Anti-social Behaviour, Crime and Policing Bill (HC Bill 7)

(a) a copy of a supervision order (or part of a supervision order) has
been given to a person under sub-paragraph (2) by virtue of a
requirement contained in the order, and

(b) the order is revoked, or amended in respect of that requirement,

5the original applicant must straight away give a copy of the revoking order,
or of so much of the order as amended as is relevant, to that person.

Part 3 Detention orders

Detention orders

14 (1) 10A detention order is an order that the person in respect of whom it is made
(“the defaulter”) be detained for a period specified in the order in whatever
youth detention accommodation the Secretary of State decides.

(2) The period specified under sub-paragraph (1) may not exceed the period of
3 months (not counting the day on which the order is made).

(3) 15In sub-paragraph (1) “youth detention accommodation” means—

(a) a secure training centre;

(b) a young offender institution;

(c) secure accommodation, as defined by section 23(12) of the Children
and Young Persons Act 1969.

(4) 20The function of the Secretary of State under sub-paragraph (1) is exercisable
concurrently with the Youth Justice Board.

(5) A person detained under a detention order is in legal custody.

Revocation of detention order

15 (1) Where a detention order is made, the original applicant or the defaulter may
25apply to a youth court to revoke it.

(2) If it appears to the court to be in the interests of justice to do so, having
regard to circumstances that have arisen since the detention order was
made, the court may grant an application under sub-paragraph (1) and
revoke the order accordingly.

(3) 30The circumstances referred to in sub-paragraph (2) include the conduct of
the defaulter.

(4) If an application under this paragraph is dismissed, the party by which the
dismissed application was made may make no further application under
this paragraph without—

(a) 35the consent of the court, or

(b) the agreement of the other party.

(5) A person making an application under this paragraph in relation to a
detention order made under paragraph 1 must before doing so consult any
youth offending team specified in the injunction under section 2(1) or, if
40none is specified, the local youth offending team within the meaning of
section 14.

(6) A person making an application under this paragraph in relation to a
detention order made under paragraph 12(4)(b) must before doing so
consult the youth offending team for the time being specified in the relevant
supervision order.

Section 86(2)

5SCHEDULE 3 Schedule to be inserted as Schedule 2A to the Housing Act 1985

Section 84A(9)

“Schedule 1 Absolute grounds for possession for anti-social behaviour: serious
offences

10Violent offences

1 Murder.

2 Manslaughter.

3 Kidnapping.

4 False imprisonment.

5 15An offence under any of the following sections of the Offences
against the Person Act 1861—

(a) section 4 (soliciting murder),

(b) section 16 (threats to kill),

(c) section 18 (wounding with intent to cause grievous bodily
20harm),

(d) section 20 (malicious wounding),

(e) section 21 (attempting to choke, suffocate or strangle in
order to commit or assist in committing an indictable
offence),

(f) 25section 22 (using chloroform etc. to commit or assist in the
committing of any indictable offence),

(g) section 23 (maliciously administering poison etc. so as to
endanger life or inflict grievous bodily harm),

(h) section 24 (maliciously administering poison etc. with
30intent to injure, aggrieve or annoy any other person),

(i) section 27 (abandoning or exposing children whereby life
is endangered or health permanently injured),

(j) section 28 (causing bodily injury by explosives),

(k) section 29 (using explosives etc. with intent to do grievous
35bodily harm),

(l) section 30 (placing explosives with intent to do bodily
injury),

(m) section 31 (setting spring guns etc. with intent to do
grievous bodily harm),

(n) section 38 (assault with intent to resist arrest),

(o) section 47 (assault occasioning actual bodily harm).

6 5An offence under any of the following sections of the Explosive
Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or
property),

(b) section 3 (attempt to cause explosion, or making or
10keeping explosive with intent to endanger life or
property),

(c) section 4 (making or possession of explosive under
suspicious circumstances).

7 An offence under section 1 of the Infant Life (Preservation) Act
151929 (child destruction).

8 An offence under section 1 of the Children and Young Persons Act
1933 (cruelty to children).

9 An offence under section 1 of the Infanticide Act 1938 (infanticide).

10 An offence under any of the following sections of the Public Order
20Act 1986—

(a) section 1 (riot),

(b) section 2 (violent disorder),

(c) section 3 (affray).

