Anti-social Behaviour, Crime and Policing Act 2014
A court may grant an injunction under this section against a person aged 10 or over (“the respondent”) if two conditions are met.
The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour.
The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.
An injunction under this section may for the purpose of preventing the respondent from engaging in anti-social behaviour—
prohibit the respondent from doing anything described in the injunction;
require the respondent to do anything described in the injunction.
Prohibitions and requirements in an injunction under this section must, so far as practicable, be such as to avoid—
any interference with the times, if any, at which the respondent normally works or attends school or any other educational establishment;
any conflict with the requirements of any other court order or injunction to which the respondent may be subject.
An injunction under this section must— In the case of an injunction granted before the respondent has reached the age of 18, a period must be specified and it must be no more than 12 months.
specify the period for which it has effect, or
state that it has effect until further order.
An injunction under this section may specify periods for which particular prohibitions or requirements have effect.
An application for an injunction under this section must be made to— Paragraph (b) is subject to any rules of court made under section 18(2).
a youth court, in the case of a respondent aged under 18;
the High Court or the county court, in any other case.
In this Part “anti-social behaviour” means—
conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises, or
conduct capable of causing housing-related nuisance or annoyance to any person.
Subsection (1)(b) applies only where the injunction under section 1 is applied for by—
a housing provider,
a local authority, or
a chief officer of police.
In subsection (1)(c) “housing-related” means directly or indirectly relating to the housing management functions of—
a housing provider, or
a local authority.
For the purposes of subsection (3) the housing management functions of a housing provider or a local authority include—
functions conferred by or under an enactment;
the powers and duties of the housing provider or local authority as the holder of an estate or interest in housing accommodation.
An injunction under section 1 that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement. The person may be an individual or an organisation.
Before including a requirement, the court must receive evidence about its suitability and enforceability from—
the individual to be specified under subsection (1), if an individual is to be specified;
an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
Before including two or more requirements, the court must consider their compatibility with each other.
It is the duty of a person specified under subsection (1)—
to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);
to promote the respondent's compliance with the relevant requirements;
if the person considers that the respondent— to inform the person who applied for the injunction and the appropriate chief officer of police.
has complied with all the relevant requirements, or
has failed to comply with a relevant requirement,
In subsection (4)(c) “the appropriate chief officer of police” means—
the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the respondent lives, or
if it appears to that person that the respondent lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.
A respondent subject to a requirement included in an injunction under section 1 must— These obligations have effect as requirements of the injunction.
keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;
notify the person of any change of address.
A court granting an injunction under section 1 may attach a power of arrest to a prohibition or requirement of the injunction if the court thinks that— “Requirement” here does not include one that has the effect of requiring the respondent to participate in particular activities.
the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or
there is a significant risk of harm to other persons from the respondent.
If the court attaches a power of arrest, the injunction may specify a period for which the power is to have effect which is shorter than that of the prohibition or requirement to which it relates.
An injunction under section 1 may be granted only on the application of—
a local authority,
a housing provider,
the chief officer of police for a police area,
the chief constable of the British Transport Police Force,
Transport for London,
the Environment Agency,
Transport for Greater Manchester,
the Natural Resources Body for Wales,
the Secretary of State exercising security management functions, or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or
the Welsh Ministers exercising security management functions, or a person or body exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person or body.
In subsection (1) “security management functions” means—
the Secretary of State's security management functions within the meaning given by section 195(3) of the National Health Service Act 2006;
the functions of the Welsh Ministers corresponding to those functions.
A housing provider may make an application only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions.
For the purposes of subsection (3) the housing management functions of a housing provider include—
functions conferred by or under an enactment;
the powers and duties of the housing provider as the holder of an estate or interest in housing accommodation.
The Secretary of State may by order—
amend this section;
amend section 20 in relation to expressions used in this section.
An application for an injunction under section 1 may be made without notice being given to the respondent.
If an application is made without notice the court must either—
adjourn the proceedings and grant an interim injunction (see section 7), or
adjourn the proceedings without granting an interim injunction, or
dismiss the application.
This section applies where the court adjourns the hearing of an application (whether made with notice or without) for an injunction under section 1.
The court may grant an injunction under that section lasting until the final hearing of the application or until further order (an “interim injunction”) if the court thinks it just to do so.
An interim injunction made at a hearing of which the respondent was not given notice may not have the effect of requiring the respondent to participate in particular activities.
Subject to that, the court has the same powers (including powers under section 4) whether or not the injunction is an interim injunction.
The court may vary or discharge an injunction under section 1 on the application of—
the person who applied for the injunction, or
the respondent.
In subsection (1) “the court” means—
the court that granted the injunction, except where paragraph (b) applies;
the county court, where the injunction was granted by a youth court but the respondent is aged 18 or over.
The power to vary an injunction includes power—
to include an additional prohibition or requirement in the injunction, or to extend the period for which a prohibition or requirement has effect;
to attach a power of arrest, or to extend the period for which a power of arrest has effect.
If an application under this section is dismissed, the party by which the dismissed application was made may make no further application under this section without—
the consent of the court, or
the agreement of the other party.
Section 3 applies to additional requirements included under subsection (3)(a) above as it applies to requirements included in a new injunction.
Where a power of arrest is attached to a provision of an injunction under section 1, a constable may arrest the respondent without warrant if he or she has reasonable cause to suspect that the respondent is in breach of the provision.
A constable who arrests a person under subsection (1) must inform the person who applied for the injunction.
A person arrested under subsection (1) must, within the period of 24 hours beginning with the time of the arrest, be brought before—
a judge of the High Court or a judge of the county court, if the injunction was granted by the High Court;
a judge of the county court, if—
the injunction was granted by the county court, or
the injunction was granted by a youth court but the respondent is aged 18 or over;
a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.
In calculating when the period of 24 hours ends, Christmas Day, Good Friday and any Sunday are to be disregarded.
The judge before whom a person is brought under subsection (3)(a) or (b) may remand the person if the matter is not disposed of straight away.
The justice of the peace before whom a person is brought under subsection (3)(c) must remand the person to appear before the youth court that granted the injunction.
If the person who applied for an injunction under section 1 thinks that the respondent is in breach of any of its provisions, the person may apply for the issue of a warrant for the respondent's arrest.
The application must be made to—
a judge of the High Court, if the injunction was granted by the High Court;
a judge of the county court, if—
the injunction was granted by the county court, or
the injunction was granted by a youth court but the respondent is aged 18 or over;
a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.
A judge or justice may issue a warrant under this section only if the judge or justice has reasonable grounds for believing that the respondent is in breach of a provision of the injunction.
A warrant issued by a judge of the High Court must require the respondent to be brought before that court.
A warrant issued by a judge of the county court must require the respondent to be brought before that court.
A warrant issued by a justice of the peace must require the respondent to be brought before—
the youth court that granted the injunction, if the person is aged under 18;
the county court, if the person is aged 18 or over.
A constable who arrests a person under a warrant issued under this section must inform the person who applied for the injunction.
If the respondent is brought before a court by virtue of a warrant under this section but the matter is not disposed of straight away, the court may remand the respondent.
Schedule 1 (remands under sections 9 and 10) has effect.
Schedule 2 (breach of injunctions: powers of court in respect of under-18s) has effect.
An injunction under section 1 may have the effect of excluding the respondent from the place where he or she normally lives (“the premises”) only if—
the respondent is aged 18 or over,
the injunction is granted on the application of—
a local authority,
the chief officer of police for the police area that the premises are in, or
if the premises are owned or managed by a housing provider, that housing provider, and
the court thinks that—
the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or
there is a significant risk of harm to other persons from the respondent.
For the purposes of this section a housing provider owns a place if—
the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the place, whether in possession or in reversion, or
the housing provider is a person who holds or is entitled to the rents and profits of the place under a lease that (when granted) was for a term of not less then 3 years.
A person applying for an injunction under section 1 must before doing so— This subsection does not apply to a without-notice application.
consult the local youth offending team about the application, if the respondent will be aged under 18 when the application is made;
inform any other body or individual the applicant thinks appropriate of the application.
Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must—
consult the local youth offending team about the application, if the respondent will be aged under 18 on that date;
inform any other body or individual the applicant thinks appropriate of the application.
A person applying for variation or discharge of an injunction under section 1 granted on that person's application must before doing so—
consult the local youth offending team about the application for variation or discharge, if the respondent will be aged under 18 when that application is made;
inform any other body or individual the applicant thinks appropriate of that application.
In this section—
a housing trust, within the meaning given by section 2 of the Housing Associations Act 1985, that is a charity;
in the case of a proposed extension or discharge, publicising the proposal;
The responsible authorities in a local government area must make arrangements (“co-option arrangements”) for the inclusion of local providers of social housing among the relevant bodies in that area. In this paragraph “responsible authorities” means—
Schedule 7 to the Terrorism Act 2000 is amended as follows. In paragraph 1(1)(b), after “officer” there is inserted “who is designated for the purpose of this Schedule by the Secretary of State”. After paragraph 1 there is inserted—
In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is inserted—
The Terrorism Act 2000 is amended as follows. In paragraph 6(3) of Schedule 7 (provisions of Schedule 8 applying to detention under Schedule 7)— In Schedule 8, after Part 1 there is inserted—
In paragraph 1 (powers to issue fixed penalty notices), in sub-paragraph (2)(b), for the words after “in respect of an offence” there is substituted “listed in sub-paragraph (2B)”. In sub-paragraph (2) of that paragraph, after paragraph (ca) there is inserted—. The offences referred to in sub-paragraph (2)(b) are— In this paragraph “cycle” has the same meaning as in the Road Traffic Act 1988 (see section 192(1) of that Act).
After paragraph 3A there is inserted—
In section 19AA of the Criminal Procedure (Scotland) Act 1995 (samples etc from sex offenders), in subsection (1)(c), after “an order under section” there is inserted “122A or”.
In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in subsection (4)(c), after “interim notification order,” there is inserted “sexual harm prevention order, interim sexual harm prevention order,”.
In Schedule 3A to the Armed Forces Act 2006 (Court Martial sentencing powers where election for trial by that court instead of CO), paragraph 13(2) and (3) (service sexual offences prevention orders) is repealed.
In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), for paragraph (f) of subsection (2) there is substituted—.
and also includes an order under section 122A of the 2003 Act (sexual risk orders);
In section 89 of that Act (young offenders: parental directions), in the Table in subsection (1), after “interim notification order,” there is inserted “sexual harm prevention order, interim sexual harm prevention order,”.
Section 11 of that Act (interpretation) is amended as follows. For paragraph (e) of subsection (1) there is substituted—. In subsection (2A)(i) the words “the body known as” are omitted. In subsection (8A), for “the Chief Executive of the body known as” there is substituted “a member of the staff of”.
In section 91A of that Act (review of indefinite notification requirements: qualifying young offender), in subsection (2)(b), after “not subject to” there is inserted “a sexual harm prevention order under section 103A, an interim sexual harm prevention order under section 103F,”.
In the cross-heading before section 104 of that Act (sexual offences prevention orders: application and grounds), after “orders” there is inserted “(Scotland and Northern Ireland)”.
In section 108 of that Act (SOPOs: variations, renewals and discharges), in subsection (8)(b) the words “2 or” and “England and Wales or” are omitted.
In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A or” and “England and Wales or” are omitted.
Section 110 of that Act (SOPOs and interim SOPOs: appeals) is amended as follows. For the heading there is substituted “Appeals in relation to SOPOs and interim SOPOs: Northern Ireland”. In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is substituted “a county court”. In subsection (4), for “the Crown Court” there is substituted “the county court”. For subsection (5) there is substituted—
Section 113 of that Act (offence: breach of SOPO or interim SOPO) is amended as follows. In the heading, at the end there is inserted “etc”. In subsection (1), in paragraph (d) the words “2, 2A or” and “in England and Wales and” are omitted. After that subsection there is inserted—
In the cross-heading before section 114 of that Act (foreign travel orders: applications and grounds), after “orders” there is inserted “(Scotland and Northern Ireland)”.
Section 117A of that Act (foreign travel orders: surrender of passports) is amended as follows. For the heading there is substituted “Surrender of passports: Northern Ireland”. In subsection (2), after “at a police station” there is inserted “in Northern Ireland”. In subsection (3), at the end there is inserted “(unless the person is subject to an equivalent prohibition under another order)”.
In section 117B of that Act (surrender of passports: Scotland), at the end of subsection (3) there is inserted “(unless the person is subject to an equivalent prohibition under another order)”.
Section 119 of that Act (foreign travel orders: appeals) is amended as follows. For the heading there is substituted “Appeals in relation to foreign travel orders: Northern Ireland”. In subsection (1), for “the Crown Court” there is substituted “a county court”. In subsection (2), for “the Crown Court” there is substituted “the county court”. For subsection (3) there is substituted—
Section 122 (offence: breach of foreign travel order) is amended as follows. In the heading, at the end there is inserted “etc”. In subsection (1)— In subsection (1B)(a) the words “England and Wales and” are omitted.
In the cross-heading before section 123 of that Act, after “orders” there is inserted “(Northern Ireland)”.
Section 123 of that Act (risk of sexual harm orders: application, grounds and effect) is amended as follows. In subsection (1)— Subsection (2) is repealed.
Section 125 (RSHOs: variation, renewals and discharges) is amended as follows. In subsection (2), for paragraphs (b) to (d) there is substituted— In subsection (3), for “and (if they wish to be heard) the other persons mentioned in subsection (2)” there is substituted “, and the other person mentioned in subsection (2) (if that person wishes to be heard)”. In subsection (5), for the words after “without the consent of the defendant and” there is substituted “the Chief Constable of the Police Service of Northern Ireland”. In subsection (7), for paragraphs (b) and (c) there is substituted—
In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has made that application” there is substituted “the Chief Constable of the Police Service of Northern Ireland”.
Section 127 (RSHOs and interim RSHOs) is amended as follows. In subsection (1), for “the Crown Court” there is substituted “a county court”. In subsection (2), for “the Crown Court” there is substituted “the county court”. For subsection (3) there is substituted—
Section 128 (offence: breach of RSHO or interim RSHO) is amended as follows. In the heading, after “interim RSHO” there is inserted “etc”. For subsections (1) and (1A) there is substituted—
Section 129 (effect of conviction etc of an offence under section 128) is amended as follows. In the heading, after “section 128” there is inserted “etc”. In subsection (1A)(a), after “an offence under section” there is inserted “122H or”. For subsection (5) there is substituted—
Section 133 of that Act (Part 2: general interpretation) is amended as follows. In subsection (1), at the appropriate places there is inserted—; ; ; ; .
In section 136 of that Act (Part 2: Northern Ireland), for subsection (8) there is substituted—
A supervision order is an order imposing on the person in respect of whom it is made (“the defaulter”) one or more of the following requirements— Before making a supervision order the court must obtain and consider information about the defaulter's family circumstances and the likely effect of a supervision order on those circumstances. Before making a supervision order imposing two or more requirements, the court must consider their compatibility with each other. The court must ensure, as far as practicable, that requirements imposed by a supervision order are such as to avoid— A supervision order must for the purposes of this Schedule specify a maximum period for the operation of any requirement contained in the order. The period specified under sub-paragraph (5) may not exceed 6 months (not counting the day on which the order is made). A supervision order must for the purposes of this Schedule specify—
In this Schedule “curfew requirement”, in relation to a supervision order, means a requirement that the defaulter remain at a place specified in the order for the periods specified in it. A supervision order imposing a curfew requirement may specify different places or different periods for different days. The periods specified under sub-paragraph (1)— Before specifying a place under sub-paragraph (1), the court making the order must obtain and consider information about the place proposed to be specified (including information as to the attitude of persons likely to be affected by the enforced presence there of the defaulter). Where a supervision order contains a curfew requirement, the court may, on the application of the original applicant or the defaulter, amend the order by—
The court may, on the application of the original applicant, amend a supervision order by substituting a new period for the one specified in the order for the time being under paragraph 2(5) (subject to paragraph 2(6)). A court amending a supervision order under sub-paragraph (1) may make whatever other amendments to the order the court considers appropriate in relation to a requirement imposed by the order.
If the responsible officer considers that the defaulter has complied with all the requirements of the supervision order, the officer must inform the original applicant.
The review procedures must include provision about what is to happen where an applicant is dissatisfied with the way in which the relevant bodies have—
dealt with an application for an ASB case review, or
carried out an ASB case review.
An intimate search of a person may not be carried out under this paragraph. A strip search of a person may not be carried out under this paragraph unless— “Senior officer” means— In this paragraph—
Paragraph 10 of Schedule 8 to the Terrorism Act 2000 is amended as follows. In sub-paragraph (5), for “the detained person only” there is substituted “a person detained under section 41, but only”. In sub-paragraph (6)(b), after “in any case” there is inserted “in which an authorisation under that sub-paragraph may be given”.
Before a chief officer of police makes a designation applying this paragraph to any person and specifying or describing an offence listed in sub-paragraph (2B)(b)(i), the officer shall consult every local authority any part of whose area lies within the officer’s police area. In paragraph (2C) “local authority” means—
In paragraph 11A (power to stop cycles), in sub-paragraph (2), for the words after “has committed an offence” there is substituted “listed in paragraph 1(2B)(a) to (e), (f)(i) or (g)”.
in relation to a public spaces protection order, has the meaning given by section 59(4);
“reporting period”, in relation to the publication of information by the relevant bodies in a local government area, means a period, not exceeding 12 months, determined by those bodies.
In this Schedule “activity requirement”, in relation to a supervision order, means a requirement that the defaulter do any or all of the following within the period for the time being specified in the order under paragraph 2(5)— The aggregate number of days specified in a supervision order in relation to an activity requirement must not be less than 12 or more than 24. A requirement referred to in sub-paragraph (1)(a) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement— A requirement referred to in sub-paragraph (1)(b) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement— Where the order includes a requirement referred to in sub-paragraph (1)(c) to participate in a residential exercise, it must specify either— in relation to the exercise. A requirement under sub-paragraph (1)(c) to participate in a residential exercise in relation to which a place is specified under sub-paragraph (5) operates to require the defaulter, in accordance with instructions given by the responsible officer— A requirement under sub-paragraph (1)(c) to participate in a residential exercise in relation to which an activity is specified under sub-paragraph (5) operates to require the defaulter, in accordance with instructions given by the responsible officer— Subject to sub-paragraph (9), instructions under sub-paragraph (1)(d) relating to any particular day must require the defaulter to do either of the following— The instructions operate to require the defaulter, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or activity. If the supervision order so provides, instructions under sub-paragraph (1)(d) may require the defaulter to participate in a residential exercise for a period comprising not more than seven days, and for that purpose— Instructions of the kind mentioned in sub-paragraph (9)— Instructions given by, or under the authority of, a person in charge of a place under sub-paragraph (3)(b), (6)(c), (8) or (10)(b) may require the defaulter to engage in activities otherwise than at that place. Where a supervision order contains an activity requirement, the court may, on the application of the original applicant or the defaulter, amend the order by substituting for a number of days, place, activity, period or description of persons specified in the order a new number of days, place, activity, period or description (subject, in the case of a number of days, to sub-paragraph (2)). A court may include an activity requirement in a supervision order or vary an activity requirement under sub-paragraph (12) only if— In sub-paragraph (10) “guardian” has the same meaning as in the Children and Young Persons Act 1933. But where a local authority has parental responsibility (within the meaning given by section 3 of the Children Act 1989) for a defaulter who— the reference to “guardian” in sub-paragraph (10) is to be read as a reference to that authority.
For the purposes of this Part of this Schedule, the “responsible officer”, in relation to a supervision order, means— Where a supervision order has been made, it is the duty of the responsible officer— The responsible officer must ensure, so far as practicable, that any instructions given by the officer under a supervision order are such as to avoid the things referred to in paragraph 2(4). A defaulter in respect of whom a supervision order is made must— These obligations have effect as requirements of the order.
The original applicant or the defaulter may apply to a youth court— If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since the supervision order was made, the court may grant an application under sub-paragraph (1) and revoke or amend the order accordingly. The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter. If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further application under this paragraph without— The original applicant must consult the youth offending team for the time being specified in the supervision order before making an application under sub-paragraph (1).
A court that makes a supervision order must straight away provide a copy of the order to— Where a supervision order is made, the original applicant must straight away provide a copy of so much of the order as is relevant— A court that revokes or amends a supervision order must straight away provide a copy of the revoking order, or of the order as amended, to— Where— the original applicant must straight away give a copy of the revoking order, or of so much of the order as amended as is relevant, to that person.
In this Schedule “examining officer” means— In this Schedule “travel document” means anything that is, or appears to be, a passport or other document which— For the purposes of this Schedule a travel document is “invalid” if— In this Schedule “port” means—
If a travel document is retained under paragraph 2(2)(c) or 3(3)(c) while its validity is checked, the checking must be carried out as soon as possible. If it is established that a travel document taken from a person under paragraph 2 or 3— it must be returned to the person straight away. A travel document taken from a person under paragraph 2 or 3 must be returned to the person before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry. A requirement under sub-paragraph (2)(b) or (3) to return an expired travel document does not apply where the officer concerned reasonably believes that the person from whom he or she took the document, or some other person, intends to use it for purposes for which it is no longer valid. A requirement under sub-paragraph (2) or (3) to return a travel document has effect subject to any provision not in this Schedule under which the document may be lawfully retained.
