My Lords, these are consequential amendments to debates that we have already had. Clause 130 creates a new offence of squatting in residential buildings, and I will explain the consequential amendment needed there. Rather oddly in the same grouping, Amendment 188B contains the transitional provisions for Clause 131, which deals with reasonable force for the purpose of self-defence. Amendment 188A amends the provision in the Police and Criminal Evidence Act 1984 to ensure that the police have the necessary powers to enter and search a residential building for the purpose of arresting someone for the new squatting offence.
Such an amendment is necessary because the offence that we are creating is summary only, which means that it can be tried only in the magistrates’ court. PACE does not normally provide the police with the powers to enter and search premises for a summary-only offence, unless a specific provision is included in Section 17(1)(c) of PACE. This amendment adds this specific provision to PACE.
The amendment to Clause 131 regarding self-defence makes transitional provision in relation to the amendments made to Section 76 of the Criminal Justice and Immigration Act 2008. The amendment will ensure that the amendments that we are making to that section can be applied retrospectively where appropriate, making matters simpler for the courts. The amendment to Clause 135 is minor and technical. I beg to move.
Amendment 188A agreed.
Clause 130, as amended, agreed.
Clause 131 : Reasonable force for the purposes of self-defence etc
Amendment 188B
Clause 131 : Reasonable force for the purposes of self-defence etc
Amendment 188B
Moved by
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Lord McNally
(Liberal Democrat)
in the House of Lords on Wednesday, 15 February 2012.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
735 c912-3 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-12-15 15:37:33 +0000
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