|
| |
|
114 | Supply of information by Secretary of State etc. |
| |
(1) | A report compiled under section 113 may be supplied to a chief officer of police |
| |
| |
(a) | the Secretary of State, or |
| |
(b) | a person within section 113(2)(b). |
| 5 |
(2) | Such a report may contain any information held— |
| |
(a) | by the Secretary of State in connection with the exercise of a relevant |
| |
| |
(b) | by a person within section 113(2)(b) in connection with the provision of |
| |
services as mentioned there. |
| 10 |
(3) | Where such a report contains information within subsection (2), the chief |
| |
officer to whom it is supplied— |
| |
(a) | may retain the information, whether or not used for the purposes of the |
| |
prevention, detection, investigation or prosecution of an offence under |
| |
| 15 |
(b) | may use the information for any purpose related to the prevention, |
| |
detection, investigation or prosecution of offences (whether or not |
| |
under this Part), but for no other purpose. |
| |
(4) | Subsections (4) to (7) of section 113 apply in relation to this section as they |
| |
apply in relation to section 113. |
| 20 |
115 | Information about release or transfer |
| |
(1) | This section applies to an offender subject to notification requirements who |
| |
| |
(a) | serving a sentence of imprisonment or a term of service detention, or |
| |
(b) | detained in a hospital. |
| 25 |
(2) | The Secretary of State may by regulations make provision requiring the person |
| |
who is responsible for such an offender to give notice to specified persons— |
| |
(a) | of the fact that that person has become responsible for the offender; and |
| |
(b) | of any occasion when— |
| |
(i) | the offender is released, or |
| 30 |
(ii) | a different person is to become responsible for the offender. |
| |
(3) | In subsection (2) “specified persons” means persons specified, or of a |
| |
description specified, in the regulations. |
| |
(4) | The regulations may make provision for determining who is to be taken for the |
| |
purposes of this section as being responsible for an offender. |
| 35 |
116 | Interpretation of Part 7 |
| |
| |
“the appropriate date” has the meaning given by section 98(6); |
| |
“country” includes territory; |
| |
“custodial sentence” has the meaning given by section 76 of the Powers of |
| 40 |
Criminal Courts (Sentencing) Act 2000 (c. 6); |
| |
“home address” has the meaning given by section 105(5); |
| |
|
| |
|
| |
|
“hospital order” has the meaning given in section 37 of the Mental Health |
| |
| |
“interim violent offender order” means an order made under section 101; |
| |
“the offender”, in relation to a violent offender order or an interim violent |
| |
offender order, means the person in respect of whom the order is made; |
| 5 |
“qualifying offender” has the meaning given by section 97(1); |
| |
“restriction order” has the meaning given in section 41 of the Mental |
| |
| |
“specified offence” has the meaning given by section 96(3); |
| |
“supervision order” has the meaning given by Schedule 1A to the |
| 10 |
Criminal Procedure (Insanity) Act 1964 (c. 84); |
| |
“violent offender order” has the meaning given by section 96(1). |
| |
(2) | References in this Part to protecting the public from the risk of serious violent |
| |
harm caused by a person are to be read in accordance with section 96(2). |
| |
(3) | References in this Part to an offender subject to notification requirements are to |
| 15 |
be read in accordance with section 104. |
| |
(4) | The following expressions have the same meanings as in Part 2 of the Sexual |
| |
Offences Act 2003 (c. 42) (notifications and orders)— |
| |
“detained in a hospital” (see sections 133 and 135 of that Act); |
| |
“parental responsibility” (see section 133 of that Act); |
| 20 |
“sentence of imprisonment” (see section 131 of that Act); |
| |
“term of service detention” (see section 133(1) of that Act); |
| |
and references to a person having been found to be under a disability and to |
| |
have done the act charged are to be read in accordance with section 135 of that |
| |
| 25 |
| |
| |
| |
117 | Closure orders: premises associated with persistent disorder or nuisance |
| |
Schedule 20 inserts a new Part 1A into the Anti-social Behaviour Act 2003 |
| 30 |
(c. 38) which makes provision about the issue of closure notices and the |
| |
making of closure orders in respect of premises associated with persistent |
| |
| |
Nuisance or disturbance on hospital premises |
| |
118 | Offence of causing nuisance or disturbance on NHS premises |
| 35 |
(1) | A person commits an offence if— |
| |
(a) | the person causes, without reasonable excuse and while on NHS |
| |
premises, a nuisance or disturbance to an NHS staff member who is |
| |
working there or is otherwise there in connection with work, |
| |
|
| |
|
| |
|
(b) | the person refuses, without reasonable excuse, to leave the NHS |
| |
premises when asked to do so by a constable or an NHS staff member, |
| |
| |
(c) | the person is not on the NHS premises for the purpose of obtaining |
| |
medical advice, treatment or care for himself or herself. |
| 5 |
