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Lords amendments to the Anti-social Behaviour, Crime and Policing Bill


 
 

35

 
 

(5)    

For the purposes of the second condition, it does not matter

 

whether the officer believes that the offence or offences in

 

question have been committed or that they will be committed (or

 

will be committed unless a closure order is made).

 

(6)    

The third condition is that the officer is satisfied that reasonable

 

efforts have been made—

 

(a)    

to consult the local authority for the area in which the

 

premises are situated, and

 

(b)    

to establish the identity of any person who resides on the

 

premises or who has control of or responsibility for or an

 

interest in the premises.

 

(7)    

If the local authority has not been consulted when the notice is

 

issued, it must be consulted as soon as possible afterwards.

 

(8)    

An authorisation under subsection (1) may be given orally or in

 

writing, but if it is given orally the authorising officer must

 

confirm it in writing as soon as it is practicable.

 

(9)    

The issue of a closure notice may be authorised whether or not a

 

person has been convicted of any specified child sex offence that

 

the authorising officer believes has been committed.

 

(10)    

The Secretary of State may by regulations specify premises or

 

descriptions of premises to which this section does not apply.”

 

5    (1)  

Section 136C (contents and service of closure notice) is amended as

 

follows.

 

      (2)  

In subsection (1)(c), after “section 136B” there is inserted “or 136BA”.

 

      (3)  

In subsection (3)(d), after “section 136B(7)(b)” there is inserted “or

 

136BA(6)(b)”.

 

6    (1)  

Section 136D (power to make a closure order) is amended as follows.

 

      (2)  

In subsection (5), for “either subsection (6) or subsection (7) (or both)”

 

there is substituted “at least one of subsections (6), (7) and (7A)”.

 

      (3)  

After subsection (7) there is inserted—

 

“(7A)    

This subsection applies if—

 

(a)    

during the relevant period, the premises were used for

 

activities related to one or more specified child sex

 

offences, or

 

(b)    

the premises are likely to be used (unless a closure order

 

is made) for activities related to one or more specified

 

child sex offences.”

 

      (4)  

In subsection (8), for “subsections (6) and (7)” there is substituted

 

“subsections (6), (7) and (7A)(a)”.

 

      (5)  

In subsection (9), for “prostitution or pornography offences” there is

 

substituted “prostitution, pornography or child sex offences”.

 

      (6)  

In subsection (10)(a), after “section 136B(7)(b)” there is inserted “or

 

136BA(6)(b)”.

 

      (7)  

In subsection (12), for “prostitution or pornography offences” there is

 

substituted “prostitution, pornography or child sex offences”.


 
 

36

 
 

7          

In section 136H (applications for extension of closure order), in

 

subsection (4), for “prostitution or pornography offences” there is

 

substituted “prostitution, pornography or child sex offences”.

 

8          

In section 136I (orders extending closure orders), in subsection (2), for

 

“prostitution or pornography offences” there is substituted

 

“prostitution, pornography or child sex offences”.

 

9          

In section 136J (discharge of closure order), in subsection (3), for

 

“prostitution or pornography offences” there is substituted

 

“prostitution, pornography or child sex offences”.

 

10         

In section 136O (compensation), in subsection (5)(a), after “section 136B”

 

there is inserted “or 136BA”.

 

11  (1)  

Section 136R (interpretation) is amended as follows.

 

      (2)  

In subsection (2), after “section 136B” there is inserted “or 136BA”.

 

      (3)  

After subsection (14) there is inserted—

 

“(15)    

In the application of this Part to England and Wales, references to

 

specified pornography offences are to be ignored.

 

(16)    

“Specified child sex offence” means an offence listed in section

 

136A(3A).

 

(17)    

In the application of this Part to Northern Ireland, references to

 

specified child sex offences and to section 136BA are to be

 

ignored.””

Schedule 8

158

Page 173, line 6, at end insert—

 

    “( )  

In paragraph 1(5) (definition of examining officer) for “paragraph” there

 

is substituted “Schedule”.

 

      ( )  

In paragraph 2(2)(d), the words “(within the meaning of that Schedule)”

 

are omitted.”

159

Page 173, line 9, at end insert—

 

    “( )  

After paragraph 7 there is inserted—

 

“7A(1)  

This paragraph applies where a person detained under

 

Schedule 7 requests to consult a solicitor.

 

      (2)  

The examining officer may not question the detained person

 

under paragraph 2 or 3 of Schedule 7 until the person has

 

consulted a solicitor (or no longer wishes to do so).

 

      (3)  

Sub-paragraph (2) does not apply if the examining officer

 

reasonably believes that postponing the questioning until then

 

would be likely to prejudice determination of the relevant

 

matters.

