Policing and Crime Bill

House of Lords

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 1 — Police reform
12

(iii)
the requirements of subsection (5), in the case of any
other source;

and that satisfy such other requirements as may be imposed by
order made by the Secretary of State.”
(3)
After subsection (2) insert—
5
“(2A)
For the purposes of subsection (2)—
(a)
a relevant collaborative unit is a unit consisting of two or more
police forces whose chief officers of police have made an
agreement under section 23(1) of the Police Act 1996 which
relates to the discharge by persons holding offices, ranks or
10
positions with any of the forces of functions in connection with
the conduct or use of the source; and
(b)
a relevant Scottish collaborative unit is a unit consisting of two
or more Scottish police forces whose chief constables have made
an agreement under section 12(1) of the Police (Scotland) Act
15
1967 which relates to the discharge by persons holding offices,
ranks or positions with any of the forces of functions in
connection with the conduct or use of the source.”
(4)
After subsection (4) insert—
“(4A)
For the purposes of this Part there are arrangements for the source’s
20
case that satisfy the requirements of this subsection if such
arrangements are in force as are necessary for ensuring—
(a)
that there will at all times be a qualifying person who will have
day-to-day responsibility for dealing with the source, and for
the source’s security and welfare;
25
(b)
that there will at all times be another qualifying person who will
have general oversight of the use made of the source;
(c)
that there will at all times be a qualifying person who will have
responsibility for maintaining a record of the use made of the
source;
30
(d)
that the records relating to the source that are maintained by
virtue of paragraph (c) will always contain particulars of all
such matters (if any) as may be specified for the purposes of this
paragraph in regulations made by the Secretary of State; and
(e)
that records maintained by virtue of paragraph (c) that disclose
35
the identity of the source will not be available to persons except
to the extent that there is a need for access to them to be made
available to those persons.
(4B)
For the purposes of this Part there are arrangements for the source’s
case that satisfy the requirements of this subsection if such
40
arrangements are in force as are necessary for ensuring—
(a)
that there will at all times be a Scottish qualifying person who
will have day-to-day responsibility for dealing with the source,
and for the source’s security and welfare;
(b)
that there will at all times be another Scottish qualifying person
45
who will have general oversight of the use made of the source;
(c)
that there will at all times be a Scottish qualifying person who
will have responsibility for maintaining a record of the use
made of the source;

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(d)
that the records relating to the source that are maintained by
virtue of paragraph (c) will always contain particulars of all
such matters (if any) as may be specified for the purposes of this
paragraph in regulations made by the Secretary of State; and
(e)
that records maintained by virtue of paragraph (c) that disclose
5
the identity of the source will not be available to persons except
to the extent that there is a need for access to them to be made
available to those persons.”
(5)
After subsection (7) insert—
“(7A)
For the purposes of subsection (4A) a person is a qualifying person if—
10
(a)
the person holds an office, rank or position with a police force
whose chief officer of police is a party to the agreement
mentioned in subsection (2A)(a); and
(b)
persons holding offices, ranks or positions with that force are
permitted by the terms of the agreement to have the
15
responsibility mentioned in paragraph (a) or (c) of subsection
(4A) or the general oversight mentioned in paragraph (b) of that
subsection (as the case may require).
(7B)
For the purposes of subsection (4B), a person is a Scottish qualifying
person if—
20
(a)
the person holds an office, rank or position with a Scottish
police force whose chief constable is a party to the agreement
mentioned in subsection (2A)(b); and
(b)
persons holding offices, ranks or positions with that force are
permitted by the terms of the agreement to have the
25
responsibility mentioned in paragraph (a) or (c) of subsection
(4B) or the general oversight mentioned in paragraph (b) of that
subsection (as the case may require).”
(6)
After subsection (9) insert—
“(10)
For the purposes of this section—
30
(a)
references to a police force are to the following—
(i)
any police force maintained under section 2 of the Police
Act 1996 (police forces in England and Wales outside
London);
(ii)
the metropolitan police force; and
35
(iii)
the City of London police force; and
(b)
references to a Scottish police force are to a police force
maintained under or by virtue of section 1 of the Police
(Scotland) Act 1967.”
9
Authorisations for surveillance etc
40
(1)
Section 33 of the Regulation of Investigatory Powers Act 2000 (c. 23) (rules for
grant of authorisations) is amended as follows.
(2)
In subsection (1), at the end insert “(subject to subsections (1ZB) and (1ZE))”.
(3)
After subsection (1), insert—
“(1ZA)
Subsection (1ZB) applies if the chief officer of police of a police force
45
(“the authorising force”) has made an agreement under section 23(1) of

