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

(i) the day after the end of the previous review period, or

(ii) if during that period of 12 months the order is varied under
section 26, the day on which it is varied (or most recently varied,
20if the order is varied more than once).

(3) A review under this section must include consideration of—

(a) the extent to which the offender has complied with the order;

(b) the adequacy of any support available to the offender to help him or her
comply with it;

(c) 25any matters relevant to the question whether an application should be
made for the order to be varied or discharged.

(4) Those carrying out or participating in a review under this section must have
regard to any guidance issued by the Secretary of State when considering—

(a) how the review should be carried out;

(b) 30what particular matters the review should deal with;

(c) what action (if any) it would be appropriate to take as a result of the
findings of the review.

28 Carrying out and participating in reviews

(1) A review under section 27 is to be carried out by the chief officer of police of
35the police force maintained for the police area in which the offender lives or
appears to be living.

(2) The chief officer, in carrying out a review under section 27, must act in co-
operation with the council for the local government area in which the offender
lives or appears to be living; and the council must co-operate in the carrying
40out of the review.

(3) The chief officer may invite the participation in the review of any other person
or body.

(4) In this section “local government area” means—

(a) in relation to England, a district or London borough, the City of
London, the Isle of Wight and the Isles of Scilly;

(b) in relation to Wales, a county or a county borough.

For the purposes of this section, the council for the Inner and Middle Temples
5is the Common Council of the City of London.

Breach of orders

29 Breach of order

(1) A person who without reasonable excuse—

(a) does anything he or she is prohibited from doing by a criminal
10behaviour order, or

(b) fails to do anything he or she is required to do by a criminal behaviour
order,

commits an offence.

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

(a) 15on summary conviction, to imprisonment for a period not exceeding 6
months or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a period not
exceeding 5 years or to a fine, or to both.

(3) If a person is convicted of an offence under this section, it is not open to the
20court by or before which the person is convicted to make an order under
subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing)
Act 2000 (conditional discharge).

(4) In proceedings for an offence under this section, a copy of the original criminal
behaviour order, certified by the proper officer of the court which made it, is
25admissible as evidence of its having been made and of its contents to the same
extent that oral evidence of those things is admissible in those proceedings.

(5) In relation to any proceedings for an offence under this section that are brought
against a person under the age of 18—

(a) section 49 of the Children and Young Persons Act 1933 (restrictions on
30reports of proceedings in which children and young persons are
concerned) does not apply in respect of the person;

(b) section 45 of the Youth Justice and Criminal Evidence Act 1999 (power
to restrict reporting of criminal proceedings involving persons under
18) does so apply.

(6) 35If, in relation to any proceedings mentioned in subsection (5), the court does
exercise its power to give a direction under section 45 of the Youth Justice and
Criminal Evidence Act 1999, it must give its reasons for doing so.

Supplemental

30 Special measures for witnesses

(1) 40Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(special measures directions in the case of vulnerable and intimidated
witnesses) applies to criminal behaviour order proceedings as it applies to
criminal proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (2)
(which make provision appropriate only in the context of criminal
proceedings), and

(b) any other necessary modifications.

(2) 5The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) section 27(10);

(e) 10section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
apply to criminal behaviour order proceedings—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) 15Section 47 of that Act (restrictions on reporting special measures directions etc)
applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) 20In this section “criminal behaviour order proceedings” means proceedings in a
magistrates’ court or the Crown Court so far as relating to the issue whether to
make a criminal behaviour order.

31 Saving and transitional provision

(1) The repeal or amendment by this Act of provisions about any of the orders
25specified in subsection (2) does not—

(a) prevent an order specified in that subsection from being made in
connection with criminal proceedings begun before the
commencement day;

(b) apply in relation to an order specified in that subsection which is made
30in connection with criminal proceedings begun before that day;

(c) apply in relation to anything done in connection with such an order.

(2) The orders are—

(a) an order under section 1C of the Crime and Disorder Act 1998 (orders
on conviction in criminal proceedings);

(b) 35an individual support order under section 1AA of that Act made in
connection with an order under section 1C of that Act;

(c) a drinking banning order under section 6 of the Violent Crime
Reduction Act 2006 (orders on conviction in criminal proceedings).

(3) As from the commencement day there may be no variation of an order
40specified in subsection (2) that extends the period of the order or of any
provision of the order.

