|Police And Justice Bill - continued||House of Commons|
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Clause 5: Community support officers: power to deal with truants
116. This Clause inserts a new power into the list (set out in Schedule 4 to the 2002 Act) of powers that may be conferred on persons designated as a CSO. If designated with the power set out at new paragraph 4C, CSOs will have the power that constables already have under section 16 of the Crime and Disorder Act 1998 to deal with truants. This power would allow CSOs to remove young people of school age that they believe are absent from school without lawful authority from specified areas and to take them either to their school, or to a place which has been specified by the local authority.
Clause 6 and Schedule 3: Exercise of police powers by civilians
117. This clause introduces Schedule 3 to the Bill.
118. Schedule 3 makes various consequential and minor amendments in provisions in the Police Reform Act 2002.
119. Paragraph 2(3) inserts a new subsection (5B) into section 38 of the 2002 Act so that when a chief constable first designates a person as a CSO, he is required to ensure that the person has received adequate training in the exercise of the standard powers that are in force at that time.
120. The effect of paragraph 3 of the Schedule is to amend section 42 of the 2002 Act so that CSOs, when exercising powers or duties, must produce on demand evidence of their designation as a CSO and of any non-standard power which they exercise that has been conferred on them by their Chief Officer under section 38. Accordingly, CSOs will not have to carry with them details of all the standard powers which have been conferred upon them by an order under section 38A. The requirement to produce evidence of a designation could be satisfied by production of the designation itself, but could also be satisfied by something less, such as some form of document or card.
Part 2: Powers of police etc
Clause 7 and Schedule 4: Police bail
121. Clause 7 gives effect to Schedule 4. Paragraphs 2 to 5 of Schedule 4 amend the Police and Criminal Evidence Act 1984 ("PACE") to make provision in respect of bail which is granted elsewhere than at a police station (street bail). Paragraph 2 of Schedule 4 amends section 30A of PACE to permit conditions to be attached to street bail. Conditions may only be attached where a constable considers them to be necessary to secure that the person surrenders to custody, does not commit an offence on bail or does not interfere with witnesses or obstruct the course of justice or where he considers them to be necessary for the person's own protection or, where he is under 17, for his welfare. New section 30A(3A) of PACE confirms that no recognizance, security or surety may be taken and that no requirement to reside in a bail hostel may be imposed. Paragraph 3 of Schedule 4 requires a notice which is given to a person granted street bail in accordance with section 30B of PACE to include any conditions of bail, explain the opportunities available to the person to vary those conditions and specify a police station at which a request to vary those conditions can be made. Paragraph 4 of Schedule 4 inserts a new section 30CA and a new section 30CB into PACE. New section 30CA enables a custody officer to vary conditions attached to street bail on request and requires a custody officer to provide a written notice of any variation to the person concerned. Where a custody officer receives a subsequent request to vary the conditions attached to bail he may only make a variation where that subsequent request is based on information which was not available when the previous request was considered. Under new section 30CB, a magistrates' court may, on request, vary the conditions of bail where a custody officer has received a request to vary those conditions and has either varied the conditions, refused to vary the conditions or has failed to respond within 48 hours of the request being made. When making an application to a magistrates' court, a ground may only be relied upon to make a variation where it has been relied upon in the relevant application to a custody officer or where it has arisen out of a change of circumstances that has occurred since the making of the application to the court. Conditions, as varied, must also be considered to be necessary for one of the purposes mentioned above. Paragraph 5 of Schedule 4 amends section 30D of PACE to provide for a power of arrest where a constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail. A person so arrested must be taken to a police station as soon as practicable after the arrest.
