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Draft Community Prosecution Lawyers Bill


Draft Community Prosecution Lawyers Bill
Part 3 — General

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 32    Commencement and transitional provisions

     (1)    This Act (except the provisions listed in subsection (2), which come into force

on the passing of this Act) shall come into force on such day as the Attorney

General may by order appoint.

     (2)    Those provisions are sections 29 and 33 and this section.

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     (3)    A Minister of the Crown may by order make such transitional provision as he

considers appropriate in connection with the coming into force of any

provision of this Act.

     (4)    An order under this section may modify any Act or subordinate legislation.

     (5)    Every power of a Minister of the Crown to make an order under this section

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includes power—

           (a)           to make different provision for different cases (including different

provision in respect of different parliamentary constituencies);

           (b)           to make provision subject to such exemptions and exceptions as the

Minister thinks fit; and

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           (c)           to make such incidental, supplemental and consequential provision as

the Minister thinks fit.

 33    Short title and extent

     (1)    This Act may be cited as the Community Prosecution Lawyers Act 2003.

     (2)    This Act extends to England and Wales only.

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Draft Community Prosecution Lawyers Bill
Schedule 1 — Operations of the Office of Community Prosecution Lawyer

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Schedules

Schedule 1

Section 1

 

Operations of the Office of Community Prosecution Lawyer

Remuneration, etc. of Community Prosecution Lawyers and their staff

  1       (1)      The Attorney General shall

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              (a)             pay to Community Prosecution Lawyers such remuneration and

allowances, and

              (b)             pay such pension to or in respect of Community Prosecution Lawyers or

make such payments towards the provision of such pension

                   as the Attorney General may determine.

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          (2)      A Community Prosecution Lawyer may pay to his staff such remuneration and

allowances as he may, with the approval of the Attorney General, determine.

          (3)      A Community Prosecution Lawyer may

              (a)             pay such pension to or in respect of his staff;

              (b)             make such payments towards the provision of such pensions; or

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              (c)             provide and maintain such schemes (whether contributory or not) for the

payment of such pensions

           as he may, with the approval of the Attorney General, determine.

          (4)      Any reference in sub-paragraphs (1) or (3) to the payment of pensions to or in

respect of Community Prosecution Lawyers or their staff includes a reference to the

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payment of pensions by way of compensation to or in respect of any Community

Prosecution Lawyers or their staff who suffer loss of office or employment or loss or

diminution of emoluments.

Land and premises

  2       (1)      A Community Prosecution Lawyer, for the purpose of providing himself

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and his staff with office or other accommodation in connection with the

exercise of any of his functions, may, with the approval of the Attorney

General, acquire land, erect and maintain buildings or other structures

thereon, and, when the land is no longer required for such purpose, dispose

of it.

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          (2)      Any land occupied by a Community Prosecution Lawyer shall, for the

purpose of any rate on property, be treated as if it were property occupied

by or on behalf of the Crown for public purposes.

          (3)      The Attorney General may by regulations prescribe arrangements for the

transfer of land or premises, or any part thereof, from the Crown

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Prosecution Service to Community Prosecution Lawyers.

 

 

Draft Community Prosecution Lawyers Bill
Schedule 1 — Operations of the Office of Community Prosecution Lawyer

    16

 

Staff of and Deputy to a Community Prosecution Lawyer

  3       (1)      A Community Prosecution Lawyer may appoint such staff as, with the approval of

the Attorney General as to numbers and other terms and conditions, he considers

necessary for the discharge of his functions.

          (2)      A Community Prosecution Lawyer may designate any member of his staff

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who has a general qualification (within the meaning of section 71 of the

Courts and Legal Services Act 1990 (c. 41) (qualification for judicial and

certain other appointments)) for the purposes of this sub-paragraph, and

any person so designated shall be known as an Assistant Community

Prosecution Lawyer.