Schedule 7 to the Terrorism Act 2000 is amended as follows. Paragraph 6(4) is repealed. After paragraph 6 there is inserted—
Schedule 8 to the Terrorism Act 2000 is amended as follows. In paragraph 1(5) (definition of examining officer) for “paragraph” there is substituted “Schedule”. In paragraph 2(2)(d), the words “(within the meaning of that Schedule)” are omitted. In paragraph 6, for “police station”, in each place, there is substituted “place”. In paragraph 7(1) the words “at a police station” are omitted. After paragraph 7 there is inserted— In paragraph 8(1), for “an officer” there is substituted “a police officer”. In paragraph 9(2)(a) and (b)— In paragraph 16— After paragraph 16 there is inserted— In paragraph 17(1)— In paragraph 18—
Schedule 14 to the Terrorism Act 2000 (exercise of powers—codes of practice etc) is amended as follows. In paragraph 1, after ““officer” means” there is inserted “(subject to paragraph 6A)”. After paragraph 6 there is inserted—
An appeal lies to the Crown Court against a decision of a youth court made under this Part.
On an appeal under this section the Crown Court may make—
whatever orders are necessary to give effect to its determination of the appeal;
whatever incidental or consequential orders appear to it to be just.
An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by the youth court) is to be treated for the purposes of section 8 as an order of the youth court.
Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to proceedings under this Part as it applies to criminal proceedings, but with—
the omission of the provisions of that Act mentioned in subsection (2) (which make provision appropriate only in the context of criminal proceedings), and
any other necessary modifications.
The provisions are—
section 17(4) to (7);
section 21(4C)(e);
section 22A;
section 27(10);
section 32.
Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to proceedings under this Part—
to the extent provided by rules of court, and
subject to any modifications provided by rules of court.
Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications— Sections 49 and 51 of that Act (offences) apply accordingly.
to a direction under section 19 of that Act as applied by this section;
to a direction discharging or varying such a direction.
Section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply to proceedings under this Part.
Rules of court may provide that an appeal from a decision of the High Court, the county court or a youth court— may be made without notice being given to the respondent.
to dismiss an application for an injunction under section 1 made without notice being given to the respondent, or
to refuse to grant an interim injunction when adjourning proceedings following such an application,
Rules of court may provide for a youth court to give permission for an application for an injunction under section 1 against a person aged 18 or over to be made to the youth court if—
an application to the youth court has been made, or is to be made, for an injunction under that section against a person aged under 18, and
the youth court thinks that it would be in the interests of justice for the applications to be heard together.
In relation to a respondent attaining the age of 18 after proceedings under this Part have begun, rules of court may—
provide for the transfer of the proceedings from the youth court to the High Court or the county court;
prescribe circumstances in which the proceedings may or must remain in the youth court.
The Secretary of State may issue guidance to persons entitled to apply for injunctions under section 1 (see section 5) about the exercise of their functions under this Part.
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued or revised under this section to be published.
In this Part—
“principal road” has the meaning given by section 12 of that Act (and see section 13 of that Act);
in relation to England, a housing action trust established under section 62 of the Housing Act 1988;
any body (other than a local authority or a body within paragraphs (a) to (d)) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985;
Sections 12 to 16 of the Criminal Justice and Police Act 2001 (alcohol consumption in designated public places) are repealed.
The following provisions of the Anti-social Behaviour Act 2003 are repealed—
Part 1 (closure of premises where drugs used unlawfully);
Part 1A (closure of premises associated with persistent disorder or nuisance);
Part 4 (dispersal of groups etc);
sections 40 and 41 (closure of noisy premises);
sections 48 to 52 (removal of graffiti and fly-posting) and the cross-heading before section 48.
The following provisions of the Violent Crime Reduction Act 2006 (which relate to drinking banning orders) are repealed—
sections 1 to 7;
section 8(1) to (6);
sections 9 to 14.
In section 56 of the Violent Crime Reduction Act 2006 (cross-border provisions relating to sexual offences), subsection (2) is repealed.
In article 14 of the Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (pensions: special constables and police cadets), in paragraph (2), for “the Police Negotiating Board for the United Kingdom” there is substituted “the Police Negotiating Board for Scotland”.
only
Section 27 of that Act (directions to individuals who represent a risk of disorder) is repealed.
Section 21 of that Act (human rights) is amended as follows. For the heading there is substituted “Person unlawfully at large: human rights”. In subsection (1) the words “11 or” are omitted.
In section 26 of that Act (appeal against extradition order: category 1 territory), in subsection (4), for “Notice of an appeal” there is substituted “Notice of application for leave to appeal”.
In section 28 of that Act (appeal against discharge at extradition hearing: category 1 territory), in subsection (5), for “Notice of an appeal” there is substituted “Notice of application for leave to appeal”.
In section 35 of that Act (extradition where there is no appeal), after subsection (4) there is inserted—
In section 36 of that Act (extradition following appeal), after subsection (3) there is inserted—
In section 66 of that Act (supplementary provision for the purposes of sections 64 and 65), in subsection (1), for “(2)” there is substituted “(1A)”.
In section 103 of that Act (appeal where case sent to Secretary of State), in subsection (9), for “Notice of an appeal” there is substituted “Notice of application for leave to appeal”.
In section 105 of that Act (appeal against discharge at extradition hearing: category 2 territory), in subsection (5), for “Notice of an appeal” there is substituted “Notice of application for leave to appeal”.
Section 108 of that Act (appeal against extradition order: category 2 territory) is amended as follows. Notice of application for leave to appeal under this section must be given— In subsection (5)— In subsection (6), for the words before “before the person is extradited” there is substituted “Notice of application for leave to appeal on human rights grounds given after the end of the permitted period must be given”. In subsection (7)— In subsection (8), for ““appeal on human rights grounds” means an appeal” there is substituted ““to appeal on human rights grounds” means to appeal”.
In section 110 of that Act (appeal against discharge by Secretary of State), in subsection (5), for “Notice of an appeal” there is substituted “Notice of application for leave to appeal”.
In section 117 of that Act (extradition where there is no appeal), in subsection (2), for the words after “28 days” there is substituted starting with—
In section 118 of that Act (extradition following appeal), after subsection (2) there is inserted—
In section 137 (definition of extradition offence for the purposes of Part 2 of the Act: person not sentenced for offence) subsection (9) is repealed.
In section 138 (definition of extradition offence for the purposes of Part 2 of the Act: person sentenced for offence) subsection (9) is repealed.
Section 197 of that Act (custody) is amended as follows. This is subject to the power to order the temporary transfer of a person under section 21B. After subsection (6) there is inserted—
Section 204 of that Act (warrant issued by category 1 territory: transmission by electronic means) is amended as follows. In subsections (1)(c) and (2)(c), for “a qualifying form” there is substituted “a form in which it is intelligible and which is capable of being used for subsequent reference”. In subsection (6)—
Section 216 of that Act (interpretative provisions) is amended as set out in sub-paragraphs (2) and (3). After subsection (10) there is inserted— After subsection (12) there is inserted— The following provisions of that Act are repealed in consequence of sub-paragraphs (2) and (3)—
section 189D(4); section 189E(1)(b);
In section 226 of that Act (extent), in subsection (2), after “Sections” there is inserted “151B,”.
In Part 1 of Schedule 1 to that Act (re-extradition: category 1 territories), in paragraph 3, after “21(3)” there is inserted “and section 21A(5)”.
If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the end of the period of remand, the court may further remand the person in his or her absence. The power in sub-paragraph (1) may, in the case of a person who was remanded on bail, be exercised by enlarging the person's recognizance and those of any sureties for the person to a later time. Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand the person under sub-paragraph (1), the court may (in the person's absence) enlarge the person's recognizance and those of any sureties for the person to a later time. The enlargement of the person's recognizance is to be treated as a further remand. Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers conferred by this paragraph.
A detention order is an order that the person in respect of whom it is made (“the defaulter”) be detained for a period specified in the order in whatever youth detention accommodation the Secretary of State decides. The period specified under sub-paragraph (1) may not exceed the period of 3 months (not counting the day on which the order is made). In sub-paragraph (1) “youth detention accommodation” means— The function of the Secretary of State under sub-paragraph (1) is exercisable concurrently with the Youth Justice Board. A person detained under a detention order is in legal custody.
In making and revising the review procedures, the relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate.
The relevant bodies in a local government area may request any person to disclose information for a purpose connected with the carrying out of an ASB case review. If such a request is made to a person that exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (4)) comply with the request. If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to sub-paragraph (4)) comply with the request. This paragraph does not require or authorise— Subject to that, a disclosure under this paragraph does not breach— In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
The College of Policing.
The following provisions are repealed or revoked— Title and reference Extent of repeal or revocation Police Act 1996 (c. 16) In Schedule 7, paragraph 28. Police (Northern Ireland) Act 1998 (c. 32) Section 34. Greater London Authority Act 1999 (c. 29) In Schedule 27, paragraph 92(2). Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999 (S.I. 1999/1319) In the Schedule, the entry for the Police Negotiating Board for the United Kingdom. Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747) In Schedule 1, the entry for the Police Negotiating Board for the United Kingdom. Schedule 21. Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) In Schedule 2, paragraph 124. Police (Northern Ireland) Act 2000 (c. 32) In Schedule 6, paragraph 12(2). Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the entry for the Police Negotiating Board. Police Reform Act 2002 (c. 30) In Schedule 4, in paragraph 1(2), the word “and” at the end of paragraph (ca). Police and Justice Act 2006 (c. 48) In Schedule 4, paragraphs 3 and 10. Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) In Schedule 6, paragraph 5(3) and (4). Policing and Crime Act 2009 (c. 26) Section 12(3). Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976) In Schedule 3, paragraphs 5 to 7. Police Reform and Social Responsibility Act 2011 (c. 13) Section 24(2)(a). In Schedule 16, paragraphs 30(3), 35(3) and 38. Police and Fire Reform (Scotland) Act 2012 (asp 8) In Schedule 7, paragraph 13(4). Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) In Schedule 1, paragraph 5(4) to (6).
“expedited order” has the meaning given by section 59A(1);
Section 6A of the Housing Act 1988 (demotion because of anti-social behaviour) is amended as follows. In subsection (4), for paragraph (a) there is substituted—. After subsection (10) there is inserted—
Section 113CA of the Police Act 1997 (suitability information relating to children) is amended as follows. After paragraph (f) of subsection (2) there is inserted—. After paragraph (i) of that subsection there is inserted—.
Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting and samples: power to require attendance at police station) is amended as follows. In paragraph 1 (fingerprinting: persons arrested and released)— In paragraph 2 (fingerprinting: persons charged etc)— In paragraph 9 (non-intimate samples: persons arrested and released)— In paragraph 10 (non-intimate samples: persons charged etc)—
In section 49 of the Police (Northern Ireland) Act 2000 (severance arrangements), for subsection (4) there is substituted—
“local authority” means—
Section 7 of that Act (orders for possession) is amended as follows. In subsection (3), after “below” there is inserted “(and to any available defence based on the tenant’s Convention rights, within the meaning of the Human Rights Act 1998)”. In subsection (5A)(a), for “and 5” there is substituted “, 5 and 7A”. In subsection (6)(a), after “Ground 2” there is inserted “, Ground 7A”.
Section 113CB of that Act (suitability information relating to protected adults) is amended as follows. After paragraph (f) of subsection (2) there is inserted—. After paragraph (i) of that subsection there is inserted—.
“unitary authority” means—
Section 11
“conduct” includes a failure to act;
This Schedule applies where— A reference in the following paragraphs of this Schedule to a judge is to be read as including a justice of the peace.
In Schedule 9 to the Housing Act 1980 (provisions relating to housing association and housing trust tenancies under Rent Act 1977), in paragraph 5, after “83” there is inserted “or 83ZA”.
In section 3 of the Prosecution of Offences Act 1985 (functions of DPP), subsection (2) is amended as follows. In paragraph (fa), for the words from “section 1C” to “proceedings)” there is substituted “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 (criminal behaviour orders made on conviction)”. In paragraph (fb)— In paragraph (fc)— Paragraphs (fd) and (fe) are omitted.
Section 12
Section 94(2)
Section 104
Section 113
Section 115
Part 2A of the Sexual Offences Act 2003 (closure orders) is amended as follows.
Section 136A (meaning of specified prostitution offence etc) is amended as follows. In subsection (2)— In subsection (3)— After that subsection there is inserted— In subsection (4)(a)— After subsection (5) there is inserted—
In section 136B (power to authorise issue of closure notice), in the heading, for “notice” there is substituted “notice: prostitution or pornography offences”.
After that section there is inserted—
Section 136C (contents and service of closure notice) is amended as follows. In subsection (1)(c), after “section 136B” there is inserted “or 136BA”. In subsection (3)(d), after “section 136B(7)(b)” there is inserted “or 136BA(6)(b)”.
Section 136D (power to make a closure order) is amended as follows. In subsection (5), for “either subsection (6) or subsection (7) (or both)” there is substituted “at least one of subsections (6), (7) and (7A)”. After subsection (7) there is inserted— In subsection (8), for “subsections (6) and (7)” there is substituted “subsections (6), (7) and (7A)(a)”. In subsection (9), for “prostitution or pornography offences” there is substituted “prostitution, pornography or child sex offences”. In subsection (10)(a), after “section 136B(7)(b)” there is inserted “or 136BA(6)(b)”. In subsection (12), for “prostitution or pornography offences” there is substituted “prostitution, pornography or child sex offences”.
In section 136H (applications for extension of closure order), in subsection (4), for “prostitution or pornography offences” there is substituted “prostitution, pornography or child sex offences”.
In section 136I (orders extending closure orders), in subsection (2), for “prostitution or pornography offences” there is substituted “prostitution, pornography or child sex offences”.
In section 136J (discharge of closure order), in subsection (3), for “prostitution or pornography offences” there is substituted “prostitution, pornography or child sex offences”.
In section 136O (compensation), in subsection (5)(a), after “section 136B” there is inserted “or 136BA”.
Section 136R (interpretation) is amended as follows. In subsection (2), after “section 136B” there is inserted “or 136BA”. After subsection (14) there is inserted—
Section 132
Section 147
Section 148
Section 152
Section 181
In the heading of section 9A of that Act (proceedings for possession: anti-social behaviour) after “possession” there is inserted “on non-absolute grounds”.
In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in paragraph 12ZA (family intervention tenancies), in sub-paragraph (3)(a)(i), for “ground 14” there is substituted “ground 7A of Part 1 of Schedule 2 or ground 14, 14ZA”.
“anti-social behaviour” means behaviour causing harassment, alarm or distress to members or any member of the public;
manages any house or other property in that area;
Sections 40 and 41 of the Crime and Security Act 2010 (anti-social behaviour orders: report on family circumstances and parenting orders on breach) are repealed.
The following provisions are repealed. Short title and chapter Extent of repeal Crime and Disorder Act 1998 (c. 37) Section 40(2). Powers of Criminal Courts(Sentencing) Act 2000 (c. 6) In Schedule 9, paragraph 192. Police Reform Act 2002 (c. 30) Sections 61 to 66. Licensing Act 2003 (c. 17) Section 155(2). In Schedule 6, paragraphs 121 to 125. Anti-social Behaviour Act 2003 (c. 38) Section 13. Section 14(3)(a). Section 56(1). Section 85(2) to (7) and (9) to (11). Section 86(1) to (4). Sexual Offences Act 2003 (c. 42) In Schedule 6, paragraph 38(3). Criminal Justice Act 2003 (c. 44) Sections 322 and 323. In Schedule 26, paragraph 59. Children Act 2004 (c. 31) In Schedule 2, paragraph 8. Serious Organised Crime andPolice Act 2005 (c. 15) Section 139(1) to (9). Section 140(1) to (4). Sections 141 to 143. In Schedule 7, paragraph 36. In Schedule 10, paragraph 3(3)(b). Clean Neighbourhoods and Environment Act 2005 (c. 16) Section 2. Section 20(2). Section 21. Section 22. Section 31. In Schedule 4, paragraphs 7, 13 and 16 to 19. Drugs Act 2005 (c. 17) Section 20. In Schedule 1, paragraph 7. Violent Crime Reduction Act2006 (c. 38) Section 8(7). Section 26. Section 59(1). Police and Justice Act 2006 (c. 48) Section 26. In Schedule 14, paragraphs 12(3), 13(3), 15, 32 and 33. Mental Health Act 2007 (c. 12) In Schedule 1, paragraph 21. Criminal Justice and Immig-ration Act 2008 (c. 4) Section 118. Section 123. Section 124. Schedule 20. Transport for London Act 2008 (c. i) Section 29(a). Coroners and Justice Act 2009 (c. 25) In Schedule 21, paragraph 72. Policing and Crime Act 2009 (c. 26) Section 31. Police Reform and Social Resp- onsibility Act 2011 (c. 13) In Schedule 16, paragraphs 307 to 309. Localism Act 2011 (c. 20) Section 155(1).
A person's age is treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.
In this section “existing order” means any of the following injunctions and orders—
an anti-social behaviour injunction under section 153A of the Housing Act 1996;
an injunction under section 153B of that Act (injunction against unlawful use of premises);
an injunction in which anything is included by virtue of section 153D(3) or (4) of that Act (power to include provision banning person from premises or area, or to include power of arrest, in injunction against breach of tenancy agreement);
an order under section 1 or 1B of the Crime and Disorder Act 1998 (anti-social behaviour orders etc);
an individual support order under section 1AA of that Act made in connection with an order under section 1 or 1B of that Act;
an intervention order under section 1G of that Act;
a drinking banning order under section 3 or 4 of the Violent Crime Reduction Act 2006.
The repeal or amendment by this Act of provisions about any of the existing orders specified in subsection (1)(a) to (d), (f) and (g) does not apply in relation to—
an application made before the commencement day for an existing order;
an existing order (whether made before or after that day) applied for before that day;
anything done in connection with such an application or order.
The repeal or amendment by this Act of provisions about an order specified in subsection (1)(e) does not apply in relation to—
an individual support order made before the commencement day;
anything done in connection with such an order.
As from the commencement day there may be no variation of an existing order that extends the period of the order or of any of its provisions.
At the end of the period of 5 years beginning with the commencement day—
in relation to any of the existing orders specified in subsection (1)(a), (b) and (d) to (g) that is still in force, this Part has effect, with any necessary modifications (and with any modifications specified in an order under section 185(7)), as if the provisions of the order were provisions of an injunction under section 1;
the provisions of this Part set out in subsection (6) apply to any injunction specified in subsection (1)(c) that is still in force as they apply to an injunction under section 1;
subsections (2) to (4) cease to have effect.
The provisions referred to in subsection (5)(b) are—
section 1(7);
sections 4(2) and 9 (if a power of arrest is attached);
sections 6 to 8;
section 10;
section 11 and Schedule 1;
section 12 and Schedule 2;
section 18(1).
In deciding whether to grant an injunction under section 1 a court may take account of conduct occurring up to 6 months before the commencement day.
In this section “commencement day” means the day on which this Part comes into force.
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This section applies where a person (“the offender”) is convicted of an offence.
The court may make a criminal behaviour order against the offender if two conditions are met.
The first condition is that the court is satisfied, beyond reasonable doubt, that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person.
The second condition is that the court considers that making the order will help in preventing the offender from engaging in such behaviour.
A criminal behaviour order is an order which, for the purpose of preventing the offender from engaging in such behaviour—
prohibits the offender from doing anything described in the order;
requires the offender to do anything described in the order.
The court may make a criminal behaviour order against the offender only if it is made in addition to—
a sentence imposed in respect of the offence, or
an order discharging the offender conditionally.
The court may make a criminal behaviour order against the offender only on the application of the prosecution.
The prosecution must find out the views of the local youth offending team before applying for a criminal behaviour order to be made if the offender will be under the age of 18 when the application is made.
Prohibitions and requirements in a criminal behaviour order must, so far as practicable, be such as to avoid—
any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment;
any conflict with the requirements of any other court order or injunction to which the offender may be subject.
In this section “local youth offending team” means—
the youth offending team in whose area it appears to the prosecution that the offender lives, or
if it appears to the prosecution that the offender lives in more than one such area, whichever one or more of the relevant youth offending teams the prosecution thinks appropriate.
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For the purpose of deciding whether to make a criminal behaviour order the court may consider evidence led by the prosecution and evidence led by the offender.
It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted.
The court may adjourn any proceedings on an application for a criminal behaviour order even after sentencing the offender.
If the offender does not appear for any adjourned proceedings the court may—
further adjourn the proceedings,
issue a warrant for the offender’s arrest, or
hear the proceedings in the offender’s absence.
The court may not act under paragraph (b) of subsection (4) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.
The court may not act under paragraph (c) of subsection (4) unless it is satisfied that the offender—
has had adequate notice of the time and place of the adjourned proceedings, and
has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in his or her absence.
Subsection (8) applies in relation to proceedings in which a criminal behaviour order is made against an offender who is under the age of 18.
In so far as the proceedings relate to the making of the order—
section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the offender;
section 39 of that Act (power to prohibit publication of certain matters) does so apply.
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A criminal behaviour order that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement. The person may be an individual or an organisation.
Before including a requirement, the court must receive evidence about its suitability and enforceability from—
the individual to be specified under subsection (1), if an individual is to be specified;
an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.
Before including two or more requirements, the court must consider their compatibility with each other.
It is the duty of a person specified under subsection (1)—
to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);
to promote the offender’s compliance with the relevant requirements;
if the person considers that the offender— to inform the prosecution and the appropriate chief officer of police.
has complied with all the relevant requirements, or
has failed to comply with a relevant requirement,
In subsection (4)(c) “the appropriate chief officer of police” means—
the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the offender lives, or
if it appears to that person that the offender lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.
An offender subject to a requirement in a criminal behaviour order must— These obligations have effect as requirements of the order.
keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;
notify the person of any change of address.
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A criminal behaviour order takes effect on the day it is made, subject to subsection (2).
If on the day a criminal behaviour order (“the new order”) is made the offender is subject to another criminal behaviour order (“the previous order”), the new order may be made so as to take effect on the day on which the previous order ceases to have effect.
