Police, Crime, Sentencing and Courts Bill (HL Bill 72)

Part 4 continued    

the occupier were references to the local authority in relation to
the common land;

(b)in a case where P’s residence or intended residence without the
consent of the occupier is, or would be, an infringement of the
5commoners’ rights and—

(i)the occupier is aware of P’s residence or intended
residence and had an opportunity to consent to it, or

(ii)if sub-paragraph (i) does not apply, any one or more of
the commoners took reasonable steps to try to inform
10the occupier of P’s residence or intended residence and
provide an opportunity to consent to it,

as if in subsection (1)(d) after “a constable” there were inserted
“or the commoners or any of them or their representative”.

(8)In this section--

• 15“common land” and “commoner” have the same meaning as in
  section 61;

• “damage” includes—

  (a)

  damage to the land;

  (b)

  damage to any property on the land not belonging to P;

  (c)

  20damage to the environment (including excessive noise,
  smells, litter or deposits of waste);

• “disruption” includes interference with—

  (a)

  a person’s ability to access any services or facilities
  located on the land or otherwise make lawful use of the
  25land, or

  (b)

  a supply of water, energy or fuel;

• “land” does not include buildings other than—

  (a)

  agricultural buildings within the meaning of
  paragraphs 3 to 8 of Schedule 5 to the Local Government
  30Finance Act 1988, or

  (b)

  scheduled monuments within the meaning of the
  Ancient Monuments and Archaeological Areas Act
  1979;

• “the local authority”, in relation to common land, has the same
  35meaning as in section 61;

• “occupier” means the person entitled to possession of the land by
  virtue of an estate or interest held by the person;

• “offensive conduct” means—

  (a)

  the use of threatening, abusive or insulting words or
  40behaviour, or disorderly behaviour, or

  (b)

  the display of any writing, sign, or other visible
  representation that is threatening, abusive or insulting;

• “vehicle” includes—

  (a)

  any vehicle, whether or not it is in a fit state for use on
  45roads, and includes any chassis or body, with or without
  wheels, appearing to have formed part of such a vehicle,
  and any load carried by, and anything attached to, such
  a vehicle, and

  (b)

  a caravan as defined in section 29(1) of the Caravan Sites
  50and Control of Development Act 1960.

(9)For the purposes of this section a person is to be considered as residing
or having the intention to reside in a place even if that residence or
intended residence is temporary, and a person may be regarded as
residing or having an intention to reside in a place notwithstanding that
5the person has a home elsewhere.

60D Offence under section 60C: seizure of property etc

(1)If a constable reasonably suspects that an offence has been committed
under section 60C, the constable may seize and remove any relevant
property that appears to the constable—

(a)10to belong to the person who the constable suspects has
committed the offence (“P”);

(b)to be in P’s possession; or

(c)to be under P’s control.

(2)“Relevant property” means—

(a)15a vehicle (wherever located) which, for the purposes of section
60C(1)(b) (in the case of an offence under section 60C(2)(a)) or
for the purposes of section 60C(2)(b)(ii) (in the case of an offence
under section 60C(2)(b)), the constable suspects P had or
intended to have with them, or

(b)20any other property that is on the relevant land.

(3)The “relevant land” is the land in respect of which a request under
section 60C(1)(d) is made.

(4)The relevant chief officer of police may retain any property that has
been seized under subsection (1) until the end of the period of three
25months beginning with the day of the seizure (“the relevant period”).

(5)But the relevant chief officer of police ceases to be entitled to retain the
property if before the end of the relevant period a custody officer gives
written notice to P that P is not to be prosecuted for the offence under
section 60C in relation to which the property was seized.

30(And see subsection (10)).

(6)Subsection (7) applies where before the end of the relevant period
proceedings for an offence under section 60C are commenced against P.

(7)Where this subsection applies the relevant chief officer of police may
retain the property seized until the conclusion of proceedings relating
35to the offence (including any appeal) (but see subsection (10)).

(8)Where a chief officer of police ceases to be entitled to retain property
under this section the chief officer must, subject to any order for
forfeiture under section 60E, return it to the person whom the chief
officer believes to be its owner.

(9)40If a chief officer of police cannot after reasonable inquiry identify a
person for the purposes of subsection (8)—

(a)the chief officer must apply to a magistrates’ court for
directions, and

(b)the court must make an order about the treatment of the
45property.

(10)If at any time a person other than P satisfies a chief officer of police that
property that is retained by the chief officer under this section—

(a)belongs to the person at that time, and

(b)belonged to them at the time of the suspected offence under
5section 60C,

the chief officer must return the property to the person.

