Serious Organised Crime and Police Bill

House of Lords

Session 2004 - 05
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Serious Organised Crime and Police Bill

Serious Organised Crime and Police Bill
Schedule 9 — Additional powers and duties of designated persons
199

for which they may be exercised and by a person whose
accreditation specifies that this paragraph applies to him, as if the
references to a constable were references to him.
      (5)
A person’s accreditation may not specify that this paragraph
applies to him unless it also specifies that paragraph 3A applies to
5
him.”
18
After paragraph 9 insert—
“Photographing of persons given fixed penalty notices
9ZA
An accredited person whose accreditation specifies that this
paragraph applies to him shall, within the relevant police area,
10
have the power of a constable under section 64A(1A) of the 1984
Act (photographing of suspects etc.) to take a photograph,
elsewhere than at a police station, of a person to whom the
accredited person has given a penalty notice (or as the case may be
a fixed penalty notice) in exercise of any power mentioned in
15
paragraph 1(2).”
Schedule 9
Section 118

Additional powers and duties of designated persons
1
Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by
police civilians) is amended as follows.
20
Community Support Officers
2
In paragraph 2 (power to detain etc.), after sub-paragraph (4) insert—
   “(4A)
If a person has imposed a requirement under sub-paragraph (3) or
(3C) on another person (“P”), and P does not make an election
under sub-paragraph (4), the person imposing the requirement
25
shall, if a constable arrives within the thirty-minute period, be
under a duty to remain with the constable and P until he has
transferred control of P to the constable.
     (4B)
If, following an election under sub-paragraph (4), the person
imposing the requirement under sub-paragraph (3) or (3C) (“the
30
CSO”) takes the person upon whom it is imposed (“P”) to a police
station, the CSO—
(a)
shall be under a duty to remain at the police station until
he has transferred control of P to the custody officer there;
(b)
until he has so transferred control of P, shall be treated for
35
all purposes as having P in his lawful custody; and
(c)
for so long as he is at the police station, or in its immediate
vicinity, in compliance with, or having complied with, his
duty under paragraph (a), shall be under a duty to prevent
P’s escape and to assist in keeping P under control.”
40
3
In paragraph 4 (power to use reasonable force to detain person)—

Serious Organised Crime and Police Bill
Schedule 9 — Additional powers and duties of designated persons
200

(a)
in sub-paragraph (2)(b), after “relevant offences” insert “or relevant
licensing offences”,
(b)
in sub-paragraph (3), after “making off” insert “and to keep him
under control”.
4
After paragraph 4 insert—
5
“4ZA
Where a designation applies this paragraph to any person, that
person may, if he has imposed a requirement on any person to
wait with him under paragraph 2(3C) or by virtue of paragraph
7A(8) or 7C(2)(a), use reasonable force to prevent that other person
from making off and to keep him under control while he is
10
either—
(a)
subject to that requirement; or
(b)
accompanying the designated person to a police station in
accordance with an election made under sub-paragraph (4)
of paragraph 2.
15
4ZB
Where a designation applies this paragraph to any person, that
person, if he is complying with any duty under sub-paragraph
(4A) or (4B) of paragraph 2, may use reasonable force to prevent P
(as identified in those sub-paragraphs) from making off (or
escaping) and to keep him under control.”
20
Investigating officers
5
In paragraph 22 (power to transfer persons into custody of investigating
officers), in sub-paragraph (2)—
(a)
in paragraph (b), after “duty” insert “to keep that person under
control and”,
25
(b)
in paragraph (c), at the end add “and under his control”.
6
After paragraph 22 insert—
“Powers in respect of detained persons
22A
Where a designation applies this paragraph to any person, he shall
be under a duty, when in the course of his employment he is
30
present at a police station—
(a)
to assist any officer or other designated person to keep any
person detained at the police station under control; and
(b)
to prevent the escape of any such person,

and for those purposes shall be entitled to use reasonable force.”
35
Detention officers
7
After paragraph 33A (inserted by paragraph 13 of Schedule 8 to this Act)
insert—
“Powers in respect of detained persons
33B
Where a designation applies this paragraph to any person, he shall
40
be under a duty, when in the course of his employment he is
present at a police station—

Serious Organised Crime and Police Bill
Schedule 9 — Additional powers and duties of designated persons
201

