Criminal Justice and Immigration Bill

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
191

(a)
has reasonable grounds for believing that it is necessary to
extend the period for which the order has effect for the
purpose of preventing the occurrence of significant and
persistent disorder or persistent serious nuisance to members
of the public, and
5
(b)
is satisfied that the appropriate chief officer has been
consulted about the intention to make the complaint.
(4)
If a complaint is made to a justice of the peace under subsection (1),
the justice may issue a summons directed to—
(a)
any person on whom the Part 1A closure notice relating to the
10
closed premises was served under subsection (7)(d) or (e) or
(8) of section 11A, or
(b)
any other person who appears to the justice to have an
interest in the closed premises but on whom the Part 1A
closure notice was not served,
15

requiring such person to appear before the magistrates’ court to
answer to the complaint.
(5)
If the court is satisfied that the order is necessary to prevent the
occurrence of significant and persistent disorder or persistent serious
nuisance to members of the public for a further period, it may make
20
an order extending the period for which the Part 1A closure order
has effect by a period not exceeding 3 months.
(6)
But a Part 1A closure order must not have effect for more than 6
months.
(7)
Any of the following persons may make a complaint to a justice of
25
the peace for an order that a Part 1A closure order is discharged—
(a)
a constable if the Part 1A closure order is a police Part 1A
closure order;
(b)
the local authority if the Part 1A closure order is a local
authority Part 1A closure order;
30
(c)
a person on whom the Part 1A closure notice relating to the
closed premises was served under subsection (7)(d) or (e) or
(8) of section 11A;
(d)
a person who has an interest in the closed premises but on
whom the Part 1A closure notice was not served.
35
(8)
If a complaint is made under subsection (7)—
(a)
in relation to a police Part 1A closure order, by a person other
than a constable, or
(b)
in relation to a local authority Part 1A closure order, by a
person other than the local authority,
40

the justice may issue a summons directed to such constable as the
justice thinks appropriate or to the local authority (as the case may
be) requiring the constable or authority to appear before the
magistrates’ court to answer to the complaint.
(9)
The court may not make an order discharging a Part 1A closure order
45
unless it is satisfied that the Part 1A closure order is no longer
necessary to prevent the occurrence of significant and persistent
disorder or persistent serious nuisance to members of the public.

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
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(10)
If a summons is issued in accordance with subsection (4) or (8), a
notice stating the date, time and place at which the complaint will be
heard must be served on—
(a)
if the summons is issued under subsection (4), the persons to
whom it is directed;
5
(b)
if the summons is issued under subsection (8), the persons
mentioned in subsection (7)(c) and (d) (other than the
complainant);
(c)
if the complaint relates to a police Part 1A closure order, such
constable as the justice thinks appropriate (unless a constable
10
is the complainant);
(d)
if the complaint relates to a local authority Part 1A closure
order, the local authority (unless it is the complainant).
11F
Part 1A closure order: appeals
(1)
This section applies to—
15
(a)
an order under section 11B or 11E;
(b)
a decision by a court not to make an order under either of
those sections.
(2)
An appeal against an order or decision to which this section applies
must be brought to the Crown Court before the end of the period of
20
21 days beginning with the day on which the order or decision is
made.
(3)
An appeal against an order under section 11B or 11E(5) may be
brought by—
(a)
a person on whom the Part 1A closure notice relating to the
25
closed premises was served under section 11A(7)(d) or (e), or
(b)
a person who has an interest in the closed premises but on
whom the Part 1A closure notice was not served.
(4)
An appeal against the decision of a court not to make such an order
may be brought by—
30
(a)
a constable if the Part 1A closure order is (or, if made, would
have been) a police Part 1A closure order, or
(b)
the local authority if the Part 1A closure order is (or, if made,
would have been) a local authority Part 1A closure order.
(5)
On an appeal under this section the Crown Court may make such
35
order as it thinks appropriate.
11G
Part 1A closure order: access to other premises
(1)
This section applies to any person who occupies or owns any part of
a building or structure—
(a)
in which closed premises are situated, and
40
(b)
in respect of which the Part 1A closure order does not have
effect.
(2)
A person to whom this section applies may, at any time while a Part
1A closure order has effect, apply to—
(a)
the magistrates’ court in respect of an order made under
45
section 11B or 11E, or

