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

(c) the search is authorised by a senior officer who has not
been directly involved in questioning the person.

(6) “Senior officer” means—

(a) where the examining officer is a constable, a constable of a
5higher rank than the examining officer,

(b) where the examining officer is an immigration officer, an
immigration officer of a higher grade than the examining
officer, and

(c) where the examining officer is a customs officer, a customs
10officer of a higher grade than the examining officer.

(7) In this paragraph—

• “intimate search” means a search which consists of a physical
  examination of a person’s body orifices other than the
  mouth;

• 15“strip search” means a search which is not an intimate search
  but involves the removal of an article of clothing which—

  (a)

  is being worn wholly or partly on the trunk, and

  (b)

  is being so worn either next to the skin or next to an
  article of underwear.”

20Power to make and retain copies

4 In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is
inserted—

“Power to make and retain copies

11A (1) This paragraph applies where the examining officer is a constable.

(2) 25The examining officer may copy anything which—

(a) is given to the examining officer in accordance with
paragraph 5,

(b) is searched or found on a search under paragraph 8, or

(c) is examined under paragraph 9.

(3) 30The copy may be retained—

(a) for so long as is necessary for the purpose of determining
whether a person falls within section 40(1)(b),

(b) while the examining officer believes that it may be needed
for use as evidence in criminal proceedings, or

(c) 35while the examining officer believes that it may be needed
in connection with a decision by the Secretary of State
whether to make a deportation order under the
Immigration Act 1971.”

Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

5 (1) 40Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2) In paragraph 1(5) (definition of examining officer) for “paragraph” there is
substituted “Schedule”.

(3) In paragraph 2(2)(d), the words “(within the meaning of that Schedule)” are
omitted.

(4) In paragraph 6, for “police station”, in each place, there is substituted
“place”.

(5) 5In paragraph 7(1) the words “at a police station” are omitted.

(6) After paragraph 7 there is inserted—

“7A (1) This paragraph applies where a person detained under Schedule
7 requests to consult a solicitor.

(2) The examining officer may not question the detained person
10under paragraph 2 or 3 of Schedule 7 until the person has
consulted a solicitor (or no longer wishes to do so).

(3) Sub-paragraph (2) does not apply if the examining officer
reasonably believes that postponing the questioning until then
would be likely to prejudice determination of the relevant matters.

(4) 15The powers given by paragraph 8 of Schedule 7 (search powers
where a person is questioned under paragraph 2 of Schedule 7)
may be used when questioning is postponed because of sub-
paragraph (2).

(5) The detained person is entitled to consult a solicitor in person.

(6) 20Sub-paragraph (5) does not apply if the examining officer
reasonably believes that the time it would take to consult a
solicitor in person would be likely to prejudice determination of
the relevant matters.

(7) In that case the examining officer may require any consultation to
25take place in another way.

(8) In this paragraph “the relevant matters” means the matters the
examining officer seeks to determine under paragraph 2 or 3 of
Schedule 7.”

(7) In paragraph 8(1), for “an officer” there is substituted “a police officer”.

(8) 30In paragraph 9(2)(a) and (b)—

(a) the words “at a police station” are omitted;

(b) for “an officer” there is substituted “a police officer”.

(9) In paragraph 16—

(a) in sub-paragraphs (1) and (3), in each place, for “police station” there
35is substituted “place”;

(b) in sub-paragraph (6), after “detained” there is inserted “as mentioned
in sub-paragraph (1)”.

(10) After paragraph 16 there is inserted—

“16A (1) This paragraph applies where a person detained under Schedule
407 requests to consult a solicitor.

(2) The examining officer may not question the detained person
under paragraph 2 or 3 of Schedule 7 until the person has
consulted a solicitor (or no longer wishes to do so).

(3) Sub-paragraph (2) does not apply if the examining officer
reasonably believes that postponing the questioning until then
would be likely to prejudice determination of the relevant matters.

(4) The powers given by paragraph 8 of Schedule 7 (search powers
5where a person is questioned under paragraph 2 of Schedule 7)
may be used when questioning is postponed because of sub-
paragraph (2).

(5) The detained person is entitled to consult a solicitor in person.

(6) Sub-paragraph (5) does not apply if the examining officer
10reasonably believes that the time it would take to consult a
solicitor in person would be likely to prejudice determination of
the relevant matters.

(7) In that case the examining officer may require any consultation to
take place in another way.

(8) 15In this paragraph “the relevant matters” means the matters the
examining officer seeks to determine under paragraph 2 or 3 of
Schedule 7.”

(11) In paragraph 17(1)—

(a) for “An officer” there is substituted “A police officer”;

(b) 20after “uniformed” there is inserted “police”.

