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Policing and Crime Bill

This amendment seeks to amend Section 23(3) of the Misuse of Drugs Act 1971 and the amendments in this group are clarifying amendments. The Misuse of Drugs Act 1971 is the legislative vehicle by which we control dangerous or otherwise harmful drugs. Section 23(3) authorises a justice of the peace, or in Scotland a justice of the peace, a magistrate or sheriff, to grant a warrant to enter and search premises to any constable acting for the police area if they are satisfied that there are reasonable grounds for suspecting that a person is in unlawful possession of controlled drugs on the premises, or documents relating to an unlawful transaction in respect of such drugs are on the premises. Those with the powers of a constable, who are working for law enforcement agencies with national jurisdiction such as the Scottish Crime and Drugs Enforcement Agency, and the Serious Organised Crime Agency, do not act under the direct control of a chief constable in a particular police area. The amendment seeks to remove the phrase, ""acting for the police area in which the premises are situated"," from Section 23(3) of the 1971 Act as we wish to make it absolutely clear that people working for law enforcement agencies with national jurisdiction are nevertheless entitled to obtain a search warrant under Section 23(3) where the court is satisfied that the statutory criteria are met. This is important to ensure that these agencies can tackle serious organised crime associated with drug trafficking. The omission of these words will also make the position in England, Wales and Scotland consistent with that in Northern Ireland, where these words have already been omitted under Section 23(5) of the 1971 Act. This amendment is primarily a clarifying one. I beg to move.