Police and Justice Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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(9)
Local authorities in England and any person with whom they make
arrangements 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)
Local authorities in Wales and any person with whom they make
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arrangements in pursuance of an order under this section must have
regard to any guidance issued by the National Assembly for Wales for
the purposes of this section.”
Injunctions
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Anti-social behaviour injunctions
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For section 153A of the Housing Act 1996 (c. 52) there is substituted—
“153A
Anti-social behaviour injunction
(1)
In this section—
“anti-social behaviour injunction” means an injunction that
prohibits the person in respect of whom it is granted from
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engaging in housing-related anti-social conduct of a kind
specified in the injunction;
“anti-social conduct” means conduct capable of causing nuisance
or annoyance to some person (who need not be a particular
identified person);
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“conduct” means conduct anywhere;
“housing-related” means directly or indirectly relating to or
affecting the housing management functions of a relevant
landlord.
(2)
The court on the application of a relevant landlord may grant an anti-
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social behaviour injunction if the condition in subsection (3) is satisfied.
(3)
The condition is that the person against whom the injunction is sought
is engaging, has engaged or threatens to engage in housing-related
conduct capable of causing a nuisance or annoyance to—
(a)
a person with a right (of whatever description) to reside in or
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occupy housing accommodation owned or managed by a
relevant landlord,
(b)
a person with a right (of whatever description) to reside in or
occupy other housing accommodation in the neighbourhood of
housing accommodation mentioned in paragraph (a),
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(c)
a person engaged in lawful activity in, or in the neighbourhood
of, housing accommodation mentioned in paragraph (a), or
(d)
a person employed (whether or not by a relevant landlord) in
connection with the exercise of a relevant landlord’s housing
management functions.
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(4)
Without prejudice to the generality of the court’s power under
subsection (2), a kind of conduct may be described in an anti-social
behaviour injunction by reference to a person or persons and, if it is,
may (in particular) be described by reference—
(a)
to persons generally,
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(b)
to persons of a description specified in the injunction, or

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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(c)
to persons, or a person, specified in the injunction.”
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Injunctions in local authority proceedings: power of arrest and remand
(1)
This section applies to proceedings in which a local authority is a party by
virtue of section 222 of the Local Government Act 1972 (c. 70) (power of local
authority to bring, defend or appear in proceedings for the promotion or
5
protection of the interests of inhabitants of their area).
(2)
If the court grants an injunction which prohibits conduct which is capable of
causing nuisance or annoyance to a person it may, if subsection (3) applies,
attach a power of arrest to any provision of the injunction.
(3)
This subsection applies if the local authority applies to the court to attach the
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power of arrest and the court thinks that either—
(a)
the conduct mentioned in subsection (2) consists of or includes the use
or threatened use of violence, or
(b)
there is a significant risk of harm to the person mentioned in that
subsection.
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(4)
Where a power of arrest is attached to any provision of an injunction under
subsection (2), a constable may arrest without warrant a person whom he has
reasonable cause for suspecting to be in breach of that provision.
(5)
After making an arrest under subsection (4) the constable must as soon as is
reasonably practicable inform the local authority.
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(6)
Where a person is arrested under subsection (4)—
(a)
he shall be brought before the court within the period of 24 hours
beginning at the time of his arrest, and
(b)
if the matter is not then disposed of forthwith, the court may remand
him.
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(7)
For the purposes of subsection (6), when calculating the period of 24 hours
referred to in paragraph (a) of that subsection, no account shall be taken of
Christmas Day, Good Friday or any Sunday.
(8)
Schedule 7 applies in relation to the power to remand under subsection (6).
(9)
If the court has reason to consider that a medical report will be required, the
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power to remand a person under subsection (6) may be exercised for the
purpose of enabling a medical examination and report to be made.
(10)
If such a power is so exercised the adjournment shall not be in force—
(a)
for more than three weeks at a time in a case where the court remands
the accused person in custody, or
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(b)
for more than four weeks at a time in any other case.
(11)
If there is reason to suspect that a person who has been arrested under
subsection (4) is suffering from mental illness or severe mental impairment the
court shall have the same power to make an order under section 35 of the
Mental Health Act 1983 (c. 20) (remand for report on accused’s mental
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condition) as the Crown Court has under that section in the case of an accused
person within the meaning of that section.
(12)
For the purposes of this section—

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
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(a)
“harm” includes serious ill-treatment or abuse (whether physical or
not);
(b)
“local authority” has the same meaning as in section 222 of the Local
Government Act 1972 (c. 70);
(c)
“the court” means the High Court or a county court and includes—
5
(i)
in relation to the High Court, a judge of that court, and
(ii)
in relation to a county court, a judge or district judge of that
court.
Part 4
Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
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Appointment of Chief Inspector
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Appointment of Chief Inspector
(1)
Her Majesty may appoint a person to be Chief Inspector for Justice,
Community Safety and Custody.
(2)
The person so appointed is referred to in this Part as “the Chief Inspector”.
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Functions of Chief Inspector
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General duty of Chief Inspector
(1)
It is the duty of the Chief Inspector to inspect, and to report to the responsible
ministers on, the operation of—
(a)
the courts system in England and Wales;
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(b)
the criminal justice system in England and Wales;
(c)
the immigration enforcement system.

