Anti-social Behaviour, Crime and Policing Bill

Page 1, line 8, leave out “capable of causing” and insert “that could reasonably be
expected to cause”

Page 2, line 6, leave out paragraph (a)

Page 2, leave out line 19 and insert “An application for an injunction under this
section must be made to—”

Page 2, line 21, at end insert—

“Paragraph (b) is subject to any rules of court made under section 18(1A).”

Page 5, line 6, at end insert—

“( )   In subsection (1) “the court” means—

(a)   the court that granted the injunction, except where paragraph (b)
applies;

(b)   the county court, where the injunction was granted by a youth court
but the respondent is aged 18 or over.”

Page 5, line 31, leave out paragraphs (b) and (c) and insert—

“(b)   a judge of the county court, if—

(i)   the injunction was granted by the county court, or

(ii)   the injunction was granted by a youth court but the
respondent is aged 18 or over;

(c)   a justice of the peace, if neither paragraph (a) nor paragraph (b)
applies.”

Page 5, line 40, leave out from “injunction” to end of line 42

Page 6, line 8, leave out paragraphs (b) and (c) and insert—

“(b)   a judge of the county court, if—

(i)   the injunction was granted by the county court, or

(ii)   the injunction was granted by a youth court but the
respondent is aged 18 or over;

(c)   a justice of the peace, if neither paragraph (a) nor paragraph (b)
applies.”

Page 138, line 34, leave out paragraph (b)

Page 139, line 9, leave out sub-paragraphs (5) and (6)

Page 139, line 31, leave out paragraph (a)

Page 147, line 9, leave out paragraphs 14 and 15

Page 6, line 36, at end insert—

“( )   the respondent is aged 18 or over,”

Leave out Clause 13

Page 9, line 36, at end insert—

“(1A)    Rules of court may provide for a youth court to give permission for an
application for an injunction under section 1 against a person aged 18 or
over to be made to the youth court if—

(a)   an application to the youth court has been made, or is to be made,
for an injunction under that section against a person aged under 18,
and

(b)   the youth court thinks that it would be in the interests of justice for
the applications to be heard together.”

Insert the following new Clause—

“Guidance

(1)   The Secretary of State may issue guidance to persons entitled to apply for
injunctions under section 1 (see section 4) about the exercise of their
functions under this Part.

(2)   The Secretary of State may revise any guidance issued under this section.

(3)   The Secretary of State must arrange for any guidance issued or revised
under this section to be published.”

Page 10, leave out line 4

Page 11, line 38, after “satisfied” insert “, beyond reasonable doubt,”

Page 12, line 16, leave out paragraph (a)

Page 15, line 42, after “any” insert “relevant”

Page 15, line 42, after “State” insert “under section (Guidance)”

Insert the following new Clause—

“Guidance

(1)   The Secretary of State may issue guidance to—

(a)   chief officers of police, and

(b)   the councils mentioned in section 28(2),

about the exercise of their functions under this Part.

(2)   The Secretary of State may revise any guidance issued under this section.

(3)   The Secretary of State must arrange for any guidance issued or revised
under this section to be published.”

Page 18, line 38, at end insert—

“( )   In deciding whether to give such an authorisation an officer must have
particular regard to the rights of freedom of expression and freedom of
assembly set out in articles 10 and 11 of the Convention.

“Convention” has the meaning given by section 21(1) of the Human Rights
Act 1998.”

Page 20, line 24, at end insert—

“( )   In deciding whether to give a direction under section 33 a constable must
have particular regard to the rights of freedom of expression and freedom
of assembly set out in articles 10 and 11 of the Convention.

“Convention” has the meaning given by section 21(1) of the Human Rights
Act 1998.”

Page 21, line 23, after “person” insert “over-18”

Page 21, line 27, at end insert—

“(2A)    A person under-18 guilty of an offence under subsection (1) is liable on
conviction to—

(a)   a fine not exceeding level 4 on the standard scale; or

(b)   being made subject to a supervision order or being made subject to
a Youth Rehabilitation Order.”

Insert the following new Clause—

“Guidance

(1)   The Secretary of State may issue guidance to chief officers of police about
the exercise, by officers under their direction or control, of those officers’
functions under this Part.

(2)   The Secretary of State may revise any guidance issued under this section.

(3)   The Secretary of State must arrange for any guidance issued or revised
under this section to be published.”

Page 26, line 9, leave out subsections (3) and (4)

Page 26, line 22, leave out “also”

Page 26, line 25, leave out subsection (6)

Page 27, line 25, leave out “to a constable as soon as reasonably practicable” and
insert “as soon as reasonably practicable—

(a)   to a constable, or

(b)   to a person employed by a local authority or designated by a local
authority under section 50(1)(c)”

Page 27, line 34, at end insert—

“( )   Where an item ordered to be forfeited under this section is kept by or
handed over to a person within subsection (2)(b), the local authority by
whom the person is employed or was designated must ensure that
arrangements are made for its destruction or disposal, either—

(a)   in accordance with the order, or

(b)   if no arrangements are specified in the order, in whatever way
seems appropriate to the local authority.”

