New clause 42 - Powers of authorised officers executing warrants
Domestic Violence, Crime and Victims Bill [Lords]
10:30 am

Photo of Mr Christopher Leslie

Mr Christopher Leslie (Parliamentary Under-Secretary, Department for Constitutional Affairs; Shipley, Labour)

I do not have a ready answer for that question, not least because we are not talking about those jurisdictions now. Perhaps it will be useful if I speak to my colleagues in the Northern Ireland Office to see whether they have any thoughts or comments about that issue. We are talking today about the enforcement of criminal penalties imposed in courts in England and Wales, and it is important that we focus on that.

New clause 42 would bring into effect the proposed new schedule 4A, which would give civilian enforcement officers and approved enforcement agencies the additional powers that they need to help to improve the enforcement of fines and community penalty breach warrants. New schedule 2 would provide the civilian enforcement officers and approved enforcement agencies, which are employed by magistrates courts, with several new powers to help them enforce fines and penalties.

First, the amendments give enforcement officers engaged by the magistrates courts the power to enter premises to execute a warrant of arrest, commitment, detention or distress where the officer has a reasonable suspicion that the offender who is a subject of warrant is present. Secondly, they give the persons engaged by the court the power to search offenders for dangerous articles such as hypodermic needles, knives and items that the offender may use to facilitate an escape from lawful custody. The provisions also give them the power to use reasonable force in exercising the other powers that are listed.

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