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House of Commons
Session 2008 - 09
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Other Bills before Parliament

Policing and Crime Bill


Policing and Crime Bill
Part 1 — Police reform

12

 

may grant an authorisation under that section on an application made

by a member of a collaborative force.

(1ZC)   

For the purposes of subsection (1ZB) a police force is a collaborative

force if—

(a)   

its chief officer of police is a party to the agreement mentioned

5

in subsection (1ZA); and

(b)   

its members are permitted by the terms of the agreement to

make applications for authorisations under section 28 or 29 to a

person who is a designated person for the purposes of that

section by reference to an office, rank or position with the

10

authorising force.

(1ZD)   

Subsection (1ZE) applies if the chief constable of a Scottish police force

(“the Scottish authorising force”) has made an agreement under section

12(1) of the Police (Scotland) Act 1967 with the chief constable of one or

more other Scottish police forces.

15

(1ZE)   

A person who is a designated person for the purposes of section 28 or

29 by reference to an office, rank or position with the Scottish

authorising force may grant an authorisation under that section on an

application made by a member of a collaborative force (subject to

subsection (1ZF)).

20

(1ZF)   

The person may grant the authorisation only if section 28(3)(a) or (c) or

29(3)(a) or (c) applies to it.

(1ZG)   

For the purposes of subsection (1ZE) a Scottish police force is a

collaborative force if—

(a)   

its chief constable is a party to the agreement mentioned in

25

subsection (1ZD); and

(b)   

its members are permitted by the terms of the agreement to

make applications for authorisations under section 28 or 29 to a

person who is a designated person for the purposes of that

section by reference to an office, rank or position with the

30

Scottish authorising force.”

(4)   

In subsection (3), at the beginning insert “Subject to subsections (3ZB) and

(3ZE),”.

(5)   

After subsection (3) insert—

“(3ZA)   

Subsection (3ZB) applies if—

35

(a)   

the chief officer of police of a police force (“the surveillance

authorising force”) has made an agreement under section 23(1)

of the Police Act 1996 with the chief office of police of one or

more other police forces; and

(b)   

an application for an authorisation for the carrying out of

40

intrusive surveillance is made by a member of a collaborative

force.

(3ZB)   

A person who is a senior authorising officer by reference to the

surveillance authorising force may—

(a)   

grant the authorisation;

45

(b)   

in a case where the authorisation is for the carrying out of

intrusive surveillance in relation to any residential premises,

 
 

Policing and Crime Bill
Part 1 — Police reform

13

 

grant the authorisation only in relation to premises in the area

which is—

(i)   

the area of operation of a collaborative force; and

(ii)   

specified in relation to members of that force in the

agreement mentioned in subsection (3ZA).

5

(3ZC)   

For the purposes of subsections (3ZA) and (3ZB) a police force is a

collaborative force if—

(a)   

its chief officer of police is a party to the agreement mentioned

in subsection (3ZA); and

(b)   

its members are permitted by the terms of the agreement to

10

make applications for authorisations for the carrying out of

intrusive surveillance to a person who is a senior authorising

officer by reference to the surveillance authorising force.

(3ZD)   

Subsection (3ZE) applies if—

(a)   

the chief constable of a Scottish police force (“the Scottish

15

surveillance authorising force”) has made an agreement under

section 12(1) of the Police (Scotland) Act 1967 with the chief

constable of one or more other Scottish police forces; and

(b)   

an application for an authorisation for the carrying out of

intrusive surveillance is made by a member of a collaborative

20

force.

(3ZE)   

A person who is a senior authorising officer by reference to the Scottish

surveillance authorising force may—

(a)   

grant the authorisation (subject to subsection (3ZF));

(b)   

in a case where the authorisation is for the carrying out of

25

intrusive surveillance in relation to any residential premises,

grant the authorisation only in relation to premises in the area

which is—

(i)   

the area of operation of a collaborative force; and

(ii)   

specified in relation to members of that force in the

30

agreement mentioned in subsection (3ZD).

(3ZF)   

The person may grant the authorisation only if section 32(3)(a) or (c)

applies to it.

(3ZG)   

For the purposes of subsections (3ZD) and (3ZE) a Scottish police force

is a collaborative force if—

35

(a)   

its chief constable is a party to the agreement mentioned in

subsection (3ZD); and

(b)   

its members are permitted by the terms of the agreement to

make applications for authorisations for the carrying out of

intrusive surveillance to a person who is a senior authorising

40

officer by reference to the Scottish surveillance authorising

force.”

(6)   

After subsection (5) insert—

“(5A)   

In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police

force is to the following—

45

(a)   

any police force maintained under section 2 of the Police Act

1996 (police forces in England and Wales outside London),

(b)   

the metropolitan police force; and

 
 

Policing and Crime Bill
Part 1 — Police reform

14

 

(c)   

the City of London police force.

(5B)   

In subsections (1ZD) to (1ZG) and (3ZD) to (3ZG) a reference to a

Scottish police force is to a police force maintained under or by virtue

of section 1 of the Police (Scotland) Act 1967.”

9       

Police officers engaged on service outside their force etc

5

(1)   

After section 97 of the Police Act 1996 (c. 16) insert—

“97A    

Power to amend section 97

(1)   

The Secretary of State may by order amend the definition of “relevant

service” in section 97(1).

