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
13

“crime and disorder functions” means functions conferred by or under
section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and
implementation of crime and disorder strategies);
“executive arrangements” means executive arrangements under Part 2 of
the Local Government Act 2000 (c. 22);
5
“local authority” means—
(a)
in relation to England, a county council, a district council, a
London borough council, the Common Council of the City of
London or the Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or a county borough
10
council;
“local crime and disorder matter”, in relation to a member of a local
authority, means a matter concerning—
(a)
crime and disorder (including in particular forms of crime and
disorder that involve anti-social behaviour or other behaviour
15
adversely affecting the local environment) in the area
represented by the member, or
(b)
the misuse of drugs, alcohol and other substances in that area.
15
Guidance and regulations regarding crime and disorder matters
(1)
The Secretary of State may issue guidance to—
20
(a)
local authorities in England,
(b)
members of those authorities, and
(c)
crime and disorder committees of those authorities,

with regard to the exercise of their functions under section 14.
(2)
The National Assembly for Wales, after consulting the Secretary of State, may
25
issue guidance to—
(a)
local authorities in Wales,
(b)
members of those authorities, and
(c)
crime and disorder committees of those authorities,

with regard to the exercise of their functions under section 14.
30
(3)
The Secretary of State may by regulations make provision supplementing that
made by section 14 in relation to local authorities in England.
(4)
The Secretary of State, after consulting the National Assembly for Wales, may
by regulations make provision supplementing that made by section 14 in
relation to local authorities in Wales.
35
(5)
Regulations under subsection (3) or (4) may in particular make provision—
(a)
as to the co-opting of additional members to serve on the crime and
disorder committee of a local authority;
(b)
as to the frequency with which the power mentioned in section 14(1)(a)
is to be exercised;
40
(c)
requiring information to be provided to the crime and disorder
committee by the responsible authorities and the co-operating persons
and bodies;
(d)
imposing restrictions on the provision of information to the crime and
disorder committee by the responsible authorities and the co-operating
45
persons and bodies;

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
14

(e)
requiring officers or employees of the responsible authorities and the
co-operating persons and bodies to attend before the crime and
disorder committee to answer questions;
(f)
specifying how a person is to refer a matter to a member of a local
authority, or to the executive of a local authority, under section 14(3) or
5
(4);
(g)
specifying the periods within which—
(i)
a member of a local authority is to deal with a request under
section 14(3);
(ii)
the executive of a local authority is to deal with a matter
10
referred under section 14(4);
(iii)
the crime and disorder committee is to deal with a matter
referred as mentioned in section 14(6);
(iv)
the responsible authorities and the co-operating persons and
bodies are to consider and respond to a report or
15
recommendations made under or by virtue of section 14.
(6)
Regulations made by virtue of subsection (5)(a) may provide for a person co-
opted to serve as a member of a crime and disorder committee to have the same
entitlement to vote as any other member.
(7)
In this section “local authority”, “crime and disorder committee”, “responsible
20
authorities” and “co-operating persons and bodies” have the same meaning as
in section 14.
16
Joint crime and disorder committees
In section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible
for crime and disorder strategies), after subsection (1B) there is inserted—
25
“(1C)
An order under subsection (1A) above—
(a)
may require the councils for the local government areas in
question to appoint a joint committee of those councils (the
“joint crime and disorder committee”) and to arrange for crime
and disorder scrutiny functions in relation to any (or all) of
30
those councils to be exercisable by that committee;
(b)
may make provision applying any of the relevant provisions,
with or without modifications, in relation to a joint crime and
disorder committee.
(1D)
In subsection (1C)—
35
“crime and disorder scrutiny functions”, in relation to a council,
means functions that are, or, but for an order under subsection
(1A) above, would be, exercisable by the crime and disorder
committee of the council under section 14 of the Police and
Justice Act 2006 (local authority scrutiny of crime and disorder
40
matters);
“the relevant provisions” means—
(a)
section 14 of the Police and Justice Act 2006;
(b)
section 15 of that Act and any regulations made under
that section;
45
(c)
Schedule 6 to that Act;
(d)
section 21 of the Local Government Act 2000.”

