|
| |
|
(f) | the crime and disorder reduction grants which the elected local |
| |
policing body is to make, and the conditions (if any) to which such |
| |
| |
(2) | The elected local policing body’s police and crime objectives are the body’s |
| |
| 5 |
(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 |
| |
| |
(3) | A police and crime plan has effect from the start of the planning period until— |
| 10 |
(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 |
| |
when that other plan first has effect. |
| |
(4) | The Secretary of State may give guidance to elected local policing bodies about |
| 15 |
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 |
| |
| |
(a) | such persons as appear to the Secretary of State to represent the views |
| 20 |
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 |
| |
of chief officers of police, and |
| |
(d) | such other persons as the Secretary of State thinks fit. |
| 25 |
(7) | In this section, in relation to a police and crime plan— |
| |
“financial year” means the financial year of the elected local policing |
| |
| |
| |
(a) | in relation to a police and crime commissioner, has the meaning |
| 30 |
| |
(b) | in relation to the Mayor’s Office for Policing and Crime, has the |
| |
meaning given in section 6; |
| |
“planning period”, in relation to a police and crime plan, is the period |
| |
| 35 |
| |
(i) | the day on which the plan is issued, or |
| |
(i) | if a qualifying day is specified in the plan as the day on |
| |
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 |
| 40 |
ordinary election is expected to take place after the plan is |
| |
| |
“qualifying day” means a day which meets the following conditions (so |
| |
| |
(a) | the day must fall after the day on which the plan is issued; |
| 45 |
(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 |
| |
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. |
| |
8 | Duty to have regard to police and crime plan |
| 5 |
(1) | A police and crime commissioner must, in exercising the functions of |
| |
commissioner, have regard to the police and crime plan issued by the |
| |
| |
(2) | The chief constable of the police force for a police area listed in Schedule 1 to |
| |
the Police Act 1996 must, in exercising the functions of chief constable, have |
| 10 |
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. |
| |
(4) | The Commissioner of Police of the Metropolis must, in exercising the functions |
| 15 |
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. |
| |
(6) | A person given such guidance must have regard to the guidance. |
| 20 |
(7) | Before giving guidance under subsection (5) the Secretary of State must |
| |
| |
(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, |
| 25 |
(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 |
| |
(1) | The elected local policing body for a police area may make a crime and |
| 30 |
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. |
| |
(3) | The elected local policing body may make a crime and disorder reduction grant |
| 35 |
subject to any conditions (including conditions as to repayment) which the |
| |
| |
| |
(1) | The elected local policing body for a police area, in exercising its functions, and |
| |
a responsible authority, in exercising its functions conferred by or under |
| 40 |
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 |
| |
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 |
| |
| 5 |
(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. |
| |
| 10 |
“criminal justice body”, in relation to the elected local policing body for a |
| |
| |
(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 |
| 15 |
the Courts Act 2003 (duty to ensure efficient and effective courts |
| |
| |
(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 |
| 20 |
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 |
| 25 |
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 |
| |
| |
“responsible authority” has the same meaning as in section 5 of the Crime |
| 30 |
| |
Information, consultation etc |
| |
11 | Information for public etc |
| |
(1) | An elected local policing body— |
| |
(a) | must publish specified information; and |
| 35 |
(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 |
| |
| |
(3) | An elected local policing body must publish the information which the body |
| 40 |
considers to be necessary to enable the persons who live in the body’s area to |
| |
| |
(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. |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(5) | An elected local policing body may provide (whether by publication or other |
| 5 |
means) information about— |
| |
(a) | the exercise of the body’s functions, and |
| |
