Crime and Security Act 2010
Section 3 of the Police and Criminal Evidence Act 1984 (duty to make records concerning searches) is amended as follows.
In subsection (1), for “he shall make a record of it” there is substituted “ a record of the search shall be made ”.
For subsection (2) there is substituted—
Subsections (3) to (5) (record of search to include person's name and description of person or vehicle) are repealed.
In subsection (6)—
in paragraph (a), for sub-paragraphs (v) and (vi) there is substituted—;
in paragraph (b), for “making it” there is substituted “ who carried out the search ”.
After subsection (6) there is inserted—
In subsection (7), for the words from the beginning to “it,” there is substituted “ If a record of a search of a person has been made under this section, ”.
In subsection (8), for paragraph (b) there is substituted—.
In subsection (9) (time within which copy of search may be requested) for “12 months” there is substituted “ 3 months ”.
“ DNA profile ” means any information derived from a DNA sample;
In the Police and Criminal Evidence Act 1984, in section 61 (fingerprinting), after subsection (5) there is inserted—
The Inheritance Tax Act 1984 is amended as follows. In section 71A (trusts for bereaved minors)— In section 71D (age 18-to-25 trusts), in subsection (2), after paragraph (b) there is inserted “or.
In section 11 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal to Upper Tribunal), in subsection (5) (excluded decisions), after paragraph (a) there is inserted—.
In that section, after subsection (5A) (as inserted by subsection (1) above) there is inserted—
In that section, for subsection (6) there is substituted—
In that section, for subsection (8B) there is substituted—
In section 63 of that Act (non-intimate samples), after subsection (3) there is inserted—
In that section, for subsection (3A) there is substituted—
In that section, for subsection (3B) there is substituted—
In that section, in subsection (9A)—
after “shall not apply to” there is inserted “ (a) ”;
; or
In section 1 of the Criminal Evidence (Amendment) Act 1997 (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc)—
in subsection (3)(b), at the beginning there is inserted “ he has at any time served or ”;
in subsection (4)(b)—
at the beginning there is inserted “ he has at any time been detained or ”;
sub-paragraph (ii) and the preceding “or” are repealed.
In section 2 of that Act (persons detained following acquittal on grounds of insanity or finding of unfitness to plead), in subsections (3)(a) and (4)(a), at the beginning there is inserted “ he has at any time been detained or ”.
In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting), after subsection (6C) there is inserted—
In section 62 of that Act (intimate samples), after subsection (2) there is inserted—
In section 63 of that Act (non-intimate samples), for subsections (6) to (8A) there is substituted—
In section 732 of the Income Tax (Trading and Other Income) Act 2005 (compensation awards), in subsections (1) and (2), at the end there is inserted “ or the Victims of Overseas Terrorism Compensation Scheme ”.
In that section, in subsection (3), after “or (1A)” there is inserted “ or (2A) ”.
In that section, in subsection (9) (requirement to record matters on custody record), for “subsection (8) or (8A) or (8B)” there is substituted “ subsection (6) or (8B) ”.
“ DNA sample ” means any material that has come from a human body and consists of or includes human cells;
In section 63 of that Act (non-intimate samples), after subsection (3D) there is inserted—
“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;
In the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)), in Article 61 (fingerprinting), after paragraph (5) there is inserted—
In Article 62 of that Order (intimate samples), after paragraph (2) there is inserted—
In Article 63 of that Order (non-intimate samples), for paragraphs (6) to (8A) there is substituted—
In that section, at the end there is inserted—
In that Article, after paragraph (5A) (as inserted by subsection (1) above) there is inserted—
In that Article, in paragraph (3), after “or (1A)” there is inserted “ or (2A) ”.
In that Article, in paragraph (9) (requirement to record matters on custody record), for “paragraph (8), (8A) or (8B)” there is substituted “ paragraph (6) or (8B) ”.
In that Article, for paragraph (6) there is substituted—
In that Article, for paragraph (8A) there is substituted—
“terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.
In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting), for subsection (7) there is substituted—
In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting), after paragraph (6C) there is inserted—
Section 42(8)
The Private Security Industry Act 2001 is amended as follows.
For the italic heading before section 3 (“Licence requirement”) there is substituted “ Licensing of individuals ”.
Section 3 (conduct prohibited without a licence) is amended as follows. For the heading there is substituted “ Individual licensing requirement ”. In subsection (1)— In subsection (2)— In that subsection, in paragraph (j)—
Section 4 (exemptions from licensing requirement) is amended as follows. In the heading, after “from” there is inserted “ individual ”. In subsection (1)(a), for “licensable conduct” there is substituted “ conduct licensable under section 3 ”. In subsection (1)(b), for “this Act” there is substituted “ section 3 ”. In subsection (3), at the end there is inserted “ under section 3 ”. In subsection (4)(b), after “a licence” there is inserted “ under section 3 ”. In subsections (6) and (7), for “licensable conduct” there is substituted “ conduct licensable under section 3 ”.