(11)Subsection (10) does not apply in relation to a vehicle belonging to a
person other than P if the chief officer of police reasonably believes that
the vehicle was, with the consent of the other person, in P’s possession
10or under P’s control at the time of the suspected offence under section
60C.

(12)For the purposes of subsection (6), proceedings are commenced
when—

(a)a written charge is issued under section 29(1) of the Criminal
15Justice Act 2003,

(b)a person is charged under Part 4 of the Police and Criminal
Evidence Act 1984, or

(c)an information is laid under section 1 of the Magistrates’ Courts
Act 1980.

(13)20For the purposes of this section—

(a)the relevant chief officer of police is the chief officer of the police
force for the area in which the property was seized, and

(b)“vehicle” has the same meaning as in section 60C.

60E Offence under section 60C: forfeiture

(1)25A court that convicts a person of an offence under section 60C may
order any property to which subsection (2) applies to be forfeited and
dealt with in a manner specified in the order.

(2)This subsection applies to any property that—

(a)was seized under section 60D(1), and

(b)30is retained by a chief officer of police under that section.

(3)Before making an order for the forfeiture of property the court must—

(a)permit anyone who claims to be its owner or to have an interest
in it to make representations, and

(b)consider its value and the likely consequences of forfeiture.”

(2)35In the heading to Part 5 of the Criminal Justice and Public Order Act 1994, after
“Order:” insert “Unauthorised encampments and ”.

64 Amendments to existing powers

(1)The Criminal Justice and Public Order Act 1994 is amended as follows.

(2)Section 61 (power to remove trespassers on land) is amended in accordance
40with subsections (3) to (7).

(3)In subsection (1)—

(a)in paragraph (a), after “persons” insert “—

(i)in the case of persons trespassing on land in
England and Wales, has caused damage,
disruption or distress (see subsection (10));

(ii)5in the case of persons trespassing on land in
Scotland,”, and

(b)at the beginning of paragraph (b) insert “in either case,”.

(4)In subsection (4)(b) for “period of three months beginning with the day on
which the direction was given” substitute “prohibited period”.

(5)10After subsection (4) insert—

“(4ZA)The prohibited period is—

(a)in the case of a person trespassing on land in England and
Wales, the period of twelve months beginning with the day on
which the direction was given;

(b)15in the case of a person trespassing on land in Scotland, the
period of three months beginning with the day on which the
direction was given.”

(6)In subsection (9), in the definition of “land”, in paragraph (b)—

(a)in the words before sub-paragraph (i), after “land” insert “in Scotland”,
20and

(b)omit sub-paragraph (i) (together with the final “or”).

(7)After subsection (9) insert—

“(10)For the purposes of subsection (1)(a)(i)—

• “damage” includes—

  (a)

  25damage to the land;

  (b)

  damage to any property on the land not belonging to the
  persons trespassing;

  (c)

  damage to the environment (including excessive noise,
  smells, litter or deposits of waste);

• 30“disruption” includes an interference with—

  (a)

  a person’s ability to access any services or facilities
  located on the land or otherwise make lawful use of the
  land, or

  (b)

  a supply of water, energy or fuel;

• 35“distress” means distress caused by—

  (a)

  the use of threatening, abusive or insulting words or
  behaviour, or disorderly behaviour, or

  (b)

  the display of any writing, sign, or other visible
  representation that is threatening, abusive or insulting.”

(8)40In section 62 (powers to seize property related to offence under section 61)—

(a)in subsection (1)(b) for “period of three months beginning with the day
on which the direction was given” substitute “prohibited period”, and

(b)after subsection (1) insert—

“(1A)The prohibited period is—

(a)in the case of a person trespassing on land in England
and Wales, the period of twelve months beginning with
the day on which the direction was given;

(a)in the case of a person trespassing on land in Scotland,
5the period of three months beginning with the day on
which the direction was given.”

(9)In section 62B(2) (failure to comply with direction under section 62A: offences)
for “3” substitute “twelve”.

(10)In section 62C(2) (failure to comply with direction under section 62A: seizure)
10for “3” substitute “twelve”.

(11)In section 68(5) (offence of aggravated trespass), for paragraph (a) substitute—

“(a)a highway unless it is a footpath, bridleway or byway open to
all traffic within the meaning of Part 3 of the Wildlife and
Countryside Act 1981, is a restricted byway within the meaning
15of Part 2 of the Countryside and Rights of Way Act 2000 or is a
cycle track under the Highways Act 1980 or the Cycle Tracks
Act 1984;

(aa)a road within the meaning of the Roads (Scotland) Act 1984
unless it falls within the definitions in section 151(2)(a)(ii) or (b)
20(footpaths and cycle tracks) of that Act or is a bridleway within
the meaning of section 47 of the Countryside (Scotland) Act
1967; or”.

