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

Electronic monitoring requirements

6 (1) A supervision order containing a curfew requirement may also contain a
requirement (an “electronic monitoring requirement”) for securing the
electronic monitoring of compliance with the curfew requirement during a
5period—

(a) specified in the order, or

(b) determined by the responsible officer in accordance with the order.

(2) In the case referred to in sub-paragraph (1)(b), the responsible officer must,
before the beginning of the period when the electronic monitoring
10requirement is to take effect, notify—

(a) the defaulter,

(b) the person responsible for the monitoring, and

(c) any person within sub-paragraph (3)(b),

of the time when that period is to begin.

(3) 15Where—

(a) it is proposed to include an electronic monitoring requirement in a
supervision order, but

(b) there is a person (other than the defaulter) without whose co-
operation it will not be practicable to secure that the monitoring
20takes place,

the requirement may not be included in the order without that person’s
consent.

(4) A supervision order imposing an electronic monitoring requirement must
include provision for making a person responsible for the monitoring.

(5) 25An electronic monitoring requirement may not be included in a supervision
order unless the court making the order—

(a) has been notified by the youth offending team for the time being
specified in the order that arrangements for electronic monitoring
are available in the area that includes the place the court proposes to
30specify in the order for the purposes of the curfew requirement, and

(b) is satisfied that the necessary provision can be made under the
arrangements currently available.

(6) Where a supervision order contains an electronic monitoring requirement,
the court may, on the application of the original applicant or the defaulter,
35amend the order by substituting a new period for the period specified in the
order under this paragraph.

(7) Sub-paragraph (3) applies in relation to the variation of an electronic
monitoring requirement under sub-paragraph (6) as it applies in relation to
the inclusion of a requirement.

40“Responsible officer”

7 (1) For the purposes of this Part of this Schedule, the “responsible officer”, in
relation to a supervision order, means—

(a) in a case where the order imposes a curfew requirement and an
electronic monitoring requirement, but does not impose an activity

or supervision requirement, the person who under paragraph 6(4) is
responsible for the electronic monitoring;

(b) in any other case, the member of the youth offending team for the
time being specified in the order who is for the time being
5responsible for discharging the functions conferred by this Schedule
on the responsible officer.

(2) Where a supervision order has been made, it is the duty of the responsible
officer—

(a) to make any arrangements that are necessary in connection with the
10requirements contained in the order;

(b) to promote the defaulter’s compliance with those requirements.

(3) The responsible officer must ensure, so far as practicable, that any
instructions given by the officer under a supervision order are such as to
avoid the things referred to in paragraph 2(4).

(4) 15A defaulter in respect of whom a supervision order is made must—

(a) keep in touch with the responsible officer, in accordance with any
instructions given by the responsible officer from time to time;

(b) notify the responsible officer of any change of address.

These obligations have effect as requirements of the order.

20Amendment of operative period

8 (1) The court may, on the application of the original applicant, amend a
supervision order by substituting a new period for the one specified in the
order for the time being under paragraph 2(5) (subject to paragraph 2(6)).

(2) A court amending a supervision order under sub-paragraph (1) may make
25whatever other amendments to the order the court considers appropriate in
relation to a requirement imposed by the order.

Amendment on change of area of residence

9 (1) This paragraph applies where, on an application made in relation to a
supervision order by the original applicant or the defaulter, the court is
30satisfied that the defaulter proposes to live, or is living, in the area of a youth
offending team other than the team for the time being specified in the order.

(2) If the application is made by the defaulter, the court may amend the order
by substituting for the youth offending team specified in the order the youth
offending team for the area referred to in sub-paragraph (1) (or, if there is
35more than one youth offending team for that area, whichever of them the
court decides).

(3) If the application is made by the original applicant, the court must amend
the order in the way mentioned in sub-paragraph (2) (subject to sub-
paragraph (5)).

(4) 40Where a court amends the supervision order under sub-paragraph (2) or (3)
but the order contains a requirement that, in the opinion of the court, cannot
reasonably be complied with if the defaulter lives in the area referred to in
sub-paragraph (1), the court must also amend the order by—

(a) removing that requirement, or

(b) substituting for that requirement a new requirement that can
reasonably be complied with if the defaulter lives in that area.

(5) Sub-paragraph (3) does not require a court to amend the supervision order
if in its opinion sub-paragraph (4) would produce an inappropriate result.

(6) 5The original applicant must consult the youth offending team for the time
being specified in the order before making an application under sub-
paragraph (1).