122. Paragraphs 6 to 11 make provision for conditions to be attached to those types of pre-charge bail that is granted at a police station to which conditions cannot currently be attached, namely, bail granted during the investigation stages of an offence under section 37(2) of PACE and bail granted under section 37(7)(b) of PACE before a decision has been taken to charge or to refer a case to the prosecutor for consideration of charge. Paragraph 6 applies the normal powers to impose conditions of bail to such pre-charge bail. Again, the conditions must be considered to be necessary for one of the purposes mentioned in the preceding paragraph. Paragraph 7 provides for the power of arrest in section 46A of PACE to be used where a person is suspected of breaking any of the conditions of such pre-charge bail or of breaking any of the conditions of bail granted on breach of such pre-charge bail. Paragraph 8 inserts a new section 37CA into PACE which specifies that a person who is arrested on suspicion of breaking the conditions attached to bail granted under section 37(7)(b) must be either charged or released without charge, with or without bail. Where bail is granted it must be subject to the same conditions as were applied to the previous bail which was granted. The Director of Public Prosecutions may issue guidance on how to deal with persons under this power. Paragraph 10 amend section 37D of PACE to permit a person who answers bail granted under section 37(7)(b) or new section 37CA of PACE or who is otherwise in police detention to be detained at a police station to enable a decision to be taken under section 37CA (as to whether to charge or to release, with or without bail) or under section 37D(1) of PACE (as to whether to appoint a different or additional time for the person to answer bail). Where a person is not in a fit state to enable such a decision to be made he may be detained until he is. Paragraph 11 amends section 47 of PACE to enable a magistrates' court to vary the conditions attached to bail under section 37, 37C and 37CA of PACE on request.
Clause 8: Power to stop and search at aerodromes
123. Clause 8 inserts new section 24B in Part 3 of the Aviation Security Act 1982 (policing of airports). This enables a police constable to stop and search, without warrant, any person, vehicle or aircraft in any area of an aerodrome, whether designated or non-designated, for stolen or prohibited articles, where he has reasonable grounds to suspect that he will find such articles. Designation takes place under Part 3 of the Aviation Security Act 1982. If applied to an aerodrome, it allows police constables additional powers that are not available at non-designated aerodromes. The term aerodrome, as defined by section 38(1) of the 1982 Act, is used rather than airport, as it has wider meaning and covers major airports as well as airfields used only by private flying clubs.
124. New section 24B(4) enables a constable to seize items discovered during a search which he reasonably suspects to be stolen or prohibited articles.
125. New section 24B(5) defines a prohibited article as something made or adapted for use in the course of or in connection with criminal conduct, or an article intended for such use by the person having it with him or by some other person.
126. New section 24B(6) defines 'criminal conduct' as conduct which constitutes an offence in the part of the UK in which the aerodrome is situated or conduct which would constitute an offence in that part of the UK if it occurred there.
127. New section 24B(9) prevents a constable from entering a dwelling during the exercise of the powers conferred by section 24B.
128. Paragraph 5(4) of Schedule 14 repeals subsections (1), (4), and (5) of section 27 of the Aviation Security Act 1982. These are no longer necessary since the search powers in new section 24B are exercisable at both designated and non-designated airports.
Clause 9: Information gathering powers; extension to domestic flights and voyages
129. Clause 9 provides for prospective section 32 of the Immigration, Asylum and Nationality Act 2006 (police powers to gather information relating to flights and voyages to or from the United Kingdom) to be amended to include -
130. This will enable a constable of at least the rank of superintendent to request passenger, crew or service information from the owner or agent of a ship or aircraft on air and sea journeys within the UK.
131. Clause 32 of the Immigration, Asylum & Nationality (IAN) Bill currently before Parliament states that the passenger, crew and service information which may be collected under the clause will be specified in secondary legislation. Secondary legislation may also specify the form and manner in which information is to be provided.
132. Clause 32 of the IAN Bill also requires passengers and crew members to provide the owner or agent of a ship or aircraft with any information that he requires for the purposes of complying with a requirement to provide information.
133. Requests shall be in writing, may apply generally or only to one or more specified ships or aircraft, in either case, throughout a specified period (not exceeding six months) and must state the information required and the date or time by which the information must be provided.
134. Clause 9 subsection (3) amends clause 32(5) (interpretation of that section) and clause 33(5) (police powers to gather information about freight entering or leaving the United Kingdom: interpretation of section) of the IAN Bill by inserting a definition of a ship. A ship is defined as every vessel used in navigation and hovercraft. Subsections (4) and (5) amend clause 36 (duty to share travel and freight information) and clause 38 (disclosure of travel and freight information for security purposes) in the IAN Bill by inserting the above definition of a ship.
Clause 10: Accreditation of weights and measures inspectors
135. Subsection (1) inserts a new section 41A into the Police Reform Act 2002. This new section provides for the accreditation of weights and measures inspectors, commonly known as Trading Standards Officers (TSOs), and provides for arrangements similar to those for community safety accreditation schemes as set out in section 41 of the Police Reform Act 2002. Accredited TSOs will be able to issue penalty notices for disorderly behaviour under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001.
