Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Serious Organised Crime and Police Bill

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Part 4 — Public order and conduct in public places etc.
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Behaviour in vicinity of Parliament
123
Directions as to behaviour in vicinity of Parliament
(1)
The senior police officer may (subject to subsection (11)) exercise the powers
conferred by subsection (3) if he reasonably believes that—
(a)
a person is behaving in a way mentioned in subsection (2) in any part
5
of the designated area, or proposes to do so, and
(b)
it is necessary, or would be desirable, having regard to the time at
which, or the place or circumstances in which, the behaviour occurs or
would occur, to prevent him from causing any of the results or possible
results referred to in subsection (2).
10
(2)
The behaviour referred to in subsection (1) is any behaviour which has or could
have any of the following results—
(a)
hindering any person from entering or leaving the Palace of
Westminster,
(b)
hindering the proper operation of Parliament, or
15
(c)
spoiling the visual aspect, or otherwise spoiling the enjoyment by
members of the public, of any part of the designated area.
(3)
The senior police officer may give a direction to—
(a)
any person behaving or proposing to behave in such a way, and
(b)
any person organising or directing such behaviour (whether or not it
20
has yet to begin),

imposing on him such of the requirements set out in subsection (4) as appear
to the senior police officer to be reasonably necessary to prevent any one or
more of the results referred to in paragraphs (a) to (c) of subsection (2).
(4)
The requirements are that the behaviour, so far as it occurs or is to occur in the
25
designated area—
(a)
cease, or not begin, either anywhere in the designated area or in such
part of it as is specified in the direction,
(b)
take place only at times specified in the direction, or for a period not
exceeding that specified in the direction,
30
(c)
take place only if it complies with conditions specified in the direction
as to numbers of participants, noise levels, or any other condition
designed to prevent the results referred to in paragraphs (a) to (c) of
subsection (2).
(5)
In this section, the “senior police officer” means—
35
(a)
the most senior in rank of the police officers present at the scene, and
(b)
if notice of the behaviour has been delivered in advance in writing to
any police station in the metropolitan police district, the Commissioner
of Police of the Metropolis.
(6)
A direction given under this section—
40
(a)
takes effect at the time specified in the direction (which may be
immediately), and
(b)
has effect for a period which must be specified in the direction but
which must not exceed three months,

but if the direction imposes a requirement under more than one of paragraphs
45
(a) to (c) of subsection (4), the time and period relating to each may be different.

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(7)
A direction which imposes requirements under subsection (4)(c) may specify
different conditions relating to different periods of time specified in the
direction.
(8)
A direction given under this section by virtue of subsection (5)(b) must be
given in writing.
5
(9)
In this section, “the designated area” means an area specified (whether by
description, by reference to a map, or in any other way) in an order made by
the Secretary of State.
(10)
No point in the designated area may be more than one kilometre in a straight
line from the point nearest to it in Parliament Square.
10
(11)
The powers conferred by this section are not exercisable in respect of anyone—
(a)
engaged in conduct which is lawful under section 220 of the Trade
Union and Labour Relations (Consolidation) Act 1992 (c. 52), or
(b)
taking part in a public procession of the kind mentioned in subsection
(1) of section 11 of the Public Order Act 1986 (c. 64) in respect of which
15
written notice has been given in accordance with that section, or such
notice is not required to be given as provided by subsections (1) and (2)
of that section.
124
Section 123: offences
(1)
A person who knowingly fails to comply with a requirement imposed on him
20
under section 123 is guilty of an offence.
(2)
It is a defence for him to prove that the failure arose from causes beyond his
control.
(3)
A person who incites another to behave in contravention of a requirement
imposed on him by virtue of section 123(3)(a) is guilty of an offence.
25
(4)
A person guilty of an offence under subsection (1) is liable on summary
conviction—
(a)
if the requirement was imposed by virtue of section 123(3)(a), to a fine
not exceeding level 3 on the standard scale,
(b)
if the requirement was imposed by virtue of section 123(3)(b), to
30
imprisonment for a term not exceeding 51 weeks, to a fine not
exceeding level 4 on the standard scale, or to both.
(5)
A person guilty of an offence under subsection (3) is liable on summary
conviction to imprisonment for a term not exceeding 51 weeks, to a fine not
exceeding level 4 on the standard scale, or to both.
35
(6)
A constable in uniform may arrest without warrant anyone he reasonably
suspects is committing an offence under subsection (1) or (3).

This subsection ceases to have effect on the coming into force of section 101.
Anti-social behaviour
125
Orders about anti-social behaviour etc.
40
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as provided in subsections
(2) to (9).

