Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 9 — Anti-social behaviour
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(a)
a National Health Service trust (see section 25 of the National
Health Service Act 2006 (c. 41)), all or most of whose hospitals,
establishments and facilities are situated in England,
(b)
a Primary Care Trust (see section 18 of that Act), or
(c)
an NHS foundation trust (see section 30 of that Act), and
5
“vehicle” includes an air ambulance.
105
Power to remove person causing nuisance or disturbance
(1)
If a constable reasonably suspects that a person is committing or has
committed an offence under section 104, the constable may remove the person
from the NHS premises concerned.
10
(2)
If an authorised officer reasonably suspects that a person is committing or has
committed an offence under section 104, the authorised officer may—
(a)
remove the person from the NHS premises concerned, or
(b)
authorise an NHS staff member to do so.
(3)
Any person removing another person from NHS premises under this section
15
may use reasonable force (if necessary).
(4)
An authorised officer cannot remove a person under this section 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
20
(b)
the removal of the person would endanger the person’s physical or
mental health.
(5)
In this section—
“authorised officer” means any NHS staff member authorised by a
relevant English NHS body to exercise the powers conferred on an
25
authorised officer by this section, and
“NHS premises”, “NHS staff member” and “relevant English NHS body”
have the same meaning as in section 104.
106
Guidance about the power to remove etc.
(1)
The Secretary of State may from time to time prepare and publish guidance to
30
relevant English NHS bodies and authorised officers about the powers in
section 105.
(2)
Such guidance may, in particular, relate to—
(a)
the authorisation by relevant English NHS bodies of authorised
officers,
35
(b)
the authorisation by authorised officers of NHS staff members to
remove persons under section 105,
(c)
training requirements for authorised officers and NHS staff members
authorised by them to remove persons under section 105,
(d)
matters that may be relevant to a consideration by authorised officers
40
for the purposes of section 105 of whether offences are being, or have
been, committed under section 104,
(e)
matters to be taken into account by authorised officers in deciding
whether there is reason to believe that a person requires medical

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advice, treatment or care for himself or herself or that the removal of a
person would endanger the person’s physical or mental health,
(f)
the procedure to be followed by authorised officers or persons
authorised by them before using the power of removal in section 105,
(g)
the degree of force that it may be appropriate for authorised officers or
5
persons authorised by them to use in particular circumstances,
(h)
arrangements for ensuring that persons on NHS premises are aware of
the offence in section 104 and the powers of removal in section 105, or
(i)
the keeping of records.
(3)
Before publishing guidance under this section, the Secretary of State must
10
consult such persons as the Secretary of State considers appropriate.
(4)
A relevant English NHS body and an authorised officer must have regard to
any guidance published under this section when exercising functions under, or
in connection with, section 105.
(5)
In this section—
15
“authorised officer” has the same meaning as in section 105, and
“NHS premises”, “NHS staff member” and “relevant English NHS body”
have the same meaning as in section 104.
107
Nuisance or disturbance on HSS premises
Schedule 18 makes provision for Northern Ireland corresponding to the
20
provision made for England by sections 104 to 106.
Anti-social behaviour orders etc. in respect of children and young persons
108
Review of anti-social behaviour orders etc.
(1)
In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and
disorder) after section 1I insert—
25
“1J
Review of orders under sections 1, 1B and 1C
(1)
This section applies where—
(a)
an anti-social behaviour order,
(b)
an order under section 1B, or
(c)
an order under section 1C,
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has been made in respect of a person under the age of 17.
(2)
If—
(a)
the person subject to the order will be under the age of 18 at the
end of a period specified in subsection (3) (a “review period”),
and
35
(b)
the term of the order runs until the end of that period or beyond,

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—
40
(i)
the day on which the order was made, or

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(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
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).
(4)
In subsection (3) “supplemental order” means—
(a)
a further order varying the order in question;
10
(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—
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(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
20
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;
25
(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
30
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
35
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
40
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
45
in the carrying out of the review.

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(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
(b)
the appropriate chief officer of police;
5

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
person or body not required by subsection (3), (4) or (5) to co-operate in
10
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
the person subject to the order resides or appears to reside;
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“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.”
(2)
In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and
20
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
of 17, or an order varying such an order, may specify a relevant
25
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.”
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Individual support orders
(1)
In section 1AA of the Crime and Disorder Act 1998 (c. 37) (individual support
30
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
order is made.
35
(1A)
This section also applies where—
(a)
an anti-social behaviour order has previously been made in
respect of such a defendant;
(b)
an application is made by complaint to the court which made
that order, by the relevant authority which applied for it, for an
40
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
(ii)
the anti-social behaviour order is still in force.

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(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—”.
(2)
In subsection (3)(a) of that section, for the words after “the kind of behaviour
5
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
behaviour by the defendant);”.
10
(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,”.
(5)
In section 1AB of that Act (which makes further provision about individual
15
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
as a result of which it is made.”
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(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-
social behaviour orders.
25
(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—
“(9AA)
Sections 1AA and 1AB apply in relation to orders under this section,
30
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.
(9AC)
In its application by virtue of subsection (9AA), section 1AA(1A)(b) has
35
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.”