Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

8

12

Insert the following new Clause—

 

“Requirement to consult on application for order under section (Knife crime

 

prevention order made on conviction)

 

(1)    

This section applies if the prosecution proposes to apply for a knife crime

 

prevention order under section (Knife crime prevention order made on

 

conviction) in respect of a defendant who—

 

(a)    

is under the age of 18, and

 

(b)    

will be under that age when the application is made.

 

(2)    

Before making the application, the prosecution must consult the youth

 

offending team established under section 39 of the Crime and Disorder Act

 

1998 in whose area it appears to the prosecution that the defendant lives.

 

(3)    

If it appears to the prosecution that the defendant lives in the area of two

 

or more youth offending teams, the obligation in subsection (2) is to consult

 

such of those teams as the prosecution thinks appropriate.”

 

13

Insert the following new Clause—

 

“Provisions of knife crime prevention order

 

Provisions of knife crime prevention order

 

(1)    

The only requirements and prohibitions that may be imposed on a

 

defendant by a knife crime prevention order are those which the court

 

making the order thinks are necessary—

 

(a)    

to protect the public in England and Wales from the risk of harm

 

involving a bladed article,

 

(b)    

to protect any particular members of the public in England and

 

Wales (including the defendant) from such risk, or

 

(c)    

to prevent the defendant from committing an offence involving a

 

bladed article.

 

(2)    

The requirements imposed by a knife crime prevention order on a

 

defendant may, in particular, have the effect of requiring the defendant

 

to—

 

(a)    

be at a particular place between particular times on particular days;

 

(b)    

be at a particular place between particular times on any day;

 

(c)    

present themselves to a particular person at a place where they are

 

required to be between particular times on particular days;

 

(d)    

participate in particular activities between particular times on

 

particular days.

 

(3)    

Section (Requirements included in knife crime prevention order etc) makes

 

further provision about the inclusion of requirements in a knife crime

 

prevention order.

 

(4)    

The prohibitions imposed by a knife crime prevention order on a defendant

 

may, in particular, have the effect of prohibiting the defendant from—

 

(a)    

being in a particular place;

 

(b)    

being with particular persons;

 

(c)    

participating in particular activities;

 

(d)    

using particular articles or having particular articles with them;

 
 

 


 
 

9

 
 

(e)    

using the internet to facilitate or encourage crime involving bladed

 

articles.

 

(5)    

References in subsection (4) to a particular place or particular persons,

 

activities or articles include a place, persons, activities or articles of a

 

particular description.

 

(6)    

A knife crime prevention order which imposes prohibitions on a defendant

 

may include exceptions from those prohibitions.

 

(7)    

Nothing in subsections (2) to (6) affects the generality of section (Knife crime

 

prevention order made otherwise than on conviction)(7) or section (Knife crime

 

prevention order made on conviction)(5).

 

(8)    

The requirements or prohibitions which are imposed on the defendant by

 

a knife crime prevention order must, so far as practicable, be such as to

 

avoid—

 

(a)    

any conflict with the defendant’s religious beliefs, and

 

(b)    

any interference with the times, if any, at which the defendant

 

normally works or attends any educational establishment.”

 

14

Insert the following new Clause—

 

“Requirements included in knife crime prevention order etc

 

(1)    

A knife crime prevention order or interim knife crime prevention order

 

which imposes a requirement on a defendant must specify a person who is

 

to be responsible for supervising compliance with the requirement.

 

(2)    

That person may be an individual or an organisation.

 

(3)    

Before including a requirement, the court must receive evidence about its

 

suitability and enforceability from—

 

(a)    

the individual to be specified under subsection (1), if an individual

 

is to be specified;

 

(b)    

an individual representing the organisation to be specified under

 

subsection (1), if an organisation is to be specified.

 

(4)    

Before including two or more requirements, the court must consider their

 

compatibility with each other.

