Criminal Justice Bill (Fourteenth sitting)

Laura Farris Excerpts

Committee stage
Thursday 25th January 2024 Public Bill Committees

[Jess Phillips]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 74 ordered to stand part of the Bill.

Clause 75 ordered to stand part of the Bill.

Clause 76

Regulations

Amendment made: 146, in clause 76, page 68, line 15, after “purposes” insert “or areas”.—(Chris Philp.)

This amendment provides that regulations under the Bill (other than regulations under clause 78) may make different provision for different areas.

Clause 76, as amended, ordered to stand part of the Bill.

Clause 77

Extent

Amendments made: 41, in clause 77, page 68, line 36, leave out “5” and insert “1”.

This amendment provides that clauses 1 to 4 extend to (ie form part of the law of) Scotland and Northern Ireland, as well as England and Wales.

Amendment 42, in clause 77, page 69, line 2, at end insert—

“(ea) section (Terrorist offenders) (and Schedule (Notification orders));”.

This amendment provides that the new clause and Schedule moved by NC14 and NS1 extend to England and Wales, Scotland and Northern Ireland.

Amendment 43, in clause 77, page 69, line 10, at end insert—

“(3A) Sections 11 and 12 extend to England and Wales and Northern Ireland.”.

See the statement to amendment 23.

Amendment 44, in clause 77, page 69, line 11, after “by” insert “section 32(2) or”.—(Chris Philp.)

This amendment to the extent provision is consequential on Amendment 40.

[The Parliamentary Under-Secretary of State for Justice (Laura Farris)]

I beg to move amendment 147, in clause 77, page 69, line 11, after “by” insert

“section (Administering etc harmful substances (including by spiking))(2) or”.

This amendment provides that consequential amendments made by subsection (2) of the new clause moved by NC45 have the same extent as the provision amended.

[The Chair]

With this it will be convenient to discuss the following:

Government new clause 45—Administering etc harmful substances (including by spiking).

New clause 15—Intentionally administering a substance with intent to cause harm—

“(1) A person (‘P’) commits an offence if P intentionally administers a substance to, or causes a substance to be taken by, another person—

(a) without the consent of that other person, and

(b) with the intention of causing harm to that other person.

(2) A person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.”

As it stands, spiking is covered by several different offences. This amendment is intended to create a standalone offence of spiking.

[Laura Farris]

It is an honour to serve under your chairmanship, Sir Robert. New clause 45 concerns the issue of spiking. The offence of spiking is captured under various criminal provisions, including, but not limited to, section 61 of the Sexual Offences Act 2003—although that is primarily directed towards date rape—and what I might loosely term the poisoning provisions in sections 23 and 24 of the Offences against the Person Act 1861. It is the latter that the new clause will amend.

I hope that members of the Committee have had a chance to consider new clause 45, which amounts to a wholesale replacement of sections 23 and 24 of the 1861 Act. It modernises the language, captures the complete range of offending and puts the term “spiking” in legislation for the first time. [Interruption.] I am sorry; I pulled out a page and now cannot find it.

[Alex Norris]

I am grateful to the Minister for giving way. I would not want to pre-empt anything I might say in the debate, but I wonder whether she might join me in praising my hon. Friend the Member for Bootle for tabling new clause 15—he has had more success with his new clause than I have had with any of my amendments or new clauses—and my hon. Friend the Member for Bradford South (Judith Cummins), who has shown real leadership on this issue.

[Laura Farris]

I am grateful to the hon. Member for his intervention. I have no hesitation in congratulating and thanking all the members of the Committee, and Members across the House, for what they have done to help us on this issue.

The drafting of new clause 45 seeks to strike a balance between reflecting that the offences cover spiking, while ensuring that the other behaviour caught by the offences remains covered. For example, section 24 of the 1861 Act is also used to prosecute incidents of potting, where prisoners use urine or faeces to assault a prison or police custody officer. I hope that we can all agree that it is important that that behaviour is still captured by the criminal law. The new clause also alters the mode of trial for these offences, from indictable-only to triable either way. That means that a case can be progressed in either the magistrates court or the Crown court, rather than only in the Crown court.

Members will probably have already seen that, to some extent, the new clause replaces antiquated language. It uses language that we are much more familiar with in modern criminal law: terms such as “intentionally” and “recklessly”. Importantly in relation to spiking, it refers to a “harmful substance”, which is defined with reference to “poison” and “destructive or noxious thing”, but we have lost the language of poisoning, which was previously the headline in such offences. That language imported something that some police officers felt was quite unhelpful in understanding the precise nature of the offending that was taking place. Our amendments do not intend to change the existing approach to the mental element that is required as part of these offences.

--- Later in debate ---

[Alex Norris]

I rise to add our support to new clause 45, which is important. Spiking is a coward’s crime, as is potting, but we know that it is a stock in trade for a very small number of people who can have a devastating impact on people’s lives. It is an exceptionally harmful and dangerous practice. I congratulate colleagues on both the Opposition Benches and the Government Benches, as well as the Government themselves, on bringing the measure forward.

