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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;

 
 

Policing and Crime Bill
Part 1 — Police reform

13

 

(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

 
 

Policing and Crime Bill
Part 1 — Police reform

14

 

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,

 
 

Policing and Crime Bill
Part 1 — Police reform

15

 

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.

 
 

Policing and Crime Bill
Part 1 — Police reform

16

 

(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

17

 

(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.

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

18

 

(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;

 
 

 
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