Revocation of supervision order

10 (1) The original applicant or the defaulter may apply to a youth court—

(a) 10to revoke a supervision order;

(b) to amend a supervision order by removing a requirement from it.

(2) If it appears to the court to be in the interests of justice to do so, having
regard to circumstances that have arisen since the supervision order was
made, the court may grant an application under sub-paragraph (1) and
15revoke or amend the order accordingly.

(3) The circumstances referred to in sub-paragraph (2) include the conduct of
the defaulter.

(4) If an application under this paragraph is dismissed, the party by which the
dismissed application was made may make no further application under
20this paragraph without—

(a) the consent of the court, or

(b) the agreement of the other party.

(5) The original applicant must consult the youth offending team for the time
being specified in the supervision order before making an application under
25sub-paragraph (1).

Compliance with supervision order

11 If the responsible officer considers that the defaulter has complied with all
the requirements of the supervision order, the officer must inform the
original applicant.

30Non-compliance with supervision order

12 (1) If the responsible officer considers that the defaulter has failed to comply
with a requirement of the supervision order, the officer must inform the
original applicant.

(2) On being informed under sub-paragraph (1) the original applicant may
35apply to a youth court.

(3) Before making an application under sub-paragraph (2) the original applicant
must—

(a) consult the youth offending team for the time being specified in the
order;

(b) 40inform any other body or individual the original applicant thinks
appropriate.

(4) If on an application under sub-paragraph (2) the court is satisfied beyond
reasonable doubt that the defaulter has without reasonable excuse failed to
comply with a requirement of the supervision order, the court may—

(a) revoke the supervision order and make a new one;

(b) 5revoke the order and make a detention order (see Part 3 of this
Schedule).

(5) The powers in sub-paragraph (4)—

(a) may not be exercised after the defaulter reaches the age of 18;

(b) are in addition to any other power of the court in relation to the
10breach of the supervision order.

(6) The court must consider any representations made by the youth offending
team for the time being specified in the order before exercising its powers
under this paragraph.

Copies of supervision order etc

13 (1) 15A court that makes a supervision order must straight away provide a copy
of the order to—

(a) the defaulter;

(b) the youth offending team for the time being specified in the order.

(2) Where a supervision order is made, the original applicant must straight
20away provide a copy of so much of the order as is relevant—

(a) in a case where the order includes an activity requirement specifying
a place under paragraph 4(1)(a), to the person in charge of that place;

(b) in a case where the order includes an activity requirement specifying
an activity under paragraph 4(1)(b), to the person in charge of that
25activity;

(c) in a case where the order includes an activity requirement specifying
a residential exercise under paragraph 4(1)(c), to the person in charge
of the place or activity specified under paragraph 4(5) in relation to
that residential exercise;

(d) 30in a case where the order contains an electronic monitoring
requirement, to—

(i) any person who by virtue of paragraph 6(4) will be
responsible for the electronic monitoring, and

(ii) any person without whose consent that requirement could
35not have been included in the order.

(3) A court that revokes or amends a supervision order must straight away
provide a copy of the revoking order, or of the order as amended, to—

(a) the defaulter;

(b) the youth offending team for the time being specified in the order.

(4) 40Where—

(a) a copy of a supervision order (or part of a supervision order) has
been given to a person under sub-paragraph (2) by virtue of a
requirement contained in the order, and

(b) the order is revoked, or amended in respect of that requirement,

45the original applicant must straight away give a copy of the revoking order,
or of so much of the order as amended as is relevant, to that person.

Part 3 Detention orders

Detention orders

14 (1) A detention order is an order that the person in respect of whom it is made
5(“the defaulter”) be detained for a period specified in the order in whatever
youth detention accommodation the Secretary of State decides.

(2) The period specified under sub-paragraph (1) may not exceed the period of
3 months (not counting the day on which the order is made).

(3) In sub-paragraph (1) “youth detention accommodation” means—

(a) 10a secure training centre;

(b) a young offender institution;

(c) secure accommodation, as defined by section 23(12) of the Children
and Young Persons Act 1969.

(4) The function of the Secretary of State under sub-paragraph (1) is exercisable
15concurrently with the Youth Justice Board.

(5) A person detained under a detention order is in legal custody.

Revocation of detention order

15 (1) Where a detention order is made, the original applicant or the defaulter may
apply to a youth court to revoke it.