Page 27, line 41, after “constable” insert “or designated person”

Page 27, line 42, at end insert—

“( )   In this section “designated person” means a person designated by a local
authority under section 50(1)(c).”

Page 28, line 1, after “constable” insert “or designated person”

Page 28, line 3, after “constable” insert “or designated person”

Insert the following new Clause—

“Guidance

(1)   The Secretary of State may issue—

(a)   guidance to chief officers of police about the exercise, by officers
under their direction or control, of those officers’ functions under
this Chapter;

(b)   guidance to local authorities about the exercise of their functions
under this Chapter and those of persons designated under section
50(1)(c).

(2)   The Secretary of State may revise any guidance issued under this section.

(3)   The Secretary of State must arrange for any guidance issued or revised
under this section to be published.”

Page 32, line 37, leave out subsection (7)

Page 33, line 25, leave out subsection (5)

Page 34, line 5, leave out subsections (5) and (6)

Page 38, line 1, leave out subsection (7) and insert—

“(7)   An interested person may not challenge the validity of a public spaces
protection order, or of a variation of a public spaces protection order, in any
legal proceedings (either before or after it is made) except—

(a)   under this section, or

(b)   under subsection (3) of section 63 (where the interested person is
charged with an offence under that section).”

Page 40, line 7, leave out subsection (2)

Insert the following new Clause—

“Bodies other than local authorities with statutory functions in relation to land

(1)   The Secretary of State may by order—

(a)   designate a person or body (other than a local authority) that has
power to make byelaws in relation to particular land, and

(b)   specify land in England to which the power relates.

(2)   This Chapter has effect as if—

(a)   a person or body designated under subsection (1) (a “designated
person”) were a local authority, and

(b)   land specified under that subsection were within its area.

But references in the rest of this section to a local authority are to a local
authority that is not a designated person.

(3)   The only prohibitions or requirements that may be imposed in a public
spaces protection order made by a designated person are ones that it has
power to impose (or would, but for section 66, have power to impose) by
making a byelaw in respect of the restricted area.

(4)   A public spaces protection order made by a designated person may not
include provision regulating, in relation to a particular public space, an
activity that is already regulated in relation to that space by a public spaces
protection order made by a local authority.

(5)   Where a public spaces protection order made by a local authority regulates,
in relation to a particular public space, an activity that a public spaces
protection order made by a designated person already regulates, the order
made by the designated person ceases to have that effect.

(6)   If a person or body that may be designated under subsection (1)(a) gives a
notice in writing under this subsection, in respect of land in relation to
which it has power to make byelaws, to a local authority in whose area the
land is situated—

(a)   no part of the land may form, or fall within, the restricted area of
any public spaces protection order made by the local authority;

(b)   if any part of the land—

(i)   forms the restricted area of a public spaces protection order
already made by the local authority, or

(ii)   falls within such an area,

  the order has ceases to have effect (where sub-paragraph (i) applies), or has effect as if the restricted area did not include the land in question (where sub-paragraph (ii) applies).”

Insert the following new Clause—

“Convention rights, consultation, publicity and notification

(1)   A local authority, in deciding—

(a)   whether to make a public spaces protection order (under section 55)
and if so what it should include,

(b)   whether to extend the period for which a public spaces protection
order has effect (under section 56) and if so for how long,

(c)   whether to vary a public spaces protection order (under section 57)
and if so how, or

(d)   whether to discharge a public spaces protection order (under
section 57),

must have particular regard to the rights of freedom of expression and
freedom of assembly set out in articles 10 and 11 of the Convention.

(2)   In subsection (1) “Convention” has the meaning given by section 21(1) of
the Human Rights Act 1998.

(3)   A local authority must carry out the necessary consultation and the
necessary publicity, and the necessary notification (if any), before—

(a)   making a public spaces protection order,

(b)   extending the period for which a public spaces protection order has
effect, or

(c)   varying or discharging a public spaces protection order.

(4)   In subsection (3)—

“the necessary consultation” means consulting with—

(a)   the chief officer of police, and the local policing body, for the
police area that includes the restricted area;

(b)   whatever community representatives the local authority
thinks it appropriate to consult;

(c)   the owner or occupier of land within the restricted area;

“the necessary publicity” means—

(a)   in the case of a proposed order or variation, publishing the
text of it;

(b)   in the case of a proposed extension or discharge, publicising
the proposal;

“the necessary notification” means notifying the following authorities
of the proposed order, extension, variation or discharge—

(a)   the parish council or community council (if any) for the area
that includes the restricted area;

(b)   in the case of a public spaces protection order made or to be
made by a district council in England, the county council (if
any) for the area that includes the restricted area.

(5)   The requirement to consult with the owner or occupier of land within the
restricted area—

(a)   does not apply to land that is owned and occupied by the local
authority;

(b)   applies only if, or to the extent that, it is reasonably practicable to
consult the owner or occupier of the land.

(6)   In the case of a person or body designated under section [Bodies other than
local authorities with statutory functions in relation to land], the necessary
consultation also includes consultation with the local authority which
(ignoring subsection (2) of that section) is the authority for the area that
includes the restricted area.

