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

prosecutor or authorised person must attach that as a condition unless
it seems to the prosecutor or authorised person that it would be
inappropriate to do so.

(3) Where—

(a) 5there is more than one victim and they express different views,
or

(b) for any other reason subsection (2) does not apply,

the prosecutor or authorised person must nevertheless take account of
any views expressed by the victim (or victims) in deciding what
10conditions to attach to the conditional caution.

(4) In this section—

• “community remedy document” means the community remedy
  document (as revised from time to time) published under
  section 100 of the Anti-social Behaviour, Crime and Policing Act
  152014 for the police area in which the offence was committed;

• “victim” means the particular person who seems to the relevant
  prosecutor or authorised person to have been affected, or
  principally affected, by the offence.”

(2) After section 66B of the Crime and Disorder Act 1998 (requirements for youth
20conditional cautions) there is inserted—

“66BA Duty to consult victims

(1) Before deciding what conditions to attach to a youth conditional
caution, a relevant prosecutor or the authorised person must make
reasonable efforts to obtain the views of the victim (if any) of the
25offence, and in particular the victim’s views as to whether the offender
should carry out any of the actions listed in the community remedy
document.

(2) If the victim expresses the view that the offender should carry out a
particular action listed in the community remedy document, the
30prosecutor or authorised person must attach that as a condition unless
it seems to the prosecutor or authorised person that it would be
inappropriate to do so.

(3) Where—

(a) there is more than one victim and they express different views,
35or

(b) for any other reason subsection (2) does not apply,

the prosecutor or authorised person must nevertheless take account of
any views expressed by the victim (or victims) in deciding what
conditions to attach to the conditional caution.

(4) 40In this section—

• “community remedy document” means the community remedy
  document (as revised from time to time) published under
  section 100 of the Anti-social Behaviour, Crime and Policing Act
  2014 for the police area in which the offence was committed;

• 45“victim” means the particular person who seems to the relevant
  prosecutor or authorised person to have been affected, or
  principally affected, by the offence.”

Response to complaints about anti-social behaviour

103 Review of response to complaints

(1) In a case where a person has made a complaint about anti-social behaviour in
a particular local government area, the relevant bodies in that area must carry
5out a review of the response to that behaviour (an “ASB case review)” if—

(a) that person, or any other person, makes an application for such a
review, and

(b) the relevant bodies decide that the threshold for a review is met.

(2) The relevant bodies in each local government area must—

(a) 10make arrangements about the carrying out of ASB case reviews by
those bodies (“review procedures”); and

(b) ensure that the current review procedures are published.

(3) The review procedures must include provision about the making of
applications for ASB case reviews; and, in particular, must—

(a) 15specify the point of contact for making applications, and

(b) ensure that applications made to that point of contact are passed on to
all the relevant bodies in the local government area.

(4) In a situation where—

(a) an application for an ASB case review is made, and

(b) 20at least three (or, if a different number is specified in the review
procedures, at least that number of) qualifying complaints have been
made about the anti-social behaviour to which the application relates,

the relevant bodies must decide that the threshold for a review is met.

(5) In any other situation where an application for an ASB case review is made, the
25question whether the threshold for a review is met must be decided by the
relevant bodies in accordance with the review procedures; and the procedures
may, in particular, include provision for this purpose which is framed by
reference to any of these matters—

(a) the persistence of the anti-social behaviour about which the original
30complaint was made;

(b) the harm caused, or the potential for harm to be caused, by that
behaviour;

(c) the adequacy of the response to that behaviour.

(6) After the relevant bodies have decided whether or not the threshold for a
35review is met, they must inform the applicant of their decision.

(7) The relevant bodies who carry out an ASB case review may make
recommendations to a person who exercises public functions (including
recommendations to a relevant body) in respect of any matters arising from the
review; and the person must have regard to the recommendations in exercising
40public functions.

(8) The relevant bodies who carry out an ASB case review must inform the
applicant of—

(a) the outcome of the review, and

(b) any recommendations made in accordance with subsection (7).