Before section 5 there is inserted— “ Offences relating to use of unlicensed persons ”.
Section 5 (offence of using unlicensed security operative) is amended as follows. In subsection (1)(c)— In subsection (2)(a), after “a licence” there is inserted “ under section 3 ”. In subsection (2)(b)— In subsection (3), after “a licence” there is inserted “ under section 3 ”.
Section 6 (offence of using unlicensed wheel-clampers) is amended as follows. In subsection (1)(a)— In subsection (1)(b)— In subsection (2)(a)— In subsection (2)(b)— In subsection (3)—
In section 8 (licences), at the end there is inserted—
In section 19 (powers of entry and inspection), in subsection (8), for paragraph (b) there is substituted—.
After section 23 there is inserted—
In section 25 (interpretation), subsection (1) is amended as follows. In the definition of “licence”, after “means” there is inserted “ (unless otherwise specified) ”. a person engages in “licensable conduct” if he engages in conduct which is licensable under section 3 or 4A;
In that section, in subsection (7A)—
for “subsection (6A)”, in the first place, there is substituted “ subsection (4A), (6A) ”;
in paragraph (a), for the words from “(or” to “constable)” there is substituted “ (or, where by virtue of subsection (4A), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) ”.
Section 48(4)
In that section, in subsection (8) (requirement to record reason for taking fingerprints on custody record), for “the reason for taking them” there is substituted “ the matters referred to in subsection (7)(a)(i) to (iii) above ”.
In section 62 of that Act (intimate samples), for subsections (5) to (7A) there is substituted—
In Article 63 of that Order (non-intimate samples), after paragraph (3) there is inserted—
In that section, in subsection (8), the words “or (7A)” are repealed.
In that Article, for paragraph (3A) there is substituted—
In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by detention officers), in paragraph 30 (warnings about intimate samples), for “section 62(7A)(a)” there is substituted “ section 62(5)(c) ”.
In that Article (non-intimate samples), for paragraph (3B) there is substituted—
In that Article, paragraph (10) is repealed.
In section 63A of the Police and Criminal Evidence Act 1984 (supplementary), after subsection (1D) there is inserted—
In Schedule 4 to the International Criminal Court Act 2001 (taking of fingerprints or non-intimate samples), in paragraph 7(3)(a), after “section 63A(1)” there is inserted “ , (1E) or (1F) ”.
In section 63A of the Police and Criminal Evidence Act 1984 (fingerprinting and samples: supplementary provisions), for subsections (4) to (8) there is substituted—
In that Act, after Schedule 2 there is inserted—
In that Act, in section 27 (fingerprinting of certain offenders), subsections (1) to (3) are repealed.
In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by detention officers)—
in paragraph 25 (attendance at police station for fingerprinting), for “section 27(1) of the 1984 Act (fingerprinting of suspects)” there is substituted “ Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) ”;
in paragraph 32 (attendance at police station for the taking of a sample), for the words from “subsection (4)” to “samples)” there is substituted “ Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) ”.
After section 65 of the Police and Criminal Evidence Act 1984 there is inserted—
In Article 63 of that Order (other samples), after paragraph (3C) there is inserted—
“offence”, in relation to any country or territory outside Northern Ireland, includes an act punishable under the law of that country or territory, however it is described;
In that Article, at the end there is inserted—
In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting), for paragraph (7) there is substituted—
In that Article, in paragraph (7A)—
for “paragraph (6A)”, in the first place, there is substituted “ paragraph (4AA), (6A) ”;
in paragraph (a), for the words from “(or” to “constable)” there is substituted “ (or, where by virtue of paragraph (4AA), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) ”.
In that Article, in paragraph (8) (requirement to record reason for taking fingerprints on custody record), for “the reason for taking them” there is substituted “ the matters referred to in paragraph (7)(a)(i) to (iii) ”.
In Article 62 of that Order (intimate samples), for paragraphs (5) to (7A) there is substituted—
In that Article, in paragraph (8), the words “or (7A)” are repealed.
In the Police (Northern Ireland) Act 2003, in Part 2 of Schedule 2 (powers exercisable by detention officers), in paragraph 16 (warnings about intimate samples), for “Article 62(7A)(a)” there is substituted “ Article 62(5)(c) ”.
In Article 63A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (supplementary), after paragraph (1D) there is inserted—
In Schedule 4 to the International Criminal Court Act 2001 (taking of fingerprints or non-intimate samples), in paragraph 7(3)(b), after “Article 63A(1)” there is inserted “ , (1E) or (1F) ”.
In Article 63A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting and samples: supplementary provisions), for paragraphs (4) to (8) there is substituted—
In that Order, after Schedule 2 there is inserted—
In that Order, in Article 29 (fingerprinting of certain offenders), paragraphs (1) to (3) are repealed.
