Crime and Security Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Crime and Security Bill

Crime and Security Bill
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Gang-related violence
34
Grant of injunction: minimum age
In section 34 of the Policing and Crime Act 2009 (injunctions to prevent gang-
related violence), in subsection (1), after “grant an injunction” there is inserted
“against a respondent aged 14 or over”.
5
35
Review on respondent to injunction becoming 18
(1)
The Policing and Crime Act 2009 is amended as follows.
(2)
In section 36 (contents of injunctions: supplemental), after subsection (4) there
is inserted—
“(4A)
Where—
10
(a)
the respondent is under the age of 18 on the injunction date, and
(b)
any prohibition or requirement in the injunction is to have effect
after the respondent reaches that age and for at least the period
of four weeks beginning with the respondent’s 18th birthday,

the court must order the applicant and the respondent to attend a
15
review hearing on a specified date within that period.”
(3)
In section 42 (variation or discharge of injunctions), after subsection (4) there is
inserted—
“(4A)
Section 36(4A) does not apply where an injunction is varied to include
a prohibition or requirement which is to have effect as mentioned in
20
that provision but the variation is made within (or at any time after) the
period of four weeks ending with the respondent’s 18th birthday.”
36
Consultation of youth offending team
(1)
In the Policing and Crime Act 2009, section 38 (consultation by applicants for
injunctions) is amended as follows.
25
(2)
In subsection (2), after paragraph (a) there is inserted—
“(aa)
where the respondent is under the age of 18 (and will be under
that age when the application is made), the youth offending
team established under section 39 of the Crime and Disorder
Act 1998 in whose area it appears to the applicant that the
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respondent resides, and”.
(3)
After that subsection there is inserted—
“(3)
If it appears to the applicant that the respondent resides in the area of
two or more youth offending teams, the obligation in subsection (2)(aa)
is to consult such of those teams as the applicant thinks appropriate.”
35
37
Application for variation or discharge of injunction
In the Policing and Crime Act 2009, in section 42 (variation or discharge of

Crime and Security Bill
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injunctions), at the end there is inserted—
“(6)
If an application to vary or discharge an injunction under this Part is
dismissed, no further application to vary or discharge it may be made
by any person without the consent of the court.”
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Powers of court to remand
5
In the Policing and Crime Act 2009, in Schedule 5 (injunctions: powers to
remand), in paragraph 2(1)(a) (power to remand in custody), at the beginning
there is inserted “in the case of a person aged 18 or over”.
39
Powers of court on breach of injunction by respondent under 18
(1)
The Policing and Crime Act 2009 is amended as follows.
10
(2)
After section 46 (and after the heading “miscellaneous”) there is inserted—
“46A
Breach of injunction: supplementary powers in respect of under-18s
Schedule 5A (which makes provision about the powers of the court in
relation to breach of an injunction by a respondent aged under 18) has
effect.”
15
(3)
After Schedule 5 there is inserted—
“Schedule 5A
Section 46A

Breach of injunction: powers of court in respect of under-18s
Part 1
Introductory
20
Power to make supervision order or detention order
1     (1)
Where—
(a)
an injunction under Part 4 is granted against a person under
the age of 18, and
(b)
on an application made by the injunction applicant, the court
25
is satisfied beyond reasonable doubt that the person is in
breach of any provision of the injunction,

the court may make one of the orders specified in sub-paragraph (2)
in respect of the person.
      (2)
Those orders are—
30
(a)
a supervision order (see Part 2 of this Schedule);
(b)
a detention order (see Part 3 of this Schedule).
      (3)
The powers conferred by this paragraph are in addition to any other
power of the court in relation to the breach of the injunction.
      (4)
Before making an application under paragraph 1(1)(b) the injunction
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applicant must consult—
(a)
the youth offending team consulted under section 38(1) or
39(5) in relation to the injunction, and
(b)
any other person previously so consulted.

