Yes, you are absolutely correct. That is the provision to which that amendment would apply.
We are suggesting that instead of the phrase “is reasonable and proportional in the circumstances”, which is found in paragraph 25.1(8)(c), it would be “necessary”.
As I said in my opening remarks, there are two recommendations. One is that public officers themselves are the ones able to make this determination, and legally that's problematic. But then also is this bar of “reasonable and proportional” problematic. In our view, that's too low, and it should be raised to be “necessary”. If an officer can sort of go through a balancing and think, well, it might not be necessary, but it's reasonable, that's too low a bar. It must be necessary. As we've said, this is such an extraordinary power we are giving to law enforcement that we need to restrict it as much as possible.