136. Subsection (1) of the new section enables chief officers of police to accredit TSOs. An accredited TSO will be able to exercise such powers as the chief officer specifies from the list of powers in new Schedule 5A to the Police Reform Act 2002. This new Schedule is inserted by Schedule 5 to the Bill and is given effect by subsection (3) of the new section.
137. Subsection (2) of the new section provides that the powers given by accreditation may only be exercised in the accrediting chief officer's police area.
138. Subsections (4) and (5) of the new section provide that chief officers may only accredit suitable and adequately trained TSOs, and that they may charge a fee for considering applications for accreditation and for the renewal of accreditation and for granting the accreditation itself. Under subsection (7), the accreditation may specify a period for which accreditation will apply.
139. Subsection (6) of the new section specifies that accreditation does not enable a TSO to exercise the powers granted by accreditation other than in the course of his duty as a TSO, and that the accrediting chief officer may specify other restrictions and conditions when accrediting TSOs. As accreditation only enables TSOs to exercise the powers in the course of their duties, it follows that accreditation will cease to have effect if the accredited person ceases to be a TSO, as provided for by subsection (8).
140. Subsection (2) of the clause gives effect to Schedule 5.
Schedule 5: Powers exercisable by accredited inspectors
141. Schedule 5 inserts a new Schedule 5A in the Police Reform Act 2002 which sets out the powers that chief officers may confer on the TSOs they accredit under new section 41A of the 2002 Act.
142. Paragraphs 1 to 3 of Schedule 5A provide for accredited TSOs to be able to issue penalty notices in respect of those offences specified in his accreditation; to require persons suspected of having committed a relevant fixed penalty offence to provide their name and address; and to have the power of a constable to take photographs, elsewhere than at a police station, of persons issued with penalty notices. Refusal to provide a name and address when required is an offence under paragraph 2(2).
Clause 11: Power to apply accreditation provisions
143. This clause inserts a new section 41B into the Police Reform Act 2002. The new section provides a power for the Secretary of State to apply the provisions about accredited TSOs to persons of a descriptions specified by order. An order under section 41B will be subject to the affirmative procedure.
Clause 12: Conditional cautions: types of cautions
144. This clause amends section 22 in Part 3 of the Criminal Justice Act 2003, which provides for conditional cautions. These are cautions to which specified conditions are attached. They may only be imposed if a prosecutor considers that there is sufficient evidence to prosecute the offender and if the offender admits the offence and agrees to a conditional caution being imposed. A conditional caution is an alternative to prosecution for low-level offending, but if the offender breaches the conditions he is liable to be prosecuted for the original offence.
145. The purpose of this clause is to widen the scope of the conditions that can be attached to a conditional caution. Currently, section 22(3) of the 2003 Act provides that the conditions which can be attached to a conditional caution must have the object of facilitating the rehabilitation of the offender or ensuring the offender makes reparation for the offence. Subsection (2) substitutes an expanded section 22(3) that provides that, in addition, a conditional caution may contain conditions which have the object of punishing the offender.
146. Subsection (3) adds additional subsections (3A), (3B) and (3C) to section 22 of the 2003 Act. New subsection (3A) provides that the conditions that may be included in a conditional caution may include the imposition of a financial penalty and/or a requirement for attendance at a specified place at a specified time (which might include completion of a specified activity).
147. New subsection (3B) provides that where a condition involves an attendance requirement, the maximum number of hours is restricted to no more than 20 hours in total. This 20 hour limit does not apply to an attendance requirement for the purpose of facilitating the offender's rehabilitation. This is to permit rehabilitative conditions involving, for example, drug or alcohol treatment programmes that may take longer than 20 hours in total. By virtue of new subsection (3C) this figure of 20 hours may be amended by order.
148. Where a condition involves a financial penalty, subsection (4) adds an additional section 23A to the 2003 Act that provides that the amount must not exceed 25% of the maximum fine available for the offence in question on summary conviction in a Magistrates' Court or £500, whichever is the lower. Subsection (4) of the new section 23A provides these limits may be amended by order. New section 23A also specifies the method of payment of any financial penalty imposed as a condition. The financial penalty is intended to be a requirement to pay money that it imposed for the purposes of punishing an offender. It does not alter the existing position in which offenders can be required to pay compensation to victims for the purpose of making reparation for the offence, or to pay a sum of money to a charity by way of indirect reparation to the community.