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
193

(b)
the Crown Court in respect of an order made under section
11F.
(3)
If an application is made under this section notice of the date, time
and place of the hearing to consider the application must be given
to—
5
(a)
such constable as the court thinks appropriate;
(b)
the local authority;
(c)
any person on whom the Part 1A closure notice relating to the
closed premises was served under subsection (7)(d) or (e) or
(8) of section 11A; and
10
(d)
any person who has an interest in the closed premises but on
whom the Part 1A closure notice was not served.
(4)
On an application under this section the court may make such order
as it thinks appropriate in relation to access to any part of a building
or structure in which closed premises are situated.
15
(5)
It is immaterial whether any provision has been made as mentioned
in section 11B(6).
11H
Part 1A closure order: reimbursement of costs
(1)
A police authority or a local authority which incurs expenditure for
the purpose of clearing, securing or maintaining the premises in
20
respect of which a Part 1A closure order has effect may apply to the
court which made the order for an order under this section.
(2)
On an application under this section the court may make such order
as it thinks appropriate in the circumstances for the reimbursement
(in full or in part) by the owner of the premises of the expenditure
25
mentioned in subsection (1).
(3)
But an application for an order under this section must not be
entertained unless it is made before the end of the period of 3 months
starting with the day the Part 1A closure order ceases to have effect.
(4)
An application under this section must be served on—
30
(a)
the police authority for the area in which the premises are
situated if the application is made by the local authority;
(b)
the local authority if the application is made by a police
authority; and
(c)
the owner of the premises.
35
11I
Part 1A closure notice or order: exemption from liability
(1)
A constable is not liable for relevant damages in respect of anything
done or omitted to be done by the constable in the performance or
purported performance of functions under this Part.
(2)
A chief officer of police who has direction or control of a constable is
40
not liable for relevant damages in respect of anything done or
omitted to be done by the constable in the performance or purported
performance of functions under this Part.
(3)
Neither a local authority nor an employee of a local authority is liable
for relevant damages in respect of anything done or omitted to be
45

Criminal Justice and Immigration Bill
Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
194

done by or on behalf of the authority in the performance or
purported performance of functions under this Part.
(4)
Subsections (1) to (3) do not apply—
(a)
if the act or omission is shown to have been in bad faith;
(b)
so as to prevent an award of damages made in respect of an
5
act or omission on the ground that the act or omission was
unlawful by virtue of section 6(1) of the Human Rights Act
1998.
(5)
This section does not affect any other exemption from liability for
damages (whether at common law or otherwise).
10
(6)
In this section “relevant damages” means damages in proceedings
for judicial review or for the tort of negligence or misfeasance in
public office.
11J
Part 1A closure notices and orders: compensation
(1)
This section applies to any person who incurs financial loss in
15
consequence of—
(a)
the issue of a Part 1A closure notice, or
(b)
a Part 1A closure order having effect.
(2)
A person to whom this section applies may apply to—
(a)
the magistrates’ court which considered the application for a
20
Part 1A closure order;
(b)
the Crown Court if the Part 1A closure order was made or
extended by an order made by that Court on an appeal under
section 11F.
(3)
An application under this section must not be entertained unless it is
25
made not later than the end of the period of 3 months starting with
whichever is the later of—
(a)
the day the court decides not to make a Part 1A closure order;
(b)
the day the Crown Court dismisses an appeal against a
decision not to make a Part 1A closure order;
30
(c)
the day the Part 1A closure order ceases to have effect.
(4)
On an application under this section the court may order the
payment of compensation out of central funds if it is satisfied—
(a)
that the person is not associated with such use of the premises
as is mentioned in section 11A(1)(b),
35
(b)
if the person is the owner or occupier of the premises, that the
person took reasonable steps to prevent such use of the
premises,
(c)
that the person has incurred financial loss as mentioned in
subsection (1), and
40
(d)
having regard to all the circumstances it is appropriate to
order payment of compensation in respect of that loss.
(5)
In this section “central funds” has the same meaning as in enactments
providing for the payment of costs.
11K
Interpretation
45
(1)
This section applies for the purposes of this Part.

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Schedule 17 — Closure orders: premises associated with persistent disorder or nuisance
195

(2)
“Anti-social behaviour” means behaviour by a person which causes
or is likely to cause harassment, alarm or distress to one or more
other persons not of the same household as the person.
(3)
“The appropriate chief officer”, in relation to—
(a)
any premises, or
5
(b)
a Part 1A closure order relating to any premises,

means the chief officer of police for the area in which the premises
are situated.
(4)
“Closed premises” means premises in respect of which a Part 1A
closure order has effect.
10
(5)
“Local authority”, in relation to England, means—
(a)
a district council;
(b)
a London borough council;
(c)
a county council for an area for which there is no district
council;
15
(d)
the Common Council of the City of London in its capacity as
a local authority;
(e)
the Council of the Isles of Scilly.
(6)
“Local authority”, in relation to Wales, means—
(a)
a county council;
20
(b)
a county borough council.
(7)
References to the local authority in relation to—
(a)
any premises,
(b)
a Part 1A closure notice relating to any premises, or
(c)
a Part 1A closure order relating to any premises,
25

