Police and Justice Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 1 — Police reform
1

A
Bill
To
Establish a National Policing Improvement Agency; to make provision about
police forces and police authorities; to make provision about police powers
and about the powers and duties of community support officers, weights and
measures inspectors and others; to make further provision for combatting
crime and disorder; to establish the office of Her Majesty’s Chief Inspector for
Justice, Community Safety and Custody; to amend the Computer Misuse Act
1990; to make provision about the forfeiture of indecent images of children; to
provide for the conferring of functions on the Independent Police Complaints
Commission in relation to the exercise of enforcement functions by officials
involved with immigration and asylum; to amend the Extradition Act 2003;
and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Police reform
National Policing Improvement Agency
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National Policing Improvement Agency
(1)
There is to be a body corporate to be known as the National Policing
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Improvement Agency.
(2)
The following are abolished—
(a)
the Central Police Training and Development Authority;
(b)
the Police Information Technology Organisation.
(3)
Schedule 1 (further provision about the National Policing Improvement
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Agency, and related amendments) has effect.

Bill 119 54/1

Police and Justice Bill
Part 1 — Police reform
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Police forces and police authorities
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Amendments to the Police Act 1996
Schedule 2 (which makes amendments to the Police Act 1996 (c. 16)) has effect.
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Police authorities as best value authorities
(1)
In section 1 of the Local Government Act 1999 (c. 27) (authorities that are best
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value authorities)—
(a)
in subsection (1), at the beginning of paragraph (d) there is inserted
“(subject to subsection (8))”;
(b)
in subsection (4), for “subsection (1)(d)” there is substituted “this
section”;
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(c)
in subsection (6), at the beginning of paragraph (c) there is inserted
“(subject to subsection (8))”;
(d)
after subsection (7) there is inserted—
“(8)
A police authority is not a best value authority for the purposes
of the following provisions of this Part—
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section 5 (best value reviews);
section 6 (best value performance plans);
sections 7 to 9 (audit of best value performance plans);
section 13(5) (requirement of best value performance plan
to record fact of adverse report etc);
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section 15(2)(a) and (b) (directions relating to best value
performance plans).”
(2)
A reference in any provision contained in or made under any Act other than
the Local Government Act 1999 to an authority that is a best value authority for
the purposes of Part 1 of that Act includes, if the context allows, a police
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authority.
Community support officers etc
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Standard powers and duties of community support officers
(1)
In section 38 of the Police Reform Act 2002 (c. 30) (police powers for police
authority employees), after subsection (5) there is inserted—
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“(5A)
A person designated under this section as a community support officer
shall also have the standard powers and duties of a community support
officer (see section 38A(2)).”
(2)
After section 38 of the Police Reform Act 2002 there is inserted—
“38A
Standard powers and duties of community support officers
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(1)
The Secretary of State may by order provide for provisions of Part 1 of
Schedule 4 to apply to every person who under section 38 is designated
as a community support officer.
(2)
The powers and duties conferred or imposed by the provisions for the
time being applied under subsection (1) are to be known as the
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standard powers and duties of a community support officer.

Police and Justice Bill
Part 1 — Police reform
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(3)
Before making an order under subsection (1), the Secretary of State
shall consult with—
(a)
persons whom he considers to represent the interests of police
authorities; and
(b)
persons whom he considers to represent the interests of chief
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officers of police.
(4)
The Secretary of State shall not make an order containing (with or
without any other provision) any provision authorised by subsection
(1) unless a draft of that order has been laid before Parliament and
approved by a resolution of each House.
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(5)
A provision of Part 1 of Schedule 4 may be applied to a person
concurrently by an order under subsection (1) and a designation under
section 38.
(6)
If an order under subsection (1) confers or imposes additional powers
and duties on a person who is under the direction and control of a chief
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officer of police of a police force, that chief officer must ensure that the
person receives adequate training in the exercise and performance of
the additional powers and duties.”
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Community support officers: power to deal with truants
In Schedule 4 to the Police Reform Act 2002 (c. 30) (exercise of police powers
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etc by civilians), after paragraph 4B there is inserted—
“Power to remove truants to designated premises etc.
4C
Where a designation applies this paragraph to any person, that
person shall—
(a)
as respects any area falling within the relevant police area
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and specified in a direction under section 16(2) of the Crime
and Disorder Act 1998, but
(b)
only during the period specified in the direction,

have the powers conferred on a constable by section 16(3) of that Act
(power to remove truant found in specified area to designated
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premises or to the school from which truant is absent).”
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Exercise of police powers by civilians
Schedule 3 which—
  makes amendments consequential on section 4 (standard powers and
duties of community support officers), and
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makes other minor amendments in connection with the exercise of police
powers by civilians,
has effect.