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          (3)      A Community Prosecution Lawyer shall designate a person who has a

general qualification (within the meaning of section 71 of the Courts and

Legal Services Act 1990 (qualification for judicial and certain other

appointments)) for the purposes of this sub-paragraph, and any person so

designated shall be known as a Deputy Community Prosecution Lawyer.

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          (4)      A person may be designated in accordance with the provisions of sub-

paragraph (3) by more than one Community Prosecution Lawyer.

          (5)      Except as otherwise provided for under this Act, every Assistant

Community Prosecution Lawyer and every Deputy Community

Prosecution Lawyer may exercise all of the functions of the Community

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Prosecution Lawyer by whom that person has been so designated, but shall

exercise those functions under the direction of that Community Prosecution

Lawyer.

          (6)      For the purposes of this Act—

               “members of the legal staff of a Community Prosecution Lawyer”

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means persons designated by a Community Prosecution Lawyer in

accordance with the provisions of sub-paragraphs (2) and (3); and

               “staff of a Community Prosecution Lawyer” means—

                     (a)                    persons appointed in accordance with the provisions of sub-

paragraph (1); and

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                     (b)                    persons designated by a Community Prosecution Lawyer as

a Deputy Community Prosecution Lawyer, whether or not

that person is appointed in accordance with the provisions

of sub-paragraph (1).

Powers of non-legal staff

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  4       (1)      A Community Prosecution Lawyer may designate, for the purposes of this

paragraph, members of his staff who are not members of his legal staff.

          (2)      Subject to such exceptions (if any) as may be specified in the designation, a

person so designated shall have such functions as may be specified under

sub-paragraph (3) or (4).

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          (3)      The powers and rights of audience of a member of the legal staff of a

Community Prosecution Lawyer in relation to applications for, or relating

to, bail in criminal proceedings on an offence which is not triable on

indictment may be specified under this sub-paragraph.

          (4)      The powers and rights of audience of a member of the legal staff of a

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Community Prosecution Lawyer in relation to the conduct of criminal

 

 

Draft Community Prosecution Lawyers Bill
Schedule 1 — Operations of the Office of Community Prosecution Lawyer

    17

 

proceedings in magistrates’ courts other than trials may be specified under

this sub-paragraph.

          (5)      A person so designated shall exercise any such powers subject to

instructions given to him by the Community Prosecution Lawyer of whose

staff he is a member.

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          (6)      Any such instructions may be given so as to apply generally.

          (7)      For the purposes of this paragraph a trial begins with the opening of the

prosecution case after the entry of a plea of not guilty and ends with the

conviction or acquittal of the accused.

Period of exercise of functions by Community Prosecution Lawyer

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  5       (1)      Unless otherwise provided for under this Act, a Community Prosecution

Lawyer shall exercise his functions for the period specified in this

paragraph.

          (2)      The period specified in this paragraph begins on the day after the day on

which the record of a Community Prosecution Lawyer’s declaration of

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acceptance of office is delivered to the Director in accordance with the

provisions of section 19.

          (3)      The period specified in this paragraph ends on—

              (a)             the day before the campaign day, or

              (b)             any earlier day specified in accordance with the provisions of sub-

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paragraphs (4) to (8).

          (4)      In any case where a Community Prosecution Lawyer resigns his office in

accordance with the provisions of section 20, the period specified in this

paragraph ends on the effective date given in the notification of resignation.

          (5)      In any case where a Community Prosecution Lawyer is disqualified from

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office by the provisions of section 10 (as applied by section 22), the period

specified in this paragraph ends on the date of the removal of his name from

the Register.

          (6)      In any case where a Community Prosecution Lawyer is disqualified from

office by the provisions of section 12(1) (as applied by section 25), the period

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specified in this paragraph ends on the date of the passing on him of the

sentence.

          (7)      In any case where a Community Prosecution Lawyer is disqualified from

office by the provisions of section 12(2) (as applied by section 25), the period

specified in this paragraph ends on the date of his conviction.