(b) | the exercise of the functions of the relevant chief officer of police. |
| |
| |
(1) | Each elected local policing body must produce a report (an “annual report”) |
| 10 |
| |
(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 |
| 15 |
policing body must send the report to the relevant police and crime panel. |
| |
(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. |
| 20 |
(4) | The elected local policing body must— |
| |
(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 |
| 25 |
to a report or recommendations is to be published in accordance with |
| |
| |
(6) | An elected local policing body must arrange for each annual report to be |
| |
| |
(7) | It is for the elected local policing body to determine the manner in which an |
| 30 |
annual report is to be published. |
| |
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. |
| 35 |
(2) | But subsection (1) does not require the elected local policing body to provide |
| |
information if disclosure of the information— |
| |
(a) | would, in the view of the chief officer of police, be against the interests |
| |
| |
(b) | might, in the view of the chief officer of police, jeopardise the safety of |
| 40 |
| |
(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 |
| |
with any other information which the body thinks appropriate. |
| |
14 | Arrangements for obtaining the views of the community on policing |
| |
(1) | Section 96 of the Police Act 1996 (arrangements for obtaining the views of the |
| 5 |
community on policing) is amended in accordance with this section. |
| |
(2) | In subsection (1), after paragraph (b) insert “; |
| |
| and for obtaining the views of victims of crime in that area about |
| |
matters concerning the policing of the area.”. |
| |
(3) | After subsection (1) insert— |
| 10 |
“(1A) | Those arrangements must include, in the case of— |
| |
(a) | a police area listed in Schedule 1, or |
| |
(b) | the metropolitan police district, |
| |
| arrangements for obtaining, before a police and crime plan is issued |
| |
under section 5 or 6 of the Police Reform and Social Responsibility Act |
| 15 |
2011, the views of the people in that police area, and the views of the |
| |
victims of crime in that area, on that plan. |
| |
(1B) | Those arrangements must include, in the case of a police area listed in |
| |
Schedule 1, arrangements for obtaining, before the first precept for a |
| |
financial year is issued by the police and crime commissioner under |
| 20 |
section 40 of the Local Government Finance Act 1992, the views of— |
| |
(a) | the people in that police area, and |
| |
(b) | the relevant ratepayers’ representatives, |
| |
| on the proposals of the police and crime commissioner for expenditure |
| |
(including capital expenditure) in that financial year. |
| 25 |
(1C) | Those arrangements must include, in the case of the metropolitan |
| |
police district, arrangements for obtaining, before the first calculations |
| |
in relation to the Mayor’s Office for Policing and Crime are made for a |
| |
financial year under section 85 of the Greater London Authority Act |
| |
| 30 |
(a) | the people in the metropolitan police district, and |
| |
(b) | the relevant ratepayers’ representatives, |
| |
| on the proposals of the Mayor’s Office for Policing and Crime for |
| |
expenditure (including capital expenditure) in that financial year.”. |
| |
(4) | For subsection (2) substitute— |
| 35 |
“(2) | Arrangements under this section are to be made by the local policing |
| |
body for the police area, after consulting the chief officer of police for |
| |
| |
(5) | Before subsection (6) insert— |
| |
“(5A) | In subsections (1B) and (1C) “relevant ratepayers’ representatives”, in |
| 40 |
relation to a police area listed in Schedule 1, or the metropolitan police |
| |
district, means the persons or bodies who appear to the elected local |
| |
policing body for that area or district to be representative of persons |
| |
subject to non-domestic rates under sections 43 and 45 of the Local |
| |
|
| |
|
| |
|
Government Finance Act 1988 as regards hereditaments situated in that |
| |
| |
(5B) | In determining which persons or bodies are relevant ratepayers’ |
| |
representatives, an elected local policing body must have regard to any |
| |
guidance given by the Secretary of State.” |
| 5 |
(6) | Omit subsections (6) to (10). |
| |
Other provisions about functions |
| |
15 | Supply of goods and services |
| |
(1) | Subsections (1), (2) and (3) of section 1 of the 1970 Act (supply of goods and |
| |
services by local authorities) apply, with the modification set out in subsection |
| 10 |
(2), to each elected local policing body as they apply to a local authority. |
| |
