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

Part 2 continued    

(5)A strategy under this section for a for a relevant area may specify actions to be
carried out by—

(a)an educational authority for the area,

(b)a prison authority for the area, or

(c)5a 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 relevant area, the specified
authorities for the area may invite participation from—

(a)10in the case of a strategy for a relevant area in England, an eligible
person for the time being prescribed by order of the Secretary of State
under section 5(3) of the Crime and Disorder Act 1998;

(b)in the case of a strategy for a relevant area in Wales, an eligible person
for the time being prescribed by order of the Welsh Ministers under
15section 5(3) of that Act;

(c)in the case of a strategy for a relevant area partly in England and partly
in Wales, an eligible person for the time being prescribed by order of
the Secretary of State or the Welsh Ministers under section 5(3) of that
Act.

(7)20For the purposes of subsection (6), an eligible person is—

(a)where a person is prescribed in terms of a description which includes a
connection to a local government area, a person of that description with
such a connection to a local government area all or part of which
coincides with or falls within the relevant area, or

(b)25a person prescribed in terms that do not refer to a connection with a
local government area.

In this subsection “local government area” has the same meaning as in section
5 of the Crime and Disorder Act 1998 (see subsection (5) of that section).

(8)Once a strategy has been prepared under this section for a relevant area, the
30specified authorities for the area may—

(a)keep the strategy under review, and

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

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

(10)35References 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)In this Chapter “relevant area”, in relation to a specified authority, educational
40authority, prison authority or youth custody authority means an area made up
of—

(a)all or part of a local government area for which it is a specified
authority, educational authority, prison authority or youth custody
authority, and

(b)45all or part of one or more other local government areas (regardless of
whether, in the case of a specified authority or educational authority, it
is also a specified authority or educational authority for the other area
or areas).

(13)For further 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
5authorities);

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

9 Power to authorise collaboration etc. with other persons

(1)The Secretary of State may by regulations—

(a)confer powers on a specified authority to collaborate with a prescribed
10person to prevent and reduce serious violence in a prescribed area;

(b)confer powers on a prescribed person to collaborate with a specified
authority to prevent and reduce serious violence in a prescribed area.

(2)The Secretary of State may by regulations authorise the disclosure of
information—

(a)15by a prescribed person to any person listed in subsection (3) for the
purposes of preventing and reducing serious violence in a prescribed
area;

(b)by any person listed in subsection (3) to a prescribed person for such
purposes.

(3)20Those persons are—

(a)a specified authority;

(b)a local policing body;

(c)an educational authority;

(d)a prison authority;

(e)25a youth custody authority.

(4)Regulations under subsection (2) may provide that a disclosure under the
regulations does not breach—

(a)any obligation of confidence owed by the person making the
disclosure, or

(b)30any other restriction on the disclosure of information (however
imposed).

(5)But if regulations under subsection (2) contain provision under subsection
(4)(b), they must provide that they do not authorise a disclosure of information
that—

(a)35would contravene the data protection legislation (but in determining
whether a disclosure would do so, any power conferred by the
regulations is to be taken into account), or

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.

(6)40This section does not affect any power to collaborate or to disclose information
apart from regulations under this section.

(7)In this section, “prescribed” means prescribed, or of a description prescribed,
in regulations under this section.

(8)Regulations under this section may, in particular, prescribe persons by
45reference to the fact that they have been invited under section 7(6) or 8(6) to
participate in the preparation of a strategy under section 7 or 8.

(9)In this Chapter “the data protection legislation” has the same meaning as in the
Data Protection Act 2018 (see section 3 of that Act).

10 Specified authorities and local government areas

(1)In this Chapter “specified authority” means a person listed in the first column
5of a table in Schedule 1.

(2)Subsection (3) applies to a specified authority listed in Schedule 1 in terms that
refer to the exercise of particular functions or to a particular capacity that it has.

(3)References in this Chapter to the authority’s functions are to those functions or
its functions when acting in that capacity.

(4)10In this Chapter “local government area” means—

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

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

(5)For the purposes of this Chapter the Inner Temple and the Middle Temple
15form part of the City of London.

(6)For the purposes of this Chapter a specified authority listed in a table in
Schedule 1 is an authority for the local government area or (as the case may be)
each local government area listed in the corresponding entry in the second
column of the table.

(7)20The Secretary of State may by regulations amend Schedule 1 by adding,
modifying or removing a reference to a specified authority or a local
government area.

11 Educational, prison and youth custody authorities

(1)In this Chapter—

• 25“educational authority” means a person listed in the first column of the
  first table in Schedule 2;

• “prison authority” means a person listed in the first column of the second
  table in Schedule 2;

• “youth custody authority” means a person listed in the first column of the
  30third table in Schedule 2.

