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

19 Interpretation etc

(1) In this Part—

• “anti-social behaviour” has the meaning given by section 1(2);

• “court” is to be read in accordance with section 1(8);

• 5“harm” includes serious ill-treatment or abuse, whether physical or not;

• “housing accommodation” includes—

  (a)

  flats, lodging-houses and hostels;

  (b)

  any yard, garden, outhouses and appurtenances belonging to
  the accommodation or usually enjoyed with it;

  (c)

  10any common areas used in connection with the
  accommodation;

• “housing provider” means—

  (a)

  a housing trust, within the meaning given by section 2 of the
  Housing Associations Act 1985, that is a charity;

  (b)

  15a housing action trust established under section 62 of the
  Housing Act 1988;

  (c)

  in relation to England, a non-profit private registered provider
  of social housing;

  (d)

  in relation to Wales, a Welsh body registered as a social
  20landlord under section 3 of the Housing Act 1996;

  (e)

  any body (other than a local authority or a body within
  paragraphs (a) to (d)) that is a landlord under a secure tenancy
  within the meaning given by section 79 of the Housing Act 1985;

• “local authority” means—

  (a)

  25in relation to England, a district council, a county council, a
  London borough council, the Common Council of the City of
  London or the Council of the Isles of Scilly;

  (b)

  in relation to Wales, a county council or a county borough
  council;

• 30“respondent” has the meaning given by section 1(1).

(2) A person’s age is treated for the purposes of this Part as being that which it
appears to the court to be after considering any available evidence.

20 Saving and transitional provision

(1) In this section “existing order” means any of the following injunctions and
35orders—

(a) an anti-social behaviour injunction under section 153A of the Housing
Act 1996;

(b) an injunction under section 153B of that Act (injunction against
unlawful use of premises);

(c) 40an injunction in which anything is included by virtue of section 153D(3)
or (4) of that Act (power to include provision banning person from
premises or area, or to include power of arrest, in injunction against
breach of tenancy agreement);

(d) an order under section 1 or 1B of the Crime and Disorder Act 1998 (anti-
45social behaviour orders etc);

(e) an individual support order under section 1AA of that Act made in
connection with an order under section 1 or 1B of that Act;

(f) an intervention order under section 1G of that Act;

(g) a drinking banning order under section 3 or 4 of the Violent Crime
Reduction Act 2006.

(2) The repeal or amendment by this Act of provisions about any of the existing
orders specified in subsection (1)(a) to (d), (f) and (g) does not apply in relation
5to—

(a) an application made before the commencement day for an existing
order;

(b) an existing order (whether made before or after that day) applied for
before that day;

(c) 10anything done in connection with such an application or order.

(3) The repeal or amendment by this Act of provisions about an order specified in
subsection (1)(e) does not apply in relation to—

(a) an individual support order made before the commencement day;

(b) anything done in connection with such an order.

(4) 15As from the commencement day there may be no variation of an existing order
that extends the period of the order or of any of its provisions.

(5) At the end of the period of 5 years beginning with the commencement day—

(a) in relation to any of the existing orders specified in subsection (1)(a), (b)
and (d) to (g) that is still in force, this Part has effect, with any necessary
20modifications (and with any modifications specified in an order under
section 160(7)), as if the provisions of the order were provisions of an
injunction under section 1;

(b) the provisions of this Part set out in section 13(5) apply to any
injunction specified in subsection (1)(c) that is still in force as they apply
25to an injunction under section 1;

(c) subsections (2) to (4) cease to have effect.

(6) In deciding whether to grant an injunction under section 1 a court may take
account of conduct occurring up to 6 months before the commencement day.

(7) In this section “commencement day” means the day on which this Part comes
30into force.

Part 2 Criminal behaviour orders

Criminal behaviour orders

21 Power to make orders

(1) 35This section applies where a person (“the offender”) is convicted of an offence.

(2) The court may make a criminal behaviour order against the offender if two
conditions are met.

(3) The first condition is that the court is satisfied that the offender has engaged in
behaviour that caused or was likely to cause harassment, alarm or distress to
40any person.

(4) The second condition is that the court considers that making the order will help
in preventing the offender from engaging in such behaviour.

(5) A criminal behaviour order is an order which, for the purpose of preventing
the offender from engaging in such behaviour—

(a) prohibits the offender from doing anything described in the order;

(b) requires the offender to do anything described in the order.

(6) 5The court may make a criminal behaviour order against the offender only if it
is made in addition to—

(a) a sentence imposed in respect of the offence, or

(b) an order discharging the offender conditionally.

