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
Schedule 2 — Amendments to the Police Act 1996
74

(a)
for “an objective has been determined under section 37” there is
substituted “a strategic priority has been determined under section
37A”;
(b)
for “to achieve the objective” there is substituted “to give effect to
that priority”.
5
      (3)
In subsection (2), for “section 37” there is substituted “section 37A”.
      (4)
After subsection (4) there is inserted—
“(5)
A police authority that is given a direction under this section shall
comply with it.”
Power to give directions to police authority or chief officer of police
10
24
For section 40 (power to give directions to police authority) there is
substituted—
“40
Power to give directions in relation to police force
(1)
Where the Secretary of State is satisfied that the whole or any part of
a police force is failing to discharge any of its functions in an effective
15
manner, whether generally or in particular respects, he may direct—
(a)
the chief officer of police of the force,
(b)
the police authority responsible for maintaining the force, or
(c)
both of them,

to take specified measures for the purpose of remedying the failure.
20
(2)
Where the Secretary of State is satisfied that the whole or a part of a
police force will fail to discharge any of its functions in an effective
manner, whether generally or in particular respects, unless remedial
measures are taken, he may direct—
(a)
the chief officer of police of the force,
25
(b)
the police authority responsible for maintaining the force, or
(c)
both of them,

to take specified measures in order to prevent such a failure
occurring.
(3)
The measures that may be specified in a direction under subsection
30
(1) or (2) include the submission to the Secretary of State of an action
plan setting out the measures which the person or persons
submitting the plan propose to take for the purpose of remedying the
failure in question or (as the case may be) preventing such a failure
occurring.
35
(4)
The Secretary of State shall not give a direction under this section in
relation to any police force unless—
(a)
the police authority responsible for maintaining the force and
the chief officer of police of that force have each been given
such information about the Secretary of State’s grounds for
40
proposing to give that direction as he considers appropriate
for enabling them to make representations or proposals
under the following paragraphs of this subsection;
(b)
that police authority and chief officer have each been given
an opportunity of making representations about those
45
grounds;

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
75

(c)
that police authority and chief officer have each had an
opportunity of making proposals for the taking of remedial
measures that would make the giving of the direction
unnecessary; and
(d)
the Secretary of State has considered any such
5
representations and any such proposals.
(5)
Subsection (4) does not apply if the Secretary of State is satisfied
that—
(a)
the police authority responsible for maintaining the force and
the chief officer of police of that force have already been
10
made aware of the matters constituting the Secretary of
State’s grounds for proposing to give a direction under this
section;
(b)
the information they had about those matters was sufficient
to enable them to identify remedial measures that would
15
have made the giving of the direction unnecessary; and
(c)
they have each had a reasonable opportunity to take such
measures.
(6)
Where—
(a)
a police authority responsible for maintaining a police force
20
requests the Secretary of State to give a direction under this
section to the chief officer of police of that force, and
(b)
the Secretary of State declines to do so,

the Secretary of State shall give reasons for his decision to the police
authority.
25
(7)
A chief officer of police or police authority that is given a direction
under this section shall comply with it.
(8)
Nothing in this section shall authorise the Secretary of State—
(a)
to require a chief officer of police to do or not to do anything
in a particular case identified for the purposes of the
30
requirement, or in relation to a particular person so
identified; or
(b)
to direct the inclusion of any such requirement in an action
plan.
40A
Power to give directions in relation to police authority
35
(1)
Where the Secretary of State is satisfied that a police authority is
failing to discharge any of its functions in an effective manner,
whether generally or in particular respects, he may direct the police
authority to take specified measures for the purpose of remedying
the failure.
40
(2)
Where the Secretary of State is satisfied that a police authority will
fail to discharge any of its functions in an effective manner, whether
generally or in particular respects, unless remedial measures are
taken, he may direct the police authority to take specified measures
in order to prevent such a failure occurring.
45
(3)
The measures that may be specified in a direction under subsection
(1) or (2) include the submission to the Secretary of State of an action
plan setting out the measures which the authority submitting the