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          (8)      In any other case where a declaration of vacancy has been published in

respect of the Community Prosecution Lawyer, the period specified in this

paragraph ends on the date specified in the relevant declaration under

section 26.

Exercise of functions by Deputy Community Prosecution Lawyer, etc.

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  6       (1)      A Deputy Community Prosecution Lawyer shall exercise the functions of

the Community Prosecution Lawyer by whom he was so designated at any

time outside the period specified in accordance with the provisions of

paragraph 5 of this Schedule.

 

 

Draft Community Prosecution Lawyers Bill
Schedule 2 — Anti-social behaviour offences

    18

 

          (2)      A Deputy Community Prosecution Lawyer may exercise the functions of the

Community Prosecution Lawyer by whom he was so designated at any time

when a Community Prosecution Lawyer is permitted to exercise his

functions in accordance with the provisions of paragraph 5 of this Schedule,

but is temporarily unable to do so by reason of illness, imprisonment or

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absence abroad or for any other reason.

          (3)      In any period where a Deputy Community Prosecution Lawyer is permitted

to exercise the functions of a Community Prosecution Lawyer in accordance

with the provisions of sub-paragraph (1) or (2), but is unable so to do for any

reason, the Director may designate a person as Acting Deputy Community

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Prosecution Lawyer.

          (4)      No person may be designated by the Director under sub-paragraph (3)

except—

              (a)             a Community Prosecution Lawyer elected for a parliamentary

constituency in the same area as the parliamentary constituency for

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which the Acting Deputy Community Prosecution Lawyer is to be

designated, or

              (b)             a person designated as a Deputy Community Prosecution Lawyer by

a Community Prosecution Lawyer in the same area as the

parliamentary constituency for which the Acting Deputy

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Community Prosecution Lawyer is to be designated.

          (5)      A designation under sub-paragraph (3) shall specify the period during

which a person is to exercise functions as a Deputy Community Prosecution

Lawyer.

Schedule 2

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Section 2

 

Anti-social behaviour offences

Initial anti-social behaviour offences

  1        The offences specified in the table shall be the initial anti-social behaviour

offences for the purposes of this Act.

 

Statutory provision

Offence

 

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Section 72 of the Highway Act 1835 (c. 50)

Riding on a footway committed by cycling.

 
 

Paragraph 10 of section 54 of the Metropolitan

Affixing posters, etc.

 
 

Police Act 1839 (c. 47)

  
 

Section 80 of the Explosives Act 1875 (c. 17)

Throwing fireworks in a thoroughfare.

 
 

Section 20(1) of the London County Council

Defacement of streets with slogans etc.

 

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(General Powers) Act 1954

  
 

Section 91 of the Criminal Justice Act 1967

Disorderly behaviour while drunk in a public

 
 

(c. 80)

place).

 
 

Section 19 of the Firearms Act 1968 (c. 27)

Carrying firearm or imitation firearm in a public

 
  

place.

 

40

 

 

Draft Community Prosecution Lawyers Bill
Schedule 2 — Anti-social behaviour offences

    19

 
 

Statutory provision

Offence

 
 

Section 1(1) of the Criminal Damage Act 1971

Damaging property, involving only the painting

 
 

(c. 48)

or writing on, or the soiling, marking or other

 
  

defacing of, any property by whatever means.

 
 

Section 131(2) of the Highways Act 1980 (c. 66)

Damaging highway, involving only an act of

 

5

 

(including that provision as applied by section

obliteration.

 
 

27(6) of the Countryside Act 1968 (c. 41))

  
 

Section 132(1) of the Highways Act 1980

Painting or affixing things on structures on the

 
  

highway etc.

 
 

Section 444(1) of the Education Act 1996 (c. 56)

Failure to secure regular attendance at school of

 

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registered pupil.

 
 

Section 1(10) of the Crime and Disorder Act

Actions contrary to prohibition in anti-social

 
 

1998 (c. 37)

behaviour order.

 
 

Section 12 of the Criminal Justice and Police

Consumption of alcohol in designated public

 
 

Act 2001 (c. 16)

place.