11 An offence under either of the following sections of the Protection
25from Harassment Act 1997—

(a) section 4 (putting people in fear of violence),

(b) section 4A (stalking involving fear of violence or serious
alarm or distress).

12 An offence under any of the following provisions of the Crime and
30Disorder Act 1998—

(a) section 29 (racially or religiously aggravated assaults),

(b) section 31(1)(a) or (b) (racially or religiously aggravated
offences under section 4 or 4A of the Public Order Act
1986),

(c) 35section 32 (racially or religiously aggravated harassment
etc.).

13 An offence under either of the following sections of the Female
Genital Mutilation Act 2003—

(a) section 1 (female genital mutilation),

(b) 40section 2 (assisting a girl to mutilate her own genitalia).

14 An offence under section 5 of the Domestic Violence, Crime and
Victims Act 2004 (causing or allowing the death of a child or
vulnerable adult).

Sexual offences

15 An offence under section 33A of the Sexual Offences Act 1956
(keeping a brothel used for prostitution).

16 An offence under section 1 of the Protection of Children Act 1978
5(indecent photographs of children).

17 An offence under section 160 of the Criminal Justice Act 1988
(possession of indecent photograph of a child).

18 An indictable offence under Part 1 of the Sexual Offences Act 2003
(sexual offences).

10Offensive weapons

19 An offence under either of the following sections of the Prevention
of Crime Act 1953—

(a) section 1 (prohibition of the carrying of offensive weapons
without lawful authority or reasonable excuse),

(b) 15section 1A (threatening with offensive weapon in public).

20 An offence under any of the following provisions of the Firearms
Act 1968—

(a) section 16 (possession of firearm with intent to endanger
life),

(b) 20section 16A (possession of firearm with intent to cause fear
of violence),

(c) section 17(1) (use of firearm to resist arrest),

(d) section 17(2) (possession of firearm at time of committing
or being arrested for offence specified in Schedule 1 to the
25Act of 1968),

(e) section 18 (carrying a firearm with criminal intent),

(f) section 19 (carrying a firearm in a public place),

(g) section 20 (trespassing with firearm),

(h) section 21 (possession of firearms by persons previously
30convicted of crime).

21 An offence under either of the following sections of the Criminal
Justice Act 1988—

(a) section 139 (having article with blade or point in public
place),

(b) 35section 139AA (threatening with article with blade or point
or offensive weapon).

Offences against property

22 An offence under any of the following sections of the Theft Act
1968—

(a) 40section 8 (robbery or assault with intent to rob),

(b) section 9 (burglary),

(c) section 10 (aggravated burglary).

23 An offence under section 1 of the Criminal Damage Act 1971
(destroying or damaging property).

24 An offence under section 30 of the Crime and Disorder Act 1998
(racially or religiously aggravated criminal damage).

Road traffic offences

25 Section 35 of the Offences against the Person Act 1861 (injuring
5persons by furious driving).

26 Section 12A of the Theft Act 1968 (aggravated vehicle-taking
involving an accident which caused the death of any person).

27 An offence under any of the following sections of the Road Traffic
Act 1988—

(a) 10section 1 (causing death by dangerous driving),

(b) section 1A (causing serious injury by dangerous driving),

(c) section 3A (causing death by careless driving when under
influence of drink or drugs).

Drug-related offences

28 15An offence under any of the following provisions of the Misuse of
Drugs Act 1971—

(a) section 4 (restriction of production and supply of
controlled drugs),

(b) section 5(3) (possession of controlled drugs with intent to
20supply),

(c) section 8(a) or (b) (occupiers etc. of premises to be
punishable for permitting unlawful production or supply
etc. of controlled drugs there).

29 An offence under section 6 of that Act (restrictions of cultivation of
25cannabis plant) where the cultivation is for profit and the whole or
a substantial part of the dwelling-house concerned is used for the
cultivation.