 

      (4)  

The powers given by paragraph 8 of Schedule 7 (search

 

powers where a person is questioned under paragraph 2 of

 

Schedule 7) may be used when questioning is postponed

 

because of sub-paragraph (2).


 
 

37

 
 

      (5)  

The detained person is entitled to consult a solicitor in person.

 

      (6)  

Sub-paragraph (5) does not apply if the examining officer

 

reasonably believes that the time it would take to consult a

 

solicitor in person would be likely to prejudice determination

 

of the relevant matters.

 

      (7)  

In that case the examining officer may require any

 

consultation to take place in another way.

 

      (8)  

In this paragraph “the relevant matters” means the matters the

 

examining officer seeks to determine under paragraph 2 or 3

 

of Schedule 7.””

160

Page 173, line 18, at end insert—

 

    “( )  

After paragraph 16 there is inserted—

 

“16A (1)  

This paragraph applies where a person detained under

 

Schedule 7 requests to consult a solicitor.

 

      (2)  

The examining officer may not question the detained person

 

under paragraph 2 or 3 of Schedule 7 until the person has

 

consulted a solicitor (or no longer wishes to do so).

 

      (3)  

Sub-paragraph (2) does not apply if the examining officer

 

reasonably believes that postponing the questioning until then

 

would be likely to prejudice determination of the relevant

 

matters.

 

      (4)  

The powers given by paragraph 8 of Schedule 7 (search

 

powers where a person is questioned under paragraph 2 of

 

Schedule 7) may be used when questioning is postponed

 

because of sub-paragraph (2).

 

      (5)  

The detained person is entitled to consult a solicitor in person.

 

      (6)  

Sub-paragraph (5) does not apply if the examining officer

 

reasonably believes that the time it would take to consult a

 

solicitor in person would be likely to prejudice determination

 

of the relevant matters.

 

      (7)  

In that case the examining officer may require any

 

consultation to take place in another way.

 

      (8)  

In this paragraph “the relevant matters” means the matters the

 

examining officer seeks to determine under paragraph 2 or 3

 

of Schedule 7.””

161

Page 173, line 22, at end insert—

 

“( )    

in sub-paragraph (1), for “and” there is substituted “to”;”

162

Page 174, leave out lines 8 to 13 and insert—

 

“General requirements

 

20K(1)  

A person’s detention under Schedule 7 must be periodically reviewed by

 

a review officer.

 

      (2)  

The first review must be carried out before the end of the period of one

 

hour beginning with the person’s detention under that Schedule.


 
 

38

 
 

      (3)  

Subsequent reviews must be carried out at intervals of not more than

 

two hours.”

163

Page 174, line 21, leave out “paragraph” and insert “Part of this Schedule”

164

Page 174, line 31, at end insert—

 

    “( )  

The Secretary of State must under paragraph 6 of Schedule 14 issue a

 

code of practice about reviews under this Part of this Schedule.”

165

Page 174, line 33, at end insert—

 

“Representations

 

20L(1)  

Before determining whether to authorise a person’s continued

 

detention, a review officer must give either of the following persons an

 

opportunity to make representations about the detention—

 

(a)    

the detained person, or

 

(b)    

a solicitor representing the detained person who is available at

 

the time of the review.

 

      (2)  

Representations may be oral or written.

 

      (3)  

A review officer may refuse to hear oral representations from the

 

detained person if the officer considers that the detained person is unfit

 

to make representations because of the detained person’s condition or

 

behaviour.

 

Rights

 

20M(1)  

Where a review officer authorises continued detention the officer must

 

inform the detained person—

 

(a)    

of any of the detained person’s rights under paragraphs 6 and 7

 

which have not yet been exercised, and

 

(b)    

if the exercise of any of those rights is being delayed in

 

accordance with the provisions of paragraph 8, of the fact that it

 

is being delayed.

 

      (2)  

Where a review of a person’s detention is being carried out at a time

 

when the person’s exercise of a right under paragraph 6 or 7 is being

 

delayed—

 

(a)    

the review officer must consider whether the reason or reasons

 

for which the delay was authorised continue to subsist, and

 

(b)    

if in the review officer’s opinion the reason or reasons have

 

ceased to subsist, the review officer must inform the officer who

 

authorised the delay of that opinion (unless the review officer

 

was that officer).

 

      (3)  

In the application of this paragraph to Scotland, for the references to

 

paragraphs 6, 7 and 8 substitute references to paragraph 16.