In the Police (Northern Ireland) Act 2003, in Part 2 of Schedule 2 (powers exercisable by detention officers)—
in paragraph 11 (attendance at police station for fingerprinting), for “Article 29(1) of the 1989 Order (fingerprinting of offenders)” there is substituted “ Schedule 2A to the 1989 Order (fingerprinting and samples: power to require attendance at a police station) ”;
in paragraph 19 (attendance at police station for the taking of a sample), for the words from “paragraph (4)” to “samples)” there is substituted “ Schedule 2A to the 1989 Order (fingerprinting and samples: power to require attendance at a police station) ”.
After Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (interpretation) there is inserted—
Amend Article 89 of that Order (orders and regulations) as follows—
in paragraph (1)—
after “made” insert “by the Secretary of State”; and
after “Article” insert “53A or”;
in paragraph (2)—
after “Article 53,” insert “53A,”; and
for “or 66,” insert “, 66 or 81”.
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For section 64 of the Police and Criminal Evidence Act 1984 (destruction of fingerprints and samples) there is substituted—
After section 64 of that Act (as substituted by subsection (1) above) there is inserted—
In section 65 of that Act, in subsection (1)—
after the definition of “appropriate consent” there is inserted—;
after the definition of “terrorism” there is inserted—
In that section, after subsection (2) there is inserted—
For Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (destruction of fingerprints and samples) there is substituted—
After Article 64 of that Order (as substituted by subsection (1) above) there is inserted—
In Article 53 of that Order, in paragraph (1)—
“DNA profile” means any information derived from a DNA sample; “DNA sample” means any material that has come from a human body and consists of or includes human cells;
“terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.
In that Article, after paragraph (3) there is inserted—
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This section applies to the following material—
relevant physical data or samples taken under section 18(2), (6) or (6A) of the 1995 Act (prints, samples etc. in criminal investigations), and
a DNA profile derived from a DNA sample falling within paragraph (a).
Material retained under this section must not be used other than—
in the interests of national security, or
for the purposes of a terrorist investigation.
Material to which this section applies may be retained—
if the chief constable determines that it is necessary for the material to be retained for the purposes of national security, and
for as long as the determination has effect.
A determination mentioned in subsection (3)—
has effect for a maximum of 2 years beginning with the date on which the material would (but for this section) first become liable for destruction under the 1995 Act,
may be renewed.
The reference in subsection (3) to the chief constable is a reference to the chief constable of the police force—
of which the constable who took (or directed the taking of) the material was a member, or
in the case of a DNA profile, of which the constable who took (or directed the taking of) the sample from which the profile was derived was a member.
Subsection (3) has effect despite any provision to the contrary in the 1995 Act.
The reference in subsection (2) to using material includes a reference to allowing any check to be made against it and to disclosing it to any person.
In this section—
After section 11B of the Parliamentary Commissioner Act 1967, there is inserted—
or
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Schedule 8 to the Terrorism Act 2000 (treatment of persons detained under section 41 or Schedule 7 of that Act) is amended as follows.
The Chief Constable or a person authorised by the Chief Constable or on the Chief Constable’s behalf must within 3 months of the request issue the person with a certificate recording the destruction.
In paragraph 11(1)(a), for “paragraph 14(4)” there is substituted “paragraph 14I(2)”.
In paragraph 15(1)—
for “paragraphs 10 to 14” there is substituted “paragraphs 10 to 14I”;
after paragraph (a) there is inserted—.
In the application of section 65(2A) of the Police and Criminal Evidence Act 1984 for the purposes of sub-paragraph (1) of this paragraph, the reference to the destruction of a sample under section 64ZA of that Act is a reference to the destruction of a sample under paragraph 14A of this Schedule.
In paragraph 15(2), for “paragraphs 10 to 14” there is substituted “paragraphs 10 to 14I”.
In the application of Article 53(3A) of the Police and Criminal Evidence (Northern Ireland) Order 1989 for the purposes of sub-paragraph (2) of this paragraph, the reference to the destruction of a sample under Article 64ZA of that Order is a reference to the destruction of a sample under paragraph 14A of this Schedule.
In paragraphs 14B to 14F, “recordable offence” has—
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Schedule 8 to the Terrorism Act 2000 is amended as follows.
In paragraph 20—
Material to which this sub-paragraph applies may be retained after it has fulfilled the purpose for which it was taken or derived. Sub-paragraph (3) applies to the following material— Sub-paragraph (3)— In this paragraph and paragraphs 20A to 20I—
sub-paragraph (4) is repealed.
After paragraph 20 there is inserted—
Paragraph 21 (as inserted by section 17(3) of the Counter-Terrorism Act 2008) is repealed.
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The Counter-Terrorism Act 2008 is amended as follows.
In section 11—
in subsection (6), for the words from “may be retained” to the end there is substituted “must be destroyed before the end of the period of 2 years beginning with the date on which the person ceases to be subject to a control order”;
after subsection (6) there is inserted—;
in subsection (7), after paragraph (a) there is inserted—;
in subsection (8)—
after the opening words there is inserted—;
the definition of “terrorist investigation” is repealed.
After section 11 there is inserted—
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Section 18 of the Counter-Terrorism Act 2008 (material not subject to existing statutory restrictions) is amended as follows.