(a)
to keep under control any person detained at the police
station and for whom he is for the time being responsible;
(b)
to assist any officer or other designated person to keep any
other person detained at the police station under control;
and
5
(c)
to prevent the escape of any such person as is mentioned
in paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.
33C
Where a designation applies this paragraph to any person, he shall
be entitled to use reasonable force when—
10
(a)
securing, or assisting an officer or another designated
person to secure, the detention of a person detained at a
police station in the relevant police area, or
(b)
escorting within a police station in the relevant police area,
or assisting an officer or another designated person to
15
escort within such a police station, a person detained
there.”
Escort officers
8     (1)
Paragraph 34 (power to take an arrested person to a police station) is
amended as follows.
20
      (2)
In sub-paragraph (1)(c)—
(a)
in paragraph (ii), after “duty” insert “to keep the person under
control and”,
(b)
in paragraph (iii), at the end add “and under his control”.
      (3)
After sub-paragraph (1)(c) add—
25
“(d)
a person who has taken another person to a police station
in exercise of the power conferred by virtue of paragraph
(a)—
(i)
shall be under a duty to remain at the police station
until he has transferred control of the other person
30
to the custody officer at the police station;
(ii)
until he has so transferred control of the other
person, shall be treated for all purposes as having
that person in his lawful custody;
(iii)
for so long as he is at the police station or in its
35
immediate vicinity in compliance with, or having
complied with, his duty under sub-paragraph (i),
shall be under a duty to prevent the escape of the
other person and to assist in keeping him under
control; and
40
(iv)
shall be entitled to use reasonable force for the
purpose of complying with his duty under sub-
paragraph (iii).”
9     (1)
Paragraph 35 (escort of persons in police detention) is amended as follows.
      (2)
In sub-paragraph (3)—
45
(a)
in paragraph (b), after “duty” insert “to keep the person under
control and”,

Serious Organised Crime and Police Bill
Schedule 10 — Hatred against persons on racial or religious grounds
202

(b)
in paragraph (c), at the end add “and under his control”.
      (3)
After sub-paragraph (3) insert—
   “(3A)
A person who has escorted another person to a police station or
other place in accordance with an authorisation under sub-
paragraph (1) or (2) —
5
(a)
shall be under a duty to remain at the police station or
other place until he has transferred control of the other
person to a custody officer or other responsible person
there;
(b)
until he has so transferred control of the other person, shall
10
be treated for all purposes as having that person in his
lawful custody;
(c)
for so long as he is at the police station or other place, or in
its immediate vicinity, in compliance with, or having
complied with, his duty under paragraph (a), shall be
15
under a duty to prevent the escape of the other person and
to assist in keeping him under control; and
(d)
shall be entitled to use reasonable force for the purpose of
complying with his duty under paragraph (c).”
Staff custody officers
20
10
After paragraph 35A (inserted by section 116(5) of this Act) insert—
“Powers in respect of detained persons
35B
Where a designation applies this paragraph to any person, he shall
be under a duty, when in the course of his employment he is
present at a police station—
25
(a)
to keep under control any person detained at the police
station and for whom he is for the time being responsible;
(b)
to assist any officer or other designated person to keep any
other person detained at the police station under control;
and
30
(c)
to prevent the escape of any such person as is mentioned
in paragraph (a) or (b),

and for those purposes shall be entitled to use reasonable force.”
Schedule 10
Section 124

Hatred against persons on racial or religious grounds
35
1
Part 3 of the Public Order Act 1986 (c. 64) (racial hatred offences) has effect
subject to the following amendments.
2
For the heading for Part 3 substitute “HATRED AGAINST PERSONS ON
RACIAL OR RELIGIOUS GROUNDS”.

Serious Organised Crime and Police Bill
Schedule 10 — Hatred against persons on racial or religious grounds
203

3
After section 17 insert—
“Meaning of “religious hatred”
17A
Meaning of “religious hatred”
In this Part “religious hatred” means hatred against a group of
persons defined by reference to religious belief or lack of religious
5
belief.”
4
In the cross-heading before section 18 for “racial hatred” substitute “racial or
religious hatred”.
5     (1)
Section 18 (use of words or behaviour or display of written material) is
amended as follows.
10
      (2)
In subsections (1)(a) and (5) for “racial hatred” substitute “racial or religious
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances the words, behaviour
or material are (or is) likely to be heard or seen by any person
15
in whom they are (or it is) likely to stir up racial or religious
hatred.”
6     (1)
Section 19 (publishing or distributing written material) is amended as
follows.
      (2)
In subsections (1)(a) and (2) for “racial hatred” substitute “racial or religious
20
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances the material is likely to
be seen by any person in whom it is likely to stir up racial or
religious hatred.”
25
7     (1)
Section 20 (public performance of play) is amended as follows.
      (2)
In subsections (1)(a) and (2) (in both places) for “racial hatred” substitute
“racial or religious hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances the performance is
30
likely to be attended by any person in whom the performance
(taken as a whole) is likely to stir up racial or religious
hatred.”
8     (1)
Section 21 (distributing, showing or playing a recording) is amended as
follows.
35
      (2)
In subsections (1)(a) and (3) for “racial hatred” substitute “racial or religious
hatred”.
      (3)
For subsection (1)(b) substitute—
“(b)
having regard to all the circumstances, the recording is likely
to be seen or heard by any person in whom it is likely to stir
40
up racial or religious hatred.”

