Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

subsection (3), at the end of paragraph (d) there is inserted “, or

“(e) a member of the British Transport Police Force, or

(f) a person employed by the British Transport Police Authority
who is under the direction and control of the Chief Constable of
5the British Transport Police Force.”

(2) The following are repealed—

(a) subsections (3A) and (3B) of section 54 of the Firearms Act 1968, and

(b) paragraph 9 of Schedule 7 to the Anti-terrorism, Crime and Security
Act 2001 (which inserted those subsections).

10Part 9 Protection from sexual harm and violence

Protection from sexual harm

112 Sexual harm prevention orders and sexual risk orders, etc

(1) Schedule 5 (amendments of Parts 2 and 3 of the Sexual Offences Act 2003) has
15effect.

(2) In section 142 of the Sexual Offences Act 2003 (extent etc)—

(a) in subsection (2) (provisions that extend to Northern Ireland, as well as
England and Wales), for paragraph (c) there is substituted—

“(c) sections 80 to 85, 86 to 88, 89 to 91, 92 to 96, 96B to 103,
20122F and 130 to 136ZD;

(ca) Part 2A;”;

(b) after that subsection there is inserted—

“(2A) Sections 85A, 96A, 96AA, 110, 117A, 119 and 123 to 129 and
Schedule 3A extend only to Northern Ireland.”

(c) 25In subsection (3) (provisions that extend to Scotland, as well as England
and Wales) for paragraph (a) there is substituted—

“(a) sections 80 to 85, 86 to 88, 89 to 91, 92, 94 to 96, 97 to 103,
122F, 130 to 132 and 133 to 136ZB;”;

ERROR:This is very likely an error in markup in the FM document. [\t(d)\t after that subsection there is inserted \t (3A)\t Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to Scotland. \t(3B)\t Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to Northern Ireland and Scotland but not to England and Wales. \t(3C)\t The references to section 96A in subsections (2A) and (3A) are references respectively to \t(a)\t the section 96A inserted by the Criminal Justice Act (Northern Ireland) 2013, and \t(b)\t the section 96A inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006.\xd3 ]

(3A) 30Sections 88A to 88I, 96A, 111A, 117B, 120 and 121 extend only to
Scotland.

(3B) Sections 104 to 109, 111, 112 to 117, 118 and 122 extend to
Northern Ireland and Scotland but not to England and Wales.

(3C) The references to section 96A in subsections (2A) and (3A) are
35references respectively to—

(a) the section 96A inserted by the Criminal Justice Act
(Northern Ireland) 2013, and

(b) the section 96A inserted by the Police, Public Order and
Criminal Justice (Scotland) Act 2006.”

113 40Saving and transitional provision

(1) In this section—

Anti-social Behaviour, Crime and Policing BillPage 81

• “the 2003 Act” means the Sexual Offences Act 2003;

• “existing order” means—

  (a)

  a sexual offences prevention order under section 104 of the 2003
  Act;

  (b)

  5a foreign travel order under section 114 of that Act;

  (c)

  a risk of sexual harm order under section 123 of that Act;

• “new order” means—

  (a)

  a sexual harm prevention order (made under section 103A of
  the 2003 Act, inserted by Schedule 5);

  (b)

  10a sexual risk order (made under section 122A of that Act,
  inserted by that Schedule);

• “old order” means—

  (a)

  a restraining order under section 5A of the Sex Offenders Act
  1997;

  (b)

  15a sex offender order under section 2 of the Crime and Disorder
  Act 1998.

(2) The repeal or amendment by this Act of sections 104 to 122 or sections 123 to
129 of the 2003 Act does not apply in relation to—

(a) an application made before the commencement day for an existing
20order;

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

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

(3) The following sections of the 2003 Act inserted by Schedule 5 apply (as
25appropriate) to an old order as they apply to a new order—

(a) section 103E (variation, renewal and discharge of sexual harm
prevention order);

(b) section 103I (offence of breach of sexual harm prevention order);

(c) section 122E (variation, renewal and discharge of sexual risk order);

(d) 30section 122H (offence of breach of sexual risk order).

(4) As from the commencement day there may be no variation of an existing order
or an old 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 existing order or old order that is still in force, sections
35103E and 103I of the 2003 Act or sections 122E and 122H of that Act (as
appropriate) have effect, with any necessary modifications (and with
any modifications specified in an order under section 182(7) of this
Act), as if the provisions of the order were provisions of a new order;

(b) subsections (2) and (3) cease to have effect.

