Criminal Justice and Police Bill

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House of Commons

Session 2000-2001
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Other Bills before Parliament

Criminal Justice and Police Bill

This is the text of the Criminal Justice and Police Bill, as presented to the House of Commons on 18th January 2001.

EXPLANATORY NOTES
Explanatory Notes to the Bill, prepared by the Home Office, will be published separately as Bill 31- EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Mr Secretary Straw has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Criminal Justice and Police Bill are compatible with the Convention rights.

Criminal Justice and Police Bill

ARRANGEMENT OF CLAUSES

PART I

PROVISIONS FOR COMBATTING CRIME AND DISORDER

CHAPTER I

ON THE SPOT PENALTIES FOR DISORDERLY BEHAVIOUR

Offences to which this Chapter applies

Clause

1. Offences leading to penalties on the spot.

Penalty notices and penalties

2. Penalty notices.

3. Amount of penalty and form of penalty notice.

4. Effect of penalty notice.

5. General restriction on proceedings.

6. Secretary of State's guidance.

Right to ask for a trial

7. Notification of court and date of trial.

Constable's witness statement

8. Statements by constables.

Procedure

9. Payment of penalty.

10. Registration certificates.

11. Registration of sums payable in default.

12. Enforcement of fines.

Interpretation

13. Interpretation of Part I.

CHAPTER II

PROVISIONS FOR COMBATTING ALCOHOL-RELATED DISORDER

Alcohol consumption in designated public places

14. Alcohol consumption in designated public places.

15. Designated public places.

16. Places which are not designated public places.

17. Effect of sections 14 to 16 on byelaws.

18. Interpretation of sections 14 to 17.

Closure of certain licensed premises

19. Closure of certain licensed premises due to disorder or disturbance.

20. Amendments consequential on section 19.

Closure of unlicensed premises

21. Closure notices.

22. Applications for closure orders.

23. Closure orders.

24. Termination of closure orders by constable or local authority.

25. Discharge of closure orders by the court.

26. Appeals.

27. Enforcement of closure orders.

28. Offences by body corporate.

29. Service of notices.

30. Sections 21 to 29: interpretation.

Other provisions for combatting alcohol-related disorder

31. Confiscation of alcohol containers from young persons.

32. Sale of intoxicating liquor to a person under eighteen.

33. Enforcement of certain offences relating to under-age drinking.

34. Drunkenness or disorder on licensed premises.

CHAPTER III

OTHER PROVISIONS FOR COMBATTING CRIME AND DISORDER

Travel restrictions on drug trafficking offenders

35. Power to make travel restriction orders.

36. Meaning of "drug trafficking offence".

37. Revocation and suspension of a travel restriction order.

38. Offences of contravening orders.

39. Saving for powers to remove a person from the United Kingdom.

Intimidating, harming and threatening witnesses etc.

