Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)

constables), after paragraph 7 there is inserted—

“Financial arrangements etc

7A (1) A chief constable may, by way of temporary loan or overdraft from
a bank or otherwise, borrow sums temporarily required by the chief
5constable, but only—

(a) for the purpose of meeting expenses pending the receipt of
revenues receivable by the chief constable in respect of the
period of account in which the expenses are chargeable,

(b) in sterling, and

(c) 10with the consent of the relevant police and crime
commissioner.

(2) A chief constable—

(a) may not borrow money except as permitted by sub-
paragraph (1);

(b) 15may not enter into a credit arrangement.

(3) A chief constable may invest—

(a) for any purpose relevant to the chief constable’s functions
under any enactment, or

(b) for the purpose of the prudent management of the chief
20constable’s financial affairs,

but only with the consent of the relevant police and crime
commissioner.

(4) The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts) apply in relation to a chief
25constable as they apply in relation to a local authority—

(a) section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(c) sections 9 to 11 (capital receipts), except for section 11(2)(b)
and (3) to (6);

(d) 30section 13 (security for money borrowed etc);

(e) section 14 (information);

(f) section 15 (guidance);

(g) section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) 35section 18 (companies etc), ignoring any reference to a
Passenger Transport Executive;

(j) section 20 (directions);

(k) sections 21 and 22 (accounts);

(l) section 24(1) and (2)(b) (application to Wales).

(5) 40Regulations made by the Secretary of State under any of the
provisions listed in sub-paragraph (4) apply in relation to the chief
constable of a police force in England as they apply in relation to a
local authority in England.

(6) Regulations made by the Welsh Ministers under any of those
45provisions apply in relation to the chief constable of a police force in
Wales as they apply in relation to a local authority in Wales.

(7) Any of those provisions, or regulations made under them, that apply
for the purposes of Chapter 1 of Part 1 of the Local Government Act
2003 apply also (so far as relevant) for the purposes of sub-
paragraphs (1) to (3).

(8) 5An order under section 217 or 218 of the Local Government and
Public Involvement in Health Act 2007, as it has effect for the
purposes of section 18(2)(b) of the Local Government Act 2003 as
applied by sub-paragraph (4)(i), applies—

(a) with the substitution of a reference to a chief constable for a
10reference to a local authority, and

(b) with any other necessary modifications.”

(2) In Schedule 4 to that Act (Commissioner of Police of the Metropolis), after
paragraph 4 there is inserted—

“Financial arrangements etc

4A (1) 15The Commissioner of Police of the Metropolis may, by way of
temporary loan or overdraft from a bank or otherwise, borrow sums
temporarily required by the Commissioner, but only—

(a) for the purpose of meeting expenses pending the receipt of
revenues receivable by the Commissioner in respect of the
20period of account in which the expenses are chargeable,

(b) in sterling, and

(c) with the consent of the Mayor’s Office for Policing and
Crime.

(2) The Commissioner of Police of the Metropolis—

(a) 25may not borrow money except as permitted by sub-
paragraph (1);

(b) may not enter into a credit arrangement.

(3) The Commissioner of Police of the Metropolis may invest—

(a) for any purpose relevant to the Commissioner’s functions
30under any enactment, or

(b) for the purpose of the prudent management of the
Commissioner’s financial affairs,

but only with the consent of the Mayor’s Office for Policing and
Crime.

(4) 35The following provisions of Part 1 of the Local Government Act 2003
(capital finance etc and accounts), and any regulations made under
them by the Secretary of State, apply in relation to the Commissioner
of Police of the Metropolis as they apply in relation to a local
authority in England—

(a) 40section 6 (protection of lenders);

(b) section 7 (meaning of “credit arrangements”);

(c) sections 9 to 11 (capital receipts), except for section 11(2)(b)
and (3) to (6);

(d) section 13 (security for money borrowed etc);

(e) 45section 14 (information);

(f) section 15 (guidance);

(g) section 16 (meaning of “capital expenditure”);

(h) section 17 (external funds);

(i) section 18 (companies etc), ignoring any reference to a
Passenger Transport Executive;

(j) section 20 (directions);

(k) 5sections 21 and 22 (accounts).

(5) Any of those provisions, or regulations made under them by the
Secretary of State, that apply for the purposes of Chapter 1 of Part 1
of the Local Government Act 2003 apply also (so far as relevant) for
the purposes of sub-paragraphs (1) to (3).

(6) 10An order under section 217 of the Local Government and Public
Involvement in Health Act 2007, as it has effect for the purposes of
section 18(2)(b) of the Local Government Act 2003 as applied by sub-
paragraph (4)(i), applies—

(a) with the substitution of a reference to the Commissioner of
15Police of the Metropolis for a reference to a local authority,
and

(b) with any other necessary modifications.”