Inchoate offences

30 (1) An offence of attempting or conspiring the commission of an
30offence specified or described in this Schedule.

(2) An offence under Part 2 of the Serious Crime Act 2007
(encouraging or assisting) where the offence (or one of the
offences) which the person in question intends or believes would
be committed is an offence specified or described in this Schedule.

(3) 35An offence of aiding, abetting, counselling or procuring the
commission of an offence specified or described in this Schedule.

Scope of offences

31 Where this Schedule refers to offences which are offences under
the law of England and Wales and another country or territory, the
40reference is to be read as limited to the offences so far as they are
offences under the law of England and Wales.”

Section 96

SCHEDULE 4 ASB case reviews: supplementary provision

Part 1 Making and revising review procedures etc

5Consultation: local policing bodies

1 (1) In making and revising the review procedures, the relevant bodies in a local
government area must consult the local policing body for the relevant police
area.

(2) The “relevant police area” is the police area which consists of, or includes,
10the local government area.

Consultation: local providers of social housing

2 In making and revising the review procedures, the relevant bodies in a local
government area must consult such local providers of social housing as they
consider appropriate.

15Dissatisfaction with ASB case reviews

3 The review procedures must include provision about what is to happen
where an applicant is dissatisfied with the way in which the relevant bodies
have—

(a) dealt with an application for an ASB case review, or

(b) 20carried out an ASB case review.

Assessment and revision of review procedures

4 The review procedures must include provision about—

(a) the assessment of the effectiveness of those procedures, and

(b) the revision of those procedures.

25Part 2 Inclusion of local providers of social housing among relevant bodies

Co-option arrangements

5 (1) The responsible authorities in a local government area must make
arrangements (“co-option arrangements”) for the inclusion of local
30providers of social housing among the relevant bodies in that area.

(2) In this paragraph “responsible authorities” means—

(a) in relation to a local government area in England—

(i) the relevant district council or the unitary authority,

(ii) the chief officer of police for the police area which that local
35government area is within, and

(iii) each clinical commissioning group established under section
14V of the National Health Service Act 2006 whose area is
wholly or partly within that local government area;

(b) in relation to a local government area in Wales—

(i) 5the council for the area,

(ii) the chief officer of police for the police area which that local
government area is within, and

(iii) each Local Health Board whose area is wholly or partly
within that local government area.

10Part 3 ASB case reviews

Consultation and co-operation: local providers of social housing

6 (1) The relevant bodies in a local government area must consult such local
providers of social housing as they consider appropriate in carrying out ASB
15case reviews.

(2) The local providers of social housing must co-operate with the relevant
bodies in the local government area in any matters specified by the relevant
bodies that concern ASB case reviews.

Information

7 (1) 20The relevant bodies in a local government area may request any person to
disclose information for a purpose connected with the carrying out of an
ASB case review.

(2) If such a request is made to a person that exercises public functions, and that
person possesses the requested information in connection with the exercise
25of such functions, the person must (subject to sub-paragraph (4)) comply
with the request.

(3) If such a request is made to a person who is not required by sub-paragraph
(2) to disclose the requested information, the person may (subject to sub-
paragraph (4)) comply with the request.

(4) 30This paragraph does not require or authorise—

(a) a disclosure, in contravention of any provisions of the Data
Protection Act 1998, of personal data which are not exempt from
those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
35Investigatory Powers Act 2000.

(5) Subject to that, a disclosure under this paragraph does not breach—

(a) any obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
40imposed).

Part 4 General

Joint review procedures or co-option arrangements

8 (1) The relevant bodies in two or more local government areas—

(a) 5may jointly make review procedures applicable to those areas;

(b) must secure that such jointly-made review procedures are in place if
co-option arrangements applicable to those areas have been jointly
made under sub-paragraph (2).

(2) The responsible authorities in two or more local government areas—

(a) 10may jointly make co-option arrangements applicable to those areas;

(b) must secure that such jointly-made co-option arrangements are in
place if review procedures applicable to those areas have been jointly
made under sub-paragraph (1).

