Police, Crime, Sentencing and Courts Bill (HL Bill 40)

Part 1 Protection of the police etc

Police covenant report

1 Police covenant report

(1)5The Secretary of State must in each financial year—

(a)prepare a police covenant report, and

(b)lay a copy of the report before Parliament.

(2)A police covenant report is a report about—

(a)the health and well-being of members and former members of the
police workforce,

(b)the physical protection of such persons,

(c)the support required by members of their families, and

(d)5any other matter in relation to members or former members of the
police workforce, or a particular description of such persons, that the
Secretary of State considers appropriate,

so far as these matters relate to the fact that the persons concerned are members
or former members of the police workforce.

(3)10In preparing a police covenant report the Secretary of State must have regard
in particular to—

(a)the obligations of and sacrifices made by members of the police
workforce, and

(b)the principle that it is desirable to remove any disadvantage for
15members or former members of the police workforce arising from their
membership or former membership.

(4)In preparing a police covenant report the Secretary of State must ensure that
the views of—

(a)any relevant government department, and

(b)20anyone else the Secretary of State considers appropriate,

are sought in relation to the matters to be covered by the report.

(5)A police covenant report must set out in full or summarise any views obtained
under subsection (4).

(6)The Secretary of State may not include in a police covenant report a summary
25under subsection (5) unless the person whose views are summarised has
approved the summary.

(7)A police covenant report must state whether, in the Secretary of State’s
opinion, in respect of any matter covered by the report, members or former
members of the police workforce, or a particular description of such persons,
30are at a disadvantage when compared with other persons or such descriptions
of other persons as the Secretary of State considers appropriate.

(8)Where the Secretary of State’s opinion is that there is any such disadvantage as
mentioned in subsection (7), the report must set out the Secretary of State’s
response to that.

(9)35In this section—

• “financial year” means—

  (a)

  the period which begins with the day on which this section
  comes into force and ends with the following 31 March, and

  (b)

  each successive period of 12 months;

• 40“members of the police workforce” means—

  (a)

  members of police forces in England and Wales,

  (b)

  special constables appointed under section 27 of the Police Act
  1996,

  (c)

  staff appointed by the chief officer of police of a police force in
  45England and Wales,

  (d)

  persons designated as community support volunteers or
  policing support volunteers under section 38 of the Police
  Reform Act 2002,

  Police, Crime, Sentencing and Courts BillPage 3

  (e)

  staff appointed by a local policing body if, or to the extent that,
  they are employed to assist a police force in England and Wales,

  (f)

  persons providing services, in pursuance of contractual
  arrangements (but without being employed by the chief officer
  5of a police force in England and Wales or a local policing body),
  to assist a police force in England and Wales in relation to the
  discharge of its chief officer’s functions,

  (g)

  constables of the British Transport Police Force,

  (h)

  special constables of the British Transport Police Force
  10appointed under section 25 of the Railways and Transport
  Safety Act 2003,

  (i)

  employees of the British Transport Police Authority appointed
  under section 27 of that Act and under the direction and control
  of the chief constable of the British Transport Police Force,

  (j)

  15persons designated as community support volunteers or
  policing support volunteers under section 38 of the Police
  Reform Act 2002 as applied by section 28 of the Railways and
  Transport Safety Act 2003,

  (k)

  members of the Civil Nuclear Constabulary,

  (l)

  20employees of the Civil Nuclear Police Authority employed
  under paragraph 6 of Schedule 10 to the Energy Act 2004 if, or
  to the extent that, they are employed to assist the Civil Nuclear
  Constabulary,

  (m)

  members of the Ministry of Defence Police and other persons
  25under the direction and control of the Chief Constable of the
  Ministry of Defence Police, and

  (n)

  National Crime Agency officers.

• “former members of the police workforce” means persons who have
  ceased to be members of the police workforce;

• 30“relevant government department”, in relation to a matter to be covered
  by a police covenant report, means a department of the Government of
  the United Kingdom (apart from the Home Office) which the Secretary
  of State considers has functions relevant to that matter.

