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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(a)
that the power of the local authority to make the 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
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conditions as the local authority thinks appropriate.
(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;
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(b)
either generally or in such cases or areas as may be so specified.
(4)
An order under this section 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.
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(5)
The Secretary of State or (as the case may be) the National Assembly for
Wales must not make an order under this section without first
consulting—
(a)
such representatives of local government as appear to be
appropriate;
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(b)
such other persons as appear to be appropriate.
(6)
Any arrangements made by a local authority in pursuance of an order
under this section do not prevent the local authority from exercising the
function to which the arrangements relate.
(7)
The following provisions of the Deregulation and Contracting Out Act
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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);
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(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).
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(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 is to 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.
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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.”

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
21

Injunctions
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Anti-social behaviour injunctions
For section 153A of the Housing Act 1996 (c. 52) there is substituted—
“153A
Anti-social behaviour injunction
(1)
In this section—
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“anti-social behaviour injunction” means an injunction that
prohibits the person in respect of whom it is granted from
engaging in housing-related anti-social conduct of a kind
specified in the injunction;
“anti-social conduct” means conduct capable of causing nuisance
10
or annoyance to some person (who need not be a particular
identified person);
“conduct” means conduct anywhere;
“housing-related” means directly or indirectly relating to or
affecting the housing management functions of a relevant
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landlord.
(2)
The court on the application of a relevant landlord may grant an anti-
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
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conduct capable of causing a nuisance or annoyance to—
(a)
a person with a right (of whatever description) to reside in or
occupy housing accommodation owned or managed by a
relevant landlord,
(b)
a person with a right (of whatever description) to reside in or
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occupy other housing accommodation in the neighbourhood of
housing accommodation mentioned in paragraph (a),
(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
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connection with the exercise of a relevant landlord’s housing
management functions.
(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,
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may (in particular) be described by reference—
(a)
to persons generally,
(b)
to persons of a description specified in the injunction, or
(c)
to persons, or a person, specified in the injunction.”
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Injunctions in local authority proceedings: power of arrest and remand
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(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
protection of the interests of inhabitants of their area).

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
22

(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
power of arrest and the court thinks that either—
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(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.
(4)
Where a power of arrest is attached to any provision of an injunction under
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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.
(6)
Where a person is arrested under subsection (4)—
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(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.
(7)
For the purposes of subsection (6), when calculating the period of 24 hours
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referred to in paragraph (a) of that subsection, no account shall be taken of
Christmas Day, Good Friday or any Sunday.
(8)
Schedule 8 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
power to remand a person under subsection (6) may be exercised for the
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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
(b)
for more than four weeks at a time in any other case.
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(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
condition) as the Crown Court has under that section in the case of an accused
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person within the meaning of that section.
(12)
For the purposes of this section—
(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
40
Government Act 1972 (c. 70);
(c)
“the court” means the High Court or a county court and includes—
(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.
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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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Part 4
Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
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,
5
Community Safety and Custody.
(2)
The person so appointed is referred to in this Part as “the Chief Inspector”.
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
10
ministers on, the operation of—
(a)
the courts system in England and Wales;
(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
15
State, the Lord Chancellor and the Attorney General.
(2)
“The courts system” means—
(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.
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The responsible ministers may by order amend paragraph (a) so as to add or
remove a court.
(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
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than police forces;
(b)
the carrying out by police authorities of their functions;
(c)
the carrying out of functions concerned with the prevention or
reduction of—
(i)
crime and disorder (including anti-social and other behaviour
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adversely affecting the local environment), and
(ii)
the misuse of drugs, alcohol and other substances;
(d)
criminal proceedings;
(e)
proceedings for the forfeiture of property obtained from or held in
connection with criminal conduct;
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(f)
the carrying out of functions exercisable by the Director of Public
Prosecutions;
(g)
the provision of support or help for—
(i)
victims,
(ii)
persons associated with victims, and
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(iii)
witnesses;

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
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(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
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
5
with;
(j)
the carrying out of functions concerned with the way in which persons
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—
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(a)
powers of entry;
(b)
powers to search persons or property;
(c)
powers to seize or detain property;
(d)
powers to arrest persons;
(e)
powers to detain persons;
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(f)
powers to examine persons or otherwise to obtain information
(including powers to take fingerprints or to acquire other personal
data);
(g)
powers in connection with the removal of persons from the United
Kingdom.
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(5)
Subject to—
(a)
subsections (6) to (8),
(b)
sections 25 and 27,
(c)
a provision of any other Act corresponding to paragraph 10 of Schedule
9, and
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(d)
any provision not contained in this Part conferring functions, or
enabling functions to be conferred, on the Chief Inspector,

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—
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(a)
to inspect the carrying out of functions by a person or body that—
(i)
is not a public authority, and
(ii)
is not carrying out those functions on behalf of or by
arrangement with a public authority;
(b)
to inspect persons—
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(i)
making judicial decisions, or
(ii)
exercising any judicial discretion;
(c)
to do anything that he is required to do by or under any enactment not
contained in this Part.
(7)
The Chief Inspector is not to carry out an inspection under this section into
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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
subject to inspection under this section.
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(9)
In this section—

Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
25

“immigration officer” means a person appointed as an immigration
officer under paragraph 1 of Schedule 2 to the Immigration Act 1971
(c. 77);
“victim” and “witness” have the meaning given by section 52 of the
Domestic Violence, Crime and Victims Act 2004 (c. 28).
5
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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.

He shall in particular report to the responsible ministers on the treatment of
prisoners and conditions in prisons.
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(2)
Subsection (1) applies to—
(a)
young offender institutions in England and Wales,
(b)
custody areas at Crown Courts, county courts and magistrates’ courts
in England and Wales, and
(c)
custody areas at police stations in England and Wales,
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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.
(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
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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
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
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prisoners in England and Wales.
(6)
In its application by virtue of subsection (3) or (5), subsection (1) applies with
any necessary modifications.
(7)
This section does not entitle the Chief Inspector to inspect—
(a)
the making of judicial decisions, or
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(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).
(8)
The responsible ministers may by order amend this section so as to make it
apply or cease to apply—
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(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.
(9)
An order under subsection (8) may not—
(a)
prevent this section from applying to prisons, young offender
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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
Scottish Parliament to make provision for inspection of that category of
place, institution or arrangements.
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Police and Justice Bill
Part 4 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
26

(10)
In this section—
“immigration escort arrangements” means arrangements made by the
Secretary of State under section 156 of the Immigration and Asylum Act
1999 (c. 33);
“prison” does not include a naval, military or air force prison;
5
“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 facility” have the meaning
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
10
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
(1)
The responsible ministers may by order confer on the Chief Inspector
functions, other than inspection functions, in relation to anything that is, or is
15
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.
(3)
An order under this section may include provision amending—
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(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)),

whenever passed or made.
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(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—
(a)
the Lord Chief Justice;
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(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;
(c)
the Commission for Healthcare Audit and Inspection;
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(d)
the Commission for Social Care Inspection;
(e)
the Audit Commission.
(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.
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(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
National Assembly for Wales.