Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 10 — Racial and religious hatred
187

(b)
in paragraph (c), at the end add “and under his control”.
      (3)
After sub-paragraph (3) insert—
   “(3A)
A person who has escorted another person to a police station or
other place in accordance with an authorisation under sub-
paragraph (1) or (2) —
5
(a)
shall be under a duty to remain at the police station or
other place until he has transferred control of the other
person to a custody officer or other responsible person
there;
(b)
until he has so transferred control of the other person, shall
10
be treated for all purposes as having that person in his
lawful custody;
(c)
for so long as he is at the police station or other place, or in
its immediate vicinity, in compliance with, or having
complied with, his duty under paragraph (a), shall be
15
under a duty to prevent the escape of the other person and
to assist in keeping him under control; and
(d)
shall be entitled to use reasonable force for the purpose of
complying with his duty under paragraph (c).”
Staff custody officers
20
10
After paragraph 35A (inserted by section 114(5) of this Act) insert—
“Powers in respect of detained persons
35B
Where a designation applies this paragraph to any person, he shall
be under a duty, when in the course of his employment he is
present at a police station—
25
(a)
to keep under control any person detained at the police
station and for whom he is for the time being responsible;
(b)
to assist any officer or other designated person to keep any
other person detained at the police station under control;
and
30
(c)
to prevent the escape of any such person as is mentioned
in paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.”
Schedule 10
Section 122

Racial and religious hatred
35
1
Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) has effect
subject to the following amendments.
2
For the heading for Part 3 substitute “RACIAL AND RELIGIOUS
HATRED”.

Serious Organised Crime and Police Bill
Schedule 10 — Racial and religious hatred
188

3
After section 17 insert—
“Meaning of “religious hatred”
17A
Meaning of “religious hatred”
In this Part “religious hatred” means hatred against a group of
persons defined by reference to religious belief or lack of religious
5
belief.”
4
In the cross-heading before section 18 for “racial hatred” substitute “racial or
religious hatred”.
5     (1)
Section 18 (use of words or behaviour or display of written material) is
amended as follows.
10
      (2)
In subsections (1)(a) and (5) for “racial hatred” substitute “racial or religious
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances the words, behaviour
or material are (or is) likely to be heard or seen by any person
15
in whom they are (or it is) likely to stir up racial or religious
hatred.”
6     (1)
Section 19 (publishing or distributing written material) is amended as
follows.
      (2)
In subsections (1)(a) and (2) for “racial hatred” substitute “racial or religious
20
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances the material is likely to
be seen by any person in whom it is likely to stir up racial or
religious hatred.”
25
7     (1)
Section 20 (public performance of play) is amended as follows.
      (2)
In subsections (1)(a) and (2) (in both places) for “racial hatred” substitute
“racial or religious hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances the performance is
30
likely to be attended by any person in whom the performance
(taken as a whole) is likely to stir up racial or religious
hatred.”
8     (1)
Section 21 (distributing, showing or playing a recording) is amended as
follows.
35
      (2)
In subsections (1)(a) and (3) for “racial hatred” substitute “racial or religious
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances, the recording is likely
to be seen or heard by any person in whom it is likely to stir
40
up racial or religious hatred.”

Serious Organised Crime and Police Bill
Schedule 11 — Parental compensation orders
189

9     (1)
Section 22 (broadcasting or including programme in programme service) is
amended as follows.
      (2)
In subsections (1)(a), (3), (4) (in both places), (5) (in both places) and (6) for
“racial hatred” substitute “racial or religious hatred”.
      (3)
For subsection (1)(b) substitute—
5
“(b)
having regard to all the circumstances, the programme is
likely to be seen or heard by any person in whom it is likely
to stir up racial or religious hatred.”
10
For the cross-heading before section 23 substitute “Inflammatory material”.
11    (1)
Section 23 (possession of racially inflammatory material) is amended as
10
follows.
      (2)
In subsection (1) for the words from “if he intends” onwards substitute “if he
intends racial or religious hatred to be stirred up thereby or subsection (1A)
applies.”
      (3)
After subsection (1) insert—
15
“(1A)
This subsection applies if, having regard to all the circumstances, the
material or recording is likely to be seen or heard by any person in
whom it is likely to stir up racial or religious hatred.”
      (4)
In subsection (3) for “racial hatred” substitute “racial or religious hatred”.
      (5)
In the sidenote, for “racially inflammatory” substitute “inflammatory”.
20
12
In section 29 (interpretation) after the definition of “recording” insert—
““religious hatred” has the meaning given by section 17A;”.
Schedule 11
Section 134

