Police Reform and Social Responsibility Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Police Reform and Social Responsibility Bill

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
8

(2)
The elected local policing body’s police and crime objectives are the body’s
objectives for—
(a)
the policing of the body’s area,
(b)
crime and disorder reduction in that area, and
(c)
the discharge by the relevant police force of its national or international
5
functions.
(3)
A police and crime plan has effect from the start of the planning period until—
(a)
the end of that planning period, or
(b)
if another police and crime plan is issued in relation to the elected local
policing body’s area before the end of that planning period, the day
10
when that other plan first has effect.
(4)
The Secretary of State may give guidance to elected local policing bodies about
the matters to be dealt with in police and crime plans.
(5)
An elected local policing body must have regard to such guidance.
(6)
Before giving guidance under subsection (4) the Secretary of State must
15
consult—
(a)
such persons as appear to the Secretary of State to represent the views
of police and crime commissioners,
(b)
the Mayor’s Office for Policing and Crime,
(c)
such persons as appear to the Secretary of State to represent the views
20
of chief officers of police, and
(d)
such other persons as the Secretary of State thinks fit.
(7)
In this section, in relation to a police and crime plan—
“financial year” means the financial year of the elected local policing
body;
25
“ordinary election”—
(a)
in relation to a police and crime commissioner, has the meaning
given in section 5;
(b)
in relation to the Mayor’s Office for Policing and Crime, has the
meaning given in section 6;
30
“planning period”, in relation to a police and crime plan, is the period
that—
(a)
begins with—
(i)
the day on which the plan is issued, or
(i)
if a qualifying day is specified in the plan as the day on
35
which the plan is to begin to have effect, that day, and
(b)
ends with the last day of the financial year in which the next
ordinary election is expected to take place after the plan is
issued;
“qualifying day” means a day which meets the following conditions (so
40
far as applicable)—
(a)
the day must fall after the day on which the plan is issued;
(b)
the day must not fall after the day on which the next ordinary
election is expected to take place after the plan is issued;
(c)
in the case of a plan issued in accordance with the duty in
45
section 5(1) or 6(1), the day must be, or fall before, the first day
of the financial year following the financial year in which that
duty must be complied with.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
9

8
Duty to have regard to police and crime plan
(1)
A police and crime commissioner must, in exercising the functions of
commissioner, have regard to the police and crime plan issued by the
commissioner.
(2)
The chief constable of the police force for a police area listed in Schedule 1 to
5
the Police Act 1996 must, in exercising the functions of chief constable, have
regard to the police and crime plan issued by the police and crime
commissioner for that police area.
(3)
The Mayor’s Office for Policing and Crime must, in exercising the functions of
the Office, have regard to the police and crime plan issued by the Office.
10
(4)
The Commissioner of Police of the Metropolis must, in exercising the functions
of Commissioner, have regard to the police and crime plan issued by the
Mayor’s Office for Policing and Crime.
(5)
The Secretary of State may give guidance to a person subject to a duty under
this section about how that duty is to be complied with.
15
(6)
A person given such guidance must have regard to the guidance.
(7)
Before giving guidance under subsection (5) the Secretary of State must
consult—
(a)
such persons as appear to the Secretary of State to represent the views
of police and crime commissioners,
20
(b)
the Mayor’s Office for Policing and Crime,
(c)
such persons as appear to the Secretary of State to represent the views
of chief officers of police, and
(d)
such other persons as the Secretary of State thinks fit.
9
Crime and disorder reduction grants
25
(1)
The elected local policing body for a police area may make a crime and
disorder reduction grant to any person.
(2)
A crime and disorder reduction grant is a grant which, in the opinion of the
elected local policing body, will secure, or contribute to securing, crime and
disorder reduction in the body’s area.
30
(3)
The elected local policing body may make a crime and disorder reduction grant
subject to any conditions (including conditions as to repayment) which the
body thinks appropriate.
10
Co-operative working
(1)
The elected local policing body for a police area, in exercising its functions, and
35
a responsible authority, in exercising its functions conferred by or under
section 6 of the Crime and Disorder Act 1998 in relation to that police area,
must act in co-operation with each other.
(2)
The elected local policing body for a police area, and the criminal justice bodies
which exercise functions as criminal justice bodies in that police area, must
40
make arrangements (so far as it is appropriate to do so) for the exercise of
functions so as to provide an efficient and effective criminal justice system in
the police area.

