House of Commons Public Bill Committee Proceedings

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Session 2008 - 09
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Other Bills before Parliament

Public Bill Committee Proceedings: 26 February 2009
74

Policing and Crime Bill, continued

(b)
any chief officer of police whom the constable considers it would be
15
appropriate to consult.

(4)
In the case of an application by a local authority, the consultation requirement is

that the local authority (“the applicant local authority”) must consult—

(a)
any chief officer of police whom the applicant local authority considers

it would be appropriate to consult, and
20
(b)
any other local authority that the applicant local authority considers it

would be appropriate to consult.’.

As Amendments to Mr Vernon Coaker’s proposed New Clause (Consultation by

applicants for injunctions) (NC 15):—

James Brokenshire

Mr David Ruffley

Not called  (a)

Line  9,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

applicant chief officer considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the applicant chief officer

considers would be appropriate to consult.’.

James Brokenshire

Mr David Ruffley

Not called  (b)

Line  15,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

constable considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the constable considers

would be appropriate to consult.’.

James Brokenshire

Mr David Ruffley

Not called  (c)

Line  21,  at end insert—

‘(c)
any primary care trust, mental health trust or other NHS authority that the

applicant local authority considers would be appropriate to consult; and

(d)
any youth offending team, local probation service or office of the

National Offender Management Service that the applicant local authority

considers would be appropriate to consult.’.

Applications without notice

Mr Vernon Coaker

Added  nc16

To move the following Clause:—

Public Bill Committee Proceedings: 26 February 2009
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‘(1)
An application under section [Applications for injunctions under section

[Injunctions to prevent gang-related violence]] may be made without the

respondent being given notice.

(2)
In this Part, such an application is referred to as an application without notice.

(3)
Section [Consultation by applicants for injunctions](1) does not apply in relation

to an application without notice.

(4)
If an application without notice is made the court must either—

(a)
dismiss the application, or

(b)
adjourn the proceedings.

(5)
If the court acts under subsection (4)(b), the applicant must comply with the

consultation requirement before the date of the first full hearing.

(6)
In this section “full hearing” means a hearing of which notice has been given to

the applicant and respondent in accordance with rules of court.’.

Interim injunctions: adjournment of on notice hearing

Mr Vernon Coaker

Added  nc17

To move the following Clause:—

‘(1)
This section applies if—

(a)
the court adjourns the hearing of an application for an injunction under

section [Injunctions to prevent gang-related violence], and

(b)
the respondent was notified of the hearing in accordance with rules of

court.

(2)
The court may grant an interim injunction if the court thinks that it is just and

convenient to do so.

(3)
An interim injunction granted under this section may not include a prohibition or

requirement which is expressed to be in force until further order.

(4)
Except as provided by subsection (3), an interim injunction under this section

may include any provision which the court has power to include in an injunction

granted under section [Injunctions to prevent gang-related violence] (including a

power of arrest).’.

Interim injunctions: adjournment of without notice hearing

Mr Vernon Coaker

Added  nc18

To move the following Clause:—

‘(1)
This section applies if the court adjourns the hearing of an application without

notice under section [Applications without notice](4)(b).

(2)
The court may grant an interim injunction if it thinks that it is necessary to do so.

(3)
An interim injunction under this section may not—

Public Bill Committee Proceedings: 26 February 2009
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(a)
include a prohibition or requirement which is expressed to be in force

until further order, or

(b)
have the effect of requiring the respondent to participate in particular

activities.

(4)
Except as provided by subsection (3), an interim injunction under this section

may include any provision which the court has power to include in an injunction

granted under section [Injunctions to prevent gang-related violence] (including a

power of arrest).’.

Variation or discharge of injunctions

Mr Vernon Coaker

Added  nc19

To move the following Clause:—

‘(1)
The court may vary or discharge an injunction under this Part if either—

(a)
a review hearing is held, or

(b)
an application to vary or discharge the injunction is made.

(2)
An application to vary or discharge the injunction may be made by—

(a)
the person who applied for the injunction;

(b)
the respondent.

(3)
Before applying for the variation or discharge of an injunction, a person

mentioned in subsection (2)(a) must notify the persons consulted under section

[Consultation by applicants for injunctions](1) or [Applications without

notice](5).’.

Arrest without warrant

Mr Vernon Coaker

Added  nc20

To move the following Clause:—

‘(1)
This section applies if a power of arrest is attached to a provision of an injunction

under this Part.

(2)
A constable may arrest without warrant a person whom the constable has

reasonable cause to suspect to be in breach of the provision.

(3)
If a constable arrests a person under subsection (2), the constable must inform the

person who applied for the injunction.

(4)
A person arrested under subsection (2) must be brought before a relevant judge

within the period of 24 hours beginning with the time of the arrest.

(5)
If the matter is not disposed of when the person is brought before the judge, the

judge may remand the person.

(6)
In calculating when the period of 24 hours mentioned in subsection (4) ends,

Christmas Day, Good Friday and any Sunday are to be disregarded.

(7)
In this Part “relevant judge”, in relation to an injunction, means—

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(a)
where the injunction was granted by the High Court, a judge of that court;

(b)
where the injunction was granted by a county court, a judge or district

judge of that or any other county court.’.

Issue of warrant of arrest

Mr Vernon Coaker

Added  nc21

To move the following Clause:—

‘(1)
This section applies in relation to an injunction under this Part.

(2)
If the person who applied for the injunction considers that the respondent is in

breach of any of its provisions, the person may apply to a relevant judge for the

issue of a warrant for the arrest of the respondent.

(3)
A relevant judge may not issue a warrant on an application under subsection (2)

unless the judge has reasonable grounds for believing that the respondent is in

breach of any provision of the injunction.

