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
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance
248

Schedule 26
Section 145

Closure orders: premises associated with persistent disorder or nuisance

After Part 1 of the Anti-social Behaviour Act 2003 (c. 38) (premises where
drugs used unlawfully) insert the following Part.
“Part 1A
5
Premises associated with persistent disorder or nuisance
11A
Part 1A closure notice
(1)
This section applies to premises if a police officer not below the rank
of superintendent (“the authorising officer”) or the local authority
has reasonable grounds for believing—
10
(a)
that at any time during the relevant period a person has
engaged in anti-social behaviour on the premises, and
(b)
that the use of the premises is associated with significant and
persistent disorder or persistent serious nuisance to members
of the public.
15
(2)
The authorising officer may authorise the issue of a Part 1A closure
notice in respect of the premises if the officer is satisfied—
(a)
that the local authority has been consulted; and
(b)
that reasonable steps have been taken to establish the identity
of any person who lives on the premises or who has control
20
of or responsibility for, or an interest in, the premises.
(3)
The local authority may authorise the issue of a Part 1A closure
notice in respect of the premises if it is satisfied—
(a)
that the appropriate chief officer has been consulted; and
(b)
that reasonable steps have been taken to establish the identity
25
of any person who lives on the premises or who has control
of or responsibility for, or an interest in, the premises.
(4)
An authorisation under subsection (2) or (3) may be given orally or
in writing, but if it is given orally the authorising officer or local
authority (as the case may be) must confirm it in writing as soon as it
30
is practicable.
(5)
A Part 1A closure notice must—
(a)
give notice that an application will be made under
section 11B for the closure of the premises;
(b)
state that access to the premises by any person other than a
35
person who habitually resides in the premises or the owner
of the premises is prohibited;
(c)
specify the date and time when, and the place at which, the
application will be heard;
(d)
explain the effects of an order made in pursuance of
40
section 11B;
(e)
state that failure to comply with the notice amounts to an
offence; and
(f)
give information about relevant advice providers.

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance
249

(6)
A Part 1A closure notice must be served by—
(a)
a constable if its issue was authorised by the authorising
officer, or
(b)
an employee of the local authority if its issue was authorised
by the authority.
5
(7)
Service is effected by—
(a)
fixing a copy of the notice to at least one prominent place on
the premises,
(b)
fixing a copy of the notice to each normal means of access to
the premises,
10
(c)
fixing a copy of the notice to any outbuildings which appear
to the server of the notice to be used with or as part of the
premises,
(d)
giving a copy of the notice to at least one person who appears
to the server of the notice to have control of or responsibility
15
for the premises, and
(e)
giving a copy of the notice to the persons identified in
pursuance of subsection (2)(b) or (3)(b) (as the case may be)
and to any other person appearing to the server of the notice
to be a person of a description mentioned in that provision.
20
(8)
The Part 1A closure notice must also be served on any person who
occupies any other part of the building or other structure in which
the premises are situated if the server of the notice reasonably
believes, at the time of serving the notice under subsection (7), that
the person’s access to the other part of the building or structure will
25
be impeded if a Part 1A closure order is made under section 11B.
(9)
A person acting under subsection (7) may enter any premises, using
reasonable force if necessary, for the purposes of complying with
subsection (7)(a).
(10)
The Secretary of State may by regulations specify premises or
30
descriptions of premises to which this section does not apply.
(11)
In this section—
“information about relevant advice providers” means
information about the names of, and means of contacting,
persons and organisations in the area that provide advice
35
about housing and legal matters;
“the relevant period” means the period of 3 months ending with
the day on which the authorising officer or the local authority
(as the case may be) considers whether to authorise the issue
of a Part 1A closure notice in respect of the premises.
40
11B
Part 1A closure order
(1)
If a Part 1A closure notice has been issued under section 11A an
application must be made under this section to a magistrates’ court
for the making of a Part 1A closure order.
(2)
An application under subsection (1) must be made by—
45
(a)
a constable if the issue of the Part 1A closure notice was
authorised by the authorising officer, or

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance
250

(b)
the local authority if the issue of the Part 1A closure notice
was authorised by the authority.
(3)
The application must be heard by the magistrates’ court not later
than 48 hours after the notice was served in pursuance of section
11A(7)(a).
5
(4)
The magistrates’ court may make a Part 1A closure order if and only
if it is satisfied that each of the following paragraphs applies—
(a)
a person has engaged in anti-social behaviour on the
premises in respect of which the Part 1A closure notice was
issued;
10
(b)
the use of the premises is associated with significant and
persistent disorder or persistent serious nuisance to members
of the public;
(c)
the making of the order is necessary to prevent the
occurrence of such disorder or nuisance for the period
15
specified in the order.
(5)
A Part 1A closure order is an order that the premises in respect of
which the order is made are closed to all persons for such period (not
exceeding 3 months) as is specified in the order.
(6)
But the order may include such provision as the court thinks
20
appropriate relating to access to any part of the building or structure
of which the premises form part.
(7)
The magistrates’ court may adjourn the hearing on the application
for a period of not more than 14 days to enable—
(a)
the occupier of the premises,
25
(b)
the person who has control of or responsibility for the
premises, or
(c)
any other person with an interest in the premises,

