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Public Bill Committee: 12 February 2009                  

198

 

Policing and Crime Bill, continued

 
 

New ClauseS

 

Community punishments for graffiti and fly-posting

 

John Hemming

 

NC1

 

To move the following Clause:—

 

‘After section 43 of the Anti-Social Behaviour Act 2003 (c.38) insert—

 

“43A  

Community punishments for graffiti and fly-posting

 

(1)    

Where an authorised officer of a local authority has reason to believe that

 

a person has committed a relevant offence in the area of that authority, he

 

may give that person a notice offering him the opportunity of discharging

 

any liability to conviction for that offence by the completion of a

 

community service punishment in accordance with the notice.

 

(2)    

But an authorised officer may not give a notice under subsection (1) if he

 

considers that the commission of the offence—

 

(a)    

in the case of a relevant offence falling within section 44(1)(c),

 

also involves the commission of an offence under section 30 of

 

the Crime and Disorder Act 1998 (c. 37) (racially or religiously

 

aggravated criminal damage), or

 

(b)    

in the case of any other relevant offence, was motivated (wholly

 

or partly) by hostility—

 

(i)    

towards a person based upon his membership (or

 

presumed membership) of a racial or religious group, or

 

(ii)    

towards the members of a racial or religious group based

 

on their membership of that group.

 

(3)    

In the case of a relevant offence falling within section 44(1)(f), an

 

authorised officer may not give a notice to a person under subsection (1)

 

in relation to the display of an advertisement unless he has reason to

 

believe that that person personally affixed or placed the advertisement to,

 

against or upon the land or object on which the advertisement is or was

 

displayed.

 

(4)    

Where a person is given a notice under subsection (1) in respect of an

 

offence—

 

(a)    

no proceedings may be instituted for that offence (or any other

 

relevant offence arising out of the same circumstances) before

 

the expiration of the period of 14 days following the date of the

 

notice, and

 

(b)    

he may not be convicted of that offence (or any other relevant

 

offence arising out of the same circumstances) if before the

 

expiration of that period he agrees in writing to undertake the

 

community punishment in accordance with the notice.

 

(5)    

A notice under subsection (1) must give such particulars of the

 

circumstances alleged to constitute the offence as are necessary for

 

giving reasonable information of the offence.

 

(6)    

A notice under subsection (1) must also state—

 

(a)    

the period during which, by virtue of subsection (4), proceedings

 

will not be instituted for the offence,


 
 

Public Bill Committee: 12 February 2009                  

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Policing and Crime Bill, continued

 
 

(b)    

the number of hours which the person is required to work, which

 

shall not exceed 24,

 

(c)    

the period during which the hours must be worked, provided that

 

it shall not commence more than two months from the date on

 

which the notice is agreed to under subsection (4)(b), and

 

(d)    

the officer of a provider of probation services or, in the case of a

 

person aged under 18, the member of a youth offending team to

 

whom the person must report, and the time by which he must so

 

report.

 

(7)    

The authorised officer issuing the notice under subsection (1) must give

 

a copy of the notice to the officer specified in accordance with subsection

 

(6)(d) to whom the person must report and any other information relating

 

to the case which he considers likely to be of assistance.

 

(8)    

A notice under subsection (1) must be in such form as the appropriate

 

person may by order prescribe.

 

(9)    

The provisions of section 47 of the Powers of Criminal Courts

 

(Sentencing) Act 2000 (c. 6) (obligations of person subject to community

 

punishment order) shall apply in respect of a community punishment

 

notice.

 

(10)    

For the purposes of this section a police officer or police community

 

support officer shall have the same powers to issue notices.”’.

 


 

Composition of police authorities

 

Paul Holmes

 

Chris Huhne

 

NC2

 

To move the following Clause:—

 

‘For section 4 of the Police Act 1996 (Membership of police authorities etc)

 

substitute—

 

         

“Composition of police authorities

 

(1)    

Where a police authority has the same boundary as a local council, that

 

council will be the police authority.

 

(2)    

Each police authority established under section 3 shall consist of 17

 

members.

 

(3)    

Where a police authority boundary and a local council boundary are not

 

coterminous, two-thirds of the members of the police authority shall be

 

directly elected by Single Transferable Vote.

