|
| |
|
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 |
| |
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 |
| |
| |
| |
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 |
| |
| |
(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)— |
| |
|
| |
|
| |
|
(a) | in sub-paragraph (2)(b), after “relevant offences” insert “or relevant |
| |
| |
(b) | in sub-paragraph (3), after “making off” insert “and to keep him |
| |
| |
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 |
| |
(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) |
| |
| 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 |
| |
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 |
| |
| 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 |
| |
7 | After paragraph 33A (inserted by paragraph 13 of Schedule 8 to this Act) |
| |
| |
“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— |
| |
|
| |
|
| |
|
(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; |
| |
| 5 |
(c) | to prevent the escape of any such person as is mentioned |
| |
| |
| 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 |
| |
| |
| |
8 (1) | Paragraph 34 (power to take an arrested person to a police station) is |
| |
| 20 |
(2) | In sub-paragraph (1)(c)— |
| |
(a) | in paragraph (ii), after “duty” insert “to keep the person under |
| |
| |
(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 |
| |
| |
(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 |
| |
| 40 |
(iv) | shall be entitled to use reasonable force for the |
| |
purpose of complying with his duty under sub- |
| |
| |
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 |
| |
| |
|
| |
|
| |
|
(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- |
| |
| 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 |
| |
| |
(b) | until he has so transferred control of the other person, shall |
| 10 |
be treated for all purposes as having that person in his |
| |
| |
(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).” |
| |
| 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; |
| |
| 30 |
(c) | to prevent the escape of any such person as is mentioned |
| |
| |
| and for those purposes shall be entitled to use reasonable force.” |
| |
| |
| |
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”. |
| |
|
| |
|
| |
|
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 |
| |
4 | In the cross-heading before section 18 for “racial hatred” substitute “racial or |
| |
| |
5 (1) | Section 18 (use of words or behaviour or display of written material) is |
| |
| 10 |
(2) | In subsections (1)(a) and (5) for “racial hatred” substitute “racial or religious |
| |
| |
(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 |
| |
| |
6 (1) | Section 19 (publishing or distributing written material) is amended as |
| |
| |
(2) | In subsections (1)(a) and (2) for “racial hatred” substitute “racial or religious |
| 20 |
| |
(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 |
| |
| 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 |
| |
| |
8 (1) | Section 21 (distributing, showing or playing a recording) is amended as |
| |
| 35 |
(2) | In subsections (1)(a) and (3) for “racial hatred” substitute “racial or religious |
| |
| |
(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.” |
| |
|
| |
|
| |
|
9 (1) | Section 22 (broadcasting or including programme in programme service) is |
| |
| |
(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 |
| |
(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) |
| |
| |
(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;”. |
| |
| |
| |
Parental compensation orders |
| |
| 25 |
| |
1 | The Crime and Disorder Act 1998 (c. 37) is amended as provided in |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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, |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|