| Previous Section | Back to Table of Contents | Lords Hansard Home Page |
The noble Lord said: I beg to move.
Lord Hylton: Before the next stage of the Bill, will the Government consider whether the language of this group could be made briefer?
Lord Rooker: Each amendment is a brand new clause to the Bill. Clauses can be one line or 50 lines long. They are as brief as parliamentary counsel, in his or her wisdom, can make them.
On Question, amendments agreed to.
[Amendment No. 299 not moved.]
Clause 28 [Resignation in the interests of efficiency and effectiveness]:
[Amendment No. 300 had been withdrawn from the Marshalled List.]
Lord Dixon-Smith moved Amendment No. 300A:
The noble Lord said: Part 3 deals with the power of the Secretary of State to require an authority to cause to retire the commissioner or deputy commissioner, in the case of the Metropolitan Police, or the chief constable in a shire constabulary. It is unlikely that such a situation will arise so precipitately that it will be a complete surprise to anybody. Our aim in tabling Amendments Nos. 300A, 301A and 305 is not to delay the proceedings or to prevent the Home Secretary from exercising his power. We simply want him to take into account the views of the authority—which, after all, is the employer of the man in question—before exercising his power.
In normal circumstances, such situations will develop. They may not develop over a long period, but they will develop. One would have thought that reinstating the triangulation of consultation in this small way was worth doing. We are devoted to the proposition that police authorities have a responsible role to play in the management of their forces. It is a co-operative role. The tripartite arrangement depends entirely on co-operation between all its parts if it is to work. We thought the amendments worth tabling because, so far as we could tell, although the persons affected can make representations that have to be considered by the Secretary of State, the authority seems to be no more than a posting box for a requirement for action. We thought that authorities were entitled to have their views listened to. We do not intend to prevent the Secretary of State taking the action if the situation is at that point. We simply want to be sure that all views are properly considered on the way. I beg to move.
"ORDERS IN COUNTY COURT PROCEEDINGS
After section 1A of the Crime and Disorder Act 1998 (which is inserted by section (Power of Secretary of State to add to relevant authorities)), there shall be inserted—
"1B ORDERS IN COUNTY COURT PROCEEDINGS
(1) This section applies to any proceedings in a county court ("the principal proceedings").
(2) If a relevant authority—
(a) is a party to the principal proceedings, and
(b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,
it may make an application in those proceedings for an order under subsection (4).
(3) If a relevant authority—
(a) is not a party to the principal proceedings, and
(b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,
it may make an application to be joined to those proceedings to enable it to apply for an order under subsection (4) and, if it is so joined, may apply for such an order.
(4) If, on an application for an order under this subsection, it is proved that the conditions mentioned in section 1(1) are fulfilled as respects that other party, the court may make an order which prohibits him from doing anything described in the order.
(5) Subject to subsection (6), the party to the principal proceedings against whom an order under this section has been made and the relevant authority on whose application that order
was made may apply to the county court which made an order under this section for it to be varied or discharged by a further order.
(6) Except with the consent of the relevant authority and the person subject to the order, no order under this section shall be discharged before the end of the period of two years beginning with the date of service of the order.
(7) Subsections (5) to (7) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders made under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.""
After Clause 53, insert the following new clause—
"ORDERS ON CONVICTION IN CRIMINAL PROCEEDINGS
After section 1B of the Crime and Disorder Act 1998 (which is inserted by section (Orders in county court proceedings)), there shall be inserted—
"1C ORDERS ON CONVICTION IN CRIMINAL PROCEEDINGS
(1) This section applies where a person (the "offender") is convicted of a relevant offence.
(2) If the court considers—
(a) that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself, and
(b) that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him,
it may make an order which prohibits the offender from doing anything described in the order.
(3) The court may make an order under this section whether or not an application has been made for such an order.
(4) An order under this section shall not be made except—
(a) in addition to a sentence imposed in respect of the relevant offence; or
(b) in addition to an order discharging him conditionally.
(5) An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.
(6) An offender subject to an order under this section may apply to the court which made it for it to be varied or discharged.
(7) In the case of an order under this section made by a magistrates' court, the reference in subsection (6) to the court by which the order was made includes a reference to any magistrates' court acting for the same petty sessions area as that court.
(8) No application may be made under subsection (6) before the end of the period of two years beginning with the day on which the order takes effect.
(9) Subsections (7), (10) and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders.
(10) In this section—
"the commencement date" has the same meaning as in section 1 above;
"the court" in relation to an offender means—
(a) the court by or before which he is convicted of the relevant offence; or
(b) if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and
"relevant offence" means an offence committed after the coming into force of section (Orders on conviction in criminal proceedings) of the Police Reform Act 2002.""
After Clause 53, insert the following new clause—
"INTERIM ORDERS
(1) After section 1C of the Crime and Disorder Act 1998 (which is inserted by section (Orders on conviction in criminal proceedings)), there shall be inserted—
"1D INTERIM ORDERS
(1) The applications to which this section applies are—
(a) an application for an anti-social behaviour order; and
(b) an application for an order under section 1B.
(2) If, before determining an application to which this section applies, the court considers that it is just to make an order under this section pending the determination of that application ("the main application"), it may make such an order.
(3) An order under this section is an order which prohibits the defendant from doing anything described in the order.
(4) An order under this section—
(a) shall be for a fixed period;
(b) may be varied, renewed or discharged;
(c) shall, if it has not previously ceased to have effect, cease to have effect on the determination of the main application.
(5) Subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders."
(2) In section 4(1) of that Act (appeals), for "order or" there shall be substituted ", an order under section 1D or a"."
After Clause 53, insert the following new clause—
"CONSULTATION REQUIREMENTS
After section 1D of the Crime and Disorder Act 1998 (which is inserted by section (Interim orders)), there shall be inserted—
"1E CONSULTATION REQUIREMENTS
Before making an application for an anti-social behaviour order or for an order under section 1B—
(a) the council for a local government area shall consult every chief officer of police of any police force maintained for a police area within which any part of that local government area lies;
(b) any such chief officer shall consult that council and every other such chief officer; and
(c) any other relevant authority shall consult both that council and every such chief officer.""
Page 27, line 21, at end insert—
"(c) after subsection (5), there shall be inserted—
"( ) Before any action is taken under this section the Secretary of State shall take into account any representations by the appropriate police authority or Her Majesty's Inspectorate of Constabulary.""
Next Section
Back to Table of Contents
Lords Hansard Home Page