Criminal Justice and Immigration Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 10 — Anti-social behaviour
101


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;
15
(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
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Criminal Justice and Immigration Bill
Part 10 — Anti-social behaviour
102

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
20
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.”
151
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 10 — Anti-social behaviour
103

(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.”
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Criminal Justice and Immigration Bill
Part 11 — Policing
104

Parenting contracts and parenting orders
152
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;
25
(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 11
Policing
Misconduct procedures etc.
153
Police misconduct and performance procedures
(1)
Part 1 of Schedule 28—
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 11 — Policing
105

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.
154
Investigation of complaints of police misconduct etc.
10
Schedule 29 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
155
Financial assistance under section 57 of the Police Act 1996
15
(1)
After section 57(1) of the Police Act 1996 (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
20
maintenance of 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
25
(b)
may be given subject to terms and conditions determined by the
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
30
terms and conditions as to repayment with or without interest.
(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
35
1996 (c. 16) 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
subsection (1) above.