Police and Justice Bill

House of Commons

Session 2005 - 06
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Police and Justice Bill

Police and Justice Bill
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Fixed penalty notices
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Accreditation of weights and measures inspectors
(1)
After section 41 of the Police Reform Act 2002 (c. 30) there is inserted—
“41A
Accreditation of weights and measures inspectors
(1)
The chief officer of police of any police force may, on the making of an
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application for the purpose by such person and in such manner as he
may require, grant accreditation under this section to a weights and
measures inspector.
(2)
A weights and measures inspector to whom an accreditation under this
section is granted by a chief officer of police may exercise the powers
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conferred by the accreditation in the chief officer’s police area.
(3)
Schedule 5A (which sets out the powers that may be conferred on
inspectors accredited under this section) shall have effect.
(4)
A chief officer of police shall not grant accreditation to a weights and
measures inspector under this section unless he is satisfied that—
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(a)
the inspector is a suitable person to exercise the powers that will
be conferred on him by virtue of the accreditation; and
(b)
the inspector has received adequate training for the exercise of
those powers.
(5)
A chief officer of police may charge such fee as he considers
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appropriate for one or both of the following—
(a)
considering an application for or for the renewal of an
accreditation under this section;
(b)
granting an accreditation under this section.
(6)
A weights and measures inspector authorised or required to do
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anything by virtue of an accreditation under this section—
(a)
shall not be authorised or required by virtue of that
accreditation to engage in any conduct otherwise than in the
course of his duties as a weights and measures inspector; and
(b)
shall be so authorised or required subject to such other
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restrictions and conditions (if any) as may be specified in his
accreditation.
(7)
An accreditation under this section, unless it is previously withdrawn
or ceases to have effect in accordance with subsection (8), shall remain
in force for such period as may be specified in the accreditation, but it
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may be renewed at any time with effect from the time when it would
otherwise expire.
(8)
An accreditation under this section shall cease to have effect if the
accredited inspector ceases to hold office as a weights and measures
inspector.”
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(2)
After Schedule 5 to that Act there is inserted the Schedule set out in Schedule
5 to this Act.

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Power to apply accreditation provisions
After section 41A of the Police Reform Act 2002 (c. 30) (inserted by section 10
above) there is inserted—
“41B
Power to apply accreditation provisions
(1)
The Secretary of State may by order provide for section 41A and any
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other provision of this Chapter relating to accredited inspectors to
apply (with or without modification) in relation to persons of a
description specified in the order.
(2)
The provision which may be made by an order under this section
includes such modifications of other enactments as appear to the
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Secretary of State to be necessary or appropriate.
(3)
No order shall be made under this section unless a draft of it has been
laid before and approved by a resolution of each House of Parliament.”
Conditional cautions
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Conditional cautions: types of condition
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(1)
Part 3 of the Criminal Justice Act 2003 (c. 44) (conditional cautions) is amended
as follows.
(2)
In section 22, for subsection (3) (types of conditions that may be attached to
cautions) there is substituted—
“(3)
The conditions which may be attached to such a caution are those
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which have one or more of the following objects—
(a)
facilitating the rehabilitation of the offender;
(b)
ensuring that the offender makes reparation for the offence;
(c)
punishing the offender.”
(3)
After that subsection there is inserted—
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“(3A)
The conditions which may be attached to a conditional caution
include—
(a)
a condition that the offender pay a financial penalty (as to which
see section 23A);
(b)
a condition that the offender attend at a specified place at
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specified times.

“Specified” means specified by a relevant prosecutor.
(3B)
Conditions attached by virtue of subsection (3A)(b) may not require the
offender to attend for more than 20 hours in total, not including any
attendance required by conditions attached for the purpose of
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facilitating the offender’s rehabilitation.
(3C)
The Secretary of State may by order amend subsection (3B) by
substituting a different figure.”
(4)
After section 23 (requirements for conditional caution to be given) there is

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inserted—
“23A
Financial penalties
(1)
This section applies where a conditional caution given in respect of an
offence has attached to it a condition that the offender pay a financial
penalty.
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(2)
A relevant prosecutor must specify the amount of the penalty.
(3)
The amount must not exceed—
(a)
one quarter of the amount of the maximum fine for which a
person is liable on summary conviction of the offence, or
(b)
£500,
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whichever is the lower.
(4)
The Secretary of State may by order amend subsection (3) by—
(a)
substituting a different fraction in paragraph (a);
(b)
substituting a different figure in paragraph (b).
(5)
The relevant prosecutor must also specify—
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(a)
the designated officer for a local justice area to whom the
penalty is to be paid, and
(b)
the address of that officer.
(6)
To comply with the condition, the offender must pay the penalty to the
specified officer.
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(7)
The offender may pay a sum in respect of the penalty by pre-paying
and posting a letter containing that sum (in cash or otherwise) to the
address specified under subsection (5)(b).
(8)
If a person—
(a)
claims to have made payment by the method described in
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subsection (7), and
(b)
shows that his letter was posted,

