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Policing and Crime Bill (HC Bill 3)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 3—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Theresa May has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:

In my view the provisions of the Policing and Crime Bill are compatible with the
Convention rights.

Contents

  1. Part 1

    Emergency services collaboration

    1. Chapter 1

      Collaboration agreements

      1. 1. Collaboration agreements

      2. 2. Duties in relation to collaboration agreements

      3. 3. Collaboration agreements: specific restrictions

      4. 4. Collaboration agreements: supplementary

    2. 5. Collaboration agreements: definitions

    3. Chapter 2

      Police and crime commissioners etc.: fire and rescue functions

      1. 6. Provision for police and crime commissioner to be fire and rescue authority

      2. 7. Involvement of police and crime commissioner in fire and rescue authority

      3. 8. Combined authority mayors: exercise of fire and rescue functions

    4. Chapter 3

      London Fire Commissioner

      1. 9. The London Fire Commissioner

      2. 10. Transfer of property, rights and liabilities to the London Fire Commissioner

  2. Part 2

    Police complaints, discipline and inspection

    1. Chapter 1

      Police complaints

      1. 11. Local policing bodies: functions in relation to complaints

      2. 12. Definition of police complaint

      3. 13. Duty to keep complainant and other interested persons informed

      4. 14. Complaints, conduct matters and DSI matters: procedure

      5. 15. Initiation of investigations by IPCC

      6. 16. IPCC power to require re-investigation

      7. 17. Sensitive information received by IPCC: restriction on disclosure

      8. 18. Investigations by IPCC: powers of seizure and retention

      9. 19. References to England and Wales in connection with IPCC functions

      10. 20. Oversight functions of local policing bodies

      11. 21. Delegation of functions by local policing bodies

      12. 22. Transfer of staff to local policing bodies

    2. Chapter 2

      Police super-complaints

      1. 23. Power to make super-complaints

      2. 24. Bodies who may make super-complaints

      3. 25. Regulations about super-complaints

    3. Chapter 3

      Whistle-blowing: power of IPCC to investigate

      1. 26. Investigations by the IPCC: whistle-blowing

    4. Chapter 4

      Police discipline

      1. 27. Disciplinary proceedings: former members of police forces and former special
        constables

      2. 28. Police barred list and police advisory list

      3. 29. Appeals to Police Appeals Tribunals

      4. 30. Guidance concerning disciplinary proceedings and conduct etc

    5. Chapter 5

      IPCC: re-naming and organisational change

      1. 31. Office for Police Conduct

      2. 32. Exercise of functions

    6. Chapter 6

      Inspection

      1. 33. Powers of inspectors to obtain information, access to police premises etc

      2. 34. Inspectors and inspections: miscellaneous

  3. Part 3

    Police workforce and representative institutions

    1. Chapter 1

      Police workforce

      1. Powers of police civilian staff and volunteers

        1. 35. Powers of police civilian staff and police volunteers

        2. 36. Application of Firearms Act 1968 to the police: special constables and
          volunteers

        3. 37. Training etc of police volunteers

        4. 38. Police volunteers: complaints and disciplinary matters

        5. 39. Police volunteers: police barred list and police advisory list

        6. 40. Police volunteers: inspection

        7. 41. Restrictions on designated persons acting as covert human intelligence
          sources

        8. 42. Further amendments consequential on section 35 etc

      2. Removal of powers of police to appoint traffic wardens

        1. 43. Removal of powers of police in England and Wales to appoint traffic wardens

      3. Police rank structure

        1. 44. Power to make regulations about police ranks

    2. 45. Section 44: consequential amendments

    3. Chapter 2

      Representative institutions

      1. 46. Duties of Police Federation for England and Wales in fulfilling its purpose

      2. 47. Freedom of Information Act etc: Police Federation for England and Wales

      3. 48. Removal of references to ACPO

  4. Part 4

    Police powers

    1. Chapter 1

      Pre-charge bail

      1. Release without bail or on bail

        1. 49. Arrest elsewhere than at a police station: release before charge

        2. 50. Section 49: consequential amendments

        3. 51. Release from detention at a police station

        4. 52. Release following arrest for breach of bail etc

        5. 53. Release from further detention at police station

        6. 54. Warrants of further detention: release

        7. 55. Meaning of “pre-conditions for bail”