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(2)
In section 1 (anti-social behaviour orders), after subsection (10B) insert—
“(10C)
In proceedings for an offence under subsection (10), a copy of the
original anti-social behaviour order, certified as such by the proper
officer of the court which made it, is admissible as evidence of its
having been made and of its contents to the same extent that oral
5
evidence of those things is admissible in those proceedings.”
(3)
The existing text of section 1A (power of Secretary of State to add to relevant
authorities) is to be subsection (1) of that section, and after that subsection
add—
“(2)
The Secretary of State may by order—
10
(a)
provide that a person or body of any other description specified
in the order is, in such cases and circumstances as may be
prescribed by the order, to be a relevant authority for the
purposes of such of sections 1 above and 1B, 1CA and 1E below
as are specified in the order; and
15
(b)
prescribe the description of persons who are to be “relevant
persons” in relation to that person or body.”
(4)
In section 1C (orders about anti-social behaviour on conviction in criminal
proceedings)—
(a)
after subsection (4) insert—
20
“(4A)
The court may adjourn any proceedings in relation to an order
under this section even after sentencing the offender.
(4B)
If the offender does not appear for any adjourned proceedings,
the court may further adjourn the proceedings or may issue a
warrant for his arrest.
25
(4C)
But the court may not issue a warrant for the offender’s arrest
unless it is satisfied that he has had adequate notice of the time
and place of the adjourned proceedings.”,
(b)
in subsection (9), after “(10)” insert “, (10C)”.
(5)
Section 1D (interim orders) is amended as provided in subsections (6) to (9).
30
(6)
For subsections (1) and (2) substitute—
“(1)
This section applies where—
(a)
an application is made for an anti-social behaviour order;
(b)
an application is made for an order under section 1B;
(c)
a request is made by the prosecution for an order under section
35
1C; or
(d)
the court is minded to make an order under section 1C of its
own motion.
(2)
If, before determining the application or request, or before deciding
whether to make an order under section 1C of its own motion, the court
40
considers that it is just to make an order under this section pending the
determination of that application or request or before making that
decision, it may make such an order.”
(7)
In subsection (4)(c), for “main application” substitute “application or request
mentioned in subsection (1), or on the court’s making a decision as to whether
45
or not to make an order under section 1C of its own motion.”

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(8)
In subsection (5), at the beginning insert “In relation to cases to which this
section applies by virtue of paragraph (a) or (b) of subsection (1),”.
(9)
After subsection (5) add—
“(6)
In relation to cases to which this section applies by virtue of paragraph
(c) or (d) of subsection (1)—
5
(a)
subsections (6) and (10) to (12) of section 1 apply for the
purposes of the making and effect of orders under this section
as they apply for the purposes of the making and effect of anti-
social behaviour orders; and
(b)
section 1CA applies for the purposes of the variation or
10
discharge of an order under this section as it applies for the
purposes of the variation or discharge of an order under section
1C.”
(10)
In section 14A of the Football Spectators Act 1989 (c. 37) (banning orders on
conviction of an offence), after subsection (4) insert—
15
“(4A)
The court may adjourn any proceedings in relation to an order under
this section even after sentencing the offender.
(4B)
If the offender does not appear for any adjourned proceedings, the
court may further adjourn the proceedings or may issue a warrant for
his arrest.
20
(4C)
But the court may not issue a warrant for the offender’s arrest unless it
is satisfied that he has had adequate notice of the time and place of the
adjourned proceedings.”
126
Variation and discharge of anti-social behaviour orders made on conviction
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
25
(2)
In section 1 (anti-social behaviour orders), in subsection (1A), after “1B” insert
“, 1CA”.
(3)
In section 1C (orders on conviction), omit subsections (6) to (8).
(4)
After section 1C insert—
“1CA
Variation and discharge of orders under section 1C
30
(1)
An offender subject to an order under section 1C may apply to the court
which made it for it to be varied or discharged.
(2)
If he does so, he must also send written notice of his application to the
Director of Public Prosecutions.
(3)
The Director of Public Prosecutions may apply to the court which made
35
an order under section 1C for it to be varied or discharged.
(4)
A relevant authority may also apply to the court which made an order
under section 1C for it to be varied or discharged if it appears to it
that—
(a)
in the case of variation, the protection of relevant persons from
40
anti-social acts by the person subject to the order would be more
appropriately effected by a variation of the order;

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(b)
in the case of discharge, that it is no longer necessary to protect
relevant persons from anti-social acts by him by means of such
an order.
(5)
If the Director of Public Prosecutions or a relevant authority applies for
the variation or discharge of an order under section 1C, he or it must
5
also send written notice of the application to the person subject to the
order.
(6)
In the case of an order under section 1C made by a magistrates’ court,
the references in subsections (1), (3) and (4) to the court by which the
order was made include a reference to any magistrates’ court acting in
10
the same local justice area as that court.
(7)
No order under section 1C shall be discharged on an application under
this section before the end of the period of two years beginning with the
day on which the order takes effect, unless—
(a)
in the case of an application under subsection (1), the Director
15
of Public Prosecutions consents, or
(b)
in the case of an application under subsection (3) or (4), the
offender consents.”
(5)
In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the
Director of Public Prosecutions), in subsection (2), after paragraph (fa) insert—
20
“(fb)
where it appears to him appropriate to do so, to have the
conduct of applications under section 1CA(3) of the Crime and
Disorder Act 1998 for the variation or discharge of orders made
under section 1C of that Act;
(fc)
where it appears to him appropriate to do so, to appear on any
25
application under section 1CA of that Act made by a person
subject to an order under section 1C of that Act for the variation
or discharge of the order.”
127
Anti-social behaviour orders etc.: reporting restrictions
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
30
(2)
In section 1 (anti-social behaviour orders)—
(a)
after subsection (10C) (inserted by section 125(2) of this Act), insert—
“(10D)
In relation to proceedings brought against a child or a young
person for an offence under subsection (10)—
(a)
section 49 of the Children and Young Persons Act 1933
35
(restrictions on reports of proceedings in which children
and young persons are concerned) does not apply in
respect of the child or young person against whom the
proceedings are brought;
(b)
section 45 of the Youth Justice and Criminal Evidence
40
Act 1999 (power to restrict reporting of criminal
proceedings involving persons under 18) does so apply.
(10E)
If, in relation to any such proceedings the court does exercise its
power to give a direction under section 45 of the Youth Justice
and Criminal Evidence Act 1999, it shall give its reasons for
45
doing so.”,
(b)
in subsection (12), after the definition of “British Transport Police

