commission of further offences).

58_ An offence under section 72(1), (3) or (8) of the Value Added Tax Act 1994 (fraudulent evasion of VAT etc).

59_ An offence under Article 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting people in fear of violence).

60_ An offence under section 38B of the Terrorism Act 2000 (information about acts of terrorism).

61_ An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (sexual activity with a person aged under 18 in abuse of a position of trust).

62_ An offence under section 35 of the Tax Credits Act 2002 (tax credit fraud).

63_ An offence under section 53 of the Sexual Offences Act 2003 (controlling prostitution for gain).

64_ An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I.3))—

(a) Article 3(1)(b) (possession etc of firearms other than handguns without certificate);

(b) Article 3(2) (possession etc of ammunition without certificate);

(c) Article 24(1) (manufacturing, selling etc firearms or ammunition by way of trade or business without being registered as a firearms dealer).

65_ An offence under either of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications).

66_(1) An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))—

(a) Article 20 (child sex offences committed by children or young persons);

(b) Article 23 (abuse of position of trust: sexual activity with a child);

(c) Article 24 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(d) Article 25 (abuse of position of trust: sexual activity in the presence of a child);

(e) Article 51 (care workers: sexual activity with a person with a mental disorder);

(f) Article 53 (care workers: sexual activity in the presence of a person with a mental disorder);

(g) Article 62 (causing or inciting prostitution for gain);

(h) Article 63 (controlling prostitution for gain);

(i) Article 64 (keeping a brothel used for prostitution).

_(2) An offence under Article 32 or 33 of that Order (family child sex offences) where the offence is committed by a person under the age of 18.

_(3) An offence under Article 37 of that Order (paying for sexual services of a child), where the offence is committed against a person aged 16 or over.

67_ An offence under section 67 of the Policing and Crime Act 2016 (breach of pre-charge bail conditions relating to travel).””

201U: Before Schedule 15, insert the following new Schedule—

“SCHEDULE 14B

SCHEDULE TO BE INSERTED AS SCHEDULE 7B TO THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994

“RIGHTS OF PERSONS ARRESTED UNDER SECTION 137A: MODIFICATIONS

PART 1

ARRESTS IN RESPECT OF OFFENCES COMMITTED IN ENGLAND AND WALES

1_(1) This Part sets out the modifications mentioned in section 137D(2), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in England and Wales.

_(2) Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force.

_(3) In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).

2_(1) Section 56 of the Police and Criminal Evidence Act 1984 (right to have someone informed when arrested) is modified as follows.

_(2) Subsection (1) is to be read as if (instead of referring to the case where a person has been arrested and is being held in custody in a police station or other premises) it referred to the case where a person has been arrested under section 137A and is being detained under section 137C.

_(3) Subsection (2)(a) does not apply.

_(4) Subsection (2)(b) is to be read as if (instead of referring to an officer of at least the rank of inspector) it referred—

(a) in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, to an officer of the investigating force of at least the rank of inspector;

(b) in relation to delay during any remaining period for which the person may be detained under section 137C, to an officer of the investigating force of a rank above that of inspector.

_(5) Subsection (3) does not apply.

_(6) The reference in subsection (5)(a) to an indictable offence is to be read as a reference to an offence that is an indictable offence under the law of England and Wales.

_(7) Subsection (5A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

_(8) Subsection (6)(b) is to be read as if (instead of referring to a person’s custody record) it referred to the record made by the arresting force in relation to the person’s arrest under section137A and detention under section 137C.

_(9) Subsection (8) is to be read as if (instead of referring to a person detained at a police station or other premises) it referred to a person detained under section 137C.

3_(1) Section 58 of the Police and Criminal Evidence Act 1984 (access to legal advice) is modified as follows.

_(2) Subsection (1) is to be read as if (instead of referring to a person held in custody in a police station or other premises) it referred to a person detained under section 137C.

_(3) Subsections (2) and (9)(b) are to be read as if (instead of referring to a person’s custody record) they referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

_(4) Subsections (3) and (5) do not apply.

_(5) Subsection (6)(a) does not apply.

_(6) The reference in subsection (6)(b) to an officer of at least the rank of superintendent is to be read as a reference to an officer of at least that rank in the investigating force.

_(7) The reference in subsection (8)(a) to an indictable offence is to be read as a reference to an indictable offence under the law of England and Wales.

_(8) Subsection (8A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

4_(1) Section 34 of the Children and Young Persons Act 1933 (attendance at court of parent of child or young person charged with an offence, etc) is modified as follows.

_(2) Subsection (2) is to be read as if (instead of referring to the case where a child or young person is in police detention) it referred to the case where a child or young person is being detained under section 137C.

_(3) Subsection (3) is to be read as if (in addition to the information mentioned in paragraphs (a) to (c)) it also mentioned the information set out in section 137D(1)(a) and (b).

_(4) The reference in subsection (9) to a child’s or young person’s rights under section 56 of the Police and Criminal Evidence Act 1984 is to be read as a reference to that section as modified by this Schedule.

PART 2

ARRESTS IN RESPECT OF OFFENCES COMMITTED IN SCOTLAND

5_(1) This Part sets out the modifications mentioned in section 137D(3), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in Scotland.

_(2) Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force.

_(3) A reference to a person in police custody in any of those provisions is to be read as a reference to a person detained under section 137C.

_(4) In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).

6_(1) Section 38 of the Criminal Justice (Scotland) Act 2016 (right to have intimation sent to other person) is modified as follows.

_(2) Subsection (6) applies as if (instead of the provision made by that subsection) it defined “an appropriate constable” as being—

(a) in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector;

(b) in relation to delay during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector.

