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

(i) for “a public place” there is substituted “any place in England or
Wales (whether or not a public place)”;

(ii) after “injures any person” there is inserted “or assistance dog”;

(b) after subsection (1) there is inserted—

“(1A) 5A person (“D”) is not guilty of an offence under subsection (1)
in a case which is a householder case.

(1B) For the purposes of subsection (1A) “a householder case” is a
case where—

(a) the dog is dangerously out of control while in or partly
10in a building, or part of a building, that is a dwelling or
is forces accommodation (or is both), and

(b) at that time—

(i) the person in relation to whom the dog is
dangerously out of control (“V”) is in, or is
15entering, the building or part as a trespasser, or

(ii) D (if present at that time) believed V to be in, or
entering, the building or part as a trespasser.

Section 76(8B) to (8F) of the Criminal Justice and Immigration
Act 2008 (use of force at place of residence) apply for the
20purposes of this subsection as they apply for the purposes of
subsection (8A) of that section (and for those purposes the
reference in section 76(8D) to subsection (8A)(d) is to be read as
if it were a reference to paragraph (b)(ii) of this subsection).”;

(c) subsection (3) is repealed;

(d) 25in subsection (4)—

(i) the words “or (3)” are omitted;

(ii) for “either of those subsections” there is substituted “that
subsection”.

(3) In section 4 (destruction and disqualification orders), the words “or (3)” are
30omitted in both places where they occur in subsection (1).

(4) In section 4A (contingent destruction orders)—

(a) in subsection (1)(a) the words “or (3)” are omitted;

(b) in subsection (4) the words “or (3)” are omitted.

(5) In section 5 (seizure, entry of premises and evidence)—

(a) 35in subsection (1)(c), for “one” there is substituted “a dog”;

(b) after subsection (1) there is inserted—

“(1A) A constable or an officer of a local authority authorised by it to
exercise the powers conferred by this subsection may seize any
dog in a place in England or Wales which is not a public place,
40if the dog appears to the constable or officer to be dangerously
out of control.”

(6) In section 10 (interpretation)—

(a) in subsection (2), after the definition of “advertisement” there is
inserted—

• 45““assistance dog” has the meaning given by section 173(1)
  of the Equality Act 2010;”;

(b) in subsection (3)—

(i) after “injure any person” there is inserted “or assistance dog”;

(ii) after “injuring a person” there is inserted “or assistance dog”.

99 Whether a dog is a danger to public safety

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) 5In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

“(6A) A scheme under subsection (3) or (5) may in particular include
provision requiring a court to consider whether a person is a fit and
proper person to be in charge of a dog.”

(3) In section 4 (destruction and disqualification orders) after subsection (1A)
10there is inserted—

“(1B) For the purposes of subsection (1A)(a), when deciding whether a dog
would constitute a danger to public safety, the court—

(a) must consider—

(i) the temperament of the dog and its past behaviour, and

(ii) 15whether the owner of the dog, or the person for the time
being in charge of it, is a fit and proper person to be in
charge of the dog, and

(b) may consider any other relevant circumstances.”

(4) Section 4B (destruction orders otherwise than on a conviction) is amended as
20follows—

(a) in subsection (1), after “section 5(1) or (2) below” there is inserted “or in
exercise of a power of seizure conferred by any other enactment”;

(b) after subsection (2) there is inserted—

“(2A) For the purposes of subsection (2)(a), when deciding whether a
25dog would constitute a danger to public safety, the justice or
sheriff—

(a) must consider—

(i) the temperament of the dog and its past
behaviour, and

(ii) 30whether the owner of the dog, or the person for
the time being in charge of it, is a fit and proper
person to be in charge of the dog, and

(b) may consider any other relevant circumstances.”

Part 8 35Firearms

100 Offence of possessing firearm for supply etc

(1) The Firearms Act 1968 is amended as follows.

(2) In section 5 (which includes, in subsections (1) and (1A), offences of
unauthorised possession etc of prohibited weapons and ammunition)—

(a) 40in subsection (1) the words “, or manufactures, sells or transfers” are
omitted;

(b) in subsection (1A) the words “or sells or transfers” are omitted.

(3) After subsection (2) of that section there is inserted—

“(2A) A person commits an offence if, without the authority of the Secretary
of State or the Scottish Ministers (by virtue of provision made under
section 63 of the Scotland Act 1998)—

(a) 5he manufactures any weapon or ammunition specified in
subsection (1) of this section,

(b) he sells or transfers any prohibited weapon or prohibited
ammunition,

(c) he has in his possession for sale or transfer any prohibited
10weapon or prohibited ammunition, or

(d) he purchases or acquires for sale or transfer any prohibited
weapon or prohibited ammunition.”

