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Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Home Office, are published separately
as HL Bill 52—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Lord Taylor of Holbeach has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:

In my view the provisions of the Anti-social Behaviour, Crime and Policing Bill are
compatible with the Convention rights.

Contents

  1. Part 1

    Injunctions to prevent nuisance and annoyance

    1. Injunctions to prevent nuisance and annoyance

      1. 1. Power to grant injunctions

    2. Contents of injunctions

      1. 2. Requirements included in injunctions

      2. 3. Power of arrest

    3. Applications for injunctions

      1. 4. Applications for injunctions

      2. 5. Applications without notice

    4. Interim injunctions

      1. 6. Interim injunctions

    5. Variation and discharge

      1. 7. Variation or discharge of injunctions

    6. Breach of injunctions

      1. 8. Arrest without warrant

      2. 9. Issue of arrest warrant

      3. 10. Remands

      4. 11. Powers in respect of under-18s

    7. Powers of court on application by provider of residential accommodation

      1. 12. Power to exclude person from home in cases of violence or risk of harm

      2. 13. Tenancy injunctions: exclusion and power of arrest

    8. Supplemental

      1. 14. Requirements to consult etc

      2. 15. Appeals against decisions of youth courts

      3. 16. Special measures for witnesses

      4. 17. Children and young persons: disapplication of reporting restrictions

      5. 18. Rules of court

      6. 19. Interpretation etc

      7. 20. Saving and transitional provision

  2. Part 2

    Criminal behaviour orders

    1. Criminal behaviour orders

      1. 21. Power to make orders

      2. 22. Proceedings on an application for an order

      3. 23. Requirements included in orders

      4. 24. Duration of order etc

    2. Interim orders

      1. 25. Interim orders

    3. Variation and discharge

      1. 26. Variation or discharge of orders

    4. Review of orders (under-18s)

      1. 27. Review of orders

      2. 28. Carrying out and participating in reviews

    5. Breach of orders

      1. 29. Breach of order

    6. Supplemental

      1. 30. Special measures for witnesses

      2. 31. Saving and transitional provision

  3. Part 3

    Dispersal powers

    1. 32. Authorisations to use powers under section 33

    2. 33. Directions excluding a person from an area

    3. 34. Restrictions

    4. 35. Surrender of property

    5. 36. Record-keeping

    6. 37. Offences

    7. 38. Powers of community support officers

    8. 39. Saving and transitional provision

  4. Part 4

    Community protection

    1. Chapter 1

      Community protection notices

      1. Community protection notices

        1. 40. Power to issue notices

        2. 41. Occupiers of premises etc

        3. 42. Occupier or owner unascertainable

        4. 43. Appeals against notices

      2. Failure to comply with notice

        1. 44. Remedial action by local authority

        2. 45. Offence of failing to comply with notice

        3. 46. Remedial orders

        4. 47. Forfeiture of item used in commission of offence

        5. 48. Seizure of item used in commission of offence

        6. 49. Fixed penalty notices

      3. Who may issue notices

        1. 50. Authorised persons

      4. Supplemental

        1. 51. Exemption from liability

        2. 52. Issuing of notices

        3. 53. Interpretation of Chapter 1

        4. 54. Saving and transitional provision

    2. Chapter 2

      Public spaces protection orders

      1. Public spaces protection orders

        1. 55. Power to make orders

        2. 56. Duration of orders

        3. 57. Variation and discharge of orders

      2. Prohibition on consuming alcohol

        1. 58. Premises etc to which alcohol prohibition does not apply

        2. 59. Consumption of alcohol in breach of prohibition in order

      3. Restrictions on public rights of way

        1. 60. Orders restricting public right of way over highway

        2. 61. Categories of highway over which public right of way may not be restricted