        8. 56. Release without bail: fingerprinting and samples

        9. 57. Release under section 24A of the Criminal Justice Act 2003

      2. Conditions of bail

        1. 58. Bail before charge: conditions of bail etc

      3. Time limits on period of bail

        1. 59. Limit on period of bail under section 30A

        2. 60. Limits on period of bail without charge under Part 4 of PACE

        3. 61. Section 60: consequential amendments

      4. Re-arrest of person released under provisions of PACE

        1. 62. Release under provisions of PACE: re-arrest

      5. Notification of decision not to prosecute

        1. 63. Duty to notify person released under section 34, 37 or 37CA of PACE that not
          to be prosecuted

        2. 64. Duty to notify person released under any of sections 41 to 44 of PACE that not
          to be prosecuted

      6. Breach of pre-charge bail conditions relating to travel

        1. 65. Offence of breach of pre-charge bail conditions relating to travel

        2. 66. Offence of breach of pre-charge bail conditions relating to travel:
          interpretation

    2. Chapter 2

      Powers under PACE: miscellaneous

      1. 67. PACE: entry and search of premises for the purpose of arrest

      2. 68. PACE: treatment of those aged 17

      3. 69. PACE: detention: use of live links

      4. 70. PACE: interviews: use of live links

      5. 71. PACE: audio recording of interviews

      6. 72. PACE: consultation on codes of practice

      7. 73. Definition of “appropriate adult” in criminal justice legislation

    3. Chapter 3

      Powers under the Mental Health Act 1983

      1. 74. Extension of powers under sections 135 and 136 of the Mental Health Act 1983

      2. 75. Restrictions on places that may be used as places of safety

      3. 76. Periods of detention in places of safety etc

      4. 77. Protective searches: individuals removed etc under section 135 or 136 of the
        Mental Health Act 1983

    4. Chapter 4

      Police powers: maritime enforcement in connection with English and Welsh
      offences

      1. Application of maritime enforcement powers: general

        1. 78. Application of maritime enforcement powers: general

        2. 79. Restriction on exercise of maritime enforcement powers

      2. Ships in Scotland or Northern Ireland waters: hot pursuit

        1. 80. Hot pursuit of ships in Scotland or Northern Ireland waters

        2. 81. Restriction on exercise of maritime enforcement powers in hot pursuit

      3. The maritime enforcement powers

        1. 82. Power to stop, board, divert and detain

        2. 83. Power to search and obtain information

        3. 84. Power of arrest and seizure

      4. Supplementary provision

        1. 85. Maritime enforcement powers: supplementary: protective searches

        2. 86. Maritime enforcement powers: other supplementary provision

        3. 87. Maritime enforcement powers: offences

        4. 88. Maritime enforcement powers: code of practice

        5. 89. Interpretation

    5. Chapter 5

      Police powers: maritime enforcement in connection with Scottish offences

      1. Application of maritime enforcement powers: general

        1. 90. Application of maritime enforcement powers: general

        2. 91. Restriction on exercise of maritime enforcement powers

      2. Ships in England and Wales or Northern Ireland waters: hot pursuit

        1. 92. Hot pursuit of ships in England and Wales or Northern Ireland waters

        2. 93. Restriction on exercise of maritime enforcement powers in hot pursuit

      3. The maritime enforcement powers

        1. 94. Power to stop, board, divert and detain

        2. 95. Power to search and obtain information

        3. 96. Power of arrest and seizure

      4. Supplementary provision

        1. 97. Maritime enforcement powers: supplementary: protective searches

        2. 98. Maritime enforcement powers: other supplementary provision

        3. 99. Maritime enforcement powers: offences

        4. 100. Interpretation

  5. Part 5

    Police and crime commissioners and police areas

    1. 101. Term of office of deputy police and crime commissioners

    2. 102. Eligibility of deputy police and crime commissioners for election

    3. 103. Amendments to the names of police areas

  6. Part 6

    Firearms

    1. 104. Firearms Act 1968: meaning of “firearm” etc.