to show why a Part 1A closure order should not be made.
(8)
If the magistrates’ court adjourns the hearing under subsection (7) it
30
may order that the Part 1A closure notice continues in effect until the
end of the period of the adjournment.
(9)
A Part 1A closure order may be made in respect of the whole or any
part of the premises in respect of which the Part 1A closure notice
was issued.
35
11C
Part 1A closure order: enforcement
(1)
This section applies if a magistrates’ court makes an order under
section 11B.
(2)
A relevant person may—
(a)
enter the premises in respect of which the order is made;
40
(b)
do anything reasonably necessary to secure the premises
against entry by any person.
(3)
A person acting under subsection (2) may use reasonable force.
(4)
But a relevant person seeking to enter the premises for the purposes
of subsection (2) must, if required to do so by or on behalf of the
45

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance
251

owner, occupier or other person in charge of the premises, produce
evidence of his identity and authority before entering the premises.
(5)
A relevant person may also enter the premises at any time while the
order has effect for the purpose of carrying out essential maintenance
of or repairs to the premises.
5
(6)
In this section “a relevant person”—
(a)
in relation to premises in respect of which a police Part 1A
closure order has effect, means a constable or a person
authorised by the appropriate chief officer;
(b)
in relation to premises in respect of which a local authority
10
Part 1A closure order has effect, means a person authorised
by the local authority.
11D
Closure of premises associated with persistent disorder or nuisance:
offences
(1)
A person who remains on or enters premises in contravention of a
15
Part 1A closure notice commits an offence.
(2)
A person who—
(a)
obstructs a person acting under section 11A(7) or 11C(2),
(b)
remains on closed premises, or
(c)
enters closed premises,
20

commits an offence.
(3)
A person guilty of an offence under this section is liable on summary
conviction—
(a)
to imprisonment for a period not exceeding 51 weeks, or
(b)
to a fine not exceeding level 5 on the standard scale,
25

or to both.
(4)
A person who has a reasonable excuse for entering or being on the
premises does not commit an offence under subsection (1) or (2)(b)
or (c) (as the case may be).
(5)
In relation to an offence committed before the commencement of
30
section 281(5) of the Criminal Justice Act 2003, the reference in
subsection (3)(a) to 51 weeks is to be read as a reference to 6 months.
11E
Part 1A closure order: extension and discharge
(1)
At any time before the end of the period for which a Part 1A closure
order is made or extended, a complaint may be made by—
35
(a)
a constable if the order is a police Part 1A closure order, or
(b)
the local authority if the order is a local authority Part 1A
closure order,

to a justice of the peace for an extension or further extension of the
period for which the order has effect.
40
(2)
A complaint may not be made under subsection (1) in relation to a
police Part 1A closure order unless the complaint is authorised by a
police officer not below the rank of superintendent—
(a)
who has reasonable grounds for believing that it is necessary
to extend the period for which the order has effect for the
45
purpose of preventing the occurrence of significant and

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance
252

persistent disorder or persistent serious nuisance to members
of the public, and
(b)
who is satisfied that the local authority has been consulted
about the intention to make the complaint.
(3)
A complaint may not be made under subsection (1) in relation to a
5
local authority Part 1A closure order unless the local authority—
(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
10
of the public, and
(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—
15
(a)
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, or
(b)
any other person who appears to the justice to have an
interest in the closed premises but on whom the Part 1A
20
closure notice was not served,

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
25
nuisance to members of the public for a further period, it may make
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.
30
(7)
Any of the following persons may make a complaint to a justice of
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
35
authority Part 1A closure order;
(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
40
whom the Part 1A closure notice was not served.
(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
45
person other than the local authority,

the justice may issue a summons directed to such constable as the
justice thinks appropriate or to the local authority (as the case may

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance
253

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
unless it is satisfied that the Part 1A closure order is no longer
necessary to prevent the occurrence of significant and persistent
5
disorder or persistent serious nuisance to members of the public.
(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
10
whom it is directed;
(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
15
constable as the justice thinks appropriate (unless a constable
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
20
(1)
This section applies to—
(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
25
must be brought to the Crown Court before the end of the period of
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—
30
(a)
a person on whom the Part 1A closure notice relating to the
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
35
may be brought by—
(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.
40
(5)
On an appeal under this section the Crown Court may make such
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—
45
(a)
in which closed premises are situated, and

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance
254

(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
5
section 11B or 11E, or
(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
10
to—
(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
15
(8) of section 11A; and
(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
20
or structure in which closed premises are situated.
(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
25
the purpose of clearing, securing or maintaining the premises in
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
30
(in full or in part) by the owner of the premises of the expenditure
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.
35
(4)
An application under this section must be served on—
(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
40
(c)
the owner of the premises.
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.
45