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32 Powers of community support officers | |
(1) Part 1 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of community | |
support officers) is amended as follows. | |
(2) In paragraph 2 (power to detain etc) after sub-paragraph (6)(a) insert— | |
“(aa) an offence under section 31(2) of the Anti-social Behaviour | 5 |
Act 2003; or”. | |
(3) After paragraph 4 insert— | |
“Power to disperse groups and remove young persons to their place of residence | |
4A Where a designation applies this paragraph to any person, that | |
person shall, within the relevant police area, have the powers which, | 10 |
by virtue of an authorisation under section 29 of the Anti-social | |
Behaviour Act 2003, are conferred on a constable in uniform by | |
section 29(3) to (6) of that Act (power to disperse groups and remove | |
persons under 16 to their place of residence). | |
4B (1) Where a designation applies this paragraph to any person, that | 15 |
person shall, within the relevant police area, have the power of a | |
constable under section 15(3) of the Crime and Disorder Act 1998 | |
(c. 37) (power to remove child to their place of residence). | |
(2) Section 15(1) of that Act shall have effect in relation to the exercise of | |
that power by that person as if the reference to a constable in that | 20 |
section were a reference to that person. | |
(3) Where that person exercises that power, the duty in section 15(2) of | |
that Act (duty to inform local authority of contravention of curfew | |
notice) is to apply to him as it applies to a constable.” | |
33 Code of practice | 25 |
(1) The Secretary of State may issue a code of practice about— | |
(a) the giving or withdrawal of authorisations under section 29, and | |
(b) the exercise of the powers conferred by section 29(3) to (6). | |
(2) The Secretary of State may from time to time revise the whole or any part of a | |
code of practice issued under this section. | 30 |
(3) The Secretary of State must lay any code of practice issued by him under this | |
section, and any revisions of such a code, before Parliament. | |
(4) In giving or withdrawing an authorisation under section 29, a relevant officer | |
must have regard to any code of practice for the time being in force under this | |
section. | 35 |
(5) In exercising the powers conferred by section 29(3) to (6), a constable in | |
uniform or community support officer must have regard to any code of | |
practice for the time being in force under this section. | |
(6) A code of practice under this section may make different provision for different | |
cases. | 40 |
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34 Authorisations by British Transport Police | |
(1) For the purposes of the giving of an authorisation under section 29 by a | |
relevant officer who is an officer of the British Transport Police Force, section | |
29(1) is to have effect as if for “in his police area” there were substituted “which | |
forms part of property in relation to which he has all the powers and privileges | 5 |
of a constable by virtue of section 29(1)(a) to (f) of the Railways and Transport | |
Safety Act 2003”. | |
(2) Where such an authorisation is given by such an officer, section 30(6)(b) is to | |
have effect as if for “whose police area includes the relevant locality” there | |
were substituted “who is an officer of the British Transport Police Force”. | 10 |
35 Interpretation | |
In this Part— | |
“local authority” means— | |
(a) in relation to England, a district council, a county council that is | |
the council for a county in which there are no district councils, | 15 |
a London borough council, the Common Council of the City of | |
London or the Council of the Isles of Scilly, | |
(b) in relation to Wales, a county council or a county borough | |
council, | |
“public place” means— | 20 |
(a) any highway, and | |
(b) any place to which at the material time the public or any section | |
of the public has access, on payment or otherwise, as of right or | |
by virtue of express or implied permission, | |
“relevant locality” has the same meaning as in section 29, | 25 |
“relevant officer” means a police officer of or above the rank of | |
superintendent. | |
Part 5 | |
Sanctions etc. | |
36 Anti-social behaviour orders | 30 |
(1) The Crime and Disorder Act 1998 (c. 37) is amended as follows. | |
(2) In section 1(1A) (authorities who may apply for anti-social behaviour orders)— | |
(a) after paragraph (c) “or” is omitted; | |
(b) after paragraph (d) there is inserted “or | |
(e) a housing action trust established by order in pursuance | 35 |
of section 62 of the Housing Act 1988.” | |
(3) In section 1(1B) (persons requiring protection from anti-social acts) in | |
paragraph (d) after “paragraph (d)” there is inserted “or (e)”. | |
(4) In section 1 after subsection (10) (penalty for breach of anti-social behaviour | |
order) there are inserted the following subsections— | 40 |
“(10A) The following may bring proceedings for an offence under subsection | |
(10)— | |
(a) a council which is a relevant authority; | |
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(b) the council for the local government area in which a person in | |