(10)The reference in subsection (2) to members of the families of members and
35former members of the police workforce is a reference to such descriptions of
persons connected with members or former members of the police workforce
as the Secretary of State considers should be covered by a police covenant
report.

Increase in penalty for assault on emergency worker

2 40Increase in penalty for assault on emergency worker

(1)In section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (offence
of common assault, or battery, committed against emergency worker), in
subsection (2)(b) (penalty for conviction on indictment), for “12 months”
substitute “2 years”.

(2)45Subsection (1) applies only in relation to offences committed on or after the day
on which this section comes into force.

Special constables and Police Federations

3 Special constables and Police Federations: amendments to the Police Act 1996

(1)The Police Act 1996 is amended as follows.

(2)In section 51 (regulations for special constables), in subsection (2), after
5paragraph (c) insert—

“(ca)the treatment as occasions of police duty of attendance at
meetings of the Police Federations and of any body recognised
by the Secretary of State for the purposes of section 64;”.

(3)Section 59 (Police Federations) is amended as set out in subsections (4) to (7).

(4)10For subsection (1) substitute—

“(1)There shall continue to be a Police Federation for England and Wales
for the purpose of representing members of the police forces in England
and Wales, and special constables appointed for a police area in
England and Wales, in all matters affecting their welfare and efficiency,
15except for—

(a)questions of promotion affecting individuals, and

(b)(subject to subsection (2)) questions of discipline affecting
individuals.”

(5)After subsection (1A) insert—

“(1B)20There shall continue to be a Police Federation for Scotland for the
purpose of representing constables of the Police Service of Scotland in
all matters affecting their welfare and efficiency, except for—

(a)questions of promotion affecting individuals, and

(b)(subject to subsection (2A)) questions of discipline affecting
25individuals.”

(6)For subsection (2) substitute—

“(2)The Police Federation for England and Wales may—

(a)represent a member of a police force at any proceedings
brought under regulations made in accordance with section
3050(3) above, or on an appeal from any such proceedings;

(b)represent a special constable at any proceedings brought under
regulations made in accordance with section 51(2A) above, or
on an appeal from any such proceedings.

(2A)The Police Federation for Scotland may represent a constable of the
35Police Service of Scotland at any proceedings brought under
regulations made in accordance with section 48 of the Police and Fire
Reform (Scotland) Act 2012 (asp 8) in so far as relating to the matters
described in section 52 of that Act, or on an appeal from any such
proceedings.”

(7)40For subsection (3) substitute—

“(3)Except on an appeal to a police appeals tribunal or as provided in
regulations made in accordance with section 84—

(a)a member of a police force in England and Wales may only be
represented under subsection (2)(a) by another member of a
police force or a special constable;

(b)a special constable appointed for a police area in England and
5Wales may only be represented under subsection (2)(b) by
another special constable or a member of a police force

(c)a constable of the Police Service of Scotland may only be
represented under subsection (2A) by another constable of the
Police Service of Scotland.”

(8)10In section 60 (regulations for Police Federations), in subsection (2), in
paragraph (e), for the words from the beginning to “requiring” substitute
“about the pay, pension or allowances and other conditions of service for any
member of a police force or special constable who is the secretary or officer of
a Police Federation (including provision which applies existing regulations
15with modifications), and may require”.

Police driving standards

4 Meaning of dangerous driving: constables etc

(1)Section 2A of the Road Traffic Act 1988 (meaning of dangerous driving) is
amended in accordance with subsections (2) to (4).

(2)20In subsection (1), after paragraph (b) insert “But this subsection does not apply
where subsection (1B) applies.”

(3)After subsection (1) insert—

“(1A)Subsection (1B) applies where a designated person—

(a)is driving for police purposes (subject to subsections (1E) and
25(1F)), and

(b)has undertaken prescribed training.

(1B)For the purposes of sections 1, 1A and 2 above, the designated person
is to be regarded as driving dangerously if (and, subject to subsection
(2) below, only if)—

(a)30the way the person drives falls far below what would be
expected of a competent and careful constable who has
undertaken the same prescribed training, and

(b)it would be obvious to such a competent and careful constable
that driving in that way would be dangerous.

