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

(a) a copy of a supervision order (or part of a supervision order) has
been given to a person under sub-paragraph (2) by virtue of a
requirement contained in the order, and

(b) the order is revoked, or amended in respect of that requirement,

5the original applicant must straight away give a copy of the revoking order,
or of so much of the order as amended as is relevant, to that person.

Part 3 Detention orders

Detention orders

14 (1) 10A detention order is an order that the person in respect of whom it is made
(“the defaulter”) be detained for a period specified in the order in whatever
youth detention accommodation the Secretary of State decides.

(2) The period specified under sub-paragraph (1) may not exceed the period of
3 months (not counting the day on which the order is made).

(3) 15In sub-paragraph (1) “youth detention accommodation” means—

(a) a secure training centre;

(b) a young offender institution;

(c) secure accommodation, as defined by section 23(12) of the Children
and Young Persons Act 1969.

(4) 20The function of the Secretary of State under sub-paragraph (1) is exercisable
concurrently with the Youth Justice Board.

(5) A person detained under a detention order is in legal custody.

Revocation of detention order

15 (1) Where a detention order is made, the original applicant or the defaulter may
25apply to a youth court to revoke it.

(2) If it appears to the court to be in the interests of justice to do so, having
regard to circumstances that have arisen since the detention order was
made, the court may grant an application under sub-paragraph (1) and
revoke the order accordingly.

(3) 30The circumstances referred to in sub-paragraph (2) include the conduct of
the defaulter.

(4) If an application under this paragraph is dismissed, the party by which the
dismissed application was made may make no further application under
this paragraph without—

(a) 35the consent of the court, or

(b) the agreement of the other party.

(5) A person making an application under this paragraph in relation to a
detention order made under paragraph 1 must before doing so consult any
youth offending team specified in the injunction under section 2(1) or, if
40none is specified, the local youth offending team within the meaning of
section 14.

(6) A person making an application under this paragraph in relation to a
detention order made under paragraph 12(4)(b) must before doing so
consult the youth offending team for the time being specified in the relevant
supervision order.

Section 86(2)

5SCHEDULE 3 Schedule to be inserted as Schedule 2A to the Housing Act 1985

Section 84A(9)

“Schedule 1 Absolute grounds for possession for anti-social behaviour: serious
offences

10Violent offences

1 Murder.

2 Manslaughter.

3 Kidnapping.

4 False imprisonment.

5 15An offence under any of the following sections of the Offences
against the Person Act 1861—

(a) section 4 (soliciting murder),

(b) section 16 (threats to kill),

(c) section 18 (wounding with intent to cause grievous bodily
20harm),

(d) section 20 (malicious wounding),

(e) section 21 (attempting to choke, suffocate or strangle in
order to commit or assist in committing an indictable
offence),

(f) 25section 22 (using chloroform etc. to commit or assist in the
committing of any indictable offence),

(g) section 23 (maliciously administering poison etc. so as to
endanger life or inflict grievous bodily harm),

(h) section 24 (maliciously administering poison etc. with
30intent to injure, aggrieve or annoy any other person),

(i) section 27 (abandoning or exposing children whereby life
is endangered or health permanently injured),

(j) section 28 (causing bodily injury by explosives),

(k) section 29 (using explosives etc. with intent to do grievous
35bodily harm),

(l) section 30 (placing explosives with intent to do bodily
injury),

(m) section 31 (setting spring guns etc. with intent to do
grievous bodily harm),

(n) 40section 38 (assault with intent to resist arrest),

(o) section 47 (assault occasioning actual bodily harm).

6 An offence under any of the following sections of the Explosive
Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or
property),

(b) 5section 3 (attempt to cause explosion, or making or
keeping explosive with intent to endanger life or
property),

(c) section 4 (making or possession of explosive under
suspicious circumstances).

7 10An offence under section 1 of the Infant Life (Preservation) Act
1929 (child destruction).

8 An offence under section 1 of the Children and Young Persons Act
1933 (cruelty to children).

9 An offence under section 1 of the Infanticide Act 1938 (infanticide).

10 15An offence under any of the following sections of the Public Order
Act 1986—

(a) section 1 (riot),

(b) section 2 (violent disorder),

(c) section 3 (affray).