40. Intimidation of witnesses.

41. Harming witnesses etc.

42. Relevant proceedings.

Local child curfew schemes

43. Extension to older children.

44. Power for police to make schemes.

PART II

INFORMATION DISCLOSURE FOR THE PURPOSES OF CRIMINAL PROCEEDINGS ETC

45. Extension of existing disclosure powers.

46. Restriction on disclosure of information for overseas purposes.

47. Disclosure of information held by tax authorities.

48. Interpretation of Part II.

PART III

POWERS OF SEIZURE

Additional powers of seizure

49. Additional powers of seizure from premises.

50. Additional powers of seizure from the person.

51. Notice of exercise of power under section 49 or 50.

Return or retention of seized property

52. Examination and return of property seized under s. 49 or 50.

53. Obligation to return items subject to legal privilege.

54. Obligation to return excluded and special procedure material.

55. Property seized by constables etc.

56. Retention of seized items

57. Person to whom seized property is to be returned.

Remedies and safeguards

58. Application to the appropriate judicial authority.

59. Cases where duty to secure arises.

60. The duty to secure.

61. Use of inextricably linked property.

Construction of Part III

62. Copies.

63. Meaning of "appropriate judicial authority".

64. Meaning of "legal privilege".

65. General interpretation of Part III.

Supplemental provisions of Part III

66. Application to customs officers.

67. Application to Scotland.

68. Application to powers designated by order.

69. Consequential applications and amendments of enactments.

PART IV

POLICE AND CRIMINAL EVIDENCE AND THE TERRORISM ACT

Arrestable offences

70. Arrestable offences.

71. Importation of indecent or obscene material.

Detention and arrest

72. Use of video and telephone links for decisions about detention.

73. Authorisation for delay in notifying arrest.

74. Use of video links for proceedings about Terrorism Act detention.

Codes of practice

75. Visual recording of interviews.

76. Codes of practice.

Fingerprints and samples

77. Taking fingerprints.

78. Authority for intimate searches.

79. Samples.

80. Speculative searches.

81. Restriction on use and destruction of fingerprints and samples.

82. Provision for Northern Ireland corresponding to s. 81.

83. Amendment of Terrorism Act 2000 equivalent to s. 81.

Persons authorised by the Secretary of State

84. Power to apply 1984 Act provisions.

Execution of process in other domestic jurisdictions

85. Process for obtaining excluded and special procedure material.

PART V

POLICE TRAINING

The Central Police Training and Development Authority

86. Establishment of the Authority.

87. Functions of the Authority.

88. Setting of objectives by the Secretary of State.

89. The Authority's annual objectives.

90. Setting of performance targets.

91. Training and development plans.

92. Inspections of the Authority.

93. Power to require reports from the Authority.

94. Annual reports.

95. Secretary of State's duty to promote efficiency etc of Authority.

Other provisions about training

96. Regulations for police forces.

97. Directions after inspection identifies training needs.

98. Joint provision of training.

Supplemental provisions in relation to police training

99. Orders and regulations under Part V.

100. Interpretation of Part V.

101. Consequential amendments relating to police training.

102. Transitional arrangements relating to Authority's establishment etc.

PART VI

POLICE ORGANISATION

Police authorities etc.

103. Vice-chairmen.

104. Removal of age qualification for membership.

105. Payment of allowances to authority members etc.

Constitution of the Service Authorities for NCIS and NCS

106. Number and appointment of members.

107. Transitional provision relating to section 106 etc.

Financial provisions for NCIS Service Authority

108. Preparation of budget statement by NCIS Service Authority.

109. Funding of NCIS Service Authority.

110. Duty of NCIS Service Authority to prepare accounts.

Financial provisions for NCS Service Authority

111. Preparation of budget statement by NCS Service Authority.

112. Funding of NCS Service Authority.

113. Duty of NCS Service Authority to prepare accounts.

Director General and other members of NCIS

114. Appointment of NCIS Director General.

115. Removal of NCIS members (other than the Director General).

116. Removal of NCIS Director General, etc.

Director General and other members of NCS

117. Appointment of NCS Director General.

118. Removal of NCS members (other than the Director General).

119. Removal of NCS Director General etc.

Police ranks

120. Deputy Assistant Commissioners of Police of the Metropolis.

121. Appointment and removal of deputy chief constables.

122. Power of deputy to exercise functions of chief constable.

123. Chief superintendents.

Police conduct

124. Inferences in police conduct proceedings.

Police pensions etc.

125. Pensions for members of NCIS and NCS.

126. Pensions for ACPO staff.

Minor and consequential amendments

127. Amendments relating to NCIS and NCS.

PART VII

MISCELLANEOUS AND SUPPLEMENTAL

Bail

128. Requirement to give reasons for granting or continuing bail.

Supplemental

129. Ministerial expenditure etc.

130. General interpretation.

131. Repeals.

132. Short title, commencement and extent.

SCHEDULES:

    Schedule 1 - Extension of existing disclosure powers.

    Part I - Enactments to which section 45 applies.

    Part II - Northern Ireland Legislation to which section 45 applies.

    Schedule 2 - Powers of seizure.

    Part I - Powers to which section 49 applies.

    Part II - Powers to which section 50 applies.

    Part III - Powers to which section 54 applies.

    Schedule 3 - Applications and minor and consequential amendments.

    Part I - Application of enactments.

    Part II - Minor and consequential amendments.

    Schedule 4 - The Central Police Training and Development Authority.

    Schedule 5 - Consequential amendments relating to police training.

    Schedule 6 - The Service Authorities for NCIS and NCS.

    Part I - Core Members.

    Part II - Other members of NCIS Service Authority.

    Part III - Other members of NCS Service Authority.

    Part IV - General.

    Schedule 7 - Minor and consequential amendments relating to NCIS and NCS.

    Part I - The 1997 Act.

    Part II - Local Government Enactments Relating to NCS Service Authority.

    Part III - Miscellaneous Other Enactments.

    Schedule 8 - Repeals and revocations.

    Part I - Provisions for combatting alcohol-related disorder.

    Part II - Fingerprints and samples.

    Part III - Police Training.

    Part IV - Police Organisation.

    Part V - NCIS and NCS.

    Part VI - Miscellaneous.

© Parliamentary copyright 2001
Prepared 19 January 2001