(9) As soon as practicable after the end of a reporting period, the relevant bodies
in a local government area must publish information about the following
matters which relates to that period—

(a) the number of applications for ASB case reviews made to those bodies;

(b) 5the number of times those bodies decided that the threshold for a
review was not met;

(c) the number of ASB case reviews those bodies have carried out;

(d) the number of ASB case reviews carried out by those bodies that have
resulted in recommendations being made.

(10) 10The question whether a complaint made about anti-social behaviour is a
“qualifying complaint” for the purposes of subsection (4) is to be determined
in accordance with subsections (11) and (12).

(11) A complaint about anti-social behaviour is a qualifying complaint if—

(a) the complaint is made within the period of one month (or, if a different
15period is specified in the review procedures, that period) beginning
with the date on which the behaviour is alleged to have occurred; and

(b) the application for the ASB case review is made within the period of six
months (or, if a different period is specified in the review procedures,
that period) beginning with the date on which the complaint is made.

(12) 20But where a person makes two or more complaints about anti-social behaviour
which meet the requirements in subsection (11), the question of which
complaint is, or which complaints are, qualifying complaints is to be decided
by the relevant bodies in accordance with the review procedures.

The procedures may, in particular, include provision for this purpose which is
25framed by reference to whether different complaints relate to different aspects
of particular anti-social behaviour (including different incidents comprised in
particular anti-social behaviour).

The procedures may, in particular, include provision for this purpose which is
framed by reference to whether different complaints relate to different aspects
30of particular anti-social behaviour (including different incidents comprised in
particular anti-social behaviour).

(13) Schedule 4 (ASB case reviews: supplementary provision) has effect.

104 ASB case reviews: interpretation

(1) This section applies for the purposes of section 103, this section and Schedule 4.

(2) 35In relation to England—

• “local government area” means an area for which there is—

  (a)

  a relevant district council, or

  (b)

  a unitary authority;

• “relevant district council” means the council of a district so far as it is not
  40a unitary authority;

• “unitary authority” means—

  (a)

  the council of a county so far as it is the council for an area for
  which there are no district councils,

  (b)

  the council of any district comprised in an area for which there
  45is no county council,

  (c)

  a London borough council,

  (d)

  the Common Council of the City of London in its capacity as a
  local authority, or

  (e)

  the Council of the Isles of Scilly;

50and, in relation to a local government area in England—

Anti-social Behaviour, Crime and Policing BillPage 73

• “local provider of social housing” means a private registered provider of
  social housing that—

  (a)

  grants tenancies of dwelling-houses in that area, or

  (b)

  manages any house or other property in that area;

• 5“relevant bodies” means—

  (a)

  the relevant district council or the unitary authority,

  (b)

  the chief officer of police for the police area which that local
  government area is within,

  (c)

  each clinical commissioning group established under section
  1014V of the National Health Service Act 2006 whose area is
  wholly or partly within that local government area, and

  (d)

  any local providers of social housing who are among the
  relevant bodies by virtue of the co-option arrangements made
  in relation to that local government area.

(3) 15In relation to Wales—

• “local government area” means—

  (a)

  a county, or

  (b)

  a county borough;

and, in relation to a local government area in Wales—

• 20“local provider of social housing” means a body registered as a social
  landlord under section 3 of the Housing Act 1996 that—

  (a)

  grants tenancies of dwelling-houses in that area, or

  (b)

  manages any house or other property in that area;

• “relevant bodies” means—

  (a)

  25the council for the area,

  (b)

  the chief officer of police for the police area which that local
  government area is within,

  (c)

  each Local Health Board whose area is wholly or partly within
  that local government area, and

  (d)

  30any local providers of social housing who are among the
  relevant bodies by virtue of the co-option arrangements made
  in relation to that local government area.

(4) These expressions have the meanings given—

• “anti-social behaviour” means behaviour causing harassment, alarm or
  35distress to members or any member of the public;

• “applicant” means a person who makes an application for an ASB case
  review;

• “ASB case review” has the meaning given in section 103(1);

• “dwelling-house” has the same meaning as in the Housing Act 1985;

• 40“co-option arrangements” has the meaning given in paragraph 5 of
  Schedule 4;

• “reporting period”, in relation to the publication of information by the
  relevant bodies in a local government area, means a period, not
  exceeding 12 months, determined by those bodies.