130 Grants to local policing bodies

(1) In section 46 of the Police Act 1996 (police grant), in subsection (1), for the
20words from “for each financial year” to the end of paragraph (b) there is
substituted “for each financial year—

“(a) make grants to police and crime commissioners for the
purposes of their functions,

(b) make grants to the Common Council for the purposes of its
25functions as police authority, and

(c) make grants to the Greater London Authority for the purposes
of the functions of the Mayor’s Office for Policing and Crime;”.

(2) The words “for police purposes” are omitted—

(a) in subsection (1) of section 47 of the Police Act 1996 (grants for capital
30expenditure);

(b) in subsection (2) of section 92 of that Act (grants by local authorities).

131 Powers of local policing bodies to provide or commission services

(1) A local policing body may provide or arrange for the provision of—

(a) services that in the opinion of the local policing body will secure, or
35contribute to securing, crime and disorder reduction in the body’s area;

(b) services that are intended by the local policing body to help victims or
witnesses of, or other persons affected by, offences and anti-social
behaviour;

(c) services of a description specified in an order made by the Secretary of
40State.

(2) An order under subsection (1)(c) may make different provision for different
areas.

(3) A local policing body arranging for the provision of services under this section
may make grants in connection with the arrangements.

A grant may be subject to any conditions (including conditions as to
repayment) that the local policing body thinks appropriate.

A grant may be subject to any conditions (including conditions as to
5repayment) that the local policing body thinks appropriate.

(4) In this section—

• “anti-social behaviour” means behaviour by a person that causes or is
  likely to cause harassment, alarm or distress to one or more other
  persons not of the same household as that person;

• 10“crime and disorder reduction” means reduction in levels of—

  (a)

  crime and disorder (including anti-social behaviour and other
  behaviour adversely affecting the local environment),

  (b)

  the misuse of drugs, alcohol and other substances, and

  (c)

  re-offending.

15Child sexual exploitation at hotels

132 Information about guests at hotels believed to be used for child sexual
exploitation

(1) A police officer of at least the rank of inspector may issue a notice under this
section to the owner, operator or manager of a hotel that the officer reasonably
20believes has been or will be used for the purposes of—

(a) child sexual exploitation, or

(b) conduct that is preparatory to, or otherwise connected with, child
sexual exploitation.

(2) A notice under this section must be in writing and must—

(a) 25specify the hotel to which it relates;

(b) specify the date on which it comes into effect and the date on which it
expires;

(c) explain the effect of subsections (4) and (5) and sections 133 and 134.

(3) The date on which the notice expires must not be more than 6 months after the
30date on which it comes into effect.

(4) A constable may require a person issued with a notice under this section to
provide the constable with information about guests at the hotel.

(5) The only information that a constable may require under subsection (4) is—

(a) guests’ names and addresses;

(b) 35other information about guests that—

(i) is specified in regulations made by the Secretary of State, and

(ii) can be readily obtained from one or more of the guests
themselves.

(6) A requirement under subsection (4)—

(a) 40must be in writing;

(b) must specify the period to which the requirement relates;

(c) must specify the date or dates on or by which the required information
is to be provided.

The period specified under paragraph (b) must begin no earlier than the time
45when the requirement is imposed and must end no later than the expiry of the
notice under this section.

(7) In this section—

Anti-social Behaviour, Crime and Policing BillPage 104

• “child sexual exploitation” means conduct that constitutes an offence
  listed in subsection (8)(a) or (b), or an offence listed in subsection (8)(c)
  against a person under 18;

• “guest” means a person who, for a charge payable by that person or
  5another, has the use of a guest room at the hotel in question;

• “hotel” includes any guest house or other establishment of a similar kind
  at which accommodation is provided for a charge.

(8) The offences are—

(a) an offence under any of the following sections of the Sexual Offences
10Act 2003—

• sections 5 to 8 (rape and other offences against children under 13);

• sections 9 to 13 (child sex offences);

• sections 16 to 19 (abuse of position of trust);

• sections 25 and 26 (familial child sex offences);

• 15sections 47 to 50 (abuse of children through prostitution and
  pornography);

(b) an offence under section 1 of the Protection of Children Act 1978
(indecent photographs of children);

(c) an offence under any of the following sections of the Sexual Offences
20Act 2003—

• sections 1 to 4 (rape, assault and causing sexual activity without
  consent);

• sections 30 to 41 (persons with a mental disorder impeding choice,
  inducements etc to persons with a mental disorder, and care
  25workers for persons with a mental disorder);

• section 59A (trafficking people for sexual exploitation);

• section 61 (administering a substance with intent);

• sections 66 and 67 (exposure and voyeurism).