(4) In section 51A (minimum sentences for certain offences), in subsection (1A),
before paragraph (a) there is inserted—

“(za) 15section 5(2A) (manufacture, sale or transfer of firearm, or
possession etc for sale or transfer);”.

(5) In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of
punishments) the words “or distributing” are omitted in the entries for—

(a) section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),

(b) 20section 5(1)(b),

(c) section 5(1A)(a), and

(d) section 5(1A)(b), (c), (d), (e), (f) or (g).

(6) In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or
(g) there is inserted—

101 25Increased penalty for improper importation of firearms etc

(1) The Customs and Excise Management Act 1979 is amended as follows.

(2) In section 50 (penalty for improper importation of goods), in subsection (5A)
(firearms and counterfeit currency etc), for the words after “shall have effect”
there is substituted “as if for the words “imprisonment for a term not exceeding
307 years” there were substituted the words “imprisonment for life””.

(3) In that section—

(a) in subsection (4), after “(5A),” there is inserted “(5AA),”;

(b) at the end of paragraph (a) of subsection (5A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) 35after that subsection there is inserted—

“(5AA) In the case of an offence under subsection (2) or (3) above
committed in connection with the prohibition contained in

section 20 of the Forgery and Counterfeiting Act 1981,
subsection (4)(b) above shall have effect as if for the words
“7 years” there were substituted the words “10 years”.”

(4) In section 170 (penalty for fraudulent evasion of duty or prohibition, etc), in
5subsection (4A) (firearms and counterfeit currency etc)—

(a) in paragraph (a), for “subsection (2) or (3)” there is substituted
“subsection (1) or (2)”;

(b) for the words after “shall have effect” there is substituted “as if for the
words “imprisonment for a term not exceeding 7 years” there were
10substituted the words “imprisonment for life””.

(5) In that section—

(a) in subsection (3), after “(4A),” there is inserted “(4AA),”;

(b) at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) 15after that subsection there is inserted—

“(4AA) In the case of an offence under subsection (1) or (2) above
committed in connection with the prohibitions contained in
sections 20 and 21 of the Forgery and Counterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words
20“7 years” there were substituted the words “10 years”.”

(6) In section 68 (offences in relation to exportation of prohibited or restricted
goods), in subsection (4A) (firearms and counterfeit currency etc)—

(a) in paragraph (a) the words “or (3)” are omitted”;

(b) for the words after “shall have effect” there is substituted “as if for the
25words “imprisonment for a term not exceeding 7 years” there were
substituted the words “imprisonment for life””.

(7) In that section—

(a) in subsection (3), after “(4A)” there is inserted “, (4AA)”;

(b) at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c) 30paragraph (c) of that subsection and the word “or” before it are omitted;

(d) after that subsection there is inserted—

“(4AA) In the case of an offence under subsection (2) above committed
in connection with the prohibition contained in section 21 of the
Forgery and Counterfeiting Act 1981, subsection (3)(b) above
35shall have effect as if for the words “7 years” there were
substituted the words “10 years”.”

102 British Transport Police: Crown status under Firearms Act 1968

(1) In section 54 of the Firearms Act 1968 (application to Crown servants), in
subsection (3), at the end of paragraph (d) there is inserted “, or

“(e) 40a member of the British Transport Police Force, or

(f) a person employed by the British Transport Police Authority
who is under the direction and control of the Chief Constable of
the British Transport Police Force.”

(2) The following are repealed—

(a) 45subsections (3A) and (3B) of section 54 of the Firearms Act 1968, and

(b) paragraph 9 of Schedule 7 to the Anti-terrorism, Crime and Security
Act 2001 (which inserted those subsections).

Part 9 Forced marriage

103 5Offence of breaching forced marriage protection order

(1) The Family Law Act 1996 is amended as follows.

(2) After section 63C there is inserted—

“63CA Offence of breaching order

(1) A person who without reasonable excuse does anything that the person
10is prohibited from doing by a forced marriage protection order is guilty
of an offence.

(2) In the case of a forced marriage protection order made by virtue of
section 63D(1), a person can be guilty of an offence under this section
only in respect of conduct engaged in at a time when the person was
15aware of the existence of the order.

(3) Where a person is convicted of an offence under this section in respect
of any conduct, that conduct is not punishable as a contempt of court.

(4) A person cannot be convicted of an offence under this section in respect
of any conduct which has been punished as a contempt of court.

(5) 20A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not
exceeding 12 months, or a fine, or both.

