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

34 Restrictions

(1) A constable may not give a direction under section 33 to a person who appears
to the constable to be under the age of 10.

(2) A constable may not give a direction under section 33 that prevents the person
5to whom it is given having access to a place where the person lives.

(3) A constable may not give a direction under section 33 that prevents the person
to whom it is given attending at a place which the person is—

(a) required to attend for the purposes of the person’s employment, or a
contract of services to which the person is a party,

(b) 10required to attend by an obligation imposed by or under an enactment
or by the order of a court or tribunal, or

(c) expected to attend for the purposes of education or training or for the
purposes of receiving medical treatment,

at a time when the person is required or expected (as the case may be) to attend
15there.

(4) A constable may not give a direction to a person under section 33 if the person
is one of a group of persons who are—

(a) engaged in conduct that is lawful under section 220 of the Trade Union
and Labour Relations (Consolidation) Act 1992 (peaceful picketing), or

(b) 20taking part in a public procession of the kind mentioned in subsection
(1) of section 11 of the Public Order Act 1986 in respect of which—

(i) written notice has been given in accordance with that section, or

(ii) written notice is not required to be given as provided by
subsections (1) and (2) of that section.

35 25Surrender of property

(1) A constable who gives a person a direction under section 33 may also direct the
person to surrender to the constable any item in the person’s possession or
control that the constable reasonably believes has been used or is likely to be
used in behaviour that harasses, alarms or distresses members of the public.

(2) 30A direction under this section must be given in writing, unless that is not
reasonably practicable.

(3) A constable who gives a person a direction under this section must (unless it is
not reasonably practicable)—

(a) tell the person that failing without reasonable excuse to comply with
35the direction is an offence, and

(b) give the person information in writing about when and how the person
may recover the surrendered item.

(4) The surrendered item must not be returned to the person before the end of the
exclusion period.

(5) 40If after the end of that period the person asks for the item to be returned, it must
be returned (unless there is power to retain it under another enactment).

(6) But if it appears to a constable that the person is under the age of 16 and is not
accompanied by a parent or other responsible adult, the item may be retained
until the person is so accompanied.

(7) If the person has not asked for the return of the item before the end of the
period of 28 days beginning with the day on which the direction was given, the
item may be destroyed or otherwise disposed of.

36 Record-keeping

(1) 5A constable who gives a direction under section 33 must make a record of—

(a) the individual to whom the direction is given,

(b) the time at which the direction is given, and

(c) the terms of the direction (including in particular the area to which it
relates and the exclusion period).

(2) 10A constable who withdraws or varies a direction under section 33 must make
a record of—

(a) the time at which the direction is withdrawn or varied,

(b) whether notice of the withdrawal or variation is given to the person to
whom the direction was given and if it is, at what time, and

(c) 15if the direction is varied, the terms of the variation.

(3) A constable who gives a direction under section 35 must make a record of—

(a) the individual to whom the direction is given,

(b) the time at which the direction is given, and

(c) the item to which the direction relates.

37 20Offences

(1) A person given a direction under section 33 who fails without reasonable
excuse to comply with it commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary
conviction—

(a) 25to imprisonment for a period not exceeding 3 months, or

(b) to a fine not exceeding level 4 on the standard scale,

or to both.

(3) A person given a direction under section 35 who fails without reasonable
excuse to comply with it commits an offence.

(4) 30A person guilty of an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.

38 Powers of community support officers

(1) Schedule 4 to the Police Reform Act 2002 (powers of community support
officers) is amended as follows.

(2) 35In paragraph 2(6), for paragraph (aa) there is substituted—

“(aa) an offence under section 37 of the Anti-social Behaviour,
Crime and Policing Act 2013;”.

(3) For paragraph 4A of Schedule 4 there is substituted—

“4A Where a designation applies this paragraph to a person, that person
40has within the relevant police area the powers conferred on a

constable by section 33 of the Anti-social Behaviour, Crime and
Policing Act 2013.

4AB (1) Where a designation applies this paragraph to a person, that person
has within the relevant police area the powers conferred on a
5constable by section 35 of the Anti-social Behaviour, Crime and
Policing Act 2013.

(2) A designation may not apply this paragraph to a person unless a
designation also applies paragraph 4A to that person.”

39 Saving and transitional provision

(1) 10The repeal by this Act of Part 4 of the Anti-social Behaviour Act 2003, and the
repeal or amendment by this Act of provisions related to that Part, do not apply
in relation to—

(a) an authorisation given under section 30(2) of that Act before the
commencement day, or

(b) 15anything done in connection with such an authorisation.