 

Record

 

20N(1)  

A review officer carrying out a review must make a written record of the

 

outcome of the review and of any of the following which apply—

 

(a)    

the fact that the officer is satisfied that continued detention is

 

necessary for the purposes of exercising a power under

 

paragraph 2 or 3 of Schedule 7,


 
 

39

 
 

(b)    

the fact that the detained person has been informed as required

 

under paragraph 20M(1),

 

(c)    

the officer’s conclusion on the matter considered under

 

paragraph 20M(2)(a), and

 

(d)    

the fact that the officer has taken action under paragraph

 

20M(2)(b).

 

      (2)  

The review officer must inform the detained person whether the officer

 

is authorising continued detention, and if so that the officer is satisfied

 

that continued detention is necessary for the purposes of exercising a

 

power under paragraph 2 or 3 of Schedule 7.

 

      (3)  

Sub-paragraph (2) does not apply where the detained person is—

 

(a)    

incapable of understanding what is said,

 

(b)    

violent or likely to become violent, or

 

(c)    

in urgent need of medical attention.””

166

Page 174, line 33, at end insert—

 

“Codes of practice

 

    (1)  

Schedule 14 to the Terrorism Act 2000 (exercise of powers—codes of

 

practice etc) is amended as follows.

 

      (2)  

In paragraph 1, after ““officer” means” there is inserted “(subject to

 

paragraph 6A)”.

 

      (3)  

After paragraph 6 there is inserted—

 

“6A      

In paragraphs 5 and 6, “officer” includes a constable,

 

immigration officer or customs officer who—

 

(a)    

has functions under Schedule 7, or

 

(b)    

has functions under Schedule 8 in relation to a person

 

detained under Schedule 7,

 

            

otherwise than as an examining officer.””

After Schedule 8

167

Insert the following new Schedule—

 

“Powers of community support officers

 

Introduction

 

1          

Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community

 

support officers) is amended as follows.

 

Additional powers to issue fixed penalty notices

 

2    (1)  

In paragraph 1 (powers to issue fixed penalty notices), in sub-paragraph

 

(2)(b), for the words after “in respect of an offence” there is substituted

 

“listed in sub-paragraph (2B)”.

 

      (2)  

In sub-paragraph (2) of that paragraph, after paragraph (ca) there is

 

inserted—

 

“(cb)    

the power of an authorised officer of a borough council

 

to give a notice under section 15 of the London Local


 
 

40

 
 

Authorities Act 2004 in respect of an offence under

 

section 38(1) of the London Local Authorities Act 1990

 

or section 27(1) of the City of Westminster Act 1999

 

(unlicensed street trading);”.

 

      (3)  

After sub-paragraph (2A) of that paragraph there is inserted—

 

“(2B)  

The offences referred to in sub-paragraph (2)(b) are—

 

(a)    

an offence under section 72 of the Highway Act 1835

 

(riding on a footway) committed by cycling;

 

(b)    

an offence under section 5(1) or 8(1) of the Road Traffic

 

Regulation Act 1984 involving a contravention of a

 

prohibition or restriction that relates to—

 

(i)    

stopping, waiting or parking at or near a school

 

entrance,

 

(ii)    

one-way traffic on a road, or

 

(iii)    

lanes or routes for use only by cycles, only by

 

buses or only by cycles and buses;

 

(c)    

an offence under section 24 of the Road Traffic Act 1988

 

(more than one person on a one-person bicycle);

 

(d)    

an offence under section 35 of that Act (failing to

 

comply with traffic directions) committed by the rider

 

of a cycle;

 

(e)    

an offence under section 36 of that Act (failing to

 

comply with traffic signs) committed by the rider of a

 

cycle who fails to comply with the indication given by

 

a red traffic light;

 

(f)    

an offence under section 42 of that Act of contravening

 

or failing to comply with a construction or use

 

requirement about—

 

(i)    

lighting equipment or reflectors for cycles,

 

(ii)    

the use on a road of a motor vehicle in a way

 

that causes excessive noise,

 

(iii)    

stopping the action of a stationary vehicle’s

 

machinery,

 

(iv)    

the use of a vehicle’s horn on a road while the

 

vehicle is stationary or on a restricted road at

 

night, or

 

(v)    

opening a vehicle’s door on a road so as to

 

injure or endanger a person;

 

(g)    

an offence under section 163 of that Act (failing to stop

 

vehicle or cycle when required to do so by constable or

 

traffic officer).

 

      (4)  

After sub-paragraph (4) of that paragraph there is inserted—

 

  “(5)  

In this paragraph “cycle” has the same meaning as in the Road

 

Traffic Act 1988 (see section 192(1) of that Act).”

 

Powers to issue fixed penalty notices: consultation with local authorities

 

3          

In paragraph 1, after sub-paragraph (2B) (inserted by paragraph 2(3)

 

above) there is inserted—


 
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