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
255

(2)
A chief officer of police who has direction or control of 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.
(3)
Neither a local authority nor an employee of a local authority is liable
5
for relevant damages in respect of anything done or omitted to be
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;
10
(b)
so as to prevent an award of damages made in respect of an
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
15
damages (whether at common law or otherwise).
(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
20
(1)
This section applies to any person who incurs financial loss in
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—
25
(a)
the magistrates’ court which considered the application for a
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.
30
(3)
An application under this section must not be entertained unless it is
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
35
decision not to make a Part 1A closure order;
(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
40
as is mentioned in section 11A(1)(b),
(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
45
subsection (1), and

Criminal Justice and Immigration Bill
Schedule 26 — Closure orders: premises associated with persistent disorder or nuisance
256

(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
5
(1)
This section applies for the purposes of this Part.
(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—
10
(a)
any premises, or
(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
15
closure order has effect.
(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
20
council;
(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—
25
(a)
a county council;
(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
30
(c)
a Part 1A closure order relating to any premises,

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.
35
(9)
“The owner”, in relation to premises, means—
(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
40
the premises under a lease which (when granted) was for a
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—

Criminal Justice and Immigration Bill
Schedule 27 — Nuisance or disturbance on HSS premises
257

(a)
an order made under section 11B;
(b)
an order extended under section 11E;
(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).
5
(12)
“A police Part 1A closure order” means a Part 1A closure order made
or extended on the application of a constable.
(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.”
10
Schedule 27
Section 149

Nuisance or disturbance on HSS premises
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
15
premises, a nuisance or disturbance to an HSS staff member who is
working there or is otherwise there in connection with work,
(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
20
(c)
the person is not on the HSS premises for the purpose of obtaining
medical advice, treatment or care for himself or herself.
      (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—
25
(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
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
30
refused the advice, treatment or care during the last 8 hours.
      (4)
In this paragraph—
“hospital grounds” means land in the vicinity of a hospital and
associated with it,
“HSS premises” means—
35
(a)
any hospital vested in, or managed by, an HSS trust,
(b)
any building or other structure, or vehicle, associated with
the hospital and situated on hospital grounds (whether or not
vested in, or managed by, an HSS trust), and
(c)
the hospital grounds,
40
“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
a volunteer or otherwise),

Criminal Justice and Immigration Bill
Schedule 27 — Nuisance or disturbance on HSS premises
258

“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.
Power to remove person causing nuisance or disturbance
5
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
has committed an offence under paragraph 1, the authorised officer may—
10
(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).
      (4)
An authorised officer cannot remove a person under this paragraph or
15
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
(b)
the removal of the person would endanger the person’s physical or
20
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
by this paragraph, and
25
“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
to time prepare and publish guidance to HSS trusts and authorised officers
30
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
remove persons under paragraph 2,
35
(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
have been, committed under paragraph 1,
40
(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,

Criminal Justice and Immigration Bill
Schedule 28 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996
259

(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,
5
(h)
arrangements for ensuring that persons on HSS premises are aware
of the offence in paragraph 1 and the powers of removal in
paragraph 2, or
(i)
the keeping of records.
      (3)
Before publishing guidance under this paragraph, the Department of
10
Health, Social Services and Public Safety must consult such persons as the
Department considers appropriate.
      (4)
An HSS trust and an authorised officer must have regard to any guidance
published under this paragraph when exercising functions under, or in
connection with, paragraph 2.
15
      (5)
In this paragraph—
“authorised officer” has the same meaning as in paragraph 2, and
“HSS premises”, “HSS staff member” and “HSS trust” have the same
meaning as in paragraph 1.
Schedule 28
20
Section 153

Police misconduct and performance procedures
Part 1
Amendments to the Police Act 1996
1
The Police Act 1996 (c. 16) has effect subject to the following amendments.
General duty of Secretary of State
25
2
In section 36(2)(d) (general duty of Secretary of State) for “section 85”
substitute “sections 84 and 85”.
Regulations for police forces
3     (1)
Section 50 (regulations for police forces) is amended as follows.
      (2)
For subsection (3) substitute—
30
“(3)
Without prejudice to the powers conferred by this section,
regulations under this section shall—
(a)
establish, or
(b)
make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of
35
the conduct, efficiency and effectiveness of members of police forces,
including procedures for cases in which such persons may be dealt
with by dismissal.”
      (3)
In subsection (4) omit “, subject to subsection (3)(b),”.