Legislation is clearly only part of the process. We need cultural change and strong messages. People need to hold each other to account and tell each other how important it is not to do things like this, because they are so dangerous. The right hon. Member for Chelmsford made the important point—we will hear the Minister’s response—that, to the extent that it can be, the law should be agnostic on the method of transmission. As technology changes, those who choose to do such things for their own ends will use whatever methods they can. That spiking could be done by vaping was new to me, but it seems obvious that that would be possible. I am keen to know how the legislation can keep pace with that.

[Laura Farris]

I pay tribute to my right hon. Friend the Member for Chelmsford, who has been an important voice on the issue. When I made a statement to the House just before Christmas, I thanked everybody: my hon. Friend the Member for Gloucester, the right hon. Member for Kingston upon Hull North and the hon. Member for Bradford South. Theirs have been important voices, and they have been helpful to us as we have worked our way through this issue.

I did not set out our thinking in my initial remarks, so it might be helpful for me to do so. First, it was said that spiking was covered by other offences, but when we look at the language of the Offences against the Person Act, it is accurate to say that parliamentarians at the time had something different in mind. We can tell that just by reading the legislation.

Secondly, all parliamentarians are familiar with being told that something is already covered by another law, but it is worth asking, “Would this particular offence be better captured in a defined way?” We have done the same with offences such as stalking in the life of this Parliament. For lots of offences, it is possible to think, “Can we crystallise the offence in a more accurate way?” That was material to our thinking, and that is why we have made these changes. I hope that that is helpful to the Committee.

I reassure my right hon. Friend the Member for Chelmsford that all forms of spiking are included, whether by needle, vape, drink or a food substance. New clause 45 is deliberately widely constructed so as to capture the whole range. She made a point about urine testing. We have been told by police that the biggest barrier to conviction is that even if the victim reports the incident the following morning and immediately gives a sample for a toxicology test, they can be left with the disappointing news that the substance has left their body, even though the police often accept that everything that they and perhaps their friends are describing is consistent with a spiking incident. That is why investment in rapid drinks testing kits, which are at a nascent stage, has been a big part of the non-legislative measures. If we can get those up and running, we can roll them out across night-time venues to facilitate on-site testing without having to go through the standard toxicology route. We think that would be really helpful in getting convictions.

We have been working with the Security Industry Authority on the training of nightclub doormen and bouncers. From April this year, there will be a condition for any new nightclub bouncer entering the industry to have specific training on spiking. From September, we will begin a refresher element, including a spiking course, for those already employed in the sector. It is anticipated that, within three years, all nightclub bouncers will have had had specific night-time training, and we are doing something similar with bar staff.

There is also a national reporting tool, which is currently operated by 20 police forces in England and Wales. It is being rolled out, but about half of the forces are using it. It allows people to report spiking anonymously. That does not have to be the victim; anyone who has seen something that they think is consistent with a spiking incident can make a report. That will help forces to develop a clearer picture of where spiking is happening and whether there are hotspots or problem areas, which will allow them to intensify the police response. Finally, we are doing some police intensification work.

I have probably gone on too long. Suffice it to say that dealing with spiking properly requires more than a change in the law, but we do think a change in the law is necessary and desirable, and we therefore hope that Members will support new clause 45.

Amendment 147 agreed to.

Amendment made: 50, in clause 77, page 69, line 12, at end insert—

“(5) Nothing in subsections (1) to (4) limits the extent within the United Kingdom of the armed forces provisions.

(6) Section 384(1) and (2) of the Armed Forces Act 2006 (extent outside the United Kingdom) applies to the armed forces provisions as it applies to the provisions of that Act.

(7) In subsections (5) and (6) the “armed forces provisions” means—

(a) a provision made, or inserted, by or under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006;

(b) an amendment, modification or repeal made by or under this Act of—

(i) a provision of or made under the Armed Forces Act 2006,

(ii) a provision that amends, modifies or repeals a provision of, or made under, that Act, or

(iii) any other provision, so far as the provision is applied (by whatever words) by or under that Act.”.—(Chris Philp.)

This amendment makes provision about the extent of provisions of or made under the Bill which relate to the Armed Forces Act 2006.

Clause 77, as amended, ordered to stand part of the Bill.

Clause 78

Commencement

Amendments made: 45, in clause 78, page 69, line 18, after “sections” insert

“(Testing of persons outside of police detention for presence of controlled drugs),”.

This amendment makes provision to bring NC13 into force on Royal Assent for the purpose of making regulations and issuing codes of practice.

Amendment 131, in clause 78, page 69, line 18, leave out “, 21 and 34” and insert “and 21”.

This amendment and amendment 132 provide for the clauses about serious crime prevention orders to be brought into force by regulations.

Amendment 46, in clause 78, page 69, line 18, after “regulations” insert

“or issuing codes of practice”.—(Chris Philp.)

See the statement for amendment 45.

