Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Schedule 2 — Closure orders
137

(d)
an offence under section 50 of this Act, or Article 40 of the
Northern Ireland Order, committed by arranging or
facilitating a child’s prostitution;
(e)
an offence under section 52 of this Act or Article 62 of the
Northern Ireland Order;
5
(f)
an offence under section 53 of this Act or Article 63 of the
Northern Ireland Order.
(3)
The specified pornography offences are—
(a)
an offence under section 48 of this Act, or Article 38 of the
Northern Ireland Order, committed by causing or inciting a
10
child to be involved in pornography;
(b)
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 involvement in
pornography;
15
(c)
an offence under section 50 of this Act, or Article 40 of the
Northern Ireland Order, committed by arranging or
facilitating a child’s involvement in pornography.
(4)
Premises are being used for activities related to a specified
prostitution offence—
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(a)
in the case of an offence under section 47 of this Act or Article
37 of the Northern Ireland Order, at any time when the sexual
services mentioned in subsection (1)(a) of that section or, as
the case may be, paragraph (1)(a) of that Article are being
provided on the premises, and
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(b)
in the case of any other specified prostitution offence, at any
time when the person in respect of whom the offence is
committed is providing sexual services as a prostitute on the
premises.
(5)
Premises are being used for activities related to a specified
30
pornography offence at any time when the person in respect of
whom the offence is committed is doing anything on the premises
which enables an indecent image of himself or herself to be recorded.
(6)
Any reference to an offence under this Act includes a reference to—
(a)
an offence under section 70 of the Army Act 1955, section 70
35
of the Air Force Act 1955 or section 42 of the Naval Discipline
Act 1957 of which the corresponding civil offence (within the
meaning of the Act in question) is such an offence;
(b)
an offence under section 42 of the Armed Forces Act 2006 as
respects which the corresponding offence under the law of
40
England and Wales (within the meaning given by that
section) is such an offence.
Closure notices
136B
Power to authorise issue of closure notice
(1)
A member of a police force not below the rank of superintendent
45
(“the authorising officer”) may authorise the issue of a closure notice
in respect of any premises if three conditions are met.

Policing and Crime Bill
Schedule 2 — Closure orders
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(2)
The first condition is that the officer has reasonable grounds for
believing that either subsection (3) or (4) (or both) applies.
(3)
This subsection applies if, during the relevant period, the premises
were used for activities related to one or more specified prostitution
offences.
5

But this subsection does not apply if only one person obtained all of
the sexual services in question (whether or not on a single occasion).
(4)
This subsection applies if, during the relevant period, the premises
were used for activities related to one or more specified pornography
offences.
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(5)
In subsections (3) and (4), “the relevant period” means the period of
3 months ending with the day on which the officer is considering
whether to authorise the issue of the notice.
(6)
The second condition is that the officer has reasonable grounds for
believing that the making of a closure order under section 136D is
15
necessary to prevent the premises being used for activities related to
one or more specified prostitution or pornography offences.
(7)
The third condition is that the officer is satisfied—
(a)
that the local authority for the area in which the premises are
situated has been consulted, and
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(b)
that reasonable steps have been taken to establish the identity
of any person who resides on the premises or who has control
of or responsibility for or an interest in the premises.
(8)
For the purposes of the second condition, it does not matter whether
the officer believes that the offence or offences in question have been
25
committed or that they will be committed (or will be committed
unless a closure order is made).
(9)
An authorisation under subsection (1) may be given orally or in
writing, but if it is given orally the authorising officer must confirm
it in writing as soon as it is practicable.
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(10)
The issue of a closure notice may be authorised whether or not a
person has been convicted of any specified prostitution or
pornography offence that the authorising officer believes has been
committed.
(11)
The Secretary of State may by regulations specify premises or
35
descriptions of premises to which this section does not apply.
136C
Contents and service of closure notice
(1)
A closure notice must—
(a)
state that no-one other than a person who regularly resides
on, or owns, the premises may enter or remain on them,
40
(b)
state that failure to comply with the notice amounts to an
offence,
(c)
specify the offence or offences in respect of which the
authorising officer considers that the first and second
conditions in section 136B are met,
45
(d)
state that an application will be made under section 136D for
the closure of the premises,