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
15

17
Amendments to the Crime and Disorder Act 1998
Schedule 7 (which contains amendments to the Crime and Disorder Act 1998
(c. 37) in relation to crime and disorder strategies and other matters relating to
the reduction of crime and disorder) has effect.
Parenting contracts and parenting orders
5
18
Parenting contracts: local authorities and registered social landlords
(1)
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities),
after section 25 there is inserted—
“25A
Parenting contracts in respect of anti-social behaviour: local
authorities
10
(1)
A local authority may enter into a parenting contract with a parent of a
child or young person if—
(a)
the local authority has reason to believe that the child or young
person has engaged, or is likely to engage, in anti-social
behaviour, and
15
(b)
the child or young person resides, or appears to reside, in the
local authority’s area.
(2)
A parenting contract is a document which contains—
(a)
a statement by the parent that he agrees to comply with such
requirements as may be specified in the document for such
20
period as may be so specified, and
(b)
a statement by the local authority that it agrees to provide
support to the parent for the purpose of complying with those
requirements.
(3)
The requirements mentioned in subsection (2)(a) may include (in
25
particular) a requirement to attend a counselling or guidance
programme.
(4)
The purpose of the requirements mentioned in subsection (2)(a) is to
prevent the child or young person from engaging in anti-social
behaviour or further anti-social behaviour.
30
(5)
A parenting contract must be signed by the parent and signed on behalf
of the local authority.
(6)
A parenting contract does not create any obligations in respect of
whose breach any liability arises in contract or in tort.
(7)
In carrying out their functions in relation to parenting contracts—
35
(a)
local authorities in England shall have regard to any guidance
which is issued by the Secretary of State from time to time for
that purpose;
(b)
local authorities in Wales shall have regard to any guidance
which is issued by the National Assembly for Wales from time
40
to time for that purpose.

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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25B
Parenting contracts in respect of anti-social behaviour: registered
social landlords
(1)
A registered social landlord may enter into a parenting contract with a
parent of a child or young person if—
(a)
the registered social landlord has reason to believe that the child
5
or young person—
(i)
has engaged in anti-social behaviour, or
(ii)
is likely to engage in such behaviour,

and
(b)
that behaviour directly or indirectly relates to or affects the
10
housing management functions of the registered social landlord
(or, where paragraph (a)(ii) applies, would do so if the
behaviour were engaged in).
(2)
A parenting contract is a document which contains—
(a)
a statement by the parent that he agrees to comply with such
15
requirements as may be specified in the document for such
period as may be so specified, and
(b)
a statement by the registered social landlord that it agrees to
make arrangements for the provision of support to the parent
for the purpose of complying with those requirements.
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(3)
The requirements mentioned in subsection (2)(a) may include (in
particular) a requirement to attend a counselling or guidance
programme.
(4)
The purpose of the requirements mentioned in subsection (2)(a) is to
prevent the child or young person from engaging in anti-social
25
behaviour or further anti-social behaviour.
(5)
A parenting contract must be signed by the parent and signed on behalf
of the registered social landlord.
(6)
A parenting contract does not create any obligations in respect of
whose breach any liability arises in contract or in tort.
30
(7)
In carrying out their functions in relation to parenting contracts—
(a)
registered social landlords on the register maintained by the
Housing Corporation shall have regard to any guidance which
is issued by the Secretary of State from time to time for that
purpose;
35
(b)
registered social landlords on the register maintained by the
National Assembly for Wales shall have regard to any guidance
which is issued by the Assembly from time to time for that
purpose.”
(2)
In section 29(1) of that Act (interpretation of sections 25 to 29) the following
40
definitions are inserted at the appropriate places—
““housing accommodation” has the meaning given by section 153E(9) of
the Housing Act 1996;”;
““housing management functions”, in relation to a registered social
landlord, include—
45
(a)
functions conferred by or under any enactment;
(b)
the powers and duties of the landlord as the holder of an estate
or interest in housing accommodation;”;

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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““local authority” means—
(a)
a county council in England;
(b)
a metropolitan district council;
(c)
a non-metropolitan district council for an area for which there is
no county council;
5
(d)
a London borough council;
(e)
the Common Council of the City of London;
(f)
the Council of the Isles of Scilly;
(g)
a county council or county borough council in Wales;”;
““registered social landlord” means a body registered as such under
10
Chapter 1 of Part 1 of the Housing Act 1996;”.
19
Parenting orders: local authorities and registered social landlords
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities),
after section 26 there is inserted—
“26A
Parenting orders in respect of anti-social behaviour: local authorities
15
(1)
A local authority may apply for a parenting order in respect of a parent
of a child or young person if—
(a)
the local authority has reason to believe that the child or young
person has engaged in anti-social behaviour, and
(b)
the child or young person resides, or appears to reside, in the
20
local authority’s area.

