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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 9 — Anti-social behaviour

72

 

   

then before the end of that period a review of the operation of the order

shall be carried out.

(3)   

The review periods are—

(a)   

the period of 12 months beginning with—

(i)   

the day on which the order was made, or

5

(ii)   

if during that period there is a supplemental order (or

more than one), the date of the supplemental order (or

the last of them);

(b)   

a period of 12 months beginning with—

(i)   

the day after the end of the previous review period, or

10

(ii)   

if during that period there is a supplemental order (or

more than one), the date of the supplemental order (or

the last of them).

(4)   

In subsection (3) “supplemental order” means—

(a)   

a further order varying the order in question;

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(b)   

an individual support order made in relation to the order in

question on an application under section 1AA(1A).

(5)   

Subsection (2) does not apply in relation to any review period if the

order is discharged before the end of that period.

(6)   

A review under this section shall include consideration of—

20

(a)   

the extent to which the person subject to the order has complied

with it;

(b)   

the adequacy of any support available to the person to help him

comply with it;

(c)   

any matters relevant to the question whether an application

25

should be made for the order to be varied or discharged.

(7)   

Those carrying out or participating in a review under this section shall

have regard to any guidance issued by the Secretary of State when

considering—

(a)   

how the review should be carried out;

30

(b)   

what particular matters should be dealt with by the review;

(c)   

what action (if any) it would be appropriate to take in

consequence of the findings of the review.

1K      

Responsibility for, and participation in, reviews under section 1J

(1)   

A review under section 1J of an anti-social behaviour order or an order

35

under section 1B shall be carried out by the relevant authority that

applied for the order.

(2)   

A review under section 1J of an order under section 1C shall be carried

out—

(a)   

(except where paragraph (b) applies) by the appropriate chief

40

officer of police;

(b)   

where a relevant authority is specified under section 1C(9ZA),

by that authority.

(3)   

A local authority, in carrying out a review under section 1J, shall act in

co-operation with the appropriate chief officer of police; and it shall be

45

 
 

Criminal Justice and Immigration Bill
Part 9 — Anti-social behaviour

73

 

the duty of that chief officer to co-operate in the carrying out of the

review.

(4)   

The chief officer of police of a police force, in carrying out a review

under section 1J, shall act in co-operation with the appropriate local

authority; and it shall be the duty of that local authority to co-operate

5

in the carrying out of the review.

(5)   

A relevant authority other than a local authority or chief officer of

police, in carrying out a review under section 1J, shall act in co-

operation with—

(a)   

the appropriate local authority, and

10

(b)   

the appropriate chief officer of police;

   

and it shall be the duty of that local authority and that chief officer to

co-operate in the carrying out of the review.

(6)   

A chief officer of police or other relevant authority carrying out a

review under section 1J may invite the participation in the review of a

15

person or body not required by subsection (3), (4) or (5) to co-operate in

the carrying out of the review.

(7)   

In this section—

“the appropriate chief officer of police” means the chief officer of

police of the police force maintained for the police area in which

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the person subject to the order resides or appears to reside;

“the appropriate local authority” means the council for the local

government area (within the meaning given in section 1(12)) in

which the person subject to the order resides or appears to

reside.”

25

(2)   

In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and

1F” substitute “1C, 1CA, 1E, IF and 1K”.

(3)   

In section 1C of that Act (orders on conviction in criminal proceedings) after

section (9) insert—

“(9ZA)   

An order under this section made in respect of a person under the age

30

of 17, or an order varying such an order, may specify a relevant

authority (other than the chief officer of police mentioned in section

1K(2)(a)) as being responsible for carrying out a review under section

1J of the operation of the order.”

109     

Individual support orders

35

(1)   

In section 1AA of the Crime and Disorder Act 1998 (c. 37) (individual support

orders) for subsection (1) and the words in subsection (2) before paragraph (a)

substitute—

“(1)   

This section applies where a court makes an anti-social behaviour order

in respect of a defendant who is a child or young person when that

40

order is made.

(1A)   

This section also applies where—

(a)   

an anti-social behaviour order has previously been made in

respect of such a defendant;

 
 

Criminal Justice and Immigration Bill
Part 9 — Anti-social behaviour

74

 

(b)   

an application is made by complaint to the court which made

that order, by the relevant authority which applied for it, for an

order under this section; and

(c)   

at the time of the hearing of the application—

(i)   

the defendant is still a child or young person, and

5

(ii)   

the anti-social behaviour order is still in force.

