House of Commons Public Bill Committee Proceedings

Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee Proceedings: 17 February 2011
185

Police Reform and Social Responsibility Bill, continued

(d)
in sub-paragraph, omit “to”.

    (11)
In sub-paragraph (10)—

(a)
in the words before paragraph (a), for “Commission” substitute

“relevant appeal body”;

(b)
in sub-paragraph (a), after “authority” insert “(unless it is the relevant

appeal body)”;

(c)
in sub-paragraph (d), for “Commission” substitute “relevant appeal

body”.

    (12)
In sub-paragraph (11), for “The Commission” substitute “In a case where the

Commission is the relevant appeal body, it”.

    (13)
In sub-paragraph (13), for “Commission” substitute “relevant appeal body”.

21
In paragraph 29 (minor definitions), before the definition of “gross

misconduct” insert—

““direction and control matter” means a matter that relates to the

direction and control of a police force by—

(aa)
the chief officer of police of that force, or

(ab)
a person for the time being carrying out the functions of the

chief officer of police of that force;”.

22
After paragraph 29 insert—

“Appeals: the relevant appeal body

30  (1)
The relevant appeal body in relation to an appeal is—

(a)
the Commission, in a case where the relevant complaint

falls within a description of complaints specified in

regulations made by the Secretary of State for the purposes

of this paragraph; or

(b)
the chief officer of police who is the appropriate authority

in relation to the relevant complaint, in any other case.

      (2)
In this paragraph and paragraphs 31 and 32—

“appeal” means an appeal under paragraph 7(8), 8A, 21(7) or 25(2);

“relevant complaint”, in relation to an appeal, means the complaint to

which the appeal relates.

31  (1)
This paragraph applies in a case where—

(a)
an appeal is made to the Commission, and

(b)
the appropriate authority is the relevant appeal body in

relation to the appeal.

      (2)
The Commission must—

(a)
forward the appeal to the appropriate authority; and

(b)
notify the person who made the appeal—

(i)
that the appropriate authority is the relevant appeal

body; and

(ii)
the appeal has been forwarded.

      (3)
The appeal is to be taken to have been—

(a)
made to the appropriate authority, and

(b)
so made at the time when it is forwarded to the appropriate

authority.

32  (1)
This paragraph applies in a case where—

Public Bill Committee Proceedings: 17 February 2011
186

Police Reform and Social Responsibility Bill, continued

(a)
an appeal is made to the appropriate authority, and

(b)
the Commission is the relevant appeal body in relation to

the appeal.

      (2)
The appropriate authority must—

(a)
forward the appeal to the Commission; and

(b)
notify the person who made the appeal—

(i)
that the Commission is the relevant appeal body;

and

(ii)
the appeal has been forwarded.

      (3)
The appeal is to be taken to have been—

(a)
made to the Commission, and

(b)
so made at the time when it is forwarded to the

Commission.”.’.

Mr Matthew Offord

Not called  NS4

To move the following Schedule:—

‘Alcohol monitoring requirement

1
The Criminal Justice Act 2003 is amended as follows.

2
In section 177 (Community orders)—

(a)
in subsection (1), after paragraph (j), insert—

“(ja)
an alcohol monitoring requirement (as defined in section

212A),”,

(b)
in subsection (2), after paragraph (g), insert “, and

    (h)
section 212A(2) (alcohol monitoring requirement).”.

3
In section 182 (Licence conditions)—

(a)
in subsection (1), after paragraph (f), insert—

“(fa)
an alcohol monitoring requirement (as defined in section

212A),”,

(b)
in subsection (2), after paragraph (d), insert “, and

    (e)
section 212A(2) (alcohol monitoring requirement).”.

4
In section 185 (Intermittent custody: licence conditions), in subsection (1),

after paragraph (d), insert “, and

    (e)
section 212A(2) (alcohol monitoring requirement).”.