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Force” insert—
““child” and “young person” shall have the same meaning
as in the Children and Young Persons Act 1933;”.
(3)
In section 1C (orders about anti-social behaviour on conviction in criminal
proceedings), in subsection (9), after “(10C)” (inserted by section 125(4)(b) of
5
this Act) insert “, (10D), (10E)”.
(4)
Subject to paragraph 2(2) of Schedule 2 to the Youth Justice and Criminal
Evidence Act 1999, until section 45 of that Act comes into force, the references
to it in section 1(10D)(b) and (10E) of the Crime and Disorder Act 1998 (inserted
by subsection (2) of this section) shall be read as references to section 39 of the
10
Children and Young Persons Act 1933.
128
Contracting out of local authority functions relating to anti-social behaviour
orders
(1)
In the Crime and Disorder Act 1998 (c. 37) after section 1E (consultation
requirements relating to individual support orders) insert—
15
“1F
Contracting out of local authority functions
(1)
The Secretary of State may by order provide that a relevant authority
which is a local authority may make arrangements with a person
specified (or of a description specified) in the order for the exercise of
any function it has under sections 1 to 1E above—
20
(a)
by such a person, or
(b)
by an employee of his.
(2)
The order may provide—
(a)
that the power of the relevant authority to make the
arrangements is subject to such conditions as are specified in the
25
order;
(b)
that the arrangements must be subject to such conditions as are
so specified;
(c)
that the arrangements may be made subject to such other
conditions as the relevant authority thinks appropriate.
30
(3)
The order may provide that the arrangements may authorise the
exercise of the function—
(a)
either wholly or to such extent as may be specified in the order
or arrangements;
(b)
either generally or in such cases or areas as may be so specified.
35
(4)
An order may provide that the person with whom arrangements are
made in pursuance of the order is to be treated as if he were a public
body for the purposes of section 1 of the Local Authorities (Goods and
Services) Act 1970.
(5)
The Secretary of State must not make an order under this section unless
40
he first consults—
(a)
the National Assembly for Wales, if the order relates to a
relevant authority in Wales;
(b)
such representatives of local government as he thinks
appropriate;
45
(c)
such other persons as he thinks appropriate.

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(6)
Any arrangements made by a relevant authority in pursuance of an
order under this section do not prevent the relevant authority from
exercising the function to which the arrangements relate.
(7)
The following provisions of the Deregulation and Contracting Out Act
1994 apply for the purposes of arrangements made in pursuance of an
5
order under this section as they apply for the purposes of an
authorisation to exercise functions by virtue of an order under section
70(2) of that Act—
(a)
section 72 (effect of contracting out);
(b)
section 73 (termination of contracting out);
10
(c)
section 75 and Schedule 15 (provision relating to disclosure of
information);
(d)
paragraph 3 of Schedule 16 (authorised persons to be treated as
officers of local authority).
(8)
For the purposes of subsection (7), any reference in the provisions
15
specified in paragraphs (a) to (d) to a person authorised to exercise a
function must be construed as a reference to a person with whom an
arrangement is made for the exercise of the function in pursuance of an
order under this section.
(9)
Relevant authorities and any person with whom arrangements are
20
made in pursuance of an order under this section must have regard to
any guidance issued by the Secretary of State for the purposes of this
section.
(10)
An order under this section may contain—
(a)
such consequential, supplemental or incidental provisions
25
(including provision modifying any enactment), or
(b)
such transitional provisions or savings,

as the person making the order thinks appropriate.
(11)
Each of the following is a local authority—
(a)
a local authority within the meaning of section 270 of the Local
30
Government Act 1972;
(b)
the Common Council of the City of London;
(c)
the Council of the Isles of Scilly.”
(2)
In subsection (1) of section 1A of that Act (definition of relevant authority) (as
re-numbered by section 125(3) of this Act) for “and 1E” substitute “, 1E and 1F”.
35
(3)
In section 114(3) of that Act (orders and regulations) after “section” insert “1F,”.