Police and Justice Bill
Part 2 — Powers of police etc
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Part 2
Powers of police etc
Police powers
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Police bail
Schedule 4, which amends provisions in the Police and Criminal Evidence Act
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1984 (c. 60) that relate to bail—
(a)
granted by a constable elsewhere than at a police station, or
(b)
granted at a police station,
has effect.
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Power to stop and search at aerodromes
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(1)
In Part 3 of the Aviation Security Act 1982 (c. 36) (policing of airports), before
section 25 there is inserted—
“Power to stop and search at aerodromes
24B
Power of constable to stop and search persons, vehicles etc
(1)
Subject to subsection (2) below, a constable may search—
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(a)
any person, vehicle or aircraft in an aerodrome, or
(b)
anything which is in or on such a vehicle or aircraft,

for stolen or prohibited articles.
(2)
This section does not give a constable power to search a person, vehicle
or aircraft, or anything in or on a vehicle or aircraft, unless he has
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reasonable grounds for suspecting that he will find stolen or prohibited
articles.
(3)
For the purposes of exercising the power conferred by subsection (1)
above, a constable may—
(a)
enter any part of an aerodrome;
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(b)
detain a person, vehicle or aircraft;
(c)
board an aircraft.
(4)
If in the course of a search under subsection (1) above a constable
discovers an article which he has reasonable grounds for suspecting to
be a stolen or prohibited article, he may seize it.
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(5)
An article is prohibited for the purposes of this section if it is an
article—
(a)
made or adapted for use in the course of or in connection with
criminal conduct, or
(b)
intended by the person having it with him for such use by him
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or by some other person.
(6)
In this section “criminal conduct” means conduct which—
(a)
constitutes an offence in the part of the United Kingdom in
which the aerodrome is situated, or

Police and Justice Bill
Part 2 — Powers of police etc
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(b)
would constitute an offence in that part of the United Kingdom
if it occurred there.
(7)
The powers conferred by this section on a constable are without
prejudice to any powers exercisable by him apart from this section.
(8)
The exercise of a power under this section does not require a warrant.
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(9)
Nothing in this section authorises a constable to enter a dwelling.”
Travel and freight information
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Information gathering powers: extension to domestic flights and voyages
(1)
The Immigration, Asylum and Nationality Act 2006 is amended as follows.
(2)
In section 32 (police powers to gather information relating to flights and
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voyages to or from the United Kingdom), in subsection (1) (ships and aircraft
to which section applies), for paragraphs (a) and (b) there is substituted—
“(a)
arriving, or expected to arrive, at any place in the United
Kingdom (whether from a place in the United Kingdom or from
outside the United Kingdom), or
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(b)
leaving, or expected to leave, from any place in the United
Kingdom (whether for a place in the United Kingdom or for
outside the United Kingdom).”
(3)
In each of section 32(5) (interpretation of section) and section 33(5) (police
powers to gather information about freight entering or leaving the United
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Kingdom: interpretation of section), after paragraph (c) there is inserted “, and
(d)
“ship” includes—
(i)
every description of vessel used in navigation, and
(ii)
hovercraft.”
(4)
In section 36 (duty to share travel and freight information), in subsection (9)
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(interpretation of section), after the definition of “Revenue and Customs
purposes” there is inserted “, and
“ship” includes—
(a)
every description of vessel used in navigation, and
(b)
hovercraft.”
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(5)
In section 38 (disclosure of travel and freight information for security
purposes), after subsection (5) there is inserted—
“(5A)
In subsection (4) “ship” includes—
(a)
every description of vessel used in navigation, and
(b)
hovercraft.”
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