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
76

plan proposes to take for the purpose of remedying the failure in
question or (as the case may be) preventing such a failure occurring.
(4)
The Secretary of State shall not give a direction under this section in
relation to a police authority unless—
(a)
the police authority has been given such information about
5
the Secretary of State’s grounds for proposing to give that
direction as he considers appropriate for enabling it to make
representations or proposals under the following paragraphs
of this subsection;
(b)
the police authority has been given an opportunity of making
10
representations about those grounds;
(c)
the police authority has had an opportunity of making
proposals for the taking of remedial measures that would
make the giving of the direction unnecessary; and
(d)
the Secretary of State has considered any such
15
representations and any such proposals.
(5)
Subsection (4) does not apply if the Secretary of State is satisfied
that—
(a)
the police authority has already been made aware of the
matters constituting the Secretary of State’s grounds for
20
proposing to give a direction under this section;
(b)
the information the authority had about those matters was
sufficient to enable it to identify remedial measures that
would have made the giving of the direction unnecessary;
and
25
(c)
the authority has had a reasonable opportunity to take such
measures.
(6)
A police authority that is given a direction under this section shall
comply with it.
(7)
Nothing in this section or in section 40 prevents the Secretary of State
30
from exercising (whether in relation to the same matter or different
matters or at the same time or at different times) both his powers
under this section and his powers under section 40.
40B
Procedure for directions under section 40 or 40A
(1)
The Secretary of State may by regulations make further provision as
35
to the procedure to be followed in cases where—
(a)
a proposal is made for the giving of a direction under section
40;
(b)
a proposal is made for the giving of a direction under section
40A.
40
(2)
Before making any regulations under this section, the Secretary of
State shall consult with—
(a)
persons whom he considers to represent the interests of
police authorities;
(b)
persons whom he considers to represent the interests of chief
45
officers of police; and
(c)
such other persons as he thinks fit.

Police and Justice Bill
Schedule 2 — Amendments to the Police Act 1996
77

(3)
Regulations under this section may make different provision for
different cases and circumstances.
(4)
A statutory instrument containing regulations under this section
shall not be made unless a draft of the regulations has been laid
before Parliament and approved by a resolution of each House.
5
(5)
On giving a direction under section 40 or section 40A to a police
authority, the Secretary of State shall notify the chief officer of police
of the force in question that he has given that direction.
(6)
On giving a direction under section 40 to the chief officer of police of
a force, the Secretary of State shall notify the police authority
10
responsible for maintaining that force that he has given that
direction.
(7)
Where the Secretary of State gives a direction under section 40 or
section 40A he shall lay before Parliament—
(a)
a copy of the direction; and
15
(b)
a report about it.
(8)
A report under subsection (7)—
(a)
shall be prepared at such time as the Secretary of State
considers appropriate; and
(b)
may relate to more than one direction.”
20
25
In section 41 (directions as to minimum budget), in subsection (1), after
“section 40” there is inserted “or 40A”.
Power to give directions as to action plans
26
Sections 41A and 41B (power to give directions as to action plans, and
procedure for doing so) are repealed.
25
Arrangements for obtaining the views of the community on policing
27
For section 96 there is substituted—
“96
Arrangements for obtaining the views of the community on policing
(1)
The Secretary of State may by order require arrangements to be made
by the police authority for each police area to which the order
30
applies—
(a)
for obtaining the views of people in that area about matters
concerning the policing of the area;
(b)
for obtaining their co-operation with the police in preventing
crime and anti-social behaviour in the area.
35
(2)
An order under this section may contain—
(a)
provision requiring the authority in question to review
arrangements made under the order from time to time;
(b)
provision as to persons whom the authority in question must
consult, and matters to which it must have regard, in making
40
or reviewing the arrangements;
(c)
provision for the Secretary of State, if not satisfied with the
adequacy of arrangements made under the order by a police
authority, to require the authority—

Police and Justice Bill
Schedule 3 — Exercise of police powers by civilians
78

(i)
to submit reports to him concerning the
arrangements;
(ii)
to review the arrangements.
(3)
Before making an order under this section the Secretary of State must
consult—
5
(a)
persons whom he considers to represent the interests of
police authorities,
(b)
persons whom he considers to represent the interests of chief
officers of police, and
(c)
such other persons as he thinks fit.
10
(4)
An order under this section may make different provision for
different police authorities.
(5)
A statutory instrument containing an order under this section shall
be subject to annulment in pursuance of a resolution of either House
of Parliament.”
15
Schedule 3
Section 6

Exercise of police powers by civilians
1
The Police Reform Act 2002 (c. 30) is amended as follows.
2     (1)
Section 38 (police powers for police authority employees) is amended as
follows.
20
      (2)
In subsection (4)(c) (person not to be designated unless adequately trained),
after “conferred” there is inserted “or imposed”.
      (3)
Before subsection (6) there is inserted—
“(5B)
The reference in subsection (4)(c) to the powers and duties to be
conferred or imposed on a person by virtue of his designation, so far
25
as it is a reference to the standard powers and duties of a community
support officer, is a reference to the powers and duties that at the
time of the person’s designation are the standard powers and duties
of a community support officer.”
      (4)
After subsection (6) there is inserted—
30
“(6A)
Subsection (6) has effect subject to subsections (5A) and (8).”
3     (1)
Section 42 (supplementary provisions relating to designations etc) is
amended as follows.
      (2)
Before subsection (1) there is inserted—
“(A1)
A person who exercises or performs any power or duty in relation to
35
any person in reliance on his designation under section 38 as a
community support officer, or who purports to do so, shall produce
to that person evidence of his designation, if requested to do so.
(B1)
A person who exercises or performs any non-standard power or
non-standard duty in relation to any person in reliance on his
40
designation under section 38 as a community support officer, or who