(7) The court may make a criminal behaviour order against the offender only on
10the application of the prosecution.

(8) The prosecution must find out the views of the local youth offending team
before applying for a criminal behaviour order to be made if the offender will
be under the age of 18 when the application is made.

(9) Prohibitions and requirements in a criminal behaviour order must, so far as
15practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs;

(b) any interference with the times, if any, at which the offender normally
works or attends school or any other educational establishment;

(c) any conflict with the requirements of any other court order or
20injunction to which the offender may be subject.

(10) In this section “local youth offending team” means—

(a) the youth offending team in whose area it appears to the prosecution
that the offender lives, or

(b) if it appears to the prosecution that the offender lives in more than one
25such area, whichever one or more of the relevant youth offending
teams the prosecution thinks appropriate.

22 Proceedings on an application for an order

(1) For the purpose of deciding whether to make a criminal behaviour order the
court may consider evidence led by the prosecution and evidence led by the
30offender.

(2) It does not matter whether the evidence would have been admissible in the
proceedings in which the offender was convicted.

(3) The court may adjourn any proceedings on an application for a criminal
behaviour order even after sentencing the offender.

(4) 35If the offender does not appear for any adjourned proceedings the court may—

(a) further adjourn the proceedings,

(b) issue a warrant for the offender’s arrest, or

(c) hear the proceedings in the offender’s absence.

(5) The court may not act under paragraph (b) of subsection (4) unless it is satisfied
40that the offender has had adequate notice of the time and place of the
adjourned proceedings.

(6) The court may not act under paragraph (c) of subsection (4) unless it is satisfied
that the offender—

(a) has had adequate notice of the time and place of the adjourned
proceedings, and

(b) has been informed that if the offender does not appear for those
proceedings the court may hear the proceedings in his or her absence.

(7) 5Subsection (8) applies in relation to proceedings in which a criminal behaviour
order is made against an offender who is under the age of 18.

(8) In so far as the proceedings relate to the making of the order—

(a) section 49 of the Children and Young Persons Act 1933 (restrictions on
reports of proceedings in which children and young persons are
10concerned) does not apply in respect of the offender;

(b) section 39 of that Act (power to prohibit publication of certain matters)
does so apply.

23 Requirements included in orders

(1) A criminal behaviour order that includes a requirement must specify the
15person who is to be responsible for supervising compliance with the
requirement.

The person may be an individual or an organisation.

The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its
20suitability 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.

(3) 25Before including two or more requirements, the court must consider their
compatibility with each other.

(4) 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
30requirements”);

(b) to promote the offender’s compliance with the relevant requirements;

(c) if the person considers that the offender—

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

35to inform the prosecution and the appropriate chief officer of police.

(5) In subsection (4)(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 offender lives, or

(b) if it appears to that person that the offender lives in more than one
40police area, whichever of the relevant chief officers of police that person
thinks it most appropriate to inform.

(6) An offender subject to a requirement in a criminal behaviour 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
45person from time to time;

(b) notify the person of any change of address.

These obligations have effect as requirements of the order.

24 Duration of order etc

(1) A criminal behaviour order takes effect on the day it is made, subject to
subsection (2).

(2) 5If on the day a criminal behaviour order (“the new order”) is made the offender
is subject to another criminal behaviour order (“the previous order”), the new
order may be made so as to take effect on the day on which the previous order
ceases to have effect.

(3) A criminal behaviour order must specify the period (“the order period”) for
10which it has effect.

(4) In the case of a criminal behaviour order made before the offender has reached
the age of 18, the order period must be a fixed period of—

(a) not less than 1 year, and

(b) not more than 3 years.

(5) 15In the case of a criminal behaviour order made after the offender has reached
the age of 18, the order period must be—

(a) a fixed period of not less than 2 years, or

(b) an indefinite period (so that the order has effect until further order).

(6) A criminal behaviour order may specify periods for which particular
20prohibitions or requirements have effect.

Interim orders

25 Interim orders

(1) This section applies where a court adjourns the hearing of an application for a
criminal behaviour order.

(2) 25The court may make a criminal behaviour order that lasts until the final
hearing of the application or until further order (“an interim order”) if the court
thinks it just to do so.

(3) Section 21(6) to (8) and section 24(3) to (5) do not apply in relation to the
making of an interim order.

(4) 30Subject to that, the court has the same powers whether or not the criminal
behaviour order is an interim order.

Variation and discharge

26 Variation or discharge of orders

(1) A criminal behaviour order may be varied or discharged by the court which
35made it on the application of—

(a) the offender, or

(b) the prosecution.