11 20An offence under either of the following sections of the Protection
from Harassment Act 1997—

(a) section 4 (putting people in fear of violence),

(b) section 4A (stalking involving fear of violence or serious
alarm or distress).

12 25An offence under any of the following provisions of the Crime and
Disorder Act 1998—

(a) section 29 (racially or religiously aggravated assaults),

(b) section 31(1)(a) or (b) (racially or religiously aggravated
offences under section 4 or 4A of the Public Order Act
301986),

(c) section 32 (racially or religiously aggravated harassment
etc.).

13 An offence under either of the following sections of the Female
Genital Mutilation Act 2003—

(a) 35section 1 (female genital mutilation),

(b) section 2 (assisting a girl to mutilate her own genitalia).

14 An offence under section 5 of the Domestic Violence, Crime and
Victims Act 2004 (causing or allowing the death of a child or
vulnerable adult).

40Sexual offences

15 An offence under section 33A of the Sexual Offences Act 1956
(keeping a brothel used for prostitution).

16 An offence under section 1 of the Protection of Children Act 1978
(indecent photographs of children).

17 An offence under section 160 of the Criminal Justice Act 1988
(possession of indecent photograph of a child).

18 An indictable offence under Part 1 of the Sexual Offences Act 2003
(sexual offences).

5Offensive weapons

19 An offence under either of the following sections of the Prevention
of Crime Act 1953—

(a) section 1 (prohibition of the carrying of offensive weapons
without lawful authority or reasonable excuse),

(b) 10section 1A (threatening with offensive weapon in public).

20 An offence under any of the following provisions of the Firearms
Act 1968—

(a) section 16 (possession of firearm with intent to endanger
life),

(b) 15section 16A (possession of firearm with intent to cause fear
of violence),

(c) section 17(1) (use of firearm to resist arrest),

(d) section 17(2) (possession of firearm at time of committing
or being arrested for offence specified in Schedule 1 to the
20Act of 1968),

(e) section 18 (carrying a firearm with criminal intent),

(f) section 19 (carrying a firearm in a public place),

(g) section 20 (trespassing with firearm),

(h) section 21 (possession of firearms by persons previously
25convicted of crime).

21 An offence under either of the following sections of the Criminal
Justice Act 1988—

(a) section 139 (having article with blade or point in public
place),

(b) 30section 139AA (threatening with article with blade or point
or offensive weapon).

Offences against property

22 An offence under any of the following sections of the Theft Act
1968—

(a) 35section 8 (robbery or assault with intent to rob),

(b) section 9 (burglary),

(c) section 10 (aggravated burglary).

23 An offence under section 1 of the Criminal Damage Act 1971
(destroying or damaging property).

24 40An offence under section 30 of the Crime and Disorder Act 1998
(racially or religiously aggravated criminal damage).

Road traffic offences

25 Section 35 of the Offences against the Person Act 1861 (injuring
persons by furious driving).

26 Section 12A of the Theft Act 1968 (aggravated vehicle-taking
5involving an accident which caused the death of any person).

27 An offence under any of the following sections of the Road Traffic
Act 1988—

(a) section 1 (causing death by dangerous driving),

(b) section 1A (causing serious injury by dangerous driving),

(c) 10section 3A (causing death by careless driving when under
influence of drink or drugs).

Drug-related offences

28 An offence under any of the following provisions of the Misuse of
Drugs Act 1971—

(a) 15section 4 (restriction of production and supply of
controlled drugs),

(b) section 5(3) (possession of controlled drugs with intent to
supply),

(c) section 8(a) or (b) (occupiers etc. of premises to be
20punishable for permitting unlawful production or supply
etc. of controlled drugs there).

29 An offence under section 6 of that Act (restrictions of cultivation of
cannabis plant) where the cultivation is for profit and the whole or
a substantial part of the dwelling-house concerned is used for the
25cultivation.

Inchoate offences

30 (1) An offence of attempting or conspiring the commission of an
offence specified or described in this Schedule.

(2) An offence under Part 2 of the Serious Crime Act 2007
30(encouraging or assisting) where the offence (or one of the
offences) which the person in question intends or believes would
be committed is an offence specified or described in this Schedule.