[Jess Phillips]

I beg to move amendment 1, in clause 78, page 69, line 21, at end insert—

“( ) section ([Removal of women from the criminal law related to abortion]).”

This is an amendment conditional on the introduction of NC1. It would bring the new law into force on the day the Act is passed.

--- Later in debate ---

[Alex Cunningham]

It is a pleasure to serve under your chairmanship, Sir Robert. My hon. Friend the Member for Birmingham, Yardley, made a detailed speech on new clauses 1, in particular, and 2, which were tabled by my right hon. Friend the Member for Kingston upon Hull North and my hon. Friend the Member for Walthamstow (Stella Creasy) respectively. We all recognise how sensitive and controversial the issue of abortion is. It is important that we get the law exactly right and ensure that any changes do not have unintended consequences. I am grateful to my colleagues for ensuring that the debate on the law around abortion remains very much a focus for us in this place as we strive to make the right changes. I commend the work of all colleagues across the House on this issue.

New clause 1 would disapply criminal law on accessing or providing abortion care from women acting in relation to their own pregnancy at any gestation, ensuring that no woman would be liable for a prison sentence as a result of seeking to end her own pregnancy. New clause 2 seeks to repeal sections 58 to 60 of the Offences against the Person Act 1861 and

“provide that no offence under these regulations or any other legislation is committed by a person complying with the requirements of subsection 1 of the Abortion Act 1967”.

The Abortion Act 1967 renders lawful activities that would otherwise constitute a crime under the Offences against the Person Act 1861. It provides criteria under which abortions or terminations can legally take place. Labour believes that abortion is an essential part of healthcare that is highly regulated. Let me make it perfectly clear today that we do not believe that women should be jailed for getting an abortion when they are doubtless at their most vulnerable. For that reason, a Labour Government will provide parliamentary time for free votes on modernising abortion law to ensure that Members of Parliament can deal with this issue once and for all.

Many cases and reasons over the years have led us to this point, but I will highlight again the custodial sentence in the case mentioned by my hon. Friend the Member for Birmingham, Yardley. It was deeply sad, and something that we do not want repeated. This mother was jailed for illegally taking abortion tablets to end her pregnancy during lockdown. The Court of Appeal reduced her sentence, and she has since been released. The original judge decided that she should serve half her 28-month term in custody and the remainder on licence, but the Court of Appeal reduced the term to 14 months suspended. Dame Victoria Sharp KC, who heard the appeal, rightly noted that—we have heard this already this afternoon, but I make no apologies for repeating it—this was a case that called for “compassion, not punishment”. Carla Foster pleaded guilty to a charge under section 58 of the Offences against the Person Act 1861—administering drugs or using instruments to procure abortion—a plea accepted by the prosecution. As we have heard, she will carry that record throughout her life. Dame Victoria told the court that “no useful purpose” was served by detaining Ms Foster in custody and added that her case had “exceptionally strong mitigation.”

The Government have put forward an amendment to the 1861 Act in relation to the administering of harmful substances. We have just debated that and can all welcome that amendment, but it gives rise to the question: why have the Government not proposed any modernisation of the abortion offences, including the sentencing range? We are talking about a very similar provision of the same Act. Can the Minister say why the Government are not taking this opportunity, while the matter is under the spotlight and the subject of important debate, to remove custodial sentences?

We know that there are strongly held views on abortion—I have said that already—but it is rightly a matter of conscience for Members. The threat of prosecution is a real fear for women, and very sadly it is a fear that deters doctors from wanting to enter this fundamental area of women’s healthcare. It may help the Committee to know that health professionals, in the shape of the British Medical Association, support action, too. The BMA’s brief said that abortion should be regulated in the same way as other clinical procedures that are subject to an extensive range of professional standards, regulations and criminal and civil laws, but it stresses that it does not support criminal sanctions for women who procure and administer their own abortion, or for health professionals administering abortions in the context of their clinical practice.

I await with interest the Minister’s response to Committee members’ comments and those of the BMA. Specifically, I would like to know what action the Government plan to take to stop women being jailed for this offence. I am well aware that Members from across the House have been working together in an attempt to get this right and may well table a different amendment on Report. What discussions has the Minister had with Members? Is she open to further discussions? Is there any prospect of the Government bringing forward their own clause to right this wrong? She knows, as I do, that we must take action. There is a clear consensus on this.

[Laura Farris]

I am grateful to everybody who has spoken on this matter. Both new clause 1 and new clause 2 seek to decriminalise abortion. The Government maintain a neutral stance on these issues, but there are strongly held views across the House on this highly sensitive matter. They engage considerations of women’s rights and health, the rights of the unborn child, the viability of a foetus and the involvement of the criminal justice system. None of this is straightforward. It is an issue that, quite properly, Members will decide on according to their consciences, and I agree that it should be determined on the Floor of the House.

Let me begin by emphasising that the Government are committed to ensuring that all women in England and Wales have access to safe, regulated abortion services on the NHS under our laws. That includes telemedical abortions—sorry, I should probably refer to taking abortion pills at home when eligible, because “telemedical” is a confusing word.

