Police, Crime, Sentencing and Courts Bill (HL Bill 95)

Part 4 continued    

(9)If 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)5the court must make an order about the treatment of the
property.

(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)10belonged to them at the time of the suspected offence under
section 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
15the vehicle was, with the consent of the other person, in P’s possession
or 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)20a written charge is issued under section 29(1) of the Criminal
Justice 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
25Act 1980.

(13)For 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 30Offence under section 60C: forfeiture

(1)A 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)35was seized under section 60D(1), and

(b)is 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)40consider its value and the likely consequences of forfeiture.”

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

83 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
with subsections (3) to (7).

(3)In subsection (1)—

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

(i)5in the case of persons trespassing on land in
England and Wales, has caused damage,
disruption or distress (see subsection (10));

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

(b)10at 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)After subsection (4) insert—

“(4ZA)The prohibited period is—

(a)15in 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)in the case of a person trespassing on land in Scotland, the
period of three months beginning with the day on which the
20direction 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”,
and

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

(7)25After subsection (9) insert—

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

• “damage” includes—

  (a)

  damage to the land;

  (b)

  damage to any property on the land not belonging to the
  30persons trespassing;

  (c)

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

• “disruption” includes an interference with—

  (a)

  a person’s ability to access any services or facilities
  35located on the land or otherwise make lawful use of the
  land, or

  (b)

  a supply of water, energy or fuel;

• “distress” means distress caused by—

  (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.”

(8)In 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
45on 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
5the day on which the direction was given;

(a)in 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.”

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

(10)In section 62C(2) (failure to comply with direction under section 62A: seizure)
for “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
15all traffic within the meaning of Part 3 of the Wildlife and
Countryside Act 1981, is a restricted byway within the meaning
of 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)20a road within the meaning of the Roads (Scotland) Act 1984
unless it falls within the definitions in section 151(2)(a)(ii) or (b)
(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)25The 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
Public Order Act 1994 before the coming into force of this section.

84 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 30Guidance

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

(a)the 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)35Those provisions are—

(a)sections 60C to 62E, and

(b)regulations 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
40Wales must have regard to the guidance when exercising any of those
functions conferred on them.

(4)The 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.

(6)The Secretary of State must lay before Parliament a copy of any
5guidance or revised guidance published under subsection (5).”

Part 5 Road traffic

Road traffic offences

85 Causing death by dangerous driving or careless driving when under the
10influence 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
15“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)Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain
20offences) is amended as follows.

(5)In subsection (3), in the words after paragraph (d)—

(a)after “the offence” insert “(“the new offence”)”;

(b)for “three years” substitute “the period specified in subsection (3A)”.

(6)After subsection (3) insert—

“(3A)25The period is—

(a)six years, where—

(i)an offence of which the person was convicted within the
ten years mentioned in subsection (3) falls within
paragraph (aa) of that subsection, and

(ii)30the new offence also falls within that paragraph;

(b)in any other case (but subject to subsection (4ZA)), three years.”

(7)In subsection (4)—

(a)in the words before paragraph (a), after “(3) above” insert “and
subsection (4ZA) below”;

(b)35in paragraph (a)—

(i)omit sub-paragraph (ii) (and the “or” after it);

(ii)in sub-paragraph (iia), for “that Act” substitute “the Road
Traffic Act 1988”;

(iii)omit sub-paragraph (iii) (and the “or” before it, but not the
40“and” after it).

(8)After subsection (4) insert—

“(4ZA)Subsection (1) shall apply as if the reference to twelve months were a
reference to five years in relation to a person convicted of—

(a)an offence under section 1 of the Road Traffic Act 1988 (causing
5death by dangerous driving), or

(b)an offence under section 3A of that Act (causing death by
careless driving when under the influence of drink or drugs),

but this is subject to subsection (3) in cases within paragraph (a) of
subsection (3A).”

(9)10A provision of this section does not apply in relation to offences committed
before the provision comes into force.

86 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 15Causing serious injury by careless, or inconsiderate, driving

(1)A 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)20In this section “serious injury” means—

(a)in 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)25In section 3ZA of that Act (meaning of careless, or inconsiderate, driving), in
subsection (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
5relating to an offence under section 2C of the Road Traffic Act 1988 (causing
serious 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
10months.

