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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. | 5 |
(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 | 10 |
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 | 15 |
(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. | 20 |
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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— | 5 |
(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. | 10 |
(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 | 15 |
(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 | 20 |
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 | 25 |
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. | 30 |
(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 | 35 |
Prosecution Service to Community Prosecution Lawyers. | |
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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 | 5 |
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. | 10 |
(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. | 15 |
(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 | 20 |
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” | 25 |
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 | 30 |
(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 | 35 |
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). | 40 |
(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 | 45 |
Community Prosecution Lawyer in relation to the conduct of criminal | |
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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. | 5 |
(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 | 10 |
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 | 15 |
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- | 20 |
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 | 25 |
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 | 30 |
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. | 35 |
(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. | 40 |
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. | |
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(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 | 5 |
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 | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
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 | | 30 | | 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. | | 35 | | (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 |
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| 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 | | 10 | | | 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. | | 20 | | 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 | | | 25 | | Section 53(1) of the Anti-social Behaviour Act | Sale of an aerosol paint container to a person | | | | 2003 | under the age of eighteen. | | |
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Designation of further anti-social behaviour offences, etc. | |
2 (1) The Secretary of State may by order designate further offences under any | 30 |
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. | 35 |
(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. | 40 |
(5) Those persons are— | |
(a) the Attorney General, | |
(b) chief officers of police, | |
(c) Community Prosecution Lawyers, and | |
(d) the Director. | 45 |
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(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 | 25 |
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. | 30 |
(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 | 35 |
Service), for the words “subsection (2)”, there shall be substituted the words | |
“subsections (2) and (3)”. | |
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