Policing and Crime Bill

Amendment 152AKF 152AKF: Before Clause 75, insert the following new Clause— "Unlawful rendition and searching of aircraft After section 24B of the Aviation Security Act 1982 (c. 36) insert— "24C Police powers to search aeroplanes (1) If the Secretary of State has reason to believe that an aircraft that is in flight over the United Kingdom is or has recently been or may be involved in an act of unlawful rendition then he or she may require the aircraft to land at a suitable aerodrome. (2) If an aircraft is required to land in accordance with subsection (1), a responsible person must, as soon as practicable after the aircraft has landed, enter and search the aircraft. (3) The Secretary of State or a responsible person must enter and search an aircraft if he or she has reason to believe that— (a) an aircraft in an aerodrome is or has recently been or may be involved in an act of unlawful rendition; or (b) in respect of an aircraft in an aerodrome, incomplete or incorrect information under sections 32 and 33 of the Immigration, Asylum and Nationality Act 2006 has been supplied. (4) For the purposes of subsections (2) and (3), a search of an aircraft is to be carried out to determine if— (a) the aircraft has recently been, or may be, involved in an act of unlawful rendition; (b) a criminal offence has been committed; or (c) allowing the aircraft to continue on its journey could place the United Kingdom in breach of its obligations under the European Convention on Human Rights, but these powers may only be exercised when it is not reasonably practicable to apply for a warrant of entry in accordance with section 8 of the Police and Criminal Evidence Act 1984. (5) A person who carries out a search under this section may remove any items from the aircraft if it may be evidence of any of the matters set out in subsection (4). (6) In this section— "an act of unlawful rendition" means an act, not being in accordance with formal lawful extradition or deportation procedures, involving the forcible transportation of a person to a territory where he or she may be subjected to torture and inhuman and degrading treatment; "a responsible person" means— (a) the chief officer of police of a police force maintained for a police area in England and Wales; (b) the chief constable of a police force maintained under the Police (Scotland) Act 1967; (c) Chief Constable of the Police Service of Northern Ireland; (d) one of the Commissioners for HM Revenue and Customs; (e) a constable designated by any of the persons specified in paragraphs (a) to (c).""