      4. Validity of orders

        1. 62. Challenging the validity of orders

      5. Failure to comply with orders

        1. 63. Offence of failing to comply with order

        2. 64. Fixed penalty notices

      6. Supplemental

        1. 65. Powers of community support officers

        2. 66. Byelaws

        3. 67. Interpretation of Chapter 2

        4. 68. Saving and transitional provision

    3. Chapter 3

      Closure of premises associated with nuisance or disorder etc

      1. Closure notices

        1. 69. Power to issue closure notices

        2. 70. Duration of closure notices

        3. 71. Cancellation or variation of closure notices

        4. 72. Service of notices

      2. Closure orders

        1. 73. Power of court to make closure orders

        2. 74. Temporary orders

        3. 75. Extension of closure orders

        4. 76. Discharge of closure orders

      3. Appeals

        1. 77. Appeals

      4. Enforcement

        1. 78. Enforcement of closure orders

        2. 79. Offences

      5. Supplemental

        1. 80. Access to other premises

        2. 81. Reimbursement of costs

        3. 82. Exemption from liability

        4. 83. Compensation

        5. 84. Interpretation of Chapter 3

        6. 85. Saving and transitional provision

  5. Part 5

    Recovery of possession of dwelling-houses: anti-social behaviour grounds

    1. Absolute ground for possession: secure tenancies

      1. 86. New ground for serious offences or breach of requirements etc

      2. 87. Notice requirements for new ground

      3. 88. Review requirements for new ground

    2. Absolute ground for possession: assured tenancies

      1. 89. Corresponding new ground and notice requirements for assured tenancies

    3. Discretionary grounds: secure and assured tenancies

      1. 90. Conduct causing nuisance to landlord etc

      2. 91. Offences connected with riot

    4. Supplemental

      1. 92. Restrictions where new possession proceedings in progress etc

  6. Part 6

    Local involvement and accountability

    1. Community remedies

      1. 93. The community remedy document

      2. 94. Anti-social behaviour etc: out-of-court disposals

      3. 95. Criminal behaviour: conditional cautions

    2. Response to complaints about anti-social behaviour

      1. 96. Review of response to complaints

      2. 97. ASB case reviews: interpretation

  7. Part 7

    Dangerous dogs

    1. 98. Keeping dogs under proper control

    2. 99. Whether a dog is a danger to public safety

  8. Part 8

    Firearms

    1. 100. Offence of possessing firearm for supply etc

    2. 101. Functions of Scottish Ministers under Firearms Acts

    3. 102. Increased penalty for improper importation of firearms etc

    4. 103. British Transport Police: Crown status under Firearms Act 1968

  9. Part 9

    Protection from sexual harm and violence

    1. 104. Sexual harm prevention orders and sexual risk orders, etc

    2. 105. Saving and transitional provision

    3. 106. Violent offender orders

  10. Part 10

    Forced marriage

    1. 107. Offence of breaching forced marriage protection order

    2. 108. Offence of forced marriage: England and Wales

    3. 109. Offence of forced marriage: Scotland

  11. Part 11

    Policing etc

    1. College of Policing

      1. 110. Regulations to be prepared or approved by the College

      2. 111. Codes of practice issued by the College

      3. 112. Guidance by the College about employment of civilian staff

      4. 113. Power to give directions to the College

      5. 114. Appointment of senior police officers as staff of the College

      6. 115. Disclosure of information to the College

      7. 116. The College and the IPCC

    2. Review bodies for police remuneration etc

      1. 117. Abolition of Police Negotiating Board for the United Kingdom

      2. 118. Establishment of Police Remuneration Review Body

      3. 119. Consultation about regulations: England and Wales

      4. 120. Consultation about regulations: Northern Ireland

    3. Independent Police Complaints Commission

      1. 121. Application of IPCC provisions to contractors

      2. 122. Application to IPCC of provisions about investigation of offences

      3. 123. Provision of information to IPCC

      4. 124. Unsatisfactory performance procedures following investigation of death or
        serious injury matter

      5. 125. Recommendations by IPCC and requirement to respond

    4. Chief officers of police and local policing bodies

      1. 126. Appointment of chief officers of police

      2. 127. Financial arrangements etc for chief officers of police

      3. 128. Grants to local policing bodies

      4. 129. Powers of local policing bodies to provide or commission services

    5. Miscellaneous

      1. 130. Retention of personal samples that are or may be disclosable

      2. 131. Powers to seize invalid passports etc

      3. 132. Port and border controls

      4. 133. Inspection of Serious Fraud Office

      5. 134. Fees for criminal record certificates etc

      6. 135. Power of community support officer to issue fixed penalty notice for cycle
        light offence

  12. Part 12

    Extradition

    1. 136. Date of extradition hearing

    2. 137. Extradition barred if no prosecution decision in requesting territory

    3. 138. Proportionality

    4. 139. Hostage-taking considerations

    5. 140. Request for temporary transfer etc

    6. 141. Appeals

    7. 142. Judge informed after extradition hearing or order that person charged with
      offence or serving sentence in United Kingdom

    8. 143. Asylum etc

    9. 144. Consent to extradition not to be taken as waiver of speciality rights

    10. 145. Definition of “extradition offence”

    11. 146. Proceedings on deferred warrant or request etc

    12. 147. Non-UK extradition: transit through the United Kingdom

    13. 148. Extradition to a territory that is party to an international Convention

    14. 149. Credit for time in custody awaiting extradition to United Kingdom to serve
      sentence

    15. 150. Criminal Procedure Rules to apply to extradition proceedings etc

  13. Part 13

    Criminal justice and court fees

    1. 151. Compensation for miscarriages of justice

    2. 152. Low-value shoplifting

    3. 153. Protection arrangements for persons at risk

    4. 154. Surcharges: imprisonment in default and remission of fines

    5. 155. Court and tribunal fees

  14. Part 14

    General

    1. 156. Amendments

    2. 157. Orders and regulations

    3. 158. Financial provision

    4. 159. Extent

    5. 160. Commencement

    6. 161. Short title

    1. Schedule 1

      Remands under sections 8 and 9

    2. Schedule 2

      Breach of injunctions: powers of court in respect of under-18s

      1. Part 1

        Introductory

      2. Part 2

        Supervision orders

      3. Part 3

        Detention orders

    3. Schedule 3

      Schedule to be inserted as Schedule 2A to the Housing Act
      1985

    4. Schedule 4

      ASB case reviews: supplementary provision

      1. Part 1

        Making and revising review procedures etc

      2. Part 2

        Inclusion of local providers of social housing among relevant
        bodies

      3. Part 3

        ASB case reviews

      4. Part 4

        General

    5. Schedule 5

      Amendments of Part 2 of the Sexual Offences Act 2003

    6. Schedule 6

      Schedule to be inserted as Schedule 4B to the Police Act 1996

    7. Schedule 7

      Powers to seize invalid passports etc

    8. Schedule 8

      Port and border controls

    9. Schedule 9

      Minor and consequential amendments

      1. Part 1

        Amendments relating to Parts 1 to 6

      2. Part 2

        Amendments relating to Part 9

      3. Part 3

        Amendments relating to Part 11

      4. Part 4

        Amendments relating to Part 12

      5. Part 5

        Amendments consequential on establishment of Police Service
        of Scotland

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Contents page 1-9 10-19 20-29 30-39 40-49 50-67 68-79 80-89 90-99 100-109 Last page