(2)For the purposes of this Chapter an educational authority, prison authority or
a youth custody authority listed in a table in Schedule 2 is an authority for the
local government area or (as the case may be) each local government area listed
in the corresponding entry in the second column of the table.

(3)35The Secretary of State may by regulations amend Schedule 2 by adding,
modifying or removing an entry in a table in that Schedule.

12 Preventing and reducing serious violence

(1)In this Chapter—

(a)references to preventing serious violence in an area are to preventing
40people from becoming involved in serious violence in the area, and

(b)references to reducing serious violence in an area are to reducing
instances of serious violence in the area.

(2)The reference in subsection (1)(a) to becoming involved in serious violence
includes becoming a victim of serious violence.

(3)In this Chapter “violence”—

(a)includes violence against property and threats of violence;

(b)5does not include terrorism (within the meaning of the Terrorism Act
2000 (see section 1(1) to (4) of that Act)).

(4)In considering whether violence in an area amounts to serious violence for the
purposes of this Chapter, account must be taken in particular of the following
factors—

(a)10the maximum penalty which could be imposed for any offence
involved in the violence,

(b)the impact of the violence on any victim,

(c)the prevalence of the violence in the area, and

(d)the impact of the violence on the community in the area.

15Exercise of functions

13 Involvement of local policing bodies

(1)A local policing body for a police area may assist a specified authority in the
exercise of—

(a)the authority’s functions under or in accordance with section 7 in
20relation to a local government area which coincides with or falls within
the police area, or

(b)the authority’s functions under or in accordance with section 8 in
relation to a relevant area which, or any part of which, coincides with
or falls within the police area.

(2)25A local policing body may—

(a)monitor the exercise by specified authorities of their functions under or
in accordance with section 7 in relation to a local government area
which coincides with or falls within the police area, or

(b)monitor the exercise by specified authorities of their functions under or
30in accordance with section 8 in relation to a relevant area which, or any
part of which, coincides with or falls within the police area.

(3)A local policing body may report its findings under subsection (2) to the
Secretary of State.

(4)The Secretary of State may by regulations make provision conferring functions
35on a local policing body for a police area for the purposes of subsection (1).

(5)Provision under subsection (4) may include provision—

(a)for a local policing body to provide funding to a specified authority,

(b)for a local policing body to arrange for meetings to be held for the
purpose of assisting the exercise by specified authorities of their
40functions under or in accordance with section 7 or 8,

(c)for the local policing body or a representative of the body to chair the
meetings, and

(d)for such descriptions and numbers of persons as the local policing body
may specify to be required to attend the meetings.

(6)If a local policing body acts under subsection (1) or (2), or under regulations
under subsection (4), in relation to the exercise by a specified authority of its
functions under or in accordance with section 7 or 8, the authority must co-
operate with the body.

(7)5References in this Chapter (however expressed) to a specified authority
exercising functions in accordance with section 7 or 8 are to the authority
exercising functions conferred on it apart from this Chapter in accordance with
the section in question.

14 Involvement of educational, prison and youth custody authorities

(1)10An educational, prison or youth custody authority (a “relevant authority”) for
a local government area and a specified authority for that area may collaborate
with each other to prevent and reduce serious violence in that area.

(2)A relevant authority for a relevant area and a specified authority for that area
may collaborate with each other to prevent and reduce serious violence in that
15area.

(3)A relevant authority and a specified authority must collaborate with each other
as mentioned in subsection (1) or (2) if either the relevant authority or the
specified authority requests the other to do so.

(4)A relevant authority must carry out any actions which are specified under
20section 7(5) or 8(5) as actions to be carried out by the authority.

(5)A relevant authority for a local government area—

(a)may collaborate with another relevant authority for that area to prevent
and reduce serious violence in that area, and

(b)must collaborate with another relevant authority for that area for those
25purposes if requested by that other relevant authority to do so.

(6)A relevant authority (“RA1”) may collaborate with another relevant authority
(“RA2”) to prevent and reduce serious violence in an area which is made up
of—

(a)all or part of the local government area for which RA1 is a relevant
30authority, and

(b)all or part of the local government area for which RA2 is a relevant
authority.

(7)A relevant authority is not subject to a duty in subsection (3), (4) or (5)(b), and
a specified authority is not subject to a duty in subsection (3), if or to the extent
35that compliance with the duty—

(a)would be incompatible with any other duty of the authority imposed
by an enactment (other than subsection (5)(b)),

(b)would otherwise have an adverse effect on the exercise of the
authority’s functions,

(c)40would be disproportionate to the need to prevent and reduce serious
violence in the area to which the duty relates, or

(d)would mean that the authority incurred unreasonable costs.

(8)In determining whether subsection (7) applies to an authority, the cumulative
effect of complying with duties under this section must be taken into account.

