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| | | Anti-social behaviour orders |
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| | To move the following Clause:— |
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| | | ‘(1) | The Crime and Disorder Act 1998 (c. 37) is amended as follows. |
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| | | (2) | After subsection (9) of section 1 (anti-social behaviour orders), there is inserted— |
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| | | “(9A) | A relevant authority must conduct each year a review of an anti-social |
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| | | behaviour order if the following conditions are fulfilled, namely— |
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| | | (a) | that the order was made against a child or young person; |
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| | | (b) | that the child or young person has not reached the age of 18; |
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| | | (c) | that the relevant authority applied for the order; |
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| | | (d) | that the order has not been varied or discharged since it was made |
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| | | or since the most recent review; and |
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| | | (e) | that at least one year has elapsed since the order was made. |
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| | | (9B) | In conducting a review the relevant authority must consider— |
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| | | (a) | whether, in its view, the defendant has complied with the terms |
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| | | (b) | whether the defendant’s circumstances mean that he should be |
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| | | offered further support for the purpose of complying with the |
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| | | (c) | whether an application should be made to vary or discharge the |
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| | | (9C) | The relevant authority may carry out the review whether or not the |
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| | | (9D) | Except with the consent of the relevant authority, no copy of any report |
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| | | of the review’s findings shall be given to the defendant.”.’. |
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| | Page 7, line 1, leave out Clause 11. |
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| | Page 7, line 15, leave out Clause 12. |
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| | Page 7 [Clause 12], leave out lines 27 to 32 and insert ‘with the object of punishing the |
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| | offender are limited to conditions that the offender attend a specified place at specified |
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| | | (3AA) | In subsection (3A) “specified” means specified by a relevant prosecutor.’. |
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| | Page 7 [Clause 12], leave out lines 37 and 38. |
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| | Page 7, line 38 [Clause 12], at end insert— |
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| | | ‘(3D) | The conditions attached to a conditional caution must not include a financial |
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| | Page 7 [Clause 12], leave out from beginning of line 39 to end of line 31 on page 8. |
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| | Page 8 [Clause 12], leave out lines 12 to 14. |
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| | Page 8 [Clause 13], leave out line 39 and insert— |
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| | | ‘(2) | If a relevant prosecutor determines that a person arrested under this section has |
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| | | failed, without reasonable excuse, to comply with any of the conditions attached |
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| | | to the conditional caution, the person arrested may be—’. |
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| | Page 9, line 18 [Clause 13], after ‘detention’, insert ‘for up to 12 hours’. |
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| | Page 9, line 31 [Clause 13], at end insert— |
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| | | ‘(6A) | A person who is released following an arrest under this section shall not be re- |
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| | | arrested without warrant for the same suspected failure to comply with a |
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| | | condition attached to a conditional caution.’. |
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| | Page 9, line 31 [Clause 13], at end insert— |
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| | | ‘(6B) | A person arrested under this section may be released on bail (without any |
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| | | variation of the conditions attached to the caution) if further investigations are |
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| | | necessary for the purposes of determining whether he has failed, without |
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| | | reasonable excuse, to comply with any of the conditions attached to the |
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| | Page 15, line 14 [Clause 18], leave out ‘, or is likely to engage,’. |
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| | Page 16, line 7 [Clause 18], leave out ‘, or |
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| | | (ii) | is likely to engage in such behaviour,’. |
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| | Page 17, line 11 [Clause 18], at end insert— |
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| | | ‘(3) | The relevant local authority must ensure that the registered social landlord |
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| | | entering into a parenting contract has received adequate training before the |
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| | | contract is entered into.’. |
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| | Page 19, line 3 [Clause 19], at end insert— |
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| | | ‘(9) | The relevant local authority must ensure that the registered social landlord |
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| | | entering into a parenting order has received adequate training before the order is |
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| | Page 20, line 48 [Clause 20], at end insert— |
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| | | ‘(11) | The relevant local authority must ensure that any person who is specified in an |
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| | | order made under this section, or is of a description so specified in the order, has |
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| | | received adequate training before the contracting out order is made.’. |
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| | Page 23, line 6 [Clause 23], leave out ‘, Community Safety and Custody’ and insert |
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| | Page 25, line 6, leave out Clause 25. |
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| | Page 29, line 3 [Clause 31], leave out paragraph (a). |
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| | Page 30, line 20 [Clause 35], leave out ‘a summary conviction for’. |
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| | Page 33, line 23 [Clause 40], at end insert— |
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| | | ‘(3A) | After section 5 (forfeiture) there is inserted— |
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| | | “5A | Forfeiture following conviction |
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| | | When a person is convicted of an offence contrary to section 1 of this Act |
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| | | or section 160 of the Criminal Justice Act 1988 (c. 33) the court shall |
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| | | have regard to its powers under section 143 of the Powers of Criminal |
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| | | Courts (Sentencing) Act 2000 (c. 6).”’. |
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| | Page 35, line 36 [Clause 44], after ‘Secretary of State,’ insert— |
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| | | ‘( ) | a Registrar General,’. |
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| | Page 36, line 21 [Clause 44], at end insert— |
