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| | Clause 123, page 95, line 29, at end insert— |
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| | | ‘(3A) | The Secretary of State shall from time to time publish guidance as to the quality |
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| | | standard of service expected under this section.’. |
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| | | Content of community remedy document |
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| | To move the following Clause:— |
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| | | ‘(1) | Each of the actions contained in a community remedy document must— |
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| | | (a) | consist of one or more of the elements within subsection (2), |
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| | | (b) | promote public confidence in the out of court disposal of any anti-social |
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| | | behaviour or offences capable of being dealt with under section 94. |
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| | | (2) | The elements within this subsection are— |
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| | | (a) | a punitive element reflecting the effects on the victim (if any) and the |
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| | | wider community of any anti-social behaviour or offences capable of |
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| | | being dealt with under section 94 in a manner proportionate to those |
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| | | (b) | a restorative element ensuring appropriate restitution to the victim (if |
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| | | any) and the wider community of any anti-social behaviour or offences |
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| | | capable of being dealt with under section 94. |
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| | | (3) | The Secretary of State shall from time to time publish guidance as to appropriate |
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| | | actions to be contained in a community remedy document. |
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| | | “anti-social behaviour” means behaviour capable of causing nuisance or |
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| | | “punitive element” includes any action which results in a loss of free time |
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| | | to the person carrying it out. |
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| | | “restorative action” includes an apology in writing. |
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| | | “victim” means a person affected or principally affected by any anti-social |
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| | | behaviour or offence capable of being dealt with under section 94. |
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| | | “the wider community” means those living, working or visiting the area for |
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| | | which the policing body has responsibility.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | It is an offence for a person to supply, or offer to supply, a psychoactive |
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| | | substance, including but not restricted to— |
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| | | (d) | a herbal substance with the appearance of cannabis, |
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| | | | which he knows, or has reasonable cause to believe, to be so acting, that the |
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| | | substance is likely to be consumed by a person for the purpose of causing |
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| | | (2) | A person guilty of an offence under this section shall be liable on summary |
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| | | conviction to imprisonment for a term not exceeding six months or to a fine not |
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| | | exceeding level 5 on the standard scale. |
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| | | (3) | This section does not apply to alcohol, tobacco, or any drug currently scheduled |
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| | | under the Misuse of Drugs Act 1971 or the Medicines Act 1968. |
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| | | Review of effect of legal highs on anti-social behaviour |
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| | To move the following Clause:— |
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| | | ‘The Secretary of State shall carry out a review no more than 12 months following |
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| | | Royal Assent to this Act to assess the effect of legal psychoactive drugs on— |
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| | | (a) | anti-social behaviour offending rates; and |
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| | | (b) | NHS, policing and local authority resources dedicated to tackling anti- |
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| | To move the following Clause:— |
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| | | ‘(1) | Where an authorised officer has reasonable cause to believe that a dog is not |
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| | | under sufficient control and requires greater control in any place, as a |
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| | | preventative measure to protect the public, the dog itself, or another protected |
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| | | animal, he or she may serve on the owner, and if different, person for the time |
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| | | being in charge of the dog a written control notice which— |
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| | | (a) | states that he or she is of that belief; |
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| | | (b) | specifies the respects in which he or she believes the owner, and if |
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| | | different, the person for the time being in charge of the dog is failing to |
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| | | keep the dog under sufficient control; |
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| | | (c) | specifies the steps he or she requires the owner, and if different, the |
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| | | person for the time being in charge of the dog to take in order to comply |
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| | | (d) | specifies the date by which the terms of the notice must be complied with; |
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| | | (e) | specifies the date that the notice expires which will not be for a period |
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| | | which exceeds six months. |
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| | | (2) | In a control notice pursuant to subsection (1)(c) an authorised officer must require |
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| | | a dog to be microchipped (if not already done so) and the owner, and if different, |
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| | | the person for the time being in charge of the dog, register the dog with a |
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| | | microchip database, and may require the following steps, where appropriate, but |
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| | | (a) | keeping the dog muzzled as directed; |
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| | | (b) | keeping the dog on a lead when in public or under control as directed; |
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| | | (c) | requiring the owner, and if different, the person for the time being in |
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| | | charge of the dog, to seek and implement expert advice about training and |