are references to the local authority for the area in which the
premises are situated
(8)
“A local authority Part 1A closure order” means a Part 1A closure
order made or extended on the application of the local authority.
(9)
“The owner”, in relation to premises, means—
30
(a)
a person who is for the time being entitled to dispose of the
fee simple in the premises, whether in possession or in
reversion (apart from a mortgagee not in possession), or
(b)
a person who holds or is entitled to the rents and profits of
the premises under a lease which (when granted) was for a
35
term of not less than 3 years.
(10)
“A Part 1A closure notice” means a notice issued under section 11A.
(11)
“A Part 1A closure order” means—
(a)
an order made under section 11B;
(b)
an order extended under section 11E;
40
(c)
an order made or extended under section 11F which has the
like effect as an order made or extended under section 11B or
11E (as the case may be).
(12)
“A police Part 1A closure order” means a Part 1A closure order made
or extended on the application of a constable.
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Criminal Justice and Immigration Bill
Schedule 18 — Nuisance or disturbance on HSS premises
196

(13)
“Premises” includes—
(a)
any land or other place (whether enclosed or not);
(b)
any outbuildings which are or are used as part of premises.”
Schedule 18
Section 107

Nuisance or disturbance on HSS premises
5
Offence of causing nuisance or disturbance on HSS premises
1     (1)
A person commits an offence if—
(a)
the person causes, without reasonable excuse and while on HSS
premises, a nuisance or disturbance to an HSS staff member who is
working there or is otherwise there in connection with work,
10
(b)
the person refuses, without reasonable excuse, to leave the HSS
premises when asked to do so by a constable or an HSS staff member,
and
(c)
the person is not on the HSS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself.
15
      (2)
A person who commits an offence under this paragraph is liable on
summary conviction to a fine not exceeding level 3 on the standard scale.
      (3)
For the purposes of this paragraph—
(a)
a person ceases to be on HSS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself once the
20
person has received the advice, treatment or care, and
(b)
a person is not on HSS premises for the purpose of obtaining medical
advice, treatment or care for himself or herself if the person has been
refused the advice, treatment or care during the last 8 hours.
      (4)
In this paragraph—
25
“hospital grounds” means land in the vicinity of a hospital and
associated with it,
“HSS premises” means—
(a)
any hospital vested in, or managed by, an HSS trust,
(b)
any building or other structure, or vehicle, associated with
30
the hospital and situated on hospital grounds (whether or not
vested in, or managed by, an HSS trust), and
(c)
the hospital grounds,
“HSS staff member” means a person employed by an HSS trust or
otherwise working for it (whether as or on behalf of a contractor, as
35
a volunteer or otherwise),
“HSS trust” means a Health and Social Services trust established under
Article 10 of the Health and Personal Social Services (Northern
Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), and
“vehicle” includes an air ambulance.
40

Criminal Justice and Immigration Bill
Schedule 18 — Nuisance or disturbance on HSS premises
197

Power to remove person causing nuisance or disturbance
2     (1)
If a constable reasonably suspects that a person is committing or has
committed an offence under paragraph 1, the constable may remove the
person from the HSS premises concerned.
      (2)
If an authorised officer reasonably suspects that a person is committing or
5
has committed an offence under paragraph 1, the authorised officer may—
(a)
remove the person from the HSS premises concerned, or
(b)
authorise an HSS staff member to do so.
      (3)
Any person removing another person from HSS premises under this
paragraph may use reasonable force (if necessary).
10
      (4)
An authorised officer cannot remove a person under this paragraph or
authorise another person to do so if the authorised officer has reason to
believe that—
(a)
the person to be removed requires medical advice, treatment or care
for himself or herself, or
15
(b)
the removal of the person would endanger the person’s physical or
mental health.
      (5)
In this paragraph—
“authorised officer” means any HSS staff member authorised by an
HSS trust to exercise the powers conferred on an authorised officer
20
by this paragraph, and
“HSS premises”, “HSS staff member” and “HSS trust” have the same
meaning as in paragraph 1.
Guidance about the power to remove etc.
3     (1)
The Department of Health, Social Services and Public Safety may from time
25
to time prepare and publish guidance to HSS trusts and authorised officers
about the powers in paragraph 2.
      (2)
Such guidance may, in particular, relate to—
(a)
the authorisation by HSS trusts of authorised officers,
(b)
the authorisation by authorised officers of HSS staff members to
30
remove persons under paragraph 2,
(c)
training requirements for authorised officers and HSS staff members
authorised by them to remove persons under paragraph 2,
(d)
matters that may be relevant to a consideration by authorised officers
for the purposes of paragraph 2 of whether offences are being, or
35
have been, committed under paragraph 1,
(e)
matters to be taken into account by authorised officers in deciding
whether there is reason to believe that a person requires medical
advice, treatment or care for himself or herself or that the removal of
a person would endanger the person’s physical or mental health,
40
(f)
the procedure to be followed by authorised officers or persons
authorised by them before using the power of removal in paragraph
2,
(g)
the degree of force that it may be appropriate for authorised officers
or persons authorised by them to use in particular circumstances,
45