respect of whom an anti-social behaviour order has been made | |
resides or appears to reside. | |
(10B) If proceedings for an offence under subsection (10) are brought in a | |
youth court section 47(2) of the Children and Young Persons Act 1933 | 5 |
(c. 12) has effect as if the persons entitled to be present at a sitting for | |
the purposes of those proceedings include one person authorised to be | |
present by a relevant authority.” | |
(5) In section 1B (anti-social behaviour orders in county court proceedings) after | |
subsection (3) there are inserted the following subsections— | 10 |
“(3A) Subsection (3B) applies if a relevant authority is a party to the principal | |
proceedings and considers— | |
(a) that a person who is not a party to the proceedings has acted in | |
an anti-social manner, and | |
(b) that the person’s anti-social acts are material in relation to the | 15 |
principal proceedings. | |
(3B) The relevant authority may— | |
(a) make an application for the person mentioned in subsection | |
(3A)(a) to be joined to the principal proceedings to enable an | |
order under subsection (4) to be made in relation to that person; | 20 |
(b) if that person is so joined, apply for an order under subsection | |
(4). | |
(3C) But a person must not be joined to proceedings in pursuance of | |
subsection (3B) unless his anti-social acts are material in relation to the | |
principal proceedings.” | 25 |
(6) In section 1B(5) for “party to the principal proceedings” there is substituted | |
“person”. | |
(7) In section 9 (which makes supplemental provision about parenting orders) | |
after subsection (1A) there is inserted the following subsection— | |
“(1B) If an anti-social behaviour order is made in respect of a person under | 30 |
the age of 16 the court which makes the order— | |
(a) must make a parenting order if it is satisfied that the relevant | |
condition is fulfilled; | |
(b) if it is not so satisfied, must state in open court that it is not and | |
why it is not.” | 35 |
37 Certain orders made on conviction of offences | |
(1) In section 1C of the Crime and Disorder Act 1998 (c. 37) (orders on conviction | |
of an offence to prevent anti-social acts) in subsection (3) for the words from | |
“whether or not” to the end there is substituted “— | |
(a) if the prosecutor asks it to do so, or | 40 |
(b) if the court thinks it is appropriate to do so.” | |
(2) After subsection (3) of that section there are inserted the following | |
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subsections— | |
“(3A) For the purpose of deciding whether to make an order under this | |
section the court may consider evidence led by the prosecution and the | |
defence. | |
(3B) It is immaterial whether evidence led in pursuance of subsection (3A) | 5 |
would have been admissible in the proceedings in which the offender | |
was convicted.” | |
(3) After subsection (9) of that section there are inserted the following | |
subsections— | |
“(9A) The council for the local government area in which a person in respect | 10 |
of whom an anti-social behaviour order has been made resides or | |
appears to reside may bring proceedings under section 1(10) (as | |
applied by subsection (9) above) for breach of an order under | |
subsection (2) above. | |
(9B) Subsection (9C) applies in relation to proceedings in which an order | 15 |
under subsection (2) is made against a child or young person who is | |
convicted of an offence. | |
(9C) In so far as the proceedings relate to the making of the order— | |
(a) section 49 of the Children and Young Persons Act 1933 (c. 12) | |
(restrictions on reports of proceedings in which children and | 20 |
young persons are concerned) does not apply in respect of the | |
child or young person against whom the order is made; | |
(b) section 39 of that Act (power to prohibit publication of certain | |
matter) does so apply.” | |
(4) In subsection (10) of that section before the entry relating to “the | 25 |
commencement date” there is inserted— | |
““child” and “young person” have the same meaning as in the Children | |
and Young Persons Act 1933;”. | |
(5) In section 14A of the Football Spectators Act 1989 (c. 37) after subsection (3) | |
there are inserted the following subsections— | 30 |
“(3A) For the purpose of deciding whether to make an order under this | |
section the court may consider evidence led by the prosecution and the | |
defence. | |
(3B) It is immaterial whether evidence led in pursuance of subsection (3A) | |
would have been admissible in the proceedings in which the offender | 35 |
was convicted.” | |
(6) In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of the | |
Director of Public Prosecutions) after paragraph (f) the word “and” is omitted | |
and there is inserted the following paragraph— | |
“(fa) to have the conduct of applications for orders under section 1C | 40 |
of the Crime and Disorder Act 1998 (orders made on conviction | |
of certain offences) and section 14A of the Football Spectators | |
Act 1989 (banning orders made on conviction of certain | |
offences);”. | |
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