(9)Subsection (7) or (8) does not apply in relation to the duty of a relevant
authority to collaborate with a specified authority under subsection (3) to the
extent that it relates to—

(a)the exercise by the specified authority of its function under subsection
5(3)(a) or (b) of section 7 of identifying the kinds or causes of serious
violence in an area or its function of preparing a strategy under
subsection (3)(c) of that section, or

(b)the exercise by the specified authority of its function under subsection
(3)(a) or (b) of section 8 of identifying the kinds or causes of serious
10violence in an area or its function of preparing a strategy under
subsection (3)(c) of that section.

(10)This section does not affect any power to collaborate apart from this section.

(11)In this section “enactment” includes—

(a)an enactment comprised in subordinate legislation within the meaning
15of the Interpretation Act 1978, and

(b)an enactment comprised in, or in an instrument made under, a Measure
or Act of Senedd Cymru.

15 Disclosure of information

(1)A person listed in subsection (2) may disclose information that it holds for the
20purposes of its functions to another person listed in that subsection for the
purposes of the exercise by the other person of its functions under or in
accordance with this Chapter.

(2)Those persons are—

(a)a specified authority;

(b)25a local policing body;

(c)an educational authority;

(d)a prison authority;

(e)a youth custody authority.

(3)A disclosure of information authorised by this section does not breach—

(a)30any obligation of confidence owed by the person making the
disclosure, or

(b)any other restriction on the disclosure of information (however
imposed).

(4)But this section does not authorise a disclosure of information that—

(a)35would contravene the data protection legislation (but in determining
whether a disclosure would do so, the power conferred by this section
is to be taken into account), or

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.

(5)40Subsection (6) applies if—

(a)a disclosure of information under this section is also permitted by
regulations under section 6(2) of the Crime and Disorder Act 1998 or by
section 115 of that Act (but is not also a disclosure under section 17A of
that Act), and

(b)45a condition or limitation applies to a disclosure under those regulations
or section 115 of that Act by virtue of such regulations.

(6)The condition or limitation does not apply to the disclosure of information
under this section.

(7)This section does not otherwise affect any power to disclose information apart
from this section.

16 5Supply of information to local policing bodies

(1)A local policing body may, for the purposes of enabling or assisting it to
exercise its functions under section 13 in relation to an area, request any person
listed in subsection (2) to supply it with such information as may be specified
in the request.

(2)10Those persons are—

(a)a specified authority for that area;

(b)an educational authority for that area;

(c)a prison authority for that area;

(d)a youth custody authority for that area.

(3)15Information requested under subsection (1) must be information that relates
to—

(a)the person to whom the request was made,

(b)a function of the person to whom the request was made, or

(c)a person in respect of whom a function is exercisable by the person
20requested to supply the information.

(4)Subject to subsection (6), a person who is requested to supply information
under subsection (1) must comply with the request.

(5)A disclosure of information required by subsection (4) does not breach—

(a)any obligation of confidence owed by the person making the
25disclosure, or

(b)any other restriction on the disclosure of information (however
imposed).

(6)But subsection (4) does not require a disclosure of information that—

(a)would contravene the data protection legislation (but in determining
30whether a disclosure would do so, the duty imposed by that subsection
is to be taken into account), or

(b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the
Investigatory Powers Act 2016.

(7)Information supplied to a local policing body under this section may be used
35by the body only for the purpose of enabling or assisting it to exercise its
functions under section 13.

17 Directions

(1)Subsection (2) applies if the Secretary of State is satisfied that—

(a)a specified authority has failed to discharge a duty imposed on it by
40section 7, 13(6), 14(3) or 16(4), or

(b)an educational authority, prison authority or youth custody authority
has failed to discharge a duty imposed on it by section 14(3), (4) or (5)(b)
or 16(4).

(2)The Secretary of State may give directions to the authority for the purpose of
securing compliance with the duty.

(3)A direction under subsection (2) may be enforced, on an application made on
behalf of the Secretary of State, by a mandatory order.

(4)5The Secretary of State must consult the Welsh Ministers before giving a
direction under this section to a devolved Welsh authority within the meaning
of the Government of Wales Act 2006 (see section 157A of that Act).

(5)This section does not apply in relation to—

(a)a provider of probation services if that provider is the Secretary of State,

(b)10the governor of a prison, young offender institution or secure training
centre, or

(c)the principal of a directly managed secure college as defined in
paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act
2015.

18 15Guidance

(1)A person listed in subsection (2) must have regard to guidance issued by the
Secretary of State—

(a)in exercising any function conferred by or by virtue of this Chapter, or

(b)in exercising any function in accordance with this Chapter.