For subsection (2) there is substituted—
In subsection (3)(c) for “subsection (2)” there is substituted “subsection (3J)”.
After subsection (3) there is inserted—
For subsection (4) there is substituted—
In subsection (5), at the end there is inserted—
In subsection (6)—
in paragraph (a), after “64” there is inserted “to 64ZN”;
in paragraph (b), after “64” there is inserted “to 64ZN”;
in paragraph (c), for “paragraph 14” there is substituted “paragraphs 14 to 14I”.
After section 18 of that Act there is inserted—
The Secretary of State must by order make provision for the destruction of—
fingerprints, samples and impressions of footwear taken prior to the commencement of each of sections 14, 15 and 17 to 21 which would have been destroyed if that section had been in force at the time they were taken, and
any DNA profile which would been destroyed if that section had been in force at the time the profile was derived.
If an order under section 113(1) of the Police and Criminal Evidence Act 1984 (application of that Act to Armed Forces) makes provision equivalent to sections 64 to 64ZN of that Act as substituted by section 14 above, the Secretary of State must by order make provision for the destruction of—
fingerprints, samples and impressions of footwear taken prior to the commencement of that order which would have been destroyed if that order had been in force at the time they were taken, and
any DNA profile which would been destroyed if that order had been in force at the time the profile was derived.
In this section—
An order under this section must be made by statutory instrument.
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
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The Secretary of State must make arrangements for a National DNA Database Strategy Board to oversee the operation of the National DNA Database.
The National DNA Database Strategy Board must issue guidance about the immediate destruction of DNA samples and DNA profiles which are, or may be, retained under—
the Police and Criminal Evidence Act 1984, or
the Police and Criminal Evidence (Northern Ireland) Order 1989.
The following must act in accordance with any guidance issued under this section—
any chief officer of a police force in England and Wales;
the Chief Constable of the Police Service of Northern Ireland.
The Secretary of State must publish the governance rules of the National DNA Database Strategy Board and lay a copy of the rules before Parliament.
The National DNA Database Strategy Board must make an annual report to the Secretary of State about the exercise of its functions.
The Secretary of State must publish the report and must lay a copy of the published report before Parliament.
The Secretary of State may exclude from publication any part of the report if in the opinion of the Secretary of State the publication of that part would be against the interests of national security.
A member of a police force not below the rank of superintendent (“the authorising officer”) may issue a domestic violence protection notice (“a DVPN”) under this section.
A DVPN may be issued to a person (“P”) aged 18 years or over if the authorising officer has reasonable grounds for believing that—
P has been violent towards, or has threatened violence towards, an associated person, and
the issue of the DVPN is necessary to protect that person from violence or a threat of violence by P.
Before issuing a DVPN, the authorising officer must, in particular, consider—
the welfare of any person under the age of 18 whose interests the officer considers relevant to the issuing of the DVPN (whether or not that person is an associated person),
the opinion of the person for whose protection the DVPN would be issued as to the issuing of the DVPN,
any representations made by P as to the issuing of the DVPN, and
in the case of provision included by virtue of subsection (8), the opinion of any other associated person who lives in the premises to which the provision would relate.
The authorising officer must take reasonable steps to discover the opinions mentioned in subsection (3).
But the authorising officer may issue a DVPN in circumstances where the person for whose protection it is issued does not consent to the issuing of the DVPN.
A DVPN must contain provision to prohibit P from molesting the person for whose protection it is issued.
Provision required to be included by virtue of subsection (6) may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.
If P lives in premises which are also lived in by a person for whose protection the DVPN is issued, the DVPN may also contain provision—
to prohibit P from evicting or excluding from the premises the person for whose protection the DVPN is issued,
to prohibit P from entering the premises,
to require P to leave the premises, or
to prohibit P from coming within such distance of the premises as may be specified in the DVPN.
An “associated person” means a person who is associated with P within the meaning of section 62 of the Family Law Act 1996.
Subsection (11) applies where a DVPN includes provision in relation to premises by virtue of subsection (8)(b) or (8)(c) and the authorising officer believes that—
P is a person subject to service law in accordance with sections 367 to 369 of the Armed Forces Act 2006, and
the premises fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of that Act.
The authorising officer must make reasonable efforts to inform P's commanding officer (within the meaning of section 360 of the Armed Forces Act 2006) of the issuing of the notice.
A DVPN must state—
the grounds on which it has been issued,
that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the DVPN,
that an application for a domestic violence protection order under section 27 will be heard within 48 hours of the time of service of the DVPN and a notice of the hearing will be given to P,
that the DVPN continues in effect until that application has been determined, and
the provision that a magistrates' court may include in a domestic violence protection order.
A DVPN must be in writing and must be served on P personally by a constable.
On serving P with a DVPN, the constable must ask P for an address for the purposes of being given the notice of the hearing of the application for the domestic violence protection order.