(4) At the end of the period of 5 years beginning with the commencement day—

(a) this Part has effect in relation to any order specified in subsection (2)
that is still in force as if the provisions of the order were provisions of a
45criminal behaviour order;

(b) subsections (1) to (3) cease to have effect.

This Part, as it applies by virtue of paragraph (a), has effect with any necessary
modifications (and with any modifications specified in an order under section
141(6)).

(5) 5In deciding whether to make a criminal behaviour order a court may take
account of conduct occurring up to 1 year before the commencement day.

(6) In this section “commencement day” means the day on which this Part comes
into force.

Part 3 10Dispersal powers

32 Authorisations to use powers under section 33

(1) A police officer of at least the rank of inspector may authorise the use in a
specified locality, during a specified period of not more than 48 hours, of the
powers given by section 33.

15“Specified” means specified in the authorisation.

“Specified” means specified in the authorisation.

(2) An officer may give such an authorisation only if the officer considers that the
condition in subsection (3) is met.

(3) The condition is that the use of those powers in the locality during that period
20may be necessary for the purpose of removing or reducing the likelihood of—

(a) members of the public in the locality being harassed, alarmed or
distressed, or

(b) the occurrence in the locality of crime or disorder.

(4) An authorisation under this section—

(a) 25must be in writing,

(b) must be signed by the officer giving it, and

(c) must specify the grounds on which it is given.

33 Directions excluding a person from an area

(1) If the conditions in subsections (2) and (3) are met and an authorisation is in
30force under section 32, a constable in uniform may direct a person who is in a
public place in the locality specified in the authorisation—

(a) to leave the locality (or part of the locality), and

(b) not to return to the locality (or part of the locality) for the period
specified in the direction (“the exclusion period”).

(2) 35The first condition is that the constable has reasonable grounds to suspect that
the behaviour of the person in the locality has contributed or is likely to
contribute to—

(a) members of the public in the locality being harassed, alarmed or
distressed, or

(b) 40the occurrence in the locality of crime or disorder.

(3) The second condition is that the constable considers that giving a direction to
the person is necessary for the purpose of removing or reducing the likelihood
of the events mentioned in subsection (2)(a) or (b).

(4) The exclusion period may not exceed 48 hours.

The period may expire after (as long as it begins during) the period specified
in the authorisation under section 32.

The period may expire after (as long as it begins during) the period specified
5in the authorisation under section 32.

(5) A direction under this section—

(a) must be given in writing, unless that is not reasonably practicable;

(b) must specify the area to which it relates;

(c) may impose requirements as to the time by which the person must
10leave the area and the manner in which the person must do so
(including the route).

(6) The constable must (unless it is not reasonably practicable) tell the person to
whom the direction is given that failing without reasonable excuse to comply
with the direction is an offence.

(7) 15If the constable reasonably believes that the person to whom the direction is
given is under the age of 16, the constable may remove the person to a place
where the person lives or a place of safety.

(8) Any constable may withdraw or vary a direction under this section; but a
variation must not extend the duration of a direction beyond 48 hours from
20when it was first given.

(9) Notice of a withdrawal or variation of a direction—

(a) must be given to the person to whom the direction was given, unless
that is not reasonably practicable, and

(b) if given, must be given in writing unless that is not reasonably
25practicable.

(10) In this section “public place” means a place to which at the material time the
public or a section of the public has access, on payment or otherwise, as of right
or by virtue of express or implied permission.

(11) In this Part “exclusion period” has the meaning given by subsection (1)(b).

34 30Restrictions

(1) A constable may not give a direction under section 33 to a person who appears
to the constable to be under the age of 10.

(2) A constable may not give a direction under section 33 that prevents the person
to whom it is given having access to a place where the person lives.

(3) 35A constable may not give a direction under section 33 that prevents the person
to whom it is given attending at a place which the person is—

(a) required to attend for the purposes of the person’s employment, or a
contract of services to which the person is a party,

(b) required to attend by an obligation imposed by or under an enactment
40or by the order of a court or tribunal, or

(c) expected to attend for the purposes of education or training or for the
purposes of receiving medical treatment,

at a time when the person is required or expected (as the case may be) to attend
there.

(4) 45A constable may not give a direction to a person under section 33 if the person
is one of a group of persons who are—