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| | | (d) | having the dog neutered where appropriate; and |
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| | | (e) | keeping the dog away from particular places or persons. |
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| | | (3) | Failure to comply with the steps required in a control notice within the time |
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| | | period specified, to the satisfaction of the authorised officer may lead to a |
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| | | complaint to a Magistrates Court under section 2 of the Dogs Act 1871. |
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| | | (4) | The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner, |
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| | | and if different, the person for the time being in charge of a dog fails to comply |
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| | | with the steps required in a control notice within the time period specified in |
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| | | accordance with subsection (3) above as they would apply if a dog was dangerous |
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| | | and not kept under proper control. |
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| | | (5) | An “authorised officer” is a person that has been appointed by the local authority |
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| | | or police for the purposes of this Act. |
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| | | (6) | A “protected animal” is one that is commonly domesticated in the British Islands, |
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| | | is under the control of man whether on a permanent or temporary basis, or is not |
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| | | living in a wild state.’. |
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| | | Firearms licences—assessing public safety |
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| To move the following Clause:— |
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| | | ‘(1) | The Firearms Act 1968 is amended as follows. |
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| | | (2) | After section 28A (Certificates: supplementary) insert— |
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| | | “28B Assessing public safety |
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| | | (1) | When assessing the threat to public safety under sections 27, 28, 30A, |
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5 | | 30B or 30C the Chief Police Officer must ensure that a range of |
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| | | background checks are performed. |
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| | | (2) | Where these checks uncover substantiated evidence of violent conduct, |
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| | | domestic violence, mental illness or drug or alcohol abuse, the |
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| | | presumption is that the Chief Police Officer should refuse the licence |
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10 | | application unless exceptional evidence can be brought forward by the |
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| | | applicant as to their suitability to possess a weapon. |
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| | | (3) | When assessing public safety within this section the Chief Police Officer |
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| | | must follow any guidance issued by the Secretary of State.”.’. |
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| | | As an Amendment to Mr David Hanson’s proposed New Clause (Firearms licences— |
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| | | assessing public safety) (NC5):— |
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| Line 6, at end insert— |
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| | | ‘(1A) | Background checks under subsection (1) must include, so far as practicable, |
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| | | consultation with current and former partners of the applicant.’. |
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| | | Firearms: power of Secretary of State to alter fees |
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| | | To move the following Clause:— |
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| | | ‘(1) | Section 113 of the Firearms Act 1968 (power of Secretary of State to alter fees) |
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| | | (2) | After subsection (1) insert— |
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| | | “(1A) | Before making an order under this section the Secretary of State must |
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| | | consult with chief police officers to ensure the level of fees collected by |
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| | | the police under sections 32 and 35 are sufficient for the police to recoup |
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| | | the costs they incur through the administration and assessment of |
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| | | firearms licences made under this Act.”.’. |
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| | | ORDER OF THE HOUSE [10 June 2013] |
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| | | That the following provisions shall apply to the Anti-social Behaviour, Crime and |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Tuesday 16 July 2013. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on Consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of Lords Amendments or on any further messages from the |
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| | | Lords) may be programmed. |
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| | | Order of the Committee [18 June 2013] |
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| | | (1) | the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 18 |
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| | | (a) | at 2.00 pm on Tuesday 18 June; |
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| | | (b) | at 11.30 am and 2.00 pm on Thursday 20 June; |
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| | | (c) | at 8.55 am and 2.00 pm on Tuesday 25 June; |
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| | | (d) | at 11.30 am and 2.00 pm on Thursday 27 June; |
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| | | (e) | at 8.55 am and 2.00 pm on Tuesday 2 July; |
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| | | (f) | at 11.30 am and 2.00 pm on Thursday 4 July; |
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| | | (g) | at 8.55 am and 2.00 pm on Tuesday 9 July; |
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| | | (h) | at 11.30 am and 2.00 pm on Thursday 11 July. |
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| | | (i) | at 8.55 am and 2.00 pm on Tuesday 16 July. |
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| | | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | | | | | | | | | | Police Superintendents’ Association of |
| | | | | | | | | | | | | | Police Federation of England and Wales |
| | | | | | | Independent Police Complaints |
| | | | | | | | | | | | | | Local Government Association;
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| | | | | | | Social Landlords Crime and Nuisance |
| | | | | | | | | | | | | | Chartered Institute of Housing;
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| | | | | | | Standing Committee on Youth Justice |
| | | | | | | | | | | | | | John Randall, Independent Chair of the |
| | | | | | | Police Negotiating Board and Police |
| | | | | | | Advisory Board for England and Wales |
| | | | | | | Association of Police and Crime |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Fair Trials International |
| | | | | | | | | | | | | | | | | | | | | | | | | | | | Royal Society for the Prevention of |
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