(2)20Those persons are—

(a)a specified authority;

(b)a person prescribed in regulations under section 9;

(c)a local policing body;

(d)an educational authority;

(e)25a prison authority;

(f)a youth custody authority.

(3)The Secretary of State must consult the Welsh Ministers before issuing
guidance relating to the exercise of functions as mentioned in subsection (1) by
a devolved Welsh authority within the meaning of the Government of Wales
30Act 2006 (see section 157A of that Act).

Amendments to the Crime and Disorder Act 1998 etc

19 Amendments to the Crime and Disorder Act 1998

(1)The Crime and Disorder Act 1998 is amended as follows.

(2)In section 5A (combination agreements: further provision)—

(a)35in subsection (2), after paragraph (c) insert—

“(d)preventing people from becoming involved in serious
violence;

(e)reducing instances of serious violence.”, and”

(b)after subsection (9) insert—

“(10)40References in this section to serious violence and to becoming
involved in serious violence are to be construed in accordance
with section 18.”

(3)Section 6 (formulation and implementation of strategies) is amended in
accordance with subsections (4) to (7).

(4)In subsection (1), at the end of paragraph (c) insert “; and

(d)a strategy for—

(i)5preventing people from becoming involved in serious
violence in the area, and

(ii)reducing instances of serious violence in the area.”

(5)In subsection (6)—

(a)omit the “or” at the end of paragraph (a), and

(b)10after paragraph (b) insert—

“(c)the prevention of people becoming involved in serious
violence of a particular description; or

(d)the reduction of instances of serious violence of a
particular description.”

(6)15In subsection (9), at the end of paragraph (a) insert “and strategies for
preventing people from becoming involved in and reducing instances of
serious violence in areas in Wales”.

(7)After subsection (9) insert—

“(10)The Secretary of State must consult the Welsh Ministers before making
20regulations under this section if and to extent that the regulations—

(a)relate to a strategy within subsection (1)(d), and

(b)make provision that applies in relation to a devolved Welsh
authority within the meaning of the Government of Wales Act
2006 (see section 157A of that Act).

(11)25References in this section to serious violence and to becoming involved
in serious violence are to be construed in accordance with section 18.”

(8)Section 17 (duty to consider crime and disorder implications) is amended in
accordance with subsections (9) to (11).

(9)In subsection (1), at the end of paragraph (c) insert “; and

“(d)30serious violence in its area.”

(10)After subsection (1) insert—

“(1A)The duty imposed on an authority by subsection (1) to do all it
reasonably can to prevent serious violence in its area is a duty on the
authority to do all it reasonably can to—

(a)35prevent people from becoming involved in serious violence in
its area, and

(b)reduce instances of serious violence in its area.”

(11)After subsection (5) insert—

“(6)References in this section to serious violence and to becoming involved
40in serious violence are to be construed in accordance with section 18.”

(12)In section 18 (interpretation of Chapter 1)—

(a)in subsection (1), at the appropriate place insert—

• ““violence”—

• (a)

  includes violence against property and threats of
  violence;

  (b)

  does not include terrorism (within the meaning
  of the Terrorism Act 2000 (see section 1(1) to (4)
  5of that Act)).”, and”

(b)after that subsection insert—

“(1A)References in this Chapter to becoming involved in serious
violence include becoming a victim of serious violence.

(1B)In considering whether violence in an area amounts to serious
10violence for the purposes of this Chapter account must be taken
in particular of the following factors—

(1B)(a)the maximum penalty which could be imposed for any
offence involved in the violence,

(b)the impact of the violence on any victim,

(c)15the prevalence of the violence in the area, and

(d)the impact of the violence on the community in the
area.”

20 Amendment to the Police and Justice Act 2006

In section 19(11) of the Police and Justice Act 2006 (local authority scrutiny of
20crime and disorder matters: interpretation), in the definition of “local crime
and disorder matter”—

(a)omit the “or” at the end of paragraph (a), and

(b)at the end of paragraph (b) insert “or

(c)serious violence (within the meaning of Chapter 1 of
25Part 1 of the Crime and Disorder Act 1998),”.

General

21 Regulations

(1)Regulations under this Chapter are to be made by statutory instrument.

(2)Regulations under this Chapter—

(a)30may make different provision for different purposes or areas;

(b)may make consequential, supplementary, incidental, transitional,
transitory or saving provision.

(3)The Secretary of State must consult the Welsh Ministers before making
regulations under this Chapter if and to extent that the regulations make
35provision that applies in relation to a devolved Welsh authority within the
meaning of the Government of Wales Act 2006 (see section 157A of that Act).

(4)A statutory instrument containing regulations under this Chapter may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

(5)40Subsection (4) does not apply to a statutory instrument containing only one or
more of the following—

(a)regulations under section 7(9);

(b)regulations under section 8(9);