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
10

(3)
The reference in subsection (1) to a responsible authority exercising functions
in relation to a police area is a reference to the responsible authority exercising
the functions in relation to a local government area that is comprised, or
included, in the police area.
(4)
In this section—
5
“criminal justice body”, in relation to the elected local policing body for a
police area, means—
(a)
the chief officer of police for that police area;
(b)
the Crown Prosecution Service;
(c)
the Lord Chancellor, in exercising functions under section 1 of
10
the Courts Act 2003 (duty to ensure efficient and effective courts
service);
(d)
a Minister of the Crown, in exercising functions in relation to
prisons (within the meaning of the Prisons Act 1952);
(e)
a youth offending team established under section 39 of the
15
Crime and Disorder Act 1998;
(f)
a person with whom the Secretary of State has made contractual
or other arrangements, under section 3(2) of the Offender
Management Act 2007, for the making of probation provision;
(g)
the Secretary of State, in making probation provision in
20
accordance with arrangements made by the Secretary of State
under section 3(5) of the Offender Management Act 2007;
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975;
“responsible authority” has the same meaning as in section 5 of the Crime
25
and Disorder Act 1998.
Information, consultation etc
11
Information for public etc
(1)
An elected local policing body—
(a)
must publish specified information; and
30
(b)
if the time or manner of the publication of that information is specified,
must publish it at that time or in that manner.
(2)
For that purpose, “specified” means specified by the Secretary of State by
order.
(3)
An elected local policing body must publish the information which the body
35
considers to be necessary to enable the persons who live in the body’s area to
assess—
(a)
the performance of the body in exercising the body’s functions, and
(b)
the performance of the relevant chief officer of police in exercising the
chief officer’s functions.
40
(4)
The information necessary to enable those persons to assess those matters by
reference to a particular time, or a particular period, must be published by the
elected local policing body as soon as practicable after that time or the end of
that period.
(5)
An elected local policing body may provide (whether by publication or other
45
means) information about—

Police Reform and Social Responsibility Bill
Part 1 — Police reform
Chapter 3 — Functions of elected local policing bodies etc
11

(a)
the exercise of the body’s functions, and
(b)
the exercise of the functions of the relevant chief officer of police.
12
Annual reports
(1)
Each elected local policing body must produce a report (an “annual report”)
on—
5
(a)
the exercise of the body’s functions in each financial year, and
(b)
the progress which has been made in the financial year in meeting the
police and crime objectives in the body’s police and crime plan.
(2)
As soon as practicable after producing an annual report, the elected local
policing body must send the report to the relevant police and crime panel.
10
(3)
The elected local policing body must attend before the panel at the public
meeting arranged by the panel in accordance with section 28(3), to—
(a)
present the report to the panel, and
(b)
answer the panel’s questions on the report.
(4)
The elected local policing body must—
15
(a)
give the panel a response to any report or recommendations on the
annual report (see section 28(3)), and
(b)
publish any such response.
(5)
It is for the police and crime panel to determine the manner in which a response
to a report or recommendations is to be published in accordance with
20
subsection (4)(b).
(6)
An elected local policing body must arrange for each annual report to be
published.
(7)
It is for the elected local policing body to determine the manner in which an
annual report is to be published.
25
13
Information for police and crime panels
(1)
An elected local policing body must provide the relevant police and crime
panel with any information which the panel may reasonably require in order
to carry out its functions.
(2)
But subsection (1) does not require the elected local policing body to provide
30
information if disclosure of the information—
(a)
would, in the view of the chief officer of police, be against the interests
of national security,
(b)
might, in the view of the chief officer of police, jeopardise the safety of
any person,
35
(c)
might, in the view of the chief officer of police, prejudice the prevention
or detection of crime, the apprehension or prosecution of offenders, or
the administration of justice, or
(d)
is prohibited by or under any enactment.
(3)
An elected local policing body may provide the relevant police and crime panel
40
with any other information which the body thinks appropriate.