As hon. Members know, in England and Wales the criminal offences relating to abortion must be read in conjunction with the provisions of the Abortion Act 1967, which provides exemptions to the criminal offences. The new clauses tabled by the right hon. Member for Kingston upon Hull North and the hon. Member for Walthamstow seek, in different ways, to decriminalise abortion for women acting in relation to their own pregnancies. If the will of the House is that the criminal law on abortion should change, whether by exempting pregnant women from the offences or otherwise, the Government would not stand in the way of such change, but we must of course be concerned with the fitness for purpose of any legislation proposed. With that in mind, I turn to the detail of the amendments, but it may be helpful if I first set out the relevant offences.

Under section 58 of the Offences against the Person Act, it is an offence for a pregnant woman, with the intent to procure her own miscarriage unlawfully, to take drugs or use instruments, and for another person, with the intent to procure the miscarriage of a woman unlawfully, to administer drugs or use instruments. Section 59 makes it an offence to supply or procure drugs, poison or an instrument intended to be used to procure a miscarriage.

--- Later in debate ---

[Jess Phillips]

One too many.

[Laura Farris]

Okay, but it is one, to give the Committee a sense of the scale of this issue in the criminal courts.

I turn first to amendment 1 and new clause 1, tabled by the right hon. Member for Kingston upon Hull North. The purpose of new clause 1 is to disapply existing criminal law relating to abortion from a woman acting in relation to her own pregnancy at any stage of gestation. Under section 6 of the Abortion Act 1967, “the law relating to abortion” means

“sections 58 and 59 of the Offences against the Person Act 1861, and any rule of law relating to the procurement of abortion”.

Section 5(1) of the 1967 Act provides:

“No offence under the Infant Life (Preservation) Act 1929 shall be committed by a registered medical practitioner who terminates a pregnancy in accordance with the provisions of this Act.”

New clause 1 refers to “the law related to abortion”. Unlike the Abortion Act, it is not limited to specific provisions, and it could therefore be interpreted as applying more widely. It could, for example, include other offences against the person that may apply in this context, such as maliciously administering a poison so as to endanger life or inflict grievous bodily harm. In that regard, it differs from the law as it applies in Northern Ireland.

The hon. Member for Walthamstow takes a different approach. Her new clause 2 would require the Secretary of State to decriminalise abortion through regulations. Among other things, the regulations would repeal sections 58 to 60 of the Offences against the Person Act and make provision for alternative offences in relation to non-consensual abortion.

I reiterate that, should Parliament wish to change the law, the Government will not stand in the way, but hon. Members may consider that there would be alternative ways to amend primary legislation. Leaving aside the way in which decriminalisation might be achieved, there is the question whether the repeal of section 60 of the Offences against the Person Act is appropriate. Section 60 makes it an offence for a person to conceal the birth of a child by disposing of the child’s body after its birth. There is a high-profile case in the papers today concerning exactly that issue. It is not generally considered to be an abortion offence and it is not limited to the abortion context. Repealing the offence could have unintended consequences.

[Jess Phillips]

On the point made by the right hon. Member for Chelmsford, I have to say that I have noted from prior conversations people’s level of fear that they might have to vote on this issue today. If I were on the other side of this debate, I would not stop and think for a second that the will of the House needed to be tested, or that there was not a sneaky way to change the legislation—but I am not. We have tested the will of this House a number of times in the nine years that I have been here, and on every single occasion Parliament has acted in a pro-choice manner and has had a pro-choice majority. I have no doubt that I would hold the majority should I press new clause 1 to a Division in this Committee.

I agree with the right hon. Member for Chelmsford that it is the will of the House that these issues need to be tested. As I have said, I have no doubt that we will win in that context. What I would say is that it is always women’s bodies that we say this about. There is a load of people who will never have the experiences that I have had personally, or that some of the other women in this room have had, but get to have an opinion about the way that I live my life and make my choices about my own body, and we are taught to sort of genuflect and respect that. It should be a women’s health issue. If this was the women’s health Bill, we would be more than happy to amend all sorts of things in this room, but we allow this issue to retain some sort of grandiosity, as if it is any more than having a prostate exam, which even the King is doing and talking about. It should not be a thing any more. We are doing line-by-line scrutiny; we should be amending small bits.

On the Minister’s point about the things that the Government have put in place, let me say on behalf of my right hon. Friend the Member for Kingston upon Hull North that she is welcome, because every single one of them came from an amendment that my right hon. Friend tabled. This is not her first rodeo; it is a long passion.

The thing I heard today that gave me solace was from my hon. Friend the Member for Stockton North, who said from the Opposition Front Bench that the Labour party will move to ensure that, under any Labour Government, Parliament has time to actually consider this issue, so that people do not have to tack things on to Bills that they might not quite fit in.

The Minister mentioned one person having been criminalised. I imagine that, if she goes away and gets the data on the number of incidents of domestic abuse where a miscarriage has been forced and the man has been charged with the same offence that she identified under the Infant Life (Preservation) Act, she will find that it is zero, yet that will have happened hundreds of times in the last few years.