Clause 13: Arrest for failing to comply with conditional caution
149. Subsection (1) inserts a new section 24A into Part 3 of the Criminal Justice Act 2003 to give a constable a power of arrest without warrant where an offender is suspected of having breached the conditions of a conditional caution without reasonable excuse, in order to enable a quicker, more effective means of facilitating prosecution for the original offence.
150. Where a person is arrested under subsection (1), it will be for a prosecutor to determine whether he has failed to comply with the conditions attached to his caution and, if so, whether there was a reasonable excuse for doing so. If the person has failed to comply without a reasonable excuse, he can then be charged with the original offence in respect of which the conditional caution was given (subsection (2)(a)). Where further investigations are necessary to establish the circumstances of the suspected non-compliance with conditions, the offender may be released on bail (subsection (2)(b)).
151. Alternatively, the offender can be released without charge, with or without any variations in the conditions attached to the caution. This course of action could result if the prosecutor determined that there was a reasonable excuse for the non-compliance or that there has been no actual non-compliance.
152. Subsection (5)(a), read with subsection (6), provides that the offender may be kept in police detention in order to be dealt with under subsection (2). For example, a person might be detained until a relevant prosecutor is available to make a charging decision, or where further investigations are necessary to establish if the person has failed to comply with the conditions attached to the caution.
153. Alternatively, the offender can be released without charge or on bail and with or without any variations in the conditions attached to the caution. This course of action could result if the prosecutor determined that there was a reasonable excuse for the non-compliance or that there had been no actual non-compliance.
154. By virtue of subsection (3) of the new section 24A these procedures also apply where an offender returns to the police station having been bailed for investigation of suspected non-compliance with a condition or where the offender is otherwise detained by the police.
155. Clause 13 also inserts a new section 24B into Part 3 of the Criminal Justice Act 2003 that provides that certain provisions in the Police and Criminal Evidence Act 1984 apply with the modifications identified to offenders arrested for suspected breach of a conditional caution as they do to offenders arrested in respect of an offence.
Part 3: Crime and anti-social behaviour
Clause 14: Amendments to the Crime and Disorder Act 1998
156. This clause gives effect to Schedule 6 which amends the Crime and Disorder Act in relation to crime and disorder strategies and other matters.
Schedule 6: Amendments to the Crime and Disorder Act 1998
157. Section 5 of the Crime and Disorder Act 1998 lists the "responsible authorities" that comprise Crime and Disorder Reduction Partnerships (CDRPs) (known as Community Safety Partnerships (CSPs) in Wales) as local authorities, chief police officers, police authorities, fire and rescue authorities and primary care trusts in England and health boards in Wales.
158. Paragraph 2 amends section 5 of 1998 Act by including new subsection (6) which enables the appropriate national authority to add to or otherwise change the list of responsible authorities and new subsection (7) which provides a definition for "appropriate national authority" - the Secretary of State in relation to bodies whose functions are not devolved in Wales, the National Assembly for Wales in relation to bodies whose functions are wholly devolved in Wales and both acting jointly in other cases. The paragraph also makes consequential amendments to the section.
159. Paragraph 3 replaces sections 6 and 6A (which provide for the formulation and implementation of crime and disorder reduction strategies) of the 1998 Act with a new section 6. The new section extends the scope of the strategies from the reduction of crime and disorder and the combating of the misuse of drugs to the reduction of crime and disorder (including forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment) and the combating of the misuse of drugs, alcohol and other substances. The new section also enables the appropriate national authority to make regulations making further provision in connection with the formulation, implementation and review of the strategies. These regulations will be known as national standards.
160. Section 17 of the 1998 Act currently states that defined bodies have a duty to do all that they reasonably can to prevent and reduce crime and disorder. Paragraph 4 will also amend the section to enable the appropriate national authority to extend the duty to other persons or bodies as required. The scope of duty is also extended to
include the misuse of drugs, alcohol and other substances, anti-social behaviour and other behaviour adversely affecting the local environment.
161. Paragraph 5 inserts a new section 17A into the 1998 Act. This supplements section 115 which enables information sharing between authorities for the purposes of crime reduction and community safety. New section 17A places specified agencies in England and Wales under a duty to share depersonalised data that is already held in a depersonalised format for the purposes of reducing crime and disorder. The definition of personal data is as set out in the Data Protection Act 1998.