(2) | In those subsections, references to a public body (within the meaning of that |
| |
section) are to be read as references to any person. |
| |
(3) | An elected local policing body may not enter into an agreement with another |
| |
elected local policing body, or with the Common Council in its capacity as a |
| 15 |
police authority, under section 1 of the 1970 Act in respect of a matter which |
| |
could be the subject of force collaboration provision in a collaboration |
| |
agreement under section 22A of the Police Act 1996. |
| |
(4) | In this section “1970 Act” means the Local Authorities (Goods and Services) |
| |
| 20 |
16 | Appointment of persons not employed by elected local policing bodies |
| |
(1) | This section applies where an elected local policing body is required or |
| |
| |
(a) | to appoint a person to a specified post in the body, or |
| |
(b) | to designate a person as having specified duties or responsibilities. |
| 25 |
(2) | The elected local policing body may appoint or designate a person whether or |
| |
not the person is already a member of staff of the body. |
| |
(3) | Subsection (2) has effect in spite of any provision to the contrary in the Act that |
| |
is mentioned in subsection (1). |
| |
17 | Duties when carrying out functions |
| 30 |
(1) | In carrying out functions, an elected local policing body must have regard to |
| |
the views of people in the body’s area about policing in that area. |
| |
(2) | In carrying out functions in a particular financial year, an elected local policing |
| |
body must have regard to any report or recommendations made by the |
| |
relevant police and crime panel on the annual report for the previous financial |
| 35 |
year (see section 28(3)). |
| |
(3) | Subsection (2) does not affect any exercise of the functions of the elected local |
| |
policing body in any part of a particular financial year that falls— |
| |
(a) | before the body has received a report or recommendations on the |
| |
annual report for the previous financial year, or |
| 40 |
|
| |
|
| |
|
(b) | during the period after receipt of a report or recommendations when |
| |
the body is considering the report or recommendations. |
| |
(4) | This section is in addition to the duty under section 8 to have regard to the |
| |
| |
18 | Delegation of functions by police and crime commissioners |
| 5 |
(1) | A police and crime commissioner may arrange for any person to exercise any |
| |
function of the commissioner. |
| |
(2) | But a police and crime commissioner may not arrange— |
| |
(a) | for a person listed in subsection (3) to exercise any function; or |
| |
(b) | for any person to exercise a function listed in subsection (4). |
| 10 |
(3) | The persons referred to in subsection (2)(a) are— |
| |
(a) | a constable (whether or not in England and Wales); |
| |
(b) | a police and crime commissioner; |
| |
(c) | the Mayor’s Office for Policing and Crime; |
| |
| 15 |
(e) | the Common Council of the City of London; |
| |
(f) | any other person or body which maintains a police force. |
| |
(4) | The functions referred to in subsection (2)(b) are— |
| |
(a) | issuing a police and crime plan (see section 5); |
| |
(b) | determining police and crime objectives (see section 7); |
| 20 |
(c) | attendance at a meeting of a police and crime panel in compliance with |
| |
a requirement by the panel to do so (see section 29); |
| |
(d) | preparing an annual report to a policing and crime panel (see section |
| |
| |
(e) | appointing the chief constable, suspending the chief constable, or |
| 25 |
calling upon the chief constable to retire or resign (see section 38); |
| |
(f) | calculating a budget requirement (see section 43 of the Local |
| |
Government Finance Act 1992). |
| |
(5) | If a function of a police and crime commissioner is exercisable by any other |
| |
person in accordance with this section, any property or rights vested in the |
| 30 |
commissioner may be dealt with by the other person in exercising the function, |
| |
as if vested in that person. |
| |
19 | Delegation of functions by Mayor’s Office for Policing and Crime |
| |
(1) | The Mayor’s Office for Policing and Crime may— |
| |
(a) | appoint a person as the Deputy Mayor for Policing and Crime, and |
| 35 |
(b) | arrange for the Deputy Mayor for Policing and Crime to exercise any |
| |
function of the Mayor’s Office for Policing and Crime. |
| |
(2) | The Mayor’s Office for Policing and Crime may arrange for a person (who is |
| |
not the Deputy Mayor for Policing and Crime) to exercise any function of the |
| |
Mayor’s Office for Policing and Crime. |
| 40 |
(3) | But the Mayor’s Office for Policing and Crime may not— |
| |
(a) | appoint a person listed in subsection (6) as the Deputy Mayor for |
| |
| |
|
| |
|