 

(5)    

It is the duty of a person specified under subsection (1)—

 

(a)    

to make any necessary arrangements in connection with the

 

requirements for which the person has responsibility (the “relevant

 

requirements”);

 

(b)    

to promote the defendant’s compliance with the relevant

 

requirements;

 

(c)    

if the person considers that the defendant—

 

(i)    

has complied with all of the relevant requirements, or

 

(ii)    

has failed to comply with a relevant requirement,

 

    

to inform the appropriate chief officer of police.

 

(6)    

In subsection (5)(c) “the appropriate chief officer of police” means—

 

(a)    

the chief officer of police for the police area in which it appears to

 

the person specified under subsection (1) that the defendant lives,

 

or

 
 

 


 
 

10

 
 

(b)    

if it appears to that person that the defendant lives in more than one

 

police area, whichever of the chief officers of police of those areas

 

the person thinks it is most appropriate to inform.

 

(7)    

A defendant subject to a requirement in a knife crime prevention order or

 

interim knife crime prevention order must—

 

(a)    

keep in touch with the person specified under subsection (1) in

 

relation to that requirement, in accordance with any instructions

 

given by that person from time to time, and

 

(b)    

notify that person of any change of the defendant’s home address.

 

(8)    

The obligations mentioned in subsection (7) have effect as if they were

 

requirements imposed on the defendant by the order.”

 

15

Insert the following new Clause—

 

“Duration of knife crime prevention order etc

 

(1)    

A knife crime prevention order or an interim knife crime prevention order

 

under section (Interim knife crime prevention order: application not determined)

 

takes effect on the day on which it is made, subject to subsections (6) and

 

(7).

 

(2)    

An interim knife crime prevention order under section (Interim knife crime

 

prevention order: application without notice) takes effect when it is served on

 

the defendant, subject to subsections (6) and (7).

 

(3)    

A knife crime prevention order must specify the period for which it has

 

effect, which must be a fixed period of at least 6 months, and not more than

 

2 years, beginning with the day on which it takes effect.

 

(4)    

An interim knife crime prevention order under section (Interim knife crime

 

prevention order: application without notice) has effect until the determination

 

of the application mentioned in subsection (1) of that section, subject to

 

section (Variation, renewal or discharge of knife crime prevention order etc)

 

(variation, renewal or discharge).

 

(5)    

An interim knife crime prevention order under section (Interim knife crime

 

prevention order: application not determined) has effect until the determination

 

of the application mentioned in subsection (1) of that section, subject to

 

section (Variation, renewal or discharge of knife crime prevention order etc).

 

(6)    

Subsection (7) applies if a knife crime prevention order or an interim knife

 

crime prevention order is made in respect of—

 

(a)    

a defendant who has been remanded in or committed to custody by

 

an order of a court,

 

(b)    

a defendant on whom a custodial sentence has been imposed or

 

who is serving or otherwise subject to such a sentence, or

 

(c)    

a defendant who is on licence for part of the term of a custodial

 

sentence.

 

(7)    

The order may provide that it does not take effect until—

 

(a)    

the defendant is released from custody,

 

(b)    

the defendant ceases to be subject to a custodial sentence, or

 

(c)    

the defendant ceases to be on licence.

 
 

 


 
 

11

 
 

(8)    

A knife crime prevention order or an interim knife crime prevention order

 

may specify periods for which particular prohibitions or requirements

 

have effect.

 

(9)    

Where a court makes a knife crime prevention order or an interim knife

 

crime prevention order in respect of a defendant who is already subject to

 

such an order, the earlier order ceases to have effect.

 

(10)    

In this section “custodial sentence” means—

 

(a)    

a sentence of imprisonment or any other sentence or order

 

mentioned in section 76(1) of the Powers of Criminal Courts

 

(Sentencing) Act 2003, or

 

(b)    

a sentence or order which corresponds to a sentence or order within

 

paragraph (a) and which was imposed or made under an earlier

 

enactment.”

 

16

Insert the following new Clause—

 

“Notification requirements

 

Notification requirements

 

(1)    

Subsection (2) applies if—

 

(a)    

a knife crime prevention order is made in respect of a defendant

 

(other than an order which replaces an interim knife crime

 

prevention order), or

 

(b)    

an interim knife crime prevention order is made in respect of a

 

defendant.