Serious Organised Crime and Police Bill
Schedule 11 — Parental compensation orders
Part 1 — England and Wales
204

9     (1)
Section 22 (broadcasting or including programme in programme service) is
amended as follows.
      (2)
In subsections (1)(a), (3), (4) (in both places), (5) (in both places) and (6) for
“racial hatred” substitute “racial or religious hatred”.
      (3)
For subsection (1)(b) substitute—
5
“(b)
having regard to all the circumstances, the programme is
likely to be seen or heard by any person in whom it is likely
to stir up racial or religious hatred.”
10
For the cross-heading before section 23 substitute “Inflammatory material”.
11    (1)
Section 23 (possession of racially inflammatory material) is amended as
10
follows.
      (2)
In subsection (1) for the words from “if he intends” onwards substitute “if he
intends racial or religious hatred to be stirred up thereby or subsection (1A)
applies.”
      (3)
After subsection (1) insert—
15
“(1A)
This subsection applies if, having regard to all the circumstances, the
material or recording is likely to be seen or heard by any person in
whom it is likely to stir up racial or religious hatred.”
      (4)
In subsection (3) for “racial hatred” substitute “racial or religious hatred”.
      (5)
In the sidenote, for “racially inflammatory” substitute “inflammatory”.
20
12
In section 29 (interpretation) after the definition of “recording” insert—
““religious hatred” has the meaning given by section 17A;”.
Schedule 11
Section 141

Parental compensation orders
Part 1
25
England and Wales
1
The Crime and Disorder Act 1998 (c. 37) is amended as provided in
paragraphs 2 to 5.
2
After section 13 insert—
“13A
Parental compensation orders
30
(1)
A magistrates’ court may make an order under this section (a
“parental compensation order”) if on the application of a local
authority it is satisfied, on the civil standard of proof—
(a)
that the condition mentioned in subsection (2) below is
fulfilled with respect to a child under the age of 10; and
35
(b)
that it would be desirable to make the order in the interests of
preventing a repetition of the behaviour in question.

Serious Organised Crime and Police Bill
Schedule 11 — Parental compensation orders
Part 1 — England and Wales
205

(2)
The condition is that the child has taken, or caused loss of or damage
to, property in the course of—
(a)
committing an act which, if he had been aged 10 or over,
would have constituted an offence; or
(b)
acting in a manner that caused or was likely to cause
5
harassment, alarm or distress to one or more persons not of
the same household as himself.
(3)
A parental compensation order is an order which requires any
person specified in the order who is a parent or guardian of the child
(other than a local authority) to pay compensation of an amount
10
specified in the order to any person or persons specified in the order
who is, or are, affected by the taking of the property or its loss or
damage.
(4)
The amount of compensation specified may not exceed £5,000 in all.
(5)
The Secretary of State may by order amend subsection (4) above so
15
as to substitute a different amount.
(6)
For the purposes of collection and enforcement, a parental
compensation order is to be treated as if it were a sum adjudged to
be paid on the conviction by the magistrates’ court which made the
order of the person or persons specified in the order as liable to pay
20
the compensation.
(7)
In this section and sections 13B and 13C, “local authority” has the
same meaning as in the 1989 Act.
13B
Parental compensation orders: the compensation
(1)
When specifying the amount of compensation for the purposes of
25
section 13A(3) above, the magistrates’ court shall take into account—
(a)
the value of the property taken or damaged, or whose loss
was caused, by the child;
(b)
any further loss which flowed from the taking of or damage
to the property, or from its loss;
30
(c)
whether the child, or any parent or guardian of his, has
already paid any compensation for the property (and if so,
how much);
(d)
whether the child, or any parent or guardian of his, has
already made any reparation (and if so, what it consisted of);
35
(e)
the means of those to be specified in the order as liable to pay
the compensation, so far as the court can ascertain them;
(f)
whether there was any lack of care on the part of the person
affected by the taking of the property or its loss or damage
which made it easier for the child to take or damage the
40
property or to cause its loss.
(2)
If property taken is recovered before compensation is ordered to be
paid in respect of it—
(a)
the court shall not order any such compensation to be
payable in respect of it if it is not damaged;
45
(b)
if it is damaged, the damage shall be treated for the purposes
of making a parental compensation order as having been