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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 8 — Anti-social behaviour

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121     

Nuisance or disturbance on HSS premises

Schedule 21 makes provision for Northern Ireland corresponding to the

provision made for England by sections 118 to 120.

Anti-social behaviour orders etc. in respect of children and young persons

122     

Review of anti-social behaviour orders etc.

5

(1)   

In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and

disorder) after section 1I insert—

“1J     

Review of orders under sections 1, 1B and 1C

(1)   

This section applies where—

(a)   

an anti-social behaviour order,

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(b)   

an order under section 1B, or

(c)   

an order under section 1C,

   

has been made in respect of a person under the age of 17.

(2)   

If—

(a)   

the person subject to the order will be under the age of 18 at the

15

end of a period specified in subsection (3) (a “review period”),

and

(b)   

the term of the order runs until the end of that period or beyond,

   

then before the end of that period a review of the operation of the order

shall be carried out.

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(3)   

The review periods are—

(a)   

the period of 12 months beginning with—

(i)   

the day on which the order was made, or

(ii)   

if during that period there is a supplemental order (or

more than one), the date of the supplemental order (or

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the last of them);

(b)   

a period of 12 months beginning with—

(i)   

the day after the end of the previous review period, or

(ii)   

if during that period there is a supplemental order (or

more than one), the date of the supplemental order (or

30

the last of them).

(4)   

In subsection (3) “supplemental order” means—

(a)   

a further order varying the order in question;

(b)   

an individual support order made in relation to the order in

question on an application under section 1AA(1A).

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(5)   

Subsection (2) does not apply in relation to any review period if the

order is discharged before the end of that period.

(6)   

A review under this section shall include consideration of—

(a)   

the extent to which the person subject to the order has complied

with it;

40

(b)   

the adequacy of any support available to the person to help him

comply with it;

 
 

Criminal Justice and Immigration Bill
Part 8 — Anti-social behaviour

90

 

(c)   

any matters relevant to the question whether an application

should be made for the order to be varied or discharged.

(7)   

Those carrying out or participating in a review under this section shall

have regard to any guidance issued by the Secretary of State when

considering—

5

(a)   

how the review should be carried out;

(b)   

what particular matters should be dealt with by the review;

(c)   

what action (if any) it would be appropriate to take in

consequence of the findings of the review.

1K      

Responsibility for, and participation in, reviews under section 1J

10

(1)   

A review under section 1J of an anti-social behaviour order or an order

under section 1B shall be carried out by the relevant authority that

applied for the order.

(2)   

A review under section 1J of an order under section 1C shall be carried

out—

15

(a)   

(except where paragraph (b) applies) by the appropriate chief

officer of police;

(b)   

where a relevant authority is specified under section 1C(9ZA),

by that authority.

(3)   

A local authority, in carrying out a review under section 1J, shall act in

20

co-operation with the appropriate chief officer of police; and it shall be

the duty of that chief officer to co-operate in the carrying out of the

review.

(4)   

The chief officer of police of a police force, in carrying out a review

under section 1J, shall act in co-operation with the appropriate local

25

authority; and it shall be the duty of that local authority to co-operate

in the carrying out of the review.

(5)   

A relevant authority other than a local authority or chief officer of

police, in carrying out a review under section 1J, shall act in co-

operation with—

30

(a)   

the appropriate local authority, and

(b)   

the appropriate chief officer of police;

   

and it shall be the duty of that local authority and that chief officer to

co-operate in the carrying out of the review.

(6)   

A chief officer of police or other relevant authority carrying out a

35

review under section 1J may invite the participation in the review of a

person or body not required by subsection (3), (4) or (5) to co-operate in

the carrying out of the review.

(7)   

In this section—

“the appropriate chief officer of police” means the chief officer of

40

police of the police force maintained for the police area in which

the person subject to the order resides or appears to reside;

“the appropriate local authority” means the council for the local

government area (within the meaning given in section 1(12)) in

which the person subject to the order resides or appears to

45

reside.”

 
 

Criminal Justice and Immigration Bill
Part 8 — Anti-social behaviour

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(2)   

In section 1(1A) of that Act (meaning of “relevant authority”) for “1CA, 1E and

1F” substitute “1C, 1CA, 1E, IF and 1K”.

(3)   

In section 1C of that Act (orders on conviction in criminal proceedings) after

section (9) insert—

“(9ZA)   

An order under this section made in respect of a person under the age

5

of 17, or an order varying such an order, may specify a relevant

authority (other than the chief officer of police mentioned in section

1K(2)(a)) as being responsible for carrying out a review under section

1J of the operation of the order.”

123     

Individual support orders

10

(1)   

In section 1AA of the Crime and Disorder Act 1998 (c. 37) (individual support

orders) for subsection (1) and the words in subsection (2) before paragraph (a)

substitute—

“(1)   

This section applies where a court makes an anti-social behaviour order

in respect of a defendant who is a child or young person when that

15

order is made.