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: 148, in clause 78, page 69, line 24, at end insert—

“(aa) section (Maximum term of imprisonment for certain offences on summary conviction);”—(Laura Farris.)

This amendment provides that the new clause moved by NC47 comes into force two months after Royal Assent.

Amendment made: 132, in clause 78, page 69, leave out line 28.—(Chris Philp.)

See the explanatory statement to amendment 131.

Clause 78, as amended, ordered to stand part of the Bill.

Clause 79 ordered to stand part of the Bill.

New Clause 10

Power to seize bladed articles etc: armed forces

“In the Armed Forces Act 2006, after section 93ZC (inserted by section (Stolen goods on premises (entry, search and seizure without warrant): armed forces) insert—

“93ZD Power to seize bladed articles etc

(1) This section applies where—

(a) a service policeman is lawfully on any premises which are searchable by virtue of this Part, or

(b) a person subject to service law who is not a service policeman is lawfully on any premises in the exercise of a power of search conferred by virtue of this Part.

(2) If the service policeman or person subject to service law—

(a) finds, on the premises, an article which has a blade or is sharply pointed (a “relevant article”), and

(b) has reasonable grounds for suspecting that the relevant article would be likely to be used in connection with unlawful violence (if it were not seized),they may seize the relevant article.

(3) The following provisions apply where a relevant article is seized under this section.

(4) The service policeman or person subject to service law who seized the relevant article—

(a) must give a record of what was seized to a person who is on the premises, or

(b) if there is no person on the premises, must leave a record of what was seized in a prominent place on the premises.

(5) The record must—

(a) describe the relevant article,

(b) state that it has been seized under this section,

(c) specify the date of seizure,

(d) give the reason why the relevant article was seized, and

(e) specify the name, rank or rate, and the unit, of the service policeman or person subject to service law who seized the relevant article.

(6) Following seizure of the relevant article, the service policeman or person subject to service law may—

(a) retain it, or

(b) destroy it or otherwise dispose of it. This is subject to subsections (7) and (12).

(7) A person (“P”) claiming to be the owner of the relevant article may apply to the commanding officer of the relevant person for a determination that the relevant article should be delivered to P.

(8) The “relevant person” is the person by virtue of whose occupation of or other connection with the premises, the premises are within subsection (1).

(9) The commanding officer may make a determination under subsection (7) if it appears to them that—

(a) P is the owner of the relevant article, and

(b) it would be just to make the determination.

(10) If the commanding officer does not make a determination under subsection (7), P may appeal to a judge advocate.

(11) The Secretary of State may by regulations make provision—

(a) with respect to the practice and procedure which is to apply in connection with applications for a determination under subsection (7) and appeals under subsection (10);

(b) conferring functions on judge advocates in relation to appeals under subsection (10).

(12) The relevant article may not be destroyed or disposed of—

(a) in the period of 6 months beginning with the day on which it is seized, or

(b) if an application under subsection (7) is made in that period, until the application (including any appeal) has been finally determined or otherwise disposed of (and then, only if no determination is made that the relevant article should be delivered to P).

(13) In this section “unlawful violence” includes—

(a) unlawful damage to property, and

(b) a threat of unlawful violence (including of unlawful damage to property).””—(Chris Philp.)

This new clause amends the Armed Forces Act 2006 to make provision equivalent to that made by clause 18 of the Bill.

Brought up, read the First and Second time, and added to the Bill.

New Clause 11

Stolen goods on premises (entry, search and seizure without warrant): armed forces

“In the Armed Forces Act 2006, after section 93 insert—

“93ZA Search for particular stolen goods

(1) A service policeman of at least the rank of naval lieutenant, military or marine captain or flight lieutenant may authorise a service policeman to—

(a) enter specified premises which are relevant residential premises, and

(b) search the specified premises for specified items.

(2) An officer may give an authorisation under subsection (1) only if satisfied that there are reasonable grounds to believe that—

(a) the specified items are stolen goods,

(b) the specified items are on the specified premises, and

(c) it is likely that the purpose of the search would be frustrated or seriously prejudiced if no search could be carried out before the time mentioned in subsection (3).

(3) That time is the earliest time by which it would be practicable—

(a) for a service policeman to obtain and execute a warrant under section 83 authorising the entry and search of the premises, or

(b) in a case where a member of a UK police force could obtain a warrant under section 8 of PACE or any other enactment authorising the entry and search of the premises, for a member of such a force to obtain and execute such a warrant.

(4) An officer may give an authorisation under subsection (1) orally or in writing.

(5) As soon as reasonably practicable after giving the authorisation the officer must record in writing—

(a) if the authorisation is given orally, the authorisation, and

(b) in any case, the officer’s reasons for being satisfied as mentioned in subsection (2).

(6) The powers conferred by an authorisation under subsection (1) may be exercised only—

(a) by a service policeman in uniform,

(b) before the end of the 24 hour period beginning with the time the authorisation is given, and

(c) at a reasonable hour (unless it appears to the service policeman that exercising them at a reasonable hour may frustrate or seriously prejudice the purpose of exercising them).

