Back to the Scottish Parliament Business Bulletin No.39/2006: Wednesday 8 March 2006
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Section G – Bills

New amendments to Bills lodged on 7 March 2006

Police, Public Order and Criminal Justice (Scotland) Bill – Stage 2Section 47

Hugh Henry

149 In section 47, page 23, line 13, leave out subsections (1) to (5) and insert—

<(1) This section applies where—

(a) a person is convicted of an offence; and

(b) the person was aged 16 or over at the time the offence was committed.

(2) Instead of or in addition to any sentence which it could impose, the court which deals with the person in respect of the offence may, if satisfied as to the matters mentioned in subsection (3), make a football banning order against the person.(3) Those matters are—

(a) that the offence was one to which subsection (4) applies; and

(b) that there are reasonable grounds to believe that making the football banning order would help to prevent violence or disorder at or in connection with any football matches.

(4) This subsection applies to an offence if—

(a) the offence involved the person who committed it engaging in violence or disorder; and

(b) the offence related to a football match.

(5) Where the court does not make a football banning order, but is nevertheless satisfied that the offence was one to which subsection (4) applies, it may declare that to be the case.>

Hugh Henry

150 In section 47, page 23, line 35, leave out <(3)(b)(iii)> and insert <(4)(b)>

Hugh Henry

151 In section 47, page 23, line 37, leave out first <the> and insert <a football>

Hugh Henry

152 In section 47, page 24, line 1, leave out <the> and insert <a football>

Hugh Henry

153 In section 47, page 24, line 3, leave out <the> and insert <a football>

Hugh Henry

154 In section 47, page 24, line 4, leave out second <the> and insert <a football>

Hugh Henry

155 In section 47, page 24, line 5, leave out first <the> and insert <a football>

Hugh Henry

156 In section 47, page 24, line 12, leave out subsection (9)

Hugh Henry

157 In section 47, page 24, line 14, after <order> insert <, or a declaration,>

Hugh Henry

158 In section 47, page 24, line 15, at end insert <or declaration>

Hugh Henry

159 In section 47, page 24, line 16, after <order’s> insert <(or declaration’s)>

Section 49

Hugh Henry

160 In section 49, page 25, line 30, leave out from beginning to <relevant> and insert <where a relevant event occurs, to notify the football banning orders authority of the prescribed information in relation to the>

Section 50

Hugh Henry

161 In section 50, page 26, line 9, leave out subsections (1) and (2) and insert—

<(1) Schedule 4A, which specifies the relevant events referred to in section 49(2)(b) and defines the prescribed information in relation to each such event, has effect.>

After schedule 4

Hugh Henry

162 After schedule 4 insert—

<SCHEDULE 4A
(introduced by section 50(1))

SECTION 49(2)(B): RELEVANT EVENTS ETC.

1 For the purpose of section 49(2)(b)—

(a) relevant events are the events specified in the left-hand column of the following table; and

(b) the prescribed information, in relation to a relevant event, is the information in the right-hand column of that table opposite the event.

Table

Relevant event Prescribed information
A change of any of the names of the person against whom the football banning order is made The change of name
The first use by that person, after the making of the order, of a name for himself or herself which was not disclosed by that person at the time of the making of the order The newly used name
A change of that person’s home address The new home address
The acquisition by that person of a temporary address The temporary address
A change of that person’s temporary address or that person’s ceasing to have one The new temporary address or, as the case may be, the fact that the person has ceased to have a temporary address
The loss of that person’s passport That fact
That person’s ceasing to have a passport That fact
Receipt by that person of a new passport The details of the passport
An application made by that person under section 53 for variation of the order That fact
An application made by that person under section 54 for termination of the order That fact
An appeal made by that person in relation to the order That fact

2 In the table in paragraph 1—

"details", in relation to a passport, means—

(a) the number of the passport;

(b) the dates of issue and expiry of the passport;

(c) the name and date of birth given in the passport as being those of the passport holder;

"home address", in relation to a person, means the address of the person’s sole or main residence; "loss" includes theft or destruction; "new", in relation to a passport, includes replacement;

"temporary address", in relation to a person, means the address (other than the person’s home address) of a place at which the person intends to reside, or has resided, for a period of at least 4 weeks.>

Section 53

Hugh Henry

163 In section 53, page 28, line 21, leave out subsections (1) and (2)

Hugh Henry

164 In section 53, page 28, line 28, at beginning insert <The appropriate court may,>

Hugh Henry

165 In section 53, page 28, line 28, leave out <an appropriate sheriff may>

Hugh Henry

166 In section 53, page 28, line 29, leave out <the> and insert <a>

Hugh Henry

167 In section 53, page 28, line 35, leave out <or, as the case may be, sheriff>

Hugh Henry

168 In section 53, page 28, line 38, at end insert—

<( ) the chief constable of the police force in the area of which the person subject to the order resides;