(1A)   

This section also applies where—

(a)   

an anti-social behaviour order has previously been made in

respect of such a defendant;

(b)   

an application is made by complaint to the court which made

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that order, by the relevant authority which applied for it, for an

order under this section; and

(c)   

at the time of the hearing of the application—

(i)   

the defendant is still a child or young person, and

(ii)   

the anti-social behaviour order is still in force.

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(1B)   

The court must consider whether the individual support conditions are

fulfilled and, if satisfied that they are, must make an individual support

order.

(2)   

An individual support order is an order which—”.

(2)   

In subsection (3)(a) of that section, for the words after “the kind of behaviour

30

which led to” substitute “the making of—

(i)   

the anti-social behaviour order, or

(ii)   

an order varying that order (in a case where the

variation is made as a result of further anti-social

behaviour by the defendant);”.

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(3)   

In subsection (5) of that section, for “which led to the making of the anti-social

behaviour order” substitute “mentioned in subsection (3)(a) above”.

(4)   

In section 1(1A) of that Act (meaning of “relevant authority”) after “and

sections” insert “1AA,”.

(5)   

In section 1AB of that Act (which makes further provision about individual

40

support orders) after subsection (5) insert—

“(5A)   

The period specified as the term of an individual support order made

on an application under section 1AA(1A) above must not be longer

 
 

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Part 8 — Anti-social behaviour

92

 

than the remaining part of the term of the anti-social behaviour order

as a result of which it is made.”

(6)   

In section 1B of that Act (orders in county court proceedings) after subsection

(7) insert—

“(8)   

Sections 1AA and 1AB apply in relation to orders under this section,

5

with any necessary modifications, as they apply in relation to anti-

social behaviour orders.

(9)   

In their application by virtue of subsection (8), sections 1AA(1A)(b) and

1AB(6) have effect as if the words “by complaint” were omitted.”

(7)   

In section 1C of that Act (orders on conviction in criminal proceedings) after

10

subsection (9A) insert—

“(9AA)   

Sections 1AA and 1AB apply in relation to orders under this section,

with any necessary modifications, as they apply in relation to anti-

social behaviour orders.

(9AB)   

In their application by virtue of subsection (9AA), sections 1AA(1A)(b)

15

and 1AB(6) have effect as if the words “by complaint” were omitted.

(9AC)   

In its application by virtue of subsection (9AA), section 1AA(1A)(b) has

effect as if the reference to the relevant authority which applied for the

anti-social behaviour order were a reference to the chief officer of

police, or other relevant authority, responsible under section 1K(2)(a)

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or (b) for carrying out a review of the order under this section.”

Parenting contracts and parenting orders

124     

Parenting contracts and parenting orders: local authorities

(1)   

Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is

amended as follows.

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(2)   

In section 29(1) (interpretation) in the definition of “local authority” for

paragraphs (b) and (c) substitute—

“(aa)   

a district council in England;”.

(3)   

In section 26B (parenting orders: registered social landlords)—

(a)   

in subsection (8), after “the local authority” insert “(or, if subsection

30

(8A) applies, each local authority)”;

(b)   

after that subsection insert—

“(8A)   

This subsection applies if the place where the child or young

person resides or appears to reside is within the area of a county

council and within the area of a district council.”;

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(c)   

in subsection (10)(a), after “the local authority” insert “(or authorities)”.

(4)   

In section 27 (parenting orders: supplemental) for subsection (3A) substitute—

“(3A)   

Proceedings for an offence under section 9(7) of the 1998 Act (parenting

orders: breach of requirement etc.) as applied by subsection (3)(b)

above may be brought by any of the following local authorities—

40

(a)   

the local authority that applied for the order, if the child or

young person, or the person alleged to be in breach, resides or

appears to reside in that authority’s area;

 
 

Criminal Justice and Immigration Bill
Part 9 — Policing

93

 

(b)   

the local authority of the child or young person, if that child or

young person does not reside or appear to reside in the area of

the local authority that applied for the order;

(c)   

the local authority of the person alleged to be in breach, if that

person does not reside or appear to reside in the area of the local

5

authority that applied for the order.

(3B)   

For the purposes of subsection (3A)(b) and (c)—

(a)   

an individual’s local authority is the local authority in whose

area the individual resides or appears to reside; but

(b)   

if the place where an individual resides or appears to reside is

10

within the area of a county council and within the area of a

district council, a reference to that individual’s local authority is

to be read as a reference to either of those authorities.”

Part 9

Policing

15

Misconduct procedures etc.

125     

Police misconduct and performance procedures

(1)   

Part 1 of Schedule 22

(a)   

amends the Police Act 1996 (c. 16) to make provision for or in

connection with disciplinary and other proceedings in respect of the

20

conduct and performance of members of police forces and special

constables, and

(b)   

makes other minor amendments to that Act.

(2)   

Part 2 of that Schedule makes equivalent amendments to the Ministry of

Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence

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Police.

