Committee (10th Day)

Part of Legal Aid, Sentencing and Punishment of Offenders Bill – in the House of Lords at 11:00 pm on 15 February 2012.

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Photo of Lord McNally Lord McNally Deputy Leader of the House of Lords, The Minister of State, Ministry of Justice, Liberal Democrat Leader in the House of Lords 11:00, 15 February 2012

My Lords, these are consequential amendments to debates that we have already had. Clause 130 creates a new offence of squatting in residential buildings, and I will explain the consequential amendment needed there. Rather oddly in the same grouping, Amendment 188B contains the transitional provisions for Clause 131, which deals with reasonable force for the purpose of self-defence. Amendment 188A amends the provision in the Police and Criminal Evidence Act 1984 to ensure that the police have the necessary powers to enter and search a residential building for the purpose of arresting someone for the new squatting offence.

Such an amendment is necessary because the offence that we are creating is summary only, which means that it can be tried only in the magistrates' court. PACE does not normally provide the police with the powers to enter and search premises for a summary-only offence, unless a specific provision is included in Section 17(1)(c) of PACE. This amendment adds this specific provision to PACE.

The amendment to Clause 131 regarding self-defence makes transitional provision in relation to the amendments made to Section 76 of the Criminal Justice and Immigration Act 2008. The amendment will ensure that the amendments that we are making to that section can be applied retrospectively where appropriate, making matters simpler for the courts. The amendment to Clause 135 is minor and technical. I beg to move.

Amendment 188A agreed.

Clause 130, as amended, agreed.

Clause 131 : Reasonable force for the purposes of self-defence etc

Amendment 188B

Moved by Lord McNally

188B: Clause 131, page 112, line 29, at end insert-

"( ) Paragraph 27 of Schedule 27 to the Criminal Justice and Immigration Act 2008 (which provides for section 76 of that Act to apply whenever the alleged offence took place, but not in relation to certain proceedings if they began, or the arraignment took place, before that section comes into force) applies to any amendment made by this section to section 76 of that Act as it applies to that section, but as if references to the date on which that section comes into force were references to the date on which the amendment comes into force."

Amendment 188B agreed.

Clause 131, as amended, agreed.

Amendment 189

Moved by Lord Faulkner of Worcester

189: After Clause 131, insert the following new Clause-

"Amendment to the Scrap Metal Dealers Act 1964

In section 5 (other offences relating to scrap metal) after subsection (2) insert-

"(3) If any scrap metal dealer accepts or makes payment in cash, that dealer shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) When deciding the level of fine to be charged under subsections (1) to (3), a court may take into account-

(a) the value of the scrap metal in question;

(b) the provenance of the scrap metal in question;

(c) the compliance of the scrap metal dealer with the provisions of sections 1 to 3 of this Act generally; and

(d) any other factors which the court deems to be relevant.""