Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 2 July 2013                     

87

 

Anti-social Behaviour, continued

 
 

New Clauses

 

Appointment of chief officers of police

 

Mr Jeremy Browne

 

NC9

 

To move the following Clause:—

 

‘(1)    

Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act

 

2011 (appointment of chief constables) is amended as follows.

 

(2)    

In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the United

 

Kingdom” there is substituted “is eligible for appointment”.

 

(3)    

After sub-paragraph (1) there is inserted—

 

“(1A)  

A person is eligible for appointment if the person is or has been—

 

(a)    

a constable in any part of the United Kingdom, or

 

(b)    

a police officer in an approved overseas police force, of at

 

least the approved rank.

 

    (1B)  

An “approved overseas police force” is a police force which—

 

(a)    

is in a country or territory outside the United Kingdom

 

designated by the College of Policing, and

 

(b)    

is designated in relation to that country or territory by the

 

College of Policing.

 

    (1C)  

The “approved rank” for an approved overseas police force is the rank

 

which is designated as the approved rank for that police force by the

 

College of Policing.

 

    (1D)  

The College of Policing must make designations under sub-

 

paragraphs (1B) and (1C), but must not do so without the approval of

 

the Secretary of State.”

 

(4)    

Section 42 of that Act (appointment of Commissioner of Police of the Metropolis)

 

is amended as follows.

 

(5)    

In subsection (3), for “is, or has been, a constable in any part of the United

 

Kingdom” there is substituted “is eligible for appointment”.

 

(6)    

After subsection (3) there is inserted—

 

“(3A)    

A person is eligible for appointment if the person is or has been—

 

(a)    

a constable in any part of the United Kingdom, or

 

(b)    

a police officer in an approved overseas police force, of at least

 

the approved rank.

 

(3B)    

An “approved overseas police force” is a police force which—

 

(a)    

is in a country or territory outside the United Kingdom

 

designated by the College of Policing, and

 

(b)    

is designated in relation to that country or territory by the College

 

of Policing.

 

(3C)    

The “approved rank” for an approved overseas police force is the rank

 

which is designated as the approved rank for that police force by the

 

College of Policing.


 
 

Public Bill Committee: 2 July 2013                     

88

 

Anti-social Behaviour, continued

 
 

(3D)    

The College of Policing must make designations under subsections (3B)

 

and (3C), but must not do so without the approval of the Secretary of

 

State.”’.

 


 

Retention of personal samples that are or may be disclosable

 

Mr Jeremy Browne

 

NC10

 

To move the following Clause:—

 

‘(1)    

In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and

 

samples etc: exclusions from destruction rules)—

 

(a)    

in subsection (5) (material that is or may become disclosable to the

 

defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted

 

“Sections 63D to 63T”;

 

(b)    

after that subsection there is inserted—

 

“(5A)    

A sample that—

 

(a)    

falls within subsection (5), and

 

(b)    

but for that subsection would be required to be destroyed

 

under section 63R,

 

    

must not be used other than for the purposes of any proceedings

 

for the offence in connection with which the sample was taken.

 

(5B)    

A sample that once fell within subsection (5) but no longer does,

 

and so becomes a sample to which section 63R applies, must be

 

destroyed immediately if the time specified for its destruction

 

under that section has already passed.”

 

(2)    

In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in

 

paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of

 

Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction

 

rules of material that is or may become disclosable to the defence)—

 

(a)    

for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A

 

material” there is substituted “Paragraphs 20A to 20H do not apply to

 

material”;

 

(b)    

at the end of that paragraph (which becomes sub-paragraph (1)) there is

 

inserted—

 

  “(2)  

A sample that—

 

(a)    

falls within sub-paragraph (1), and

 

(b)    

but for that sub-paragraph would be required to be

 

destroyed under paragraph 20G,

 

            

must not be used other than for the purposes of any

 

proceedings for the offence in connection with which the

 

sample was taken.

 

      (3)  

A sample that once fell within sub-paragraph (1) but no longer

 

does, and so becomes a sample to which paragraph 20G


 
 

Public Bill Committee: 2 July 2013                     

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Anti-social Behaviour, continued

 
 

applies, must be destroyed immediately if the time specified

 

for its destruction under that paragraph has already passed.”’.

