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

Part 1 continued    

(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)In the case of a person within paragraph (i) of subsection (1C), the
5reference 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)after “(1)” insert “, (1B)”, and

(b)10after “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 Meaning of careless driving: constables etc

(1)Section 3ZA of the Road Traffic Act 1988 (meaning of careless driving) is
15amended 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)Subsection (2B) applies where a designated person—

(a)20is 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
25would be expected of a competent and careful constable who has
undertaken the same prescribed training.

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

(a)a constable,

(b)a member of staff appointed by the chief officer of police of a
30police force in England and Wales,

(c)a member of staff appointed by a local policing body and
employed 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
352012 (asp 8),

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

(f)a person employed or engaged by—

(i)40a chief officer of police,

(ii)the British Transport Police Authority,

(iii)the 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)a person employed or engaged by a person within paragraph
(f)(i) to (v) to train another person to carry out training of the
5kind 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
enforcement purposes, or

(ii)10to 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
within 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
15of 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
reference to driving for law enforcement purposes.

(2F)In the case of a person within paragraph (i) of subsection (2C), the
20reference 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)In subsection (3)—

(a)after “(2)” insert “or (2B)”, and

(b)25after “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.

7 Regulations relating to sections 5 and 6

In section 195 of the Road Traffic Act 1988 (provisions as to regulations), after
30subsection (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 Prevention, investigation and prosecution of crime

Chapter 1 Functions relating to serious violence

5Functions relating to serious violence

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

(1)The 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
10subsection (1) includes a duty to plan together to exercise their functions so as
to prevent and reduce serious violence in the area.

(3)In 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
15to do so, and

(c)prepare 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 local government area, the
specified authorities for the area must ensure that the following are
20consulted—

(a)each educational authority for the area;

(b)each 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
25to be carried out by—

(a)an educational authority for the area,

(b)a prison authority for the area, or

(c)a youth custody authority for the area.

See section 15 for further provision about the duties of such authorities in
30relation to such actions.

(6)In preparing a strategy under this section for a local government area, the
specified 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
35Secretary of State under section 5(3) of the Crime and Disorder Act
1998;

(b)in 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)40Once a strategy has been prepared under this section for a local government
area, the specified authorities for the area must—

(a)publish the strategy,

(b)keep the strategy under review, and

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

(8)A strategy under this section must not include any material that the specified
authorities consider—

(a)5might jeopardise the safety of any person,

(b)might prejudice the prevention or detection of crime or the
investigation or prosecution of an offence, or

(c)might compromise the security of, or good order or discipline within,
an institution of a kind mentioned in the first column of a table in
10Schedule 2.

(9)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 9.

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

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

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

(13)20For provisions about the interpretation of this section, see—

(a)section 11 and Schedule 1 (specified authorities and local government
areas);

(b)section 12 and Schedule 2 (educational, prison and youth custody
authorities);

(c)25section 13 (preventing and reducing serious violence).

9 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.

(5)A strategy under this section 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 15 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 (4) of that section).

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

(a)must publish the strategy,

(b)may keep the strategy under review, and

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

(9)A strategy under this section must not include any material that the specified
35authorities consider—

(a)might jeopardise the safety of any person,

(b)might prejudice the prevention or detection of crime or the
investigation or prosecution of an offence, or

(c)might compromise the security of, or good order or discipline within,
40an institution of a kind mentioned in the first column of a table in
Schedule 2.

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

(11)45References in subsections (4) to (10) to a strategy under this section include a
revised strategy.

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

(13)In this Chapter “relevant area”, in relation to a specified authority, educational
authority, 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
5authority, educational authority, prison authority or youth custody
authority, and

(b)all 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
10or areas).

(14)For further provisions about the interpretation of this section, see—

(a)section 11 and Schedule 1 (specified authorities and local government
areas);

(b)section 12 and Schedule 2 (educational, prison and youth custody
15authorities);

(c)section 13 (preventing and reducing serious violence).

10 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
20person 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)25by 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)30Those persons are—

(a)a specified authority;

(b)a local policing body;

(c)an educational authority;

(d)a prison authority;

(e)35a 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)40any 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)45would 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)Regulations under subsection (2) must not authorise—

(a)the disclosure of patient information, or

(b)5the disclosure of personal information by a specified authority which is
a health or social care authority.