 

(4)    

The members of the police authority subject to clause (3) above shall be

 

elected once every four years on the same day as all or most of the local

 

government elections in the force area.

 

(5)    

Elections per clauses (3) and (4) above shall be voted on by all members

 

of the population over the age of 18 who reside within the relevant police


 
 

Public Bill Committee: 12 February 2009                  

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Policing and Crime Bill, continued

 
 

authority boundary and whom are eligible to vote in local government

 

elections.

 

(6)    

Where subsection (2) above applies, one-third of the members of the

 

police authorities shall be nominated from local councillors within the

 

police force area.

 

(7)    

Under subsection (1) or (2) above, police authorities may co-opt extra

 

members to ensure diversity, experience and expertise.

 

(8)    

In subsection (4) above, co-opted members may be—

 

(a)    

magistrates, or

 

(b)    

any person deemed appropriate by the exisiting members of the

 

police authority to which outside members are being co-opted.”’.

 


 

Appointment of chief constables and assistant chief constables

 

Paul Holmes

 

Chris Huhne

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Police Act 1996 is amended as follows.

 

(2)    

In section 11(1) (appointment and removal of chief constables) leave out “but

 

subject to the approval of the Secretary of State”.

 

(3)    

In section 11(2) leave out “acting with the approval of the Secretary of State”.

 

(4)    

In section 11(3), leave out “ Before seeking the approval of the Secretary of State

 

under subsection (2),”.

 

(5)    

In section 12(2) (assistant chief constables) leave out “and subject to the approval

 

of the Secretary of State”.

 

(6)    

In section 12(5) leave out “ Secretary of State” and insert “relevant police

 

authority”.

 

(7)    

For section 2 (removal of chief constables etc) substitute—

 

“(1)    

A police authority may exercise its power under section 11 to call upon

 

the chief constable to retire in the interests of efficiency or effectiveness.

 

(2)    

Before requiring the exercise or the similar power exercisable with

 

respect to an assistant chief constable, the police authotity shall give the

 

chief constable or assistant chief constable an oppurtunity to make

 

representations to him and shall consider any representations so made.”’.

 



 
 

Public Bill Committee: 12 February 2009                  

201

 

Policing and Crime Bill, continued

 
 

Responsibilities of police authorities

 

Paul Holmes

 

Chris Huhne

 

NC4

 

To move the following Clause:—

 

‘(1)    

Each police authority will have the ability to determine its own local precept

 

agreement with the relevant local council or councils as appropriate to its

 

individual requirements.

 

(2)    

Each police authority will have the ability to determine its own fiscal priorities in

 

accordance with its individual requirements.

 

(3)    

The Secretary of State may not give unsolicited directions to police authorities on

 

local precepts, minimum budgets or fiscal priorities.

 

(4)    

Each police authority has a duty to consult with the Secretary of State, and to take

 

account of national policing authorities.

 

(5)    

The Police Act 1996 is amended as follows.

 

(6)    

In section 6(2) (general functions of police authorities), leave out paragraph (a).

 

(7)    

In section 6(2)(c) leave out “whether in compliance with a direction under section

 

38 or otherwise”.

 

(8)    

In section 6 subsection (3) is omitted.

 

(9)    

For section 37A (setting of strategic priorities for police authorities) substitute—

 

         

“Policing objectives

 

Each individual police authority must determine objectives for the

 

policing of their own local area.”

 

(10)    

For section 38 (setting of performance targets) substitute—

 

    

“Where an objective has been determined under section 37, the relevant

 

police authority shall establish levels of performance (performance

 

targets to be aimed at in seeking to achieve the objective).”

 

(11)    

Section 39 (Codes of Practice) is repealed.

 

(12)    

Section 41 (Directions as to a minimum budget) is repealed.

 

(13)    

Section 44 (Reports from Chief constables) is repealed.

 

(14)    

The Local Government Act 1999 is amended as follows.

 

(15)    

In section 31(9) (major precepting authorities: further recognition), after “1992”,

 

insert “, but excluding police authorities and the Metropolitan Police

 

Authority”.’.

 


 

Extraordinary rendition

 

Paul Holmes

 

Dr Evan Harris

 

Chris Huhne

 

NC5

 

To move the following Clause:—

 

‘After section 24B of the Aviation Security Act 1982 (c. 36) insert—


 
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