(2) | A person who commits an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale. |
| |
(3) | For the purposes of this section— |
| |
(a) | a person ceases to be on NHS premises for the purpose of obtaining |
| |
medical advice, treatment or care for himself or herself once the person |
| 10 |
has received the advice, treatment or care, and |
| |
(b) | a person is not on NHS premises for the purpose of obtaining medical |
| |
advice, treatment or care for himself or herself if the person has been |
| |
refused the advice, treatment or care during the last 8 hours. |
| |
| 15 |
“hospital grounds” means land in the vicinity of a hospital and associated |
| |
| |
| |
(a) | any hospital vested in, or managed by, a relevant English NHS |
| |
| 20 |
(b) | any building or other structure, or vehicle, associated with the |
| |
hospital and situated on hospital grounds (whether or not |
| |
vested in, or managed by, a relevant English NHS body), and |
| |
(c) | the hospital grounds, |
| |
“NHS staff member” means a person employed by a relevant English |
| 25 |
NHS body or otherwise working for it (whether as or on behalf of a |
| |
contractor, as a volunteer or otherwise), |
| |
“relevant English NHS body” means— |
| |
(a) | a National Health Service trust (see section 25 of the National |
| |
Health Service Act 2006 (c. 41)), all or most of whose hospitals, |
| 30 |
establishments and facilities are situated in England, |
| |
(b) | a Primary Care Trust (see section 18 of that Act), or |
| |
(c) | an NHS foundation trust (see section 30 of that Act), and |
| |
“vehicle” includes an air ambulance. |
| |
119 | Power to remove person causing nuisance or disturbance |
| 35 |
(1) | If a constable reasonably suspects that a person is committing or has |
| |
committed an offence under section 118, the constable may remove the person |
| |
from the NHS premises concerned. |
| |
(2) | If an authorised officer reasonably suspects that a person is committing or has |
| |
committed an offence under section 118, the authorised officer may— |
| 40 |
(a) | remove the person from the NHS premises concerned, or |
| |
(b) | authorise an NHS staff member to do so. |
| |
(3) | Any person removing another person from NHS premises under this section |
| |
may use reasonable force (if necessary). |
| |
(4) | An authorised officer cannot remove a person under this section or authorise |
| 45 |
another person to do so if the authorised officer has reason to believe that— |
| |
|
| |
|
| |
|
(a) | the person to be removed requires medical advice, treatment or care for |
| |
| |
(b) | the removal of the person would endanger the person’s physical or |
| |
| |
| 5 |
“authorised officer” means any NHS staff member authorised by a |
| |
relevant English NHS body to exercise the powers conferred on an |
| |
authorised officer by this section, and |
| |
“NHS premises”, “NHS staff member” and “relevant English NHS body” |
| |
have the same meaning as in section 118. |
| 10 |
120 | Guidance about the power to remove etc. |
| |
(1) | The Secretary of State may from time to time prepare and publish guidance to |
| |
relevant English NHS bodies and authorised officers about the powers in |
| |
| |
(2) | Such guidance may, in particular, relate to— |
| 15 |
(a) | the authorisation by relevant English NHS bodies of authorised |
| |
| |
(b) | the authorisation by authorised officers of NHS staff members to |
| |
remove persons under section 119, |
| |
(c) | training requirements for authorised officers and NHS staff members |
| 20 |
authorised by them to remove persons under section 119, |
| |
(d) | matters that may be relevant to a consideration by authorised officers |
| |
for the purposes of section 119 of whether offences are being, or have |
| |
been, committed under section 118, |
| |
(e) | matters to be taken into account by authorised officers in deciding |
| 25 |
whether there is reason to believe that a person requires medical |
| |
advice, treatment or care for himself or herself or that the removal of a |
| |
person would endanger the person’s physical or mental health, |
| |
(f) | the procedure to be followed by authorised officers or persons |
| |
authorised by them before using the power of removal in section 119, |
| 30 |
(g) | the degree of force that it may be appropriate for authorised officers or |
| |
persons authorised by them to use in particular circumstances, |
| |
(h) | arrangements for ensuring that persons on NHS premises are aware of |
| |
the offence in section 118 and the powers of removal in section 119, or |
| |
(i) | the keeping of records. |
| 35 |
(3) | Before publishing guidance under this section, the Secretary of State must |
| |
consult such persons as the Secretary of State considers appropriate. |
| |
(4) | A relevant English NHS body and an authorised officer must have regard to |
| |
any guidance published under this section when exercising functions under, or |
| |
in connection with, section 119. |
| 40 |
| |
“authorised officer” has the same meaning as in section 119, and |
| |
“NHS premises”, “NHS staff member” and “relevant English NHS body” |
| |
have the same meaning as in section 118. |
| |
|
| |
|