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Crime and Security Bill


Crime and Security Bill

72

 

(2)   

The National DNA Database Strategy Board must issue guidance about the

immediate destruction of DNA samples and DNA profiles which are, or may

be, retained under—

(a)   

the Police and Criminal Evidence Act 1984, or

(b)   

the Police and Criminal Evidence (Northern Ireland) Order 1989.

5

(3)   

The following must act in accordance with any guidance issued under this

section—

(a)   

any chief officer of a police force in England and Wales;

(b)   

the Chief Constable of the Police Service of Northern Ireland.

(4)   

The Secretary of State must publish the governance rules of the National DNA

10

Database Strategy Board and lay a copy of the rules before Parliament.

(5)   

The National DNA Database Strategy Board must make an annual report to the

Secretary of State about the exercise of its functions.

(6)   

The Secretary of State must publish the report and must lay a copy of the

published report before Parliament.

15

(7)   

The Secretary of State may exclude from publication any part of the report if in

the opinion of the Secretary of State the publication of that part would be

against the interests of national security.

Domestic violence

24      

Power to issue a domestic violence protection notice

20

(1)   

A member of a police force not below the rank of superintendent (“the

authorising officer”) may issue a domestic violence protection notice (“a

DVPN”) under this section.

(2)   

A DVPN may be issued to a person (“P”) aged 18 years or over if the

authorising officer has reasonable grounds for believing that—

25

(a)   

P has been violent towards, or has threatened violence towards, an

associated person, and

(b)   

the issue of the DVPN is necessary to protect that person from violence

or a threat of violence by P.

(3)   

Before issuing a DVPN, the authorising officer must, in particular, consider—

30

(a)   

the welfare of any person under the age of 18 whose interests the officer

considers relevant to the issuing of the DVPN (whether or not that

person is an associated person),

(b)   

the opinion of the person for whose protection the DVPN would be

issued as to the issuing of the DVPN,

35

(c)   

any representations made by P as to the issuing of the DVPN, and

(d)   

in the case of provision included by virtue of subsection (8), the opinion

of any other associated person who lives in the premises to which the

provision would relate.

(4)   

The authorising officer must take reasonable steps to discover the opinions

40

mentioned in subsection (3).

(5)   

But the authorising officer may issue a DVPN in circumstances where the

person for whose protection it is issued does not consent to the issuing of the

DVPN.

 
 

Crime and Security Bill

73

 

(6)   

A DVPN must contain provision to prohibit P from molesting the person for

whose protection it is issued.

(7)   

Provision required to be included by virtue of subsection (6) may be expressed

so as to refer to molestation in general, to particular acts of molestation, or to

both.

5

(8)   

If P lives in premises which are also lived in by a person for whose protection

the DVPN is issued, the DVPN may also contain provision—

(a)   

to prohibit P from evicting or excluding from the premises the person

for whose protection the DVPN is issued,

(b)   

to prohibit P from entering the premises,

10

(c)   

to require P to leave the premises, or

(d)   

to prohibit P from coming within such distance of the premises as may

be specified in the DVPN.

(9)   

An “associated person” means a person who is associated with P within the

meaning of section 62 of the Family Law Act 1996.

15

(10)   

Subsection (11) applies where a DVPN includes provision in relation to

premises by virtue of subsection (8)(b) or (8)(c) and the authorising officer

believes that—

(a)   

P is a person subject to service law in accordance with sections 367 to

369 of the Armed Forces Act 2006, and

20

(b)   

the premises fall within paragraph (a) of the definition of “service living

accommodation” in section 96(1) of that Act.

(11)   

The authorising officer must make reasonable efforts to inform P’s

commanding officer (within the meaning of section 360 of the Armed Forces

Act 2006) of the issuing of the notice.

25

25      

Contents and service of a domestic violence protection notice

(1)   

A DVPN must state—

(a)   

the grounds on which it has been issued,

(b)   

that a constable may arrest P without warrant if the constable has

reasonable grounds for believing that P is in breach of the DVPN,

30

(c)   

that an application for a domestic violence protection order under

section 27 will be heard within 48 hours of the time of service of the

DVPN and a notice of the hearing will be given to P,

(d)   

that the DVPN continues in effect until that application has been

determined, and

35

(e)   

the provision that a magistrates’ court may include in a domestic

violence protection order.

(2)   

A DVPN must be in writing and must be served on P personally by a constable.

(3)   

On serving P with a DVPN, the constable must ask P for an address for the

purposes of being given the notice of the hearing of the application for the

40

domestic violence protection order.