133 Appeals against notices under section 132

(1) 30A person issued with a notice under section 132 may appeal against it to a
magistrates’ court.

(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) Where there is an appeal against a notice under section 132, then until the
35appeal is finally determined or withdrawn—

(a) no requirement may be imposed under subsection (4) of that section in
relation to the premises in question;

(b) any such requirement already imposed is of no effect.

(4) A magistrates’ court hearing an appeal against a notice under section 132
40must—

(a) quash the notice,

(b) modify the notice, or

(c) dismiss the appeal.

134 Offences

(1) An offence is committed by a person who fails without reasonable excuse to
comply with a requirement imposed on the person under 132(4).

(2) An offence is committed by a person who, in response to a requirement
5imposed on the person under section 132(4), provides incorrect information
which the person—

(a) did not take reasonable steps to verify or to have verified, or

(b) knows to be incorrect.

(3) A person does not commit an offence under subsection (2)(a) if there were no
10steps that the person could reasonably have taken to verify the information or
to have it verified.

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

Personal samples and DNA profiles

135 15Power to take further fingerprints or non-intimate samples

(1) In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting)—

(a) in subsections (5A) and (5B), for the words after “investigation” in
paragraph (b) there is substituted “but

“(i) subsection (3A)(a) or (b) above applies, or

(ii) 20subsection (5C) below applies.”;

(b) after subsection (5B) there is inserted—

“(5C) This subsection applies where—

(a) the investigation was discontinued but subsequently
resumed, and

(b) 25before the resumption of the investigation the
fingerprints were destroyed pursuant to section 63D(3)
below.”

(2) In section 63 of that Act (non-intimate samples)—

(a) at the end of subsection (3ZA)(b) there is inserted “, or

“(iii) 30subsection (3AA) below applies.”;

(b) in subsection (3A)(b), for “insufficient; or” there is substituted
“insufficient, or

“(iii) subsection (3AA) below applies; or”;

(c) after subsection (3A) there is inserted—

“(3AA) 35This subsection applies where the investigation was
discontinued but subsequently resumed, and before the
resumption of the investigation—

(a) any DNA profile derived from the sample was
destroyed pursuant to section 63D(3) below, and

(b) 40the sample itself was destroyed pursuant to section
63R(4), (5) or (12) below.”

136 Power to retain fingerprints or DNA profile in connection with different
offence

(1) For section 63P of the Police and Criminal Evidence Act 1984 (section 63D
material obtained for one purpose and used for another) there is substituted—

“63P 5Retention of 63D material in connection with different offence

(1) Subsection (2) applies if—

(a) section 63D material is taken (or, in the case of a DNA profile,
derived from a sample taken) from a person in connection with
the investigation of an offence, and

(b) 10the person is subsequently arrested for or charged with a
different offence, or convicted of or given a penalty notice for a
different offence.

(2) Sections 63E to 63O and sections 63Q and 63T have effect in relation to
the material as if the material were also taken (or, in the case of a DNA
15profile, derived from a sample taken)—

(a) in connection with the investigation of the offence mentioned in
subsection (1)(b),

(b) on the date on which the person was arrested for that offence (or
charged with it or given a penalty notice for it, if the person was
20not arrested).”

(2) The amendment made by subsection (1) applies even where the event referred
to in subsection (1)(b) of the substituted section 63P occurs before the day on
which this section comes into force.

137 Retention of personal samples that are or may be disclosable

(1) 25In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and
samples etc: exclusions from destruction rules)—

(a) in subsection (5) (material that is or may become disclosable to the
defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted
“Sections 63D to 63T”;

(b) 30after that subsection there is inserted—

“(5A) A sample that—

(a) falls within subsection (5), and

(b) but for that subsection would be required to be
destroyed under section 63R,

35must not be used other than for the purposes of any
proceedings for the offence in connection with which the
sample was taken.

(5B) A sample that once fell within subsection (5) but no longer does,
and so becomes a sample to which section 63R applies, must be
40destroyed immediately if the time specified for its destruction
under that section has already passed.”

(2) In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in
paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of
Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction
45rules of material that is or may become disclosable to the defence)—

(a) for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A
material” there is substituted “Paragraphs 20A to 20H do not apply to
material”;

(b) at the end of that paragraph (which becomes sub-paragraph (1)) there
5is inserted—

“(2) A sample that—

(a) falls within sub-paragraph (1), and

(b) but for that sub-paragraph would be required to be
destroyed under paragraph 20G,

10must not be used other than for the purposes of any
proceedings for the offence in connection with which the
sample was taken.

(3) A sample that once fell within sub-paragraph (1) but no
longer does, and so becomes a sample to which paragraph
1520G applies, must be destroyed immediately if the time
specified for its destruction under that paragraph has already
passed.”