(3)   

Part 3 of that Schedule makes equivalent amendments to the Railways and

Transport Safety Act 2003 (c. 20) for the purposes of the British Transport

Police.

126     

Investigation of complaints of police misconduct etc.

30

Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further

provision about the investigation of complaints of police misconduct and other

matters.

Financial assistance

127     

Financial assistance under section 57 of the Police Act 1996

35

(1)   

After section 57(1) of the Police Act 1996 (common services: power for

Secretary of State to provide and maintain etc. organisations, facilities and

services which promote the efficiency or effectiveness of police) insert—

“(1A)   

The power conferred by subsection (1) includes power to give financial

assistance to any person in connection with the provision or

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Criminal Justice and Immigration Bill
Part 10 — Special immigration status

94

 

maintenance of such organisations, facilities and services as are

mentioned in that subsection.

(1B)   

Financial assistance under subsection (1)—

(a)   

may, in particular, be given in the form of a grant, loan or

guarantee or investment in a body corporate; and

5

(b)   

may be given subject to terms and conditions determined by the

Secretary of State;

   

but any financial assistance under that subsection other than a grant

requires the consent of the Treasury.

(1C)   

Terms and conditions imposed under subsection (1B)(b) may include

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terms and conditions as to repayment with or without interest.

(1D)   

Any sums received by the Secretary of State by virtue of terms and

conditions imposed under that subsection are to be paid into the

Consolidated Fund.”

(2)   

Any loan made by the Secretary of State by virtue of section 57 of the Police Act

15

1996 (c. 16) and outstanding on the day on which this Act is passed is to be

treated as if it were a loan made in accordance with that section as amended by

subsection (1) above.

Inspection

128     

Inspection of police authorities

20

In section 54 of the Police Act 1996 (appointment and functions of inspectors of

constabulary) for subsection (2A) substitute—

“(2A)   

The inspectors of constabulary may carry out an inspection of, and

report to the Secretary of State on, a police authority’s performance of

its functions or of any particular function or functions (including in

25

particular its compliance with the requirements of Part 1 of the Local

Government Act 1999 (best value)).”

Part 10

Special immigration status

129     

Designation

30

(1)   

The Secretary of State may designate a person who satisfies Condition 1 or 2

(subject to subsections (4) and (5)).

(2)   

Condition 1 is that the person—

(a)   

is a foreign criminal within the meaning of section 130, and

(b)   

is liable to deportation, but cannot be removed from the United

35

Kingdom because of section 6 of the Human Rights Act 1998 (c. 42)

(public authority not to act contrary to Convention).

(3)   

Condition 2 is that the person is a member of the family of a person who

satisfies Condition 1.

(4)   

A person who has the right of abode in the United Kingdom may not be

40

designated.

 
 

Criminal Justice and Immigration Bill
Part 10 — Special immigration status

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(5)   

The Secretary of State may not designate a person if the Secretary of State

thinks that an effect of designation would breach—

(a)   

the United Kingdom’s obligations under the Refugee Convention, or

(b)   

the person’s rights under the Community treaties.

130     

“Foreign criminal”

5

(1)   

For the purposes of section 129 “foreign criminal” means a person who—

(a)   

is not a British citizen, and

(b)   

satisfies any of the following Conditions.

(2)   

Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality,

Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of

10

the Refugee Convention: imprisonment for at least two years).

(3)   

Condition 2 is that—

(a)   

section 72(4)(a) or (b) of that Act applies to the person (person convicted

of specified offence), and

(b)   

the person has been sentenced to a period of imprisonment.

15

(4)   

Condition 3 is that Article 1F of the Refugee Convention applies to the person

(exclusions for criminals etc.).

(5)   

Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has

no effect in relation to Condition 1 or 2.

(6)   

Section 72(7) of that Act (non-application pending appeal) has no effect in

20

relation to Condition 1 or 2.

131     

Effect of designation

(1)   

A designated person does not have leave to enter or remain in the United

Kingdom.

(2)   

For the purposes of a provision of the Immigration Acts and any other

25

enactment which concerns or refers to immigration or nationality (including

any provision which applies or refers to a provision of the Immigration Acts or

any other enactment about immigration or nationality) a designated person—

(a)   

is a person subject to immigration control,

(b)   

is not to be treated as an asylum-seeker or a former asylum-seeker, and

30

(c)   

is not in the United Kingdom in breach of the immigration laws.

(3)   

Despite subsection (2)(c), time spent in the United Kingdom as a designated

person may not be relied on by a person for the purpose of an enactment about

nationality.

(4)   

A designated person—

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(a)   

shall not be deemed to have been given leave in accordance with

paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of

leave or refusal), and

(b)   

may not be granted temporary admission to the United Kingdom

under paragraph 21 of that Schedule.

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(5)   

Sections 133 and 134 make provision about support for designated persons and

their dependants.

 
 

 
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