87 Road traffic offences: minor and consequential amendments

Schedule 7 contains amendments relating to sections 85 and 86.

Courses offered as an alternative to prosecution

88 Courses offered as alternative to prosecution: fees etc

(1)15After section 90F of the Road Traffic Offenders Act 1988 insert—

“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
20offered as an alternative to prosecution in England and Wales for a
specified 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)25The Secretary of State may by regulations make further provision
about—

(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)30The regulations may include provision as to the amount, or maximum
amount, 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
  35regulations under subsection (6);

• “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)

  40the British Transport Police Authority;

• “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
  5approved course);

• “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)10specify a body to approve courses for the purposes of this
section.

(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
15and Wales

(1)The 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)20the 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,
25confer power on a person to determine what courses count as similar.

(3)In 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
3090G(5)—

• “approved course”;

• “prosecution”;

• “specified fixed penalty offence”.

90I Further provision about regulations under this Part

(1)35A power to make regulations under this Part is exercisable by statutory
instrument.

(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)40Regulations under this Part may include—

(a)incidental 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 Courses offered as alternative to prosecution

91G Power to charge fees

(1)5The 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)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
10the purpose of promoting road safety.

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

Such approval may be given—

(a)generally or specifically, and

(b)15subject to conditions.

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

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

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

(c)20the 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)In this Article—

• “approved course” means a course approved (whether before or
  25after 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
  offence for the purposes of Part 4 (see Article 57);

• “promoting road safety” includes the prevention, detection or
  30enforcement 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);

• “specified fixed penalty offence” means an offence specified under
  35paragraph (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)40Nothing in this Article limits any power to charge fees apart from this
Article.

91H Power 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)5there is a course fee, and

(b)the 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
10what counts as a “similar” course; and that provision may, in particular,
confer 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”;

• 15“prosecution”;

• “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
20of the Department of Finance.

(3)Regulations 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
25Offenders Act 1988 for the purpose of making provision corresponding or
similar 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
301988 (see section 51 of that Act).

(5)The 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)35A statutory instrument containing regulations under subsection (3) may not be
made unless a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.

Removal etc of abandoned vehicles

89 Charges for removal, storage and disposal of vehicles

(1)40Section 102 of the Road Traffic Regulation Act 1984 (charges for removal,
storage and disposal of vehicles), as it forms part of the law of England and
Wales, is amended as follows.

(2)In subsection (2), for the words before paragraph (a) substitute “In any such
case (but subject in the case of a local authority to subsection (2A))—”.

(3)For subsection (2A) substitute—

“(2A)In the case of a vehicle removed, on any ground mentioned in
5subsection (1), from an area that is a civil enforcement area for parking
contraventions—

(a)subsection (2) does not apply to the recovery of charges by a
local authority, but

(b)the enforcement authority is entitled to recover from any person
10responsible such charges in respect of the removal, storage and
disposal of the vehicle as they may require in accordance with
Schedule 9 to the Traffic Management Act 2004.”

Surrender of driving licences

90 Production of licence to the court

(1)15The Road Traffic Offenders Act 1988 is amended as follows.

(2)In section 7 (trial: duty of accused to provide licence to the court)—

(a)for subsection (1) substitute—

“(1)Where—

(a)a person who is the holder of a licence is prosecuted for
20an offence involving obligatory or discretionary
disqualification,

(b)there is a hearing, and

(c)the person attends the hearing,

the person must bring the licence to the hearing.”;

(b)25omit subsections (1A), (1B), (1C) and (2).

(3)In section 27 (sentence: production of licence to the court)—

(a)for subsection (1) substitute—

“(1)Where—

(a)a person who is the holder of a licence is convicted of an
30offence involving obligatory or discretionary
disqualification, and

(b)a court proposes to make, or makes, an order
disqualifying the person,

the court may require the licence to be produced to it.”;

(b)35in subsection (3)(b), at the beginning insert “unless the licence is already
treated as being revoked under section 37(1),”.

91 Surrender of licence to Secretary of State where disqualified

(1)After section 37 of the Road Traffic Offenders Act 1988 insert—

“37A Surrender of licence to Secretary of State where disqualified

(1)40This section applies where—

(a)a person who is the holder of a licence is disqualified by an
order of a court, and