(6) 40In this section “commencement day” means the day on which this section
comes into force.

Child sexual exploitation at hotels

114 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
5section to the owner, operator or manager of a hotel that the officer reasonably
believes 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) 10A notice under this section must be in writing and must—

(a) specify 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 115 and 116.

(3) 15The date on which the notice expires must not be more than 6 months after the
date 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) 20guests’ names and addresses;

(b) other 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) 25A requirement under subsection (4)—

(a) must 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.

30The period specified under paragraph (b) must begin no earlier than the time
when the requirement is imposed and must end no later than the expiry of the
notice under this section.

(7) In this section—

• “child sexual exploitation” means conduct that constitutes an offence
  35listed 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
  another, has the use of a guest room at the hotel in question;

• “hotel” includes any guest house or other establishment of a similar kind
  40at which accommodation is provided for a charge.

(8) The offences are—

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

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

• 45sections 9 to 13 (child sex offences);

Anti-social Behaviour, Crime and Policing BillPage 83

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

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

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

(b) 5an 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
Act 2003—

• sections 1 to 4 (rape, assault and causing sexual activity without
  10consent);

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

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

• 15section 61 (administering a substance with intent);

• sections 66 and 67 (exposure and voyeurism).

115 Appeals against notices under section 114

(1) A person issued with a notice under section 114 may appeal against it to a
magistrates’ court.

(2) 20An 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 114, then until the
appeal is finally determined or withdrawn—

(a) no requirement may be imposed under subsection (4) of that section in
25relation 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 114
must—

(a) quash the notice,

(b) 30modify the notice, or

(c) dismiss the appeal.

116 Offences

(1) An offence is committed by a person who fails without reasonable excuse to
comply with a requirement imposed on the person under 114(4).

(2) 35An offence is committed by a person who, in response to a requirement
imposed on the person under section 114(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) 40A person does not commit an offence under subsection (2)(a) if there were no
steps 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.

Violent offending

117 Violent offender orders

(1) In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender
orders), after subsection (5) there is inserted—

“(6) 5The Secretary of State may by order—

(a) amend subsection (3);

(b) make consequential amendments to subsection (4).”

(2) In section 147(5) of that Act (orders etc subject to affirmative resolution
procedure), after paragraph (d) there is inserted—

“(da) 10an order under section 98(6),”.

(3) In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection
(5) (meaning of “relevant offence”) after “a specified offence” there is inserted
“, or the offence of murder,”.

Part 10 15Forced marriage

118 Offence of breaching forced marriage protection order

(1) The Family Law Act 1996 is amended as follows.

(2) After section 63C there is inserted—

“63CA Offence of breaching order

(1) 20A person who without reasonable excuse does anything that the person
is prohibited from doing by a forced marriage protection order is guilty
of an offence.

(2) In the case of a forced marriage protection order made by virtue of
section 63D(1), a person can be guilty of an offence under this section
25only in respect of conduct engaged in at a time when the person was
aware of the existence of the order.

(3) Where a person is convicted of an offence under this section in respect
of any conduct, that conduct is not punishable as a contempt of court.

(4) A person cannot be convicted of an offence under this section in respect
30of any conduct which has been punished as a contempt of court.

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

(a) on conviction on indictment, to imprisonment for a term not
exceeding five years, or a fine, or both;

(b) on summary conviction, to imprisonment for a term not
35exceeding 12 months, or a fine, or both.

(6) A reference in any enactment to proceedings under this Part, or to an
order under this Part, does not include a reference to proceedings for
an offence under this section or to an order made in proceedings for
such an offence.

(7) “Enactment” includes an enactment contained in subordinate
legislation within the meaning of the Interpretation Act 1978.”

(3) For subsections (1) to (3) of section 63E there is substituted—

“(1) In any case where the court has power to make a forced marriage
5protection order, the court may accept an undertaking from the
respondent instead of making the order.

(2) But a court may not accept an undertaking under subsection (1) if it
appears to the court—

(a) that the respondent has used or threatened violence against the
10person to be protected, and

(b) that, for the person’s protection, it is necessary to make a forced
marriage protection order so that any breach of it by the
respondent may be punishable under section 63CA.”