A person arrested by virtue of section 25(1)(b) for a breach of a DVPN must be held in custody and brought before the magistrates' court which will hear the application for the DVPO under section 27—
before the end of the period of 24 hours beginning with the time of the arrest, or
if earlier, at the hearing of that application.
If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.
If the court adjourns the hearing of the application by virtue of section 27(8), the court may remand the person.
In calculating when the period of 24 hours mentioned in subsection (1)(a) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
If a DVPN has been issued, a constable must apply for a domestic violence protection order (“a DVPO”).
The application must be made by complaint to a magistrates' court.
The application must be heard by the magistrates' court not later than 48 hours after the DVPN was served pursuant to section 25(2).
In calculating when the period of 48 hours mentioned in subsection (3) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
A notice of the hearing of the application must be given to P.
The notice is deemed given if it has been left at the address given by P under section 25(3).
But if the notice has not been given because no address was given by P under section 25(3), the court may hear the application for the DVPO if the court is satisfied that the constable applying for the DVPO has made reasonable efforts to give P the notice.
The magistrates' court may adjourn the hearing of the application.
If the court adjourns the hearing, the DVPN continues in effect until the application has been determined.
On the hearing of an application for a DVPO, section 97 of the Magistrates' Courts Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the DVPO would be made, except where the person has given oral or written evidence at the hearing.
The court may make a DVPO if two conditions are met.
The first condition is that the court is satisfied on the balance of probabilities that P has been violent towards, or has threatened violence towards, an associated person.
The second condition is that the court thinks that making the DVPO is necessary to protect that person from violence or a threat of violence by P.
Before making a DVPO, the court must, in particular, consider—
the welfare of any person under the age of 18 whose interests the court considers relevant to the making of the DVPO (whether or not that person is an associated person), and
any opinion of which the court is made aware—
of the person for whose protection the DVPO would be made, and
in the case of provision included by virtue of subsection (8), of any other associated person who lives in the premises to which the provision would relate.
But the court may make a DVPO in circumstances where the person for whose protection it is made does not consent to the making of the DVPO.
A DVPO must contain provision to prohibit P from molesting the person for whose protection it is made.
Provision required to be included by virtue of subsection (6) may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.
If P lives in premises which are also lived in by a person for whose protection the DVPO is made, the DVPO may also contain provision—
to prohibit P from evicting or excluding from the premises the person for whose protection the DVPO is made,
to prohibit P from entering the premises,
to require P to leave the premises, or
to prohibit P from coming within such distance of the premises as may be specified in the DVPO.
A DVPO must state that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the DVPO.
A DVPO may be in force for—
no fewer than 14 days beginning with the day on which it is made, and
no more than 28 days beginning with that day.
A DVPO must state the period for which it is to be in force.
A person arrested by virtue of section 28(9) for a breach of a DVPO must be held in custody and brought before a magistrates' court within the period of 24 hours beginning with the time of the arrest.
If the matter is not disposed of when the person is brought before the court, the court may remand the person.
In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.
This section applies for the purposes of the remand of a person by a magistrates' court under section 26(2) or (3) or 29(2).
In the application of section 128(6) of the Magistrates' Courts Act 1980 for those purposes, the reference to the “other party” is to be read—
in the case of a remand prior to the hearing of an application for a DVPO, as a reference to the authorising officer,
in any other case, as a reference to the constable who applied for the DVPO.
If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.
If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.
If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.
If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).
The court may, when remanding the person on bail, require the person to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.
The Secretary of State may from time to time issue guidance relating to the exercise by a constable of functions under sections 24 to 30.
A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.
Before issuing guidance under this section, the Secretary of State must consult—
the National Police Chiefs’ Council, and
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such other persons as the Secretary of State thinks fit.
A member of the Ministry of Defence Police not below the rank of superintendent may issue a DVPN under section 24 for the protection of an associated person if either P or the associated person lives in premises which fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of the Armed Forces Act 2006.
If a DVPN is issued by a member of the Ministry of Defence Police by virtue of subsection (1), provision may be included in the DVPN by virtue of section 24(8) in relation to any other premises in England or Wales lived in by P and the associated person.
The Secretary of State may by order made by statutory instrument provide for any provision of sections 24 to 32 to come into force for a period of time to be specified in or under the order for the purpose of assessing the effectiveness of the provision.
Such an order may make different provision for different areas.
More than one order may be made under this section.
Provision included in an order under this section does not affect the provision that may be included in relation to sections 24 to 32 in an order under section 59 (commencement).
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The Policing and Crime Act 2009 is amended as follows.
In section 36 (contents of injunctions: supplemental), after subsection (4) there is inserted—
In section 42 (variation or discharge of injunctions), after subsection (4) there is inserted—
In the Policing and Crime Act 2009, section 38 (consultation by applicants for injunctions) is amended as follows.
In subsection (2), after paragraph (a) there is inserted—.
After that subsection there is inserted—
In the Policing and Crime Act 2009, in section 42 (variation or discharge of injunctions), at the end there is inserted—
In the Policing and Crime Act 2009, in Schedule 5 (injunctions: powers to remand), in paragraph 2(1)(a) (power to remand in custody), at the beginning there is inserted “ in the case of a person aged 18 or over ”.
