Policing and Crime Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 8 — General
101

84
Application of aspects of UK law to SOCA employees working abroad
In paragraph 20 of Schedule 1 to the Serious Organised Crime and Police Act
2005 (c.15) (SOCA not a Crown body) —
(a)
at the beginning insert “—(1) Subject to sub-paragraphs (2) to (4),”, and
(b)
at the end insert—
5
    “(2)
A member of SOCA’s staff who is acting, or purporting to act,
in the course of service as a member of SOCA’s staff is to be
treated, for the purposes of section 31(1) of the Criminal
Justice Act 1948 (jurisdiction in respect of certain indictable
offences committed in foreign countries), as a British subject
10
employed under Her Majesty’s Government in the United
Kingdom in the service of the Crown who is acting, or
purporting to act, in the course of the employment.
      (3)
A member of SOCA’s staff, so far as performing outside the United
Kingdom in the course of employment with SOCA or another
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person duties as a member of SOCA’s staff, is to be treated as
having overseas Crown employment for the purposes of sections 26
to 28 of the Income Tax (Earnings and Pensions) Act 2003 (liability
to income tax on earnings for employees who are resident but not
ordinarily resident in the UK or who are not resident in the UK).
20
      (4)
A member of SOCA’s staff who is obliged to live outside the
United Kingdom in order to perform duties as a member of
SOCA’s staff is to be treated as being in employment under
the Crown for the purposes of section 299 of the Act of 2003
(no liability to income tax for Crown employees’ foreign
25
service allowances).”
85
Partial exemption for SCDEA from Firearms Act 1968
In section 54(3) of the Firearms Act 1968 (c. 27) (police and other persons who
are exempt from certain provisions of the Act and to whom other provisions
apply with modifications), at the end of paragraph (c), insert “, or
30
(d)
a member of the Scottish Crime and Drug Enforcement
Agency”.
Part 8
General
86
Minor and consequential amendments and repeals and revocations
35
(1)
Schedule 6 (which contains minor and consequential amendments and repeals
and revocations of provisions which are superseded or no longer required or
which have not been brought into force) has effect.
(2)
The provisions listed in Schedule 7 are repealed or revoked to the extent
specified.
40
(3)
The Secretary of State may by order make such supplementary, incidental or
consequential provision as the Secretary of State considers appropriate for the
general purposes, or any particular purpose, of this Act or in consequence of

Policing and Crime Bill
Part 8 — General
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any provision made by or under this Act or for giving full effect to this Act or
any such provision.
(4)
The power conferred by subsection (3)—
(a)
is exercisable by statutory instrument, and
(b)
includes power to make transitional, transitory or saving provision.
5
(5)
The power conferred by this section may, in particular, be exercised by
amending, repealing, revoking or otherwise modifying any provision made by
or under an enactment (including this Act and any Act passed in the same
Session as this Act).
(6)
An instrument containing an order under this section may not be made unless
10
a draft of the instrument has been laid before, and approved by a resolution of,
each House of Parliament.
(7)
Subsection (6) does not apply to an instrument containing an order under this
section if the order does not amend or repeal a provision of a public general
Act.
15
(8)
An instrument containing an order under this section to which subsection (6)
does not apply is subject to annulment in pursuance of a resolution of either
House of Parliament.
87
Transitional, transitory and saving provision
The Secretary of State may by order made by statutory instrument make such
20
transitional, transitory or saving provision as the Secretary of State considers
appropriate in connection with the coming into force of any provision of this
Act.
88
Financial provisions
The following are to be paid out of money provided by Parliament—
25
(a)
any expenditure incurred by virtue of this Act by a Minister of the Crown or
government department, and
(b)
any increase attributable to this Act in the sums payable by virtue of any other
Act out of money so provided.
89
Extent
30
(1)
An amendment, repeal or revocation made by this Act has the same extent as
the provision amended, repealed or revoked subject to—
(a)
subsections (2) to (6), and
(b)
any express limitation contained in Schedule 6 or 7.
(2)
The following provisions extend to England and Wales and Northern Ireland
35
only—
(a)
section 20 and Schedule 2,
(b)
sections 21 to 24,
(c)
section 29,
(d)
section 72,
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(e)
section 81.
(3)
The following provisions extend to England and Wales only—