A criminal behaviour order must specify the period (“the order period”) for which it has effect.
In the case of a criminal behaviour order made before the offender has reached the age of 18, the order period must be a fixed period of—
not less than 1 year, and
not more than 3 years.
In the case of a criminal behaviour order made after the offender has reached the age of 18, the order period must be—
a fixed period of not less than 2 years, or
an indefinite period (so that the order has effect until further order).
A criminal behaviour order may specify periods for which particular prohibitions or requirements have effect.
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This section applies where a court adjourns the hearing of an application for a criminal behaviour order.
The court may make a criminal behaviour order that lasts until the final hearing of the application or until further order (“an interim order”) if the court thinks it just to do so.
Section 22(6) to (8) and section 25(3) to (5) do not apply in relation to the making of an interim order.
Subject to that, the court has the same powers whether or not the criminal behaviour order is an interim order.
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A criminal behaviour order may be varied or discharged by the court which made it on the application of—
the offender, or
the prosecution.
If an application by the offender under this section is dismissed, the offender may make no further application under this section without—
the consent of the court which made the order, or
the agreement of the prosecution.
If an application by the prosecution under this section is dismissed, the prosecution may make no further application under this section without—
the consent of the court which made the order, or
the agreement of the offender.
The power to vary an order includes power to include an additional prohibition or requirement in the order or to extend the period for which a prohibition or requirement has effect.
Section 24 applies to additional requirements included under subsection (4) as it applies to requirements included in a new order.
In the case of a criminal behaviour order made by a magistrates’ court, the references in this section to the court which made the order include a reference to any magistrates’ court acting in the same local justice area as that court.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If— a review of the operation of the order must be carried out before the end of that period.
a person subject to a criminal behaviour order will be under the age of 18 at the end of a review period (see subsection (2)),
the term of the order runs until the end of that period or beyond, and
the order is not discharged before the end of that period,
The “review periods” are—
the period of 12 months beginning with—
the day on which the criminal behaviour order takes effect, or
if during that period the order is varied under section 27, the day on which it is varied (or most recently varied, if the order is varied more than once);
a period of 12 months beginning with—
the day after the end of the previous review period, or
if during that period of 12 months the order is varied under section 27, the day on which it is varied (or most recently varied, if the order is varied more than once).
A review under this section must include consideration of—
the extent to which the offender has complied with the order;
the adequacy of any support available to the offender to help him or her comply with it;
any matters relevant to the question whether an application should be made for the order to be varied or discharged.
Those carrying out or participating in a review under this section must have regard to any relevant guidance issued by the Secretary of State under section 32 when considering—
how the review should be carried out;
what particular matters the review should deal with;
what action (if any) it would be appropriate to take as a result of the findings of the review.
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A review under section 28 is to be carried out by the chief officer of police of the police force maintained for the police area in which the offender lives or appears to be living.
The chief officer, in carrying out a review under section 28, must act in co-operation with the council for the local government area in which the offender lives or appears to be living; and the council must co-operate in the carrying out of the review.
The chief officer may invite the participation in the review of any other person or body.
In this section “local government area” means— For the purposes of this section, the council for the Inner and Middle Temples is the Common Council of the City of London.
in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
in relation to Wales, a county or a county borough.
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A person who without reasonable excuse— commits an offence.
does anything he or she is prohibited from doing by a criminal behaviour order, or
fails to do anything he or she is required to do by a criminal behaviour order,
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a period not exceeding 6 months or to a fine, or to both;
on conviction on indictment, to imprisonment for a period not exceeding 5 years or to a fine, or to both.
If a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make an order under subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge).
In proceedings for an offence under this section, a copy of the original criminal behaviour order, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.
In relation to any proceedings for an offence under this section that are brought against a person under the age of 18—
section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the person;
section 45 of the Youth Justice and Criminal Evidence Act 1999 (power to restrict reporting of criminal proceedings involving persons under 18) does so apply.
If, in relation to any proceedings mentioned in subsection (5), the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it must give its reasons for doing so.
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Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to criminal behaviour order proceedings as it applies to criminal proceedings, but with—
the omission of the provisions of that Act mentioned in subsection (2) (which make provision appropriate only in the context of criminal proceedings), and
any other necessary modifications.
The provisions are—
section 17(4) to (7);
section 21(4C)(e);
section 22A;
section 27(10);
section 32.
Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to criminal behaviour order proceedings—
to the extent provided by rules of court, and
subject to any modifications provided by rules of court.
Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications— Sections 49 and 51 of that Act (offences) apply accordingly.
to a direction under section 19 of that Act as applied by this section;
to a direction discharging or varying such a direction.
In this section “criminal behaviour order proceedings” means proceedings in a magistrates’ court or the Crown Court so far as relating to the issue whether to make a criminal behaviour order.
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The Secretary of State may issue guidance to— about the exercise of their functions under this Part.
chief officers of police, and
the councils mentioned in section 29(2),
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued or revised under this section to be published.
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The repeal or amendment by this Act of provisions about any of the orders specified in subsection (2) does not—
prevent an order specified in that subsection from being made in connection with criminal proceedings begun before the commencement day;
apply in relation to an order specified in that subsection which is made in connection with criminal proceedings begun before that day;
apply in relation to anything done in connection with such an order.
The orders are—
an order under section 1C of the Crime and Disorder Act 1998 (orders on conviction in criminal proceedings);
an individual support order under section 1AA of that Act made in connection with an order under section 1C of that Act;
a drinking banning order under section 6 of the Violent Crime Reduction Act 2006 (orders on conviction in criminal proceedings).
As from the commencement day there may be no variation of an order specified in subsection (2) that extends the period of the order or of any provision of the order.
At the end of the period of 5 years beginning with the commencement day— This Part, as it applies by virtue of paragraph (a), has effect with any necessary modifications (and with any modifications specified in an order under section 185(7)).
this Part has effect in relation to any order specified in subsection (2) that is still in force as if the provisions of the order were provisions of a criminal behaviour order;
subsections (1) to (3) cease to have effect.
In deciding whether to make a criminal behaviour order a court may take account of conduct occurring up to 1 year before the commencement day.
In this section “commencement day” means the day on which this Part comes into force.
A police officer of at least the rank of inspector may authorise the use in a specified locality, during a specified period of not more than 48 hours, of the powers given by section 35. “Specified” means specified in the authorisation.
An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of—
members of the public in the locality being harassed, alarmed or distressed, or
the occurrence in the locality of crime or disorder.
In deciding whether to give such an authorisation an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention. “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
An authorisation under this section—
must be in writing,
must be signed by the officer giving it, and
must specify the grounds on which it is given.
If the conditions in subsections (2) and (3) are met and an authorisation is in force under section 34, a constable in uniform may direct a person who is in a public place in the locality specified in the authorisation—
to leave the locality (or part of the locality), and
not to return to the locality (or part of the locality) for the period specified in the direction (“the exclusion period”).
The first condition is that the constable has reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to—
members of the public in the locality being harassed, alarmed or distressed, or
the occurrence in the locality of crime or disorder.
The second condition is that the constable considers that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of the events mentioned in subsection (2)(a) or (b).
The exclusion period may not exceed 48 hours. The period may expire after (as long as it begins during) the period specified in the authorisation under section 34.
A direction under this section—
must be given in writing, unless that is not reasonably practicable;
must specify the area to which it relates;
may impose requirements as to the time by which the person must leave the area and the manner in which the person must do so (including the route).
The constable must (unless it is not reasonably practicable) tell the person to whom the direction is given that failing without reasonable excuse to comply with the direction is an offence.
If the constable reasonably believes that the person to whom the direction is given is under the age of 16, the constable may remove the person to a place where the person lives or a place of safety.
Any constable may withdraw or vary a direction under this section; but a variation must not extend the duration of a direction beyond 48 hours from when it was first given.
Notice of a withdrawal or variation of a direction—
must be given to the person to whom the direction was given, unless that is not reasonably practicable, and
if given, must be given in writing unless that is not reasonably practicable.
In this section “public place” means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
In this Part “exclusion period” has the meaning given by subsection (1)(b).
A constable may not give a direction under section 35 to a person who appears to the constable to be under the age of 10.
A constable may not give a direction under section 35 that prevents the person to whom it is given having access to a place where the person lives.
A constable may not give a direction under section 35 that prevents the person to whom it is given attending at a place which the person is— at a time when the person is required or expected (as the case may be) to attend there.
required to attend for the purposes of the person's employment, or a contract of services to which the person is a party,
required to attend by an obligation imposed by or under an enactment or by the order of a court or tribunal, or
expected to attend for the purposes of education or training or for the purposes of receiving medical treatment,
A constable may not give a direction to a person under section 35 if the person is one of a group of persons who are—
engaged in conduct that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (peaceful picketing), or
taking part in a public procession of the kind mentioned in subsection (1) of section 11 of the Public Order Act 1986 in respect of which—
written notice has been given in accordance with that section, or
written notice is not required to be given as provided by subsections (1) and (2) of that section.
In deciding whether to give a direction under section 35 a constable must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention. “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
A constable who gives a person a direction under section 35 may also direct the person to surrender to the constable any item in the person's possession or control that the constable reasonably believes has been used or is likely to be used in behaviour that harasses, alarms or distresses members of the public.
A direction under this section must be given in writing, unless that is not reasonably practicable.
A constable who gives a person a direction under this section must (unless it is not reasonably practicable)—
tell the person that failing without reasonable excuse to comply with the direction is an offence, and
give the person information in writing about when and how the person may recover the surrendered item.
The surrendered item must not be returned to the person before the end of the exclusion period.
If after the end of that period the person asks for the item to be returned, it must be returned (unless there is power to retain it under another enactment).
But if it appears to a constable that the person is under the age of 16 and is not accompanied by a parent or other responsible adult, the item may be retained until the person is so accompanied.
If the person has not asked for the return of the item before the end of the period of 28 days beginning with the day on which the direction was given, the item may be destroyed or otherwise disposed of.
A constable who gives a direction under section 35 must make a record of—
the individual to whom the direction is given,
the time at which the direction is given, and
the terms of the direction (including in particular the area to which it relates and the exclusion period).
A constable who withdraws or varies a direction under section 35 must make a record of—
the time at which the direction is withdrawn or varied,
whether notice of the withdrawal or variation is given to the person to whom the direction was given and if it is, at what time, and
if the direction is varied, the terms of the variation.
A constable who gives a direction under section 37 must make a record of—
the individual to whom the direction is given,
the time at which the direction is given, and
the item to which the direction relates.
A person given a direction under section 35 who fails without reasonable excuse to comply with it commits an offence.
A person guilty of an offence under subsection (1) is liable on summary conviction—
to imprisonment for a period not exceeding 3 months, or
to a fine not exceeding level 4 on the standard scale,
A person given a direction under section 37 who fails without reasonable excuse to comply with it commits an offence.
A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 4 to the Police Reform Act 2002 (powers of community support officers) is amended as follows.
In paragraph 2(6), for paragraph (aa) there is substituted—.
For paragraph 4A of Schedule 4 there is substituted—
The Secretary of State may issue guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Part.
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued or revised under this section to be published.
The repeal by this Act of Part 4 of the Anti-social Behaviour Act 2003, and the repeal or amendment by this Act of provisions related to that Part, do not apply in relation to—
an authorisation given under section 30(2) of that Act before the commencement day, or
anything done in connection with such an authorisation.
The repeal by this Act of section 27 of the Violent Crime Reduction Act 2006, and the repeal or amendment by this Act of provisions related to that section, do not apply in relation to—
a direction given under that section before the commencement day, or
anything done in connection with such a direction.
In this section “commencement day” means the day on which this Part comes into force.
An authorised person may issue a community protection notice to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that—
the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality, and
the conduct is unreasonable.
In subsection (1) “authorised person” means a person on whom section 53 (or an enactment amended by that section) confers power to issue community protection notices.
A community protection notice is a notice that imposes any of the following requirements on the individual or body issued with it—
a requirement to stop doing specified things;
a requirement to do specified things;
a requirement to take reasonable steps to achieve specified results.
The only requirements that may be imposed are ones that are reasonable to impose in order—
to prevent the detrimental effect referred to in subsection (1) from continuing or recurring, or
to reduce that detrimental effect or to reduce the risk of its continuance or recurrence.
A person (A) may issue a community protection notice to an individual or body (B) only if—
B has been given a written warning that the notice will be issued unless B's conduct ceases to have the detrimental effect referred to in subsection (1), and
A is satisfied that, despite B having had enough time to deal with the matter, B's conduct is still having that effect.
A person issuing a community protection notice must before doing so inform any body or individual the person thinks appropriate.
A community protection notice must—
identify the conduct referred to in subsection (1);
explain the effect of sections 46 to 51.
A community protection notice may specify periods within which, or times by which, requirements within subsection (3)(b) or (c) are to be complied with.
Conduct on, or affecting, premises (other than premises within subsection (2)) that a particular person— is treated for the purposes of section 43 as conduct of that person.
owns,
leases,
occupies,
controls,
operates, or
maintains,
Conduct on, or affecting, premises occupied for the purposes of a government department is treated for the purposes of section 43 as conduct of the Minister in charge of that department.
This section does not treat an individual's conduct as that of another person if that person cannot reasonably be expected to control or affect it.
This section applies where—
an authorised person has power to issue a community protection notice,
the detrimental effect referred to in section 43(1) arises from the condition of premises or the use to which premises have been put, and
the authorised person has made reasonable enquiries to find out the name or proper address of the occupier of the premises (or, if the premises are unoccupied, the owner) but without success.
The authorised person may—
post the community protection notice on the premises;
enter the premises, or other premises, to the extent reasonably necessary for that purpose.
The community protection notice is treated as having been issued to the occupier of the premises (or, if the premises are unoccupied, the owner) at the time the notice is posted.
In this section “authorised person” has the same meaning as in section 43(1).
A person issued with a community protection notice may appeal to a magistrates' court against the notice on any of the following grounds.
That the conduct specified in the community protection notice—
did not take place,
has not had a detrimental effect on the quality of life of those in the locality,
has not been of a persistent or continuing nature,
is not unreasonable, or
is conduct that the person cannot reasonably be expected to control or affect.
That any of the requirements in the notice, or any of the periods within which or times by which they are to be complied with, are unreasonable.
That there is a material defect or error in, or in connection with, the notice.
That the notice was issued to the wrong person.
An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.
While an appeal against a community protection notice is in progress— For this purpose an appeal is “in progress” until it is finally determined or is withdrawn.
a requirement imposed by the notice to stop doing specified things remains in effect, unless the court orders otherwise, but
any other requirement imposed by the notice is of no effect.
A magistrates' court hearing an appeal against a community protection notice must—
quash the notice,
modify the notice (for example by extending a period specified in it), or
dismiss the appeal.
Where a person issued with a community protection notice (“the defaulter”) fails to comply with a requirement of the notice, the relevant local authority may take action under subsection (2) or subsection (3) (or both).
The relevant local authority may have work carried out to ensure that the failure is remedied, but only on land that is open to the air.
As regards premises other than land open to the air, if the relevant local authority issues the defaulter with a notice— the authority may have the work carried out if the necessary consent is given.
specifying work it intends to have carried out to ensure that the failure is remedied,
specifying the estimated cost of the work, and
inviting the defaulter to consent to the work being carried out,
In subsection (3) “the necessary consent” means the consent of— Paragraph (b) does not apply where the relevant authority has made reasonable efforts to contact the owner of the premises but without success.
the defaulter, and
the owner of the premises on which the work is to be carried out (if that is not the defaulter).
A person authorised by a local authority to carry out work under this section may enter any premises to the extent reasonably necessary for that purpose, except that a person who is only authorised to carry out work under subsection (2) may only enter land that is open to the air.
If work is carried out under subsection (2) or (3) and the relevant local authority issues a notice to the defaulter— the defaulter is liable to the authority for that amount (subject to the outcome of any appeal under subsection (7)).
giving details of the work that was carried out, and
specifying an amount that is no more than the cost to the authority of having the work carried out,
A person issued with a notice under subsection (6) may appeal to a magistrates' court, within the period of 21 days beginning with the day on which the notice was issued, on the ground that the amount specified under subsection (6)(b) is excessive.
A magistrates' court hearing an appeal under subsection (7) must—
confirm the amount, or
substitute a lower amount.
In this section “the relevant local authority” means—
the local authority that issued the community protection notice;
if the community protection notice was not issued by a local authority, the local authority (or, as the case may be, one of the local authorities) that could have issued it.
A person issued with a community protection notice who fails to comply with it commits an offence.
A person guilty of an offence under this section is liable on summary conviction—
to a fine not exceeding level 4 on the standard scale, in the case of an individual;
to a fine, in the case of a body.
A person does not commit an offence under this section if—
the person took all reasonable steps to comply with the notice, or
there is some other reasonable excuse for the failure to comply with it.
A court before which a person is convicted of an offence under section 48 in respect of a community protection notice may make whatever order the court thinks appropriate for ensuring that what the notice requires to be done is done.
An order under this section may in particular require the defendant—
to carry out specified work, or
to allow specified work to be carried out by or on behalf of a specified local authority.
To be specified under subsection (2)(b) a local authority must be—
the local authority that issued the community protection notice;
if the community protection notice was not issued by a local authority, the local authority (or, as the case may be, one of the local authorities) that could have issued it.
A requirement imposed under subsection (2)(b) does not authorise the person carrying out the work to enter the defendant's home without the defendant's consent. But this does not prevent a defendant who fails to give that consent from being in breach of the court's order.
In subsection (4) “the defendant's home” means the house, flat, vehicle or other accommodation where the defendant—
usually lives, or
is living at the time when the work is or would be carried out.
If work is carried out under subsection (2)(b) and the local authority specified under that subsection issues a notice to the defaulter— the defaulter is liable to the authority for that amount (subject to the outcome of any appeal under subsection (7)).
giving details of the work that was carried out, and
specifying an amount that is no more than the cost to the authority of having the work carried out,
A person issued with a notice under subsection (6) may appeal to a magistrates' court, within the period of 21 days beginning with the day on which the notice was issued, on the ground that the amount specified under subsection (6)(b) is excessive.
A magistrates' court hearing an appeal under subsection (7) must—
confirm the amount, or
substitute a lower amount.
A court before which a person is convicted of an offence under section 48 may order the forfeiture of any item that was used in the commission of the offence.
An order under this section may require a person in possession of the item to hand it over as soon as reasonably practicable—
to a constable, or
to a person employed by a local authority or designated by a local authority under section 53(1)(c).
An order under this section may require the item—
to be destroyed, or
to be disposed of in whatever way the order specifies.
Where an item ordered to be forfeited under this section is kept by or handed over to a constable, the police force of which the constable is a member must ensure that arrangements are made for its destruction or disposal, either—
in accordance with the order, or
if no arrangements are specified in the order, in whatever way seems appropriate to the police force.
Where an item ordered to be forfeited under this section is kept by or handed over to a person within subsection (2)(b), the local authority by whom the person is employed or was designated must ensure that arrangements are made for its destruction or disposal, either—
in accordance with the order, or
if no arrangements are specified in the order, in whatever way seems appropriate to the local authority.
If a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting— the justice may issue a warrant authorising any constable or designated person to enter the premises within 14 days from the date of issue of the warrant to seize the item.
that an offence under section 48 has been committed, and
that there is an item used in the commission of the offence on premises specified in the information,
In this section “designated person” means a person designated by a local authority under section 53(1)(c).
A constable or designated person may use reasonable force, if necessary, in executing a warrant under this section.
A constable or designated person who has seized an item under a warrant under this section—
may retain the item until any relevant criminal proceedings have been finally determined, if such proceedings are started before the end of the period of 28 days following the day on which the item was seized;
otherwise, must before the end of that period return the item to the person from whom it was seized.
In subsection (4) “relevant criminal proceedings” means proceedings for an offence under section 48 in the commission of which the item is alleged to have been used.
An authorised person may issue a fixed penalty notice to anyone who that person has reason to believe has committed an offence under section 48.
In subsection (1) “authorised person” means a person on whom section 53 (or an enactment amended by that section) confers power to issue fixed penalty notices under this section.
A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to a local authority specified in the notice.
The local authority specified under subsection (3) must be—
the local authority that issued the community protection notice to which the fixed penalty notice relates;
if the community protection notice was not issued by a local authority, the local authority (or, as the case may be, one of the local authorities) that could have issued it.
Where a person is issued with a notice under this section in respect of an offence—
no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;
the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
A fixed penalty notice must—
give reasonably detailed particulars of the circumstances alleged to constitute the offence;
state the period during which (because of subsection (5)(a)) proceedings will not be taken for the offence;
specify the amount of the fixed penalty;
state the name and address of the person to whom the fixed penalty may be paid;
specify permissible methods of payment.
An amount specified under subsection (6)(c) must not be more than £100.
A fixed penalty notice may specify two amounts under subsection (6)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.
Whatever other method may be specified under subsection (6)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under subsection (6)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
Where a letter is sent as mentioned in subsection (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
In any proceedings, a certificate that— is evidence of the facts stated.
purports to be signed by or on behalf of the chief finance officer of the local authority concerned, and
states that payment of a fixed penalty was, or was not, received by the dated specified in the certificate,
In this section “chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs.
A community protection notice or a fixed penalty notice may be issued by—
a constable;
the relevant local authority (see subsections (2) and (3));
a person designated by the relevant local authority for the purposes of this section.
For a community protection notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the conduct specified in the notice has, according to the notice, been taking place.
For a fixed penalty notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the offence in question is alleged to have taken place.