Part 7 Dangerous dogs

105 Keeping dogs under proper control

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) 5In section 3 (keeping dogs under proper control)—

(a) in subsection (1)—

(i) for “a public place” there is substituted “any place in England or
Wales (whether or not a public place)”;

(ii) after “injures any person” there is inserted “or assistance dog”;

(b) 10after subsection (1) there is inserted—

“(1A) A person (“D”) is not guilty of an offence under subsection (1)
in a case which is a householder case.

(1B) For the purposes of subsection (1A) “a householder case” is a
case where—

(a) 15the dog is dangerously out of control while in or partly
in a building, or part of a building, that is a dwelling or
is forces accommodation (or is both), and

(b) at that time—

(i) the person in relation to whom the dog is
20dangerously out of control (“V”) is in, or is
entering, the building or part as a trespasser, or

(ii) D (if present at that time) believed V to be in, or
entering, the building or part as a trespasser.

Section 76(8B) to (8F) of the Criminal Justice and Immigration
25Act 2008 (use of force at place of residence) apply for the
purposes of this subsection as they apply for the purposes of
subsection (8A) of that section (and for those purposes the
reference in section 76(8D) to subsection (8A)(d) is to be read as
if it were a reference to paragraph (b)(ii) of this subsection).”;

(c) 30subsection (3) is repealed;

(d) in subsection (4)—

(i) the words “or (3)” are omitted;

(ii) for “either of those subsections” there is substituted “that
subsection”;

(iii) 35in paragraph (b), for “two years” there is substituted “the
relevant maximum specified in subsection (4A)”;

(e) after subsection (4) there is inserted—

“(4A) For the purposes of subsection (4)(b), the relevant maximum
is—

(a) 4014 years if a person dies as a result of being injured;

(b) 5 years in any other case where a person is injured;

(c) 3 years in any case where an assistance dog is injured
(whether or not it dies).”

(3) In section 4 (destruction and disqualification orders), the words “or (3)” are
45omitted in both places where they occur in subsection (1).

(4) In section 4A (contingent destruction orders)—

(a) in subsection (1)(a) the words “or (3)” are omitted;

(b) in subsection (4) the words “or (3)” are omitted.

(5) In section 5 (seizure, entry of premises and evidence)—

(a) 5in subsection (1)(c), for “one” there is substituted “a dog”;

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

“(1A) A constable or an officer of a local authority authorised by it to
exercise the powers conferred by this subsection may seize any
dog in a place in England or Wales which is not a public place,
10if the dog appears to the constable or officer to be dangerously
out of control.”

(6) In section 10 (interpretation)—

(a) in subsection (2), after the definition of “advertisement” there is
inserted—

• 15““assistance dog” has the meaning given by section 173(1)
  of the Equality Act 2010;”;

(b) in subsection (3)—

(i) after “injure any person” there is inserted “or assistance dog”;

(ii) after “injuring a person” there is inserted “or assistance dog”.

106 20Whether a dog is a danger to public safety

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

“(6A) A scheme under subsection (3) or (5) may in particular include
provision requiring a court to consider whether a person is a fit and
25proper person to be in charge of a dog.”

(3) In section 4 (destruction and disqualification orders) after subsection (1A)
there is inserted—

“(1B) For the purposes of subsection (1A)(a), when deciding whether a dog
would constitute a danger to public safety, the court—

(a) 30must consider—

(i) the temperament of the dog and its past behaviour, and

(ii) whether the owner of the dog, or the person for the time
being in charge of it, is a fit and proper person to be in
charge of the dog, and

(b) 35may consider any other relevant circumstances.”

(4) Section 4B (destruction orders otherwise than on a conviction) is amended as
follows—

(a) in subsection (1), after “section 5(1) or (2) below” there is inserted “or in
exercise of a power of seizure conferred by any other enactment”;

(b) 40after subsection (2) there is inserted—

“(2A) For the purposes of subsection (2)(a), when deciding whether a
dog would constitute a danger to public safety, the justice or
sheriff—

(a) must consider—

(i) the temperament of the dog and its past
behaviour, and

(ii) whether the owner of the dog, or the person for
the time being in charge of it, is a fit and proper
5person to be in charge of the dog, and

(b) may consider any other relevant circumstances.”