Police and Justice Bill
Schedule 3 — Exercise of police powers by civilians
79

purports to do so, shall produce to that person evidence that the
power or duty has been conferred or imposed on him, if requested to
do so.
(C1)
For the purposes of subsection (B1), a power or duty is “non-
standard” if it is not one of the standard powers and duties of a
5
community support officer.”
      (3)
After subsection (1) there is inserted—
“(1A)
Subsection (1) does not apply to a person who exercises or performs
any power or duty in reliance on his designation under section 38 as
a community support officer, or who purports to do so.”
10
4
In section 105 (orders and regulations), in subsection (3)(b), after “section
19(3)” there is inserted “, 38A(4)”.
5     (1)
Schedule 4 (powers exercisable by police civilians) is amended as follows.
      (2)
In paragraph 1(3) (community support officers: power to issue fixed penalty
notices: definition of “relevant fixed penalty offence”)—
15
(a)
in paragraph (a), for “1(2)(a) to (d)” there is substituted “(2)(a) to (e)”,
and
(b)
in paragraph (b), for “that person’s designation as an offence he”
there is substituted “a designation by which this paragraph is
applied to the designated person as an offence which the designated
20
person”.
      (3)
In paragraph 1A(2) (community support officers: power to require name
and address: confining the power), for “Such a designation may specify that,
in relation to that person, the application of sub-paragraph (3)” there is
substituted “A designation by which this paragraph is applied to a person
25
may specify that the application of sub-paragraph (3) by that designation to
that person”.
      (4)
In paragraph 2(3A)(b) (community support officers: powers under byelaws
to remove persons from places), for “under paragraph 1A” there is
substituted “applying paragraph 1A to the CSO,”.
30
      (5)
In paragraph 2(4) (person required to wait with community support officer
may be given choice to go to police station), for “this Part of this Schedule
applies” there is substituted “this paragraph is applied”.
      (6)
In paragraph 2(6) (meaning of “relevant offence”), in the words after
paragraph (b), after “may provide that” there is inserted “, for the purposes
35
of this paragraph as applied to that person by that designation,”.
      (7)
In paragraph 2(8) (application of paragraph 2 by other provisions effective
only where paragraph 2 is itself applied to community support officer)—
(a)
for “or 7A(8)” there is substituted “, 7A(8) or 7C(2)”, and
(b)
“under this paragraph” is omitted.
40
      (8)
In paragraph 4 (power to use reasonable force to detain or control person
required to wait with community support officer)—
(a)
in sub-paragraph (1), for “This paragraph applies” there is
substituted “Sub-paragraph (3) applies”,
(b)
in sub-paragraph (1)(b), for “sets out the matters” there is substituted
45
“sets out matters”, and

Police and Justice Bill
Schedule 4 — Police bail
Part 1 — Introductory
80

(c)
in sub-paragraph (2), for “as the matters” there is substituted “as
matters”.
      (9)
In paragraph 7B(2)(a) (community support officer’s power to seize
controlled drugs found in person’s possession), for the words from
“(whether” to the end there is substituted “(whether or not the CSO finds it
5
in the course of searching the person by virtue of any paragraph of this Part
of this Schedule being applied to the CSO by a designation); and”.
     (10)
In paragraphs 34(2) and 35(4) (escort officer’s powers to carry out non-
intimate searches of persons), for “designation under” there is substituted
“application of”.
10
     (11)
In paragraph 35A (staff custody officer to have powers of a custody officer),
in each of sub-paragraphs (3) and (4), for “under” there is substituted
“applying”.
     (12)
In paragraph 36(1)(a) (meaning of “the relevant police area”), for
“designation” there is substituted “person designated”.
15
     (13)
In paragraph 36, for sub-paragraphs (2) and (3) there is substituted—
    “(2)
In Part 1 of this Schedule “a designation” means—
(a)
a designation under section 38, or
(b)
an order under section 38A(1) (and, accordingly, the
power to make such an order—
20
(i)
is extended by paragraphs 1(3)(b), 1A(2) and (7),
2(6) and 4(1)(b), but
(ii)
is subject to paragraphs 2(2), 4(2) and 11B(5)).
     (2A)
In Parts 2 and 4A of this Schedule “a designation” means a
designation under section 38.
25
      (3)
In Parts 3 and 4 of this Schedule “a designation” means a
designation under section 38 or 39.”
6     (1)
Paragraph 1 of Schedule 5 (power of accredited persons to issue fixed
penalty notices) is amended as follows.
      (2)
In sub-paragraph (2) (powers conferred on a person when paragraph 1 is
30
applied to him), in the words before paragraph (a) (which refer to a relevant
offence), after “relevant” there is inserted “fixed penalty”.
      (3)
In sub-paragraph (3)(a) (meaning of “relevant fixed penalty offence” in
paragraph 1), for “(c)” there is substituted “(d)”.
Schedule 4
35
Section 7

Police bail
Part 1
Introductory
1
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.