(6) 25A reference in any enactment to proceedings under this Part, or to an
order under this Part, does not include a reference to proceedings for
an offence under this section or to an order made in proceedings for
such an offence.

(7) “Enactment” includes an enactment contained in subordinate
30legislation within the meaning of the Interpretation Act 1978.”

(3) For subsections (1) to (3) of section 63E there is substituted—

“(1) In any case where the court has power to make a forced marriage
protection order, the court may accept an undertaking from the
respondent instead of making the order.

(2) 35But a court may not accept an undertaking under subsection (1) if it
appears to the court—

(a) that the respondent has used or threatened violence against the
person to be protected, and

(b) that, for the person’s protection, it is necessary to make a forced
40marriage protection order so that any breach of it by the
respondent may be punishable under section 63CA.”

(4) In section 63J(2), for “the order” there is substituted “a forced marriage
protection order”.

(5) The following are repealed—

(a) section 63G(6) and (7);

(b) 5section 63H;

(c) section 63I;

(d) section 63J(1);

(e) in section 63K(1) the words “under section 63I(3) or”;

(f) section 63L(4)(a).

(6) 10This section applies only in relation to conduct occurring on or after the day on
which it comes into force.

(7) In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003, the reference to 12 months in section
63CA(5)(b) of the Family Law Act 1996 (inserted by subsection (2) above) is to
15be read as a reference to six months.

104 Offence of forced marriage

(1) A person commits an offence if he or she—

(a) uses violence, threats or any other form of coercion for the purpose of
causing another person to enter into a marriage, and

(b) 20believes, or ought reasonably to believe, that the conduct may cause the
other person to enter into the marriage without free and full consent.

(2) A person commits an offence if he or she—

(a) practices any form of deception with the intention of causing another
person to leave the United Kingdom, and

(b) 25intends the other person to be subjected to conduct outside the United
Kingdom that is an offence under subsection (1) or would be an offence
under that subsection if the victim were in England or Wales.

(3) “Marriage” means any religious or civil ceremony of marriage (whether or not
legally binding).

(4) 30It is irrelevant whether the conduct mentioned in paragraph (a) of
subsection (1) is directed at the victim of the offence under that subsection or
another person.

(5) A person commits an offence under subsection (1) or (2) only if, at the time of
the coercion or deception—

(a) 35the person or the victim or both of them are in England or Wales,

(b) neither the person nor the victim is in England or Wales but at least one
of them is habitually resident in England and Wales, or

(c) neither the person nor the victim is in the United Kingdom but at least
one of them is a UK national.

(6) 40“UK national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject;
or

(c) 45a British protected person within the meaning of that Act.

(7) 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
57 years.

(8) In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003, the reference to 12 months in subsection (7)(a)
is to be read as a reference to six months.

Part 10 10Policing etc

College of Policing

105 Regulations to be prepared or approved by the College

(1) In section 50 of the Police Act 1996 (regulations for police forces), after
subsection (2) there is inserted—

“(2ZA) 15If the College of Policing submits to the Secretary of State draft
regulations with respect to any of the matters mentioned in subsection
(1)(a), (b), (c) or (g), the Secretary of State shall make regulations in
terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the
20police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(2ZB) The Secretary of State may not make regulations with respect to any of
the matters mentioned in subsection (1)(a), (b), (c) or (g) unless the text
25of the regulations has been prepared or approved by the College of
Policing.”

(2) In section 51 of that Act (regulations for special constables), after subsection (2)
there is inserted—

“(2ZA) If the College of Policing submits to the Secretary of State draft
30regulations with respect to—

(a) the ranks to be held by special constables,

(b) the qualifications for appointment and promotion of special
constables,

(c) periods of service on probation, or

(d) 35maintenance of personal records of special constables,

the Secretary of State shall make regulations in terms of the draft.

(2ZB) The duty in subsection (2ZA) does not apply if the Secretary of State
considers that—

(a) making regulations in terms of the draft would impair the
40efficiency or effectiveness of the police, or

(b) it would be unlawful to make regulations in those terms, or

(c) it would for some other reason be wrong to make regulations in
those terms.

(2ZC) The Secretary of State may not make regulations with respect to the
matters mentioned in subsection (2ZA) unless the text of the
regulations has been prepared or approved by the College of Policing.”

(3) In section 53A of that Act (regulation of procedures and practices)—

(a) 5after subsection (1) there is inserted—

“(1A) If the College of Policing, having consulted the National Crime
Agency, submits to the Secretary of State a draft of regulations
under this section, the Secretary of State shall make regulations
in terms of the draft unless the Secretary of State considers
10that—

(a) doing so would impair the efficiency or effectiveness of
the police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) 15The Secretary of State may not make regulations under this
section unless the text of the regulations has been prepared or
approved by the College of Policing.”;

(b) subsections (2), (3), (4), (6) and (7) are repealed.