(7) The power of search conferred by an authorisation under subsection (1) is exercisable only to the extent that is reasonably required for the purpose of searching the specified premises for the specified items.

(8) Where the occupier of the specified premises is present at the time the service policeman seeks to enter and search them, the service policeman must—

(a) identify themselves to the occupier, and

(b) state the purpose for which they are entering and searching the premises.

93ZB Seizure on search under section 93ZA

(1) This section applies where a service policeman is lawfully on relevant residential premises in exercise of the powers conferred by an authorisation under section 93ZA(1).

(2) The service policeman may seize anything which is on the specified premises (whether or not it is a specified item) if the service policeman has reasonable grounds to believe—

(a) that it is stolen goods, and

(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged altered or destroyed.

(3) The service policeman may seize anything which is on the specified premises (whether or not it is a specified item) if the service policeman has reasonable grounds to believe—

(a) that it is evidence in relation to—

(i) an offence under section 42 which the service policeman is investigating, or

(ii) any other offence under section 42,

as respects which the corresponding offence under the law of England and Wales is theft, and

(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, damaged, altered or destroyed.

(4) The powers of seizure in subsections (2) and (3) include power to require information which is stored in an electronic form and is accessible from the premises to be produced in a form—

(a) in which it can be taken away and which it is visible and legible, or

(b) from which it can readily be produced in a visible and legible form.

(5) As soon as reasonably practicable after exercising a power of seizure conferred by this section, the service policeman must record in writing—

(a) the grounds on which the power was exercised, and

(b) the items seized.

93ZC Sections 93ZA and 93ZB: supplementary

(1) The powers conferred by sections 93ZA and 93ZB do not include powers to search for or seize—

(a) items subject to legal privilege,

(b) excluded material, or

(c) special procedure material.

(2) In sections 93ZA and 93ZB “specified” means specified in an authorisation under section 93ZA(1).

(3) Sections 93ZA and 93ZB are to be construed in accordance with section 24 of the Theft Act 1968, reading references in that section to blackmail and fraud as including an offence under section 42 as respects which the corresponding offence under the law of England and Wales is blackmail or fraud.

(4) In sections 93ZA and 93ZB the following expressions have the meanings given by section 84—

“excluded material”

“items subject to legal privilege”

“relevant residential premises”

“special procedure material” .””—(Chris Philp.)

This new clause amends the Armed Forces Act 2006 to make provision equivalent to the provision inserted into the Theft Act 1968 by clause 19 of the Bill.

Brought up, read the First and Second time, and added to the Bill.

New Clause 12

Powers to compel attendance at sentencing hearing: armed forces

“(1) The Armed Forces Act 2006 is amended as follows.

(2) After section 259 insert—

“Attendance at sentencing hearings

259A Power to order attendance

(1) This section applies where—

(a) an offender has been convicted of a service offence in respect of which a life sentence may, or must, be passed,

(b) the offender is kept in service custody awaiting sentencing by the Court Martial, and

(c) the offender has refused, or there are reasonable grounds to suspect the offender will refuse, to attend court for the sentencing hearing.

(2) The Court Martial may order the offender to attend court for the sentencing hearing.

(3) An order under subsection (2) may be made by the Court Martial of its own motion or on the application of the Director of Service Prosecutions.

(4) Before making an order under subsection (2) in relation to an offender aged under 18, the Court Martial must have regard to the welfare of the offender.

(5) In this section—

“life sentence” means any of the following sentences imposed by virtue of this Act—

(a) a sentence of imprisonment for life,

(b) a sentence of detention for life during His Majesty’s pleasure, or

(c) a sentence of custody for life;

“sentencing hearing” means a hearing following conviction that is held for the purposes of sentencing an offender.

(6) Nothing in this section limits any other power of the Court Martial to order an offender to attend court for a sentencing hearing.

259B Power to order production of offender

(1) This section applies where—

(a) an offender aged 18 or over is kept in service custody awaiting sentencing by the Court Martial or the Service Civilian Court in respect of a service offence, and

(b) the offender has refused, or there are reasonable grounds to suspect the offender will refuse, to attend court for the sentencing hearing.

(2) The court may order that the offender is produced before the court for the sentencing hearing.

(3) An order under subsection (2) may be made by the court of its own motion or on the application of the Director of Service Prosecutions.

(4) A person subject to service law who is authorised for the purposes of this section by the Provost Marshal of the Royal Military Police may use reasonable force, if necessary and proportionate, to give effect to an order under subsection (2).

(5) In this section “sentencing hearing” has the meaning given by section 259A.

(6) A person is to be treated as having complied with an order under subsection (2) if they have done all that they reasonably can to secure that the offender is produced before the court for sentencing.

(7) Nothing in this section affects—

(a) any other power of the court to order that an offender is produced before the court for a sentencing hearing;

(b) any other power to use force.”