(2) The repeal by this Act of section 27 of the Violent Crime Reduction Act 2006,
and the repeal or amendment by this Act of provisions related to that section,
do not apply in relation to—

(a) a direction given under that section before the commencement day, or

(b) 20anything done in connection with such a direction.

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

Part 4 Community protection

CHAPTER 1 25Community protection notices

Community protection notices

40 Power to issue notices

(1) An authorised person may issue a community protection notice to an
individual aged 16 or over, or a body, if satisfied on reasonable grounds that—

(a) 30the conduct of the individual or body is having a detrimental effect, of
a persistent or continuing nature, on the quality of life of those in the
locality, and

(b) the conduct is unreasonable.

(2) In subsection (1) “authorised person” means a person on whom section 50 (or
35an enactment amended by that section) confers power to issue community
protection notices.

(3) A community protection notice is a notice that imposes any of the following
requirements on the individual or body issued with it—

(a) a requirement to stop doing specified things;

(b) a requirement to do specified things;

(c) a requirement to take reasonable steps to achieve specified results.

(4) The only requirements that may be imposed are ones that are reasonable to
impose in order—

(a) 5to prevent the detrimental effect referred to in subsection (1) from
continuing or recurring, or

(b) to reduce that detrimental effect or to reduce the risk of its continuance
or recurrence.

(5) A person (A) may issue a community protection notice to an individual or
10body (B) only if—

(a) B has been given a written warning that the notice will be issued unless
B’s conduct ceases to have the detrimental effect referred to in
subsection (1), and

(b) A is satisfied that, despite B having had enough time to deal with the
15matter, B’s conduct is still having that effect.

(6) A person issuing a community protection notice must before doing so inform
any body or individual the person thinks appropriate.

(7) A community protection notice must—

(a) identify the conduct referred to in subsection (1);

(b) 20explain the effect of sections 43 to 48.

(8) A community protection notice may specify periods within which, or times by
which, requirements within subsection (3)(b) or (c) are to be complied with.

41 Occupiers of premises etc

(1) Conduct on, or affecting, premises (other than premises within subsection (2))
25that a particular person—

(a) owns,

(b) leases,

(c) occupies,

(d) controls,

(e) 30operates, or

(f) maintains,

is treated for the purposes of section 40 as conduct of that person.

(2) Conduct on, or affecting, premises occupied for the purposes of a government
department is treated for the purposes of section 40 as conduct of the Minister
35in charge of that department.

(3) This section does not treat an individual’s conduct as that of another person if
that person cannot reasonably be expected to control or affect it.

42 Occupier or owner unascertainable

(1) This section applies where—

(a) 40an authorised person has power to issue a community protection
notice,

(b) the detrimental effect referred to in section 40(1) arises from the
condition of premises or the use to which premises have been put, and

(c) the authorised person has made reasonable enquiries to find out the
name or proper address of the occupier of the premises (or, if the
premises are unoccupied, the owner) but without success.

(2) The authorised person may—

(a) 5post the community protection notice on the premises;

(b) enter the premises, or other premises, to the extent reasonably
necessary for that purpose.

(3) The community protection notice is treated as having been issued to the
occupier of the premises (or, if the premises are unoccupied, the owner) at the
10time the notice is posted.

(4) In this section “authorised person” has the same meaning as in section 40(1).

43 Appeals against notices

(1) A person issued with a community protection notice may appeal to a
magistrates’ court against the notice on any of the following grounds.

(2) An appeal must be made within the period of 21 days beginning with the day
on which the person is issued with the notice.

(3) While an appeal against a community protection notice is in progress—

(a) 35a requirement imposed by the notice to stop doing specified things
remains in effect, unless the court orders otherwise, but

(b) any other requirement imposed by the notice is of no effect.

For this purpose an appeal is “in progress” until it is finally determined or is
withdrawn.

(4) 40A magistrates’ court hearing an appeal against a community protection notice
must—

(a) quash the notice,

(b) modify the notice (for example by extending a period specified in it), or

(c) dismiss the appeal.

Failure to comply with notice

44 Remedial action by local authority

(1) Where a person issued with a community protection notice (“the defaulter”)
fails to comply with a requirement of the notice, the relevant local authority
5may take action under subsection (2) or subsection (3) (or both).

(2) The relevant local authority may have work carried out to ensure that the
failure is remedied, but only on land that is open to the air.

(3) As regards premises other than land open to the air, if the relevant local
authority issues the defaulter with a notice—

(a) 10specifying work it intends to have carried out to ensure that the failure
is remedied,

(b) specifying the estimated cost of the work, and

(c) inviting the defaulter to consent to the work being carried out,

the authority may have the work carried out if the necessary consent is given.

