Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 1 — Police reform
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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
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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.
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(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)).
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(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
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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
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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—
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(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
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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;
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(b)
in a case where the authorisation is for the carrying out of
intrusive surveillance in relation to any residential premises,

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Part 1 — Police reform
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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).
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(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
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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
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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
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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
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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—
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(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
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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—
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(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
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(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.”
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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,
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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
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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.
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(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.
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(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)—
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(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
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regulations, rules or order”.
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Police equipment
(1)
Section 53 of the Police Act 1996 (regulations as to standard of equipment) is
amended as follows.
(2)
In subsection (1A)—
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Policing and Crime Bill
Part 2 — Sexual offences and sex establishments
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(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;”.
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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
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(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,
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(b)
whether A is, or ought to be, aware that any of B’s activities are
controlled for gain.

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Part 2 — Sexual offences and sex establishments
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(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.”
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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
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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).
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(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.
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(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 “—
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(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;
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(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
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that takes place before the commencement of this section is to be disregarded.