(1B)   

The court must consider whether the individual support conditions are

fulfilled and, if satisfied that they are, must make an individual support

order.

(2)   

An individual support order is an order which—”.

10

(2)   

In subsection (3)(a) of that section, for the words after “the kind of behaviour

which led to” substitute “the making of—

(i)   

the anti-social behaviour order, or

(ii)   

an order varying that order (in a case where the

variation is made as a result of further anti-social

15

behaviour by the defendant);”.

(3)   

In subsection (5) of that section, for “which led to the making of the anti-social

behaviour order” substitute “mentioned in subsection (3)(a) above”.

(4)   

In section 1(1A) of that Act (meaning of “relevant authority”) after “and

sections” insert “1AA,”.

20

(5)   

In section 1AB of that Act (which makes further provision about individual

support orders) after subsection (5) insert—

“(5A)   

The period specified as the term of an individual support order made

on an application under section 1AA(1A) above must not be longer

than the remaining part of the term of the anti-social behaviour order

25

as a result of which it is made.”

(6)   

In section 1B of that Act (orders in county court proceedings) after subsection

(7) insert—

“(8)   

Sections 1AA and 1AB apply in relation to orders under this section,

with any necessary modifications, as they apply in relation to anti-

30

social behaviour orders.

(9)   

In their application by virtue of subsection (8), sections 1AA(1A)(b) and

1AB(6) have effect as if the words “by complaint” were omitted.”

(7)   

In section 1C of that Act (orders on conviction in criminal proceedings) after

subsection (9A) insert—

35

“(9AA)   

Sections 1AA and 1AB apply in relation to orders under this section,

with any necessary modifications, as they apply in relation to anti-

social behaviour orders.

(9AB)   

In their application by virtue of subsection (9AA), sections 1AA(1A)(b)

and 1AB(6) have effect as if the words “by complaint” were omitted.

40

(9AC)   

In its application by virtue of subsection (9AA), section 1AA(1A)(b) has

effect as if the reference to the relevant authority which applied for the

anti-social behaviour order were a reference to the chief officer of

police, or other relevant authority, responsible under section 1K(2)(a)

or (b) for carrying out a review of the order under this section.”

45

 
 

Criminal Justice and Immigration Bill
Part 10 — Policing

75

 

Parenting contracts and parenting orders

110     

Parenting contracts and parenting orders: local authorities

(1)   

Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is

amended as follows.

(2)   

In section 29(1) (interpretation) in the definition of “local authority” for

5

paragraphs (b) and (c) substitute—

“(aa)   

a district council in England;”.

(3)   

In section 26B (parenting orders: registered social landlords)—

(a)   

in subsection (8), after “the local authority” insert “(or, if subsection

(8A) applies, each local authority)”;

10

(b)   

after that subsection insert—

“(8A)   

This subsection applies if the place where the child or young

person resides or appears to reside is within the area of a county

council and within the area of a district council.”;

(c)   

in subsection (10)(a), after “the local authority” insert “(or authorities)”.

15

(4)   

In section 27 (parenting orders: supplemental) for subsection (3A) substitute—

“(3A)   

Proceedings for an offence under section 9(7) of the 1998 Act (parenting

orders: breach of requirement etc.) as applied by subsection (3)(b)

above may be brought by any of the following local authorities—

(a)   

the local authority that applied for the order, if the child or

20

young person, or the person alleged to be in breach, resides or

appears to reside in that authority’s area;

(b)   

the local authority of the child or young person, if that child or

young person does not reside or appear to reside in the area of

the local authority that applied for the order;

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(c)   

the local authority of the person alleged to be in breach, if that

person does not reside or appear to reside in the area of the local

authority that applied for the order.

(3B)   

For the purposes of subsection (3A)(b) and (c)—

(a)   

an individual’s local authority is the local authority in whose

30

area the individual resides or appears to reside; but

(b)   

if the place where an individual resides or appears to reside is

within the area of a county council and within the area of a

district council, a reference to that individual’s local authority is

to be read as a reference to either of those authorities.”

35

Part 10

Policing

Misconduct procedures etc.