 


 

Content of community remedy document

 

Stephen Phillips

 

Tracey Crouch

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

NC1

 

To move the following Clause:—

 

‘(1)    

Each of the actions contained in a community remedy document must—

 

(a)    

consist of one or more of the elements within subsection (2),

 

(b)    

promote public confidence in the out of court disposal of any anti-social

 

behaviour or offences capable of being dealt with under section 94.

 

(2)    

The elements within this subsection are—

 

(a)    

a punitive element reflecting the effects on the victim (if any) and the

 

wider community of any anti-social behaviour or offences capable of

 

being dealt with under section 94 in a manner proportionate to those

 

effects;

 

(b)    

a restorative element ensuring appropriate restitution to the victim (if

 

any) and the wider community of any anti-social behaviour or offences

 

capable of being dealt with under section 94.

 

(3)    

The Secretary of State shall from time to time publish guidance as to appropriate

 

actions to be contained in a community remedy document.

 

(4)    

In this section—

 

“anti-social behaviour” means behaviour capable of causing nuisance or

 

annoyance to any person.

 

“punitive element” includes any action which results in a loss of free time

 

to the person carrying it out.

 

“restorative action” includes an apology in writing.

 

“victim” means a person affected or principally affected by any anti-social

 

behaviour or offence capable of being dealt with under section 94.

 

“the wider community” means those living, working or visiting the area for

 

which the policing body has responsibility.’.

 



 
 

Public Bill Committee: 2 July 2013                     

90

 

Anti-social Behaviour, continued

 
 

Legal highs—offence

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

NC2

 

To move the following Clause:—

 

‘(1)    

It is an offence for a person to supply, or offer to supply, a psychoactive

 

substance, including but not restricted to—

 

(a)    

a powder;

 

(b)    

a pill;

 

(c)    

a liquid; or

 

(d)    

a herbal substance with the appearance of cannabis,

 

    

which he knows, or has reasonable cause to believe, to be so acting, that the

 

substance is likely to be consumed by a person for the purpose of causing

 

intoxication.

 

(2)    

A person guilty of an offence under this section shall be liable on summary

 

conviction to imprisonment for a term not exceeding six months or to a fine not

 

exceeding level 5 on the standard scale.

 

(3)    

This section does not apply to alcohol, tobacco, or any drug currently scheduled

 

under the Misuse of Drugs Act 1971 or the Medicines Act 1968.

 


 

Review of effect of legal highs on anti-social behaviour

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

NC3

 

To move the following Clause:—

 

‘The Secretary of State shall carry out a review no more than 12 months following

 

Royal Assent to this Act to assess the effect of legal psychoactive drugs on—

 

(a)    

anti-social behaviour offending rates; and

 

(b)    

NHS, policing and local authority resources dedicated to tackling anti-

 

social behaviour.’.

 



 
 

Public Bill Committee: 2 July 2013                     

91

 

Anti-social Behaviour, continued

 
 

Dog control notice

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

Julie Hilling

 

Huw Irranca-Davies

 

Luciana Berger

 

NC4

 

To move the following Clause:—

 

‘(1)    

Where an authorised officer has reasonable cause to believe that a dog is not

 

under sufficient control and requires greater control in any place, as a

 

preventative measure to protect the public, the dog itself, or another protected

 

animal, he or she may serve on the owner, and if different, person for the time

 

being in charge of the dog a written control notice which—

 

(a)    

states that he or she is of that belief;

 

(b)    

specifies the respects in which he or she believes the owner, and if

 

different, the person for the time being in charge of the dog is failing to

 

keep the dog under sufficient control;

 

(c)    

specifies the steps he or she requires the owner, and if different, the

 

person for the time being in charge of the dog to take in order to comply

 

with the notice;

 

(d)    

specifies the date by which the terms of the notice must be complied with;

 

and

 

(e)    

specifies the date that the notice expires which will not be for a period

 

which exceeds six months.