(4) In section 63 of that Act (Police Advisory Board for England and Wales, etc), in
20subsection (3)(a), before “with respect to” there is inserted “to which section
50(2ZB) applies or regulations”.

(5) In section 97 of the Criminal Justice and Police Act 2001 (regulations about
police training etc)—

(a) after subsection (1) there is inserted—

“(1A) 25If the College of Policing submits to the Secretary of State a draft
of regulations under this section, the Secretary of State shall
make regulations in terms of the draft unless the Secretary of
State considers that—

(a) doing so would impair the efficiency or effectiveness of
30the police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) The Secretary of State may not make regulations under this
section unless the text of the regulations has been prepared or
35approved by the College of Policing.”;

(b) subsection (4) is repealed.

106 Codes of practice issued by the College

(1) Section 39A of the Police Act 1996 (codes of practice for chief officers) is
amended as follows.

(2) 40For subsection (1) there is substituted—

“(1) The College of Policing may, with the approval of the Secretary of State,
issue codes of practice relating to the discharge of their functions by
chief officers of police if the College considers that—

(a) it is necessary to do so in order to promote the efficiency and
45effectiveness of police forces generally,

(b) it is necessary to do so in order to facilitate the carrying out by
members of any two or more police forces of joint or co-
ordinated operations, or

(c) it is for any other reason in the national interest to do so.”

(3) 5In subsection (2), for “The Secretary of State may” there is substituted “The
College of Policing may, with the approval of the Secretary of State,”.

(4) For subsection (4) there is substituted—

“(4) The College of Policing shall consult with the National Crime Agency
before issuing or revising a code of practice under this section.”

(5) 10In subsection (5), for “him” there is substituted “the College of Policing”.

107 Guidance by the College about employment of civilian staff

After section 53D of the Police Act 1996 there is inserted—

“Civilian staff

53E Guidance about civilian staff employed by local policing bodies and
15chief officers

(1) In this section “relevant civilian staff” means individuals, other than
constables, who—

(a) are employed by a local policing body or a chief officer of police,
or

(b) 20provide services to a local policing body or a chief officer of
police, in pursuance of contractual arrangements but without
being employed by the body or officer, and can be expected to
have frequent contact with members of the public in the course
of doing so.

(2) 25The College of Policing may issue guidance to local policing bodies and
chief officers of police with regard to—

(a) the experience or qualifications to be expected of relevant
civilian staff;

(b) the training to be undertaken by such staff.

(3) 30The College may from time to time revise the whole or any part of any
guidance issued under this section.

(4) The College shall publish any guidance issued under this section and
any revision of it.

(5) In discharging any function to which guidance under this section
35relates, a local policing body or chief officer of police shall have regard
to the guidance.”

108 Power to give directions to the College

After section 40B of the Police Act 1996 there is inserted—

“40C Power to give directions to College of Policing

(1) The Secretary of State may give a direction to the College of Policing
5requiring it to exercise any particular function that is conferred on the
College by this Act or any other enactment.

(2) The College of Policing shall carry out such other duties for the purpose
of furthering the efficiency, effectiveness or integrity of the police as the
Secretary of State may from time to time direct.”

109 10Appointment of senior police officers as staff of the College

After section 100 of the Police Act 1996 there is inserted—

“100A Appointment of senior police officers as staff of College of Policing

(1) This section applies where a person who—

(a) holds the office of constable with a rank above that of chief
15superintendent, or

(b) hold that office and is eligible to be appointed to a rank above
that of chief superintendent,

is appointed as a member of the staff of the College of Policing.

(2) The person continues to hold the office of constable while a member of
20the staff of the College.

(3) On appointment—

(a) a person within subsection (1)(a) holds that office with same
rank that the person held immediately before appointment, or
with whatever higher rank the College decides;

(b) 25a person within subsection (1)(b) holds that office with
whatever rank, above that of chief superintendent, the College
decides.”

110 Disclosure of information to the College

After section 100A of the Police Act 1996 (inserted by section 109 above) there
30is inserted—

“100B Disclosure of information to College of Policing

A person who, apart from this section, would not have power to
disclose information to the College of Policing has power to do so
where the disclosure is made for the purposes of the exercise by the
35College of any of its functions.”

111 The College and the IPCC

In Part 2 of the Police Reform Act 2002 (complaints and misconduct), before
section 26C (inserted by section 11 of the Crime and Courts Act 2013) there is