(2) 20If it appears to the court to be in the interests of justice to do so, having
regard to circumstances that have arisen since the detention order was
made, the court may grant an application under sub-paragraph (1) and
revoke the order accordingly.

(3) The circumstances referred to in sub-paragraph (2) include the conduct of
25the defaulter.

(4) If an application under this paragraph is dismissed, the party by which the
dismissed application was made may make no further application under
this paragraph without—

(a) the consent of the court, or

(b) 30the agreement of the other party.

(5) A person making an application under this paragraph in relation to a
detention order made under paragraph 1 must before doing so consult any
youth offending team specified in the injunction under section 2(1) or, if
none is specified, the local youth offending team within the meaning of
35section 13.

(6) A person making an application under this paragraph in relation to a
detention order made under paragraph 12(4)(b) must before doing so
consult the youth offending team for the time being specified in the relevant
supervision order.

Section 93(2)

SCHEDULE 3 Schedule to be inserted as Schedule 2A to the Housing Act 1985

Section 84A(9)

“Schedule 1 Absolute ground for possession for anti-social behaviour: serious
5offences

Violent offences

1 Murder.

2 Manslaughter.

3 Kidnapping.

4 10False imprisonment.

5 An offence under any of the following sections of the Offences
against the Person Act 1861—

(a) section 4 (soliciting murder),

(b) section 16 (threats to kill),

(c) 15section 18 (wounding with intent to cause grievous bodily
harm),

(d) section 20 (malicious wounding),

(e) section 21 (attempting to choke, suffocate or strangle in
order to commit or assist in committing an indictable
20offence),

(f) section 22 (using chloroform etc. to commit or assist in the
committing of any indictable offence),

(g) section 23 (maliciously administering poison etc. so as to
endanger life or inflict grievous bodily harm),

(h) 25section 24 (maliciously administering poison etc. with
intent to injure, aggrieve or annoy any other person),

(i) section 27 (abandoning or exposing children whereby life
is endangered or health permanently injured),

(j) section 28 (causing bodily injury by explosives),

(k) 30section 29 (using explosives etc. with intent to do grievous
bodily harm),

(l) section 30 (placing explosives with intent to do bodily
injury),

(m) section 31 (setting spring guns etc. with intent to do
35grievous bodily harm),

(n) section 38 (assault with intent to resist arrest),

(o) section 47 (assault occasioning actual bodily harm).

6 An offence under any of the following sections of the Explosive
Substances Act 1883—

(a) 40section 2 (causing explosion likely to endanger life or
property),

(b) section 3 (attempt to cause explosion, or making or
keeping explosive with intent to endanger life or
property),

(c) section 4 (making or possession of explosive under
suspicious circumstances).

7 An offence under section 1 of the Infant Life (Preservation) Act
1929 (child destruction).

8 5An offence under section 1 of the Children and Young Persons Act
1933 (cruelty to children).

9 An offence under section 1 of the Infanticide Act 1938 (infanticide).

10 An offence under any of the following sections of the Public Order
Act 1986—

(a) 10section 1 (riot),

(b) section 2 (violent disorder),

(c) section 3 (affray).

11 An offence under either of the following sections of the Protection
from Harassment Act 1997—

(a) 15section 4 (putting people in fear of violence),

(b) section 4A (stalking involving fear of violence or serious
alarm or distress).

12 An offence under any of the following provisions of the Crime and
Disorder Act 1998—

(a) 20section 29 (racially or religiously aggravated assaults),

(b) section 31(1)(a) or (b) (racially or religiously aggravated
offences under section 4 or 4A of the Public Order Act
1986),

(c) section 32 (racially or religiously aggravated harassment
25etc.).

13 An offence under either of the following sections of the Female
Genital Mutilation Act 2003—

(a) section 1 (female genital mutilation),

(b) section 2 (assisting a girl to mutilate her own genitalia).

14 30An offence under section 5 of the Domestic Violence, Crime and
Victims Act 2004 (causing or allowing the death of a child or
vulnerable adult).

Sexual offences

15 An offence under section 33A of the Sexual Offences Act 1956
35(keeping a brothel used for prostitution).

16 An offence under section 1 of the Protection of Children Act 1978
(indecent photographs of children).

17 An offence under section 160 of the Criminal Justice Act 1988
(possession of indecent photograph of a child).

18 40An indictable offence under Part 1 of the Sexual Offences Act 2003
(sexual offences).