Miscellaneous

138 Powers to seize invalid passports etc

20Schedule 7 (powers to seize invalid passports etc) has effect.

139 Port and border controls

Schedule 8 (which amends Schedules 7 and 8 to the Terrorism Act 2000) has
effect.

140 Inspection of Serious Fraud Office

(1) 25In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions
of the Chief Inspector of the Crown Prosecution Service), for subsection (4)
there is substituted—

“(4) This section applies to—

(a) the Revenue and Customs Prosecutions Office, and

(b) 30the Serious Fraud Office,

as it applies to the Crown Prosecution Service.”

(2) In section 3 of the Criminal Justice Act 1987 (disclosure of information by
Serious Fraud Office)—

(a) the word “and” before paragraph (c) of subsection (1) is omitted;

(b) 35after that paragraph there is inserted “; and

“(d) in order to comply with a requirement imposed under
paragraph 7 of the Schedule to the Crown Prosecution
Service Inspectorate Act 2000,”;

(c) in subsection (3), for the words from “by a member of the Serious Fraud
40Office” to “or elsewhere and” there is substituted “by a member of the

Serious Fraud Office—

“(a) for the purposes of any prosecution in England and
Wales, Northern Ireland or elsewhere, or

(b) in order to comply with a requirement imposed under
5paragraph 7 of the Schedule to the Crown Prosecution
Service Inspectorate Act 2000,

and”.

141 Fees for criminal record certificates etc

In Part 5 of the Police Act 1997 (criminal record certificates etc), in section 125
10(regulations), after subsection (1) there is inserted—

“(1A) In prescribing the amount of a fee that—

(a) is payable in relation to applications under a particular
provision of this Part, but

(b) is not payable in relation to applications made by volunteers,

15the Secretary of State may take into account not only the costs
associated with applications in relation to which the fee is payable but
also the costs associated with applications under that provision made
by volunteers.”

142 Powers of community support officers

20Schedule 9 (which amends Part 1 of Schedule 4 to the Police Reform Act 2002)
has effect.

Part 12 Extradition

Amendments of the Extradition Act 2003

143 25Date of extradition hearing

In section 8 of the Extradition Act 2003 (date of extradition hearing etc:
extradition to category 1 territory) after subsection (4) there is inserted—

“(4A) But if proceedings in respect of the extradition are adjourned under
section 8A or 8B, the permitted period is extended by the number of
30days for which the proceedings are so adjourned.”

144 Extradition barred if no prosecution decision in requesting territory

(1) In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph
(a) of subsection (1) there is inserted—

“(aa) absence of prosecution decision;”.

(2) 35After section 12 of that Act there is inserted—

“12A Absence of prosecution decision

(1) A person’s extradition to a category 1 territory is barred by reason of
absence of prosecution decision if (and only if)—

(a) it appears to the appropriate judge that there are reasonable
grounds for believing that—

(i) the competent authorities in the category 1 territory
have not made a decision to charge or have not made a
5decision to try (or have made neither of those decisions),
and

(ii) the person’s absence from the category 1 territory is not
the sole reason for that failure,

and

(b) 10those representing the category 1 territory do not prove that—

(i) the competent authorities in the category 1 territory
have made a decision to charge and a decision to try, or

(ii) in a case where one of those decisions has not been made
(or neither of them has been made), the person’s absence
15from the category 1 territory is the sole reason for that
failure.

(2) In this section “to charge” and “to try”, in relation to a person and an
extradition offence, mean—

(a) to charge the person with the offence in the category 1 territory,
20and

(b) to try the person for the offence in the category 1 territory.”

(3) In a case where the Part 1 warrant (within the meaning of the Extradition Act
2003) has been issued before the time when the amendments made by this
section come into force, those amendments apply to the extradition concerned
25only if, at that time, the judge has not yet decided all of the questions in section
11(1) of that Act.

145 Proportionality

(1) In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (5),
for “21” there is substituted “21A”.

(2) 30After section 21 of that Act there is inserted—

“21A Person not convicted: human rights and proportionality

(1) If the judge is required to proceed under this section (by virtue of
section 11), the judge must decide both of the following questions in
respect of the extradition of the person (“D”)—

(a) 35whether the extradition would be compatible with the
Convention rights within the meaning of the Human Rights Act
1998;

(b) whether the extradition would be disproportionate.

(2) In deciding whether the extradition would be disproportionate, the
40judge must take into account the specified matters relating to
proportionality (so far as the judge thinks it appropriate to do so); but
the judge must not take any other matters into account.

(3) These are the specified matters relating to proportionality—

(a) the seriousness of the conduct alleged to constitute the
45extradition offence;