(4) 15In subsection (3) “the necessary consent” means the consent of—

(a) the defaulter, and

(b) the owner of the premises on which the work is to be carried out (if that
is not the defaulter).

Paragraph (b) does not apply where the relevant authority has made
20reasonable efforts to contact the owner of the premises but without success.

(5) A person authorised by a local authority to carry out work under this section
may enter any premises to the extent reasonably necessary for that purpose,
except that a person who is only authorised to carry out work under subsection
(2) may only enter land that is open to the air.

(6) 25If work is carried out under subsection (2) or (3) and the relevant local
authority issues a notice to the defaulter—

(a) giving details of the work that was carried out, and

(b) specifying an amount that is no more than the cost to the authority of
having the work carried out,

30the defaulter is liable to the authority for that amount (subject to the outcome
of any appeal under subsection (7)).

(7) A person issued with a notice under subsection (6) may appeal to a
magistrates’ court, within the period of 21 days beginning with the day on
which the notice was issued, on the ground that the amount specified under
35subsection (6)(b) is excessive.

(8) A magistrates’ court hearing an appeal under subsection (7) must—

(a) confirm the amount, or

(b) substitute a lower amount.

(9) In this section “the relevant local authority” means—

(a) 40the local authority that issued the community protection notice;

(b) if the community protection notice was not issued by a local authority,
the local authority (or, as the case may be, one of the local authorities)
that could have issued it.

45 Offence of failing to comply with notice

(1) A person issued with a community protection notice who fails to comply with
it commits an offence.

(2) A person guilty of an offence under this section is liable on summary
5conviction—

(a) to a fine not exceeding level 4 on the standard scale, in the case of an
individual;

(b) to a fine not exceeding £20,000, in the case of a body.

(3) A person does not commit an offence under this section if the conduct alleged
10to constitute a failure to comply with the community protection notice—

(a) has not had a detrimental effect on the quality of life of those in the
locality,

(b) has not been of a persistent or continuing nature,

(c) is not unreasonable, or

(d) 15is conduct that the person could not reasonably be expected to control
or affect.

(4) A person also does not commit an offence under this section if—

(a) the alleged offence consists in a failure to comply with a requirement
that was unreasonable, or in a failure to comply within a period or by a
20time that was unreasonable, or

(b) the notice was issued to the wrong person.

(5) A person also does not commit an offence under this section if—

(a) the person took all reasonable steps to comply with the notice, or

(b) there is some other reasonable excuse for the failure to comply with it.

(6) 25Subsections (3) to (5) apply only in relation to matters on which the defendant
puts the prosecution to proof.

46 Remedial orders

(1) A court before which a person is convicted of an offence under section 45 in
respect of a community protection notice may make whatever order the court
30thinks appropriate for ensuring that what the notice requires to be done is
done.

(2) An order under this section may in particular require the defendant—

(a) to carry out specified work, or

(b) to allow specified work to be carried out by or on behalf of a specified
35local authority.

(3) To be specified under subsection (2)(b) a local authority must be—

(a) the local authority that issued the community protection notice;

(b) if the community protection notice was not issued by a local authority,
the local authority (or, as the case may be, one of the local authorities)
40that could have issued it.

(4) A requirement imposed under subsection (2)(b) does not authorise the person
carrying out the work to enter the defendant’s home without the defendant’s
consent.

But this does not prevent a defendant who fails to give that consent from being
in breach of the court’s order.

But this does not prevent a defendant who fails to give that consent from being
5in breach of the court’s order.

(5) In subsection (4) “the defendant’s home” means the house, flat, vehicle or other
accommodation where the defendant—

(a) usually lives, or

(b) is living at the time when the work is or would be carried out.

(6) 10If work is carried out under subsection (2)(b) and the local authority specified
under that subsection issues a notice to the defaulter—

(a) giving details of the work that was carried out, and

(b) specifying an amount that is no more than the cost to the authority of
having the work carried out,

15the defaulter is liable to the authority for that amount (subject to the outcome
of any appeal under subsection (7)).

(7) A person issued with a notice under subsection (6) may appeal to a
magistrates’ court, within the period of 21 days beginning with the day on
which the notice was issued, on the ground that the amount specified under
20subsection (6)(b) is excessive.

(8) A magistrates’ court hearing an appeal under subsection (7) must—

(a) confirm the amount, or

(b) substitute a lower amount.

47 Forfeiture of item used in commission of offence

(1) 25A court before which a person is convicted of an offence under section 45 may
order the forfeiture of any item that was used in the commission of the offence.

(2) An order under this section may require a person in possession of the item to
hand it over to a constable as soon as reasonably practicable.