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      (5)
In considering whether and how to exercise its powers under this
paragraph, the court must consider representations made by the
youth offending team referred to in sub-paragraph (4)(a).
      (6)
An order under sub-paragraph (1) may not be made in respect of a
person aged 18 or over.
5
      (7)
The court may not make a detention order under sub-paragraph (1)
unless it is satisfied, in view of the severity or extent of the breach,
that no other power available to the court is appropriate.
      (8)
In this Schedule—
“defaulter”, in relation to an order under this Schedule, means
10
the person in respect of whom the order is made;
“injunction applicant”, in relation to an injunction under Part 4
or an order under this Schedule made in respect of such an
injunction, means the person who applied for the injunction;
“appropriate court”, in relation to an order under this Schedule,
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means—
(a)
where the order is made by the High Court, the High
Court;
(b)
where the order is made by a county court, a county
court.
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Part 2
Supervision orders
Supervision orders
2     (1)
A supervision order is an order imposing on the defaulter one or
more of the following requirements—
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(a)
a supervision requirement;
(b)
an activity requirement;
(c)
a curfew requirement.
      (2)
Before making a supervision order the court must obtain and
consider information about the defaulter’s family circumstances and
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the likely effect of such an order on those circumstances.
      (3)
Before making a supervision order imposing two or more
requirements, the court must consider their mutual compatibility.
      (4)
The court must ensure, as far as practicable, that any requirement
imposed by a supervision order is such as to avoid—
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(a)
any conflict with the defaulter’s religious beliefs,
(b)
any interference with the times, if any, at which the defaulter
normally works or attends school or any other educational
establishment, and
(c)
any conflict with the requirements of any other court order or
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injunction to which the defaulter may be subject.
      (5)
A supervision order must for the purposes of this Schedule specify a
maximum period for the operation of any requirement contained in
the order.

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      (6)
The period specified under sub-paragraph (5) may not exceed six
months beginning with the day after that on which the supervision
order is made.
      (7)
A supervision order must for the purposes of this Schedule specify a
youth offending team established under section 39 of the Crime and
5
Disorder Act 1998.
      (8)
The youth offending team specified under sub-paragraph (7) is to
be—
(a)
the youth offending team in whose area it appears to the
court that the respondent will reside during the period
10
specified under sub-paragraph (5), or
(b)
where it appears to the court that the respondent will reside
in the area of two or more such teams, such one of those
teams as the court may determine.
Supervision requirements
15
3     (1)
In this Schedule, “supervision requirement”, in relation to a
supervision order, means a requirement that the defaulter attend
appointments with—
(a)
the responsible officer, or
(b)
another person determined by the responsible officer,
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at such times and places as may be instructed by the responsible
officer.
      (2)
The appointments must be within the period for the time being
specified in the order under paragraph 2(5).
Activity requirements
25
4     (1)
In this Schedule, “activity requirement”, in relation to a supervision
order, means a requirement that the defaulter do any or all of the
following within the period for the time being specified in the order
under paragraph 2(5)—
(a)
participate, on such number of days as may be specified in
30
the order, in activities at a place, or places, so specified;
(b)
participate in an activity or activities specified in the order on
such number of days as may be so specified;
(c)
participate in one or more residential exercises for a
continuous period or periods comprising such number or
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numbers of days as may be specified in the order;
(d)
in accordance with sub-paragraphs (6) to (9), engage in
activities in accordance with instructions of the responsible
officer on such number of days as may be specified in the
order.
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      (2)
The number of days specified in a supervision order in relation to an
activity requirement must not, in aggregate, be less than 12 or more
than 24.
      (3)
A requirement referred to in sub-paragraph (1)(a) or (b) operates to
require the defaulter, in accordance with instructions given by the
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responsible officer, on the number of days specified in the order in
relation to the requirement—
(a)
in the case of a requirement referred to in sub-paragraph
(1)(a), to present himself or herself at a place specified in the
order to a person of a description so specified, or
5
(b)
in the case of a requirement referred to in sub-paragraph
(1)(b), to participate in an activity specified in the order,

and, on each such day, to comply with instructions given by, or
under the authority of, the person in charge of the place or the
activity (as the case may be).
10
      (4)
Where the order includes a requirement referred to in sub-paragraph
(1)(c) to participate in a residential exercise, it must specify, in
relation to the residential exercise—
(a)
a place, or
(b)
an activity.
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      (5)
A requirement under sub-paragraph (1)(c) to participate in a
residential exercise operates to require the defaulter, in accordance
with instructions given by the responsible officer—
(a)
if a place is specified under sub-paragraph (4)(a)—
(i)
to present himself or herself at the beginning of the
20
period specified in the order in relation to the
exercise, at the place so specified to a person of a
description specified in the instructions, and
(ii)
to reside there for that period;
(b)
if an activity is specified under sub-paragraph (4)(b), to
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participate, for the period specified in the order in relation to
the exercise, in the activity so specified,

and, during that period, to comply with instructions given by, or
under the authority of, the person in charge of the place or the
activity (as the case may be).
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      (6)
Subject to sub-paragraph (8), instructions under sub-paragraph
(1)(d) relating to any day must require the defaulter to do either of
the following—
(a)
present himself or herself to a person of a description
specified in the instructions at a place so specified;
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(b)
participate in an activity specified in the instructions.
      (7)
Any such instructions operate to require the defaulter, on that day or
while participating in that activity, to comply with instructions given
by, or under the authority of, the person in charge of the place or, as
the case may be, the activity.
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      (8)
If the supervision order so provides, instructions under sub-
paragraph (1)(d) may require the defaulter to participate in a
residential exercise for a period comprising not more than seven
days, and, for that purpose—
(a)
to present himself or herself at the beginning of that period to
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a person of a description specified in the instructions at a
place so specified and to reside there for that period, or
(b)
to participate for that period in an activity specified in the
instructions.