    2. 105. Firearms Act 1968: meaning of “antique firearm”

    3. 106. Possession of articles for conversion of imitation firearms

    4. 107. Controls on defectively deactivated weapons

    5. 108. Applications under the Firearms Acts: fees

    6. 109. Guidance to police officers in respect of firearms

  7. Part 7

    Alcohol: licensing

    1. 110. Meaning of “alcohol”: inclusion of alcohol in any state

    2. 111. Interim steps pending review: representations

    3. 112. Summary reviews of premises licences: review of interim steps

    4. 113. Personal licences: licensing authority powers in relation to convictions

    5. 114. Licencing Act 2003: addition of further relevant offences

    6. 115. Licensing Act 2003: guidance

  8. Part 8

    Financial sanctions

    1. Interpretation

      1. 116. Interpretation

    2. Enhanced maximum penalties

      1. 117. Powers to create offences under section 2(2) ECA 1972: maximum term of
        imprisonment

      2. 118. Other offences: maximum term of imprisonment

    3. Civil sanctions

      1. 119. Power to impose monetary penalties

      2. 120. Monetary penalties: procedural rights

      3. 121. Monetary penalties: bodies corporate and unincorporated associations

      4. 122. Monetary penalties: supplementary

    4. Other provisions about enforcement

      1. 123. Deferred prosecution agreements

      2. 124. Serious crime prevention orders

    5. Avoidance of delay: temporary regulations

      1. 125. Implementation of UN financial sanctions Resolutions: temporary
        regulations

      2. 126. Content of regulations under section 125

    6. Avoidance of delay: temporary listing

      1. 127. Linking of UN financial sanctions Resolutions with EU financial sanctions
        Regulations

      2. 128. Implementation of UN financial sanctions Resolutions: temporary listing

    7. Power to extend to Channel Islands etc

      1. 129. Extension to the Channels Islands, Isle of Man and BOTs

  9. Part 9

    Miscellaneous and general

    1. Chapter 1

      Miscellaneous

      1. Police collaboration

        1. 130. Power to enter into police collaboration agreements

      2. NCA powers

        1. 131. Powers of NCA officers in relation to customs matters

    2. Requirements to confirm nationality

      1. 132. Requirement to state nationality

      2. 133. Requirement to produce nationality document

      3. 134. Requirement to give information in criminal proceedings

    3. Child sexual exploitation

      1. 135. Child sexual exploitation : streaming indecent images

    4. Chapter 2

      General

      1. 136. Consequential amendments, repeals and revocations

      2. 137. Financial provision

      3. 138. Extent

      4. 139. Commencement

      5. 140. Short title

    1. Schedule 1

      Provision for police and crime commissioner to be fire and
      rescue authority

      1. Part 1

        Amendments to the Fire and Rescue Services Act 2004

      2. Part 2

        Amendments to other Acts

    2. Schedule 2

      The London Fire Commissioner

      1. Part 1

        Amendments to the Greater London Authority Act 1999

      2. Part 2

        Amendments to other Acts

    3. Schedule 3

      Amendments consequential on the amended definition of
      police complaint

    4. Schedule 4

      Complaints, conduct matters and DSI matters: procedure

      1. Part 1

        Recording and reference of complaints

      2. Part 2

        Handling of complaints

      3. Part 3

        Investigations and subsequent proceedings

      4. Part 4

        Reviews

      5. Part 5

        Recommendations by the Commission and local policing
        bodies

      6. Part 6

        Consequential amendments

    5. Schedule 5

      Schedule to be inserted as Schedule 3A to the Police Reform
      Act 2002

    6. Schedule 6

      Disciplinary proceedings: former members of MoD Police,
      British Transport Police and Civil Nuclear Constabulary

    7. Schedule 7

      Part to be inserted as Part 4A of the Police Act 1996

    8. Schedule 8

      Office for Police Conduct

      1. Part 1

        Amendments to Schedule 2 to the Police Reform Act 2002

      2. Part 2

        Minor and Consequential Amendments to the Police Reform
        Act 2002

      3. Part 3

        Other Minor and consequential amendments

    9. Schedule 9

      Schedule to be inserted as Schedule 3B to the Police Reform
      Act 2002

    10. Schedule 10

      Schedule to be inserted as Schedule 3C to the Police Reform
      Act 2002

    11. Schedule 11

      Powers of civilian staff and volunteers: further amendments

      1. Part 1

        Amendments of the Police Reform Act 2002

      2. Part 2

        Other amendments

      3. Part 3

        Minor correcting amendments

    12. Schedule 12

      Abolition of office of traffic warden

    13. Schedule 13

      Removal of references to ACPO

    14. Schedule 14

      Amendments where NCA is party to police collaboration
      agreement

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