(12) In paragraph 18—

(a) in sub-paragraph (1), for “and” there is substituted “to”;

(b) in sub-paragraph (2), for “police station” there is substituted “place”;

(c) after sub-paragraph (2) there is inserted—

“(3) 25In relation to a person detained under Schedule 7 at a place
other than a police station—

(a) sub-paragraph (2), and

(b) section 15(4) of the Criminal Procedure (Scotland)
Act 1995 as applied by that sub-paragraph,

30apply as if references to a constable included an examining
officer.”

Biometrics

6 (1) Paragraph 10 of Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2) In sub-paragraph (5), for “the detained person only” there is substituted “a
35person detained under section 41, but only”.

(3) In sub-paragraph (6)(b), after “in any case” there is inserted “in which an
authorisation under that sub-paragraph may be given”.

Review of detention under Schedule 7

7 (1) The Terrorism Act 2000 is amended as follows.

(2) 40In paragraph 6(3) of Schedule 7 (provisions of Schedule 8 applying to
detention under Schedule 7)—

(a) for “Part I” there is substituted “Parts 1 and 1A”;

(b) after “treatment” there is inserted “and review of detention”.

(3) In Schedule 8, after Part 1 there is inserted—

“ Part 1A Review of detention under Schedule 7

20K 5General requirements

(1) A person’s detention under Schedule 7 must be periodically
reviewed by a review officer.

(2) The first review must be carried out before the end of the period of
one hour beginning with the person’s detention under that
10Schedule.

(3) Subsequent reviews must be carried out at intervals of not more
than two hours.

(4) The review officer may authorise a person’s continued detention
under Schedule 7 only if satisfied that it is necessary for the
15purposes of exercising a power under paragraph 2 or 3 of that
Schedule.

(5) If on a review under this paragraph the review officer does not
authorise a person’s continued detention, the person must be
released (unless detained under another power).

(6) 20In this Part of this Schedule “review officer” means a senior officer
who has not been directly involved in questioning the detained
person under paragraph 2 or 3 of Schedule 7.

(7) “Senior officer” means—

(a) where the examining officer is a constable, a constable of a
25higher rank than the examining officer,

(b) where the examining officer is an immigration officer, an
immigration officer of a higher grade than the examining
officer, and

(c) where the examining officer is a customs officer, a customs
30officer of a higher grade than the examining officer.

(8) The Secretary of State must under paragraph 6 of Schedule 14
issue a code of practice about reviews under this Part of this
Schedule.

(9) The code of practice must include provision about training to be
35undertaken by persons who are to act as review officers.

20L Representations

(1) Before determining whether to authorise a person’s continued
detention, a review officer must give either of the following
persons an opportunity to make representations about the
40detention—

(a) the detained person, or

(b) a solicitor representing the detained person who is
available at the time of the review.

(2) Representations may be oral or written.

(3) A review officer may refuse to hear oral representations from the
5detained person if the officer considers that the detained person is
unfit to make representations because of the detained person’s
condition or behaviour.

20M Rights

(1) Where a review officer authorises continued detention the officer
10must inform the detained person—

(a) of any of the detained person’s rights under paragraphs 6
and 7 which have not yet been exercised, and

(b) if the exercise of any of those rights is being delayed in
accordance with the provisions of paragraph 8, of the fact
15that it is being delayed.

(2) Where a review of a person’s detention is being carried out at a
time when the person’s exercise of a right under paragraph 6 or 7
is being delayed—

(a) the review officer must consider whether the reason or
20reasons for which the delay was authorised continue to
subsist, and

(b) if in the review officer’s opinion the reason or reasons have
ceased to subsist, the review officer must inform the officer
who authorised the delay of that opinion (unless the
25review officer was that officer).

(3) In the application of this paragraph to Scotland, for the references
to paragraphs 6, 7 and 8 substitute references to paragraph 16.

20N Record

(1) A review officer carrying out a review must make a written record
30of the outcome of the review and of any of the following which
apply—

(a) the fact that the officer is satisfied that continued detention
is necessary for the purposes of exercising a power under
paragraph 2 or 3 of Schedule 7,

(b) 35the fact that the detained person has been informed as
required under paragraph 20M(1),

(c) the officer’s conclusion on the matter considered under
paragraph 20M(2)(a), and

(d) the fact that the officer has taken action under paragraph
4020M(2)(b).

(2) The review officer must inform the detained person whether the
officer is authorising continued detention, and if so that the officer
is satisfied that continued detention is necessary for the purposes
of exercising a power under paragraph 2 or 3 of Schedule 7.

(3) 45Sub-paragraph (2) does not apply where the detained person is—

(a) incapable of understanding what is said,

(b) violent or likely to become violent, or

(c) in urgent need of medical attention.”