For the purposes of this Part “the responsible ministers” are the Secretary of
State, the Lord Chancellor and the Attorney General.
(2)
“The courts system” means—
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(a)
the system that supports the carrying on of the business of the Crown
Court, of county courts and of magistrates’ courts;
(b)
the services provided for those courts.

The responsible ministers may by order amend paragraph (a) so as to add or
remove a court.
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(3)
“The criminal justice system” includes—
(a)
the carrying out by police forces of their functions, and the carrying out
of functions of a similar nature exercisable by public authorities other
than police forces;
(b)
the carrying out by police authorities of their functions;
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(c)
the carrying out of functions concerned with the prevention or
reduction of—
(i)
crime and disorder (including anti-social and other behaviour
adversely affecting the local environment), and
(ii)
the misuse of drugs, alcohol and other substances;
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(d)
criminal proceedings;

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
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(e)
proceedings for the forfeiture of property obtained from or held in
connection with criminal conduct;
(f)
the carrying out of functions exercisable by the Director of Public
Prosecutions;
(g)
the provision of support or help for—
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(i)
victims,
(ii)
persons associated with victims, and
(iii)
witnesses;
(h)
the carrying out of functions exercisable under Chapter 4 of Part 2 of the
Serious Organised Crime and Police Act 2005 (c. 15) (protection of
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witnesses and other persons);
(i)
the carrying out of functions concerned with the way in which persons
suspected of or charged with offences are treated, managed and dealt
with;
(j)
the carrying out of functions concerned with the way in which persons
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convicted of offences are treated, managed and dealt with.
(4)
“The immigration enforcement system” means the carrying out by
immigration officers of the following enforcement functions—
(a)
powers of entry;
(b)
powers to search persons or property;
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(c)
powers to seize or detain property;
(d)
powers to arrest persons;
(e)
powers to detain persons;
(f)
powers to examine persons or otherwise to obtain information
(including powers to take fingerprints or to acquire other personal
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data);
(g)
powers in connection with the removal of persons from the United
Kingdom.
(5)
Subject to—
(a)
subsections (6) to (8),
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(b)
sections 23 and 25,
(c)
a provision of any other Act corresponding to paragraph 10 of Schedule
8, and
(d)
any provision not contained in this Part conferring functions, or
enabling functions to be conferred, on the Chief Inspector,
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it is for the Chief Inspector to determine the particular matters into which
inspections are to be carried out.
(6)
This section does not entitle the Chief Inspector—
(a)
to inspect the carrying out of functions by a person or body that—
(i)
is not a public authority, and
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(ii)
is not carrying out those functions on behalf of or by
arrangement with a public authority;
(b)
to inspect persons—
(i)
making judicial decisions, or
(ii)
exercising any judicial discretion;
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(c)
to do anything that he is required to do by or under any enactment not
contained in this Part.

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
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(7)
The Chief Inspector is not to carry out an inspection under this section into
anything that appears to him to be subject to adequate inspection by any other
person or body.
(8)
The responsible ministers may by order specify functions, organisations or
matters that, as regards the whole or any specified aspect or part, are not to be
5
subject to inspection under this section.
(9)
In this section—
“immigration officer” means a person appointed as an immigration
officer under paragraph 1 of Schedule 2 to the Immigration Act 1971
(c. 77);
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“victim” and “witness” have the meaning given by section 52 of the
Domestic Violence, Crime and Victims Act 2004 (c. 28).
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Duties of Chief Inspector with regard to prisons etc
(1)
It is the duty of the Chief Inspector to inspect prisons in England and Wales
and to report to the responsible ministers on them.
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He shall in particular report to the responsible ministers on the treatment of
prisoners and conditions in prisons.
(2)
Subsection (1) applies to—
(a)
young offender institutions in England and Wales,
(b)
custody areas at Crown Courts, county courts and magistrates’ courts
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in England and Wales, and
(c)
custody areas at police stations in England and Wales,

and to persons detained in them, as it applies to prisons and prisoners.
(3)
Subsection (1) applies to prison escort arrangements, and to persons to whom
such arrangements apply, as it applies to prisons and prisoners.
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(4)
Subsection (1) applies to removal centres and short-term holding facilities
(whether in England and Wales or elsewhere in the United Kingdom), and to
persons detained in them, as it applies to prisons and prisoners in England and
Wales.
(5)
Subsection (1) applies to immigration escort arrangements (whether carried
30
out in England and Wales or elsewhere in the United Kingdom), and to
persons to whom such arrangements apply, as it applies to prisons and
prisoners in England and Wales.
(6)
In its application by virtue of subsection (3) or (5), subsection (1) applies with
any necessary modifications.
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(7)
This section does not entitle the Chief Inspector to inspect—
(a)
the making of judicial decisions, or
(b)
the exercise of any judicial discretion,