Offensive weapons

19 An offence under either of the following sections of the Prevention
of Crime Act 1953—

(a) section 1 (prohibition of the carrying of offensive weapons
5without lawful authority or reasonable excuse),

(b) section 1A (threatening with offensive weapon in public).

20 An offence under any of the following provisions of the Firearms
Act 1968—

(a) section 16 (possession of firearm with intent to endanger
10life),

(b) section 16A (possession of firearm with intent to cause fear
of violence),

(c) section 17(1) (use of firearm to resist arrest),

(d) section 17(2) (possession of firearm at time of committing
15or being arrested for offence specified in Schedule 1 to the
Act of 1968),

(e) section 18 (carrying a firearm with criminal intent),

(f) section 19 (carrying a firearm in a public place),

(g) section 20 (trespassing with firearm),

(h) 20section 21 (possession of firearms by persons previously
convicted of crime).

21 An offence under either of the following sections of the Criminal
Justice Act 1988—

(a) section 139 (having article with blade or point in public
25place),

(b) section 139AA (threatening with article with blade or point
or offensive weapon).

Offences against property

22 An offence under any of the following sections of the Theft Act
301968—

(a) section 8 (robbery or assault with intent to rob),

(b) section 9 (burglary),

(c) section 10 (aggravated burglary).

23 An offence under section 1 of the Criminal Damage Act 1971
35(destroying or damaging property).

24 An offence under section 30 of the Crime and Disorder Act 1998
(racially or religiously aggravated criminal damage).

Road traffic offences

25 An offence under section 35 of the Offences against the Person Act
401861 (injuring persons by furious driving).

26 An offence under section 12A of the Theft Act 1968 (aggravated
vehicle-taking involving an accident which caused the death of
any person).

27 An offence under any of the following sections of the Road Traffic
Act 1988—

(a) section 1 (causing death by dangerous driving),

(b) section 1A (causing serious injury by dangerous driving),

(c) 5section 3A (causing death by careless driving when under
influence of drink or drugs).

Drug-related offences

28 An offence under any of the following provisions of the Misuse of
Drugs Act 1971—

(a) 10section 4 (restriction of production and supply of
controlled drugs),

(b) section 5(3) (possession of controlled drugs with intent to
supply),

(c) section 8(a) or (b) (occupiers etc. of premises to be
15punishable for permitting unlawful production or supply
etc. of controlled drugs there).

29 An offence under section 6 of that Act (restrictions of cultivation of
cannabis plant) where the cultivation is for profit and the whole or
a substantial part of the dwelling-house concerned is used for the
20cultivation.

Inchoate offences

30 (1) An offence of attempting or conspiring the commission of an
offence specified or described in this Schedule.

(2) An offence under Part 2 of the Serious Crime Act 2007
25(encouraging or assisting) where the offence (or one of the
offences) which the person in question intends or believes would
be committed is an offence specified or described in this Schedule.

(3) An offence of aiding, abetting, counselling or procuring the
commission of an offence specified or described in this Schedule.

30Scope of offences

31 Where this Schedule refers to offences which are offences under
the law of England and Wales and another country or territory, the
reference is to be read as limited to the offences so far as they are
offences under the law of England and Wales.”

Section 103

SCHEDULE 4 ASB case reviews: supplementary provision

Part 1 Making and revising review procedures etc

5Consultation: local policing bodies

1 (1) In making and revising the review procedures, the relevant bodies in a local
government area must consult the local policing body for the relevant police
area.

(2) The “relevant police area” is the police area which consists of, or includes,
10the local government area.

Consultation: local providers of social housing

2 In making and revising the review procedures, the relevant bodies in a local
government area must consult such local providers of social housing as they
consider appropriate.

15Dissatisfaction with ASB case reviews

3 The review procedures must include provision about what is to happen
where an applicant is dissatisfied with the way in which the relevant bodies
have—

(a) dealt with an application for an ASB case review, or

(b) 20carried out an ASB case review.

Assessment and revision of review procedures

4 The review procedures must include provision about—

(a) the assessment of the effectiveness of those procedures, and

(b) the revision of those procedures.

25Part 2 Inclusion of local providers of social housing among relevant bodies

Co-option arrangements

5 (1) The responsible authorities in a local government area must make
arrangements (“co-option arrangements”) for the inclusion of local
30providers of social housing among the relevant bodies in that area.

(2) In this paragraph “responsible authorities” means—

(a) in relation to a local government area in England—

(i) the relevant district council or the unitary authority,

(ii) the chief officer of police for the police area which that local
35government area is within, and