then, unless the contrary is proved, payment is to be regarded as made
at the time at which the letter would be delivered in the ordinary course
of post.
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(9)
Subsection (7) is not to be read as preventing payment by other means.”
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Arrest for failing to comply with conditional caution
(1)
In Part 3 of the Criminal Justice Act 2003 (c. 44) (conditional cautions), after
section 24 there is inserted—
“24A
Arrest for failure to comply
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(1)
If a constable has reasonable grounds for believing that the offender has
failed, without reasonable excuse, to comply with any of the conditions
attached to the conditional caution, he may arrest him without warrant.
(2)
A person arrested under this section must be—
(a)
charged with the offence in question,
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(b)
released without charge and on bail to enable a decision to be
made as to whether he should be charged with the offence, or

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(c)
released without charge and without bail (with or without any
variation in the conditions attached to the caution).
(3)
Subsection (2) also applies in the case of—
(a)
a person who, having been released on bail under subsection
(2)(b), returns to a police station to answer bail or is otherwise
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in police detention at a police station;
(b)
a person who, having been released on bail under section 30A
of the 1984 Act (bail elsewhere than at police station) as applied
by section 24B below, attends at a police station to answer bail
or is otherwise in police detention at a police station;
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(c)
a person who is arrested under section 30D or 46A of the 1984
Act (power of arrest for failure to answer to police bail) as
applied by section 24B below.
(4)
Where a person is released under subsection (2)(b), the custody officer
must inform him that he is being released to enable a decision to be
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made as to whether he should be charged with the offence in question.
(5)
A person arrested under this section, or any other person in whose case
subsection (2) applies, may be kept in police detention—
(a)
to enable him to be dealt with in accordance with that
subsection, or
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(b)
where applicable, to enable the power under section 37D(1) of
the 1984 Act (power of custody officer to appoint a different or
additional time for answering to police bail), as applied by
section 24B below, to be exercised.

If the person is not in a fit state to enable him to be so dealt with, or to
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enable that power to be exercised, he may be kept in police detention
until he is.
(6)
The power under subsection (5)(a) includes power to keep the person
in police detention if it is necessary to do so for the purpose of
investigating whether he has failed, without reasonable excuse, to
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comply with any of the conditions attached to the conditional caution.
(7)
Subsection (2) must be complied with as soon as practicable after the
person arrested arrives at the police station or, in the case of a person
arrested at the police station, as soon as practicable after the arrest.
(8)
Subsection (2) does not require a person who—
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(a)
falls within subsection (3)(a) or (b), and
(b)
is in police detention in relation to a matter other than the
conditional caution,

to be released if he is liable to be kept in detention in relation to that
other matter.
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(9)
In this Part—
“the 1984 Act” means the Police and Criminal Evidence Act 1984;
“police detention” has the same meaning as in the 1984 Act (see
section 118(2) of that Act).
24B
Application of PACE provisions
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(1)
In the case of a person arrested under section 24A, the provisions of the
1984 Act specified in subsection (2) apply, with the modifications

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specified in subsection (3) and with such further modifications as are
necessary, as they apply in the case of a person arrested for an offence.
(2)
The provisions are—
(a)
section 30 (arrest elsewhere than at police station);
(b)
sections 30A to 30D (bail elsewhere than at police station);
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(c)
section 31 (arrest for further offence);
(d)
section 34(1) to (5) (limitations on police detention);
(e)
section 36 (custody officers at police stations);
(f)
section 37(4) to (6) (record of grounds for detention);
(g)
section 38 (duties of custody officer after charge);
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(h)
section 39 (responsibilities in relation to persons detained);
(i)
section 55A (x-rays and ultrasound scans).
(3)
The modifications are—
(a)
in section 30CA(5)(a), for the reference to being involved in the
investigation of the offence mentioned in that provision
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substitute a reference to being involved—
(i)
in the investigation of the offence in respect of which the
person was given the conditional caution, or
(ii)
in investigating whether the person has failed, without
reasonable excuse, to comply with any of the conditions
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attached to the conditional caution;
(b)
in section 36(5) and (7), for the references to being involved in
the investigation of an offence for which the person is in police
detention substitute references to being involved—
(i)
in the investigation of the offence in respect of which the
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person was given the conditional caution, or
(ii)
in investigating whether the person has failed, without
reasonable excuse, to comply with any of the conditions
attached to the conditional caution;
(c)
in section 38(1)(a)(iii) and (iv), for “arrested for” substitute
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“charged with”;
(d)
in section 39(2) and (3), for the references to an offence
substitute references to a failure to comply with conditions
attached to the conditional caution.
(4)
Section 40 of the 1984 Act (review of police detention) applies to a
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person in police detention by virtue of section 24A above as it applies
to a person in police detention in connection with the investigation of
an offence, but with the following modifications—
(a)
omit subsections (8) and (8A);
(b)
in subsection (9), for the reference to section 37(9) or 37D(5)
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substitute a reference to the second sentence of section 24A(5)
above.
(5)
The following provisions of the 1984 Act apply to a person released on
bail under section 24A(2)(b) above as they apply to a person released on
bail under section 37 of that Act—
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(a)
section 37D(1) to (3) (power of custody officer to appoint a
different or additional time for answering to police bail);
(b)
section 46A (power of arrest for failure to answer to police bail);
(c)
section 47 (bail after arrest).