Parental compensation orders
1
The Crime and Disorder Act 1998 (c. 37) is amended as provided in
25
paragraphs 2 to 5.
2
After section 13 insert—
“13A
Parental compensation orders
(1)
Subject to subsection (2) below, a magistrates’ court may make an
order under this section (a “parental compensation order”) if on the
30
application of a local authority it is satisfied, on the civil standard of
proof—
(a)
that the condition mentioned in subsection (3) below is
fulfilled with respect to a child under the age of 10; and
(b)
that it would be desirable to make the order in the interests of
35
preventing a repetition of the behaviour in question.
(2)
A court shall not make a parental compensation order unless it has
been notified by the Secretary of State that arrangements for
implementing such orders are available in the area in which it

Serious Organised Crime and Police Bill
Schedule 11 — Parental compensation orders
190

appears that the child resides or will reside and the notice has not
been withdrawn.
(3)
The condition is that the child has taken, or caused loss of or damage
to, property in the course of—
(a)
committing an act which, if he had been aged 10 or over,
5
would have constituted an offence; or
(b)
acting in a manner that caused or was likely to cause
harassment, alarm or distress to one or more persons not of
the same household as himself.
(4)
A parental compensation order is an order which requires any
10
person specified in the order who is a parent or guardian of the child
(other than a local authority) to pay compensation of an amount
specified in the order to any person or persons specified in the order
who is, or are, affected by the taking of the property or its loss or
damage.
15
(5)
The amount of compensation specified may not exceed £5,000 in all.
(6)
The Secretary of State may by order amend subsection (5) above so
as to substitute a different amount.
(7)
For the purposes of collection and enforcement, a parental
compensation order is to be treated as if it were a sum adjudged to
20
be paid on the conviction by the magistrates’ court which made the
order of the person or persons specified in the order as liable to pay
the compensation.
(8)
In this section and sections 13B and 13C, “local authority” has the
same meaning as in the 1989 Act.
25
13B
Parental compensation orders: the compensation
(1)
When specifying the amount of compensation for the purposes of
section 13A(4) above, the magistrates’ court shall take into account—
(a)
the value of the property taken or damaged, or whose loss
was caused, by the child;
30
(b)
any further loss which flowed from the taking of or damage
to the property, or from its loss;
(c)
whether the child, or any parent or guardian of his, has
already paid any compensation for the property (and if so,
how much);
35
(d)
whether the child, or any parent or guardian of his, has
already made any reparation (and if so, what it consisted of);
(e)
the means of those to be specified in the order as liable to pay
the compensation, so far as the court can ascertain them;
(f)
whether there was any lack of care on the part of the person
40
affected by the taking of the property or its loss or damage
which made it easier for the child to take or damage the
property or to cause its loss.
(2)
If property taken is recovered before compensation is ordered to be
paid in respect of it—
45
(a)
the court shall not order any such compensation to be
payable in respect of it if it is not damaged;

Serious Organised Crime and Police Bill
Schedule 11 — Parental compensation orders
191