( ) a chief constable who believes that that person is in or is intending to come to the area of the chief constable’s police force;>

Hugh Henry

169 In section 53, page 29, line 1, at beginning insert <where the order was made under section 48,>

Hugh Henry

170 In section 53, page 29, line 1, leave out <football banning>

Hugh Henry

171 In section 53, page 29, line 1, at end insert—

<(5A) In subsection (3), "the appropriate court" means—

(a) where the football banning order was made under section 47, the court which made the order;

(b) where the football banning order was made under section 48, an appropriate sheriff.>

Hugh Henry

172 In section 53, page 29, line 2, leave out <(3)> and insert <(5A)>

Section 54

Hugh Henry

173 In section 54, page 29, line 19, after second <application> insert <under that subsection>

Hugh Henry

174 In section 54, page 29, line 22, leave out from <means> to <sheriff> in line 27

Section 55

Hugh Henry

175 In section 55, page 29, line 31, leave out <enforcing> and insert <football banning orders>

Hugh Henry

176 In section 55, page 30, line 1, leave out from second <a> to <requirements> in line 2 and insert <or varies a football banning order>

Hugh Henry

177 In section 55, page 30, line 5, leave out <enforcing> and insert <football banning orders>

Hugh Henry

178 In section 55, page 30, line 11, leave out <enforcing> and insert <football banning orders>

Section 56

Hugh Henry

179 In section 56, page 30, line 16, at end insert—

<( ) a declaration made under section 47;>

Hugh Henry

180 In section 56, page 30, line 18, at end insert—

<(1A) Subsection (1B) applies where a football banning order made under section 47 is quashed on appeal.

(1B) Where the High Court of Justiciary does not specify, as a reason for quashing the order, that the court which made the order erred in holding that the offence in respect of which the order was made was one to which section 47(4) applied, the High Court may, in addition to any other order which it makes, make a declaration that the offence was one to which that section applied.>

Section 57

Hugh Henry

181 In section 57, page 30, line 39, leave out <enforcing> and insert <football banning orders>

Hugh Henry

182 In section 57, page 31, line 4, leave out <enforcing> and insert <football banning orders>

Hugh Henry

183 In section 57, page 31, line 19, leave out <enforcing> and insert <football banning orders>

Section 59

Hugh Henry

184 In section 59, page 32, line 7, leave out <enforcing> and insert <football banning orders>

Section 60

Hugh Henry

185 In section 60, page 32, line 20, leave out <enforcing> and insert <football banning orders>

Hugh Henry

186 In section 60, page 32, line 31, leave out <enforcing> and insert <football banning orders>

Hugh Henry

187 In section 60, page 32, line 33, at end insert—

<( ) Where a constable makes an order under this section without referring the question of whether to do so to the football banning orders authority, the constable must give notice in writing of that fact to the football banning orders authority as soon as is reasonably practicable.>

Section 61

Hugh Henry

188 In section 61, page 32, line 35, leave out <enforcing> and insert <football banning orders>

Hugh Henry

189 In section 61, page 33, line 1, leave out <enforcing> and insert <football banning orders>

Hugh Henry

190 In section 61, page 33, line 2, leave out from <after> to <so> in line 3

Hugh Henry

191 In section 61, page 33, line 4, at end insert—

<( ) An appeal under subsection (3) may be made only after the aggrieved person has given notice in writing of the intention to do so to—

(a) in the case of an appeal against a refusal by the football banning orders authority, that authority;

(b) in the case of an appeal against a refusal by a constable, the constable and the football banning orders authority.>

Section 64

Hugh Henry

192 In section 64, page 33, line 37, leave out subsection (1) and insert—

<(1) A person who fails to comply with any requirement imposed on the person—

(a) by a football banning order;(b) under section 57(1); or

(c) by a notice under section 57(4),

commits an offence.

(1A) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for failing to comply with the requirement.>

Hugh Henry

193 In section 64, page 34, line 1, leave out <(1)> and insert <(1)(a) or (c)>

Hugh Henry

194 In section 64, page 34, line 6, leave out subsection (3)

Hugh Henry

195 In section 64, page 34, line 8, leave out <(3)> and insert <(1)(b)>

Hugh Henry

196 In section 64, page 34, line 10, leave out subsections (5) and (6)

Section 65

Hugh Henry

197 In section 65, page 34, line 28, leave out <enforcing> and insert <football banning orders>

Hugh Henry

198 In section 65, page 34, line 32, leave out <enforcing> and insert <football banning orders>

Section 67

Hugh Henry

199 In section 67, page 36, line 18, at end insert <; and

( ) the words "not to make an order under subsection (1) above or" in subsection (3)(a)(ii) shall be ignored.>

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