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Part 8 — General
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(a)
section 9(2),
(b)
section 25 and Schedule 3,
(c)
sections 68, 69 and 70,
(d)
section 79(1) and (2) (so far as relating to the Football Spectators Act
1989 (c. 37)).
5
(4)
Section 77 extends to England and Wales, Scotland and Northern Ireland.
(5)
Section 79(1) and (2) (so far as relating to the Police, Public Order and Criminal
Justice (Scotland) Act 2006 (asp 10)) extends to Scotland only.
(6)
Subsections (1) and (3) to (5) of section 80 extend to Scotland and Northern
Ireland and subsection (2) of that section extends to Scotland only.
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90
Commencement
(1)
Subject as follows, this Act comes into force on such day as the Secretary of
State may by order appoint.
(2)
Before making an order under subsection (1) relating to section 79 or 80, the
Secretary of State must obtain the consent of the Scottish Ministers.
15
(3)
The following provisions come into force on such day as the Treasury may by
order appoint—
(a)
section 73,
(b)
section 74, and
(c)
section 76.
20
(4)
Section 25, Schedule 3 and paragraph 23 of Schedule 6 come into force—
(a)
in relation to England, on such day as the Secretary of State may by
order appoint, and
(b)
in relation to Wales, on such day as the Welsh Ministers may by order
appoint.
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(5)
The following provisions come into force on the day on which this Act is
passed—
(a)
section 62,
(b)
section 75, and
(c)
sections 86(3) to (8) and 87 to 89, this section and section 91.
30
(6)
The following provisions come into force at the end of the period of 2 months
beginning with the day on which this Act is passed—
(a)
Part 12 of Schedule 6 (and section 86(1) so far as relating to that Part),
and
(b)
Part 11 of Schedule 7 (and section 86(2) so far as relating to that Part).
35
(7)
Any power to make an order under this section—
(a)
may be exercised by statutory instrument,
(b)
may be exercised so as to appoint different days for different purposes
or different areas,
(c)
includes power to make transitional, transitory or saving provision.
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91
Short title
This Act may be cited as the Policing and Crime Act 2009.

Policing and Crime Bill
Schedule 1 — Schedule to the Street Offences Act 1959
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Schedules
Schedule 1
Section 16(4)

Schedule to the Street Offences Act 1959
“Schedule
Section 1A(11)

ORDERS UNDER SECTION 1(2A): BREACH, AMENDMENT ETC.
5
Part 1
Preliminary
Interpretation and application
1     (1)
This Schedule applies to an order made under section 1(2A).
      (2)
In this Schedule, in relation to the order—
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“the offender” means the person in respect of whom the order
was made;
“the supervisor” means the person for the time being
specified as the supervisor in the order.
      (3)
For the purposes of this Schedule, the offender fails to comply
15
with the order if the offender fails to attend any of the three
meetings mentioned in section 1(2A) at the time and place
determined by the supervisor.
Part 2
Breach of requirement of order
20
Breach of requirement of order
2     (1)
If the supervisor is of the opinion that the offender has failed
without reasonable excuse to comply with the order, the
supervisor must cause an information to be laid before a justice of
the peace in respect of the failure.
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      (2)
If it appears on information to the justice of the peace that the
offender has failed to comply with the order, the justice may issue
a summons requiring the offender to appear at the place and time
specified in it.
      (3)
Any such summons must direct the offender to appear before—
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(a)
a youth court acting in the relevant local justice area, if the
offender is under the age of 18, or

Policing and Crime Bill
Schedule 1 — Schedule to the Street Offences Act 1959
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(b)
a magistrates’ court (other than a youth court) acting in the
relevant local justice area, if the offender is aged 18 or over.
      (4)
In sub-paragraph (3) “the relevant local justice area” means—
(a)
the local justice area for the time being specified in the
order, or
5
(b)
if it appears to the justice of the peace that the offender
resides in another local justice area, that local justice area.
Failure to answer to a summons
3     (1)
This paragraph applies where the offender does not appear in
answer to a summons issued under paragraph 2.
10
      (2)
The magistrates’ court may issue a warrant for the arrest of the
offender.
      (3)
Any such warrant must require the offender to be brought
before—
(a)
a youth court acting in the relevant local justice area, if the
15
offender is under the age of 18, or
(b)
a magistrates’ court (other than a youth court) acting in the
relevant local justice area, if the offender is aged 18 or over.
      (4)
In sub-paragraph (3) “the relevant local justice area” means—
(a)
the local justice area for the time being specified in the
20
order, or
(b)
if it appears to the magistrates’ court that the offender
resides in another local justice area, that local justice area.
Powers of magistrates’ court
4     (1)
This paragraph applies where—
25
(a)
the offender appears or is brought before a magistrates’
court in accordance with this Part of this Schedule, and
(b)
it is proved to the satisfaction of the court that the offender
has failed without reasonable excuse to comply with the
order.
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      (2)
The court—
(a)
must revoke the order (if it remains in force), and
(b)
may deal with the offender in respect of the failure by
dealing with the offender, for the offence in respect of
which the order was made, in any way in which the court
35
could deal with the offender if the offender had just been
convicted by it of the offence.
      (3)
In dealing with an offender under sub-paragraph (2)(b), the court
must take into account the extent to which the offender has
complied with the order.
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      (4)
A person sentenced under sub-paragraph (2)(b) may appeal to the
Crown Court against the sentence.