(4) In section 63J(2), for “the order” there is substituted “a forced marriage
15protection order”.

(5) The following are repealed—

(a) section 63G(6) and (7);

(b) section 63H;

(c) section 63I;

(d) 20section 63J(1);

(e) in section 63K(1) the words “under section 63I(3) or”;

(f) section 63L(4)(a).

(6) This section applies only in relation to conduct occurring on or after the day on
which it comes into force.

(7) 25In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003, the reference to 12 months in section
63CA(5)(b) of the Family Law Act 1996 (inserted by subsection (2) above) is to
be read as a reference to six months.

119 Offence of forced marriage: England and Wales

(1) 30A person commits an offence under the law of England and Wales if he or
she—

(a) uses violence, threats or any other form of coercion for the purpose of
causing another person to enter into a marriage, and

(b) believes, or ought reasonably to believe, that the conduct may cause the
35other person to enter into the marriage without free and full consent.

(2) A person commits an offence under the law of England and Wales if he or
she—

(a) practises any form of deception with the intention of causing another
person to leave the United Kingdom, and

(b) 40intends the other person to be subjected to conduct outside the United
Kingdom that is an offence under subsection (1) or would be an offence
under that subsection if the victim were in England or Wales.

(3) “Marriage” means any religious or civil ceremony of marriage (whether or not
legally binding).

(4) It is irrelevant whether the conduct mentioned in paragraph (a) of
subsection (1) is directed at the victim of the offence under that subsection or
another person.

(5) A person commits an offence under subsection (1) or (2) only if, at the time of
5the coercion or deception—

(a) the person or the victim or both of them are in England or Wales,

(b) neither the person nor the victim is in England or Wales but at least one
of them is habitually resident in England and Wales, or

(c) neither the person nor the victim is in the United Kingdom but at least
10one of them is a UK national.

(6) “UK national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject;
15or

(c) a British protected person within the meaning of that Act.

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

(a) on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine or both;

(b) 20on conviction on indictment, to imprisonment for a term not exceeding
7 years.

(8) In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003, the reference to 12 months in subsection (7)(a)
is to be read as a reference to six months.

120 25Offence of forced marriage: Scotland

(1) A person commits an offence under the law of Scotland if he or she—

(a) uses violence, threats or any other form of coercion for the purpose of
causing another person to enter into a marriage, and

(b) believes, or ought reasonably to believe, that the conduct may cause the
30other person to enter into the marriage without free and full consent.

(2) A person commits an offence under the law of Scotland if he or she—

(a) practises any form of deception with the intention of causing another
person to leave the United Kingdom, and

(b) intends the other person to be subjected to conduct outside the United
35Kingdom that is an offence under subsection (1) or would be an offence
under that subsection if the victim were in Scotland.

(3) “Marriage” means any religious or civil ceremony of marriage (whether or not
legally binding).

(4) It is irrelevant whether the conduct mentioned in paragraph (a) of
40subsection (1) is directed at the victim of the offence under that subsection or
another person.

(5) A person commits an offence under subsection (1) or (2) only if, at the time of
the coercion or deception—

(a) the person or the victim or both of them are in Scotland,

(b) neither the person nor the victim is in Scotland but at least one of them
is habitually resident in Scotland, or

(c) neither the person nor the victim is in the United Kingdom but at least
one of them is a UK national.

(6) 5“UK national” means an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National
(Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject;
or

(c) 10a British protected person within the meaning of that Act.

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

(a) on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding
157 years or to a fine or both.

Part 11 Policing etc

College of Policing

121 Regulations to be prepared or approved by the College

(1) 20In section 50 of the Police Act 1996 (regulations for police forces), after
subsection (2) there is inserted—

“(2ZA) If the College of Policing submits to the Secretary of State draft
regulations with respect to any of the matters mentioned in subsection
(2)(a), (b), (c) or (g), the Secretary of State shall make regulations in
25terms of the draft unless the Secretary of State considers that—

(a) doing so would impair the efficiency or effectiveness of the
police, or

(b) it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(2ZB) 30The Secretary of State may not make regulations with respect to any of
the matters mentioned in subsection (2)(a), (b), (c) or (g) unless the text
of the regulations has been prepared or approved by the College of
Policing.”

