Clause 107 - Photographing of suspects etc.

Part of Serious Organised Crime and Police Bill – in a Public Bill Committee at 3:45 pm on 18 January 2005.

Alert me about debates like this

Photo of David Heath David Heath Shadow Spokesperson (Home Affairs) 3:45, 18 January 2005

Why not go the whole hog and say ''with the appropriate consent asked for in the appropriate way,'' or, ''the constable will be polite in doing so''? We expect certain standards of our constables, and where they are not forthcoming, such things can sometimes be put in the PACE guidance and codes of conduct which, as we have discussed, have an enormous effect on the application of PACE. There is, therefore, provision for ensuring that a constable asks for consent in the appropriate terms. Nothing is added to the power—that is my point: it is redundant in terms of the power. It could just as easily be said that photographing may happen without the appropriate consent, just as fingerprinting is under the subsequent clause. The police invite consent, which the Minister is absolutely right to draw attention to, and we are at one on that. It could be a subject for guidance under the code of conduct.

I do not resile for one moment from my view that this is a rather silly way of putting the provision into statute when it could achieved other means, but if the   Minister is attached to the wording, who am I to stand in her way? I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment made: No. 257, page 74, line 22, at end insert—

'( ) In subsection (4)(a), after ''prosecution'' insert, ''or to the enforcement of a sentence''.

( ) In subsection (5), after paragraph (b) insert ''; and

(c) ''sentence'' includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.''.'.—[Ms Blears.]