 

(2)    

In a control notice pursuant to subsection (1)(c) an authorised officer must require

 

a dog to be microchipped (if not already done so) and the owner, and if different,

 

the person for the time being in charge of the dog, register the dog with a

 

microchip database, and may require the following steps, where appropriate, but

 

is not limited to—

 

(a)    

keeping the dog muzzled as directed;

 

(b)    

keeping the dog on a lead when in public or under control as directed;

 

(c)    

requiring the owner, and if different, the person for the time being in

 

charge of the dog, to seek and implement expert advice about training and

 

behaviour for the dog;

 

(d)    

having the dog neutered where appropriate; and

 

(e)    

keeping the dog away from particular places or persons.

 

(3)    

Failure to comply with the steps required in a control notice within the time

 

period specified, to the satisfaction of the authorised officer may lead to a

 

complaint to a Magistrates Court under section 2 of the Dogs Act 1871.

 

(4)    

The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner,

 

and if different, the person for the time being in charge of a dog fails to comply

 

with the steps required in a control notice within the time period specified in

 

accordance with subsection (3) above as they would apply if a dog was dangerous

 

and not kept under proper control.

 

(5)    

An “authorised officer” is a person that has been appointed by the local authority

 

or police for the purposes of this Act.


 
 

Public Bill Committee: 2 July 2013                     

92

 

Anti-social Behaviour, continued

 
 

(6)    

A “protected animal” is one that is commonly domesticated in the British Islands,

 

is under the control of man whether on a permanent or temporary basis, or is not

 

living in a wild state.’.

 


 

Firearms licences—assessing public safety

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

Grahame M. Morris

 

NC5

 

To move the following Clause:—

 

‘(1)    

The Firearms Act 1968 is amended as follows.

 

(2)    

After section 28A (Certificates: supplementary) insert—

 

“28B Assessing public safety 

 

(1)    

When assessing the threat to public safety under sections 27, 28, 30A,

5

30B or 30C the Chief Police Officer must ensure that a range of

 

background checks are performed.

 

(2)    

Where these checks uncover substantiated evidence of violent conduct,

 

domestic violence, mental illness or drug or alcohol abuse, the

 

presumption is that the Chief Police Officer should refuse the licence

10

application unless exceptional evidence can be brought forward by the

 

applicant as to their suitability to possess a weapon.

 

(3)    

When assessing public safety within this section the Chief Police Officer

 

must follow any guidance issued by the Secretary of State.”.’.

 

As an Amendment to Mr David Hanson’s proposed New Clause (Firearms licences

 

assessing public safety) (NC5):—

 

Bridget Phillipson

 

(a)

 

Line  6,  at end insert—

 

‘(1A)    

Background checks under subsection (1) must include, so far as practicable,

 

consultation with current and former partners of the applicant.’.

 



 
 

Public Bill Committee: 2 July 2013                     

93

 

Anti-social Behaviour, continued

 
 

Firearms: power of Secretary of State to alter fees

 

Mr David Hanson

 

Gloria De Piero

 

Phil Wilson

 

Grahame M. Morris

 

NC6

 

To move the following Clause:—

 

‘(1)    

Section 43 of the Firearms Act 1968 (power of Secretary of State to alter fees) is

 

amended as follows.

 

(2)    

After subsection (1) insert—

 

“(1A)    

Before making an order under this section the Secretary of State must

 

consult with chief police officers to ensure the level of fees collected by

 

the police under sections 32 and 35 are sufficient for the police to recoup

 

the costs they incur through the administration and assessment of

 

firearms licences made under this Act.”.’.

 


 

Offence of arranging a marriage for immigration purposes

 

Richard Fuller

 

NC7

 

To move the following Clause:—

 

‘(1)    

A person commits an offence if he or she arranges a marriage primarily for the

 

purpose of facilitating the immigration into the United Kingdom of a party to the

 

marriage.

 

(2)    

A person guilty of an offence under this section is liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding 12

 

months or to a fine or both;

 

(b)    

on conviction on indictment, to imprisonment for a term not exceeding

 

seven years.’.

 


 

Requirement for review of alcohol licences where public spaces protection order is made

 

Gloria De Piero

 

Mr David Hanson

 

Phil Wilson

 

NC8

 

To move the following Clause:—

 

‘Where a local authority has made a public spaces protection order which

 

prohibits the consumption of alcohol, it must—

 

(a)    

inform all premises licensed to sell alcohol within the restricted area that

 

such an order has been issued;


 
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Revised 2 July 2013