(3) In a case where review procedures or co-option arrangements are made
15jointly in accordance with this paragraph, a reference to any of the following
in section 96, section 97 or this Schedule is to be read accordingly—

(a) the relevant bodies (in the case of review procedures) or the
responsible authorities (in the case of co-option arrangements);

(b) the local government area or the relevant police area (in either case).

20Different review procedures or co-option arrangements for different parts of an area etc

9 (1) Review procedures may make different provision in relation to different
parts of a local government area.

(2) Review procedures or co-option arrangements made jointly in accordance
with paragraph 8 may make different provision in relation to—

(a) 25different local government areas to which the procedures or
arrangements are applicable, or

(b) different parts of such areas.

Section 113

SCHEDULE 5 Schedule to be inserted as Schedule 4B to the Police Act 1996

Section 64A

30“Schedule 1 “SCHEDULE 4B

The Police Remuneration Review Body

Interpretation

1 35In this Schedule “review body” means the Police Remuneration
Review Body.

Members of the review body

2 The Secretary of State shall determine how many members the
review body should have and what kinds of experience the
members should possess.

3 5Members shall hold and vacate office in accordance with the terms
of their appointment.

4 Members shall adhere to any statement of principles issued by the
Secretary of State as to their conduct as members.

Resignation of members

5 (1) 10The chair of the review body may resign by giving written notice
to the Prime Minister.

(2) Resignation may be either—

(a) as chair, or

(b) as both chair and member.

6 (1) 15The deputy chair of the review body may resign by giving written
notice to the Secretary of State.

(2) Resignation may be either—

(a) as deputy chair, or

(b) as both deputy chair and member.

7 20A member other than the chair or deputy chair may resign by
giving written notice to the Secretary of State.

Dismissal of members

8 (1) The Prime Minister may by written notice dismiss the chair on the
ground that—

(a) 25the chair has been adjudged bankrupt, has been made the
subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors;

(b) in the opinion of the Prime Minister the chair is unable,
30unfit or unwilling to perform—

(i) the functions of chair, or

(ii) the functions of a member.

(2) Dismissal may be either—

(a) as chair, or

(b) 35as both chair and member (but only if sub-paragraph (1)(a)
or (b)(ii) applies).

9 (1) The Secretary of State may by written notice dismiss the deputy
chair on the ground that—

(a) the deputy chair has been adjudged bankrupt, has been
40made the subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors;

(b) in the opinion of the Secretary of State the deputy chair is
unable, unfit or unwilling to perform—

(i) the functions of deputy chair, or

(ii) the functions of a member.

(2) 5Dismissal may be either—

(a) as chair, or

(b) as both deputy chair and member (but only if sub-
paragraph (1)(a) or (b)(ii) applies).

10 The Secretary of State may by written notice dismiss a member
10other than the chair or deputy chair on the ground that—

(a) the member has been adjudged bankrupt, has been made
the subject of a debt relief order (under Part 7A of the
Insolvency Act 1986) or has made an arrangement with
creditors, or

(b) 15in the opinion of the Secretary of State the member is
unable, unfit or unwilling to perform the functions of a
member.

Procedure

11 (1) Subject to sub-paragraph (2), the review body shall determine its
20own procedure.

(2) The Secretary of State may give directions to the review body as to
its procedure, including in particular directions about—

(a) the persons from whom the review body is to obtain
evidence;

(b) 25the procedure for obtaining evidence.

(3) The validity of proceedings of the review body is not affected by—

(a) a vacancy in its membership (including a vacancy in the
position of chair);

(b) a defect in a person’s appointment.

30Matters to be considered

12 The Secretary of State may give directions to the review body
about the matters that it is to consider when making decisions.

Consultation

13 (1) The Secretary of State shall consult with the persons and bodies
35listed in sub-paragraph (2), and any others that the Secretary of
State thinks fit, before—

(a) making or revising a determination under paragraph 2;

(b) issuing or revising a statement of principles under
paragraph 4;

(c) 40giving or revising a direction under paragraph 11(2) or 12.

(2) The persons and bodies are—

(a) the Department of Justice in Northern Ireland;