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Part 1 — Police reform
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the Police Act 1996 with the chief office of police of one or more other
police forces.
(1ZB)
A person who is a designated person for the purposes of section 28 or
29 by reference to an office, rank or position with the authorising force
may grant an authorisation under that section on an application made
5
by a member of a collaborative force.
(1ZC)
For the purposes of subsection (1ZB) a police force is a collaborative
force if—
(a)
its chief officer of police is a party to the agreement mentioned
in subsection (1ZA); and
10
(b)
its members are permitted by the terms of the agreement to
make applications for authorisations under section 28 or 29 to a
person who is a designated person for the purposes of that
section by reference to an office, rank or position with the
authorising force.
15
(1ZD)
Subsection (1ZE) applies if the chief constable of a Scottish police force
(“the Scottish authorising force”) has made an agreement under section
12(1) of the Police (Scotland) Act 1967 with the chief constable of one or
more other Scottish police forces.
(1ZE)
A person who is a designated person for the purposes of section 28 or
20
29 by reference to an office, rank or position with the Scottish
authorising force may grant an authorisation under that section on an
application made by a member of a collaborative force.
(1ZF)
For the purposes of subsection (1ZE) a Scottish police force is a
collaborative force if—
25
(a)
its chief constable is a party to the agreement mentioned in
subsection (1ZD); and
(b)
its members are permitted by the terms of the agreement to
make applications for authorisations under section 28 or 29 to a
person who is a designated person for the purposes of that
30
section by reference to an office, rank or position with the
Scottish authorising force.”
(4)
In subsection (3), at the beginning insert “Subject to subsections (3ZB) and
(3ZE),”.
(5)
After subsection (3) insert—
35
“(3ZA)
Subsection (3ZB) applies if—
(a)
the chief officer of police of a police force (“the surveillance
authorising force”) has made an agreement under section 23(1)
of the Police Act 1996 with the chief office of police of one or
more other police forces; and
40
(b)
an application for an authorisation for the carrying out of
intrusive surveillance is made by a member of a collaborative
force.
(3ZB)
A person who is a senior authorising officer by reference to the
surveillance authorising force may—
45
(a)
grant the authorisation;
(b)
in a case where the authorisation is for the carrying out of
intrusive surveillance in relation to any residential premises,

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Part 1 — Police reform
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grant the authorisation only in relation to premises in the area
which is—
(i)
the area of operation of a collaborative force; and
(ii)
specified in relation to members of that force in the
agreement mentioned in subsection (3ZA).
5
(3ZC)
For the purposes of subsections (3ZA) and (3ZB) a police force is a
collaborative force if—
(a)
its chief officer of police is a party to the agreement mentioned
in subsection (3ZA); and
(b)
its members are permitted by the terms of the agreement to
10
make applications for authorisations for the carrying out of
intrusive surveillance to a person who is a senior authorising
officer by reference to the surveillance authorising force.
(3ZD)
Subsection (3ZE) applies if—
(a)
the chief constable of a Scottish police force (“the Scottish
15
surveillance authorising force”) has made an agreement under
section 12(1) of the Police (Scotland) Act 1967 with the chief
constable of one or more other Scottish police forces; and
(b)
an application for an authorisation for the carrying out of
intrusive surveillance is made by a member of a collaborative
20
force.
(3ZE)
A person who is a senior authorising officer by reference to the Scottish
surveillance authorising force may—
(a)
grant the authorisation;
(b)
in a case where the authorisation is for the carrying out of
25
intrusive surveillance in relation to any residential premises,
grant the authorisation only in relation to premises in the area
which is—
(i)
the area of operation of a collaborative force; and
(ii)
specified in relation to members of that force in the
30
agreement mentioned in subsection (3ZD).
(3ZF)
For the purposes of subsections (3ZD) and (3ZE) a Scottish police force
is a collaborative force if—
(a)
its chief constable is a party to the agreement mentioned in
subsection (3ZD); and
35
(b)
its members are permitted by the terms of the agreement to
make applications for authorisations for the carrying out of
intrusive surveillance to a person who is a senior authorising
officer by reference to the Scottish surveillance authorising
force.”
40
(6)
After subsection (5) insert—
“(5A)
In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police
force is to the following—
(a)
any police force maintained under section 2 of the Police Act
1996 (police forces in England and Wales outside London);
45
(b)
the metropolitan police force; and
(c)
the City of London police force.