(12)The amendments made by subsections (4), (5), (8), (9) and (10) do not apply in
relation to a direction given under section 61 or 62A of the Criminal Justice and
25Public Order Act 1994 before the coming into force of this section.

65 Guidance on exercise of police powers in respect of trespassers on land etc

After section 62E of the Criminal Justice and Public Order Act 1994 insert—

“62F Guidance

(1)The Secretary of State must issue guidance relating to the exercise of—

(a)30the functions of police officers in England and Wales, and

(b)the functions of constables in England and Wales,

under the provisions mentioned in subsection (2).

(2)Those provisions are—

(a)sections 60C to 62E, and

(b)35regulations under section 67 relating to vehicles seized under
section 62(1) or section 62C(3).

(3)Police officers in England and Wales and constables in England and
Wales must have regard to the guidance when exercising any of those
functions conferred on them.

(4)40The Secretary of State may from time to time revise the guidance.

(5)The Secretary of State must arrange for the guidance and any revised
guidance issued under this section to be published in such manner as
the Secretary of State considers appropriate.”

Part 5 Road traffic

Road traffic offences

66 Causing death by dangerous driving or careless driving when under the
5influence of drink or drugs: increased penalties

(1)Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts) is amended as follows.

(2)In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by
dangerous driving), in column (4) (punishment), for “14 years” substitute
10“Imprisonment for life”.

(3)In the entry relating to section 3A of the Road Traffic Act 1988 (causing death
by careless driving when under influence of drink or drugs), in column (4)
(punishment), for “14 years” substitute “Imprisonment for life”.

(4)A provision of this section does not apply in relation to offences committed
15before the provision comes into force.

67 Causing serious injury by careless, or inconsiderate, driving

(1)In the Road Traffic Act 1988, after section 2B (causing death by careless, or
inconsiderate, driving) insert—

“2C Causing serious injury by careless, or inconsiderate, driving

(1)20A person who causes serious injury to another person by driving a
mechanically propelled vehicle on a road or other public place without
due care and attention, or without reasonable consideration for other
persons using the road or place, is guilty of an offence.

(2)In this section “serious injury” means—

(a)25in England and Wales, physical harm which amounts to
grievous bodily harm for the purposes of the Offences against
the Person Act 1861, and

(b)in Scotland, severe physical injury.”

(2)In section 3ZA of that Act (meaning of careless, or inconsiderate, driving), in
30subsection (1), after “sections 2B” insert “, 2C”.

(3)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and
punishment of offences: offences under the Traffic Acts), after the entry
relating to section 2B of the Road Traffic Act 1988 insert—

(4)In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988
relating to an offence under section 2C of the Road Traffic Act 1988 (causing
15serious injury by careless, or inconsiderate, driving), in relation to an offence
committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020
comes into force, the reference in column (4) (punishment) to 12 months on
summary conviction in England and Wales is to be read as a reference to 6
months.

68 20Road traffic offences: minor and consequential amendments

Schedule 7 contains amendments relating to sections 66 and 67.

Courses offered as an alternative to prosecution

69 Courses offered as alternative to prosecution: fees etc

(1)After section 90F of the Road Traffic Offenders Act 1988 insert—

25“Part 3B Courses offered as alternative to prosecution

90G Power to charge fees: England and Wales

(1)A policing body may charge a fee for enrolment on an approved course
offered as an alternative to prosecution in England and Wales for a
30specified fixed penalty offence.

(2)A fee may be set at a level that exceeds the cost of an approved course
and related administrative expenses, but any excess must be used for
the purpose of promoting road safety.

(3)The Secretary of State may by regulations make further provision
35about—

(a)how fees, or components of fees, are to be calculated;

(b)the level of fees or components of fees;

(c)the use of fee income.

(4)The regulations may include provision as to the amount, or maximum
40amount, of a fee or component of a fee.

(5)In this section—

• “approved course” means a course approved (whether before or
  after this section comes into force) by a body specified in
  regulations under subsection (6);

• 5“fixed penalty offence” means an offence that is a fixed penalty
  offence for the purposes of Part 3 (see section 51);

• “policing body” means—

  (a)

  a local policing body, or

  (b)

  the British Transport Police Authority;

• 10“promoting road safety” includes the prevention, detection or
  enforcement of offences relating to vehicles;

• “prosecution”, in relation to an offence, includes any alternative
  way of being dealt with for the offence (other than attending an
  approved course);

• 15“specified fixed penalty offence” means an offence specified under
  subsection (6).

(6)The Secretary of State may by regulations—

(a)specify fixed penalty offences for the purposes of this section;

(b)specify a body to approve courses for the purposes of this
20section.