Part 8 Firearms

107 Offence of possessing firearm for supply etc

(1) 10The Firearms Act 1968 is amended as set out in subsections (2) to (8).

(2) In section 5 (which includes, in subsections (1) and (1A), offences of
unauthorised possession etc of prohibited weapons and ammunition)—

(a) in subsection (1) the words “, or manufactures, sells or transfers” are
omitted;

(b) 15in subsection (1A) the words “or sells or transfers” are omitted.

(3) After subsection (2) of that section there is inserted—

“(2A) A person commits an offence if without authority—

(a) he manufactures any weapon or ammunition specified in
subsection (1) of this section,

(b) 20he sells or transfers any prohibited weapon or prohibited
ammunition,

(c) he has in his possession for sale or transfer any prohibited
weapon or prohibited ammunition, or

(d) he purchases or acquires for sale or transfer any prohibited
25weapon or prohibited ammunition.”

(4) For subsection (3) of that section there is substituted—

“(3) In this section “authority” means an authority given in writing by—

(a) the Secretary of State (in or as regards England and Wales), or

(b) the Scottish Ministers (in or as regards Scotland).”

(5) 30In section 5A (exemptions from requirement of authority under section 5)—

(a) in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) of”
are omitted;

(b) in subsections (1) and (3), for “any prohibited weapon or ammunition”
there is substituted “any weapon, ammunition or missile specified in
35subsection (1A) of that section”.

(6) In section 51A (minimum sentences for certain offences), in subsection (1A),
before paragraph (a) there is inserted—

“(za) section 5(2A) (manufacture, sale or transfer of firearm, or
possession etc for sale or transfer);”.

(7) 40In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of
punishments) the words “or distributing” are omitted in the entries for—

(a) section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),

(b) section 5(1)(b),

(c) section 5(1A)(a), and

(d) section 5(1A)(b), (c), (d), (e), (f) or (g).

(8) In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or
(g) there is inserted—

(9) 5In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of
the 1968 Act to prohibit certain small firearms etc), after subsection (7) there is
inserted—

“(7A) In sections 2 to 7 below any reference to subsection (1)(aba) of section 5
of the 1968 Act shall include a reference to subsection (2A) of that
10section as it applies in relation to a firearm specified in subsection
(1)(aba) of that section.

(7B) In section 8 below the reference to subsection (1)(aba), (b) or (c) of
section 5 of the 1968 Act shall include a reference to subsection (2A) of
that section as it applies in relation to any weapon or ammunition
15specified in subsection (1)(aba), (b) or (c) of that section.”

108 Functions of Scottish Ministers under Firearms Acts

(1) In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

(a) in subsections (1) and (1A), for the words between “commits an offence
if,” and “, he has in his possession” there is substituted “without
20authority”;

(b) in subsection (4), for the words from the beginning to “the Scottish
Ministers” there is substituted “An authority shall be subject to
conditions specified in it, including such as the Secretary of State or the
Scottish Ministers (as appropriate)”;

(c) 25in subsection (6), for the words before “revoke an authority” there is
substituted “The Secretary of State or the Scottish Ministers (as
appropriate) may at any time, if they think fit,”.

(2) In section 5A of that Act (exemptions from requirement of authority under
section 5)—

(a) 30in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the
Scottish Ministers (by virtue of provision made under section 63 of the
Scotland Act 1998)” there is substituted “or the Scottish Ministers”;

(b) in subsection (6), for the words after “without the authority of the
Secretary of State” there is substituted “or the Scottish Ministers (as
35appropriate)”.

(3) In the Firearms (Amendment) Act 1997—

(a) in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small
firearms etc), for “The authority of the Secretary of State or the Scottish
Ministers (by virtue of provision made under section 63 of the Scotland

Act 1998)” there is substituted “The authority of the Secretary of State
or the Scottish Ministers”;

(b) in section 7(3), for the words “or the Scottish Ministers (by virtue of
provision made under section 63 of the Scotland Act 1998)”, in the first
5place where they occur, there is substituted “or the Scottish Ministers”.