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(5B)
In subsections (1ZD) to (1ZF) and (3ZD) to (3ZF) a reference to a
Scottish police force is to a police force maintained under or by virtue
of section 1 of the Police (Scotland) Act 1967.”
10
Police officers engaged on service outside their force etc
(1)
After section 97 of the Police Act 1996 (c. 16) insert—
5
“97A
Power to amend section 97
(1)
The Secretary of State may by order amend the definition of “relevant
service” in section 97(1).
(2)
An order under this section may make transitional, consequential,
incidental and supplemental provision or savings.
10
(3)
The provision that may be made under subsection (2) includes
provision amending any enactment.
(4)
A statutory instrument containing an order under this section shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.”
15
(2)
After section 11 of the Police Pensions Act 1976 (c. 35) insert—
“11A
Power to amend
(1)
The Secretary of State may by order amend section 11 for the purpose
of altering the descriptions of service to which subsection (1) applies.
(2)
An order under this section may make transitional, consequential,
20
incidental and supplemental provision or savings.
(3)
The provision that may be made under subsection (2) includes
provision amending any enactment.
(4)
An order under this section shall be made by statutory instrument.
(5)
A statutory instrument containing an order under this section shall be
25
subject to annulment in pursuance of a resolution of either House of
Parliament.”
(3)
In section 63(3) of the Police Act 1996 (consultation of Police Advisory Board
for England and Wales)—
(a)
after paragraph (c) insert “or
30
(d)
an order under section 97A, or
(e)
an order under section 11A of the Police Pensions Act
1976 (power to amend kinds of service),”, and
(b)
for “draft of the regulations or rules” substitute “draft of the
regulations, rules or order”.
35
11
Police equipment
(1)
Section 53 of the Police Act 1996 (regulations as to standard of equipment) is
amended as follows.
(2)
In subsection (1A)—
(a)
in paragraphs (a), (b), (c) and (e) for “all police forces in England and
40
Wales” substitute “one or more police forces”, and

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments
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(b)
in paragraph (d) for “police forces in England and Wales” substitute
“one or more police forces”.
(3)
In subsection (1B) for “generally of the police forces maintained for police areas
in England and Wales” substitute “of one or more police forces”.
(4)
In subsection (2C) before paragraph (a) insert—
5
“(za)
software;”.
12
Police procedures and practices
(1)
Section 53A of the Police Act 1996 (c. 16) (regulation of procedures and
practices) is amended as follows.
(2)
In subsection (1) for “all police forces in England and Wales” substitute “one or
10
more police forces”.
(3)
In subsection (7)(a) after “in order to” insert “—
(i)
promote the efficiency and effectiveness of a police
force, or
(ii)
”.
15
13
Police facilities and services
In section 57(3) of the Police Act 1996 (regulations requiring police forces to use
specified facilities or services) for “all police forces in England and Wales”
substitute “one or more police forces”.
Part 2
20
Sexual offences and sex establishments
Prostitution
14
Paying for sexual services of a prostitute subjected to force etc: England and
Wales
After section 53 of the Sexual Offences Act 2003 (c. 42) insert—
25
“53A
Paying for sexual services of a prostitute subjected to force etc.
(1)
A person (A) commits an offence if—
(a)
A makes or promises payment for the sexual services of a
prostitute (B),
(b)
a third person (C) has engaged in exploitative conduct of a kind
30
likely to induce or encourage B to provide the sexual services
for which A has made or promised payment, and
(c)
C engaged in that conduct for or in the expectation of gain for C
or another person (apart from A or B).
(2)
The following are irrelevant—
35
(a)
where in the world the sexual services are to be provided and
whether those services are provided,
(b)
whether A is, or ought to be, aware that C has engaged in
exploitative conduct.

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(3)
C engages in exploitative conduct if—
(a)
C uses force, threats (whether or not relating to violence) or any
other form of coercion, or
(b)
C practises any form of deception.
(4)
A person guilty of an offence under this section is liable on summary
5
conviction to a fine not exceeding level 3 on the standard scale.”
15
Paying for sexual services of a prostitute subjected to force etc: Northern
Ireland
After Article 64 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769
(N.I. 12)) insert—
10
“64A
Paying for sexual services of a prostitute subjected to force etc.
(1)
A person (A) commits an offence if—
(a)
A makes or promises payment for the sexual services of a
prostitute (B),
(b)
a third person (C) has engaged in exploitative conduct of a kind
15
likely to induce or encourage B to provide the sexual services
for which A has made or promised payment, and
(c)
C engaged in that conduct for or in the expectation of gain for C
or another person (apart from A or B).
(2)
The following are irrelevant—
20
(a)
where in the world the sexual services are to be provided and
whether those services are provided,
(b)
whether A is, or ought to be, aware that C has engaged in
exploitative conduct.
(3)
C engages in exploitative conduct if—
25
(a)
C uses force, threats (whether or not relating to violence) or any
other form of coercion, or
(b)
C practises any form of deception.
(4)
A person guilty of an offence under this Article shall be liable on
summary conviction to a fine not exceeding level 3 on the standard
30
scale.”
16
Amendment to offence of loitering etc for purposes of prostitution
(1)
The Street Offences Act 1959 (c. 57) is amended as follows.
(2)
In subsection (1) of section 1 (loitering or soliciting for purposes of
prostitution)—
35
(a)
for “common prostitute” substitute “person”, and
(b)
after “female)” insert “persistently”.
(3)
In subsection (4) of that section after “section” insert “—
(a)
conduct is persistent if it takes place on two or more occasions
in any period of three months;
40
(b)
any reference to a person loitering or soliciting for the purposes
of prostitution is a reference to a person loitering or soliciting
for the purposes of offering services as a prostitute;