(3) In section 309 (offences of misbehaviour in court etc)—

(a) after subsection (1) insert—

“(1A) The Court Martial also has jurisdiction under this section to deal with an offender who fails without reasonable excuse to comply with an order under section 259A(2) (order to attend sentencing hearing).”

(b) in subsection (2)(a) after “days” insert “or, in a case within subsection (1A), 2 years”.”—(Chris Philp.)

This new clause amends the Armed Forces Act 2006 to make provision equivalent to the provision inserted into the Sentencing Code by clause 22 of the Bill.

Brought up, read the First and Second time, and added to the Bill.

New Clause 13

Testing of persons outside of police detention for presence of controlled drugs

“(1) The Police and Criminal Evidence Act 1984 is amended as set out in subsections (2) to (5).

(2) In section 30 (arrest elsewhere than at police station), after subsection (11) insert—

“(11A) Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station, or releasing the person under section 30A, for such time as is reasonable for the purpose of taking a sample under section 32A.

(11B) Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released under section 30A.”

(3) After section 32 (search upon arrest) insert—

“32A Testing for presence of controlled drugs upon arrest at a place other than a police station

(1) An approved constable may take a single non-intimate sample from a person for the purpose of ascertaining whether any specified controlled drug is in the person’s body, if the following conditions are met—

(a) the arrest condition,

(b) the age condition, and

(c) the request condition.

(2) The arrest condition is that section 30(1A) applies in respect of the person and either—

(a) the offence for which the person was arrested is a trigger offence, or

(b) a constable of at least the rank of inspector—

(i) has reasonable grounds for suspecting that the misuse by the person of a specified controlled drug caused or contributed to the offence for which the person was arrested, and

(ii) has authorised the sample to be taken.

(3) The age condition is that the person is aged 18 or over.

(4) The request condition is that an approved constable has requested the person to give the sample.

(5) Before requesting the person to give a sample, an approved constable must—

(a) warn the person that if, when so requested, the person fails without good cause to do so the person may be liable to prosecution, and

(b) in a case within subsection (2)(b), inform the person of the giving of the authorisation and of the grounds in question.

(6) A sample may only be taken under this section—

(a) at or near the place where an approved constable requested the person to give the sample, and

(b) before the person has been taken to a police station or released under section 30(7) or 30A.

(7) If a sample is taken from a person under this section, an approved constable must give the person a notice in writing which sets out—

(a) the offence in respect of which the arrest condition is met;

(b) in a case within subsection (2)(b), details of the authorisation and the grounds in question;

(c) the date and time when the sample was taken;

(d) the location where the sample was taken;

(e) whether an analysis of the sample reveals that a specified controlled drug may be present in the person’s body.

(8) A notice under subsection (7) must be given as soon as reasonably practicable and in any event before the earlier of the person being released or charged with the offence in respect of which the arrest condition is met.

(9) A person who fails without good cause to give any sample which may be taken from the person under this section commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

32B Section 32A: supplementary

(1) A constable of at least the rank of inspector may give an authorisation under section 32A(2)(b) orally or in writing but, if it is given orally, the constable must confirm it in writing as soon as is practicable.

(2) If a person from whom a sample is taken under section 32A is taken to a police station, the constable giving the notice under section 32A(7) must secure that a record is made, as part of the person’s custody record, of the matters set out in the notice.

(3) If a person from whom a sample is taken under section 32A is released under section 30(7) or 30A, the constable giving the notice under section 32A(7) must, as soon as is practicable after the notice is given, make a record in writing of the matters set out in the notice.

(4) Section 32A does not prejudice the generality of section 63.

(5) In section 32A—

“approved constable” means a constable who has been approved for the purposes of section 32A by the chief officer of police of the police force to which the constable belongs (or, where the constable belongs to the British Transport Police Force, by the chief constable of the British Transport Police Force);

“non-intimate sample” has the same meaning as in Part 5 (see section 65(1));

“specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations under section 32C;

“trigger offence” means an offence specified in regulations under section 32C.

32C Section 32A: regulations

(1) The Secretary of State may by regulations for the purposes of section 32A—

(a) specify a controlled drug as a “specified controlled drug”;

(b) specify an offence as a “trigger offence”.

(2) Regulations under subsection (1)—

(a) may make different provision for different purposes or different areas; and

(b) may make transitional, transitory or saving provision.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing (whether alone or with other provision) regulations under subsection (1)(b) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

32D Section 32A: disclosure of obtained information

Information obtained from a sample taken from a person under section 32A may be disclosed—

(a) for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the Bail Act 1976) to the person;

(b) for the purpose of informing any decision about the giving of a diversionary caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022 to the person;

(c) where the person is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about the person’s supervision;

(d) where the person is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about the person’s supervision or release;

(e) for the purpose of an assessment which the person is required to attend by virtue of section 9(2) or 10(2) of the Drugs Act 2005;

(f) for the purpose of proceedings against the person for an offence under section 12(3) or 14(3) of that Act;

(g) for the purpose of ensuring that appropriate advice and treatment is made available to the person.”