(2) If an application by the offender under this section is dismissed, the offender
may make no further application under this section without—

(a) the consent of the court which made the order, or

(b) the agreement of the prosecution.

(3) If an application by the prosecution under this section is dismissed, the
prosecution may make no further application under this section without—

(a) 5the consent of the court which made the order, or

(b) the agreement of the offender.

(4) The power to vary an order includes power to include an additional
prohibition or requirement in the order or to extend the period for which a
prohibition or requirement has effect.

(5) 10Section 23 applies to additional requirements included under subsection (4) as
it applies to requirements included in a new order.

(6) In the case of a criminal behaviour order made by a magistrates’ court, the
references in this section to the court which made the order include a reference
to any magistrates’ court acting in the same local justice area as that court.

15Review of orders (under-18s)

27 Review of orders

(1) If—

(a) a person subject to a criminal behaviour order will be under the age of
18 at the end of a review period (see subsection (2)),

(b) 20the term of the order runs until the end of that period or beyond, and

(c) the order is not discharged before the end of that period,

a review of the operation of the order must be carried out before the end of that
period.

(2) The “review periods” are—

(a) 25the period of 12 months beginning with—

(i) the day on which the criminal behaviour order takes effect, or

(ii) if during that period the order is varied under section 26, the
day on which it is varied (or most recently varied, if the order is
varied more than once);

(b) 30a period of 12 months beginning with—

(i) the day after the end of the previous review period, or

(ii) if during that period of 12 months the order is varied under
section 26, the day on which it is varied (or most recently varied,
if the order is varied more than once).

(3) 35A review under this section must include consideration of—

(a) the extent to which the offender has complied with the order;

(b) the adequacy of any support available to the offender to help him or her
comply with it;

(c) any matters relevant to the question whether an application should be
40made for the order to be varied or discharged.

(4) Those carrying out or participating in a review under this section must have
regard to any guidance issued by the Secretary of State when considering—

(a) how the review should be carried out;

(b) what particular matters the review should deal with;

(c) what action (if any) it would be appropriate to take as a result of the
findings of the review.

28 Carrying out and participating in reviews

(1) A review under section 27 is to be carried out by the chief officer of police of
5the police force maintained for the police area in which the offender lives or
appears to be living.

(2) The chief officer, in carrying out a review under section 27, must act in co-
operation with the council for the local government area in which the offender
lives or appears to be living; and the council must co-operate in the carrying
10out of the review.

(3) The chief officer may invite the participation in the review of any other person
or body.

(4) In this section “local government area” means—

(a) in relation to England, a district or London borough, the City of
15London, the Isle of Wight and the Isles of Scilly;

(b) in relation to Wales, a county or a county borough.

For the purposes of this section, the council for the Inner and Middle Temples
is the Common Council of the City of London.

Breach of orders

29 20Breach of order

(1) A person who without reasonable excuse—

(a) does anything he or she is prohibited from doing by a criminal
behaviour order, or

(b) fails to do anything he or she is required to do by a criminal behaviour
25order,

commits an offence.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a period not exceeding 6
months or to a fine, or to both;

(b) 30on conviction on indictment, to imprisonment for a period not
exceeding 5 years or to a fine, or to both.

(3) If a person is convicted of an offence under this section, it is not open to the
court by or before which the person is convicted to make an order under
subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing)
35Act 2000 (conditional discharge).

(4) In proceedings for an offence under this section, a copy of the original criminal
behaviour order, certified by the proper officer of the court which made it, is
admissible as evidence of its having been made and of its contents to the same
extent that oral evidence of those things is admissible in those proceedings.

(5) 40In relation to any proceedings for an offence under this section that are brought
against a person under the age of 18—

(a) section 49 of the Children and Young Persons Act 1933 (restrictions on
reports of proceedings in which children and young persons are
concerned) does not apply in respect of the person;

(b) section 45 of the Youth Justice and Criminal Evidence Act 1999 (power
5to restrict reporting of criminal proceedings involving persons under
18) does so apply.

(6) If, in relation to any proceedings mentioned in subsection (5), the court does
exercise its power to give a direction under section 45 of the Youth Justice and
Criminal Evidence Act 1999, it must give its reasons for doing so.

10Supplemental

30 Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(special measures directions in the case of vulnerable and intimidated
witnesses) applies to criminal behaviour order proceedings as it applies to
15criminal proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (2)
(which make provision appropriate only in the context of criminal
proceedings), and

(b) any other necessary modifications.

