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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 9 — General

130

 

(b)   

in relation to Wales, on such day as the Welsh Ministers may by order

appoint.

(5)   

The following provisions come into force on the day on which this Act is

passed—

(a)   

section 78,

5

(b)   

section 100, and

(c)   

sections 111(3) to (9) and 112 to 114, this section and section 116.

(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 7 (and section 111(1) so far as relating to that Part),

10

and

(b)   

Part 12 of Schedule 8 (and section 111(2) so far as relating to that Part).

(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

15

or different areas,

(c)   

includes power to make transitional, transitory or saving provision.

116     

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

131

 

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—

10

“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.

25

      (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—

30

(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

132

 

(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

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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.

30

      (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

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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.

40

      (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

133

 

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

134

 

      (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”).

20

      (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.

25

      (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.

 
 

Policing and Crime Bill
Schedule 1 — Schedule to the Street Offences Act 1959

135

 

      (4)  

Any power to remand the offender in custody which is conferred

by section 128 of the Magistrates’ Court Act 1980 (as modified by

sub-paragraph (3)) is to be taken to be a power to remand the

offender—

(a)   

if the offender is under the age of 18, to accommodation

5

provided by or on behalf of a local authority (within the

meaning of the Children Act 1989 (c. 41)), and

(b)   

if the offender is aged 18 or over, to a prison.

      (5)  

Where the court remands the offender to accommodation

provided by or on behalf of a local authority, the court must

10

designate, as the authority who are to receive the offender, the

local authority for the area in which it appears that the offender

resides or will reside.

Adjournments

11    (1)  

This paragraph applies to any hearing relating to an offender held

15

by a youth court or other magistrates’ court in any proceedings

under this Schedule.

      (2)  

The court may adjourn the hearing, and, where it does so, may—

(a)   

direct that the offender be released forthwith, or

(b)   

remand the offender.

20

      (3)  

Where the court remands the offender under sub-paragraph (2)—

(a)   

it must fix the time and place at which the hearing is to be

resumed, and

(b)   

that time and place must be the time and place at which the

offender is required to appear or be brought before the

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court by virtue of the remand.

      (4)  

Where the court adjourns the hearing under sub-paragraph (2) but

does not remand the offender—

(a)   

it may fix the time and place at which the hearing is to be

resumed, but

30

(b)   

if it does not do so, must not resume the hearing unless it

is satisfied that the offender and, where appropriate, the

supervisor have had adequate notice of the time and place

for the resumed hearing.

      (5)  

The powers of a magistrates’ court under this paragraph may be

35

exercised by a single justice of the peace, notwithstanding

anything in the Magistrates’ Courts Act 1980 (c. 43).

      (6)  

This paragraph—

(a)   

applies to any hearing in any proceedings under this

Schedule in place of section 10 of the Magistrates’ Courts

40

Act 1980 (adjournment of trial) where that section would

otherwise apply, but

(b)   

is not to be taken to affect the application of that section to

hearings of any other description.

 
 

Policing and Crime Bill
Schedule 2 — Closure orders

136

 

Notification

12    (1)  

This paragraph applies where a court revokes or amends an order

under any provision of this Schedule.

      (2)  

The proper officer must—

(a)   

provide copies of the revoking or amending order to the

5

offender and the supervisor, and

(b)   

in the case of an amending order which substitutes a new

local justice area, provide a copy of the amending order to

a magistrates’ court acting for that area.

      (3)  

If the court that revokes or amends the order is a magistrates’

10

court acting in a local justice area other than the area specified in

the order, the proper officer must provide a copy of the revoking

or amending order to a magistrates’ court acting in the local justice

area specified in the order.

      (4)  

Where the proper officer acts under sub-paragraph (2)(b), the

15

officer must also provide to the court such documents and

information relating to the case as it considers likely to be of

assistance to a court acting for that area in the exercise of any

function in relation to the order.

      (5)  

In this paragraph “proper officer” means the designated officer for

20

the court.”

Schedule 2

Section 20

 

Closure orders

1          

After Part 2 of the Sexual Offences Act 2003 (c. 42) insert the following new

Part—

25

“Part 2A

Closure orders

Basic definitions

136A    

Meaning of specified prostitution offence etc.

(1)   

This section applies for the purposes of this Part.

30

(2)   

The specified prostitution offences are—

(a)   

an offence under section 47 of this Act or Article 37 of the

Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/

1769 (N.I.2)) (“the Northern Ireland Order”);

(b)   

an offence under section 48 of this Act, or Article 38 of the

35

Northern Ireland Order, committed by causing or inciting a

child to become a prostitute;

(c)   

an offence under section 49 of this Act, or Article 39 of the

Northern Ireland Order, committed by controlling the

activities of a child relating to the child’s prostitution;

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