 
 

Crime and Security Bill

74

 

26      

Breach of a domestic violence protection notice

(1)   

A person arrested by virtue of section 25(1)(b) for a breach of a DVPN must be

held in custody and brought before the magistrates’ court which will hear the

application for the DVPO under section 27

(a)   

before the end of the period of 24 hours beginning with the time of the

5

arrest, or

(b)   

if earlier, at the hearing of that application.

(2)   

If the person is brought before the court by virtue of subsection (1)(a), the court

may remand the person.

(3)   

If the court adjourns the hearing of the application by virtue of section 27(8),

10

the court may remand the person.

(4)   

In calculating when the period of 24 hours mentioned in subsection (1)(a) ends,

Christmas Day, Good Friday, any Sunday and any day which is a bank holiday

in England and Wales under the Banking and Financial Dealings Act 1971 are

to be disregarded.

15

27      

Application for a domestic violence protection order

(1)   

If a DVPN has been issued, a constable must apply for a domestic violence

protection order (“a DVPO”).

(2)   

The application must be made by complaint to a magistrates’ court.

(3)   

The application must be heard by the magistrates’ court not later than 48 hours

20

after the DVPN was served pursuant to section 25(2).

(4)   

In calculating when the period of 48 hours mentioned in subsection (3) ends,

Christmas Day, Good Friday, any Sunday and any day which is a bank holiday

in England and Wales under the Banking and Financial Dealings Act 1971 are

to be disregarded.

25

(5)   

A notice of the hearing of the application must be given to P.

(6)   

The notice is deemed given if it has been left at the address given by P under

section 25(3).

(7)   

But if the notice has not been given because no address was given by P under

section 25(3), the court may hear the application for the DVPO if the court is

30

satisfied that the constable applying for the DVPO has made reasonable efforts

to give P the notice.

(8)   

The magistrates’ court may adjourn the hearing of the application.

(9)   

If the court adjourns the hearing, the DVPN continues in effect until the

application has been determined.

35

(10)   

On the hearing of an application for a DVPO, section 97 of the Magistrates’

Courts Act 1980 (summons to witness and warrant for his arrest) does not

apply in relation to a person for whose protection the DVPO would be made,

except where the person has given oral or written evidence at the hearing.

28      

Conditions for and contents of a domestic violence protection order

40

(1)   

The court may make a DVPO if two conditions are met.

 
 

Crime and Security Bill

75

 

(2)   

The first condition is that the court is satisfied on the balance of probabilities

that P has been violent towards, or has threatened violence towards, an

associated person.

(3)   

The second condition is that the court thinks that making the DVPO is

necessary to protect that person from violence or a threat of violence by P.

5

(4)   

Before making a DVPO, the court must, in particular, consider—

(a)   

the welfare of any person under the age of 18 whose interests the court

considers relevant to the making of the DVPO (whether or not that

person is an associated person), and

(b)   

any opinion of which the court is made aware—

10

(i)   

of the person for whose protection the DVPO would be made,

and

(ii)   

in the case of provision included by virtue of subsection (8), of

any other associated person who lives in the premises to which

the provision would relate.

15

(5)   

But the court may make a DVPO in circumstances where the person for whose

protection it is made does not consent to the making of the DVPO.

(6)   

A DVPO must contain provision to prohibit P from molesting the person for

whose protection it is made.

(7)   

Provision required to be included by virtue of subsection (6) may be expressed

20

so as to refer to molestation in general, to particular acts of molestation, or to

both.

(8)   

If P lives in premises which are also lived in by a person for whose protection

the DVPO is made, the DVPO may also contain provision—

(a)   

to prohibit P from evicting or excluding from the premises the person

25

for whose protection the DVPO is made,

(b)   

to prohibit P from entering the premises,

(c)   

to require P to leave the premises, or

(d)   

to prohibit P from coming within such distance of the premises as may

be specified in the DVPO.

30

(9)   

A DVPO must state that a constable may arrest P without warrant if the

constable has reasonable grounds for believing that P is in breach of the DVPO.

(10)   

A DVPO may be in force for—

(a)   

no fewer than 14 days beginning with the day on which it is made, and

(b)   

no more than 28 days beginning with that day.

35

(11)   

A DVPO must state the period for which it is to be in force.

29      

Breach of a domestic violence protection order

(1)   

A person arrested by virtue of section 28(9) for a breach of a DVPO must be

held in custody and brought before a magistrates’ court within the period of 24

hours beginning with the time of the arrest.