by an adjudicator or a reviewer under rules made under section 47 of the
Prison Act 1952 (c. 52).
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(8)
The responsible ministers may by order amend this section so as to make it
apply or cease to apply—
(a)
to a specified category of place or institution in which persons are held
in detention of any kind;
(b)
to a specified category of escort arrangements.
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Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
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(9)
An order under subsection (8) may not—
(a)
prevent this section from applying to prisons, young offender
institutions or removal centres;
(b)
provide for this section to apply to any category of place, institution or
escort arrangements if it is within the legislative competence of the
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Scottish Parliament to make provision for inspection of that category of
place, institution or arrangements.
(10)
In this section—
“immigration escort arrangements” means arrangements made by the
Secretary of State under section 156 of the Immigration and Asylum Act
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1999 (c. 33);
“prison” does not include a naval, military or air force prison;
“prison escort arrangements” means arrangements made by the Secretary
of State under section 80 of the Criminal Justice Act 1991 (c. 53);
“removal centre” and “short-term holding centre” have the meaning
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given by section 147 of the Immigration and Asylum Act 1999.
(11)
Until the coming into force of section 59 of the Criminal Justice and Court
Services Act 2000 (c. 43), this section has effect as if subsection (2)(a) included
a reference to remand centres.
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Power to confer additional functions on Chief Inspector
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(1)
The responsible ministers may by order confer on the Chief Inspector
additional functions in relation to anything that is, or is an aspect of, a matter
in respect of which he has a duty under this Part to carry out inspections.
(2)
An order under this section may remove from the Chief Inspector any function
conferred by a previous order under this section.
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(3)
An order under this section may include provision amending—
(a)
any Act (including this one),
(b)
any Northern Ireland legislation, or
(c)
any subordinate legislation (within the meaning of the Interpretation
Act 1978 (c. 30)),
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whenever passed or made.
(4)
Before making an order under this section the responsible ministers shall
consult the Chief Inspector and such of the persons and bodies mentioned in
subsection (5) as appear to the responsible ministers to be appropriate.
(5)
Those persons and bodies are—
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(a)
the Lord Chief Justice;
(b)
the inspection authorities listed in subsection (6).
(6)
The inspection authorities are—
(a)
Her Majesty’s Chief Inspector of Schools in England;
(b)
the Adult Learning Inspectorate;
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(c)
the Commission for Healthcare Audit and Inspection;
(d)
the Commission for Social Care Inspection;
(e)
the Audit Commission.

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
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(7)
Subsection (4), so far as it applies to an order that relates (to any extent) to
devolved Welsh matters, has effect as if subsection (6) included a reference to
the Auditor General for Wales.
(8)
The responsible ministers may not make an order under this section that
relates (to any extent) to devolved Welsh matters without the agreement of the
5
National Assembly for Wales.
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Ministerial directions
(1)
The responsible ministers may direct the Chief Inspector to carry out an
inspection into and report to them on—
(a)
any specific part or aspect of a system that the Chief Inspector has a
10
duty to inspect under section 22(1);
(b)
any specific matter falling within the scope of his duties under sections
22 and 23.
(2)
The responsible ministers may direct the Chief Inspector to provide them with
advice on any matter in respect of which he has a duty to carry out inspections.
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(3)
In exercising any of his functions the Chief Inspector shall have regard to such
aspects of government policy as the responsible ministers may direct.
(4)
Before giving a direction under subsection (1) the responsible ministers shall
consult such of the persons and bodies mentioned in subsection (5) as appear
to the responsible ministers to be appropriate.
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(5)
Those persons and bodies are—
(a)
the Lord Chief Justice;
(b)
the inspection authorities listed in section 24(6).
(6)
Subsection (4), so far as it applies to a direction that relates (to any extent) to
devolved Welsh matters, has effect as if section 24(6) included a reference to the
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Auditor General for Wales.
(7)
The responsible ministers shall consult the Chief Inspector before giving a
direction under this section.
(8)
The responsible ministers may not give a direction under this section that
relates (to any extent) to devolved Welsh matters without the agreement of the
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National Assembly for Wales.
(9)
The restriction imposed by subsection (4) or (8) does not apply where the
responsible ministers consider it necessary by reason of urgency to dispense
with the restriction.
Inspection powers
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Powers of persons carrying out inspections
(1)
This section applies to a person involved in the carrying out of an inspection
by the Chief Inspector under this Part.
(2)
A person to whom this section applies may, on showing evidence of his
authority (if required to do so), enter any premises for the purposes of the
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inspection.