(7)Nothing in this section limits any power to charge fees apart from this
section.

90H Power to prevent courses being offered for repeat offences: England
and Wales

(1)25The Secretary of State may by regulations prohibit a chief officer from
offering an approved course to a person as an alternative to prosecution
in England and Wales for a specified fixed penalty offence where—

(a)there is a course fee, and

(b)the person has, within a period specified in the regulations,
30satisfactorily completed a similar approved course in respect of
an earlier specified fixed penalty offence.

(2)The regulations must include provision for the purpose of identifying
what counts as a “similar” course; and that provision may, in particular,
confer power on a person to determine what courses count as similar.

(3)35In this section “chief officer” means—

(a)a chief officer of police of a police force in England and Wales, or

(b)the Chief Constable of the British Transport Police Force.

(4)In this section the following terms have the meaning given by section
90G(5)—

• 40“approved course”;

• “prosecution”;

• “specified fixed penalty offence”.

90I Further provision about regulations under this Part

(1)A power to make regulations under this Part is exercisable by statutory
45instrument.

(2)A statutory instrument containing regulations made by the Secretary of
State under this Part is subject to annulment in pursuance of a
resolution of either House of Parliament.

(3)Regulations under this Part may include—

(a)5incidental or supplementary provision;

(b)different provision for different purposes.”

(2)After Article 91F of the Road Traffic Offenders (Northern Ireland) Order 1996
(S.I. 1996/1320 (N.I. 10)) insert—

“Part 4B 10Courses offered as alternative to prosecution

91G Power to charge fees

(1)The Chief Constable may charge a fee for enrolment on an approved
course offered as an alternative to prosecution for a specified fixed
penalty offence.

(2)15A fee may be set at a level that exceeds the cost of an approved course
and related administrative expenses, but any excess must be used for
the purpose of promoting road safety.

(3)The power in paragraph (1) may be exercised only with the approval in
writing of the Policing Board.

20Such approval may be given—

(a)generally or specifically, and

(b)subject to conditions.

(4)The Department of Justice may by regulations make further provision
about—

(a)25how fees, or components of fees, are to be calculated;

(b)the level of fees or components of fees;

(c)the use of fee income.

(5)The regulations may include provision as to the amount, or maximum
amount, of a fee or component of a fee.

(6)30In this Article—

• “approved course” means a course approved (whether before or
  after this Article comes into operation) by a body specified in
  regulations under paragraph (7);

• “fixed penalty offence” means an offence that is a fixed penalty
  35offence for the purposes of Part 4 (see Article 57);

• “promoting road safety” includes the prevention, detection or
  enforcement of offences relating to vehicles;

• “prosecution”, in relation to an offence, includes any alternative
  way of being dealt with for the offence (other than attending an
  40approved course);

• “specified fixed penalty offence” means an offence specified under
  paragraph (7).

(7)The Department of Justice may by regulations—

(a)specify fixed penalty offences for the purposes of this Article;

(b)specify a body to approve courses for the purposes of this
Article.

(8)Nothing in this Article limits any power to charge fees apart from this
Article.

91H 5Power to prevent courses being offered for repeat offences

(1)The Department of Justice may by regulations prohibit the Chief
Constable from offering an approved course to a person as an
alternative to prosecution for a specified fixed penalty offence where—

(a)there is a course fee, and

(b)10the person has, within a period specified in the regulations,
satisfactorily completed a similar approved course in respect of
an earlier specified fixed penalty offence.

(2)The regulations must include provision for the purpose of identifying
what counts as a “similar” course; and that provision may, in particular,
15confer power on a person to determine what courses count as similar.

(3)In this Article the following terms have the meaning given by
Article 91G(6)—

• “approved course”;

• “prosecution”;

• 20“specified fixed penalty offence”.

91I Further provision about regulations under this Part

(1)Regulations under this Part are subject to negative resolution.

(2)Regulations under Article 91G(4) may be made only with the consent
of the Department of Finance.

(3)25Regulations under this Part may include such incidental or
supplementary provision as appears to the Department of Justice to be
necessary or expedient.”

(3)The Secretary of State may by regulations amend Part 3B of the Road Traffic
Offenders Act 1988 for the purpose of making provision corresponding or
30similar to section 90G or 90H of that Act in relation to courses offered as an
alternative to prosecution in Scotland for a fixed penalty offence.

(4)In subsection (3) “fixed penalty offence” means an offence that is a fixed
penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act
1988 (see section 51 of that Act).

(5)35The Secretary of State must consult the Lord Advocate before making
regulations under subsection (3).

(6)The power to make regulations under subsection (3) is exercisable by statutory
instrument.

(7)A statutory instrument containing regulations under subsection (3) may not be
40made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.