7_(1) Section 40 of that Act (right of under 18s to have access to another person) is modified as follows.

_(2) Subsection (5) applies as if (instead of the provision made by that subsection) it provided for a decision to refuse or restrict access to a person under subsection (1) or (2) to be taken only by—

(a) in the case of a decision to refuse or restrict access during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector;

(b) in the case of a decision to refuse or restrict access during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector.

8_(1) Section 41 of that Act (social work involvement in relation to under 18s) is modified as follows.

_(2) Subsection (6) applies as if (instead of the provision made by that subsection) it provided for a decision to refuse or restrict access to a person under subsection (4)(b) to be taken only by—

(a) in the case of a decision to refuse or restrict access during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector;

(b) in the case of a decision to refuse or restrict access during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector.

9_(1) Section 42 of that Act (support for vulnerable persons) is modified as follows.

_(2) Subsection (5)(b)(ii) is to be read as if (instead of referring to a person appointed as a member of police staff under section 26(1) of the Police and Fire Reform (Scotland) Act 2012) it referred to a person who performs a function which is equivalent to a function performed at a police station in Scotland by a person appointed as a member of police staff under section 26(1) of that Act.

10_(1) Section 43 of that Act (right to have intimation sent to solicitor) is modified as follows.

_(2) Subsection (1) is to be read as if the list of matters of which a person has a right to have intimation sent to a solicitor—

(a) did not include paragraph (d), but

(b) did include the matters mentioned in section 137D(1)(a) and (b).

11_(1) Section 44 of that Act (right to consultation with solicitor) is modified as follows.

_(2) Subsection (3) applies as if (instead of the provision made by that subsection) it provided for a decision to delay the exercise of the right under subsection (1) to be taken only by—

(a) in the case of a delay during the period of 24 hours beginning with the time of the arrest under section 137A, an officer of the investigating force of at least the rank of inspector;

(b) in the case of a delay during any remaining period for which a person may be detained under section 137C, an officer of the investigating force of a rank above that of inspector.

12_(1) Section 51 of that Act (duty to consider child’s wellbeing) is modified as follows.

_(2) Subsection (1) is to be read as if it did not include paragraphs (a), (c) and (d).

PART 3

ARRESTS IN RESPECT OF OFFENCES COMMITTED IN NORTHERN IRELAND

13_(1) This Part sets out the modifications mentioned in section 137D(4), that is, modifications of the provisions which apply in relation to persons arrested under section 137A in respect of a specified offence committed in Northern Ireland.

_(2) Except as expressly provided by this Part, a reference to a constable in any of those provisions is to be read as a reference to a constable of the arresting force.

_(3) In this Part, references to the arresting force and the investigating force have the same meaning as in section 137C (see subsection (8) of that section).

14_(1) Article 57 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (right to have someone informed when arrested) is modified as follows.

_(2) Paragraph (1) is to be read as if (instead of referring to the case where a person has been arrested and is being held in custody in a police station or other premises) it referred to the case where a person has been arrested under section 137A and is being detained under section 137C.

_(3) Paragraph (2)(a) does not apply.

_(4) Paragraph (2)(b) is to be read as if (instead of referring to an officer of at least the rank of inspector) it referred—

(a) in relation to delay during the period of 24 hours beginning with the time of the arrest under section 137A, to an officer of the investigating force of at least the rank of inspector;

(b) in relation to delay during any remaining period for which the person may be detained under section 137C, to an officer of the investigating force of a rank above that of inspector.

_(5) Paragraph (3) does not apply.

_(6) The reference in paragraph (5)(a) to an indictable offence is to be read as a reference to an offence that is an indictable offence under the law of Northern Ireland.

_(7) Paragraph (5A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

_(8) Paragraph (6)(b) is to be read as if (instead of referring to a person’s custody record) it referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

_(9) Paragraph (8) is to be read as if (instead of referring to a person detained at a police station or other premises) it referred to a person detained under section 137C.

15_(1) Article 59 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (access to legal advice) is modified as follows.

_(2) Paragraph (1) is to be read as if (instead of referring to a person held in custody in a police station or other premises) it referred to a person detained under section 137C.

_(3) Paragraphs (2) and (9)(b) are to be read as if (instead of referring to a person’s custody record) they referred to the record made by the arresting force in relation to the person’s arrest under section 137A and detention under section 137C.

_(4) Paragraphs (3) and (5) do not apply.

_(5) Paragraph (6)(a) does not apply.

_(6) The reference in paragraph (6)(b) to an officer of at least the rank of superintendent is to be read as a reference to an officer of at least that rank in the investigating force.

_(7) The reference in paragraph (8)(a) to an indictable offence is to be read as a reference to an indictable offence under the law of Northern Ireland.

_(8) Paragraph (8A)(a) is to be read as if (instead of referring to the person detained for the indictable offence) it referred to the person detained under section 137C.

16_(1) Article 10 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (duty to inform person responsible for welfare of child in police detention) is modified as follows.

_(2) Paragraph (1) is to be read as if (instead of referring to the case where a child is in police detention) it referred to the case where a child is being detained under section 137C.

_(3) That paragraph is also to be read as if (in addition to the information mentioned in sub-paragraphs (a) to (c)) it also mentioned the information set out in section 137D(1)(a) and (b).

_(4) The reference in paragraph (6) to a child’s rights under Article 57 of the Police and Criminal Evidence (Northern Ireland) Order 1989 is to be read as a reference to that Article as modified by this Schedule.””

About this proceeding contribution

Reference

776 cc742-752 

Session

2016-17

Chamber / Committee

House of Lords chamber

Subjects

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