Policing and Crime Bill
Schedule 1 — Schedule to the Street Offences Act 1959
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Part 3
Amendment of order
Change of supervisor
5     (1)
Where the supervisor is unable to continue acting in that capacity,
the supervisor, a constable or the offender may apply to the
5
relevant magistrates’ court to amend the order by specifying a
different person to act as supervisor.
      (2)
Where the court is satisfied that the supervisor is unable to
continue acting, the court must—
(a)
amend the order by specifying a different person to act as
10
supervisor, or
(b)
if no such person is available, revoke the order.
      (3)
The person specified to act as supervisor must be a suitable person
(within the meaning given by section 1A(3)).
      (4)
In this paragraph “the relevant magistrates’ court” means—
15
(a)
a youth court acting in the relevant local justice area, if the
offender is under the age of 18, or
(b)
a magistrates’ court (other than a youth court) acting in the
relevant local justice area, if the offender is aged 18 or over.
      (5)
In sub-paragraph (4) “the relevant local justice area” means—
20
(a)
the local justice area for the time being specified in the
order, or
(b)
if the offender resides in another local justice area, that
local justice area.
6     (1)
Where a court revokes an order under paragraph 5(2)(b), it may
25
deal with the offender, for the offence in respect of which the order
was made, in any way in which the court could deal with the
offender if the offender had just been convicted by it of the offence
(other than by making an order under section 1(2A)).
      (2)
In dealing with an offender under sub-paragraph (1), the court
30
must take into account the extent to which the offender has
complied with the order.
      (3)
A person sentenced under sub-paragraph (1) may appeal to the
Crown Court against the sentence.
Substitution of different local justice area
35
7     (1)
The offender or the supervisor may apply to the relevant
magistrates’ court to amend the order by substituting another
local justice area for the area specified in the order.
      (2)
An application under sub-paragraph (1) may only be made if the
offender resides or will reside in the other local justice area.
40
      (3)
If the application is made by the supervisor, the relevant
magistrates’ court must amend the order by substituting the other
local justice area for the area specified in the order

Policing and Crime Bill
Schedule 1 — Schedule to the Street Offences Act 1959
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      (4)
If the application is made by the offender, the relevant
magistrates’ court may amend the order by substituting the other
local justice area for the area specified in the order.
      (5)
Sub-paragraphs (4) and (5) of paragraph 5 apply for the purposes
of this paragraph as they apply for the purposes of that paragraph.
5
Supplementary
8     (1)
Where the relevant magistrates’ court proposes to exercise its
powers under paragraph 5, otherwise than on the application of
the offender, it must summon the offender to appear before the
court and, if the offender does not appear in answer to the
10
summons, may issue a warrant for the arrest of the offender.
      (2)
An order may not be amended under this Part of this Schedule
while an appeal against the order is pending.
Part 4
Supplementary
15
Detention and remand of arrested offender
9     (1)
This paragraph applies where the offender is arrested in
pursuance of a warrant under this Schedule and cannot be
brought immediately before the court before which the warrant
directs him to be brought (“the appropriate court”).
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      (2)
The person in whose custody the offender is must, as soon as
practicable, bring the offender before—
(a)
any youth court, if the offender is under the age of 18, or
(b)
any magistrates’ court other than a youth court, if the
offender is aged 18 or over.
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      (3)
That person may make arrangements for the offender to be
detained until brought before the court.
      (4)
If the offender is under the age of 18 at the time of the arrest, the
arrangements made under sub-paragraph (3) must be for the
detention of the offender in a place of safety (within the meaning
30
of the Children and Young Persons Act 1933).
      (5)
A person who is detained in pursuance of arrangements made
under sub-paragraph (3) is deemed to be in legal custody.
10    (1)
This paragraph applies where the court before which an offender
is brought under paragraph 9(2) is not the appropriate court
35
(within the meaning of paragraph 9).
      (2)
The alternative court may direct that the offender is to be released
forthwith or remand him to appear before the appropriate court.
      (3)
For the purposes of sub-paragraph (2), section 128 of the
Magistrates’ Courts Act 1980 (c. 43) (remand in custody or on bail)
40
applies as if the court referred to in subsections (1)(a), (3), (4)(a)
and (5) were the appropriate court.