Only a person of a description specified in an order made by the Secretary of State for the purposes of subsection (1)(c) may be designated under that subsection.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A local authority exercising or purporting to exercise a power under section 47(2) is not liable to an occupier or owner of land for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of that power.
A person carrying out work under section 47(2), or a person by or on whose behalf work is carried out under section 49(2)(b), is not liable to an occupier or owner of land for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in carrying out that work.
Subsections (1) and (2) do not apply—
to an act or omission shown to have been in bad faith, or
to liability arising out of a failure to exercise due care and attention.
Subsections (1) and (2) do not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
This section does not affect any other exemption from liability (whether at common law or otherwise).
A notice under this Chapter may be issued to a person by—
handing it to the person,
leaving it at the person's proper address, or
sending it by post to the person at that address.
A notice under this Chapter to a body corporate may be issued to the secretary or clerk of that body.
A notice under this Chapter to a partnership may be issued to a partner or a person who has the control or management of the partnership business.
For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person's last known address, except that—
in the case of a body corporate or its secretary or clerk, it is the address of the body's registered or principal office;
in the case of a partnership or person having the control or the management of the partnership business, it is the principal office of the partnership.
For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.
If a person has specified an address in the United Kingdom, other than the person's proper address within the meaning of subsection (4), as the one at which the person or someone on the person's behalf will accept notices of the same description as a notice under this Chapter, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person's proper address.
The Secretary of State may issue—
guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Chapter;
guidance to local authorities about the exercise of their functions under this Chapter and those of persons designated under section 53(1)(c).
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued or revised under this section to be published.
In this Chapter—
the council of a county so far as it is the council for an area for which there are no district councils,
“old order” means—
The judge or the court may remand the person— But a person aged under 18 may not be remanded in custody unless paragraph 6 applies. A reference in this Schedule to remanding a person in custody is a reference to committing the person to custody to be brought before the court at the end of the period of remand or at whatever earlier time the court may require. The judge or the court may remand the person on bail— Where a person is brought before the court after remand, the court may further remand the person.
Where under paragraph 2(3)(b) the court fixes the amount in which the principal and the sureties, if any, are to be bound, the recognizance may afterwards be taken by a person prescribed by rules of court, with the same consequences as if it had been entered into before the court.
A youth court, if satisfied beyond reasonable doubt that a person aged under 18 is in breach of a provision of an injunction under section 1 to which he or she is subject, may make in respect of the person— An order under sub-paragraph (1) may be made only on the application of the person who applied for the injunction. A person making an application for an order under sub-paragraph (1) must before doing so— In considering whether and how to exercise its powers under this paragraph, the court must consider any representations made by the youth offending team referred to in sub-paragraph (3)(a). A detention order may not be made under sub-paragraph (1) in respect of a person aged under 14. The court may not make a detention order under sub-paragraph (1) unless it is satisfied that, in view of the severity or extent of the breach, no other power available to the court is appropriate.
A constable may exercise any of the powers under this paragraph, at a place that is not a port, in the case of a person whom the constable reasonably believes to be in possession of a passport to which this paragraph applies. This paragraph applies to a passport if— The powers are— The power under sub-paragraph (3)(b) is a power to search— A constable—
The following provisions of the Crime and Disorder Act 1998 are repealed—
sections 1 to 1K (anti-social behaviour orders etc);
section 4 (appeals against orders);
section 8A (parenting orders on breach of anti-social behaviour order).
Where a person is remanded on bail, the judge or the court may direct that the person's recognizance be conditioned for his or her appearance— Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of a time for the person next to appear is to be treated as a remand. Nothing in this paragraph affects the power of the court at any subsequent hearing to remand the person afresh.
Section 8 of that Act (parenting orders) is amended as follows. In subsection (1)(b), for “an anti-social behaviour order or” there is substituted “an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, an order is made under section 22 of that Act or a”. In subsection (1)(c) the words “, except in a case where section 8A below applies (parenting order on breach of anti-social behaviour order)” are omitted. In subsection (6)(a), for the words after “behaviour which led to” there is substituted “the order being made or the injunction granted”.
The judge or the court may not remand a person for a period exceeding 8 clear days unless— Where the judge or the court has power to remand a person in custody, the person may be committed to the custody of a constable if the remand is for a period not exceeding 3 clear days.
Section 9 of that Act (parenting orders: supplemental) is amended as follows. In subsection (1) the words “, other than an offence under section 1(10) above in respect of an anti-social behaviour order,” are omitted. In subsection (1B)— In subsection (2)— Subsection (2AA) is repealed.
Section 18 of that Act (interpretation etc) is amended as follows. In subsection (1)— In subsection (4)—
In section 38 of that Act (local provision of youth justice services), in subsection (4)(f) the words “individual support orders,” are omitted.
In section 114 of that Act (orders and regulations), in subsection (2) “(1A), (1G)” is omitted.
Sections 129A to 129G of the Highways Act 1980 (restriction of rights over highway) are repealed.
Section 82A of the Housing Act 1985 (demotion because of anti-social behaviour) is amended as follows. In subsection (4)(a), for sub-paragraphs (i) and (ii) there is substituted—. For subsection (7A) there is substituted—
In the Housing Act 1996, sections 153A to 158 and Schedule 15 (injunctions against housing-related anti-social behaviour) are repealed.
Section 50 of the Police Reform Act 2002 (power of constable to require person acting in an anti-social manner to give name and address) is amended as follows. In subsection (1) the words “(within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)” are omitted. After that subsection there is inserted—
Sections 55 to 64, 66 and 67 of the Clean Neighbourhoods and Environment Act 2005 are repealed.
“NHS body” has the meaning given in section 275 of the National Health Service Act 2006;
Sections 104 to 122 (sexual offences prevention orders and foreign travel orders) are repealed. This paragraph extends only to England and Wales.
After section 136 there is inserted—
An examining officer may exercise any of the powers under this paragraph in the case of a person at a port whom the officer believes to be there in connection with— The powers are— The power under sub-paragraph (2)(b) is a power to search— An examining officer—
A person who is required under paragraph 2(2)(a) or 3(3)(a) to hand over all travel documents in the person’s possession commits an offence if he or she fails without reasonable excuse to do so. A person who intentionally obstructs, or seeks to frustrate, a search under paragraph 2 or 3 commits an offence. A person guilty of an offence under this paragraph is liable on summary conviction— or to both.
An examining officer, other than a constable, exercising a power under paragraph 2 has the same powers of arrest without warrant as a constable in relation to an offence under—
paragraph 5, or
section 4 or 6 of the Identity Documents Act 2010.
Section 83 of that Act (proceedings for possession or termination: notice requirements) is amended as follows. In the heading, after “termination:” there is inserted “general”. Before subsection (1) there is inserted— In subsection (1), for the words from “proceedings for” to “tenancy),” there is substituted “proceedings to which this section applies”.
In section 218A of that Act (anti-social behaviour: landlords’ policies and procedures), for subsections (8) and (8A) there is substituted—
In Part 1 of Schedule 4 to that Act (powers exercisable by community support officers), paragraph 1(2)(e) (powers to issue fixed penalty notices in respect of offences under dog control orders) and the word “and” before it are omitted.
Section 83A of that Act (additional requirements in relation to certain proceedings for possession) is amended as follows. In subsection (2)(a), after “83” there is inserted “or 83ZA”. In subsection (2)(b), for “subsection (4)(a) of that section” there is substituted “section 83(4)(a) or section 83ZA(9)(a)”. In subsection (3)(a), after “83” there is inserted “or 83ZA”. In subsection (4)(a), after “83” there is inserted “or 83ZA”. In subsection (5)—
In Schedule 5 to that Act (powers exercisable by accredited persons), in paragraph 1(2), paragraph (d) and the word “and” before it are omitted.
Section 84 of that Act (grounds and orders for possession) is amended as follows. In subsection (1), after “in accordance with” there is inserted “section 84A (absolute ground for possession for anti-social behaviour) or”. In subsection (2)(a), for “that Schedule” there is substituted “Schedule 2”. In subsection (3)—
In the heading of section 85A of that Act (proceedings for possession: anti-social behaviour) after “possession” there is inserted “on non-absolute grounds”.
Section 121A of that Act (order suspending right to buy because of anti-social behaviour) is amended as follows. In subsection (3)(a), for sub-paragraphs (i) and (ii) there is substituted—. In subsection (7)(a), for sub-paragraphs (i) and (ii) there is substituted—. For subsection (10) there is substituted—
In Schedule 1 to that Act (tenancies which are not secure tenancies), paragraph 4ZA (family intervention tenancies) is amended as follows. In sub-paragraph (3)(a)— In sub-paragraph (12), after the definition of “the new tenant” there is inserted—.
In Part 5 of Schedule 2 to that Act (approval of redevelopment schemes for purposes of Ground 10A), in paragraph 5(3), after “83” there is inserted “or 83ZA”.
In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2, after “83” there is inserted “or 83ZA”.
In that Schedule, Ground 2A is amended as follows. In paragraph (a), for “or suspended Ground 2 or 14 possession order” there is substituted “, a suspended anti-social behaviour possession order or a suspended riot-related possession order”. In paragraph (b), for “or a Ground 2 or 14 possession order” there is substituted “, an anti-social behaviour possession order or a riot-related possession order”. In the definition of “relevant order”— After the definition of “relevant order” there is inserted— After the definition of “demotion order” there is inserted— The definition of a “Ground 2 or 14 possession order” is omitted.
Ground 2B The dwelling-house is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.
“dwelling” means a building or part of a building occupied, or intended to be occupied, as a separate dwelling;
Sections 161 to 166 of the Licensing Act 2003 (closure orders of identified premises) are repealed.
In Schedule 7 to the Government of Wales Act 2006 (legislative competence of Welsh Assembly), in the list of exceptions in paragraph 12, for “Anti-social behaviour orders” there is substituted “Orders to protect people from behaviour that causes or is likely to cause harassment, alarm or distress”.
In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies under section 158 of that Act), paragraph 6 (Ground 6) is amended as follows. In sub-paragraph (2), for “or suspended Ground 2 or 14 possession order” there is substituted “, a suspended anti-social behaviour possession order or a suspended riot-related possession order”. In sub-paragraph (3), for “or a Ground 2 or 14 possession order” there is substituted “, an anti-social behaviour possession order or a riot-related possession order”. In sub-paragraph (4), in the definition of “relevant order”— After the definition of “relevant order” in that sub-paragraph there is inserted— After the definition of “demotion order” in that sub-paragraph there is inserted— The definition of “Ground 2 or 14 possession order” in that sub-paragraph is omitted.
Section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (offence: breach of RSHO or interim RSHO) is amended as follows. In the heading, after “interim RSHO” there is inserted “etc”. In subsection (2), after “an order made under” there is inserted “section 122A or 122E or”.
Section 17 of the Armed Forces Act 2011 (service sexual offences prevention orders) is repealed. In Schedule 4 to that Act (consequential amendments), paragraph 3(3) is repealed.
Section 167 of that Act (review of premise licence following closure order) is amended as follows. In subsection (1)(a), for “a closure order has come into force” there is substituted “a magistrates’ court has made a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown Court has made a closure order on appeal under section 84 of that Act,”. In subsection (1)(b), for the words after “the relevant licensing authority has” there is substituted “accordingly received a notice under section 80(9) or 84(7) of that Act”. In subsection (4)(a), for the words after “notice of” there is substituted “the review and of the order mentioned in subsection (1)(a)”. In subsection (5)(a), for the words after “to consider” there is substituted “the order mentioned in subsection (1)(a) and any relevant representations;”.
After paragraph 6 of that Schedule there is inserted—
Section 8 of that Act (effect of conviction etc under section 7 of that Act or section 128 of the Sexual Offences Act 2003) is amended as follows. In the heading, after “or section” there is inserted “122H or”. In subsection (1)(a), for the words after “an offence under section 7 above” there is substituted “, section 122H of the 2003 Act (breach of sexual risk order or interim sexual risk order in England and Wales) or section 128 of that Act (breach of risk of sexual harm order or interim risk of sexual harm order in Northern Ireland)”. In subsection (1)(b), after “an offence under section” there is inserted “122H or”. In the definition of “relevant order” in subsection (5)—
In section 168 of that Act (provisions about decisions under section 167), in subsections (3)(b) and (6)(b), for the words after “the premises to which the licence relates” there is substituted “are closed at the time of the decision by virtue of an closure order made under section 80 or 84 of the Anti-social Behaviour, Crime and Policing Act 2014”.
Section 169 of that Act (enforcement of closure order) is repealed.
Section 170 of that Act (exemption of police from liability for damages) is amended as follows. In subsection (1) the words “of his functions in relation to a closure order or any extension of it or” are omitted. Paragraph (b) of subsection (2) is omitted.
Section 171 of that Act (interpretation of Part 8) is amended as follows. In subsection (2), for “Relevant premises” there is substituted “Premises”. In subsection (3) the word “relevant” is omitted. In subsection (5)—
In Schedule 3 to that Act (matters to be entered in licensing register), for the words after “any notice given to it under” in paragraph (z) there is substituted “section 80(9) or 84(7) of the Anti-social Behaviour, Crime and Policing Act 2014 (notification by court of closure order)”.
The repeal or amendment by this Act of provisions about any of the notices specified in subsection (2) does not apply in relation to—
a notice specified in that subsection served before the commencement day;
anything done in connection with such a notice.
The notices are—
a litter abatement notice under section 92 of the Environmental Protection Act 1990;
a litter clearing notice under section 92A of that Act;
a street litter control notice under section 93 of that Act;
a defacement removal notice under section 48 of the Anti-social Behaviour Act 2003.
A community protection notice that contains no requirement that could not have been contained in one of the notices specified in subsection (2) may be issued in respect of conduct before the commencement day.
Subsection (3) applies only during the period of 3 months beginning with the commencement day.
In this section “commencement day” means the day on which this Chapter comes into force.
A local authority may make a public spaces protection order if satisfied on reasonable grounds that two conditions are met.
The first condition is that—
activities carried on in a public place within the authority's area have had a detrimental effect on the quality of life of those in the locality, or
it is likely that activities will be carried on in a public place within that area and that they will have such an effect.
The second condition is that the effect, or likely effect, of the activities—
is, or is likely to be, of a persistent or continuing nature,
is, or is likely to be, such as to make the activities unreasonable, and
justifies the restrictions imposed by the notice.
A public spaces protection order is an order that identifies the public place referred to in subsection (2) (“the restricted area”) and—
prohibits specified things being done in the restricted area,
requires specified things to be done by persons carrying on specified activities in that area, or
does both of those things.
The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—
to prevent the detrimental effect referred to in subsection (2) from continuing, occurring or recurring, or
to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence.
A prohibition or requirement may be framed—
so as to apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories;
so as to apply at all times, or only at specified times, or at all times except those specified;
so as to apply in all circumstances, or only in specified circumstances, or in all circumstances except those specified.
A public spaces protection order must—
identify the activities referred to in subsection (2);
explain the effect of section 63 (where it applies) and section 67;
specify the period for which the order has effect.
A public spaces protection order must be published in accordance with regulations made by the Secretary of State.
A public spaces protection order may not have effect for a period of more than 3 years, unless extended under this section.
Before the time when a public spaces protection order is due to expire, the local authority that made the order may extend the period for which it has effect if satisfied on reasonable grounds that doing so is necessary to prevent—
occurrence or recurrence after that time of the activities identified in the order, or
an increase in the frequency or seriousness of those activities after that time.
An extension under this section—
may not be for a period of more than 3 years;
must be published in accordance with regulations made by the Secretary of State.
A public spaces protection order may be extended under this section more than once.
A local authority may make an expedited public spaces protection order (an “expedited order”) in relation to a public place within the local authority’s area if satisfied on reasonable grounds that three conditions are met.
The first condition is that the public place is in the vicinity of— The reference in paragraph (b)(i) to arrangements includes arrangements made by the NHS body in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006.
a school in the local authority’s area, or
a site in the local authority’s area where, or from which—
vaccines are provided to members of the public by, or pursuant to arrangements with, an NHS body, or
test and trace services are provided.
The second condition is that activities carried on, or likely to be carried on, in the public place by one or more individuals in the course of a protest or demonstration have had, or are likely to have, the effect of—
harassing or intimidating members of staff or volunteers at the school or site,
harassing or intimidating persons using the services of the school or site,
impeding the provision of services by staff or volunteers at the school or site, or
impeding access by persons seeking to use the services of the school or site.
The third condition is that the effect or likely effect mentioned in subsection (3)—
is, or is likely to be, of a persistent or continuing nature,
is, or is likely to be, such as to make the activities unreasonable, and
justifies the restrictions imposed by the order.
An expedited order is an order that identifies the public place referred to in subsection (1) (“the restricted area”) and—
prohibits specified things being done in the restricted area,
requires specified things to be done by persons carrying on specified activities in that area, or
does both of those things.
The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—
to prevent the harassment, intimidation or impediment referred to in subsection (3) from continuing, occurring or recurring, or
to reduce that harassment, intimidation or impediment or to reduce the risk of its continuance, occurrence or recurrence.
A prohibition or requirement may be framed—
so as to apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories;
so as to apply at all times, or only at specified times, or at all times except those specified;
so as to apply in all circumstances, or only in specified circumstances, or in all circumstances except those specified.
An expedited order must—
identify the activities referred to in subsection (3);
explain the effect of section 63 (where it applies) and section 67;
specify the period for which the order has effect.
An expedited order may not be made in relation to a public place if that place (or any part of it) is or has been the subject of an expedited order (“the earlier order”), unless the period specified in subsection (11) has expired.
In subsection (9) the second reference to “an expedited order” is to be read as including a reference to a public spaces protection order (made after the day on which this section comes into force) which neither prohibited nor required anything that could not have been prohibited or required by an expedited order.
The period specified in this subsection is the period of a year beginning with the day on which the earlier order ceased to have effect.
An expedited order must be published in accordance with regulations made by the Secretary of State.
For the purposes of subsection (2), a public place that is coextensive with, includes, or is wholly or partly within, a school or site is regarded as being “in the vicinity of” that school or site.
In this section references to a “school” are to be read as including a 16 to 19 Academy.
In this section “test and trace services” means—
in relation to England, services of the programme known as NHS Test and Trace;
in relation to Wales, services of the programme known as Test, Trace, Protect.
Where a public spaces protection order or expedited order is in force, the local authority that made the order may vary it—
by increasing or reducing the restricted area;
by altering or removing a prohibition or requirement included in the order, or adding a new one.
A local authority may under subsection (1)(a) make a variation to a public spaces protection order that results in the order applying to an area to which it did not previously apply only if the conditions in section 59(2) and (3) are met as regards activities in that area.
A local authority may make a variation under subsection (1)(b) that makes a prohibition or requirement more extensive, or adds a new one, only if the prohibitions and requirements imposed by the order as varied are ones that section 59(5) or 59A(6) (as the case may be) allows to be imposed.
A local authority may under subsection (1)(a) make a variation to an expedited order that results in the order applying to an area to which it did not previously apply only if the conditions in section 59A(2) to (4) are met as regards that area.
A public spaces protection order or expedited order may be discharged by the local authority that made it.
Where an order is varied, the order as varied must be published in accordance with regulations made by the Secretary of State.
Where an order is discharged, a notice identifying the order and stating the date when it ceases to have effect must be published in accordance with regulations made by the Secretary of State.
An expedited order may not have effect for a period of more than 6 months.
Subject to subsection (1), the local authority that made an expedited order may, before the time when the order is due to expire, extend the period for which the order has effect if satisfied on reasonable grounds that doing so is necessary to prevent—
occurrence or recurrence after that time of the activities identified in the order, or
an increase in the frequency or seriousness of those activities after that time.
Where a local authority has made an expedited order, the authority may, at any time before the order is due to expire, reduce the period for which the order is to have effect if satisfied on reasonable grounds that the reduced period will be sufficient having regard to the degree of risk of an occurrence, recurrence or increase such as is mentioned in subsection (2)(a) or (b).
An extension or reduction under this section of the period for which an order has effect must be published in accordance with regulations made by the Secretary of State.
An expedited order may be extended or reduced under this section more than once.
A prohibition in a public spaces protection order or expedited order on consuming alcohol does not apply to—
premises (other than council-operated licensed premises) authorised by a premises licence to be used for the supply of alcohol;
premises authorised by a club premises certificate to be used by the club for the supply of alcohol;
a place within the curtilage of premises within paragraph (a) or (b);
premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the 30 minutes before that time;
a place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (highway-related uses) or by virtue of a pavement licence under section 1 of the Business and Planning Act 2020.
A prohibition in a public spaces protection order or an expedited order on consuming alcohol does not apply to council-operated licensed premises—
when the premises are being used for the supply of alcohol, or
within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol.
In this section—
“premises licence” has the meaning given by section 11 of the Licensing Act 2003;
In the Environmental Protection Act 1990, sections 92 to 94A (litter abatement notices, litter clearing notices and street litter control notices) are repealed.
Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid for civil legal services) is amended as follows. In paragraph 36 of Part 1 (anti-social behaviour), in sub-paragraph (1), for the words after “in relation to” there is substituted “an application for, or proceedings in respect of, an injunction against the individual under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014.” In paragraph 7 of Part 3 (certain advocacy services in a magistrates’ court excepted from the advocacy exclusion), for “and 15 to 18” there is substituted “, 15 to 18 and 36”.
the owner or occupier of land within the restricted area;
Section 8 of the Crime and Disorder Act 1998 (parenting orders) is amended as follows. For “sexual offences prevention order” there is substituted “sexual harm prevention order”— For subsection (9) there is substituted—
In section 137 of the Police Act 1997 (extent), in subsection (2) (provisions extending to England and Wales only), after “sections” in paragraph (e) there is inserted “125(1A),”.
Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended as follows. In subsection (1), in the definition of “serving with the police”, for “12(7)” there is substituted “12(7) to (10)”. In subsection (1A), for “12(7)” there is substituted “12(7) to (10)”.
In section 39 (police powers for contracted-out staff), subsections (9) to (11) are repealed.
Schedule 3 to that Act (handling of complaints and conduct matters etc) is amended as follows. In paragraph 19, after paragraph (a) of sub-paragraph (7) there is inserted—. In paragraph 20A(4), at the end there is inserted “, but this is subject to paragraph 19ZD (restriction on disclosure of sensitive information)”. In paragraph 20C(4)— In paragraph 20H(5)— In paragraph 23(12)— In paragraph 24A(3), after “a report” there is inserted “to the Commission”. In paragraph 24C— In paragraph 27—
For the purposes of this section, premises are “council-operated licensed premises” if they are authorised by a premises licence to be used for the supply of alcohol and—
the licence is held by a local authority in whose area the premises (or part of the premises) are situated, or
the licence is held by another person but the premises are occupied by a local authority or are managed by or on behalf of a local authority.
This section applies where a constable or an authorised person reasonably believes that a person (P)— In this section “authorised person” means a person authorised for the purposes of this section by the local authority that made the ... order (or authorised by virtue of section 69(1)).
is or has been consuming alcohol in breach of a prohibition in a public spaces protection order or an expedited order, or
intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition.
The constable or authorised person may require P—
not to consume, in breach of the order, alcohol or anything which the constable or authorised person reasonably believes to be alcohol;
to surrender anything in P's possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol.
A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence.
A requirement imposed by an authorised person under subsection (2) is not valid if the person—
is asked by P to show evidence of his or her authorisation, and
fails to do so.
A constable or an authorised person may dispose of anything surrendered under subsection (2)(b) in whatever way he or she thinks appropriate.
A person who fails without reasonable excuse to comply with a requirement imposed on him or her under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
A local authority may not make a public spaces protection order or expedited order that restricts the public right of way over a highway without considering—
the likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway;
the likely effect of making the order on other persons in the locality;
in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.
To take the “prior consultation steps” in relation to an order means to— In this subsection “potentially affected persons” means occupiers of premises adjacent to or adjoining the highway, and any other persons in the locality who are likely to be affected by the proposed order.
notify potentially affected persons of the proposed order,
inform those persons how they can see a copy of the proposed order,
notify those persons of the period within which they may make representations about the proposed order, and
consider any representations made.
Before making a public spaces protection order that restricts the public right of way over a highway, a local authority must take the prior consultation steps (see subsection (2)).
Before a local authority makes a public spaces protection order restricting the public right of way over a highway that is also within the area of another local authority, it must consult that other authority if it thinks it appropriate to do so.
A local authority may not make an expedited order that restricts the public right of way over a highway unless it—
takes the prior consultation steps before making the order, or
takes the subsequent consultation steps (see subsection (2A)) as soon as reasonably practicable after making the order.
A public spaces protection order or expedited order may not restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway.
A public spaces protection order or expedited order may not restrict the public right of way over a highway that is the only or principal means of access to a dwelling.
To take the “subsequent consultation steps” in relation to an expedited order means to— The definition of “potentially affected persons” in subsection (2) applies to this subsection as if the reference there to “the proposed order” were to “the order”.
notify potentially affected persons of the order,
invite those persons to make representations within a specified period about the terms and effects of the order,
inform those persons how they can see a copy of the order, and
consider any representations made.
In relation to a highway that is the only or principal means of access to premises used for business or recreational purposes, a public spaces protection order or expedited order may not restrict the public right of way over the highway during periods when the premises are normally used for those purposes.
A public spaces protection order or expedited order that restricts the public right of way over a highway may authorise the installation, operation and maintenance of a barrier or barriers for enforcing the restriction.
Where a local authority proposes to make an expedited order restricting the public right of way over a highway that is also within the area of another local authority it must, if it thinks appropriate to do so, consult that other authority before, or as soon as reasonably practicable after, making the order.
A local authority may install, operate and maintain barriers authorised under subsection (7).
A highway over which the public right of way is restricted by a public spaces protection order or expedited order does not cease to be regarded as a highway by reason of the restriction (or by reason of any barrier authorised under subsection (7)).
In this section—
A public spaces protection order or an expedited order may not restrict the public right of way over a highway that is—
a special road;
a trunk road;
a classified or principal road;
a strategic road;
a highway in England of a description prescribed by regulations made by the Secretary of State;
a highway in Wales of a description prescribed by regulations made by the Welsh Ministers.
In this section— “classified road”, “special road” and “trunk road” have the meaning given by section 329(1) of the Highways Act 1980; “highway” has the meaning given by section 328 of that Act; “principal road” has the meaning given by section 12 of that Act (and see section 13 of that Act); “strategic road” has the meaning given by section 60(4) of the Traffic Management Act 2004.
An interested person may apply to the High Court to question the validity of— “Interested person” means an individual who lives in the restricted area or who regularly works in or visits that area.
a public spaces protection order or an expedited order, or
a variation of a public spaces protection order or an expedited order.
The grounds on which an application under this section may be made are—
that the local authority did not have power to make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied);
that a requirement under this Chapter was not complied with in relation to the order or variation.
An application under this section must be made within the period of 6 weeks beginning with the date on which the order or variation is made.
On an application under this section the High Court may by order suspend the operation of the order or variation, or any of the prohibitions or requirements imposed by the order (or by the order as varied), until the final determination of the proceedings.
If on an application under this section the High Court is satisfied that— the Court may quash the order or variation, or any of the prohibitions or requirements imposed by the order (or by the order as varied).
the local authority did not have power to make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied), or
the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement under this Chapter,
A public spaces protection order or an expedited order, or any of the prohibitions or requirements imposed by the order (or by the order as varied), may be suspended under subsection (4) or quashed under subsection (5)—
generally, or
so far as necessary for the protection of the interests of the applicant.
An interested person may not challenge the validity of a public spaces protection order or an expedited order, or of a variation of such an order, in any legal proceedings (either before or after it is made) except—
under this section, or
under subsection (3) of section 67 (where the interested person is charged with an offence under that section).
It is an offence for a person without reasonable excuse—
to do anything that the person is prohibited from doing by a public spaces protection order or an expedited order, or
to fail to comply with a requirement to which the person is subject under a public spaces protection order or an expedited order.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person does not commit an offence under this section by failing to comply with a prohibition or requirement that the local authority did not have power to include in the public spaces protection order or expedited order.
Consuming alcohol in breach of a public spaces protection order or an expedited order is not an offence under this section (but see section 63).
A constable or an authorised person may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 63 or 67 in relation to a public spaces protection order or an expedited order.
A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to a local authority specified in the notice.
The local authority specified under subsection (2) must be the one that made the public spaces protection order or expedited order.
Where a person is issued with a notice under this section in respect of an offence—
no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;
the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
A fixed penalty notice must—
give reasonably detailed particulars of the circumstances alleged to constitute the offence;
state the period during which (because of subsection (4)(a)) proceedings will not be taken for the offence;
specify the amount of the fixed penalty;
state the name and address of the person to whom the fixed penalty may be paid;
specify permissible methods of payment.
An amount specified under subsection (5)(c) must not be more than £100.
A fixed penalty notice may specify two amounts under subsection (5)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.
Whatever other method may be specified under subsection (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under subsection (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
Where a letter is sent as mentioned in subsection (8), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
In any proceedings, a certificate that— is evidence of the facts stated.
purports to be signed by or on behalf of the chief finance officer of the local authority concerned, and
states that payment of a fixed penalty was, or was not, received by the dated specified in the certificate,
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by community support officers), for paragraph 5 there is substituted—
In paragraph 1 of that Schedule (power of community support officers to issue fixed penalty notices), after paragraph (e) of sub-paragraph (2) there is inserted—
A byelaw that prohibits, by the creation of an offence, an activity regulated by a public spaces protection order or an expedited order is of no effect in relation to the restricted area during the currency of the order.
The Secretary of State may by order—
designate a person or body (other than a local authority) that has power to make byelaws in relation to particular land, and
specify land in England to which the power relates.
This Chapter has effect as if— But references in the rest of this section to a local authority are to a local authority that is not a designated person.
a person or body designated under subsection (1) (a “designated person”) were a local authority, and
land specified under that subsection were within its area.
The only prohibitions or requirements that may be imposed in a public spaces protection order or an expedited order made by a designated person are ones that it has power to impose (or would, but for section 70, have power to impose) by making a byelaw in respect of the restricted area.
A public spaces protection order or an expedited order made by a designated person may not include provision regulating, in relation to a particular public space, an activity that is already regulated in relation to that space by a public spaces protection order or an expedited order made by a local authority.
Where a public spaces protection order or an expedited order made by a local authority regulates, in relation to a particular public space, an activity that a public spaces protection order or an expedited order made by a designated person already regulates, the order made by the designated person ceases to have that effect.
If a person or body that may be designated under subsection (1)(a) gives a notice in writing under this subsection, in respect of land in relation to which it has power to make byelaws, to a local authority in whose area the land is situated—
no part of the land may form, or fall within, the restricted area of any public spaces protection order or expedited order made by the local authority;
if any part of the land— the order has ceases to have effect (where sub-paragraph (i) applies), or has effect as if the restricted area did not include the land in question (where sub-paragraph (ii) applies).
forms the restricted area of a public spaces protection order , or an expedited order, already made by the local authority, or
falls within such an area,
A local authority, in deciding— must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.
whether to make a public spaces protection order (under section 59) and if so what it should include,
whether to extend the period for which a public spaces protection order has effect (under section 60) and if so for how long,
whether to vary a public spaces protection order (under section 61) and if so how, or
whether to discharge a public spaces protection order (under section 61),
In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
A local authority must carry out the necessary consultation and the necessary publicity, and the necessary notification (if any), before—
making a public spaces protection order,
extending the period for which a public spaces protection order has effect, or
varying or discharging a public spaces protection order.
In subsection (3)—
the Council of the Isles of Scilly;
the chief officer of police, and the local policing body, for the police area that includes the restricted area;
“relevant district council” means the council of a district so far as it is not a unitary authority;
Part 2 of the Sexual Offences Act 2003 (notification and orders) is amended as set out in paragraphs 2 to 6.
Before section 123 there is inserted—
Section 137 of the Sexual Offences Act 2003 (service courts) is amended as follows. In subsection (2), for “104(1)” there is substituted “103A(1)”. For subsection (3) there is substituted— In subsection (4)— After subsection (5) there is inserted—
Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community support officers) is amended as follows.
After paragraph 2A there is inserted—
In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons unlawfully at large), in subsection (4), for “the last foregoing sub-section” there is substituted “subsection (2)”.
In section 18D of the Counter-Terrorism Act 2008 (use of retained material), in subsection (2) for “the Scottish Police Services Authority” there is substituted “the Scottish Police Authority”. In section 18E(1) of that Act (interpretation of sections 18 to 18E), for paragraph (d) of the definition of “police force” there is substituted—.
In this Schedule “supervision requirement”, in relation to a supervision order, means a requirement that the defaulter attend appointments with— at whatever times and places the responsible officer instructs. The appointments must be within the period for the time being specified in the order under paragraph 2(5).
A supervision order containing a curfew requirement may also contain a requirement (an “electronic monitoring requirement”) for securing the electronic monitoring of compliance with the curfew requirement during a period— In the case referred to in sub-paragraph (1)(b), the responsible officer must, before the beginning of the period when the electronic monitoring requirement is to take effect, notify— of the time when that period is to begin. Where— the requirement may not be included in the order without that person's consent. A supervision order imposing an electronic monitoring requirement must include provision for making a person responsible for the monitoring. An electronic monitoring requirement may not be included in a supervision order unless the court making the order— Where a supervision order contains an electronic monitoring requirement, the court may, on the application of the original applicant or the defaulter, amend the order by substituting a new period for the period specified in the order under this paragraph. Sub-paragraph (3) applies in relation to the variation of an electronic monitoring requirement under sub-paragraph (6) as it applies in relation to the inclusion of a requirement.
This paragraph applies where, on an application made in relation to a supervision order by the original applicant or the defaulter, the court is satisfied that the defaulter proposes to live, or is living, in the area of a youth offending team other than the team for the time being specified in the order. If the application is made by the defaulter, the court may amend the order by substituting for the youth offending team specified in the order the youth offending team for the area referred to in sub-paragraph (1) (or, if there is more than one youth offending team for that area, whichever of them the court decides). If the application is made by the original applicant, the court must amend the order in the way mentioned in sub-paragraph (2) (subject to sub-paragraph (5)). Where a court amends the supervision order under sub-paragraph (2) or (3) but the order contains a requirement that, in the opinion of the court, cannot reasonably be complied with if the defaulter lives in the area referred to in sub-paragraph (1), the court must also amend the order by— Sub-paragraph (3) does not require a court to amend the supervision order if in its opinion sub-paragraph (4) would produce an inappropriate result. The original applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).
If the responsible officer considers that the defaulter has failed to comply with a requirement of the supervision order, the officer must inform the original applicant. On being informed under sub-paragraph (1) the original applicant may apply to a youth court. Before making an application under sub-paragraph (2) the original applicant must— If on an application under sub-paragraph (2) the court is satisfied beyond reasonable doubt that the defaulter has without reasonable excuse failed to comply with a requirement of the supervision order, the court may— The powers in sub-paragraph (4)— The court must consider any representations made by the youth offending team for the time being specified in the order before exercising its powers under this paragraph.
Where a detention order is made, the original applicant or the defaulter may apply to a youth court to revoke it. If it appears to the court to be in the interests of justice to do so, having regard to circumstances that have arisen since the detention order was made, the court may grant an application under sub-paragraph (1) and revoke the order accordingly. The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter. If an application under this paragraph is dismissed, the party by which the dismissed application was made may make no further application under this paragraph without— A person making an application under this paragraph in relation to a detention order made under paragraph 1 must before doing so consult any youth offending team specified in the injunction under section 3(1) or, if none is specified, the local youth offending team within the meaning of section 14. A person making an application under this paragraph in relation to a detention order made under paragraph 12(4)(b) must before doing so consult the youth offending team for the time being specified in the relevant supervision order.
The relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate in carrying out ASB case reviews. The local providers of social housing must co-operate with the relevant bodies in the local government area in any matters specified by the relevant bodies that concern ASB case reviews.
Review procedures may make different provision in relation to different parts of a local government area. Review procedures or co-option arrangements made jointly in accordance with paragraph 8 may make different provision in relation to—
Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows. In paragraph 20B(10), for paragraph (b) of the definition of “a specified chief officer of police” there is substituted— In paragraph 20J—
“harm” includes serious ill-treatment or abuse, whether physical or not;
This paragraph applies where— If (in the case of a person aged 18 or over) the person is remanded in custody, the adjournment may not be for more than 3 weeks at a time. If the person is remanded on bail, the adjournment may not be for more than 4 weeks at a time.
The court may when remanding a person on bail under this Schedule require the person to comply, before release on bail or later, with any requirements that appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.
The relevant bodies in two or more local government areas— The responsible authorities in two or more local government areas— In a case where review procedures or co-option arrangements are made jointly in accordance with this paragraph, a reference to any of the following in section 104, section 105 or this Schedule is to be read accordingly—
The Police Remuneration Review Body.
In section 36 of the Police Act 1996 (general duty of Secretary of State), in subsection (2)(c), the words “(other than sections 61 and 62)” are omitted.
The College of Policing. The Police Remuneration Review Body.
In section 7 of the Police Reform and Social Responsibility Act 2011 (police and crime plans), for paragraph (f) of subsection (1) there is substituted—
If the judge or the court— the judge or the court may remand the person to a hospital or registered establishment specified by the judge or the court for such a report to be made. In sub-paragraph (1)— Subsections (4) to (10) of section 35 of the Mental Health Act 1983 apply for the purposes of sub-paragraph (1) with any necessary modifications (in particular, with references to the accused person being read as references to the person mentioned in that sub-paragraph, and references to the court being read as references to the judge or the court).
In section 97 of that Act (police officers engaged on service outside their force), in subsection (1)(i) the words “the body known as” are omitted.
Section 9 of that Act (crime and disorder reduction grants) is repealed.
In section 105 of that Act (extent), in subsection (3), for “sections 61 and 62” there is substituted “Part 3A”.
In Schedule 2 to that Act (chief constables), paragraph 7(3) is repealed.
In Schedule 4 to that Act (Commissioner of Police of the Metropolis), paragraph 4(3) is repealed.
in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly;
The requirement to consult with the owner or occupier of land within the restricted area—
does not apply to land that is owned and occupied by the local authority;
applies only if, or to the extent that, it is reasonably practicable to consult the owner or occupier of the land.
In the case of a person or body designated under section 71, the necessary consultation also includes consultation with the local authority which (ignoring subsection (2) of that section) is the authority for the area that includes the restricted area.
In relation to a variation of a public spaces protection order that would increase the restricted area, the restricted area for the purposes of this section is the increased area.
The Secretary of State may issue—
guidance to local authorities about the exercise of their functions under this Chapter and those of persons authorised by local authorities under section 63 or 68;
guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Part.
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued or revised under this section to be published.
A local authority, in deciding— must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.
whether to make an expedited order (under section 59A) and if so what it should include,
whether to extend or reduce the period for which an expedited order has effect (under section 60A) and if so by how much,
whether to vary an expedited order (under section 61) and if so how, or
whether to discharge an expedited order (under section 61),
In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
A local authority must obtain the necessary consents before—
making an expedited order,
extending or reducing the period for which an expedited order has effect, or
varying or discharging an expedited order.
If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(a), “the necessary consents” means the consent of—
the chief officer of police for the police area that includes the restricted area, and
a person authorised (whether in specific or general terms) by the appropriate authority for the school or 16 to 19 Academy.
If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of—
the chief officer of police for the police area that includes the restricted area, and
a person authorised by the appropriate NHS authority.
In this section—
In this section “proprietor”, in relation to a school or a 16 to 19 Academy, has the meaning given in section 579(1) of the Education Act 1996.
In this Chapter—
For the purposes of this Chapter, a public spaces protection order “regulates” an activity if the activity is— whether or not for all persons and at all times.
prohibited by virtue of section 59(4)(a), or
subjected to requirements by virtue of section 59(4)(b),
For the purposes of this Chapter, an expedited order “regulates” an activity if the activity is— whether or not for all persons and at all times.
prohibited by virtue of section 59A(5)(a), or
subjected to requirements by virtue of section 59A(5)(b),
A local authority must carry out the necessary consultation as soon as reasonably practicable after making an expedited order.
In subsection (1) “necessary consultation” means consulting with the following about the terms and effects of the order—
the chief officer of police, and the local policing body, for the police area that includes the restricted area;
whatever community representatives the local authority thinks it appropriate to consult;
the owner or occupier of land within the restricted area.
A local authority must carry out the necessary notification (if any) as soon as reasonably practicable after—
making an expedited order,
extending or reducing the period for which an expedited order has effect, or
varying or discharging an expedited order.
In subsection (3) “necessary notification” means notifying the following of the extension, reduction, variation or discharge—
the parish council or community council (if any) for the area that includes the restricted area;
in the case of an expedited order made by a district council in England, the county council (if any) for the area that includes the restricted area;
the owner or occupier of land within the restricted area.
The requirement to notify the owner or occupier of land within the restricted area—
does not apply to land that is owned or occupied by the local authority;
applies only if, and to the extent that, it is reasonably practicable to notify the owner or occupier of the land.
The repeal or amendment by this Act of provisions about any of the orders specified in subsection (2) does not apply in relation to—
an order specified in that subsection made before the commencement day;
anything done in connection with such an order.
The orders are—
a gating order under Part 8A of the Highways Act 1980;
an order under section 13(2) of the Criminal Justice and Police Act 2001 (power of local authority to designate public place for restrictions on alcohol consumption);
a dog control order under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005.
At the end of the period of 3 years beginning with the commencement day— This Part, as it applies by virtue of paragraph (a), has effect with any necessary modifications (and with any modifications specified in an order under section 185(7)).
this Chapter has effect in relation to any order specified in subsection (2) that is still in force as if the provisions of the order were provisions of a public spaces protection order;
subsection (1) ceases to have effect.
In this section “commencement day” means the day on which this Chapter comes into force.
A police officer of at least the rank of inspector, or the local authority, may issue a closure notice if satisfied on reasonable grounds— and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.
that the use of particular premises has resulted, or (if the notice is not issued) is likely soon to result, in nuisance to members of the public, or
that there has been, or (if the notice is not issued) is likely soon to be, disorder near those premises associated with the use of those premises,
A closure notice is a notice prohibiting access to the premises for a period specified in the notice. For the maximum period, see section 77.
A closure notice may prohibit access—
by all persons except those specified, or by all persons except those of a specified description;
at all times, or at all times except those specified;
in all circumstances, or in all circumstances except those specified.
A closure notice may not prohibit access by— and accordingly they must be specified under subsection (3)(a).
people who habitually live on the premises, or
the owner of the premises,
A closure notice must—
identify the premises;
explain the effect of the notice;
state that failure to comply with the notice is an offence;
state that an application will be made under section 80 for a closure order;
specify when and where the application will be heard;
explain the effect of a closure order;
give information about the names of, and means of contacting, persons and organisations in the area that provide advice about housing and legal matters.
A closure notice may be issued only if reasonable efforts have been made to inform— that the notice is going to be issued.
people who live on the premises (whether habitually or not), and
any person who has control of or responsibility for the premises or who has an interest in them,
Before issuing a closure notice the police officer or local authority must ensure that any body or individual the officer or authority thinks appropriate has been consulted.