Codes of practice

8 (1) Schedule 14 to the Terrorism Act 2000 (exercise of powers—codes of practice
5etc) is amended as follows.

(2) In paragraph 1, after ““officer” means” there is inserted “(subject to
paragraph 6A)”.

(3) After paragraph 6 there is inserted—

“6A In paragraphs 5 and 6, “officer” includes a constable, immigration
10officer or customs officer who—

(a) has functions under Schedule 7, or

(b) has functions under Schedule 8 in relation to a person
detained under Schedule 7,

otherwise than as an examining officer.”

Section 150

15SCHEDULE 9 Powers of community support officers

Introduction

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

20Additional powers to issue fixed penalty notices

2 (1) In paragraph 1 (powers to issue fixed penalty notices), in sub-paragraph
(2)(b), for the words after “in respect of an offence” there is substituted
“listed in sub-paragraph (2B)”.

(2) In sub-paragraph (2) of that paragraph, after paragraph (ca) there is
25inserted—

“(cb) the power of an authorised officer of a borough council to
give a notice under section 15 of the London Local
Authorities Act 2004 in respect of an offence under section
38(1) of the London Local Authorities Act 1990 or section
3027(1) of the City of Westminster Act 1999 (unlicensed street
trading);”.

(3) After sub-paragraph (2A) of that paragraph there is inserted—

“(2B) The offences referred to in sub-paragraph (2)(b) are—

(a) an offence under section 72 of the Highway Act 1835
35(riding on a footway) committed by cycling;

(b) an offence under section 5(1) or 8(1) of the Road Traffic
Regulation Act 1984 involving a contravention of a
prohibition or restriction that relates to—

(i) stopping, waiting or parking at or near a school
40entrance,

(ii) one-way traffic on a road, or

(iii) lanes or routes for use only by cycles, only by buses
or only by cycles and buses;

(c) an offence under section 24 of the Road Traffic Act 1988
5(more than one person on a one-person bicycle);

(d) an offence under section 35 of that Act (failing to comply
with traffic directions) committed by the rider of a cycle;

(e) an offence under section 36 of that Act (failing to comply
with traffic signs) committed by the rider of a cycle who
10fails to comply with the indication given by a red traffic
light;

(f) an offence under section 42 of that Act of contravening or
failing to comply with a construction or use requirement
about—

(i) 15lighting equipment or reflectors for cycles,

(ii) the use on a road of a motor vehicle in a way that
causes excessive noise,

(iii) stopping the action of a stationary vehicle’s
machinery,

(iv) 20the use of a vehicle’s horn on a road while the
vehicle is stationary or on a restricted road at night,
or

(v) opening a vehicle’s door on a road so as to injure or
endanger a person;

(g) 25an offence under section 163 of that Act (failing to stop
vehicle or cycle when required to do so by constable or
traffic officer).”

(4) After sub-paragraph (4) of that paragraph there is inserted—

“(5) In this paragraph “cycle” has the same meaning as in the Road
30Traffic Act 1988 (see section 192(1) of that Act).”

Powers to issue fixed penalty notices: consultation with local authorities

3 In paragraph 1, after sub-paragraph (2B) (inserted by paragraph 2(3) above)
there is inserted—

“(2C) Before a chief officer of police makes a designation applying this
35paragraph to any person and specifying or describing an offence
listed in sub-paragraph (2B)(b)(i), the officer shall consult every
local authority any part of whose area lies within the officer’s
police area.

(2D) In paragraph (2C) “local authority” means—

(a) 40in relation to England, a district council, a London borough
council, the Common Council of the City of London or the
Council of the Isles of Scilly; and

(b) in relation to Wales, a county council or a county borough
council.”

General power of seizure

4 After paragraph 2A there is inserted—

“General power of seizure

2B Where a designation applies this paragraph to any person—

(a) 5that person shall, when lawfully on any premises in the
relevant police area, have the same powers as a constable
under section 19 of the 1984 Act (general powers of
seizure) to seize things;

(b) that person shall also have the powers of a constable to
10impose a requirement by virtue of subsection (4) of that
section in relation to information accessible from such
premises;

(c) subsection (6) of that section (protection for legally
privileged material from seizure) shall have effect in
15relation to the seizure of anything by that person by virtue
of sub-paragraph (a) as it has effect in relation to the
seizure of anything by a constable;

(d) section 21(1) and (2) of that Act (provision of record of
seizure) shall have effect in relation to the seizure of
20anything by that person in exercise of the power conferred
on him by virtue of sub-paragraph (a) as if the references
to a constable and to an officer included references to that
person; and

(e) sections 21(3) to (8) and 22 of that Act (access, copying and
25retention) shall have effect in relation to anything seized by
that person in exercise of that power or taken away by him
following the imposition of a requirement by virtue of sub-
paragraph (b)—

(i) as they have effect in relation to anything seized in
30exercise of the power conferred on a constable by
section 19(2) or (3) of that Act or taken away by a
constable following the imposition of a
requirement by virtue of section 19(4) of that Act;
and

(ii) 35as if the references to a constable in subsections (3),
(4) and (5) of section 21 included references to a
person to whom this paragraph applies.”