 

(2)    

The defendant must notify the information mentioned in subsection (3) to

 

the police within the period of 3 days beginning with the day on which the

 

order takes effect.

 

(3)    

That information is—

 

(a)    

the defendant’s name on the day on which the notification is given

 

and, where the defendant uses one or more other names on that

 

day, each of those names, and

 

(b)    

the defendant’s home address on that day.

 

(4)    

Subsection (5) applies to a defendant who is subject to—

 

(a)    

a knife crime prevention order, or

 

(b)    

an interim knife crime prevention order.

 

(5)    

The defendant must notify the information mentioned in subsection (6) to

 

the police within the period of 3 days beginning with the day on which the

 

defendant—

 

(a)    

uses a name which has not previously been notified to the police

 

under subsection (2) or this paragraph,

 

(b)    

changes their home address, or

 

(c)    

decides to live for a period of one month or more at any premises

 

the address of which has not been notified to the police under

 

subsection (2) or this paragraph.

 
 

 


 
 

12

 
 

(6)    

That information is—

 

(a)    

in a case within subsection (5)(a), the name which has not

 

previously been notified;

 

(b)    

in a case within subsection (5)(b), the new home address;

 

(c)    

in a case within subsection (5)(c), the address at which the

 

defendant has decided to live.

 

(7)    

A defendant gives a notification under subsection (2) or (5) by—

 

(a)    

attending at a police station in a police area in which the defendant

 

lives, and

 

(b)    

giving an oral notification to a police officer, or to any person

 

authorised for the purpose by the officer in charge of the station.”

 

17

Insert the following new Clause—

 

“Offences relating to notification

 

(1)    

A person commits an offence if the person—

 

(a)    

fails, without reasonable excuse, to comply with section

 

(Notification requirements)(2) or (5), or

 

(b)    

notifies to the police, in purported compliance with section

 

(Notification requirements)(2) or (5), any information which the

 

person knows to be false.

 

(2)    

A person guilty of an offence under subsection (1) is liable—

 

(a)    

on summary conviction, to imprisonment for a term not exceeding

 

12 months, to a fine or to both;

 

(b)    

on conviction on indictment, to imprisonment for a term not

 

exceeding 2 years, to a fine or to both.

 

(3)    

In relation to an offence committed before the coming into force of section

 

154(1) of the Criminal Justice Act 2003 (maximum sentence that may be

 

imposed on summary conviction of offence triable either way) the

 

reference in section (2)(a) to 12 months is to be read as a reference to 6

 

months.

 

(4)    

A person commits an offence under subsection (1)(a) on the day on which

 

the person first fails, without reasonable excuse, to comply with section

 

(Notification requirements)(2) or (5).

 

(5)    

The person continues to commit the offence throughout any period during

 

which the failure continues.

 

(6)    

But the person may not be prosecuted more than once in respect of the

 

same offence.

 

(7)    

Proceedings for an offence under this section may be commenced in any

 

court having jurisdiction in any place where the person charged with the

 

offence lives or is found.”

 

18

Insert the following new Clause—

 
 

 


 
 

13

 
 

“Supplementary provisions

 

Review of knife crime prevention order

 

(1)    

This section applies where a court has made a knife crime prevention order

 

in respect of a defendant.

 

(2)    

The court may order the applicant and the defendant to attend one or more

 

review hearings on a specified date or dates.

 

(3)    

Subsection (4) applies if any requirement or prohibition imposed by the

 

knife crime prevention order is to have effect after the end of the period of

 

1 year beginning with the day on which the order takes effect.

 

(4)    

The court must order the applicant and the defendant to attend a review

 

hearing on a specified date within the last 4 weeks of the 1 year period

 

(whether or not the court orders them to attend any other review hearings).

 

(5)    

A review hearing under this section is a hearing held for the purpose of

 

considering whether the knife crime prevention order should be varied or

 

discharged.