(4) In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.)
Order 1999 (S.I. 1999/1750S.I. 1999/1750)—

(a) in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and”
are omitted;

(b) 10in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are
omitted.

109 Possession of firearms by persons previously convicted of crime

(1) In section 21 of the Firearms Act 1968 (possession of firearms by persons
previously convicted of crime), before subsection (3) there is inserted—

“(2C) 15Where—

(a) a person has been sentenced to imprisonment for a term of three
months or more, and

(b) the sentence is suspended under section 189 of the Criminal
Justice Act 2003,

20the person shall not have a firearm or ammunition in his possession at
any time during the period of five years beginning with the second day
after the date on which the sentence is passed.”

(2) In section 58(2) of that Act (saving for antique firearms), for “Nothing in this
Act” there is substituted “Apart from—

“(a) 25section 21 and Schedule 3, and

(b) any other provision of this Act so far as it applies in relation to
an offence under section 21,

nothing in this Act”.

(3) Where—

(a) 30a person is in possession of a firearm or ammunition immediately
before the day on which subsection (1) comes into force,

(b) by reason of a sentence imposed before that day, subsection (1) would
(but for this subsection) make the person’s possession of the firearm or
ammunition subject to a prohibition under section 21 of the Firearms
35Act 1968, and

(c) the person’s possession of the firearm or ammunition immediately
before that day is authorised by a certificate within the meaning given
in section 57(4) of that Act,

the prohibition does not apply while the certificate remains in force.

110 40Increased penalty for improper importation of firearms etc

(1) The Customs and Excise Management Act 1979 is amended as follows.

(2) In section 50 (penalty for improper importation of goods), in subsection (5A)
(firearms and counterfeit currency etc), for the words after “shall have effect”
there is substituted “as if for the words “imprisonment for a term not exceeding
457 years” there were substituted the words “imprisonment for life””.

(3) In that section—

(a) in subsection (4), after “(5A),” there is inserted “(5AA),”;

(b) at the end of paragraph (a) of subsection (5A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) 5after that subsection there is inserted—

“(5AA) In the case of an offence under subsection (2) or (3) above
committed in connection with the prohibition contained in
section 20 of the Forgery and Counterfeiting Act 1981,
subsection (4)(b) above shall have effect as if for the words
10“7 years” there were substituted the words “10 years”.”

(4) In section 170 (penalty for fraudulent evasion of duty or prohibition, etc), in
subsection (4A) (firearms and counterfeit currency etc)—

(a) in paragraph (a), for “subsection (2) or (3)” there is substituted
“subsection (1) or (2)”;

(b) 15for the words after “shall have effect” there is substituted “as if for the
words “imprisonment for a term not exceeding 7 years” there were
substituted the words “imprisonment for life””.

(5) In that section—

(a) in subsection (3), after “(4A),” there is inserted “(4AA),”;

(b) 20at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) after that subsection there is inserted—

“(4AA) In the case of an offence under subsection (1) or (2) above
committed in connection with the prohibitions contained in
25sections 20 and 21 of the Forgery and Counterfeiting Act 1981,
subsection (3)(b) above shall have effect as if for the words
“7 years” there were substituted the words “10 years”.”

(6) In section 68 (offences in relation to exportation of prohibited or restricted
goods), in subsection (4A) (firearms and counterfeit currency etc)—

(a) 30in paragraph (a) the words “or (3)” are omitted”;

(b) for the words after “shall have effect” there is substituted “as if for the
words “imprisonment for a term not exceeding 7 years” there were
substituted the words “imprisonment for life””.

(7) In that section—

(a) 35in subsection (3), after “(4A)” there is inserted “, (4AA)”;

(b) at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) after that subsection there is inserted—

“(4AA) In the case of an offence under subsection (2) above committed
40in connection with the prohibition contained in section 21 of the
Forgery and Counterfeiting Act 1981, subsection (3)(b) above
shall have effect as if for the words “7 years” there were
substituted the words “10 years”.”

111 British Transport Police: Crown status under Firearms Act 1968

(1) 45In section 54 of the Firearms Act 1968 (application to Crown servants), in