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

(8)In this section, “prescribed” means prescribed, or of a description prescribed,
10in regulations under this section.

(9)Regulations under this section may, in particular, prescribe persons by
reference to the fact that they have been invited under section 8(6) or 9(6) to
participate in the preparation of a strategy under section 8 or 9.

(10)In this Chapter—

• 15“the data protection legislation” has the same meaning as in the Data
  Protection Act 2018 (see section 3 of that Act);

• “health or social care authority” means a specified authority which is
  listed in the first column of the table headed “Health and social care” in
  Schedule 1;

• 20“patient information” means personal information (however recorded)
  which relates to—

  (a)

  the physical or mental health or condition of an individual,

  (b)

  the diagnosis of an individual’s condition, or

  (c)

  an individual’s care or treatment,

  25or is (to any extent) derived directly or indirectly from information
  relating to any of those matters;

• “personal information” means information which is in a form that
  identifies any individual or enables any individual to be identified
  (either by itself or in combination with other information).

11 30Specified authorities and local government areas

(1)In this Chapter “specified authority” means a person listed in the first column
of 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)35References in this Chapter to the authority’s functions are to those functions or
its functions when acting in that capacity.

(4)In 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)40in relation to Wales, a county or county borough.

(5)For the purposes of this Chapter the Inner Temple and the Middle Temple
form 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)The Secretary of State may by regulations amend Schedule 1 by adding,
modifying or removing a reference to a specified authority or a local
5government area.

12 Educational, prison and youth custody authorities

(1)In this Chapter—

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

• 10“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
  third table in Schedule 2.

(2)For the purposes of this Chapter an educational authority, prison authority or
15a 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)The Secretary of State may by regulations amend Schedule 2 by adding,
modifying or removing an entry in a table in that Schedule.

13 20Preventing and reducing serious violence

(1)In this Chapter—

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

(b)references to reducing serious violence in an area are to reducing
25instances 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, in particular—

(i)30domestic abuse within the meaning of the Domestic Abuse Act
2021 (see section 1 of that Act),

(ii)sexual offences,

(iii)violence against property, and

(iv)threats of violence;

(b)35does not include terrorism (within the meaning of the Terrorism Act
2000 (see section 1(1) to (4) of that Act)).

(4)In subsection (3)(a)(ii), “sexual offence” means an offence under the law of
England and Wales which is for the time being specified in Schedule 3 to the
Sexual Offences Act 2003, other than the offence specified in paragraph 14 of
40that Schedule (fraudulent evasion of excise duty).

(5)In determining for the purposes of subsection (4) whether an offence is
specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that
Schedule referring to the circumstances of a particular case (including the
sentence imposed) is to be disregarded.

(6)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)the maximum penalty which could be imposed for the offence (if any)
5involved 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.

Exercise of functions

14 10Involvement 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 8 in
relation to a local government area which coincides with or falls within
15the police area, or

(b)the authority’s functions under or in accordance with section 9 in
relation to a relevant area which, or any part of which, coincides with
or falls within the police area.

(2)A local policing body for a police area may—

(a)20monitor the exercise by specified authorities of their functions under or
in accordance with section 8 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
in accordance with section 9 in relation to a relevant area which, or any
25part 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
on a local policing body for a police area for the purposes of subsection (1).

(5)30Provision 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
functions under or in accordance with section 8 or 9,

(c)35for 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
40under subsection (4), in relation to the exercise by a specified authority of its
functions under or in accordance with section 8 or 9, the authority must co-
operate with the body.

(7)References in this Chapter (however expressed) to a specified authority
exercising functions in accordance with section 8 or 9 are to the authority

exercising functions conferred on it apart from this Chapter in accordance with
the section in question.

15 Involvement of educational, prison and youth custody authorities

(1)An educational, prison or youth custody authority (a “relevant authority”) for
5a 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
area.

(3)10A 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
section 8(5) or 9(5) as actions to be carried out by the authority.

(5)15A 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
purposes if requested by that other relevant authority to do so.

(6)20A 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
authority, and

(b)25all 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
that compliance with the duty—

(a)30would 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)would be disproportionate to the need to prevent and reduce serious
35violence 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
40authority 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
(3)(a) or (b) of section 8 of identifying the kinds or causes of serious
violence in an area or its function of preparing a strategy under
45subsection (3)(c) of that section, or