162. Paragraph 6 makes amendments to section 114 of the 1998 Act (orders and regulations) as a consequence of the other amendments made by this Schedule.
163. Paragraph 7 amends section 115 to extend the list of authorities that are enabled to share information for the purposes of crime reduction and community safety, to the London Fire and Emergency Planning Authority, and all other fire and rescue authorities. This will also extend to the additional authorities, the new duty to share depersonalised information under the new Section 17A. The amended section 115 will also enable the appropriate national authority to extend the duty to other persons or bodies by means of secondary legislation.
Clause 15: Role of local authority overview and scrutiny committees
164. This clause inserts new sections 21A and 21B into the Local Government Act 2000.
165. Subsection (1) of new section 21A contains definitions of terms used in the section.
166. Subsection (2) extends the remit of local authority overview and scrutiny committees. The committees will have to review and scrutinise, or make reports or recommendations, regarding the functioning of the Community Safety Partnership ("CSP") under sections 5 and 6 of the Crime and Disorder Act 1998 as amended by this Bill. It also defines overview and scrutiny committee as the "relevant committee" for the purpose of this section.
167. Subsection (3) requires the overview and scrutiny committee to provide a copy of any report or recommendations they make by virtue of section 21A(2)(b) to all the responsible bodies and co-operating bodies in the CSP.
168. Subsection (4) puts ward councillors under a duty to respond to a call for action from anybody living or working in the area which they represent, on a crime and disorder (including anti-social behaviour and behaviour adversely affecting the environment) or substance misuse matter in that area. The ward councillor's response must indicate what (if any) action he or she proposes to take to resolve the matter. The ward councillor may refer any such matter to the scrutiny committee of the council for consideration. The ward councillor will do this when reasonable steps to resolve the problem through more informal means have been taken but have failed. If the councillor does not take the matter forward, then the person raising the matter may refer it to the local authority executive for consideration.
169. Subsection (5) requires the council executive to consider any matter referred to them, and enables them to refer it to the overview and scrutiny committee.
170. Subsection (6) requires the scrutiny committee to consider a crime and disorder matter referred to it by a ward councillor and/or the council executive, and enables the committee to make a report or recommendations on it to the council executive or local authority.
171. Subsection (7) requires the overview and scrutiny committee to send a copy of any report or recommendations made under subsection (6) to such of the responsible authorities and co-operating bodies of the CSP as it considers appropriate.
172. Subsection (8) puts the responsible authorities and co-operating bodies which receive a copy of the report or recommendations under a duty to consider the report or recommendations and respond to the committee indicating what (if any) action they will take. It requires them to have regard to the report or recommendations.
173. Subsection (9) contains further definitions of terms used in the section.
174. Subsection (1) of new section 21B gives the Secretary of State the power to issue guidance regarding the overview and scrutiny of CSPs to either local authorities in England, local councillors of those authorities or to their overview and scrutiny committees directly.
175. Subsection (2) gives a similar power to the National Assembly for Wales, after consultation with the Secretary of State, in relation to Wales.
176. Subsection (3) enables the Secretary of State to make regulations to supplement the provisions of section 21A in relation to local authorities in England. Subsection (4) enables the Secretary of State, after consultation with the National Assembly for Wales, to make similar provision in relation to local authorities in Wales.
177. Subsection (5) provides a non-exhaustive list of matters which might be dealt with in regulations. The regulations may include provisions in relation to co-option of members to the overview and scrutiny committee, the frequency with which the scrutiny committee should scrutinise the functioning of the CSP, what information can be sought by the committee, requiring representatives of co-operating bodies or responsible authorities to attend before the committee to answer questions, the period within which the council executive and/or councillor must respond to a matter referred to it by a complainant, the period within which the committee should consider a matter referred by the councillor or council executive, and the period within which the responsible authorities and co-operating bodies should respond to a report or recommendations made by the committee.
178. Subsection (6) allows the regulations to give co-opted members of overview and scrutiny committees voting rights on the committee.
179. Subsection (7) provides that the terms "relevant committee", "responsible authority" and "co-operating body" within section 21B have the same meaning as in section 21A.
|© Parliamentary copyright 2006||Prepared: 25 January 2006|