The Policing and Crime Act 2009 is amended as follows.
After section 46 (and after the heading “miscellaneous”) there is inserted—
After Schedule 5 there is inserted—
In section 41 of the Crime and Disorder Act 1998 (Youth Justice Board), in subsection (5)(i), at the end there is inserted—.
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The Crime and Disorder Act 1998 is amended as follows.
In section 1 (anti-social behaviour orders), after subsection (1B) there is inserted—
In section 9 (parenting orders: supplemental), in subsection (2), after “information” there is inserted “(including any report prepared under section 1(1C))”.
In section 114 (orders and regulations), in subsection (2), for “section 6” there is substituted “section 1(1C), 6”.
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The Crime and Disorder Act 1998 is amended as follows.
In section 8 (parenting orders), in subsection (1)(c), after “an offence” there is inserted “, except in a case where section 8A below applies (parenting order on breach of anti-social behaviour order)”.
After that section, there is inserted—
In section 9 (parenting orders: supplemental)—
in subsection (1), after “offence” there is inserted “, other than an offence under section 1(10) above in respect of an anti-social behaviour order,”;
in subsection (2), the word “or” immediately preceding paragraph (c) is repealed, and after that paragraph there is inserted “; or;
after subsection (2A) there is inserted—
In section 10 (appeals against parenting orders), in subsection (4), after “section 8(1)(c)” there is inserted “or 8A”.
In section 7A of the Prosecution of Offences Act 1985 (powers of non-legal staff of Crown Prosecution Service), in subsection (5), in the definition of “preventative civil orders”, in paragraph (c), after “section 8” there is inserted “or 8A”.
The Private Security Industry Act 2001 is amended as follows.
After section 4 there is inserted—
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In section 9 (licence conditions), after subsection (2) there is inserted—
In section 19 (powers of entry and inspection), in subsection (1)—
after “enter” there is inserted “ (a) ”;
; and
In section 23 (criminal liability of directors etc), at the end there is inserted—
In section 25 (interpretation), after subsection (1) there is inserted—
Schedule 1 (which makes minor and consequential amendments to the Private Security Industry Act 2001) is part of this section.
The Private Security Industry Act 2001 is amended as follows.
For the italic heading before section 14 (“Approved contractors”) there is substituted “ Approval scheme ”.
In section 14 (register of approved contractors)—
in the heading, for “contractors” there is substituted “ persons ”;
in subsection (1), for “approved providers of security industry services” there is substituted “ approved persons undertaking security activities ”;
after that subsection there is inserted—;
in subsection (3)(c), after “services” there is inserted “ or activities ”.
In section 15 (arrangements for the grant of approvals), for subsection (1) there is substituted—
In that section, in subsection (2)—
in paragraphs (a) and (b), after “services” there is inserted “ or activities ”;
in paragraph (c), after “services” there is inserted “ or carrying out of the activities ”.
In that section, in subsection (3)—
in paragraph (a), after “services” there is inserted “ or securing the carrying out of the activities ”;
in paragraph (d), at the end there is inserted “ or activities ”.
In section 16 (right to use approved status)—
in subsection (1) the words “as an approved provider of security industry services” are repealed;
in subsection (2)(a), the words “as an approved provider of any security industry services” are repealed.
In section 17 (imposition of requirements for approval), in subsection (1)—
after “provide that” there is inserted “ (a) ”;
at the end there is inserted “; and
In that section, in subsection (3)—
in paragraph (a), after “services” there is inserted “ or activities ”;
in paragraph (b), after “services” there is inserted “ or employing an individual to carry out those activities ”;
after “in respect of those services” there is inserted “ or activities ”.
In that section, in subsection (5)—
after “any services” there is inserted “ or activities ”;
in paragraph (a), after “those services” there is inserted “ or the carrying out of those activities ”.
The Private Security Industry Act 2001 is amended as follows.
Before section 23 there is inserted—
In section 24 (orders and regulations), in subsection (4), after “section 3(2)(j)” there is inserted “ or 22A ” .
Before section 23 there is inserted—
In the Prison Act 1952, in section 40D (other offences relating to prison security)—
in subsection (1)(b), for “or any sound” there is substituted “ , sound or information ”;
in subsection (3), paragraph (b) and the preceding “or” are repealed;
after subsection (3) there is inserted—
The Firearms Act 1968 is amended as follows.
After section 24 there is inserted—
In section 57 (interpretation), in subsection (3) (offences relating to air weapons), for “and 24(4)” there is substituted “ , 24(4) and 24ZA(1) ”.
Section 24ZA(1) Failing to prevent minors from having air weapons Summary A fine of level 3 on the standard scale. Paragraphs 7 and 8 of Part II of this Schedule apply.
In Part 2 of Schedule 6 (supplementary provisions as to trial and punishment of offences), in paragraphs 7 and 8 (forfeiture and disposal of firearms), for “or 24(4)” there is substituted “ , 24(4) or 24ZA(1) ”.