(7)   In relation to a variation of a public spaces protection order that would
increase the restricted area, the restricted area for the purposes of this
section is the increased area.”

Insert the following new Clause—

“Guidance

(1)   The Secretary of State may issue—

(a)   guidance to local authorities about the exercise of their functions
under this Chapter and those of persons authorised by local
authorities under section 59 or 64;

(b)   guidance to chief officers of police about the exercise, by officers
under their direction or control, of those officers’ functions under
this Part.

(2)   The Secretary of State may revise any guidance issued under this section.

(3)   The Secretary of State must arrange for any guidance issued or revised
under this section to be published.”

Page 40, line 21, after “London” insert “(in its capacity as a local authority)”

Page 40, line 28, leave out from “permission” to end of line 29

Page 40, line 30, at end insert—

“( )   For the purposes of this Chapter, a public spaces protection order
“regulates” an activity if the activity is—

(a)   prohibited by virtue of section 55(4)(a), or

(b)   subjected to requirements by virtue of section 55(4)(b),

whether or not for all persons and at all times.”

Page 40, line 31, leave out subsection (2)

Page 43, line 39, leave out “an employee” and insert “a representative”

Page 43, line 41, leave out “employee” and insert “representative”

Page 43, line 45, leave out “employee” and insert “representative”

Page 44, line 2, leave out “employee” and insert “representative”

Page 44, line 7, leave out “employee” and insert “representative”

Page 44, line 11, leave out “employee” and insert “representative”

Page 44, line 12, leave out “employee” and insert “representative”

Page 44, line 14, at end insert—

“( )   In this section “representative”, in relation to a local authority, means—

(a)   an employee of the authority, or

(b)   a person, or employee or a person, acting on behalf of the
authority.”

Insert the following new Clause—

“Guidance

(1)   The Secretary of State may issue—

(a)   guidance to chief officers of police about the exercise, by officers
under their direction or control, of those officers’ functions under
this Chapter;

(b)   guidance to local authorities about the exercise of their functions
under this Chapter and those of their representatives (within the
meaning of section 72).

(2)   The Secretary of State may revise any guidance issued under this section.

(3)   The Secretary of State must arrange for any guidance issued or revised
under this section to be published.”

Page 53, line 31, leave out “is capable of causing” and insert “could reasonably be
expected to cause”

Page 53, line 35, leave out “is capable of causing” and insert “could reasonably be
expected to cause”

Page 58, line 39, leave out “is capable of causing” and insert “could reasonably be
expected to cause”

Page 58, line 44, leave out “is capable of causing” and insert “could reasonably be
expected to cause”

Page 64, line 28, at end insert—

“( )   consultation with the local authority for any part of the area,”

Page 64, line 41, leave out “capable of causing” and insert “that could reasonably
be expected to cause”

Page 65, line 3, at end insert—

“local authority” means—

(a)   in relation to England, a district council, a county council for
an area for which there is no district 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;”

Page 65, line 40, leave out “capable of causing” and insert “that could reasonably
be expected to cause”

Page 81, line 21, leave out “2” and insert “7”

Insert the following new Clause—

“Local community safety plans

In section 6 of the Crime and Disorder Act 1998 (formulation and
implementation of strategies) after subsection (1A) insert—

“(1B)    In exercising functions under subsection (1), each of the responsible
authorities for a local government area must set out their approach
to making use of the powers conferred by Parts 1 to 5 of the Anti-
social Behaviour, Crime and Policing Act 2014.””

Insert the following new Clause—

“Policing and crime plans

In section 7(2)(b) of the Police Reform and Social Responsibility Act 2011
(police and crime plans) after “crime and disorder reduction in that area”
insert “including their objectives for the powers conferred by Parts 1 to 5 of
the Anti-social Behaviour, Crime and Policing Act 2014”.”

Insert the following new Clause—

“Crime and disorder reduction: development control

(1)   The Secretary of State shall designate a body representative of chief officers
of police for the purposes of this section.

(2)   A body designated under this section shall publish guidelines that specify
for a particular type of development the measures that should be included
in that development to promote—

(a)   crime and disorder reduction, and

(b)   the prevention of anti-social behaviour.

(3)   Guidelines under this section shall only be produced following
consultation with organisations that represent—

(a)   local authorities, and

(b)   persons engaged in the design and construction of developments
requiring planning permission.

(4)   A planning authority may, in respect of any application that it receives for
planning permission, specify as a condition for the approval of that
planning permission that the development concerned must follow
guidelines published under this section.

(5)   A planning authority may only specify a condition under subsection (4) if
it is satisfied that to do so would promote—

(a)   crime and disorder reduction, or

(b)   the prevention of anti-social behaviour.”

Page 132, line 24, at end insert “and Schedule 3”

Page 134, line 29, leave out subsection (2)

Page 134, line 40, at end insert “and Schedule 3”

Page 134, line 43, at end insert—

“( )   Different days may be appointed under subsection (1) or (4) for different
purposes or different areas.”