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(6)
Section 54 of the 1984 Act (searches of detained persons) applies in the
case of a person who falls within subsection (3) of section 24A above
and is detained in a police station under that section as it applies in the
case of a person who falls within section 34(7) of that Act and is
detained at a police station under section 37.
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(7)
Section 54A of the 1984 Act (searches and examination to ascertain
identity) applies with the following modifications in the case of a
person who is detained in a police station under section 24A above—
(a)
in subsections (1)(a) and (12), after “as a person involved in the
commission of an offence” insert “or as having failed to comply
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with any of the conditions attached to his conditional caution”;
(b)
in subsection (9)(a), after “the investigation of an offence” insert
“, the investigation of whether the person in question has failed
to comply with any of the conditions attached to his conditional
caution”.”
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(2)
The reference in subsection (1) of section 24A of the Criminal Justice Act 2003
(c. 44) (inserted by subsection (1) above) to a failure to comply with conditions
attached to a conditional caution is to any such failure occurring on or after the
day on which this section comes into force.
Part 3
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Crime and anti-social behaviour
Crime and disorder
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Local authority scrutiny of crime and disorder matters
(1)
Every local authority shall ensure that it has a committee (the “crime and
disorder committee”) with power—
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(a)
to review or scrutinise decisions made, or other action taken, in
connection with the discharge by the responsible authorities of their
crime and disorder functions;
(b)
to make reports or recommendations to the local authority with respect
to the discharge of those functions.
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“The responsible authorities” means the bodies and persons who are
responsible authorities within the meaning given by section 5 of the Crime and
Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder
strategies) in relation to the local authority’s area.
(2)
Where by virtue of subsection (1)(b) the crime and disorder committee makes
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a report or recommendations it shall provide a copy—
(a)
to each of the responsible authorities, and
(b)
to each of the persons with whom, and bodies with which, the
responsible authorities have a duty to co-operate under section 5(2) of
the Crime and Disorder Act 1998 (“the co-operating persons and
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bodies”).
(3)
Where a member of a local authority (“the councillor”) is asked to consider a
local crime and disorder matter by a person who lives or works in the area that
the councillor represents—

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(a)
the councillor shall consider the matter and respond to the person who
asked him to consider it, indicating what (if any) action he proposes to
take;
(b)
the councillor may refer the matter to the crime and disorder
committee.
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In this subsection and subsections (4) to (6) “local authority” does not include
the county council for an area for which there are district councils.
(4)
Where a member of a local authority operating executive arrangements
declines to refer a matter to the crime and disorder committee under
subsection (3)(b), the person who asked him to consider it may refer the matter
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to the executive of that authority.
(5)
Where a matter is referred under subsection (4) to the executive of a local
authority—
(a)
the executive shall consider the matter and respond to the person who
referred the matter to it, indicating what (if any) action it proposes to
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take;
(b)
the executive may refer the matter to the crime and disorder committee.
(6)
The crime and disorder committee shall consider any local crime and disorder
matter—
(a)
referred to it by a member of the local authority in question (whether
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under subsection (3)(b) or not), or
(b)
referred to it under subsection (5),

and may make a report or recommendations to the local authority with respect
to it.
(7)
Where the crime and disorder committee makes a report or recommendations
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under subsection (6) it shall provide a copy to such of the responsible
authorities and to such of the co-operating persons and bodies as it thinks
appropriate.
(8)
An authority, person or body to which a copy of a report or recommendations
is provided under subsection (2) or (7) shall—
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(a)
consider the report or recommendations;
(b)
respond to the crime and disorder committee indicating what (if any)
action it proposes to take;
(c)
have regard to the report or recommendations in exercising its
functions.
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(9)
In the case of a local authority operating executive arrangements—
(a)
the crime and disorder committee is to be an overview and scrutiny
committee of the authority (within the meaning of Part 2 of the Local
Government Act 2000 (c. 22));
(b)
a reference in subsection (1)(b) or (6) to making a report or
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recommendations to the local authority is to be read as a reference to
making a report or recommendations to the local authority or the
executive.
(10)
Schedule 6 (which makes further provision, corresponding to that made by
section 21 of the Local Government Act 2000, about the crime and disorder
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committees of local authorities not operating executive arrangements) has
effect.
(11)
In this section—