(2) 20The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) section 27(10);

(e) 25section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
apply to criminal behaviour order proceedings—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) 30Section 47 of that Act (restrictions on reporting special measures directions etc)
applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) 35In this section “criminal behaviour order proceedings” means proceedings in a
magistrates’ court or the Crown Court so far as relating to the issue whether to
make a criminal behaviour order.

31 Saving and transitional provision

(1) The repeal or amendment by this Act of provisions about any of the orders
40specified in subsection (2) does not—

(a) prevent an order specified in that subsection from being made in
connection with criminal proceedings begun before the
commencement day;

(b) apply in relation to an order specified in that subsection which is made
in connection with criminal proceedings begun before that day;

(c) apply in relation to anything done in connection with such an order.

(2) The orders are—

(a) 5an order under section 1C of the Crime and Disorder Act 1998 (orders
on conviction in criminal proceedings);

(b) an individual support order under section 1AA of that Act made in
connection with an order under section 1C of that Act;

(c) a drinking banning order under section 6 of the Violent Crime
10Reduction Act 2006 (orders on conviction in criminal proceedings).

(3) As from the commencement day there may be no variation of an order
specified in subsection (2) that extends the period of the order or of any
provision of the order.

(4) At the end of the period of 5 years beginning with the commencement day—

(a) 15this Part has effect in relation to any order specified in subsection (2)
that is still in force as if the provisions of the order were provisions of a
criminal behaviour order;

(b) subsections (1) to (3) cease to have effect.

This Part, as it applies by virtue of paragraph (a), has effect with any necessary
20modifications (and with any modifications specified in an order under section
160(7)).

(5) In deciding whether to make a criminal behaviour order a court may take
account of conduct occurring up to 1 year before the commencement day.

(6) In this section “commencement day” means the day on which this Part comes
25into force.

Part 3 Dispersal powers

32 Authorisations to use powers under section 33

(1) A police officer of at least the rank of inspector may authorise the use in a
30specified locality, during a specified period of not more than 48 hours, of the
powers given by section 33.

“Specified” means specified in the authorisation.

“Specified” means specified in the authorisation.

(2) An officer may give such an authorisation only if satisfied on reasonable
35grounds that the use of those powers in the locality during that period may be
necessary for the purpose of removing or reducing the likelihood of—

(a) members of the public in the locality being harassed, alarmed or
distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) 40An authorisation under this section—

(a) must be in writing,

(b) must be signed by the officer giving it, and

(c) must specify the grounds on which it is given.

33 Directions excluding a person from an area

(1) If the conditions in subsections (2) and (3) are met and an authorisation is in
force under section 32, a constable in uniform may direct a person who is in a
public place in the locality specified in the authorisation—

(a) 5to leave the locality (or part of the locality), and

(b) not to return to the locality (or part of the locality) for the period
specified in the direction (“the exclusion period”).

(2) The first condition is that the constable has reasonable grounds to suspect that
the behaviour of the person in the locality has contributed or is likely to
10contribute to—

(a) members of the public in the locality being harassed, alarmed or
distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) The second condition is that the constable considers that giving a direction to
15the person is necessary for the purpose of removing or reducing the likelihood
of the events mentioned in subsection (2)(a) or (b).

(4) The exclusion period may not exceed 48 hours.

The period may expire after (as long as it begins during) the period specified
in the authorisation under section 32.

20The period may expire after (as long as it begins during) the period specified
in the authorisation under section 32.

(5) A direction under this section—

(a) must be given in writing, unless that is not reasonably practicable;

(b) must specify the area to which it relates;

(c) 25may impose requirements as to the time by which the person must
leave the area and the manner in which the person must do so
(including the route).

(6) The constable must (unless it is not reasonably practicable) tell the person to
whom the direction is given that failing without reasonable excuse to comply
30with the direction is an offence.

(7) If the constable reasonably believes that the person to whom the direction is
given is under the age of 16, the constable may remove the person to a place
where the person lives or a place of safety.

(8) Any constable may withdraw or vary a direction under this section; but a
35variation must not extend the duration of a direction beyond 48 hours from
when it was first given.

(9) Notice of a withdrawal or variation of a direction—

(a) must be given to the person to whom the direction was given, unless
that is not reasonably practicable, and

(b) 40if given, must be given in writing unless that is not reasonably
practicable.

(10) In this section “public place” means a place to which at the material time the
public or a section of the public has access, on payment or otherwise, as of right
or by virtue of express or implied permission.

(11) 45In this Part “exclusion period” has the meaning given by subsection (1)(b).