(2) In section 51 of that Act (regulations for special constables), after subsection (2)
35there is inserted—

“(2ZA) If the College of Policing submits to the Secretary of State draft
regulations with respect to—

(a) the ranks to be held by special constables,

(b) the qualifications for appointment and promotion of special
40constables,

(c) periods of service on probation, or

(d) maintenance of personal records of special constables,

the Secretary of State shall make regulations in terms of the draft.

(2ZB) The duty in subsection (2ZA) does not apply if the Secretary of State
considers that—

(a) making regulations in terms of the draft would impair the
efficiency or effectiveness of the police, or

(b) 5it would be unlawful to make regulations in those terms, or

(c) it would for some other reason be wrong to make regulations in
those terms.

(2ZC) The Secretary of State may not make regulations with respect to the
matters mentioned in subsection (2ZA) unless the text of the
10regulations has been prepared or approved by the College of Policing.”

(3) In section 53A of that Act (regulation of procedures and practices)—

(a) after subsection (1) there is inserted—

“(1A) If the College of Policing, having consulted the National Crime
Agency, submits to the Secretary of State a draft of regulations
15under this section, the Secretary of State shall make regulations
in terms of the draft unless the Secretary of State considers
that—

(a) doing so would impair the efficiency or effectiveness of
the police, or

(b) 20it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) The Secretary of State may not make regulations under this
section unless the text of the regulations has been prepared or
approved by the College of Policing.”;

(b) 25subsections (2), (3), (4), (6), (7) and (10) are repealed;

(c) in subsection (9), for “the first regulations to be made” there is
substituted “regulations”.

(4) In section 63 of that Act (Police Advisory Board for England and Wales, etc), in
subsection (3)(a), before “with respect to” there is inserted “to which section
3050(2ZB) applies or regulations”.

(5) In section 97 of the Criminal Justice and Police Act 2001 (regulations about
police training etc)—

(a) after subsection (1) there is inserted—

“(1A) If the College of Policing submits to the Secretary of State a draft
35of regulations under this section, the Secretary of State shall
make regulations in terms of the draft unless the Secretary of
State considers that—

(a) doing so would impair the efficiency or effectiveness of
the police, or

(b) 40it would be unlawful to do so, or

(c) it would for some other reason be wrong to do so.

(1B) The Secretary of State may not make regulations under this
section unless the text of the regulations has been prepared or
approved by the College of Policing.”;

(b) 45subsection (4) is repealed.

122 Codes of practice issued by the College

(1) Section 39A of the Police Act 1996 (codes of practice for chief officers) is
amended as follows.

(2) For subsection (1) there is substituted—

“(1) 5The College of Policing may, with the approval of the Secretary of State,
issue codes of practice relating to the discharge of their functions by
chief officers of police if the College considers that—

(a) it is necessary to do so in order to promote the efficiency and
effectiveness of police forces generally,

(b) 10it is necessary to do so in order to facilitate the carrying out by
members of any two or more police forces of joint or co-
ordinated operations, or

(c) it is for any other reason in the national interest to do so.”

(3) In subsection (2), for “The Secretary of State may” there is substituted “The
15College of Policing may, with the approval of the Secretary of State,”.

(4) For subsection (4) there is substituted—

“(4) The College of Policing shall consult with the National Crime Agency
before issuing or revising a code of practice under this section.”

(5) In subsection (5), for “him” there is substituted “the College of Policing”.

123 20Guidance by the College about employment of civilian staff

After section 53D of the Police Act 1996 there is inserted—

“Civilian staff

53E Guidance about civilian staff employed by local policing bodies and
chief officers

(1) 25In this section “relevant civilian staff” means individuals, other than
constables, who—

(a) are employed by a local policing body or a chief officer of police,
or

(b) provide services to a local policing body or a chief officer of
30police, in pursuance of contractual arrangements but without
being employed by the body or officer, and can be expected to
have frequent contact with members of the public in the course
of doing so.

(2) The College of Policing may issue guidance to local policing bodies and
35chief officers of police with regard to—

(a) the experience or qualifications to be expected of relevant
civilian staff;

(b) the training to be undertaken by such staff.

(3) The College may from time to time revise the whole or any part of any
40guidance issued under this section.

(4) The College shall publish any guidance issued under this section and
any revision of it.