5
In section 190 (Imposition of requirements by suspended sentence order)—

(a)
in subsection (1), after paragraph (j), insert—

“(ja)
an alcohol monitoring requirement (as defined in section

212A),”,

(b)
in subsection (2), after paragraph (g), insert “, and

    (h)
section 212A(2) (alcohol monitoring requirement).”,

Public Bill Committee Proceedings: 17 February 2011
187

Police Reform and Social Responsibility Bill, continued

(c)
in subsection (4), after “an alcohol treatment requirement,”, insert “an

alcohol monitoring requirement”.

6
In section 238 (power of court to recommend licence conditions), after

subsection (1), insert—

“(1A)
That may include a recommendation that the offender should be

required to refrain from consuming alcohol, including a

requirement that the offender submit to testing.”.

7
In section 250 (Licence conditions), after subsection (2)(b)(ii), insert “, and

(iii)
a condition requiring the prisoner to refrain from

consuming alcohol, including a requirement that

the prisoner must submit to testing.”.

8    (1)
Schedule 8 (Breach, revocation or amendment of community order) is

amended in accordance with this paragraph.

      (2)
In paragraph 5 (Duty to give warning), in sub-paragraph (1), after the words

“community order”, insert “, other than a community order imposing an

alcohol monitoring requirement”.

      (3)
After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A  (1)
If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement the officer may arrest the offender and

must cause an information to be laid before a justice of the peace in

respect of the failure in question.

      (2)
In relation to any community order which was made by the Crown

Court and does not include a direction that any failure to comply

with the requirements of the order is to be dealt with by a

magistrates’ court, the reference in sub-paragraph (1) to a justice of

the peace is to be read as a reference to the Crown Court.”.

9    (1)
Schedule 12 (Breach or amendment of suspended sentence order, and effect of

further conviction) is amended in accordance with this paragraph.

      (2)
In paragraph 4 (Duty to give warning), in sub-paragraph (1), after “a suspended

sentence order”, insert “, other than an alcohol monitoring requirement”.

      (3)
After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A  (1)
If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement of a suspended sentence order the officer

may arrest the offender and must cause an information to be laid

before a justice of the peace in respect of the failure in question.

      (2)
In relation to any suspended sentence order which was made by the

Crown Court and does not include a direction that any failure to

comply with the requirements of the order is to be dealt with by a

magistrates’ court, the reference in sub-paragraph (1) to a justice of

the peace is to be read as a reference to the Crown Court.”.

Public Bill Committee Proceedings: 17 February 2011
188

Police Reform and Social Responsibility Bill, continued

10
In Schedule 14 (Persons to whom copies of requirements to be provided in

particular cases), after the entry for “an alcohol treatment requirement”,

insert—

“An alcohol monitoring requirement
Any person specified under section

212A(1).”.’.

Mr Matthew Offord

Not called  NS5

To move the following Schedule:—

‘Youth Rehabilitation Orders: Alcohol Monitoring Requirement

1
The Criminal Justice and Immigration Act 2008 is amended as follows.

2
In section 1 (youth rehabilitation orders), after subsection (1)(n), insert—

“(na)
an alcohol monitoring requirement (see paragraph 24A of that

Schedule,”.

3    (1)
Schedule 1 (further provision about youth rehabilitation orders) is amended in

accordance with this paragraph.

      (2)
In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

“(ka)
paragraph 24A(2) (alcohol monitoring requirements), and”.

      (3)
In paragraph 34(4) (provision of copies of orders), after the entry for “an

intoxicating substance treatment requirement”, insert—

“An alcohol monitoring requirement
Any person specified under paragraph

24A(1).”.

4    (1)
Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)

is amended in accordance with this paragraph.

      (2)
In paragraph 3(1) (duty to give warning), after “youth rehabilitation order”,

insert “, other than an order imposing an alcohol monitoring requirement,”.

      (3)
After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A
If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement the officer may arrest the offender and

must cause an information to be laid before a justice of the peace in

respect of that failure.

      (4)
In paragraph 21(1) (warrants) after “by virtue of this Schedule”, insert “or

under paragraph 4A”.’.

Public Bill Committee Proceedings: 17 February 2011
189

Police Reform and Social Responsibility Bill, continued

Nick Herbert

Agreed to

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

Bill, as amended, to be reported.



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