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 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
15
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
35
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
25
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;
40