The Secretary of State may make arrangements for making payments to, or in respect of, persons who are injured as a result of an act designated under subsection (2).
The Secretary of State may designate an act under this subsection if—
it took place outside the United Kingdom,
it took place on or after 18 January 2010,
in the view of the Secretary of State the act constitutes terrorism within the meaning of the Terrorism Act 2000 (see section 1 of that Act), and
having regard to all the circumstances, the Secretary of State considers that it would be appropriate to designate it.
Nothing in this section affects any power of the Secretary of State to make payments to, or in respect of, persons who are injured as a result of terrorism outside the United Kingdom.
In sections 47 to 54, “injury” includes fatal injury (and “injured” is to be construed accordingly).
Arrangements under section 47 may include the making of a scheme providing, in particular, for—
the circumstances in which payments may be made, and
the categories of person to whom payments may be made.
The scheme is to be known as the Victims of Overseas Terrorism Compensation Scheme (“the Scheme”).
Sums required for payments to be made in accordance with the Scheme are to be provided by the Secretary of State.
Schedule 2 (which makes consequential amendments relating to the Scheme) is part of this section.
The Scheme may make provision about a person's eligibility for a payment under it by reference to any or all of the following factors—
the nationality of the person (or the injured person);
the place of residence of the person (or the injured person);
the length of time the person (or the injured person) has resided there;
any other factors that the Secretary of State considers appropriate.
The Scheme may provide that applications for payments under it may only be made—
by eligible persons;
within a period specified in the Scheme (and the Scheme may specify different periods for different descriptions of act);
in a manner or form specified in the Scheme.
The Scheme may make provision determining the amount of payments to be made under it to, or in respect of, persons injured as a result of an act designated under section 47(2) by reference to any or all of the following factors—
the nature of the injury;
loss of earnings resulting from the injury;
expenses that have been or will be incurred as a result of the injury;
any other factors that the Secretary of State considers appropriate.
The Scheme may make provision—
as to the circumstances in which a payment may be withheld or the amount of a payment reduced;
for payments to be repayable in circumstances specified in the Scheme;
for payments to be made subject to conditions;
for payments not to exceed such maximum amounts as may be specified in the Scheme.
Any amount which falls to be repaid by virtue of subsection (2)(b) is recoverable as a debt due to the Crown.
Any sums received by the Secretary of State under any provision of the Scheme made by virtue of subsection (2)(b) are to be paid by the Secretary of State into the Consolidated Fund.
Any assignment (or, in Scotland, assignation) of, or charge on, a payment made under the Scheme, and any agreement to assign or charge such a payment, is void.
On the bankruptcy of an individual to whom a payment is made under the Scheme (or in Scotland, on the sequestration of such an individual's estate), the payment shall not pass to any trustee or other person acting on behalf of the individual's creditors.
The Scheme may include provision for applications to be determined and payments to be made by persons (“claims officers”) appointed for the purpose by the Secretary of State.
A claims officer—
is to be appointed on such terms and conditions as the Secretary of State considers appropriate;
is not to be regarded as having been appointed to exercise functions of the Secretary of State or to act on behalf of the Secretary of State.
No decision taken by a claims officer shall be regarded as having been taken by, or on behalf of, the Secretary of State.
The Secretary of State may pay such remuneration, allowances or gratuities to or in respect of claims officers and other persons exercising functions in relation to the Scheme as the Secretary of State considers appropriate.
The Scheme must include provision for the review, in such circumstances as it may specify, of any decision taken in respect of an application made under it.
The Scheme must secure that such a review is conducted by a person other than the person who made the decision under review.
The Scheme must include provision for rights of appeal to the First-tier Tribunal against decisions taken on reviews under provisions of the Scheme made by virtue of subsection (1).
The power conferred by section 50(2)(a) to provide for the reduction of an amount of a payment includes power to provide for a reduction where, in the opinion of the First-tier Tribunal determining an appeal, the appeal is frivolous or vexatious.
The Scheme must include provision for such person as the Secretary of State considers appropriate to make a report to the Secretary of State as soon as possible after the end of each financial year on the operation of the Scheme during that year.
The Secretary of State must lay a copy of every such report before Parliament.
The Scheme must also include provision—
for such person as the Secretary of State considers appropriate—
to keep proper accounts and proper records in relation to the accounts;
to prepare a statement of accounts in each financial year in such form as the Secretary of State may direct;
requiring such a statement of accounts to be submitted to the Secretary of State at such time as the Secretary of State may direct.
Where a statement of accounts is submitted to the Secretary of State, the Secretary of State must send a copy of it to the Comptroller and Auditor General as soon as is reasonably practicable.
The Comptroller and Auditor General must—
examine, certify and report on any statement of accounts received under subsection (4);
lay copies of the statement and of the report made under paragraph (a) before Parliament.
In this section “financial year” means the period beginning with the day on which this section comes into force and ending with the following 31st March and each successive period of 12 months.