(3) An offence of aiding, abetting, counselling or procuring the
commission of an offence specified or described in this Schedule.

35Scope of offences

31 Where this Schedule refers to offences which are offences under
the law of England and Wales and another country or territory, the
reference is to be read as limited to the offences so far as they are
offences under the law of England and Wales.”

Section 96

SCHEDULE 4 ASB case reviews: supplementary provision

Part 1 Making and revising review procedures etc

5Consultation: local policing bodies

1 (1) In making and revising the review procedures, the relevant bodies in a local
government area must consult the local policing body for the relevant police
area.

(2) The “relevant police area” is the police area which consists of, or includes,
10the local government area.

Consultation: local providers of social housing

2 In making and revising the review procedures, the relevant bodies in a local
government area must consult such local providers of social housing as they
consider appropriate.

15Dissatisfaction with ASB case reviews

3 The review procedures must include provision about what is to happen
where an applicant is dissatisfied with the way in which the relevant bodies
have—

(a) dealt with an application for an ASB case review, or

(b) 20carried out an ASB case review.

Assessment and revision of review procedures

4 The review procedures must include provision about—

(a) the assessment of the effectiveness of those procedures, and

(b) the revision of those procedures.

25Part 2 Inclusion of local providers of social housing among relevant bodies

Co-option arrangements

5 (1) The responsible authorities in a local government area must make
arrangements (“co-option arrangements”) for the inclusion of local
30providers of social housing among the relevant bodies in that area.

(2) In this paragraph “responsible authorities” means—

(a) in relation to a local government area in England—

(i) the relevant district council or the unitary authority,

(ii) the chief officer of police for the police area which that local
35government area is within, and

(iii) each clinical commissioning group established under section
14V of the National Health Service Act 2006 whose area is
wholly or partly within that local government area;

(b) in relation to a local government area in Wales—

(i) 5the council for the area,

(ii) the chief officer of police for the police area which that local
government area is within, and

(iii) each Local Health Board whose area is wholly or partly
within that local government area.

10Part 3 ASB case reviews

Consultation and co-operation: local providers of social housing

6 (1) The relevant bodies in a local government area must consult such local
providers of social housing as they consider appropriate in carrying out ASB
15case reviews.

(2) The local providers of social housing must co-operate with the relevant
bodies in the local government area in any matters specified by the relevant
bodies that concern ASB case reviews.

Information

7 (1) 20The relevant bodies in a local government area may request any person to
disclose information for a purpose connected with the carrying out of an
ASB case review.

(2) If such a request is made to a person that exercises public functions, and that
person possesses the requested information in connection with the exercise
25of such functions, the person must (subject to sub-paragraph (4)) comply
with the request.

(3) If such a request is made to a person who is not required by sub-paragraph
(2) to disclose the requested information, the person may (subject to sub-
paragraph (4)) comply with the request.

(4) 30This paragraph does not require or authorise—

(a) a disclosure, in contravention of any provisions of the Data
Protection Act 1998, of personal data which are not exempt from
those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
35Investigatory Powers Act 2000.

(5) Subject to that, a disclosure under this paragraph does not breach—

(a) any obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
40imposed).

Part 4 General

Joint review procedures or co-option arrangements

8 (1) The relevant bodies in two or more local government areas—

(a) 5may jointly make review procedures applicable to those areas;

(b) must secure that such jointly-made review procedures are in place if
co-option arrangements applicable to those areas have been jointly
made under sub-paragraph (2).

(2) The responsible authorities in two or more local government areas—

(a) 10may jointly make co-option arrangements applicable to those areas;

(b) must secure that such jointly-made co-option arrangements are in
place if review procedures applicable to those areas have been jointly
made under sub-paragraph (1).

(3) In a case where review procedures or co-option arrangements are made
15jointly in accordance with this paragraph, a reference to any of the following
in section 96, section 97 or this Schedule is to be read accordingly—

(a) the relevant bodies (in the case of review procedures) or the
responsible authorities (in the case of co-option arrangements);

(b) the local government area or the relevant police area (in either case).

20Different review procedures or co-option arrangements for different parts of an area etc

9 (1) Review procedures may make different provision in relation to different
parts of a local government area.