The Secretary of State may by regulations specify premises or descriptions of premises in relation to which a closure notice may not be issued.
The maximum period that may be specified in a closure notice is 24 hours unless subsection (2) applies.
The maximum period is 48 hours—
if, in the case of a notice issued by a police officer, the officer is of at least the rank of superintendent, or
if, in the case of a notice issued by a local authority, the notice is signed by the chief executive officer of the authority or a person designated by him or her for the purposes of this subsection.
In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.
The period specified in a closure notice to which subsection (2) does not apply may be extended by up to 24 hours—
if, in the case of a notice issued by a police officer, an extension notice is issued by an officer of at least the rank of superintendent, or
if, in the case of a notice issued by a local authority, the authority issues an extension notice signed by the chief executive officer of the authority or a person designated by the chief executive officer for the purposes of this subsection.
An extension notice is a notice which—
identifies the closure notice to which it relates, and
specifies the period of the extension.
In this section “chief executive officer” means—
in relation to a local authority in England, the authority's head of paid service designated under section 4 of the Local Government and Housing Act 1989;
in relation to a local authority in Wales, the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021.
This section applies where a closure notice is in force and the relevant officer or authority is no longer satisfied as mentioned in section 76(1), either—
as regards the premises as a whole, or
as regards a particular part of the premises.
In a case within subsection (1)(a) the relevant officer or authority must issue a cancellation notice. A cancellation notice is a notice cancelling the closure notice.
In a case within subsection (1)(b) the relevant officer or authority must issue a variation notice. A variation notice is a notice varying the closure notice so that it does not apply to the part of the premises referred to in subsection (1)(b).
A cancellation notice or a variation notice that relates to a closure notice which was— must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed as mentioned in section 77(2)(b)).
issued by a local authority, and
signed as mentioned in section 77(2)(b),
A cancellation notice or a variation notice that relates to a closure notice which was— must be signed by the person who signed the extension notice (or, if that person is not available, by another person who could have signed the extension notice).
issued by a local authority, and
extended under section 77(4)(b),
In this section “the relevant officer or authority” means—
in the case of a closure notice issued by a police officer and not extended under section 77(4)(a), that officer (or, if that officer is not available, another officer of the same or higher rank);
in the case of a closure notice issued by a police officer and extended under section 77(4)(a), the officer who issued the extension notice (or, if that officer is not available, another officer of the same or higher rank);
in the case of a closure notice issued by a local authority, that authority.
A closure notice, an extension notice, a cancellation notice or a variation notice must be served by—
a constable, in the case of a notice issued by a police officer;
a representative of the authority that issued the notice, in the case of a notice issued by a local authority.
The constable or local authority representative must if possible—
fix a copy of the notice to at least one prominent place on the premises,
fix a copy of the notice to each normal means of access to the premises,
fix a copy of the notice to any outbuildings that appear to the constable or representative to be used with or as part of the premises,
give a copy of the notice to at least one person who appears to the constable or representative to have control of or responsibility for the premises, and
give a copy of the notice to the people who live on the premises and to any person who does not live there but was informed (under section 76(6)) that the notice was going to be issued.
If the constable or local authority representative reasonably believes, at the time of serving the notice, that there are persons occupying another part of the building or other structure in which the premises are situated whose access to that part will be impeded if a closure order is made under section 80, the constable or representative must also if possible serve the notice on those persons.
The constable or local authority representative may enter any premises, using reasonable force if necessary, for the purposes of complying with subsection (2)(a).
In this section “representative”, in relation to a local authority, means—
an employee of the authority, or
a person, or employee or a person, acting on behalf of the authority.
Whenever a closure notice is issued an application must be made to a magistrates' court for a closure order (unless the notice has been cancelled under section 78).
An application for a closure order must be made—
by a constable, if the closure notice was issued by a police officer;
by the authority that issued the closure notice, if the notice was issued by a local authority.
The application must be heard by the magistrates' court not later than 48 hours after service of the closure notice.
In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.
The court may make a closure order if it is satisfied— and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.
that a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises, or
that the use of the premises has resulted, or (if the order is not made) is likely to result, in serious nuisance to members of the public, or
that there has been, or (if the order is not made) is likely to be, disorder near those premises associated with the use of those premises,
A closure order is an order prohibiting access to the premises for a period specified in the order. The period may not exceed 3 months.
A closure order may prohibit access—
by all persons, or by all persons except those specified, or by all persons except those of a specified description;
at all times, or at all times except those specified;
in all circumstances, or in all circumstances except those specified.
A closure order—
may be made in respect of the whole or any part of the premises;
may include provision about access to a part of the building or structure of which the premises form part.
The court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.
This section applies where an application has been made to a magistrates' court under section 80 for a closure order.
If the court does not make a closure order it may nevertheless order that the closure notice continues in force for a specified further period of not more than 48 hours, if satisfied— and that the continuation of the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.
that the use of particular premises has resulted, or (if the notice is not continued) is likely soon to result, in nuisance to members of the public, or
that there has been, or (if the notice is not continued) is likely soon to be, disorder near those premises associated with the use of those premises,
The court may adjourn the hearing of the application for a period of not more than 14 days to enable— to show why a closure order should not be made.
the occupier of the premises,
the person with control of or responsibility for the premises, or
any other person with an interest in the premises,
If the court adjourns the hearing under subsection (3) it may order that the closure notice continues in force until the end of the period of the adjournment.
At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for an extension (or further extension) of the period for which the order is in force.
Those entitled to make an application under this section are—
where the closure order was made on the application of a constable, a police officer of at least the rank of inspector;
where the closure order was made on the application of a local authority, that authority.
A police officer or local authority may make an application under this section only if satisfied on reasonable grounds that it is necessary for the period of the order to be extended to prevent the occurrence, recurrence or continuance of— and also satisfied that the appropriate consultee has been consulted about the intention to make the application.
disorderly, offensive or criminal behaviour on the premises,
serious nuisance to members of the public resulting from the use of the premises, or
disorder near the premises associated with the use of the premises,
In subsection (3) “the appropriate consultee” means—
the local authority, in the case of an application by a police officer;
the chief officer of police for the area in which the premises are situated, in the case of an application by a local authority.
Where an application is made under this section, the justice of the peace may issue a summons directed to— requiring the person to appear before the magistrates' court to respond to the application.
any person on whom the closure notice was served under section 79, or
any other person who appears to the justice to have an interest in the premises but on whom the closure notice was not served,
If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.
If the magistrates' court is satisfied as mentioned in subsection (3)(a), (b) or (c), it may make an order extending (or further extending) the period of the closure order by a period not exceeding 3 months.
The period of a closure order may not be extended so that the order lasts for more than 6 months.
At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for the order to be discharged.
Those entitled to make an application under this section are—
a constable, where the closure order was made on the application of a constable;
the authority that applied for the closure order, where the order was made on the application of a local authority;
a person on whom the closure notice was served under section 79;
anyone else who has an interest in the premises but on whom the closure notice was not served.
Where a person other than a constable makes an application under this section for the discharge of an order that was made on the application of a constable, the justice may issue a summons directed to a constable considered appropriate by the justice requiring him or her to appear before the magistrates' court to respond to the application.
If a summons is issued under subsection (3), a notice stating the date, time and place of the hearing of the application must be served on—
the constable to whom the summons is directed;
the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
Where— the justice may issue a summons directed to that authority requiring it to appear before the magistrates' court to respond to the application.
the order in question was made on the application of a local authority, and
a person other than that authority makes an application under this section for the discharge of the order,
If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on—
the authority mentioned in that subsection;
the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
The magistrates' court may not make an order discharging the closure order unless satisfied that the closure order is no longer necessary to prevent the occurrence, recurrence or continuance of—
disorderly, offensive or criminal behaviour on the premises,
serious nuisance to members of the public resulting from the use of the premises, or
disorder near the premises associated with the use of the premises.
The Secretary of State may by regulations amend this Chapter so as to alter—
the maximum period that a closure order under section 80 may specify as the period for which access to the premises is prohibited;
the maximum period for which a closure order may be extended under section 82;
the maximum duration of a closure order extended under section 82.
Regulations under this section may make different provision for different purposes.
Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
An appeal against a decision to make or extend a closure order may be made by—
a person on whom the closure notice was served under section 79;
anyone else who has an interest in the premises but on whom the closure notice was not served.
A constable may appeal against—
a decision not to make a closure order applied for by a constable;
a decision not to extend a closure order made on the application of a constable;
a decision (under section 81) not to order the continuation in force of a closure notice issued by a constable.
A local authority may appeal against—
a decision not to make a closure order applied for by that authority;
a decision not to extend a closure order made on the application of that authority;
a decision (under section 81) not to order the continuation in force of a closure notice issued by that authority.
An appeal under this section is to the Crown Court.
An appeal under this section must be made within the period of 21 days beginning with the date of the decision to which it relates.
On an appeal under this section the Crown Court may make whatever order it thinks appropriate.
The Crown Court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.
An authorised person may—
enter premises in respect of which a closure order is in force;
do anything necessary to secure the premises against entry.
In this section “authorised person”—
in relation to a closure order made on the application of a constable, means a constable or a person authorised by the chief officer of police for the area in which the premises are situated;
in relation to a closure order made on the application of a local authority, means a person authorised by that authority.
A person acting under subsection (1) may use reasonable force.
A person seeking to enter premises under subsection (1) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of his or her identity and authority before entering the premises.
An authorised person may also enter premises in respect of which a closure order is in force to carry out essential maintenance or repairs to the premises.
A person who without reasonable excuse remains on or enters premises in contravention of a closure notice (including a notice continued in force under section 81) commits an offence.
A person who without reasonable excuse remains on or enters premises in contravention of a closure order commits an offence.
A person who without reasonable excuse obstructs a person acting under section 79 or 85(1) commits an offence.
A person guilty of an offence under subsection (1) or (3) is liable on summary conviction— or to both.
to imprisonment for a period not exceeding 3 months, or
to a fine,
A person guilty of an offence under subsection (2) is liable on summary conviction— or to both.
to imprisonment for a period not exceeding 51 weeks, or
to a fine,
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months.
Where— an occupier or owner of that other part may apply to the appropriate court for an order under this section.
access to premises is prohibited or restricted by, or as a result of, an order under section 80, 81, 82 or 84,
those premises are part of a building or structure, and
there is another part of that building or structure that is not subject to the prohibition or restriction,
The appropriate court is—
the magistrates' court, in the case of an order under section 80, 81 or 82;
the Crown Court, in the case of an order under section 84.
Notice of an application under this section must be given to—
whatever constable the court thinks appropriate;
the local authority;
a person on whom the closure notice was served under section 79;
anyone else who has an interest in the premises but on whom the closure notice was not served.
On an application under this section the court may make whatever order it thinks appropriate in relation to access to any part of the building or structure mentioned in subsection (1). It does not matter whether provision has been made under section 80(8)(b).
A local policing body or a local authority that incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which a closure order is in force may apply to the court that made the order for an order under this section.
On an application under this section the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the owner or occupier of the premises of the expenditure mentioned in subsection (1).
An application for an order under this section may not be heard unless it is made before the end of the period of 3 months starting with the day on which the closure order ceases to have effect.
An order under this section may be made only against a person who has been served with the application for the order.
An application under this section must also be served on—
the local policing body for the area in which the premises are situated, if the application is made by a local authority;
the local authority, if the application is made by a local policing body.
A police officer, or the chief officer of police under whose direction or control he or she acts, is not liable for damages in proceedings for— arising out of anything done or omitted to be done by the police officer in the exercise or purported exercise of a power under this Chapter.
judicial review, or
the tort of negligence or misfeasance in public office,
A local authority is not liable for damages in proceedings for— arising out of anything done or omitted to be done by the authority in the exercise or purported exercise of a power under this Chapter.
judicial review, or
the tort of negligence or misfeasance in public office,
Subsections (1) and (2) do not apply to an act or omission shown to have been in bad faith.
Subsections (1) and (2) do not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
This section does not affect any other exemption from liability (whether at common law or otherwise).
A person who claims to have incurred financial loss in consequence of a closure notice or a closure order may apply to the appropriate court for compensation.
The appropriate court is—
the magistrates' court that considered the application for a closure order (except where paragraph (b) applies);
the Crown Court, in the case of a closure order that was made or extended by an order of that Court on an appeal under section 84.
An application under this section may not be heard unless it is made before the end of the period of 3 months starting with whichever of the following is applicable—
the day on which the closure notice was cancelled under section 78;
the day on which a closure order was refused;
the day on which the closure order ceased to have effect.
For the purposes of subsection (3)(b) the day on which a closure order was refused is—
the day on which the magistrates' court decided not to make a closure order (except where paragraph (b) applies);
the day on which the Crown Court dismissed an appeal against a decision not to make a closure order.
On an application under this section the court may order the payment of compensation out of central funds if it is satisfied—
that the applicant is not associated with the use of the premises, or the behaviour on the premises, on the basis of which the closure notice was issued or the closure order made,
if the applicant is the owner or occupier of the premises, that the applicant took reasonable steps to prevent that use or behaviour,
that the applicant has incurred financial loss in consequence of the notice or order, and
that having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.
In this section “central funds” has the same meaning as in enactments providing for the payment of costs.
The Secretary of State may issue—
guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Chapter;
guidance to local authorities about the exercise of their functions under this Chapter and those of their representatives (within the meaning of section 79).
The Secretary of State may revise any guidance issued under this section.
The Secretary of State must arrange for any guidance issued or revised under this section to be published.
In this Chapter—
“community representative”, in relation to a police area, means any individual or body appearing to the local policing body to represent the views of people who live in, work in or visit the area;
“local authority” means—
A reference in this Chapter to “the local authority”, in relation to any premises or a notice or order relating to any premises, is a reference to the local authority (or, as the case may be, any of the local authorities) within whose area the premises are situated.
A reference in this Chapter to “the premises”, in relation to a closure notice or a closure order, is a reference to the premises to which the notice or order relates.
The repeal or amendment by this Act of provisions about any of the notices specified in subsection (2) or orders specified in subsection (3) does not apply in relation to—
any such notice issued or order made before the commencement day;
anything done in connection with any such notice or order.
The notices are—
a notice issued under section 1 of the Anti-social Behaviour Act 2003;
a notice issued under section 11A of that Act.
The orders are—
an order made under section 2 of the Anti-social Behaviour Act 2003;
an order made under section 11B of that Act;
an order made under section 40 of that Act;
an order made under section 161 of the Licensing Act 2003;
an order made under section 165(2)(b), (c) or (d) of that Act.
A person deciding whether to issue a closure notice may take into account things that—
happened before the commencement day, and
would have given rise to the power to issue one of the notices specified in subsection (2) or to make an order specified in subsection (3)(c) or (d).
A court deciding whether to make a closure order may take into account things that—
happened before the commencement day, and
would have given rise to the power to make an order specified in subsection (3)(a), (b) or (e).
Subsections (4) and (5) apply only during the period of 3 months beginning with the commencement day.
In this section “commencement day” means the day on which this Chapter comes into force.
After section 84 of the Housing Act 1985 (secure tenancies: grounds and orders for possession) there is inserted—
After Schedule 2 to that Act there is inserted the Schedule set out in Schedule 3 to this Act.
After section 83 of the Housing Act 1985 (proceedings for possession or termination: notice requirements) there is inserted—
After section 85 of the Housing Act 1985 (extended discretion of court in certain proceedings for possession) there is inserted—
Ground 7A Any of the following conditions is met. Condition 1 is that— Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and— Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved— Condition 4 is that— Condition 5 is that— Condition 1, 2, 3, 4 or 5 is not met if— In this ground—
In section 8 of that Act (notice of proceedings for possession)—
in subsection (3)(b), for “subsections (4)” there is substituted “ subsections (3A) ”;
after subsection (3) there is inserted—;
in subsection (4), for “(whether with or without other grounds)” there is substituted “ (whether without other grounds or with any ground other than Ground 7A) ”;
in subsection (4A), after “other than Ground” there is inserted “ 7A or ”;
after subsection (4B) there is inserted—;
in subsection (5), after “Ground” there is inserted “ 7A or ”.
In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may order possession in relation to secure tenancies if it considers it reasonable), in Ground 2, at the end of paragraph (a) (but before the “or”) there is inserted—.
In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession in relation to assured tenancies if it considers it reasonable), in Ground 14, at the end of paragraph (a) (but before the “or”) there is inserted—.
Ground 2ZA The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom. In this Ground— This Ground applies only in relation to dwelling-houses in England.
Ground 14ZA The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom. In this Ground— This Ground applies only in relation to dwelling-houses in England.
In section 138 of the Housing Act 1985 (right to buy: suspension of duty of landlord to convey freehold or grant lease)—
in subsection (2A)(a), for “or Ground 2 possession order” there is substituted “ , Ground 2 or 2ZA possession order or section 84A possession order ”;
in subsection (2B)(a), for “or an operative Ground 2 possession order” there is substituted “ , an operative Ground 2 or 2ZA possession order or an operative section 84A possession order ”;
“Ground 2 or 2ZA possession order” means an order for possession under Ground 2 or Ground 2ZA in Schedule 2;
for the definition of “operative Ground 2 possession order” there is substituted— “ “operative Ground 2 or 2ZA possession order” means an order made under Ground 2 or Ground 2ZA in Schedule 2 which requires possession of the dwelling-house to be given up on a date specified in the order;”;
after that definition there is inserted—.
Ground 2ZA Proceedings have been begun for possession of the dwelling-house, of which the tenant or the proposed assignee is the secure tenant, under section 84A (absolute ground for possession for anti-social behaviour), or there has been served on the tenant or the proposed assignee a notice under section 83ZA (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) which is still in force.
In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies in pursuance of a request under section 158 of that Act)—
after Ground 4 there is inserted—;
after Ground 5 there is inserted—
Each local policing body must prepare a community remedy document for its area, and may revise it at any time.
A community remedy document is a list of actions any of which might, in the opinion of the local policing body, be appropriate in a particular case to be carried out by a person who—
has engaged in anti-social behaviour or has committed an offence, and
is to be dealt with for that behaviour or offence without court proceedings.
For the purposes of subsection (2), an action is appropriate to be carried out by a person only if it has one or more of the following objects—
assisting in the person's rehabilitation;
ensuring that the person makes reparation for the behaviour or offence in question;
punishing the person.
In preparing or revising the community remedy document for its area a local policing body must—
have regard to the need to promote public confidence in the out-of-court disposal process;
have regard to any guidance issued by the Secretary of State about how local policing bodies are to discharge their functions under this section;
carry out the necessary consultation and take account of all views expressed by those consulted.
In subsection (4)(c) “the necessary consultation” means—
consultation with the chief officer of police for the area,
consultation with the local authority for any part of the area,
consultation with whatever community representatives the local policing body thinks it appropriate to consult, and
whatever other public consultation the local policing body thinks appropriate.
A local policing body must agree the community remedy document for its area, and any revised document, with the chief officer of police for the area.
Once the community remedy document, or a revised document, has been agreed with the chief officer of police, the local policing body must publish it in whatever way it thinks appropriate.
The Secretary of State must publish any guidance issued under subsection (4)(b).
In this section—
“anti-social behaviour” has the meaning given by section 2 (ignoring subsection (2) of that section);
This section applies where—
a person (P) within subsection (2) has evidence that an individual (A) has engaged in anti-social behaviour or committed an offence,
A admits to P that he or she has done so,
P thinks that the evidence is enough for taking proceedings against A for an injunction under section 1, or taking other court proceedings, but decides that it would be appropriate for A to carry out action of some sort instead, and
if the evidence is that A has committed an offence, P does not think that it would be more appropriate for A to be given a caution or a fixed penalty notice.
The persons within this subsection are—
a constable;
an investigating officer;
a person authorised by a relevant prosecutor for the purposes of section 22 of the Criminal Justice Act 2003 (conditional cautions) or section 66A of the Crime and Disorder Act 1998 (youth conditional cautions).
Before deciding what action to invite A to carry out, P must make reasonable efforts to obtain the views of the victim (if any) of the anti-social behaviour or the offence, and in particular the victim's views as to whether A should carry out any of the actions listed in the community remedy document.
If the victim expresses the view that A should carry out a particular action listed in the community remedy document, P must invite A to carry out that action unless it seems to P that it would be inappropriate to do so.
Where— P must nevertheless take account of any views expressed by the victim (or victims) in deciding what action to invite A to carry out.
there is more than one victim and they express different views, or
for any other reason subsection (4) does not apply,
In this section—
In Part 3 of the Criminal Justice Act 2003 (conditional cautions), after section 23 there is inserted—
After section 66B of the Crime and Disorder Act 1998 (requirements for youth conditional cautions) there is inserted—
In a case where a person has made a complaint about anti-social behaviour in a particular local government area, the relevant bodies in that area must carry out a review of the response to that behaviour (an “ASB case review)” if—
that person, or any other person, makes an application for such a review, and
the relevant bodies decide that the threshold for a review is met.
The relevant bodies in each local government area must—
make arrangements about the carrying out of ASB case reviews by those bodies (“review procedures”), and
ensure that the current review procedures are published.
The review procedures must include provision about the making of applications for ASB case reviews; and, in particular, must—
specify the point of contact for making applications, and
ensure that applications made to that point of contact are passed on to all the relevant bodies in the local government area.
In a situation where— the relevant bodies must decide that the threshold for a review is met.
an application for an ASB case review is made, and
at least three (or, if a different number is specified in the review procedures, at least that number of) qualifying complaints have been made about the anti-social behaviour to which the application relates,
In any other situation where an application for an ASB case review is made, the question whether the threshold for a review is met must be decided by the relevant bodies in accordance with the review procedures; and the procedures may, in particular, include provision for this purpose which is framed by reference to any of these matters—
the persistence of the anti-social behaviour about which the original complaint was made;
the harm caused, or the potential for harm to be caused, by that behaviour;
the adequacy of the response to that behaviour.