(4) In section 63B, after subsection (5D) insert—

“(5E) A sample may not be taken from a person under this section if—

(a) the person is in police detention by virtue of being taken to a police station after being arrested at a place other than a police station, and

(b) a sample was taken from the person under section 32A.”

(5) In section 66(2) (codes of practice), after “section” insert “32A or”.

(6) In Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions), in Part 1 (defendants accused or convicted of imprisonable offences), in paragraph 6B(1)(b)(i), after “under section” insert “32A or”.”—(Chris Philp.)

The new clause provides for testing of controlled drugs upon arrest at a place other than a police station and makes related changes.

Brought up, read the First and Second time, and added to the Bill.

New Clause 14

Terrorist offenders

“(1) Schedule (Notification orders) amends Part 4 of the Counter-Terrorism Act 2008 (notification requirements) so as to enable courts to make notification orders in respect of persons who have committed certain domestic offences or service offences.

(2) In section 43B of the Terrorism Act 2000 (terrorist offenders released on licence: arrest without warrant pending recall decision) in subsection (4) after paragraph (d) insert—

“(e) a person in respect of whom—

(i) a domestic offence notification order (within the meaning of Schedule 4A to the Counter-Terrorism Act 2008), or

(ii) a service offence notification order (within the meaning of Schedule 6A to that Act),

has been made and who is serving a sentence for the offence by virtue of which the order was made.””—(Chris Philp.)

This new clause introduces the Schedule moved by NS1 (which provides for orders applying the notification requirements in Part 4 of the Counter-Terrorism Act 2008 to persons who have committed certain domestic offences or service offences) and also extends powers of arrest and search to persons in respect of whom such orders are made.

Brought up, read the First and Second time, and added to the Bill.

New Clause 21

Dispersal powers: removal of senior police officer authorisation

“(1) Omit section 34 of the Anti-social Behaviour, Crime and Policing Act 2014 (authorisation of constables to use dispersal powers by police officer of at least the rank of inspector).

(2) In consequence of subsection (1), in section 35 of that Act (directions excluding a person from an area)—

(a) in subsection (1)—

(i) omit “and an authorisation is in force under section 34”;

(ii) for “in the locality specified in the direction” substitute “in a locality”;

(b) in subsection (4), omit the second sentence.”—(Chris Philp.)

This new clause removes the requirement that a police officer of at least the rank inspector must authorise the use of dispersal powers under section 35 of the Anti-social Behaviour, Crime and Policing Act 2014.

Brought up, read the First and Second time, and added to the Bill.

New Clause 22

Dispersal powers: extension to local authorities

“(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

(2) In section 35—

(a) in subsections (1), for “a constable in uniform” substitute “an authorised person”;

(b) in subsection (2), (3) and (6), for “constable” substitute “authorised person”;

(c) after subsection (4), insert—

“(4A) Each of the following is an “authorised person”—

(a) a constable in uniform;

(b) a person authorised for the purposes of this Part by the local authority in whose area the public place mentioned in subsection (1) is situated (“authorised LA officer”).”

(d) after subsection (6), insert—

“(6A) A direction given by an authorised LA officer under this section is not valid if the officer—

(a) is asked by the person to whom the direction is given to show evidence of their authorisation, and

(b) fails to do so.”

(e) in subsection (7), for “the constable” substitute “a constable in uniform in the public place”;

(f) for subsection (8) substitute—

“(8) Any constable may withdraw or vary a direction given by a constable under this section.

(8A) Any authorised LA officer may withdraw or vary a direction given by an authorised LA officer under this section.

(8B) A variation under subsection (8) or (8A) must not extend the duration of a direction beyond 48 hours from when it was first given.”

(g) in subsection (11), for ““exclusion period”” to the end substitute “—

“authorised person” has the meaning given by subsection (4A);

“exclusion period” has the meaning given by subsection (1)(b);

“local authority” has the same meaning as in Part 1 (see section 20).”

(3) In section 36 (restrictions)—

(a) in subsections (1), (2), (3) and (4), for “A constable” substitute “An authorised person”;

(b) in subsection (1), for “constable”, in the second place it appears, substitute “authorised person”;

(c) in subsection (5), for “a constable” substitute “an authorised person”.

(4) In section 38 (record-keeping), in subsections (1) and (2), for “A constable” substitute “An authorised person”.

(5) In section 41 (guidance), in subsection (1), for “chief officers of police” to the end substitute “—

(a) chief officers of police about the exercise, by officers under their direction or control, of those officers’ functions under this Part;

(b) local authorities about the exercise, by persons authorised under section 35(4A)(b), of those persons’ functions under this Part.””—(Chris Philp.)

This new clause confers dispersal powers under Part 3 of the Anti-social Behaviour, Crime and Policing Act 2014 on persons authorised by local authorities for the purposes of the Part.

Brought up, read the First and Second time, and added to the Bill.

Ordered, That further consideration be now adjourned. —(Scott Mann.)