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| | | ‘( ) | A statutory instrument containing an order under paragraph 48 of Schedule 1 |
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| | | made by the Scottish Ministers may not be made unless a draft has been laid |
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| | | before, and approved by a resolution of, the Scottish Parliament.’. |
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| | Page 37, line 30 [Clause 48], after ‘paragraphs 9(3)(a)’ insert ‘, 15A, 15B’. |
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| | Page 37, line 32 [Clause 48], after ‘paragraphs’ insert ‘27A, 29A,’. |
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| | Page 39, line 23 [Clause 49], at end insert— |
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| | | ‘( ) | Section (Supply of information to police etc by Registrar General) extends also |
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| | Page 53, line 12 [Schedule 1], leave out ‘by a scheme under section 19 of’ and |
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| | insert ‘under an amalgamation scheme under’. |
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| | Page 56, line 21 [Schedule 1], leave out ‘Secretary of State’ and insert ‘appropriate |
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| | authority (see sub-paragraph (3A))’. |
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| | Page 57, line 3 [Schedule 1], at end insert— |
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| | | ‘(3A) | Power of the appropriate authority under sub-paragraph (1)— |
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| | | (a) | so far as it is power to make provision falling within sub-paragraph |
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| | | (3B), is power of the Scottish Ministers, and |
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| | | (b) | so far as it is power to make provision not falling within sub-paragraph |
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| | | (3B), is power of the Secretary of State. |
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| | | (3B) | The provision falling within this sub-paragraph is provision that would be |
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| | | within the legislative competence of the Scottish Parliament if it were included |
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| | | in an Act of that Parliament. |
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| | | (3C) | Power of the Scottish Ministers under sub-paragraph (1) is exercisable only |
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| | | with the consent of the Secretary of State. |
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| | | (3D) | Power of the Secretary of State under sub-paragraph (1)(a), (b) and (c), so far |
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| | | as it is power to make provision falling within sub-paragraph (3E), is |
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| | | exercisable only with the consent of the Scottish Ministers. |
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| | | (3E) | The provision falling within this sub-paragraph is provision— |
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| | | (a) | that affects, or may affect, any of the persons mentioned in paragraph |
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| | | 4(2) (police forces, and other policing bodies, in Scotland), or |
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| | | (b) | that affects, or may affect, the rights and powers of the Scottish |
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| | | (3F) | Power of the Secretary of State under sub-paragraph (1)(d), so far as it is power |
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| | | to impose obligations on any of the persons mentioned in paragraph 4(2), is |
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| | | exercisable only with the consent of the Scottish Ministers.’. |
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| | Page 57, line 12 [Schedule 1], at end insert— |
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| | | ‘(4A) | Before making an order under sub-paragraph (1), the Scottish Ministers must |
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| | | (b) | the Scottish Police Services Authority, |
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| | | (c) | persons whom the Scottish Ministers consider to represent the |
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| | | interests of chief constables of police forces in Scotland, and |
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| | | (d) | persons whom the Scottish Ministers consider to represent the |
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| | | interests of bodies within sub-paragraph (4C). |
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| | | (4B) | Before deciding whether to give consent for the purposes of sub-paragraph |
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| | | (3D) or (3F), the Scottish Ministers must consult— |
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| | | (a) | the Scottish Police Services Authority, |
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| | | (b) | persons whom the Scottish Ministers consider to represent the |
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| | | interests of chief constables of police forces in Scotland, and |
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| | | (c) | persons whom the Scottish Ministers consider to represent the |
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| | | interests of bodies within sub-paragraph (4C). |
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| | | (4C) | A body is within this sub-paragraph if it is— |
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| | | (a) | the police authority for a police area in Scotland that is not combined, |
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| | | by virtue of an amalgamation scheme under the Police (Scotland) Act |
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| | | 1967 (c. 77), with any other police area in Scotland, or |
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| | | (b) | a joint police board constituted under such a scheme.’. |
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| | Page 57, line 21 [Schedule 1], after ‘including’ insert ‘, without prejudice to the |
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| | generality of section 20(2) of the Interpretation Act 1978 (c. 30),’. |
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| | Page 61, line 18 [Schedule 1], at end insert— |
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| | | ‘67A | In section 90(4) (impersonation etc: interpretation), for the words after |
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| | | paragraph (a) and before paragraph (b) (paragraph (aa) having been |
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| | | superseded by section 68(2) of the Railways and Transport Safety Act 2003) |
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| | | “(ab) | “member of a police force” includes a member of the staff of |
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| | | the National Policing Improvement Agency who is a |
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| | | 67B(1) | Section 91 (offence of causing disaffection amongst members of police forces |
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| | | etc) is amended as follows. |
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| | | (2) | In subsection (2) (offence under subsection (1) of causing disaffection etc |
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| | | amongst members of police forces applies also in relation to certain other |
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| | | police personnel), after paragraph (a) there is inserted— |
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| | | “(aa) | members of the staff of the National Policing Improvement |
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| | | Agency who are constables,”. |
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| | | (3) | After subsection (2) there is inserted— |
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| | | “(3) | Liability under subsection (1) for any behaviour in relation to |
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| | | members of the staff of the National Policing Improvement Agency is |
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| | | in addition to any civil liability for that behaviour.”.’. |
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