CLAUSE 74: POWER TO MAKE REGULATIONS ABOUT THE USE OF VIDEO-CONFERENCING FACILITIES

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:     REGULATIONS BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:   NEGATIVE RESOLUTION

• Clause 74 inserts new section 45A into the 1984 Act. Section 45A(1) provides that regulations may be made permitting some police functions in relation to detainees to be carried out by video-conferencing facilities by an officer who is not present in the same police station. Those facilities can only be used for the purposes of carrying out a review of detention before charge by an inspector under section 40(1)(b) or for the functions of a custody officer under sections 37, 38 or 40 of the 1984 Act where the detainee is in a non-designated police station. The regulations will specify the use to be made of video-conferencing facilities and the manner in which they are to be used. It is proposed to pilot the use of these facilities on a trial basis and sub-section (8) permits different provision to be made for different cases and different police areas.
• Section 45A(1) sets out the functions for which such facilities may be used; sub-section (4) provides that only a custody officer in a designated police station may carry out the functions in relation to a detainee in a non-designated station; sub-sections (6) and (7) provide for the making of representations; and sub-section (10) provides that video-conferencing facilities must allow for the officer, the detainee and his legal representative to be able to see and hear each other. The purpose of the regulations will therefore be limited to setting out details of the procedure and allowing for the piloting of the use of the facilities. Negative resolution procedure is regarded as appropriate for the regulations.

CLAUSE 77: VISUAL RECORDING OF INTERVIEWS

• Clause 77 inserts a new section 60A in to the 1984 Act to provide for the visual recording of interviews.

NEW SECTION 60A(1)(A): POWER TO ISSUE A CODE OF PRACTICE FOR THE VISUAL RECORDING OF INTERVIEWS AT POLICE STATIONS

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:   AFFIRMATIVE RESOLUTION

• New section 60A(1)(a) provides for a code of practice to be issued for the visual recording of interviews at police stations. It mirrors the current provision in section 60 which deals with audio recordings. It is envisaged that the Code will contain provisions similar to those in Code of Practice E on tape recordings which covers procedural issues such as the recording and sealing of mastertapes, the facilities to be used, details to be recorded, breaks in recording and tape security.
• The code will be subject to the same procedure as other codes of practice under the 1984 Act as set out in section 67 ie it must be published, consulted on and laid before parliament in draft. The order bringing it in to force will be subject to the affirmative resolution procedure.

NEW SECTION 60A(1)(B): POWER TO MAKE AN ORDER REQUIRING INTERVIEWS TO BE VISUALLY RECORDED

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:     ORDER BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:   NEGATIVE RESOLUTION

• New section 60A(1)(b) provides for an order requiring visual recordings to be made of interviews with suspects in accordance with the code of practice under section 60A(1)(a). It parallels the provision in relation to audio recordings in section 60. The order will permit the piloting of video recording of interviews in relation to particular cases or particular police areas. As with the order making power in relation to section 60, orders will be subject to the negative resolution procedure which is regarded by the department as providing the appropriate level of parliamentary scrutiny.

CLAUSE 78: POWER TO MODIFY CODES OF PRACTICE

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:     ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:   NEGATIVE RESOLUTION

• Clause 78 amends section 67 of the 1984 Act to provide for temporary modifications of existing codes of practice under the Act. The purpose of the provision is to permit changes to the codes to be piloted and tested before being brought into force generally and permanently. The modifications may only have effect in relation to a specific area and/or for a maximum period of 2 years and/or in relation to particular offences or offenders. An order under this section will be subject to the negative resolution procedure. Given the limited nature of the modifications to existing codes which are permitted and the fact that permanent and general amendments will be subject to the full procedure of consultation and affirmative resolution debate under section 67, the department considers that this level of scrutiny is adequate.

CLAUSE 79(7): POWER TO APPROVE MEANS OF TAKING ELECTRONIC FINGERPRINTS

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:     APPROVAL

PARLIAMENTARY PROCEDURE:   NONE

• Clause 79(7) inserts a new sub-section (8A) into section 61 of the 1984 Act which provides that where fingerprints are taken electronically the manner of taking them and the device used must be approved by the Secretary of State. The purpose of this provision is to ensure the technical reliability and integrity of prints taken by digital means. It is similar to the provision in section 11(2) of the Road Traffic Act 1988 relating to type approved devices for taking breath tests and section 20 of the Road Traffic Offenders Act 1988 relating to type approved devices for measuring speed. As in relation to those devices, no parliamentary procedure is regarded as necessary.

CLAUSE 81(4): POWER TO APPROVE MEANS OF TAKING ELECTRONIC SKIN IMPRESSIONS

POWER CONFERRED ON:     SECRETARY OF STATE

POWER EXERCISABLE BY:    APPROVAL

PARLIAMENTARY PROCEDURE:   NONE

• Clause 81(4) inserts a new sub-section (9A) into section 63 of the 1984 Act. It makes parallel provision in relation to other skin impressions as is made in relation to fingerprints by clause 79(7). The same considerations are relevant as in relation to that power.

CLAUSE 86: POWER TO APPLY 1984 ACT PROVISIONS TO OFFICERS OF SECRETARY OF STATE FOR TRADE AND INDUSTRY

POWER CONFERRED ON:     THE SECRETARY OF STATE

POWER EXERCISABLE BY:    ORDER MADE BY STATUTORY INSTRUMENT

PARLIAMENTARY PROCEDURE:  NEGATIVE RESOLUTION

• The Secretary of State is empowered to make an Order directing that the "special procedure material" provisions of the Police and Criminal Evidence Act 1984 apply for the purposes of investigations of "serious arrestable offences" by officers of the Secretary of State for Trade and Industry as they apply for the purposes of investigations of offences conducted by police officers.
• The clause inserts a new section 114A in the 1984 Act. Section 114(2) contains a power enabling the Secretary of State by order to apply any provision of the 1984 Act which relates to investigations of offences conducted by police officers to investigations conducted by officers of Customs & Excise. That power is subject to the negative resolution procedure.
• The proposed new power is more limited than the existing one, the application of the 1984 Act provisions to investigations carried out by officers of the Secretary of State for Trade and Industry will be subject to all the safeguards contained in the 1984 Act and Parliamentary scrutiny will be secured by the negative resolution procedure.