Criminal Justice and Immigration Bill
Schedule 28 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996
260

Regulations for special constables
4     (1)
Section 51 (regulations for special constables) is amended as follows.
      (2)
In subsection (2)(ba) (conduct of special constables) after “conduct” insert “,
efficiency and effectiveness”.
      (3)
After subsection (2) insert—
5
“(2A)
Without prejudice to the powers conferred by this section,
regulations under this section shall—
(a)
establish, or
(b)
make provision for the establishment of,

procedures for the taking of disciplinary proceedings in respect of
10
the conduct, efficiency and effectiveness of special constables,
including procedures for cases in which such persons may be dealt
with by dismissal.”
Police Federations
5
In section 59(3) (representation only by another member of a police force
15
except in certain circumstances) for “provided by” substitute “provided in
regulations made in accordance with”.
Police Advisory Board
6     (1)
Section 63(3) (supply of draft regulations to the Police Advisory Board) is
amended as follows.
20
      (2)
In paragraph (a), for “regulations under section 50 or 52” substitute
“regulations or rules under section 50, 52, 84 or 85”.
      (3)
After “a draft of the regulations” insert “or rules”.
Representation at disciplinary and other proceedings
7
For section 84 substitute—
25
“84
Representation etc. at disciplinary and other proceedings
(1)
The Secretary of State shall by regulations make provision for or in
connection with—
(a)
enabling the officer concerned or a relevant authority to be
represented in proceedings conducted under regulations
30
made in pursuance of section 50(3) or section 51(2A);
(b)
enabling the panel conducting such proceedings to receive
advice from a relevant lawyer or another person falling
within any prescribed description of persons.
(2)
Regulations under this section may in particular make provision—
35
(a)
specifying the circumstances in which the officer concerned
or a relevant authority is entitled to be legally represented (by
a relevant lawyer);
(b)
specifying the circumstances in which the officer concerned
or a relevant authority is entitled to be represented by a
40
person (other than a relevant lawyer) who falls within any
prescribed description of persons;

Criminal Justice and Immigration Bill
Schedule 28 — Police misconduct and performance procedures
Part 1 — Amendments to the Police Act 1996
261

(c)
for securing that—
(i)
a relevant authority may be legally represented, and
(ii)
the panel conducting the proceedings may receive
advice from a relevant lawyer,

whether or not the officer concerned is legally represented.
5
(3)
Without prejudice to the powers conferred by this section,
regulations under this section shall, in relation to cases where the
officer concerned is entitled to legal or other representation, make
provision—
(a)
for securing that the officer is notified of his right to such
10
representation;
(b)
specifying when the officer is to be so notified;
(c)
for securing that proceedings at which the officer may be
dismissed are not to take place unless the officer has been
notified of his right to such representation.
15
(4)
In this section—
“the officer concerned”, in relation to proceedings within
subsection (1)(a), means the member of a police force or
special constable to whom the proceedings relate;
“the panel”, in relation to proceedings within subsection (1)(a),
20
means the panel of persons, or the person, prescribed for the
purpose of conducting the proceedings;
“prescribed” means prescribed by regulations under this
section;
“relevant authority” means—
25
(a)
where the officer concerned is a member of a police
force (other than a senior officer), or a special
constable, the chief officer of police of the police force
of which the officer is a member, or for which the
officer is appointed as a special constable;
30
(b)
where the officer concerned is a senior officer, the
police authority for the police force of which the
officer is a member;
“relevant lawyer” means a person who, for the purposes of the
Legal Services Act 2007, is an authorised person in relation to
35
an activity which constitutes the exercise of a right of
audience (within the meaning of that Act);
“senior officer” means a member of a police force holding a rank
above that of chief superintendent.
(5)
But in prescribed circumstances “relevant authority” also includes
40
the Independent Police Complaints Commission.
(6)
Regulations under this section may make different provision for
different cases and circumstances.
(7)
A statutory instrument containing regulations under this section
shall be subject to annulment in pursuance of a resolution of either
45
House of Parliament.”