Part 7 of the Police, Crime, Sentencing and Courts Act 2022 focuses on consolidating and expanding various police powers, particularly in areas concerning protests, public order, stop and search, and related procedural matters within the criminal justice system, ultimately aiming to improve operational effectiveness for law enforcement and public safety measures.
Arguments For
Enhances police effectiveness by granting new powers relating to stop and search, public order, and digital investigations.
Aims to improve public safety and faster resolution of certain criminal cases through procedural changes in the justice system.
Strengthens the legal framework for managing protests and public order situations to prevent disruption and harm.
Arguments Against
Raises concerns regarding potential for increased discretion in stop and search leading to disproportionate impact on certain communities.
Changes to public order legislation may be viewed as infringing on the right to peaceful protest and assembly.
Procedural adjustments could potentially impact the fairness or transparency of certain criminal justice processes.
PART 7 POLICE POWERS (ENGLAND AND WALES)
Police, Crime, Sentencing and Courts Act 2022
CHAPTER 5 STOP AND SEARCH
Section 57 Extension of power to stop and search in relation to terrorism offences
(1) Section 1 of the Terrorism Act 2000 (search powers) is amended as follows.
(2) In subsection (1)(a), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”.
(3) In subsection (2), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”.
(4) In subsection (3), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”.
(5) In subsection (6), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”.
(6) In subsection (7), after “subsection (5)”, insert “or any other provision of this Act under which a person may be stopped and searched for the purpose of finding evidence relating to a terrorism offence”.
(7) In subsection (9)—
(a) in paragraph (a), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”;
(b) in paragraph (b), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”.
(8) In subsection (11), for “section 3 of the Terrorism Act 2006 (search powers)” substitute “section 47 of the Terrorism Act 2000 (search powers of customs officers)”.
This section modifies Section 1 of the Terrorism Act 2000, which grants police powers to stop and search individuals.
The primary change is replacing specific references to offenses under the Terrorism Act 2000 and the Terrorism Act 2006 with the broader term "terrorism offence."
These amendments update the language used within the stop and search powers to align with the consolidated definition of a terrorism offence.
Additionally, it updates a cross-reference concerning the search powers of customs officers, replacing a reference to an older section with a new reference to Section 47 of the Terrorism Act 2000.
Section 58 Stop and search: suspicious objects
(1) Section 9 of the Terrorism Act 2000 (suspicious objects) is amended as follows.
(2) For subsection (1) substitute—
“(1) If a constable reasonably suspects that an object in a public place is, or is connected with, a terrorism offence, the constable may stop and search any person who is carrying or is in charge of the object, and may search the object.”
(3) In subsection (3), for “If a constable reasonably suspects that an object is, or is connected with, an offence under this Act or the Terrorism Act 2006” substitute “If a constable reasonably suspects that an object is, or is connected with, a terrorism offence”.
(4) In subsection (4), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”.
This part amends Section 9 of the Terrorism Act 2000, dealing with stopping and searching suspicious objects.
It reforms subsection (1) to clarify that if a constable reasonably suspects an object is related to a terrorism offence, they may stop and search any person carrying or in charge of that object, and also search the object itself.
The subsequent subsections (3) and (4) similarly update the legal terminology by substituting references to specific Terrorism Acts with the general term "terrorism offence" when dealing with reasonable suspicion about an object's connection to such an offence.
Section 59 Stop and search after arrest for terrorism offence
(1) Section 54A of the Terrorism Act 2000 (stop and search after arrest for terrorism offence) is amended as follows.
(2) In subsection (1), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”.
(3) In subsection (2), for “under this Act or the Terrorism Act 2006” substitute “of a terrorism offence”.
This section deals with the power to stop and search a person following their arrest for a terrorism offence, as outlined in Section 54A of the Terrorism Act 2000.
The amendment simplifies and standardizes the phrasing used in the legislation.
Specifically, references to committing "an offence under this Act or the Terrorism Act 2006" are replaced with the singular term "a terrorism offence." This ensures consistent language across the relevant search powers following an arrest related to terrorism.
Section 60 Stop and search powers: supplementary
(1) In Schedule 14 to the Protection of Freedoms Act 2012 (authorisation of use of stop and search powers), in paragraph 6(1), for “an offence under this Act or the Terrorism Act 2006” substitute “a terrorism offence”.
(2) In the Schedule to the Terrorism Act 2000 (Prescribed Forms) Order 2013 (SI 2013/2626), for the requirement mentioned in paragraph 2, substitute—
“A statement that the person conducting the search reasonably suspects that the person or item being searched is connected with a terrorism offence.”
This part introduces two supplementary changes related to stop and search powers.
First, it amends Schedule 14 of the Protection of Freedoms Act 2012, which covers the authorisation of stop and search powers, by substituting "a terrorism offence" for the previous wording regarding mentioned offences.
Second, it amends the prescribed form used under the Terrorism Act 2000 (Prescribed Forms) Order 2013.
The requirement for the person conducting the search must now confirm their reasonable suspicion relates specifically to connection with a "terrorism offence."
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