(1C)35In subsections (1A) and (1B) “designated person” means—

(a)a constable,

(b)a member of staff appointed by the chief officer of police of a
police force in England and Wales,

(c)a member of staff appointed by a local policing body and
40employed to assist a police force in England and Wales,

(d)a member of staff appointed by the Scottish Police Authority
under section 26(1) of the Police and Fire Reform (Scotland) Act
2012 (asp 8),

(e)an employee of the British Transport Police Authority
45appointed under section 27 of the Railways and Transport
Safety Act 2003,

(f)a person employed or engaged by—

(i)a chief officer of police,

(ii)the British Transport Police Authority,

(iii)the Civil Nuclear Police Authority,

(iv)5the chief constable for the Ministry of Defence Police, or

(v)the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for
police purposes,

(g)a person employed or engaged by a person within paragraph
10(f)(i) to (v) to train another person to carry out training of the
kind mentioned in that paragraph,

(h)a National Crime Agency officer, or

(i)a person engaged by the National Crime Agency—

(i)to train a National Crime Agency officer to drive for law
15enforcement purposes, or

(ii)to train another person to carry out training of the kind
mentioned in sub-paragraph (i).

(1D)In subsection (1C)(a) “constable” does not include a port constable
within the meaning of section 7 of the Marine Navigation Act 2013 or a
20person appointed to act as a constable under provision made by virtue
of section 16 of the Harbours Act 1964.

(1E)In the case of a National Crime Agency officer, the reference in
subsection (1A)(a) to driving for police purposes is to be read as a
reference to driving for law enforcement purposes.

(1F)25In the case of a person within paragraph (i) of subsection (1C), the
reference in subsection (1A)(a) to driving for police purposes is to be
read as a reference to driving for the purpose of the training mentioned
in that paragraph.”

(4)In subsection (3)—

(a)30after “(1)” insert “, (1B)”, and

(b)after “driver” insert “or constable (as the case may be)”.

(5)The amendments made by this section have effect only in relation to driving
occurring after this section comes into force.

5 Meaning of careless driving: constables etc

(1)35Section 3ZA of the Road Traffic Act 1988 (meaning of careless driving) is
amended in accordance with subsections (2) to (4).

(2)In subsection (2), after “driver.” insert “But this subsection does not apply
where subsection (2B) applies.”

(3)After subsection (2) insert—

“(2A)40Subsection (2B) applies where a designated person—

(a)is driving for police purposes (subject to subsections (2E) and
(2F)), and

(b)has undertaken prescribed training.

(2B)The designated person is to be regarded as driving without due care
and attention if (and only if) the way the person drives falls below what
would be expected of a competent and careful constable who has
undertaken the same prescribed training.

(2C)5In subsections (2A) and (2B) “designated person” means—

(a)a constable,

(b)a member of staff appointed by the chief officer of police of a
police force in England and Wales,

(c)a member of staff appointed by a local policing body and
10employed to assist a police force in England and Wales,

(d)a member of staff appointed by the Scottish Police Authority
under section 26(1) of the Police and Fire Reform (Scotland) Act
2012 (asp 8),

(e)an employee of the British Transport Police Authority
15appointed under section 27 of the Railways and Transport
Safety Act 2003,

(f)a person employed or engaged by—

(i)a chief officer of police,

(ii)the British Transport Police Authority,

(iii)20the Civil Nuclear Police Authority,

(iv)the chief constable for the Ministry of Defence Police, or

(v)the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for
police purposes,

(g)25a person employed or engaged by a person within paragraph
(f)(i) to (v) to train another person to carry out training of the
kind mentioned in that paragraph,

(h)a National Crime Agency officer, or

(i)a person engaged by the National Crime Agency—

(i)30to train a National Crime Agency officer to drive for law
enforcement purposes, or

(ii)to train another person to carry out training of the kind
mentioned in sub-paragraph (i).

(2D)In subsection (2C)(a) “constable” does not include a port constable
35within the meaning of section 7 of the Marine Navigation Act 2013 or a
person appointed to act as a constable under provision made by virtue
of section 16 of the Harbours Act 1964.

(2E)In the case of a National Crime Agency officer, the reference in
subsection (2A)(a) to driving for police purposes is to be read as a
40reference to driving for law enforcement purposes.