An application for such an order may be made to a magistrates’ court
or, where section 26C so allows, to a county court.
(2)
If such an application is made, the court may make a parenting order in
respect of a parent of the child or young person if it is satisfied—
25
(a)
that the child or young person has engaged in anti-social
behaviour, and
(b)
that making the order would be desirable in the interests of
preventing the child or young person from engaging in further
anti-social behaviour.
30
(3)
A parenting order is an order which requires the parent—
(a)
to comply, for a period not exceeding twelve months, with such
requirements as are specified in the order, and
(b)
subject to subsection (4), to attend, for a concurrent period not
exceeding three months, such counselling or guidance
35
programme as may be specified in directions given by the
responsible officer.
(4)
A parenting order under this section may, but need not, include a
requirement mentioned in subsection (3)(b) in any case where a
parenting order under this section or any other enactment has been
40
made in respect of the parent on a previous occasion.
(5)
A counselling or guidance programme which a parent is required to
attend by virtue of subsection (3)(b) may be or include a residential
course but only if the court is satisfied that the following two conditions
are fulfilled.
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Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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(6)
The first condition is that the attendance of the parent at a residential
course is likely to be more effective than his attendance at a non-
residential course in preventing the child or young person from
engaging in further anti-social behaviour.
(7)
The second condition is that any interference with family life which is
5
likely to result from the attendance of the parent at a residential course
is proportionate in all the circumstances.
26B
Parenting orders in respect of anti-social behaviour: registered social
landlords
(1)
A registered social landlord may apply for a parenting order in respect
10
of a parent of a child or young person if—
(a)
the registered social landlord has reason to believe that the child
or young person has engaged in anti-social behaviour, and
(b)
the behaviour in question directly or indirectly relates to or
affects the housing management functions of the registered
15
social landlord.

An application for such an order may be made to a magistrates’ court
or, where section 26C so allows, to a county court.
(2)
If such an application is made, the court may make a parenting order in
respect of a parent of the child or young person if it is satisfied—
20
(a)
that the child or young person has engaged in anti-social
behaviour, and
(b)
that making the order would be desirable in the interests of
preventing the child or young person from engaging in further
anti-social behaviour.
25
(3)
A parenting order is an order which requires the parent—
(a)
to comply, for a period not exceeding twelve months, with such
requirements as are specified in the order, and
(b)
subject to subsection (4), to attend, for a concurrent period not
exceeding three months, such counselling or guidance
30
programme as may be specified in directions given by the
responsible officer.
(4)
A parenting order under this section may, but need not, include a
requirement mentioned in subsection (3)(b) in any case where a
parenting order under this section or any other enactment has been
35
made in respect of the parent on a previous occasion.
(5)
A counselling or guidance programme which a parent is required to
attend by virtue of subsection (3)(b) may be or include a residential
course but only if the court is satisfied that the following two conditions
are fulfilled.
40
(6)
The first condition is that the attendance of the parent at a residential
course is likely to be more effective than his attendance at a non-
residential course in preventing the child or young person from
engaging in further anti-social behaviour.
(7)
The second condition is that any interference with family life which is
45
likely to result from the attendance of the parent at a residential course
is proportionate in all the circumstances.

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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(8)
A registered social landlord must not make an application under this
section without first consulting the local authority in whose area the
child or young person in question resides or appears to reside.
26C
Applications under section 26A or 26B in county court proceedings
(1)
Where a local authority or registered social landlord (a “relevant
5
authority”)—
(a)
is a party to proceedings in a county court, and
(b)
considers that a party to those proceedings is a person in
relation to whom it would be reasonable for it to make an
application for a parenting order under section 26A or 26B (a
10
“parenting order application”),

it may make such an application to that court in relation to that person.
(2)
Where—
(a)
a relevant authority considers that a party to proceedings in a
county court is a person in relation to whom it would be
15
reasonable for it to make a parenting order application, but
(b)
the relevant authority is not a party to those proceedings,

it may apply to be joined to those proceedings to enable it to make a
parenting order application.
(3)
Where—
20
(a)
there are proceedings in a county court to which a relevant
authority is a party, and
(b)
the relevant authority considers that a child or young person
has engaged in anti-social behaviour that is material in relation
to the proceedings,
25

the relevant authority may apply for a person who is a parent of the
child or young person to be joined to the proceedings to enable it to
make a parenting order application in relation to him.
(4)
A person must not be joined to proceedings in pursuance of subsection
(3) unless the anti-social behaviour in question is material in relation to
30
those proceedings.”
20
Contracting out of local authority functions with regard to parenting contracts
and parenting orders
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities),
after section 28 there is inserted—
35
“28A
Contracting out of local authority functions
(1)
An order made by—
(a)
the Secretary of State as regards local authorities in England, or
(b)
the National Assembly for Wales as regards local authorities in
Wales,
40

may provide that a local authority may make arrangements with a
person who is specified in the order, or is of a description so specified,
for the exercise of any function it has under or by virtue of section 25A
or 26A.
(2)
The order may provide—
45