(2)   

An order under this section may make transitional, consequential,

10

incidental and supplemental provision or savings.

(3)   

The provision that may be made under subsection (2) includes

provision amending any enactment.

(4)   

A statutory instrument containing an order under this section shall be

subject to annulment in pursuance of a resolution of either House of

15

Parliament.”

(2)   

After section 11 of the Police Pensions Act 1976 (c. 35) insert—

“11A    

Power to amend

(1)   

The Secretary of State may by order amend section 11 for the purpose

of altering the descriptions of service to which subsection (1) applies.

20

(2)   

An order under this section may make transitional, consequential,

incidental and supplemental provision or savings.

(3)   

The provision that may be made under subsection (2) includes

provision amending any enactment.

(4)   

An order under this section shall be made by statutory instrument.

25

(5)   

A statutory instrument containing an order under this section shall be

subject to annulment in pursuance of a resolution of either House of

Parliament.”

(3)   

In section 63(3) of the Police Act 1996 (consultation of Police Advisory Board

for England and Wales)—

30

(a)   

after paragraph (c) insert “or

(d)   

an order under section 97A, or

(e)   

an order under section 11A of the Police Pensions Act

1976 (power to amend kinds of service),”, and

(b)   

for “draft of the regulations or rules” substitute “draft of the

35

regulations, rules or order”.

10      

Police equipment

(1)   

Section 53 of the Police Act 1996 (regulations as to standard of equipment) is

amended as follows.

(2)   

In subsection (1A)—

40

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

15

 

(a)   

in paragraphs (a), (b), (c) and (e) for “all police forces in England and

Wales” substitute “one or more police forces”, and

(b)   

in paragraph (d) for “police forces in England and Wales” substitute

“one or more police forces”.

(3)   

In subsection (1B) for “generally of the police forces maintained for police areas

5

in England and Wales” substitute “of one or more police forces”.

(4)   

In subsection (2C) before paragraph (a) insert—

“(za)   

software;”.

11      

Police procedures and practices

(1)   

Section 53A of the Police Act 1996 (c. 16) (regulation of procedures and

10

practices) is amended as follows.

(2)   

In subsection (1) for “all police forces in England and Wales” substitute “one or

more police forces”.

(3)   

In subsection (7)(a) after “in order to” insert “—

(i)   

promote the efficiency and effectiveness of a police

15

force, or

(ii)   

”.

12      

Police facilities and services

In section 57(3) of the Police Act 1996 (regulations requiring police forces to use

specified facilities or services) for “all police forces in England and Wales”

20

substitute “one or more police forces”.

Part 2

Sexual offences and sex establishments

Prostitution

13      

Paying for sexual services of a controlled prostitute: England and Wales

25

After section 53 of the Sexual Offences Act 2003 (c. 42) insert—

“53A    

Paying for sexual services of a prostitute controlled for gain

(1)   

A person (A) commits an offence if—

(a)   

A makes or promises payment for the sexual services of a

prostitute (B), and

30

(b)   

any of B’s activities relating to the provision of those services

are intentionally controlled for gain by a third person (C).

(2)   

The following are irrelevant—

(a)   

where in the world the sexual services are to be provided and

whether those services are provided,

35

(b)   

whether A is, or ought to be, aware that any of B’s activities are

controlled for gain.

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

16

 

(3)   

An activity is “controlled for gain” by C if it is controlled by C for or in

the expectation of gain for C or another person (apart from A or B).

(4)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.”

14      

Paying for sexual services of a controlled prostitute: Northern Ireland

5

After Article 64 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769

(N.I. 12)) insert—

“64A    

Paying for sexual services of a prostitute controlled for gain

(1)   

A person (A) commits an offence if—

(a)   

A makes or promises payment for the sexual services of a

10

prostitute (B), and

(b)   

any of B’s activities relating to the provision of those services

are intentionally controlled for gain by a third person (C).

(2)   

The following are irrelevant—

(a)   

where in the world the sexual services are to be provided and

15

whether those services are provided,

(b)   

whether A is, or ought to be, aware that any of B’s activities are

controlled for gain.

(3)   

An activity is “controlled for gain” by C if it is controlled by C for or in

the expectation of gain for C or another person (apart from A or B).

20

(4)   

A person guilty of an offence under this Article shall be liable on

summary conviction to a fine not exceeding level 3 on the standard

scale.”

15      

Amendment to offence of loitering etc for purposes of prostitution

(1)   

The Street Offences Act 1959 (c. 57) is amended as follows.

25

(2)   

In subsection (1) of section 1 (loitering or soliciting for purposes of

prostitution)—

(a)   

for “common prostitute” substitute “person”, and

(b)   

after “female)” insert “persistently”.

(3)   

In subsection (4) of that section after “section” insert “—

30

(a)   

conduct is persistent if it takes place on two or more occasions

in any period of three months;

(b)   

any reference to a person loitering or soliciting for the purposes

of prostitution is a reference to a person loitering or soliciting

for the purposes of offering services as a prostitute;

35

(c)   

”.

(4)   

Omit section 2 (application to court by person cautioned for loitering or

soliciting).

(5)   

In determining for the purposes of section 1 of the Street Offences Act 1959 (as

amended by this section) whether a person’s conduct is persistent, any conduct

40

that takes place before the commencement of this section is to be disregarded.

 
 

 
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