Serious Organised Crime and Police Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.
94

(b)
if the requirement was imposed by virtue of section 128(3)(b), to
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
5
exceeding level 4 on the standard scale, or to both.
(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 104.
Anti-social behaviour
10
130
Orders about anti-social behaviour etc.
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as provided in subsections
(2) to (9).
(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
15
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
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
20
authorities) is to be subsection (1) of that section, and after that subsection
add—
“(2)
The Secretary of State may by order—
(a)
provide that a person or body of any other description specified
in the order is, in such cases and circumstances as may be
25
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
(b)
prescribe the description of persons who are to be “relevant
persons” in relation to that person or body.”
30
(4)
In section 1C (orders about anti-social behaviour on conviction in criminal
proceedings)—
(a)
after subsection (4) insert—
“(4A)
The court may adjourn any proceedings in relation to an order
under this section even after sentencing the offender.
35
(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.
(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
40
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).

Serious Organised Crime and Police Bill
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(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
5
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
10
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
15
or not to make an order under section 1C of its own motion.”
(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
20
(c) or (d) of subsection (1)—
(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
25
(b)
section 1CA applies for the purposes of the variation or
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
30
conviction of an offence), after subsection (4) insert—
“(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
35
his arrest.
(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.”
131
Variation and discharge of anti-social behaviour orders made on conviction
40
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(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).

Serious Organised Crime and Police Bill
Part 4 — Public order and conduct in public places etc.
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(4)
After section 1C insert—
“1CA
Variation and discharge of orders under section 1C
(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
5
Director of Public Prosecutions.
(3)
The Director of Public Prosecutions may apply to the court which made
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
10
that—
(a)
in the case of variation, the protection of relevant persons from
anti-social acts by the person subject to the order would be more
appropriately effected by a variation of the order;
(b)
in the case of discharge, that it is no longer necessary to protect
15
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
also send written notice of the application to the person subject to the
20
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
the same local justice area as that court.
25
(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
of Public Prosecutions consents, or
30
(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—
“(fb)
where it appears to him appropriate to do so, to have the
35
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
application under section 1CA of that Act made by a person
40
subject to an order under section 1C of that Act for the variation
or discharge of the order.”
132
Anti-social behaviour orders etc: reporting restrictions
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2)
In section 1 (anti-social behaviour orders)—
45

Serious Organised Crime and Police Bill
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97

(a)
after subsection (10C) (inserted by section 130(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
(restrictions on reports of proceedings in which children
5
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
Act 1999 (power to restrict reporting of criminal
10
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
doing so.”,
15
(b)
in subsection (12), before the definition of “the commencement date”
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
20
proceedings), in subsection (9), after “(10C)” (inserted by section 130(4)(b) of
this Act) insert “, (10D), (10E)”.
(4)
Subject to paragraph 2(2) of Schedule 2 to the Youth Justice and Criminal
Evidence Act 1999 (c. 23), 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
25
1998 (c. 37) (inserted by subsection (2) of this section) shall be read as references
to section 39 of the Children and Young Persons Act 1933 (c. 12).
133
Contracting out of local authority functions relating to anti-social behaviour
orders
(1)
In the Crime and Disorder Act 1998 after section 1E (consultation requirements
30
relating to individual support orders) insert—
“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
35
any function it has under sections 1 to 1E above—
(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
40
arrangements is subject to such conditions as are specified in the
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
45
conditions as the relevant authority thinks appropriate.

Serious Organised Crime and Police Bill
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(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.
5
(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
10
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;
15
(c)
such other persons as he thinks appropriate.
(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
20
1994 apply for the purposes of arrangements made in pursuance of an
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);
25
(b)
section 73 (termination of contracting out);
(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).
30
(8)
For the purposes of subsection (7), any reference in the provisions
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.
35
(9)
Relevant authorities and any person with whom arrangements are
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—
40
(a)
such consequential, supplemental or incidental provisions
(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—
45
(a)
a local authority within the meaning of section 270 of the Local
Government Act 1972;

Serious Organised Crime and Police Bill
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99

(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 130(3) of this Act) for “and 1E” substitute “, 1E and 1F”.
(3)
In section 114(3) of that Act (orders and regulations) after “section” insert “1F,”.
5
Parental compensation orders
134
Parental compensation orders
Schedule 11 is to have effect.
Part 5
Miscellaneous
10
Vehicle registration and road traffic offences
135
Offence in respect of incorrectly registered vehicles
(1)
After section 43B of the Vehicle Excise and Registration Act 1994 (c. 22) insert—
“Offence in respect of incorrectly registered vehicles
43C
Offence of using an incorrectly registered vehicle
15
(1)
A person is guilty of an offence if, on a public road or in a public place,
he uses a vehicle which is required to be registered and in respect of
which—
(a)
the name and address of the keeper are not recorded in the
register, or
20
(b)
any of the particulars recorded in the register are incorrect.
(2)
It is a defence for a person charged with an offence under subsection (1)
to show (as the case may be)—
(a)
that there was no reasonable opportunity, before the material
time, to furnish the name and address of the keeper of the
25
vehicle, or
(b)
that there was no reasonable opportunity, before the material
time, to furnish particulars correcting the incorrect particulars.
(3)
It is also a defence for a person charged with an offence under
subsection (1) to show—
30
(a)
that he had reasonable grounds for believing, or that it was
reasonable for him to expect, that the name and address of the
keeper or the other particulars of registration (as the case may
be) were correctly recorded in the register, or
(b)
that any exception prescribed in regulations under this section
35
is met.
(4)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.

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(5)
The Secretary of State may make regulations prescribing, varying or
revoking exceptions for the purposes of subsection (3)(b).
(6)
In this section—
“keeper”, in relation to a vehicle, means the person by whom it is
kept at the material time;
5
“the register” means the register kept by the Secretary of State
under Part 2.”
(2)
In Schedule 3 to the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty
offences) after the entry relating to section 43 of the Vehicle Excise and
Registration Act 1994 insert—
10

“Section 43C of that Act
Using an incorrectly registered

vehicle.”

136
Power of constables to require production of registration documents in
respect of a vehicle
After section 28 of the Vehicle Excise and Registration Act 1994 (c. 22) insert—
15
“Power of constables to require production of documents
28A
Power of constables to require production of registration documents
(1)
A person using a vehicle in respect of which a registration document
has been issued must produce the document for inspection on being so
required by a constable.
20
(2)
A person is guilty of an offence if he fails to comply with subsection (1).
(3)
Subsection (2) does not apply if any of the following conditions is
satisfied.
(4)
The first condition is that—
(a)
the person produces the registration document, in person, at a
25
police station specified by him at the time of the request, and
(b)
he does so within 7 days after the date on which the request was
made or as soon as is reasonably practicable.
(5)
The second condition is that—
(a)
the vehicle is subject to a lease or hire agreement,
30
(b)
the vehicle is not registered in the name of the lessee or hirer
under that agreement and is not required to be so registered,
and
(c)
the person produces a copy of the agreement—
(i)
to the constable at the time of the request, or
35
(ii)
within 7 days after the date of the request, in person at a
police station specified by him at the time of the request.
(6)
The third condition is that any exception prescribed in regulations
under this section is met.
(7)
A person guilty of an offence under this section is liable on summary
40
conviction to a fine not exceeding level 2 on the standard scale.