 

15

 

Section 50(2) of the Police Reform Act 2002

Failure by person acting in an anti-social manner

 
 

(c. 30)

to provide correct name and address to a

 
  

constable.

 
 

Section 4 of the Anti-social Behaviour Act 2003

Offences relating to premises where drugs used

 
 

(c. 00)

unlawfully subject to closure notice.

 

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Section 31 of the Anti-social Behaviour Act 2003

Contravention of direction relating to dispersal of

 
  

groups and removal of persons under sixteen to

 
  

their place of residence.

 
 

Section 45(4) of the Anti-social Behaviour Act

Noisy premises open in breach of closure order.

 
 

2003

  

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Section 53(1) of the Anti-social Behaviour Act

Sale of an aerosol paint container to a person

 
 

2003

under the age of eighteen.

 
 

Designation of further anti-social behaviour offences, etc.

  2       (1)      The Secretary of State may by order designate further offences under any

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enactment (whenever passed) as anti-social behaviour offences for the

purposes of this Act.

          (2)      The power under sub-paragraph (1) includes a power to remove offences

previously designated as anti-social behaviour offences, whether under

paragraph 1 of this Schedule or under an earlier order.

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          (3)      An order under sub-paragraph (1) may not be made unless a draft has been

laid before and approved by resolution of each House of Parliament.

          (4)      No draft may be laid before Parliament under sub-paragraph (3) until the

Secretary of State has consulted the persons specified in sub-paragraph (5)

about the proposals to be contained in the draft order.

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          (5)      Those persons are—

              (a)             the Attorney General,

              (b)             chief officers of police,

              (c)             Community Prosecution Lawyers, and

              (d)             the Director.

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Draft Community Prosecution Lawyers Bill
Schedule 3 — Minor and consequential amendments

    20

 

          (6)      At the same time as any draft order is laid before Parliament under sub-

paragraph (3), the Secretary of State shall also lay before Parliament a report

on the outcome of the consultations undertaken in accordance with sub-

paragraph (4).

Schedule 3

5

Section 31

 

Minor and consequential amendments

Firearms Act 1968

  1        In section 51(4) of the Firearms Act 1968 (c. 27) (limitation on prosecution

and punishment of offences), at the end, there shall be inserted “or by a

Community Prosecution Lawyer in the case of an offence under section 19”.

10

Solicitors Act 1974

  2        In paragraph 2(2A) of Schedule 2 to the Solicitors Act 1974 (c. 47), at the end,

there shall be inserted “or a Community Prosecution Lawyer or a member of

the legal staff of a Community Prosecution Lawyer”.

House of Commons Disqualification Act 1975

15

  3        In Part 3 of Schedule 2 to the House of Commons Disqualification Act 1975

(c. 24) (other disqualifying offices), in the appropriate place, there shall be

inserted—

                                  “Community Prosecution Lawyer”.

Prosecution of Offences Act 1985

20

  4       (1)      The Prosecution of Offences Act 1985 (c. 23) shall be amended as follows.

          (2)      In section 3(2) (functions of the Director), after the words “the Criminal

Justice Act 1987”, there shall be inserted “or the Community Prosecution

Lawyers Act 2003”.

          (3)      After section 5(2) (conduct of prosecutions on behalf of the Service), there

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shall be inserted—

              “(3)                Except where subsection (4) applies, nothing in subsection (2) shall

permit the Director to give instructions to a Community Prosecution

Lawyer or the staff of a Community Prosecution Lawyer about

proceedings relating to anti-social behaviour offences.

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              (4)                This subsection applies where proceedings relating to an anti-social

behaviour offence have been transferred in accordance with the

provisions of section 7 of the Community Prosecution Lawyers Act

2003.”

          (4)      In section 6(1) (prosecutions instituted and conducted otherwise than by the

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Service), for the words “subsection (2)”, there shall be substituted the words

“subsections (2) and (3)”.

 

 

 
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