After the relevant bodies have decided whether or not the threshold for a review is met, they must inform the applicant of their decision.
The relevant bodies who carry out an ASB case review may make recommendations to a person who exercises public functions (including recommendations to a relevant body) in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions.
The relevant bodies who carry out an ASB case review must inform the applicant of—
the outcome of the review, and
any recommendations made in accordance with subsection (7).
As soon as practicable after the end of a reporting period, the relevant bodies in a local government area must publish information about the following matters which relates to that period—
the number of applications for ASB case reviews made to those bodies;
the number of times those bodies decided that the threshold for a review was not met;
the number of ASB case reviews those bodies have carried out;
the number of ASB case reviews carried out by those bodies that have resulted in recommendations being made.
The question whether a complaint made about anti-social behaviour is a “qualifying complaint” for the purposes of subsection (4) is to be determined in accordance with subsections (11) and (12).
A complaint about anti-social behaviour is a qualifying complaint if—
the complaint is made within the period of one month (or, if a different period is specified in the review procedures, that period) beginning with the date on which the behaviour is alleged to have occurred; and
the application for the ASB case review is made within the period of six months (or, if a different period is specified in the review procedures, that period) beginning with the date on which the complaint is made.
But where a person makes two or more complaints about anti-social behaviour which meet the requirements in subsection (11), the question of which complaint is, or which complaints are, qualifying complaints is to be decided by the relevant bodies in accordance with the review procedures. The procedures may, in particular, include provision for this purpose which is framed by reference to whether different complaints relate to different aspects of particular anti-social behaviour (including different incidents comprised in particular anti-social behaviour).
Schedule 4 (ASB case reviews: supplementary provision) has effect.
This section applies for the purposes of section 104, this section and Schedule 4.
These expressions have the meanings given—
The Secretary of State may by regulations make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour.
The information that regulations may require a relevant authority to provide includes in particular information about—
reports of anti-social behaviour made to the authority,
responses of the authority to anti-social behaviour, and
ASB case reviews carried out by the relevant authority.
The regulations may require a relevant authority to— for the purpose of providing information under the regulations.
collect or otherwise obtain information,
create information,
retain information, or
process information (including by collating or analysing it),
The regulations may make provision—
requiring information to be provided at specified intervals or on specified occasions;
about the form and manner in which information must be provided.
The regulations may make different provision for different purposes.
Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
The requirement in subsection (6) may be satisfied by consultation carried out wholly or partly before this section comes into force.
In this section—
The Dangerous Dogs Act 1991 is amended as follows.
In section 3 (keeping dogs under proper control)—
in subsection (1)—
for “a public place” there is substituted “ any place in England or Wales (whether or not a public place) ”;
after “injures any person” there is inserted “ or assistance dog ”;
after subsection (1) there is inserted—;
subsection (3) is repealed;
in subsection (4)—
the words “or (3)” are omitted;
for “either of those subsections” there is substituted “ that subsection ”;
in paragraph (b), for “two years” there is substituted “ the relevant maximum specified in subsection (4A) ”;
after subsection (4) there is inserted—
In section 4 (destruction and disqualification orders), the words “or (3)” are omitted in both places where they occur in subsection (1).
In section 4A (contingent destruction orders)—
in subsection (1)(a) the words “or (3)” are omitted;
in subsection (4) the words “or (3)” are omitted.
In section 5 (seizure, entry of premises and evidence)—
in subsection (1)(c), for “one” there is substituted “ a dog ”;
after subsection (1) there is inserted—
In section 10 (interpretation)—
“assistance dog” has the meaning given by section 173(1) of the Equality Act 2010;
in subsection (3)—
after “injure any person” there is inserted “ or assistance dog ”;
after “injuring a person” there is inserted “ or assistance dog ”.
The Dangerous Dogs Act 1991 is amended as follows.
In section 1 (dogs bred for fighting) after subsection (6) there is inserted—
In section 4 (destruction and disqualification orders) after subsection (1A) there is inserted—
Section 4B (destruction orders otherwise than on a conviction) is amended as follows—
in subsection (1), after “section 5(1) or (2) below” there is inserted “ or in exercise of a power of seizure conferred by any other enactment ”;
after subsection (2) there is inserted—
The Firearms Act 1968 is amended as set out in subsections (2) to (8).
In section 5 (which includes, in subsections (1) and (1A), offences of unauthorised possession etc of prohibited weapons and ammunition)—
in subsection (1) the words “, or manufactures, sells or transfers” are omitted;
in subsection (1A) the words “or sells or transfers” are omitted.
After subsection (2) of that section there is inserted—
For subsection (3) of that section there is substituted—
In section 5A (exemptions from requirement of authority under section 5)—
in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) of” are omitted;
in subsections (1) and (3), for “any prohibited weapon or ammunition” there is substituted “ any weapon, ammunition or missile specified in subsection (1A) of that section ”.
In section 51A (minimum sentences for certain offences), in subsection (1A), before paragraph (a) there is inserted—.
In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of punishments) the words “or distributing” are omitted in the entries for—
section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),
section 5(1)(b),
section 5(1A)(a), and
section 5(1A)(b), (c), (d), (e), (f) or (g).
Section 5(2A) Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunition On indictment Imprisonment for life.
In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of the 1968 Act to prohibit certain small firearms etc), after subsection (7) there is inserted—
In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—
in subsections (1) and (1A), for the words between “commits an offence if,” and “, he has in his possession” there is substituted “ without authority ”;
in subsection (4), for the words from the beginning to “the Scottish Ministers” there is substituted “ An authority shall be subject to conditions specified in it, including such as the Secretary of State or the Scottish Ministers (as appropriate) ”;
in subsection (6), for the words before “revoke an authority” there is substituted “ The Secretary of State or the Scottish Ministers (as appropriate) may at any time, if they think fit, ”.
In section 5A of that Act (exemptions from requirement of authority under section 5)—
in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “ or the Scottish Ministers ”;
in subsection (6), for the words after “without the authority of the Secretary of State” there is substituted “ or the Scottish Ministers (as appropriate) ”.
In the Firearms (Amendment) Act 1997—
in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small firearms etc), for “The authority of the Secretary of State or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “ The authority of the Secretary of State or the Scottish Ministers ”;
in section 7(3), for the words “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”, in the first place where they occur, there is substituted “ or the Scottish Ministers ”.
In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750)—
in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and” are omitted;
in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are omitted.
In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), before subsection (3) there is inserted—
Apart from— nothing in this Act
Where— the prohibition does not apply while the certificate remains in force.
a person is in possession of a firearm or ammunition immediately before the day on which subsection (1) comes into force,
by reason of a sentence imposed before that day, subsection (1) would (but for this subsection) make the person's possession of the firearm or ammunition subject to a prohibition under section 21 of the Firearms Act 1968, and
the person's possession of the firearm or ammunition immediately before that day is authorised by a certificate within the meaning given in section 57(4) of that Act,
The Customs and Excise Management Act 1979 is amended as follows.
In section 50 (penalty for improper importation of goods), in subsection (5A) (firearms and counterfeit currency etc), for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.
In that section—
in subsection (4), after “(5A),” there is inserted “ (5AA), ”;
at the end of paragraph (a) of subsection (5A) there is inserted “or”;
paragraph (c) of that subsection and the word “or” before it are omitted;
after that subsection there is inserted—
In section 170 (penalty for fraudulent evasion of duty or prohibition, etc), in subsection (4A) (firearms and counterfeit currency etc)—
in paragraph (a), for “subsection (2) or (3)” there is substituted “ subsection (1) or (2) ”;
for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.
In that section—
in subsection (3), after “(4A),” there is inserted “ (4AA), ”;
at the end of paragraph (a) of subsection (4A) there is inserted “or”;
paragraph (c) of that subsection and the word “or” before it are omitted;
after that subsection there is inserted—
In section 68 (offences in relation to exportation of prohibited or restricted goods), in subsection (4A) (firearms and counterfeit currency etc)—
in paragraph (a) the words “or (3)” are omitted”;
for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.
In that section—
in subsection (3), after “(4A)” there is inserted “ , (4AA) ”;
at the end of paragraph (a) of subsection (4A) there is inserted “or”;
paragraph (c) of that subsection and the word “or” before it are omitted;
after that subsection there is inserted—
In section 54 of the Firearms Act 1968 (application to Crown servants), in subsection (3), at the end of paragraph (d) there is inserted, or
The following are repealed—
subsections (3A) and (3B) of section 54 of the Firearms Act 1968, and
paragraph 9 of Schedule 7 to the Anti-terrorism, Crime and Security Act 2001 (which inserted those subsections).
Schedule 5 (amendments of Parts 2 and 3 of the Sexual Offences Act 2003) has effect.
In section 142 of the Sexual Offences Act 2003 (extent etc)—
in subsection (2) (provisions that extend to Northern Ireland, as well as England and Wales), for paragraph (c) there is substituted—;
after that subsection there is inserted—
In subsection (3) (provisions that extend to Scotland, as well as England and Wales) for paragraph (a) there is substituted—;
after that subsection there is inserted—
In this section—
in the case of a public spaces protection order made or to be made by a district council in England, the county council (if any) for the area that includes the restricted area.
In making and revising the review procedures, the relevant bodies in a local government area must consult the local policing body for the relevant police area. The “relevant police area” is the police area which consists of, or includes, the local government area.
The review procedures must include provision about—
the assessment of the effectiveness of those procedures, and
the revision of those procedures.
After section 103 there is inserted—
Sections 123 to 129 (risk of sexual harm orders) are repealed. This paragraph extends only to England and Wales.
In section 143(2) of the Magistrates’ Courts Act 1980 (provisions in which sums may be altered) paragraph (da) is omitted.
In section 64A of the Police and Criminal Evidence Act 1984 (photographing of suspects etc), for paragraph (ca) of subsection (1B) there is substituted—.
any local providers of social housing who are among the relevant bodies by virtue of the co-option arrangements made in relation to that local government area.
The repeal or amendment by this Act of sections 104 to 122 or sections 123 to 129 of the 2003 Act does not apply in relation to—
an application made before the commencement day for an existing order;
an existing order (whether made before or after that day) applied for before that day;
anything done in connection with such an application or order.
The following sections of the 2003 Act inserted by Schedule 5 apply (as appropriate) to an old order as they apply to a new order—
section 103E (variation, renewal and discharge of sexual harm prevention order);
section 103I (offence of breach of sexual harm prevention order);
section 122D (variation, renewal and discharge of sexual risk order);
section 122H (offence of breach of sexual risk order).
As from the commencement day there may be no variation of an existing order or an old order that extends the period of the order or of any of its provisions.
At the end of the period of 5 years beginning with the commencement day—
in relation to any existing order or old order that is still in force, sections 103E and 103I of the 2003 Act or sections 122D and 122H of that Act (as appropriate) have effect, with any necessary modifications (and with any modifications specified in an order under section 185(7) of this Act), as if the provisions of the order were provisions of a new order;
subsections (2) and (3) cease to have effect.
In this section “commencement day” means the day on which this section comes into force.
Schedule 6 (amendments of Part 2A of the Sexual Offences Act 2003) has effect.
For the purposes of sections 136BA and 136D(7A) of the Sexual Offences Act 2003 (inserted by that Schedule), it does not matter whether the offence or offences in question were committed before, or on or after, the date on which this section comes into force.
A police officer of at least the rank of inspector may issue a notice under this section to the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of—
child sexual exploitation, or
conduct that is preparatory to, or otherwise connected with, child sexual exploitation.
A notice under this section must be in writing and must—
specify the hotel to which it relates;
specify the date on which it comes into effect and the date on which it expires;
explain the effect of subsections (4) and (5) and sections 117 and 118.
The date on which the notice expires must not be more than 6 months after the date on which it comes into effect.
A constable may require a person issued with a notice under this section to provide the constable with information about guests at the hotel.
The only information that a constable may require under subsection (4) is—
guests' names and addresses;
other information about guests that—
is specified in regulations made by the Secretary of State, and
can be readily obtained from one or more of the guests themselves.
A requirement under subsection (4)— The period specified under paragraph (b) must begin no earlier than the time when the requirement is imposed and must end no later than the expiry of the notice under this section.
must be in writing;
must specify the period to which the requirement relates;
must specify the date or dates on or by which the required information is to be provided.
In this section—
The offences are—
an offence under any of the following sections of the Sexual Offences Act 2003— sections 5 to 8 (rape and other offences against children under 13); sections 9 to 13 (child sex offences); sections 16 to 19 (abuse of position of trust); sections 25 and 26 (familial child sex offences); sections 47 to 50 (abuse of children through sexual exploitation);
an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);
an offence under any of the following sections of the Sexual Offences Act 2003— sections 1 to 4 (rape, assault and causing sexual activity without consent); sections 30 to 41 (persons with a mental disorder impeding choice, inducements etc to persons with a mental disorder, and care workers for persons with a mental disorder); section 59A (trafficking people for sexual exploitation); section 61 (administering a substance with intent); sections 66 , 66A, 66B(2) and (3) and 67 (exposure , sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification and voyeurism).
an offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).
A person issued with a notice under section 116 may appeal against it to a magistrates' court.
An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.
Where there is an appeal against a notice under section 116, then until the appeal is finally determined or withdrawn—
no requirement may be imposed under subsection (4) of that section in relation to the premises in question;
any such requirement already imposed is of no effect.
A magistrates' court hearing an appeal against a notice under section 116 must—
quash the notice,
modify the notice, or
dismiss the appeal.
An offence is committed by a person who fails without reasonable excuse to comply with a requirement imposed on the person under section 116(4).
An offence is committed by a person who, in response to a requirement imposed on the person under section 116(4), provides incorrect information which the person—
did not take reasonable steps to verify or to have verified, or
knows to be incorrect.
A person does not commit an offence under subsection (2)(a) if there were no steps that the person could reasonably have taken to verify the information or to have it verified.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender orders), after subsection (5) there is inserted—
In section 147(5) of that Act (orders etc subject to affirmative resolution procedure), after paragraph (d) there is inserted—.
In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection (5) (meaning of “relevant offence”) after “a specified offence” there is inserted “ , or the offence of murder, ”.
The Family Law Act 1996 is amended as follows.
After section 63C there is inserted—
For subsections (1) to (3) of section 63E there is substituted—
In section 63J(2), for “the order” there is substituted “ a forced marriage protection order ”.
The following are repealed—
section 63G(6) and (7);
section 63H;
section 63I;
section 63J(1);
in section 63K(1) the words “under section 63I(3) or”;
section 63L(4)(a).
This section applies only in relation to conduct occurring on or after the day on which it comes into force.
In relation to an offence committed before 2 May 2022, the reference to 12 months in section 63CA(5)(b) of the Family Law Act 1996 (inserted by subsection (2) above) is to be read as a reference to six months.
A person commits an offence under the law of England and Wales if he or she—
uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage, and
believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage without free and full consent.
In relation to a victim who lacks capacity to consent to marriage, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form coercion).
A person commits an offence under the law of England and Wales if he or she—
practises any form of deception with the intention of causing another person to leave the United Kingdom, and
intends the other person to be subjected to conduct outside the United Kingdom that is an offence under subsection (1) or would be an offence under that subsection if the victim were in England or Wales.
“Marriage” means any religious or civil ceremony of marriage (whether or not legally binding).
A person commits an offence under the law of England and Wales if he or she carries out any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday (whether or not the conduct amounts to violence, threats, any other form of coercion or deception, and whether or not it is carried out in England and Wales).
“Lacks capacity” means lacks capacity within the meaning of the Mental Capacity Act 2005.
It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) or subsection (3A) is directed at the victim of the offence under either of those subsections or another person.
A person commits an offence under subsection (1) or (3) only if, at the time of the conduct or deception—
the person or the victim or both of them are in England or Wales,
neither the person nor the victim is in England or Wales but at least one of them is habitually resident in England and Wales, or
neither the person nor the victim is in the United Kingdom but at least one of them is a UK national.
“Child” means a person under the age of 18 years.
“UK national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
a person who under the British Nationality Act 1981 is a British subject; or
a British protected person within the meaning of that Act.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine or both;
on conviction on indictment, to imprisonment for a term not exceeding 7 years.
In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (9)(a) is to be read as a reference to six months.
A person commits an offence under subsection (3A) only if—
the conduct is for the purpose of causing the child to enter into a marriage in England or Wales,
at the time of the conduct, the person or child is habitually resident in England and Wales, or
at the time of the conduct, the child is a United Kingdom national who—
has been habitually resident in England and Wales, and
is not habitually resident or domiciled in Scotland or Northern Ireland.
A person commits an offence under the law of Scotland if he or she—
uses violence, threats or any other form of coercion for the purpose of causing another person to enter into a marriage or civil partnership, and
believes, or ought reasonably to believe, that the conduct may cause the other person to enter into the marriage or civil partnership without free and full consent.
In relation to a victim who is incapable of consenting to marriage or civil partnership by reason of mental disorder, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage or civil partnership (whether or not the conduct amounts to violence, threats or any other form coercion).
A person commits an offence under the law of Scotland if he or she—
practises any form of deception with the intention of causing another person to leave the United Kingdom, and
intends the other person to be subjected to conduct outside the United Kingdom that is an offence under subsection (1) or would be an offence under that subsection if the victim were in Scotland.
“Marriage” means any religious or civil ceremony of marriage (whether or not legally binding).
“Mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
“Civil partnership” includes—
a civil partnership which exists by virtue of the Civil Partnership Act 2004, and
a purported civil partnership.
It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) is directed at the victim of the offence under that subsection or another person.
A person commits an offence under subsection (1) or (3) only if, at the time of the conduct or deception—
the person or the victim or both of them are in Scotland,
neither the person nor the victim is in Scotland but at least one of them is habitually resident in Scotland, or
neither the person nor the victim is in the United Kingdom but at least one of them is a UK national.
“UK national” means an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;
a person who under the British Nationality Act 1981 is a British subject; or
a British protected person within the meaning of that Act.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine or both.
Schedule 6A (anonymity of victims of forced marriage) has effect.
In section 50 of the Police Act 1996 (regulations for police forces), after subsection (2ZA) there is inserted—
In section 51 of that Act (regulations for special constables), after subsection (2ZA) there is inserted—
In section 53A of that Act (regulation of procedures and practices)—
after subsection (1) there is inserted—;
subsections (2), (3), (4), (6), (7) and (10) are repealed;
in subsection (9), for “the first regulations to be made” there is substituted “ regulations ”.
In section 63 of that Act (Police Advisory Board for England and Wales, etc), in subsection (3)(a), before “with respect to” there is inserted “to which section 50(2ZC) applies or regulations”.
In section 97 of the Criminal Justice and Police Act 2001 (regulations about police training etc)—
after subsection (1) there is inserted—;
subsection (4) is repealed.
Section 39A of the Police Act 1996 (codes of practice for chief officers) is amended as follows.
For subsection (1) there is substituted—
In subsection (2), for “The Secretary of State may” there is substituted “ The College of Policing may, with the approval of the Secretary of State, ”.
For subsection (4) there is substituted—
In subsection (5), for “him” there is substituted “ the College of Policing ”.
After section 53D of the Police Act 1996 there is inserted—
After section 40B of the Police Act 1996 there is inserted—
After section 95 of the Police Act 1996 there is inserted—
After section 100 of the Police Act 1996 there is inserted—
After section 100A of the Police Act 1996 (inserted by section 128 above) there is inserted—
In Part 2 of the Police Reform Act 2002 (complaints and misconduct), before section 26C (inserted by section 11 of the Crime and Courts Act 2013) there is inserted—
The Police Negotiating Board for the United Kingdom is abolished.
Sections 61 and 62 of the Police Act 1996 (the Police Negotiating Board for the United Kingdom, and its functions with respect to regulations) are repealed.
The Secretary of State may secure the reimbursement of payments made under section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or Department of Justice in Northern Ireland towards expenses incurred by the Police Negotiating Board for the United Kingdom) to the extent that, by reason of the abolition of the Board, the payments are not needed.
After Part 3 of the Police Act 1996 there is inserted—
After Schedule 4A to that Act there is inserted the Schedule set out in Schedule 7 to this Act.
An order under section 185(7) may include provision requiring the first members of the Police Remuneration Review Body to be, or to include, persons of a particular description.
After section 52 of the Police Act 1996 there is inserted—
In section 63 of that Act (Police Advisory Board for England and Wales, etc), in subsection (3)(a), for “regulations with respect to any of the matters mentioned in section 61(1)” there is substituted “ regulations of a kind referred to in section 52A(1) ”.
In section 1 of the Police Pensions Act 1976 (police pensions regulations)—
in subsection (1), for “the Police Negotiating Board for the United Kingdom” there is substituted “ the appropriate advisory or negotiating body ”;
after that subsection there is inserted—
In section 52 of the Police Act 1996 (regulations for police cadets), at the end there is inserted—
The Secretary of State shall—
In section 25 of the Police (Northern Ireland) Act 1998 (regulations for the Police Service of Northern Ireland)—
in subsection (8), the words “, other than regulations made by virtue of subsection (2)(j), (k) or (l)” are omitted;
after that subsection there is inserted—
After that section there is inserted—
In section 41 of the Police (Northern Ireland) Act 2000 (police trainees and police reserve trainees)—
at the end of subsection (6) there is inserted “, other than regulations to which subsection (8) applies”;
after that subsection there is inserted—
In section 12 of the Police Reform Act 2002 (complaints, matters and persons to which Part 2 applies), at the end there is inserted—
In Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc), paragraph 19 (investigations by the Independent Police Complaints Commission itself) is amended as follows.
shall apply
After sub-paragraph (6) there is inserted—
After paragraph 19 of Schedule 3 to the Police Reform Act 2002 there is inserted—
The Commission may notify the appropriate authority that it must, in accordance with regulations under section 50 or 51 of the 1996 Act, determine— On receipt of a notification under sub-paragraph (3) the appropriate authority shall make those determinations and submit a memorandum to the Commission setting out the determinations the authority has made. On receipt of a memorandum under sub-paragraph (4), the Commission shall—
Paragraph 27 of that Schedule (duties with respect to disciplinary proceedings) is amended as follows.