(2) Review procedures or co-option arrangements made jointly in accordance
with paragraph 8 may make different provision in relation to—

(a) 25different local government areas to which the procedures or
arrangements are applicable, or

(b) different parts of such areas.

Section 104

SCHEDULE 5 Amendments of Part 2 of the Sexual Offences Act 2003

30Introduction

1 Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended
as set out in this Schedule.

Sexual harm prevention orders

2 After section 103 there is inserted—

“Sexual harm prevention orders (England and Wales)

103A Sexual harm prevention orders: applications and grounds

(1) 5A court may make an order under this section (a “sexual harm
prevention order”) in respect of a person (“the defendant”) where
subsection (2) or (3) applies to the defendant.

(2) This subsection applies to the defendant where—

(a) the court deals with the defendant in respect of—

(i) 10an offence listed in Schedule 3 or 5, or

(ii) a finding that the defendant is not guilty of an offence
listed in Schedule 3 or 5 by reason of insanity, or

(iii) a finding that the defendant is under a disability and
has done the act charged against the defendant in
15respect of an offence listed in Schedule 3 or 5,

and

(b) the court is satisfied that it is necessary to make a sexual harm
prevention order, for the purpose of—

(i) protecting the public or any particular members of
20the public from sexual harm from the defendant, or

(ii) protecting children or vulnerable adults generally, or
any particular children or vulnerable adults, from
sexual harm from the defendant outside the United
Kingdom.

(3) 25This subsection applies to the defendant where—

(a) an application under subsection (4) has been made in respect
of the defendant and it is proved on the application that the
defendant is a qualifying offender, and

(b) the court is satisfied that the defendant’s behaviour since the
30appropriate date makes it necessary to make a sexual harm
prevention order, for the purpose of—

(i) protecting the public or any particular members of
the public from sexual harm from the defendant, or

(ii) protecting children or vulnerable adults generally, or
35any particular children or vulnerable adults, from
sexual harm from the defendant outside the United
Kingdom.

(4) A chief officer of police or the Director General of the National Crime
Agency (“the Director General”) may by complaint to a magistrates’
40court apply for a sexual harm prevention order in respect of a person
if it appears to the chief officer or the Director General that—

(a) the person is a qualifying offender, and

(b) the person has since the appropriate date acted in such a way
as to give reasonable cause to believe that it is necessary for
45such an order to be made.

(5) A chief officer of police may make an application under subsection
(4) only in respect of a person—

(a) who resides in the chief officer’s police area, or

(b) who the chief officer believes is in that area or is intending to
5come to it.

(6) An application under subsection (4) may be made to any
magistrates’ court whose commission area includes—

(a) any part of a relevant police area, or

(b) any place where it is alleged that the person acted in a way
10mentioned in subsection (4)(b).

(7) The Director General must as soon as practicable notify the chief
officer of police for a relevant police area of any application that the
Director has made under subsection (4).

(8) In this section “relevant police area” means—

(a) 15where the applicant is a chief officer of police, the officer’s
police area;

(b) where the applicant is the Director General—

(i) the police area where the person in question resides,
or

(ii) 20a police area which the Director General believes the
person is in or is intending to come to.

103B Section 103A: supplemental

(1) In section 103A—

• “appropriate date”, in relation to a qualifying offender, means
  25the date or (as the case may be) the first date on which the
  offender was convicted, found or cautioned as mentioned in
  subsection (2) or (3) below;

• “child” means a person under 18;

• “the public” means the public in the United Kingdom;

• 30“sexual harm” from a person means physical or psychological
  harm caused—

  (a)

  by the person committing one or more offences listed
  in Schedule 3, or

  (b)

  (in the context of harm outside the United Kingdom)
  35by the person doing, outside the United Kingdom,
  anything which would constitute an offence listed in
  Schedule 3 if done in any part of the United Kingdom;

• “qualifying offender” means a person within subsection (2) or
  (3) below;

• 40“vulnerable adult” means a person aged 18 or over whose
  ability to protect himself or herself from physical or
  psychological harm is significantly impaired through
  physical or mental disability or illness, through old age or
  otherwise.

(2) 45A person is within this subsection if, whether before or after the
commencement of this Part, the person—

(a) has been convicted of an offence listed in Schedule 3 (other
than at paragraph 60) or in Schedule 5,