Policing and Crime Bill
Schedule 2 — Closure orders
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(e)
specify the date and time when, and the place at which, that
application will be heard, and
(f)
explain the effects of an order under section 136D.
(2)
A closure notice must be served by a constable.
(3)
Service is effected by—
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(a)
fixing a copy of the notice to at least one prominent place on
the premises,
(b)
fixing a copy of the notice to each normal means of access to
the premises,
(c)
fixing a copy of the notice to any outbuildings which appear
10
to the constable to be used with or as part of the premises,
and
(d)
giving a copy of the notice to the persons identified in
pursuance of section 136B(7)(b) and to any other person
appearing to the constable to be a person of a description
15
mentioned in that provision.
(4)
A constable must also serve a copy of the notice on any person who
occupies any other part of a building or other structure in which the
premises are situated if, at the time of acting under subsection (3), the
constable reasonably believes that the person’s access to the other
20
part of the building or structure will be impeded if a closure order is
made.
(5)
Subsection (3)(d) or (4) does not require a constable to serve a copy
of the notice on a person if it is not reasonably practicable to do so.
(6)
A constable acting under subsection (3) may enter any premises,
25
using reasonable force if necessary, for the purpose of complying
with subsection (3)(a) to (c).
(7)
A closure notice has effect until an application for a closure order is
determined under section 136D.
(8)
But, if the hearing of an application for a closure order is adjourned,
30
the closure notice ceases to have effect unless the court makes an
order under section 136E(2).
Closure orders
136D
Power to make a closure order
(1)
If a closure notice has been issued, a constable must apply under this
35
section to a magistrates’ court for a closure order.
(2)
A closure order is an order that the premises in respect of which the
order is made are closed to all persons for such period not exceeding
3 months as is specified in the order.
(3)
The application must be heard by the magistrates’ court not later
40
than 48 hours after the notice was served in pursuance of section
136C(3)(a).
(4)
The magistrates’ court may make a closure order if two conditions
are met.

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Schedule 2 — Closure orders
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(5)
The first condition is that the court is satisfied that either subsection
(6) or subsection (7) (or both) applies.
(6)
This subsection applies if, during the relevant period, the premises
were used for activities related to one or more specified prostitution
offences.
5

But this subsection does not apply if only one person obtained all of
the sexual services in question (whether or not on a single occasion).
(7)
This subsection applies if, during the relevant period, the premises
were used for activities related to one or more specified pornography
offences.
10
(8)
In subsections (6) and (7), “the relevant period” means the period of
3 months ending with the day on which the issue of the closure
notice was authorised.
(9)
The second condition is that the court is satisfied that the making of
the closure order is necessary to prevent the premises being used for
15
activities related to one or more specified prostitution or
pornography offences during the period to be specified in the order.
(10)
For the purposes of the second condition, it does not matter whether
the court is satisfied that the offence or offences in question have
been committed or that they will be committed (or will be committed
20
unless a closure order is made).
(11)
A closure order may be made whether or not a person has been
convicted of any specified prostitution or pornography offence that
the court is satisfied has been committed.
136E
Making of closure orders: supplementary provision
25
(1)
The magistrates’ court may adjourn the hearing of an application for
a closure order for a period of not more than 14 days to enable any of
the following to show why a closure order should not be made—
(a)
an occupier of the premises;
(b)
a person who has control of or responsibility for the premises;
30
(c)
any other person with an interest in the premises.
(2)
If the court adjourns the hearing, it may order that the closure notice
continues in effect until the end of the period of the adjournment.
(3)
A closure order may include such provision as the court thinks
appropriate relating to access to any other part of a building or other
35
structure in which the premises are situated.
(4)
A closure order may be made in respect of the whole or any part of
the premises in respect of which the closure notice was issued.
Enforcement
136F
Closure order: enforcement
40
(1)
This section applies if a closure order is made.
(2)
A constable or an authorised person may—
(a)
enter the premises in respect of which the order is made;

Policing and Crime Bill
Schedule 2 — Closure orders
141

(b)
do anything reasonably necessary to secure the premises
against entry by any person.
(3)
A constable or an authorised person seeking to enter premises for the
purposes of subsection (2) must, if required to do so by or on behalf
of the owner, occupier or other person in charge of the premises,
5
produce evidence of the constable’s or (as the case may be) the
authorised person’s identity and authority before entering the
premises.
(4)
A constable or an authorised person may also enter the premises at
any time while the order has effect for the purpose of carrying out
10
essential maintenance of, or repairs to, the premises.
(5)
A constable or an authorised person acting under subsection (2) or
(4) may use reasonable force.
(6)
In this section “authorised person”—
(a)
in the application of this section to England and Wales,
15
means a person authorised by the chief officer of police for
the area in which the premises are situated;
(b)
in the application of this section to Northern Ireland, means
a person authorised by the Chief Constable of the Police
Service of Northern Ireland.
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136G
Closure of premises: offences
(1)
A person who remains on or enters premises in contravention of a
closure notice commits an offence.
(2)
A person who remains on or enters premises in contravention of a
closure order commits an offence.
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(3)
A person does not commit an offence under subsection (1) or (2) if the
person has a reasonable excuse for remaining on or entering the
premises.
(4)
A person who obstructs a constable or an authorised person acting
under section 136C(3) or (4) or 136F(2) or (4) commits an offence.
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(5)
A person guilty of an offence under this section is liable on summary
conviction—
(a)
to imprisonment for a period not exceeding 51 weeks, or
(b)
to a fine not exceeding level 5 on the standard scale,

or to both.
35
(6)
In relation to an offence committed before the commencement of
section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in
subsection (5)(a) to 51 weeks is to be read as a reference to 6 months.
(7)
In the application of this section to Northern Ireland—
(a)
the reference in subsection (5)(a) to 51 weeks is to be read as
40
a reference to 6 months, and
(b)
subsection (6) is omitted.
(8)
In this section “authorised person” has the same meaning as in
section 136F.