Amendments 74 and 79 are probing amendments to find out what this schedule is intended to achieve. These provisions are very similar to those relating to closure orders for anti-social behaviour and drug offences. It is particularly important that they are proportionate. I share the concerns raised by the Joint Committee on Human Rights in relation to the previous group of amendments that the Bill’s wording is pretty wide. For example, new Section 136B(8) states that, ""it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed"."
That is extraordinary wording to have in a Bill in relation to an offence. All the officer has to have is "reasonable grounds". I would like the Minister to tell us what constitutes reasonable grounds. If it does not matter whether the officer believes that the offence has been committed or will be committed, what would constitute those grounds?
Amendment 79 seeks to remove the words in new Section 136D(10), ""it does not matter whether the court is satisfied that the offence or offences in question have been committed or that they will be committed"."
That is incredibly wide drafting. I beg to move.
Policing and Crime Bill
Proceeding contribution from
Baroness Miller of Chilthorne Domer
(Liberal Democrat)
in the House of Lords on Monday, 6 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Policing and Crime Bill.
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Proceeding contribution
Reference
712 c486 
Session
2008-09
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