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      (9)
Instructions such as are mentioned in sub-paragraph (8)—
(a)
may not be given except with the consent of a parent or
guardian of the defaulter, and
(b)
operate to require the defaulter, during the period specified
under that sub-paragraph, to comply with instructions given
5
by, or under the authority of, the person in charge of the place
or activity specified under paragraph (a) or (b) of that sub-
paragraph.
     (10)
Instructions given by, or under the authority of, a person in charge of
a place under sub-paragraph (3), (5), (7) or (9)(b) may require the
10
defaulter to engage in activities otherwise than at that place.
     (11)
Where a supervision order contains an activity requirement, the
appropriate court may on the application of the injunction applicant
or the defaulter amend the order by substituting for any number of
days, place, activity, period or description of persons specified in the
15
order a new number of days, place, activity, period or description
(subject, in the case of a number of days, to sub-paragraph (2)).
     (12)
A court may only include an activity requirement in a supervision
order or vary such a requirement under sub-paragraph (11) if—
(a)
it has consulted the youth offending team which is to be, or
20
is, specified in the order,
(b)
it is satisfied that it is feasible to secure compliance with the
requirement or requirement as varied,
(c)
it is satisfied that provision for the defaulter to participate in
the activities proposed can be made under the arrangements
25
for persons to participate in such activities which exist in the
area of the youth offending team which is to be or is specified
in the order, and
(d)
in a case where the requirement or requirement as varied
would involve the co-operation of a person other than the
30
defaulter and the responsible officer, that person consents to
its inclusion or variation.
     (13)
For the purposes of sub-paragraph (9) “guardian” has the same
meaning as in the Children and Young Persons Act 1933 (subject to
sub-paragraph (14)).
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     (14)
If a local authority has parental responsibility for a defaulter who is
in its care or provided with accommodation by it in the exercise of
any social services functions, the reference to “guardian” in sub-
paragraph (9) is to be read as a reference to that authority.
     (15)
In sub-paragraph (14)—
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(a)
“parental responsibility” has the same meaning as it has in
the Children Act 1989 by virtue of section 3 of that Act;
(b)
“social services functions” has the same meaning as it has in
the Local Authority Social Services Act 1970 by virtue of
section 1A of that Act.
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Curfew requirements
5     (1)
In this Schedule, “curfew requirement”, in relation to a supervision
order, means a requirement that the defaulter remain, for periods
specified in the order, at a place so specified.
      (2)
A supervision order imposing a curfew requirement may specify
5
different places or different periods for different days.
      (3)
The periods specified under sub-paragraph (1)—
(a)
must be within the period for the time being specified in the
order under paragraph 2(5);
(b)
may not amount to less than two or more than eight hours in
10
any day.
      (4)
Before specifying a place under sub-paragraph (1) in a supervision
order, the court making the order must obtain and consider
information about the place proposed to be specified in the order
(including information as to the attitude of persons likely to be
15
affected by the enforced presence there of the defaulter).
      (5)
Where a supervision order contains a curfew requirement, the
appropriate court may, on the application of the injunction applicant
or the defaulter amend the order by—
(a)
substituting new periods for the periods specified in the
20
order under this paragraph (subject to sub-paragraph (3)); or
(b)
substituting a new place for the place specified in the order
under this paragraph (subject to sub-paragraph (4)).
Electronic monitoring requirements
6     (1)
A supervision order containing a curfew requirement may also
25
contain a requirement (an “electronic monitoring requirement”) for
securing the electronic monitoring of compliance with the curfew
requirement during a period—
(a)
specified in the order, or
(b)
determined by the responsible officer in accordance with the
30
order.
      (2)
In a case referred to in sub-paragraph (1)(b), the responsible officer
must, before the beginning of the period when the electronic
monitoring requirement is to take effect, notify—
(a)
the defaulter,
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(b)
the person responsible for the monitoring, and
(c)
any person falling within sub-paragraph (3)(b),

of the time when that period is to begin.
      (3)
Where—
(a)
it is proposed to include an electronic monitoring
40
requirement in a supervision order, but
(b)
there is a person (other than the defaulter) without whose co-
operation it will not be practicable to secure that the
monitoring takes place,

the requirement may not be included in the order without that
45
person’s consent.