 

(6)    

Subsections (7) to (9) of section (Variation, renewal or discharge of knife crime

 

prevention order etc) (variation, renewal or discharge) apply to the variation

 

of a knife crime prevention order under this section as they apply to the

 

variation of an order under that section.”

 

19

Insert the following new Clause—

 

“Variation, renewal or discharge of knife crime prevention order etc

 

“(1)    

A person within subsection (2) may apply to the appropriate court for—

 

(a)    

an order varying, renewing or discharging a knife crime prevention

 

order, or

 

(b)    

an order varying or discharging an interim knife crime prevention

 

order.

 

(2)    

Those persons are—

 

(a)    

the defendant;

 

(b)    

the chief officer of police for a police area in which the defendant

 

lives;

 

(c)    

a chief officer of police who believes that the defendant is in, or is

 

intending to come to, the chief officer’s police area;

 

(d)    

if the application for the order was made by a chief officer of police

 

other than one within paragraph (b) or (c), the chief officer by

 

whom the application was made;

 

(e)    

if the order was made on an application by the chief constable of the

 

British Transport Police Force, that chief constable;

 

(f)    

if the order was made on an application by the chief constable of the

 

Ministry of Defence Police, that chief constable.

 

(3)    

An application under subsection (1) may be made—

 

(a)    

where the appropriate court is the Crown Court, in accordance with

 

rules of court;

 

(b)    

in any other case, by complaint.

 
 

 


 
 

14

 
 

(4)    

Before a person other than the defendant makes an application under

 

subsection (1), the person must notify the persons consulted under section

 

(Requirements for application for order under section (Knife crime prevention

 

order made otherwise than on conviction))(5) or section (Requirement to consult

 

on application for order under section (Knife crime prevention order made on

 

conviction))(2).

 

(5)    

Before making a decision on an application under subsection (1), the court

 

must hear—

 

(a)    

the person making the application, and

 

(b)    

any other person within subsection (2) who wishes to be heard.

 

(6)    

Subject as follows, on an application under subsection (1)—

 

(a)    

the court may make such order varying or discharging the order as

 

it thinks appropriate;

 

(b)    

in the case of an application under paragraph (a) of that subsection,

 

the court may make such order renewing the order as it thinks

 

appropriate.

 

(7)    

The court may renew a knife crime prevention order, or vary such an order

 

or an interim knife crime prevention order so as to impose an additional

 

prohibition or requirement on a defendant, only if it is satisfied that it is

 

necessary to do so—

 

(a)    

to protect the public in England and Wales from the risk of harm

 

involving a bladed article,

 

(b)    

to protect any particular members of the public in England and

 

Wales (including the defendant) from such risk, or

 

(c)    

to prevent the defendant from committing an offence involving a

 

bladed article.

 

(8)    

The provisions mentioned in subsection (9) have effect in relation to the

 

renewal of a knife crime prevention order, or the variation of a knife crime

 

prevention order or interim knife crime prevention order so as to impose a

 

new requirement or prohibition, as they have effect in relation to the

 

making of such an order.

 

(9)    

Those provisions are—

 

(a)    

section (Provisions of knife crime prevention order) (provisions of knife

 

crime prevention order),

 

(b)    

section (Requirements included in knife crime prevention order etc)

 

(requirements included in knife crime prevention order etc), and

 

(c)    

section (Duration of knife crime prevention order etc) (duration of knife

 

crime prevention order etc).

 

(10)    

The court may not discharge a knife crime prevention order before the end

 

of the period of 6 months beginning with the day on which the order takes

 

effect without the consent of the defendant and—

 

(a)    

where the application under this section is made by a chief officer

 

of police, that chief officer,

 

(b)    

if paragraph (a) does not apply but the application for the order was

 

made by a chief officer of police, that chief officer and (if different)

 

each chief officer of police for an area in which the defendant lives

 

or

 

(c)    

in any other case, each chief officer of police for an area in which the

 

defendant lives.

 
 

 


 
PreviousBack to StartNext
 

Revised 20 March 2019