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

(ii) if during that period the order is varied under section 26, the
day on which it is varied (or most recently varied, if the order is
varied more than once);

(b) a period of 12 months beginning with—

(i) 25the day after the end of the previous review period, or

(ii) if during that period of 12 months the order is varied under
section 26, the day on which it is varied (or most recently varied,
if the order is varied more than once).

(3) A review under this section must include consideration of—

(a) 30the extent to which the offender has complied with the order;

(b) the adequacy of any support available to the offender to help him or her
comply with it;

(c) any matters relevant to the question whether an application should be
made for the order to be varied or discharged.

(4) 35Those carrying out or participating in a review under this section must have
regard to any relevant guidance issued by the Secretary of State under section
31 when considering—

(a) how the review should be carried out;

(b) what particular matters the review should deal with;

(c) 40what action (if any) it would be appropriate to take as a result of the
findings of the review.

28 Carrying out and participating in reviews

(1) A review under section 27 is to be carried out by the chief officer of police of
the police force maintained for the police area in which the offender lives or
appears to be living.

(2) 5The chief officer, in carrying out a review under section 27, must act in co-
operation with the council for the local government area in which the offender
lives or appears to be living; and the council must co-operate in the carrying
out of the review.

(3) The chief officer may invite the participation in the review of any other person
10or body.

(4) In this section “local government area” means—

(a) in relation to England, a district or London borough, the City of
London, the Isle of Wight and the Isles of Scilly;

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

15For the purposes of this section, the council for the Inner and Middle Temples
is the Common Council of the City of London.

Breach of orders

29 Breach of order

(1) A person who without reasonable excuse—

(a) 20does anything he or she is prohibited from doing by a criminal
behaviour order, or

(b) fails to do anything he or she is required to do by a criminal behaviour
order,

commits an offence.

(2) 25A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a period not exceeding 6
months or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a period not
exceeding 5 years or to a fine, or to both.

(3) 30If a person is convicted of an offence under this section, it is not open to the
court by or before which the person is convicted to make an order under
subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing)
Act 2000 (conditional discharge).

(4) In proceedings for an offence under this section, a copy of the original criminal
35behaviour order, certified by the proper officer of the court which made it, is
admissible as evidence of its having been made and of its contents to the same
extent that oral evidence of those things is admissible in those proceedings.

(5) In relation to any proceedings for an offence under this section that are brought
against a person under the age of 18—

(a) 40section 49 of the Children and Young Persons Act 1933 (restrictions on
reports of proceedings in which children and young persons are
concerned) does not apply in respect of the person;

(b) section 45 of the Youth Justice and Criminal Evidence Act 1999 (power
to restrict reporting of criminal proceedings involving persons under
18) does so apply.

(6) If, in relation to any proceedings mentioned in subsection (5), the court does
5exercise its power to give a direction under section 45 of the Youth Justice and
Criminal Evidence Act 1999, it must give its reasons for doing so.

Supplemental

30 Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
10(special measures directions in the case of vulnerable and intimidated
witnesses) applies to criminal behaviour order proceedings as it applies to
criminal proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (2)
(which make provision appropriate only in the context of criminal
15proceedings), and

(b) any other necessary modifications.

(2) The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) 20section 22A;

(d) section 27(10);

(e) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
apply to criminal behaviour order proceedings—

(a) 25to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) Section 47 of that Act (restrictions on reporting special measures directions etc)
applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) 30to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) In this section “criminal behaviour order proceedings” means proceedings in a
magistrates’ court or the Crown Court so far as relating to the issue whether to
make a criminal behaviour order.

31 35Guidance

(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) 40The 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.

32 Saving and transitional provision

(1) The repeal or amendment by this Act of provisions about any of the orders
specified in subsection (2) does not—

(a) prevent an order specified in that subsection from being made in
5connection with criminal proceedings begun before the
commencement day;

(b) apply in relation to an order specified in that subsection which is made
in connection with criminal proceedings begun before that day;

(c) apply in relation to anything done in connection with such an order.

(2) 10The orders are—

(a) an order under section 1C of the Crime and Disorder Act 1998 (orders
on conviction in criminal proceedings);

(b) an individual support order under section 1AA of that Act made in
connection with an order under section 1C of that Act;

(c) 15a drinking banning order under section 6 of the Violent Crime
Reduction Act 2006 (orders on conviction in criminal proceedings).

(3) As from the commencement day there may be no variation of an order
specified in subsection (2) that extends the period of the order or of any
provision of the order.

(4) 20At the end of the period of 5 years beginning with the commencement day—

(a) this Part has effect in relation to any order specified in subsection (2)
that is still in force as if the provisions of the order were provisions of a
criminal behaviour order;

(b) subsections (1) to (3) cease to have effect.

25This Part, as it applies by virtue of paragraph (a), has effect with any necessary
modifications (and with any modifications specified in an order under section
182(7)).

(5) In deciding whether to make a criminal behaviour order a court may take
account of conduct occurring up to 1 year before the commencement day.

(6) 30In this section “commencement day” means the day on which this Part comes
into force.

Part 3 Dispersal powers

33 Authorisations to use powers under section 34

(1) 35A police officer of at least the rank of inspector may authorise the use in a
specified locality, during a specified period of not more than 48 hours, of the
powers given by section 34.

“Specified” means specified in the authorisation.

“Specified” means specified in the authorisation.

(2) 40An officer may give such an authorisation only if satisfied on reasonable
grounds that the use of those powers in the locality during that period may be
necessary for the purpose of removing or reducing the likelihood of—

(a) members of the public in the locality being harassed, alarmed or
distressed, or

(b) 45the occurrence in the locality of crime or disorder.

(3) 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
51998.

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

(4) An authorisation under this section—

(a) must be in writing,

(b) 10must be signed by the officer giving it, and

(c) must specify the grounds on which it is given.

34 Directions excluding a person from an area

(1) If the conditions in subsections (2) and (3) are met and an authorisation is in
force under section 33, a constable in uniform may direct a person who is in a
15public place in the locality specified in the authorisation—

(a) to leave the locality (or part of the locality), and

(b) not to return to the locality (or part of the locality) for the period
specified in the direction (“the exclusion period”).

(2) The first condition is that the constable has reasonable grounds to suspect that
20the behaviour of the person in the locality has contributed or is likely to
contribute to—

(a) members of the public in the locality being harassed, alarmed or
distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) 25The second condition is that the constable considers that giving a direction to
the person is necessary for the purpose of removing or reducing the likelihood
of the events mentioned in subsection (2)(a) or (b).

(4) The exclusion period may not exceed 48 hours.

The period may expire after (as long as it begins during) the period specified
30in the authorisation under section 33.

The period may expire after (as long as it begins during) the period specified
in the authorisation under section 33.

(5) A direction under this section—

(a) must be given in writing, unless that is not reasonably practicable;

(b) 35must specify the area to which it relates;

(c) may impose requirements as to the time by which the person must
leave the area and the manner in which the person must do so
(including the route).

(6) The constable must (unless it is not reasonably practicable) tell the person to
40whom the direction is given that failing without reasonable excuse to comply
with the direction is an offence.

(7) If the constable reasonably believes that the person to whom the direction is
given is under the age of 16, the constable may remove the person to a place
where the person lives or a place of safety.

(8) 45Any constable may withdraw or vary a direction under this section; but a
variation must not extend the duration of a direction beyond 48 hours from
when it was first given.

(9) Notice of a withdrawal or variation of a direction—