In sub-paragraph (1), at the end there is inserted; or
After sub-paragraph (3) there is inserted—
After paragraph 28 of Schedule 3 to the Police Reform Act 2002 there is inserted—
Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act 2011 (appointment of chief constables) is amended as follows.
In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the United Kingdom” there is substituted “ is eligible for appointment ”.
After sub-paragraph (1) there is inserted—
Section 42 of that Act (appointment of Commissioner of Police of the Metropolis) is amended as follows.
In subsection (3), for “is, or has been, a constable in any part of the United Kingdom” there is substituted “ is eligible for appointment ”.
After subsection (3) there is inserted—
In Schedule 2 to the Police Reform and Social Responsibility Act 2011 (chief constables), after paragraph 7 there is inserted—
In Schedule 4 to that Act (Commissioner of Police of the Metropolis), after paragraph 4 there is inserted—
In section 46 of the Police Act 1996 (police grant), in subsection (1), for the words from “for each financial year” to the end of paragraph (b) there is substitutedfor each financial year— .
The words “for police purposes” are omitted—
in subsection (1) of section 47 of the Police Act 1996 (grants for capital expenditure);
in subsection (2) of section 92 of that Act (grants by local authorities).
A local policing body may provide or arrange for the provision of—
services that in the opinion of the local policing body will secure, or contribute to securing, crime and disorder reduction in the body's area;
services that are intended by the local policing body to help victims or witnesses of, or other persons affected by, offences and anti-social behaviour;
services of a description specified in an order made by the Secretary of State.
An order under subsection (1)(c) may make different provision for different areas.
A local policing body arranging for the provision of services under this section may make grants in connection with the arrangements. A grant may be subject to any conditions (including conditions as to repayment) that the local policing body thinks appropriate.
In this section—
In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting)—
in subsections (5A) and (5B), for the words after “investigation” in paragraph (b) there is substitutedbut ;
after subsection (5B) there is inserted—
In section 63 of that Act (non-intimate samples)—
at the end of subsection (3ZA)(b) there is inserted “, or;
in subsection (3A)(b), for “insufficient; or” there is substitutedinsufficient, or ;
after subsection (3A) there is inserted—
For section 63P of the Police and Criminal Evidence Act 1984 (section 63D material obtained for one purpose and used for another) there is substituted—
The amendment made by subsection (1) applies even where the event referred to in subsection (1)(b) of the substituted section 63P occurs before the day on which this section comes into force.
In section 63U of the Police and Criminal Evidence Act 1984 (fingerprints and samples etc: exclusions from destruction rules)—
in subsection (5) (material that is or may become disclosable to the defence), for “Sections 63D to 63Q, 63S and 63T” there is substituted “ Sections 63D to 63T ”;
after that subsection there is inserted—
In Schedule 8 to the Terrorism Act 2000 (detention of terrorist suspects etc), in paragraph 20I (substituted by paragraph 1 of Schedule 1 to the Protection of Freedoms Act 2012) (fingerprints and samples etc: exclusion from destruction rules of material that is or may become disclosable to the defence)—
for “Paragraphs 20A to 20F and 20H do not apply to paragraph 20A material” there is substituted “ Paragraphs 20A to 20H do not apply to material ”;
at the end of that paragraph (which becomes sub-paragraph (1)) there is inserted—
Schedule 8 (powers to seize invalid passports etc) has effect.
Schedule 9 (amendments of or relating to Schedules 7 and 8 to the Terrorism Act 2000) has effect.
In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (functions of the Chief Inspector of the Crown Prosecution Service), after subsection (3) there is inserted—
In section 3 of the Criminal Justice Act 1987 (disclosure of information by Serious Fraud Office)—
the word “and” before paragraph (c) of subsection (1) is omitted;
after that paragraph there is inserted; and ;
and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 91 of the Police Act 1997 (Surveillance Commissioners) is amended as follows.
In subsection (10), for “sections 104 and 106” there is substituted “section 104”.
After subsection (10) there is inserted—
In Part 5 of the Police Act 1997 (criminal record certificates etc), in section 125 (regulations), after subsection (1) there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Police Reform and Social Responsibility Act 2011 is amended as follows.
After section 142 there is inserted—
In section 143 (prohibited activities in controlled area of Parliament Square)—
in the heading, at the end there is inserted “or in Palace of Westminster controlled area”;
in subsection (2)(a), after “Parliament Square” there is inserted “ or in the Palace of Westminster controlled area ”.
In section 144 (directions under section 143: further provision), in subsection (5), after “Parliament Square” there is inserted “ , or the Palace of Westminster controlled area, ”.
In section 145 (power to seize property)—
in subsection (1), at the end there is inserted “in that area”;
after that subsection there is inserted—;
in subsection (2), at the end there is inserted “in that area”;
after that subsection there is inserted—;
in subsection (8), for “subsections (1) and (2)” there is substituted “ this section ”.
In section 146 (power of court on conviction)—
in subsection (1)(b), for “the controlled area of Parliament Square” there is substituted “ a relevant area ”;
in subsection (2), for “the controlled area of Parliament Square” there is substituted “ a relevant area ”;
after that subsection there is inserted—
In section 147 (authorisation for operation of amplified noise equipment), in subsection (1)—
after “Parliament Square” there is inserted “ or the Palace of Westminster controlled area ”;
after “that land” there is inserted “ (or any part of it) ”.
In section 148 (meaning of “authorised officer” and “responsible authority”)—
in subsection (2), after “Parliament Square” there is inserted “ , or in relation to any land in the Palace of Westminster controlled area other than Royal Park land, ”;
after subsection (3) there is inserted—
In section 149 (effect of Part on byelaws), in subsection (3), after “Parliament Square” there is inserted “ or the Palace of Westminster controlled area ”.
In the italic cross-heading before section 142, for “Garden and adjoining pavements” there is substituted “ etc ”.
In the heading of Part 3, for “Garden and surrounding area” there is substituted “ etc ”.
The Environmental Protection Act 1990 is amended as follows.
After section 88 (fixed penalty notices for leaving litter) there is inserted—
In section 161 (regulations, orders and directions), after subsection (2ZA) there is inserted—
In section 8 of the Extradition Act 2003 (date of extradition hearing etc: extradition to category 1 territory) after subsection (4) there is inserted—
In section 11 of the Extradition Act 2003 (bars to extradition), after paragraph (a) of subsection (1) there is inserted—.
After section 12 of that Act there is inserted—
In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.
In section 11 of the Extradition Act 2003 (bars to extradition), in subsection (5), for “21” there is substituted “ 21A ”.
After section 21 of that Act there is inserted—
In section 2 of that Act (Part 1 warrant and certificate), after subsection (7) there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.
Section 16 of the Extradition Act 2003 (extradition to category 1 territory barred by reason of hostage-taking considerations) is repealed.
In section 11 of that Act (bars to extradition), paragraph (e) of subsection (1) is omitted.
In a case where the Part 1 warrant (within the meaning of the Extradition Act 2003) has been issued before the time when the amendments made by this section come into force, those amendments apply to the extradition concerned only if, at that time, the judge has not yet decided all of the questions in section 11(1) of that Act.
Before section 22 of the Extradition Act 2003 there is inserted—
In section 26 of the Extradition Act 2003 (appeal against extradition order: category 1 territory)—
in subsection (3), for “section may” there is substitutedsection— ;
at the end of that subsection there is inserted, but ;
after subsection (4) there is inserted—
In section 28 of that Act (appeal against discharge at extradition hearing: category 1 territory)—
in subsection (4), for “section may” there is substitutedsection— ;
at the end of that subsection there is inserted, but
In section 103 of that Act (appeal where case sent to Secretary of State)—
in subsection (4), for “section may” there is substitutedsection— ;
at the end of that subsection there is inserted, but ;
after subsection (9) there is inserted—
In section 105 of that Act (appeal against discharge at extradition hearing: category 2 territory)—
in subsection (4), for “section may” there is substitutedsection— ;
at the end of that subsection there is inserted, but
In section 108 of that Act (appeal against extradition order: category 2 territory)—
in subsection (3), for “section may” there is substitutedsection— ;
at the end of that subsection there is inserted, but ;
after subsection (7) there is inserted—
In section 110 of that Act (appeal against discharge by Secretary of State)—
in subsection (4), for “section may” there is substitutedsection— ;
at the end of that subsection there is inserted, but
After section 36A of the Extradition Act 2003 there is inserted—
After section 118B of that Act there is inserted—
In section 39 of the Extradition Act 2003 (asylum claim: extradition to category 1 territory)—
subsections (1) and (2) are repealed;
the person
In section 121 of that Act (asylum claim: extradition to category 2 territory)—
subsections (1) and (2) are repealed;
the person
In section 93 of that Act (Secretary of State's consideration of case)—
in subsection (4)(c), after “he orders the person's discharge” there is inserted “ under subsection (6A) or ”;
after subsection (6) there is inserted—
In the Extradition Act 2003 the following provisions are repealed—
section 45(3);
section 128(5).
For sections 64 and 65 of the Extradition Act 2003 there is substituted—
In section 66 (supplementary provision for the purposes of sections 64 and 65) after subsection (1) there is inserted—
In section 137 of that Act (definition of extradition offence for the purposes of Part 2 of the Act: person not sentenced for offence) for subsections (1) to (5) there is substituted—
After subsection (7) of that section there is inserted—.
In section 138 of that Act (definition of “extradition offence” for the purposes of Part 2 of the Act: person sentenced for offence) for subsections (1) to (5) there is substituted—
After subsection (7) of that section there is inserted—.
In section 142 of the Extradition Act 2003 (issue of Part 3 warrant), for subsection (2A) there is substituted—
This is subject to section 151B.
After section 151A of that Act there is inserted—
In section 180 of the Extradition Act 2003 (proceedings on deferred warrant or request)—
in subsection (1), at the end of paragraph (b) there is inserted “in the person's favour”;
after subsection (9) there is inserted—
In section 181 of that Act (proceedings where extradition deferred)—
in subsection (1), at the end of paragraph (b) there is inserted “in the person's favour”;
after subsection (9) there is inserted—
After section 189 of the Extradition Act 2003 there is inserted—
For section 193 of the Extradition Act 2003 there is substituted—
In section 204 of the Extradition Act 2003 (warrant issued by category 1 territory: transmission by electronic means), in subsection (5)—
for “subsection (1), a” there is substitutedsubsection (1)— ;
at the end there is inserted—
In section 49 of the Prison Act 1952 (persons unlawfully at large), after subsection (3) there is inserted—
Section 210 of the Criminal Procedure (Scotland) Act 1995 (consideration of time spent in custody) is amended as follows.
In subsection (1)—
in paragraph (a), after “United Kingdom” there is inserted “ otherwise than from a category 1 territory ”;
in paragraph (c)(ii), for “for the purposes of this section” there is substituted “ who was extradited to the United Kingdom otherwise than from a category 1 territory ”.
After subsection (1) there is inserted—
After subsection (2) there is inserted—
Subsection (3) is repealed.
In section 38 of the Prison Act (Northern Ireland) 1953 (arrest, etc, of persons unlawfully at large), for subsection (3) there is substituted—
In paragraph (c) “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.
In section 68 of the Courts Act 2003 (Criminal Procedure Rules: meaning of “criminal court”), at the end there is inserted—
In section 1 of the Civil Procedure Act 1997 (Civil Procedure Rules), in subsection (1)(b), after “the High Court” there is inserted “ except in relation to its jurisdiction under the Extradition Act 2003 ”.
In section 157 of the Extradition Act 2003 (production orders), after subsection (8) there is inserted—
In section 160 of that Act (warrants: special procedure material and excluded material), after subsection (9) there is inserted—
In section 133 of the Criminal Justice Act 1988 (compensation for miscarriages of justice) after subsection (1) there is inserted—
Subsection (1ZA) of section 133 of the Criminal Justice Act 1988 has effect in relation to—
any application for compensation made under subsection (2) of that section on or after the day on which this section comes into force, and
any application for compensation made before that day in relation to which the question whether there is a right to compensation has not been finally determined before that day by the Secretary of State under subsection (3) of that section.
The Magistrates' Courts Act 1980 is amended as follows.
In section 2 (trial of summary offences), in subsection (3)(a) for “22” there is substituted “ 22A ”.
After section 22 there is inserted—
In section 143 (power to alter sums specified in certain provisions)—
after subsection (2)(a) there is inserted—;
the word “or” after paragraph (a) of subsection (3) is omitted;
after subsection (3)(a) there is inserted—.
The Criminal Attempts Act 1981 is amended as follows—
in section 1 (attempting to commit an offence) after subsection (4) there is inserted—;
in section 4 (trial and penalties) in paragraph (c) of subsection (1), after “either way,” there is inserted “or is low-value shoplifting (which is defined in, and is triable only summarily by virtue of, section 22A of the Magistrates' Courts Act 1980),”.
Any reference in the Police and Criminal Evidence Act 1984 to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).
In section 84 of the Armed Forces Act 2006 (definitions), after subsection (2) there is inserted—
The amendments made by this section have effect in relation to—
low-value shoplifting (which is defined in section 22A(3) of the 1980 Act) committed on or after the day on which this section comes into force, and
low-value shoplifting committed before that day in respect of which proceedings have not yet been instituted.
The defence of marital coercion is abolished.
Accordingly, section 47 of the Criminal Justice Act 1925 (coercion of married woman by husband) is repealed.
This section does not have effect in respect of an offence alleged to have been committed before the date on which it comes into force.
The Serious Organised Crime and Police Act 2005 is amended as follows.
In section 82 (protection of persons involved in investigations or proceedings)—
in the heading, for “of persons involved in investigations or proceedings” there is substituted “ arrangements for persons at risk ”;
in subsection (1), for the words from “a person” to “United Kingdom” there is substituted “ any person if he reasonably believes that the person's safety is at risk in view of the criminal conduct or possible criminal conduct of another person ”;
after subsection (5) there is inserted—;
subsection (6) is repealed.
Sections 91 and 92 are repealed.
In section 93, paragraph (b) of subsection (1) and the word “or” before it are repealed.
In section 172, paragraph (e) of subsection (5) is repealed.
Schedule 5 is repealed.
Nothing in this section affects arrangements made before the commencement of this section for the purpose of protecting a person under section 82(1) of the 2005 Act.
In section 82 of the Magistrates' Courts Act 1980 (restriction on power to impose imprisonment for default), after subsection (1) there is inserted—
In section 85 of that Act (power to remit fine), after subsection (3) there is inserted—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsections (2) and (3) apply in any case where the fine, or part of it, is remitted on or after the day on which this section comes into force.
In prescribing a fee under an enactment specified in subsection (2), the Lord Chancellor may with the consent of the Treasury prescribe a fee of an amount which is intended to exceed the cost of anything in respect of which the fee is charged.
The enactments are—
section 92 of the Courts Act 2003 (Senior Courts, county courts and magistrates' courts fees);
section 54 of the Mental Capacity Act 2005 (Court of Protection fees);
section 58(4)(b) of that Act (Public Guardian fees);
section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees).
Before prescribing a fee by virtue of subsection (1) under an enactment specified in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard to—
the financial position of the courts and tribunals for which the Lord Chancellor is responsible, including in particular any costs incurred by those courts and tribunals that are not being met by current fee income, and
the competitiveness of the legal services market.
For the purposes of subsection (3)(a), the courts and tribunals for which the Lord Chancellor is responsible are the courts listed in section 1(1) of the Courts Act 2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and Enforcement Act 2007.
A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental Capacity Act 2005 must be used to finance the efficient and effective discharge of functions of the Public Guardian.
A fee prescribed by virtue of subsection (1) under any other enactment specified in subsection (2) must be used to finance an efficient and effective system of courts and tribunals.
A statutory instrument— may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.
containing an order or regulations under an enactment specified in subsection (2), and
setting a fee in excess of the cost of anything in respect of which the fee is charged,
But subsection (7) does not apply if the statutory instrument only adjusts a fee to reflect changes in the value of money.
Schedule 11 (minor and consequential amendments) has effect.
The Secretary of State may by order make consequential amendments to provisions contained in or made under any Act. “Consequential amendments” here means amendments that are consequential on any provision of this Act, other than the provisions listed in subsection (4) as they apply in Wales.
The Secretary of State may by order make amendments to sections 136 and 142 of the Sexual Offences Act 2003 that are consequential on the coming into force of any amendment of Part 2 of that Act made by the Criminal Justice Act (Northern Ireland) 2013.
The Welsh Ministers may by order make consequential amendments to provisions contained in or made under any Act or any Measure or Act of the National Assembly for Wales. “Consequential amendments” here means amendments that are consequential on any of the following provisions as they apply in Wales—
sections 94 to 98 and Schedule 3;
section 100;
paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11.
A power under this Act to make an order or regulations is exercisable by statutory instrument, but this does not apply to a power of the Scottish Ministers to make an order under section 185.
A statutory instrument containing— may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.
an order under section 5(5),
an order under section 53(4),
regulations under section 116(5)(b), or
regulations under section 83A,
an order under section 181(2) that amends an Act,
A statutory instrument containing an order under section 181(4) that amends an Act or a Measure or Act of the National Assembly for Wales may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
A statutory instrument containing— is subject to annulment in pursuance of a resolution of either House of Parliament.
an order under this Act made by the Secretary of State, other than an order within subsection (2) or an order under section 181(3) or 185, or
regulations under this Act made by the Secretary of State, other than regulations within subsection (2),
A statutory instrument containing— is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
an order under this Act made by the Welsh Ministers, other than an order within subsection (3) or an order under section 185, or
regulations under this Act made by the Welsh Ministers,
An order or regulations under this Act (other than an order under section 185) may make saving, transitional, transitory, supplementary or consequential provision.
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
The following provisions extend to England and Wales only—
Parts 1 to 6;
section 106 except subsections (2)(a)(ii) and (6);
section 114;
sections 116 to 119;
sections 120 and 121;
sections 123 to 130;
section 133(1), (2) and (4);
sections 135 to 143;
sections 144, 145 and 146(1);
sections 149 and 151;
section 152 and Schedule 10;
sections 153 and 154;
sections 166, 171 and 174;
section 176 except subsection (7);
sections 177 and 179.
The following provisions extend to England and Wales and Scotland (but not Northern Ireland)—
sections 106(2)(a)(ii) and (6) and 107;
sections 108 to 110 and 112;
section 133(3);
section 178.
The following provisions extend to England and Wales and Northern Ireland (but not Scotland)—
section 115 and Schedule 6;
section 132 and Schedule 7;
section 175.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
section 111;
section 113 and Schedule 5;
section 131;
section 133(5);
section 146(2);
section 147 and Schedule 8;
section 148 and Schedule 9;
section 150;
Part 12, except sections 166 and 171 to 174;
section 180.
Sections 122 and 172 extend only to Scotland.
Sections 134 and 173 extend only to Northern Ireland.
Section 176(7) has the same extent as section 84 of the Armed Forces Act 2006, and the powers conferred by section 384 of that Act (power to extend Act to the Channel Islands and powers to make provisions of that Act apply with modifications in relation to the Channel Islands, British overseas territories and the Isle of Man) are exercisable in relation to the amendment of that Act made by section 176(7) of this Act.
An amendment, repeal or revocation made by Schedule 11 has the same extent as the relevant part of the Act or instrument amended, repealed or revoked.
The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to make provisions of that Act apply in relation to British overseas territories, the Channel Islands and the Isle of Man) are exercisable in relation to any amendment of that Act made by this Act.
This Act comes into force on whatever day or days the Secretary of State appoints by order.
Subsection (1) does not apply to—
sections 150, 175, 180, 181(2) and (4) and 182 to 186, which come into force on the day on which this Act is passed;
sections 151 and 177, which come into force at the end of the period of 2 months beginning with that day;
the provisions listed in subsection (3) as they apply in Wales;
section 149;
section 122.
The following provisions, as they apply in Wales, come into force on whatever day or days the Welsh Ministers appoint by order—
sections 94 to 98 and Schedule 3;
section 100;
paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11 (and section 181(1) so far as it relates to those paragraphs).
Different days may be appointed under subsection (1) or (3) for different purposes or different areas.
Section 149 comes into force on whatever day the Attorney General appoints by order.
Section 122 comes into force on whatever day the Scottish Ministers appoint by order.
The Secretary of State may by order make whatever saving, transitional or transitory provision (in addition to the provision in sections 21, 33, 42, 58 and 93) the Secretary of State thinks appropriate in connection with the coming into force of any provision of this Act, other than the provisions listed in subsection (3) as they apply in Wales.
The Welsh Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection with the coming into force in Wales of the provisions listed in subsection (3) as they apply in Wales.
The Scottish Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection with the coming into force of section 122.
An order under this section bringing into force on a particular day a provision which refers to the Police Negotiating Board for Scotland may, if it appears to the Secretary of State that no body of that name will be in existence on that day, bring the provision into force subject to whatever consequential amendment or transitional provision the Secretary of State thinks appropriate.
This Act may be cited as the Anti-social Behaviour, Crime and Policing Act 2014.