(3) An order under this section may require the item—

(a) 30to be destroyed, or

(b) to be disposed of in whatever way the order specifies.

(4) Where an item ordered to be forfeited under this section is kept by or handed
over to a constable, the police force of which the constable is a member must
ensure that arrangements are made for its destruction or disposal, either—

(a) 35in accordance with the order, or

(b) if no arrangements are specified in the order, in whatever way seems
appropriate to the police force.

48 Seizure of item used in commission of offence

(1) If a justice of the peace is satisfied on information on oath that there are
40reasonable grounds for suspecting—

(a) that an offence under section 45 has been committed, and

(b) that there is an item used in the commission of the offence on premises
specified in the information,

the justice may issue a warrant authorising any constable to enter the premises
45within 14 days from the date of issue of the warrant to seize the item.

(2) A constable may use reasonable force, if necessary, in executing a warrant
under this section.

(3) A constable who has seized an item under a warrant under this section—

(a) may retain the item until any relevant criminal proceedings have been
5finally determined, if such proceedings are started before the end of the
period of 28 days following the day on which the item was seized;

(b) otherwise, must before the end of that period return the item to the
person from whom it was seized.

(4) In subsection (3) “relevant criminal proceedings” means proceedings for an
10offence under section 45 in the commission of which the item is alleged to have
been used.

49 Fixed penalty notices

(1) An authorised person may issue a fixed penalty notice to anyone who that
person has reason to believe has committed an offence under section 45.

(2) 15In subsection (1) “authorised person” means a person on whom section 50 (or
an enactment amended by that section) confers power to issue fixed penalty
notices under this section.

(3) A fixed penalty notice is a notice offering the person to whom it is issued the
opportunity of discharging any liability to conviction for the offence by
20payment of a fixed penalty to a local authority specified in the notice.

(4) The local authority specified under subsection (3) must be—

(a) the local authority that issued the community protection notice to
which the fixed penalty notice relates;

(b) if the community protection notice was not issued by a local authority,
25the local authority (or, as the case may be, one of the local authorities)
that could have issued it.

(5) Where a person is issued with a notice under this section in respect of an
offence—

(a) no proceedings may be taken for the offence before the end of the
30period of 14 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays the
fixed penalty before the end of that period.

(6) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to
35constitute the offence;

(b) state the period during which (because of subsection (5)(a))
proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

(d) state the name and address of the person to whom the fixed penalty
40may be paid;

(e) specify permissible methods of payment.

(7) An amount specified under subsection (6)(c) must not be more than £100.

(8) A fixed penalty notice may specify two amounts under subsection (6)(c) and
specify that, if the lower of those amounts is paid within a specified period (of
45less than 14 days), that is the amount of the fixed penalty.

(9) Whatever other method may be specified under subsection (6)(e), payment of
a fixed penalty may be made by pre-paying and posting to the person whose
name is stated under subsection (6)(d), at the stated address, a letter containing
the amount of the penalty (in cash or otherwise).

(10) 5Where a letter is sent as mentioned in subsection (9), payment is regarded as
having been made at the time at which that letter would be delivered in the
ordinary course of post.

(11) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the chief finance officer of the
10local authority concerned, and

(b) states that payment of a fixed penalty was, or was not, received by the
dated specified in the certificate,

is evidence of the facts stated.

(12) In this section “chief finance officer”, in relation to a local authority, means the
15person with responsibility for the authority’s financial affairs.

Who may issue notices

50 Authorised persons

(1) A community protection notice or a fixed penalty notice may be issued by—

(a) a constable;

(b) 20the relevant local authority (see subsections (2) and (3));

(c) a person designated by the relevant local authority for the purposes of
this section.

(2) For a community protection notice, “the relevant local authority” means the
local authority (or, as the case may be, any of the local authorities) within
25whose area the conduct specified in the notice has, according to the notice, been
taking place.

(3) For a fixed penalty notice, “the relevant local authority” means the local
authority (or, as the case may be, any of the local authorities) within whose area
the offence in question is alleged to have taken place.

(4) 30Only a person of a description specified in an order made by the Secretary of
State for the purposes of subsection (1)(c) may be designated under that
subsection.

(5) In Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by
community support officers), after paragraph 1ZA there is inserted—

35“Power to issue community protection notices

1ZB A person shall have the power of a constable to issue a community
protection notice under section 40 of the Anti-social Behaviour,
Crime and Policing Act 2013 if—

(a) a designation applies this paragraph to that person, and

(b) 40the conduct specified in the notice has (according to the
notice) been taking place within the relevant police area.”

(6) In paragraph 1 of that Schedule (power of community support officers to issue
fixed penalty notices), after paragraph (ab) of sub-paragraph (2) there is