(2F)In the case of a person within paragraph (i) of subsection (2C), the
reference in subsection (2A)(a) to driving for police purposes is to be
read as a reference to driving for the purpose of the training mentioned
in that paragraph.”

(4)45In subsection (3)—

(a)after “(2)” insert “or (2B)”, and

(b)after “driver” insert “or constable (as the case may be)”.

(5)The amendments made by this section have effect only in relation to driving
occurring after this section comes into force.

6 Regulations relating to sections 4 and 5

In section 195 of the Road Traffic Act 1988 (provisions as to regulations), after
5subsection (6) insert—

“(7)Regulations prescribing training for the purposes of section 2A(1A)(b)
or 3ZA(2A)(b) may make different provision for different persons or
areas.”

Part 2 10Prevention, investigation and prosecution of crime

Chapter 1 Functions relating to serious violence

Functions relating to serious violence

7 Duties to collaborate and plan to prevent and reduce serious violence

(1)15The specified authorities for a local government area must collaborate with
each other to prevent and reduce serious violence in the area.

(2)The duty imposed on the specified authorities for a local government area by
subsection (1) includes a duty to plan together to exercise their functions so as
to prevent and reduce serious violence in the area.

(3)20In particular, the specified authorities for a local government area must—

(a)identify the kinds of serious violence that occur in the area,

(b)identify the causes of serious violence in the area, so far as it is possible
to do so, and

(c)prepare and implement a strategy for exercising their functions to
25prevent and reduce serious violence in the area.

(4)In preparing a strategy under this section for a local government area, the
specified authorities for the area must ensure that the following are
consulted—

(a)each educational authority for the area;

(b)30each prison authority for the area;

(c)each youth custody authority for the area.

(5)A strategy under this section for a local government area may specify an action
to be carried out by—

(a)an educational authority for the area,

(b)35a prison authority for the area, or

(c)a youth custody authority for the area.

See section 14 for further provision about the duties of such authorities in
relation to such actions.

(6)In preparing a strategy under this section for a local government area, the
40specified authorities for the area may invite participation from—

(a)in the case of a strategy for a local government area in England, a
person of a description for the time being prescribed by order of the
Secretary of State under section 5(3) of the Crime and Disorder Act
1998;

(b)5in the case of a strategy for a local government area in Wales, a person
of a description for the time being prescribed by order of the Welsh
Ministers under section 5(3) of that Act.

(7)Once a strategy has been prepared under this section for a local government
area, the specified authorities for the area must—

(a)10keep the strategy under review, and

(b)from time to time prepare and implement a revised strategy.

(8)A strategy under this section may cover an area that is wider than a local
government area if it is also prepared in the exercise of the powers in section 8.

(9)The Secretary of State may by regulations make provision for or in connection
15with the publication and dissemination of a strategy under this section.

(10)References in subsections (4) to (9) to a strategy under this section include a
revised strategy.

(11)This section does not affect any power of a specified authority to collaborate or
plan apart from this section.

(12)20For provisions about the interpretation of this section, see—

(a)section 10 and Schedule 1 (specified authorities and local government
areas);

(b)section 11 and Schedule 2 (educational, prison and youth custody
authorities);

(c)25section 12 (preventing and reducing serious violence).

8 Powers to collaborate and plan to prevent and reduce serious violence

(1)Two or more specified authorities may collaborate with each other to prevent
and reduce serious violence in a relevant area.

(2)The power conferred on specified authorities by subsection (1) includes a
30power to plan together to exercise their functions so as to prevent and reduce
serious violence in a relevant area.

(3)In particular, the specified authorities may—

(a)identify the kinds of serious violence that occur in a relevant area,

(b)identify the causes of serious violence in the area, and

(c)35prepare and implement a strategy for exercising their functions to
prevent and reduce serious violence in the area.

(4)In preparing a strategy under this section for a relevant area, the specified
authorities preparing the strategy must ensure that the following are
consulted—

(a)40every other specified authority for the area;

(b)each educational authority for the area;

(c)each prison authority for the area;

(d)each youth custody authority for the area.