40

(2)   

If the matter is not disposed of when the person is brought before the court, the

court may remand the person.

(3)   

In calculating when the period of 24 hours mentioned in subsection (1) ends,

Christmas Day, Good Friday, any Sunday and any day which is a bank holiday

 
 

Crime and Security Bill

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in England and Wales under the Banking and Financial Dealings Act 1971 are

to be disregarded.

30      

Further provision about remand

(1)   

This section applies for the purposes of the remand of a person by a

magistrates’ court under section 26(2) or (3) or 29(2).

5

(2)   

In the application of section 128(6) of the Magistrates’ Courts Act 1980 for those

purposes, the reference to the “other party” is to be read—

(a)   

in the case of a remand prior to the hearing of an application for a

DVPO, as a reference to the authorising officer,

(b)   

in any other case, as a reference to the constable who applied for the

10

DVPO.

(3)   

If the court has reason to suspect that a medical report will be required, the

power to remand a person may be exercised for the purpose of enabling a

medical examination to take place and a report to be made.

(4)   

If the person is remanded in custody for that purpose, the adjournment may

15

not be for more than 3 weeks at a time.

(5)   

If the person is remanded on bail for that purpose, the adjournment may not

be for more than 4 weeks at a time.

(6)   

If the court has reason to suspect that the person is suffering from a mental

disorder within the meaning of the Mental Health Act 1983, the court has the

20

same power to make an order under section 35 of that Act (remand to hospital

for medical report) as it has under that section in the case of an accused person

(within the meaning of that section).

(7)   

The court may, when remanding the person on bail, require the person to

comply, before release on bail or later, with such requirements as appear to the

25

court to be necessary to secure that the person does not interfere with witnesses

or otherwise obstruct the course of justice.

31      

Guidance

(1)   

The Secretary of State may from time to time issue guidance relating to the

exercise by a constable of functions under sections 24 to 30.

30

(2)   

A constable must have regard to any guidance issued under subsection (1)

when exercising a function to which the guidance relates.

(3)   

Before issuing guidance under this section, the Secretary of State must

consult—

(a)   

the Association of Chief Police Officers,

35

(b)   

the National Policing Improvement Agency, and

(c)   

such other persons as the Secretary of State thinks fit.

32      

Ministry of Defence Police

(1)   

A member of the Ministry of Defence Police not below the rank of

superintendent may issue a DVPN under section 24 for the protection of an

40

associated person if either P or the associated person lives in premises which

 
 

Crime and Security Bill

77

 

fall within paragraph (a) of the definition of “service living accommodation” in

section 96(1) of the Armed Forces Act 2006.

(2)   

If a DVPN is issued by a member of the Ministry of Defence Police by virtue of

subsection (1), provision may be included in the DVPN by virtue of section

24(8) in relation to any other premises in England or Wales lived in by P and

5

the associated person.

33      

Pilot schemes

(1)   

The Secretary of State may by order made by statutory instrument provide for

any provision of sections 24 to 32 to come into force for a period of time to be

specified in or under the order for the purpose of assessing the effectiveness of

10

the provision.

(2)   

Such an order may make different provision for different areas.

(3)   

More than one order may be made under this section.

(4)   

Provision included in an order under this section does not affect the provision

that may be included in relation to sections 24 to 32 in an order under section

15

59 (commencement).

Gang-related violence

34      

Grant of injunction: minimum age

In section 34 of the Policing and Crime Act 2009 (injunctions to prevent gang-

related violence), in subsection (1), after “grant an injunction” there is inserted

20

“against a respondent aged 14 or over”.

35      

Review on respondent to injunction becoming 18

(1)   

The Policing and Crime Act 2009 is amended as follows.

(2)   

In section 36 (contents of injunctions: supplemental), after subsection (4) there

is inserted—

25

“(4A)   

Where—

(a)   

the respondent is under the age of 18 on the injunction date, and

(b)   

any prohibition or requirement in the injunction is to have effect

after the respondent reaches that age and for at least the period

of four weeks beginning with the respondent’s 18th birthday,

30

   

the court must order the applicant and the respondent to attend a

review hearing on a specified date within that period.”

(3)   

In section 42 (variation or discharge of injunctions), after subsection (4) there is

inserted—

“(4A)   

Section 36(4A) does not apply where an injunction is varied to include

35

a prohibition or requirement which is to have effect as mentioned in

that provision but the variation is made within (or at any time after) the

period of four weeks ending with the respondent’s 18th birthday.”

 
 

 
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