(b)
if it is damaged, the damage shall be treated for the purposes
of making a parental compensation order as having been
caused by the child, regardless of how it was caused and who
caused it.
(3)
The court shall specify in the order how and by when the
5
compensation is to be paid (for example, it may specify that the
compensation is to be paid by instalments, and specify the date by
which each instalment must be paid).
(4)
For the purpose of ascertaining the means of the parent or guardian,
the court may, before specifying the amount of compensation, order
10
him to provide the court, within such period as it may specify in the
order, such a statement of his financial circumstances as the court
may require.
(5)
A person who without reasonable excuse fails to comply with an
order under subsection (4) is guilty of an offence and is liable on
15
summary conviction to a fine not exceeding level 3 on the standard
scale.
(6)
If, in providing a statement of his financial circumstances pursuant
to an order under subsection (4), a person—
(a)
makes a statement which he knows to be false in a material
20
particular;
(b)
recklessly provides a statement which is false in a material
particular; or
(c)
knowingly fails to disclose any material fact,

he is liable on summary conviction to a fine not exceeding level 4 on
25
the standard scale.
(7)
Proceedings in respect of an offence under subsection (6) may,
despite anything in section 127(1) of the 1980 Act (limitation of time),
be commenced at any time within two years from the date of the
commission of the offence or within six months of its first discovery
30
by the local authority, whichever period expires earlier.
13C
Parental compensation orders: supplemental
(1)
Before deciding whether or not to make a parental compensation
order in favour of any person, the magistrates’ court shall take into
account the views of that person about whether a parental
35
compensation order should be made in his favour.
(2)
Before making a parental compensation order, the magistrates’ court
shall obtain and consider information about the child’s family
circumstances and the likely effect of the order on those
circumstances.
40
(3)
Before making a parental compensation order, a magistrates’ court
shall explain to the parent or guardian of the child in ordinary
language—
(a)
the effect of the order and of the requirements proposed to be
included in it;
45
(b)
the consequences which may follow (under subsection (4)(b)
below) as a result of failure to comply with any of those
requirements;

Serious Organised Crime and Police Bill
Schedule 11 — Parental compensation orders
192

(c)
that the court has power (under subsection (4)(a) below) to
review the order on the application either of the parent or
guardian or of the local authority.
(4)
A magistrates’ court which has made a parental compensation order
may make an order under subsection (5) below if while the order is
5
in force—
(a)
it appears to the court, on the application of the local
authority, or the parent or guardian subject to the order, that
it is appropriate to make an order under subsection (5); or
(b)
it is proved to the satisfaction of the court, on the application
10
of the local authority, that the parent or guardian subject to it
has failed to comply with any requirement included in the
order.
(5)
An order under this subsection is an order discharging the parental
compensation order or varying it—
15
(a)
by cancelling any provision included in it; or
(b)
by inserting in it (either in addition to or in substitution for
any of its provisions) any provision that could have been
included in the order if the court had then had power to make
it and were exercising the power.
20
(6)
Where an application under subsection (4)(a) above for the discharge
of a parental compensation order is dismissed, no further application
for its discharge shall be made under that subsection by any person
except with the consent of the court which made the order.
(7)
References in this section to the magistrates’ court which made a
25
parental compensation order include any magistrates’ court acting
in the same local justice area as that court.
13D
Parental compensation orders: appeal
(1)
If a magistrates’ court makes a parental compensation order, the
parent or guardian may appeal against the making of the order, or
30
against the amount of compensation specified in the order.
(2)
The appeal lies to the Crown Court.
(3)
On the appeal the Crown Court—
(a)
may make such orders as may be necessary to give effect to
its determination of the appeal;
35
(b)
may also make such incidental or consequential orders as
appear to it to be just.
(4)
Any order of the Crown Court made on an appeal under this section
(other than one directing that an application be re-heard by a
magistrates’ court) shall, for the purposes of section 13C above, be
40
treated as if it were an order of the magistrates’ court from which the
appeal was brought and not an order of the Crown Court.
(5)
A person in whose favour a parental compensation order is made
shall not be entitled to receive any compensation under it until
(disregarding any power of a court to grant leave to appeal out of
45
time) there is no further possibility of an appeal on which the order
could be varied or set aside.