111     

Police misconduct and performance procedures

(1)   

Part 1 of Schedule 19

40

(a)   

amends the Police Act 1996 (c. 16) to make provision for or in

connection with disciplinary and other proceedings in respect of the

 
 

Criminal Justice and Immigration Bill
Part 10 — Policing

76

 

conduct and performance of members of police forces and special

constables, and

(b)   

makes other minor amendments to that Act.

(2)   

Part 2 of that Schedule makes equivalent amendments to the Ministry of

Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence

5

Police.

(3)   

Part 3 of that Schedule makes equivalent amendments to the Railways and

Transport Safety Act 2003 (c. 20) for the purposes of the British Transport

Police.

112     

Investigation of complaints of police misconduct etc.

10

Schedule 20 amends Schedule 3 to the Police Reform Act 2002 (c. 30) to make

further provision about the investigation of complaints of police misconduct

and other matters.

Financial assistance

113     

Financial assistance under section 57 of the Police Act 1996

15

(1)   

After section 57(1) of the Police Act 1996 (c. 16) (common services: power for Secretary

of State to provide and maintain etc. organisations, facilities and services which

promote the efficiency or effectiveness of police) insert

“(1A)   

The power conferred by subsection (1) includes power to give financial

assistance to any person in connection with the provision or maintenance of

20

such organisations, facilities and services as are mentioned in that subsection.

(1B)   

Financial assistance under subsection (1)

(a)   

may, in particular, be given in the form of a grant, loan or guarantee

or investment in a body corporate; and

(b)   

may be given subject to terms and conditions determined by the

25

Secretary of State;

   

but any financial assistance under that subsection other than a grant requires

the consent of the Treasury.

(1C)   

Terms and conditions imposed under subsection (1B)(b) may include terms

and conditions as to repayment with or without interest.

30

(1D)   

Any sums received by the Secretary of State by virtue of terms and conditions

imposed under that subsection are to be paid into the Consolidated Fund.”

(2)   

Any loan made by the Secretary of State by virtue of section 57 of the Police Act

1996 and outstanding on the day on which this Act is passed is to be treated as

if it were a loan made in accordance with that section as amended by

35

subsection (1) above.

Inspection

114     

Inspection of police authorities

In section 54 of the Police Act 1996 (appointment and functions of inspectors of

 
 

Criminal Justice and Immigration Bill
Part 11 — Special immigration status

77

 

constabulary) for subsection (2A) substitute—

“(2A)   

The inspectors of constabulary may carry out an inspection of, and

report to the Secretary of State on, a police authority’s performance of

its functions or of any particular function or functions (including in

particular its compliance with the requirements of Part 1 of the Local

5

Government Act 1999 (best value)).”

Part 11

Special immigration status

115     

Designation

(1)   

The Secretary of State may designate a person who satisfies Condition 1 or 2

10

(subject to subsections (4) and (5)).

(2)   

Condition 1 is that the person—

(a)   

is a foreign criminal within the meaning of section 116, and

(b)   

is liable to deportation, but cannot be removed from the United

Kingdom because of section 6 of the Human Rights Act 1998 (c. 42)

15

(public authority not to act contrary to Convention).

(3)   

Condition 2 is that the person is a member of the family of a person who

satisfies Condition 1.

(4)   

A person who has the right of abode in the United Kingdom may not be

designated.

20

(5)   

The Secretary of State may not designate a person if the Secretary of State

thinks that an effect of designation would breach—

(a)   

the United Kingdom’s obligations under the Refugee Convention, or

(b)   

the person’s rights under the Community treaties.

116     

“Foreign criminal”

25

(1)   

For the purposes of section 115 “foreign criminal” means a person who—

(a)   

is not a British citizen, and

(b)   

satisfies any of the following Conditions.

(2)   

Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality,

Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of

30

the Refugee Convention: imprisonment for at least two years).

(3)   

Condition 2 is that—

(a)   

section 72(4)(a) or (b) of that Act applies to the person (person convicted

of specified offence), and

(b)   

the person has been sentenced to a period of imprisonment.

35

(4)   

Condition 3 is that Article 1F of the Refugee Convention applies to the person

(exclusions for criminals, &c.).

(5)   

Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has

no effect in relation to Condition 1 or 2.

(6)   

Section 72(7) of that Act (non-application pending appeal) has no effect in

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relation to Condition 1 or 2.

 
 

 
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