Before making the Scheme, the Secretary of State must lay a draft of it before Parliament.
The Secretary of State must not make the Scheme unless the draft has been approved by a resolution of each House of Parliament.
Before making any alteration to a provision of the Scheme made by virtue of— the Secretary of State must lay before Parliament a draft of the provision as proposed to be altered.
section 49(1) (eligibility for payments under the scheme),
section 50(1) (determination of amount of payment),
section 50(2)(a) (circumstances in which payment may be withheld or reduced),
section 50(2)(d) (payments not to exceed specified maximum amount), or
section 52 (reviews and appeals),
The Secretary of State must not give effect to the proposal concerned unless the draft has been approved by a resolution of each House of Parliament.
Before making any other alteration to the Scheme the Secretary of State must lay a statement of the altered provision before Parliament.
If a statement laid before either House of Parliament under subsection (5) is disapproved by a resolution of that House passed before the end of the period of 40 days beginning with the date on which the statement was laid, the Secretary of State must—
make such alterations in the Scheme as appear to the Secretary of State to be required in the circumstances, and
before the end of the period of 40 days beginning with the date on which the resolution was made, lay a statement of those alterations before Parliament.
In calculating the period of 40 days mentioned in subsection (6), any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days is to be disregarded.
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The Licensing Act 2003 is amended as follows.
In Part 9 (miscellaneous and supplementary), after section 172 there is inserted—
In section 7 (exercise and delegation of functions), in subsection (2), after paragraph (a) (but before the final “or”) there is inserted—.
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In the Prevention of Terrorism Act 2005, after section 7C there is inserted—
In section 1 of that Act (power to make control orders)—
in subsection (4)(l) (removal following search of premises) after “tests or” there is inserted “(subject to subsections (5A) to (5C))”;
after subsection (5) there is inserted—
In the Counter-Terrorism Act 2008, in section 1 (power to remove documents for examination), in subsection (1)(e), for “or 7C” there is substituted “, 7C or 7D”.
The following are to be paid out of money provided by Parliament—
expenditure incurred by the Secretary of State by virtue of this Act;
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Section 1 (police powers: stop and search) extends to England and Wales only.
Sections 2 to 7 (taking of fingerprints and samples: England and Wales) extend to England and Wales only, except that section 5(2) extends also to Northern Ireland.
Sections 8 to 13 (taking of fingerprints and samples: Northern Ireland) extend to Northern Ireland only, except that section 11(2) extends also to England and Wales.
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Section 15 (material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989) extends to Northern Ireland only.
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Sections 20 to 23 (further provision relating to the retention, destruction and use of fingerprints and samples etc) extend to England and Wales, Scotland and Northern Ireland.
Sections 24 to 41 (domestic violence, gang-related violence and anti-social behaviour orders) extend to England and Wales only.
Sections 42 to 44 (private security industry) extend to England and Wales, Scotland and Northern Ireland.
Section 45 (prison security) extends to England and Wales only.
Section 46 (air weapons) extends to England and Wales and Scotland only.
Sections 47 to 54 (compensation of victims of overseas terrorism) extend to England and Wales, Scotland and Northern Ireland.
Section 55 (sale and supply of alcohol) extends to England and Wales only.
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Sections 57 to 60 (final) extend to England and Wales, Scotland and Northern Ireland.
The provisions of this Act come into force on such day as the Secretary of State may by order appoint, subject to subsections (2) to (3B).
The following provisions come into force on the day on which this Act is passed—
section 33 (pilot schemes relating to domestic violence provisions);
sections 47 to 54 (compensation of victims of overseas terrorism);
sections 57 to 60 (final).
Sections 42 and 43 (private security industry) come into force, so far as extending to Scotland, on such day as the Scottish Ministers may by order appoint after consulting the Secretary of State.
An order made by the Secretary of State under subsection (1) may—
appoint different days for different purposes;
make transitional provision and savings;
appoint different days in relation to different areas in respect of any of the following—
section 1 (records of searches);
sections 24 to 32 (domestic violence);
sections 34 to 39 (gang-related violence).
Sections 42 to 44 (private security industry) come into force, so far as extending to Northern Ireland, on such day as the Department of Justice in Northern Ireland may by order appoint after consulting the Secretary of State.
An order made by the Scottish Ministers under subsection (3) may—
appoint different days for different purposes;
make transitional provision and savings.
The following provisions come into force on such day as the Department of Justice in Northern Ireland may by order appoint—
section 8 (except Article 61(6ZD) inserted by subsection (3) and Article 63(3BD)(c) inserted by subsection (7));
sections 9 to 11(1);
section 12;
section 13 (except paragraph (2)(l), (n) and (r) of the inserted Article 53A).
Subject to subsection (7), an order under this section is to be made by statutory instrument.
An order made by the Department of Justice in Northern Ireland under subsection (3A) or (3B) may—
appoint different days for different purposes; and
make transitional provision and savings.
An order under subsection (3A) or (3B) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
This Act may be cited as the Crime and Security Act 2010.