Powers with regard to charity collectors

5 After paragraph 3A there is inserted—

40“Power to require name and address etc: charity collectors

3B Where a designation applies this paragraph to any person, that
person shall, in the relevant police area, have the powers of a
constable—

(a) under section 6 of the House to House Collections Act 1939
45to require a person to give his name and address and to
sign his name; and

(b) under regulations under section 4 of that Act to require a
person to produce his certificate of authority.”

Power to stop cycles

6 In paragraph 11A (power to stop cycles), in sub-paragraph (2), for the words
5after “has committed an offence” there is substituted “listed in paragraph
1(2B)(a) to (e), (f)(i) or (g)”.

Section 178

SCHEDULE 10 Minor and consequential amendments

Part 1 10Amendments relating to Parts 1 to 6

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

1 In section 143(2) of the Magistrates’ Courts Act 1980 (provisions in which
sums may be altered) paragraph (da) is omitted.

Housing Act 1980 (c. 51)Housing Act 1980 (c. 51)

2 15In Schedule 9 to the Housing Act 1980 (provisions relating to housing
association and housing trust tenancies under Rent Act 1977), in paragraph
5, after “83” there is inserted “or 83ZA”.

Highways Act 1980 (c. 66)Highways Act 1980 (c. 66)

3 Sections 129A to 129G of the Highways Act 1980 (restriction of rights over
20highway) are repealed.

Police and Criminal Evidence Act 1984 (c. 60)Police and Criminal Evidence Act 1984 (c. 60)

4 In section 64A of the Police and Criminal Evidence Act 1984 (photographing
of suspects etc), for paragraph (ca) of subsection (1B) there is substituted—

“(ca) given a direction by a constable under section 34 of the Anti-
25social Behaviour, Crime and Policing Act 2014.”

Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

5 (1) In section 3 of the Prosecution of Offences Act 1985 (functions of DPP),
subsection (2) is amended as follows.

(2) In paragraph (fa), for the words from “section 1C” to “proceedings)” there is
30substituted “section 21 of the Anti-social Behaviour, Crime and Policing Act
2014 (criminal behaviour orders made on conviction)”.

(3) In paragraph (fb)—

(a) for “section 1CA(3) of the Crime and Disorder Act 1998” there is
substituted “section 26 of the Anti-social Behaviour, Crime and
35Policing Act 2014”;

(b) for “section 1C” there is substituted “section 21”.

(4) In paragraph (fc)—

(a) for “section 1CA” there is substituted “section 26”;

(b) for “section 1C” there is substituted “section 21”.

(5) 5Paragraphs (fd) and (fe) are omitted.

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

6 (1) Section 82A of the Housing Act 1985 (demotion because of anti-social
behaviour) is amended as follows.

(2) In subsection (4)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i) 10conduct that is capable of causing nuisance or
annoyance to some person (who need not be a
particular identified person) and that directly or
indirectly relates to or affects the landlord’s housing
management functions, or

(ii) 15conduct that consists of or involves using housing
accommodation owned or managed by the landlord
for an unlawful purpose, and”.

(3) For subsection (7A) there is substituted—

“(7A) In subsection (4)(a)(ii) “housing accommodation” includes—

(a) 20flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging to
the accommodation or usually enjoyed with it;

(c) any common areas used in connection with the
accommodation.”

7 (1) 25Section 83 of that Act (proceedings for possession or termination: notice
requirements) is amended as follows.

(2) In the heading, after “termination:” there is inserted “general”.

(3) Before subsection (1) there is inserted—

“(A1) This section applies in relation to proceedings for an order
30mentioned in section 82(1A) other than—

(a) proceedings for possession of a dwelling-house under
section 84A (absolute ground for possession for anti-social
behaviour), including proceedings where possession is also
sought on one or more of the grounds set out in Schedule 2, or

(b) 35proceedings for possession of a dwelling-house under
section 107D (recovery of possession on expiry of flexible
tenancy).”

(4) In subsection (1), for the words from “proceedings for” to “tenancy),” there
is substituted “proceedings to which this section applies”.

8 (1) 40Section 83A of that Act (additional requirements in relation to certain
proceedings for possession) is amended as follows.

(2) In subsection (2)(a), after “83” there is inserted “or 83ZA”.