(4)
If a person is brought before a court by virtue of a warrant under subsection (3),

but the matter is not disposed of, the court may remand the person.’.

Remand for medical examination and report

Mr Vernon Coaker

Added  nc22

To move the following Clause:—

‘(1)
This section applies in relation to a person who is brought before the relevant

judge or the court under section [Arrest without warrant] or [Issue of warrant of

arrest].

(2)
If the relevant judge or the court has reason to consider that a medical report will

be required, the judge or the court may remand the person under section [Arrest

without warrant](5) or (as the case may be) [Issue of warrant of arrest](4) for the

purpose of enabling a medical examination to take place and a report to be made.

(3)
If the person is remanded in custody for that purpose, the adjournment may not

be for more than 3 weeks at a time.

(4)
If the person is remanded on bail for that purpose, the adjournment may not be

for more than 4 weeks at a time.

(5)
If the relevant judge or the court has reason to suspect that the person is suffering

from a mental disorder within the meaning of the Mental Health Act 1983, the

judge or the court has the same power to make an order under section 35 of that

Act (remand for report on accused’s medical condition) as the Crown Court has

under that section in the case of an accused person (within the meaning of that

section).’.

Public Bill Committee Proceedings: 26 February 2009
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Further provision about remands

Mr Vernon Coaker

Added  nc23

To move the following Clause:—

‘Schedule [Injunctions: powers to remand] (which makes further provision about

the remand of a person under sections [Arrest without warrant](5) and [Issue of

warrant of arrest](4)) has effect.’.

Guidance

Mr Vernon Coaker

Added  nc24

To move the following Clause:—

‘(1)
The Secretary of State must issue guidance relating to injunctions under this Part.

(2)
The Secretary of State may revise any guidance issued under subsection (1).

(3)
The Secretary of State must publish any guidance issued or revised under this

section.

(4)
Each of the following must have regard to any guidance published under

subsection (3)—

(a)
a chief officer of police for a police area;

(b)
the chief constable of the British Transport Police Force;

(c)
a local authority.’.

Supplemental

Mr Vernon Coaker

Added  nc25

To move the following Clause:—

‘(1)
Rules of court may provide that any power conferred on a county court to grant,

vary or discharge an injunction under this Part may be exercised by a judge or

district judge of that court.

(2)
Rules of court may provide that an appeal from a decision of the High Court or

county court to which this subsection applies may be made without notice being

given to the respondent.

(3)
Subsection (2) applies to a decision to refuse to grant an interim injunction under

section [Interim injunctions: adjournment of without notice hearing].’.

Public Bill Committee Proceedings: 26 February 2009
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Interpretation

Mr Vernon Coaker

Added  nc26

To move the following Clause:—

‘(1)
In this Part—

“application without notice” has the meaning given by section [Applications

without notice](2);

“court” means the High Court or a county court;

“local authority” has the meaning given by section [Applications for

injunctions under section [Injunctions to prevent gang-related

violence](2)];

“relevant judge” has the meaning given by section [Arrest without

warrant](7);

“respondent” means the person in respect of whom an application for an

injunction is made or (as the context requires) the person against whom

such an injunction is granted;

“review hearing” has the meaning given by section [Contents of injunctions:

supplemental](4);

“specify”, in relation to an injunction, means specify in the injunction;

“violence” includes violence against property.

(2)
Any reference in this Part to an injunction under this Part includes a reference to

an interim injunction.’.

Notification of proposal to include person in barred list: England and Wales

Mr Vernon Coaker

Added  NC27

To move the following Clause:—

‘(1)
The Safeguarding Vulnerable Groups Act 2006 (c. 47) is amended as follows.

(2)
After section 34 insert—

“34A
Notification of proposal to include person in children’s barred list

(1)
If ISA proposes to include a person (B) in the children’s barred list in the

circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 3, it—

(a)
must notify any person who is registered in relation to B under

section 32 in relation to regulated activity relating to children,

and

(b)
may notify any other person who it is satisfied falls within

subsection (2).

(2)
The following fall within this subsection—

(a)
any person who is permitting B to engage in regulated activity

relating to children,

(b)
any responsible person (within the meaning of section 23) who

is permitting B to engage in controlled activity relating to

children.

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(3)
A notification under this section must—

(a)
explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)
include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)
The requirement to notify a person under subsection (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

34B
Notification of proposal to include person in adults’ barred list

(1)
If ISA proposes to include a person (B) in the adults’ barred list in the

circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 3, it—

(a)
must notify any person who is registered in relation to B under

section 32 in relation to regulated activity relating to vulnerable

adults, and

(b)
may notify any other person who it is satisfied falls within

subsection (2).

(2)
The following fall within this subsection—

(a)
any person who is permitting B to engage in regulated activity

relating to vulnerable adults,

(b)
any responsible person (within the meaning of section 23) who

is permitting B to engage in controlled activity relating to

vulnerable adults.

(3)
A notification under this section must—

(a)
explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)
include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)
The requirement to notify a person under subsection (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

34C
Sections 34A and 34B: notification of outcome

(1)
Subsection (2) applies if ISA—

(a)
has notified a person (A) under section 34A or 34B that it

proposes to include another (B) in a barred list, and

(b)
includes B in the barred list or decides not to do so.

(2)
ISA must notify A that it has included B in the barred list or that it has

decided not to do so (as the case may be).

(3)
In a case where A is registered in relation to B under section 32 (or has

ceased to be so registered by virtue of B’s inclusion in the barred list), the

requirement in subsection (2) is satisfied if notification is sent to any

address recorded (or, as the case may be, formerly recorded) against A’s

name in the register.”

(3)
In section 31 (vetting information)—

(a)
in subsections (2) and (3), omit paragraph (b) and the “, and”

immediately before it, and