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(b) is not under the effective control of a parent or a responsible person | |
aged 18 or over, | |
he may remove the person to the person’s place of residence unless he has | |
reasonable grounds for believing that the person would, if removed to that | |
place, be likely to suffer significant harm. | 5 |
(7) In this section any reference to the presence or behaviour of a group of persons | |
is to be read as including a reference to the presence or behaviour of any one | |
or more of the persons in the group. | |
31 Authorisations: supplemental | |
(1) An authorisation— | 10 |
(a) must be in writing, | |
(b) must be signed by the relevant officer giving it, and | |
(c) must specify— | |
(i) the relevant locality, | |
(ii) the grounds on which the authorisation is given, and | 15 |
(iii) the period during which the powers conferred by section 30(3) | |
to (6) are exercisable. | |
(2) Before the giving of an authorisation, consultation must take place with any | |
local authority whose area includes the whole or part of the relevant locality. | |
(3) Publicity must be given to an authorisation by either or both of the following | 20 |
methods— | |
(a) publishing an authorisation notice in a newspaper circulating in the | |
relevant locality, | |
(b) posting an authorisation notice in some conspicuous place or places | |
within the relevant locality. | 25 |
(4) An “authorisation notice” is a notice which— | |
(a) states the authorisation has been given, | |
(b) specifies the relevant locality, and | |
(c) specifies the period during which the powers conferred by section 30(3) | |
to (6) are exercisable. | 30 |
(5) Subsection (3) must be complied with before the beginning of the period | |
mentioned in subsection (4)(c). | |
(6) An authorisation may be withdrawn by— | |
(a) the relevant officer who gave it, or | |
(b) any other relevant officer whose police area includes the relevant | 35 |
locality and whose rank is the same as or higher than that of the | |
relevant officer mentioned in paragraph (a). | |
(7) Before the withdrawal of an authorisation, consultation must take place with | |
any local authority whose area includes the whole or part of the relevant | |
locality. | 40 |
(8) The withdrawal of an authorisation does not affect the exercise of any power | |
pursuant to that authorisation which occurred prior to its withdrawal. | |
(9) The giving or withdrawal of an authorisation does not prevent the giving of a | |
further authorisation in respect of a locality which includes the whole or any | |
part of the relevant locality to which the earlier authorisation relates. | 45 |
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(10) In this section “authorisation” means an authorisation under section 30. | |
32 Powers under section 30: supplemental | |
(1) A direction under section 30(4)— | |
(a) may be given orally, | |
(b) may be given to any person individually or to two or more persons | 5 |
together, and | |
(c) may be withdrawn or varied by the person who gave it. | |
(2) A person who knowingly contravenes a direction given to him under section | |
30(4) commits an offence and is liable on summary conviction to— | |
(a) a fine not exceeding level 4 on the standard scale, or | 10 |
(b) imprisonment for a term not exceeding 3 months, | |
or to both. | |
(3) A constable in uniform may arrest without warrant any person he reasonably | |
suspects has committed an offence under subsection (2). | |
(4) Where the power under section 30(6) is exercised, any local authority whose | 15 |
area includes the whole or part of the relevant locality must be notified of that | |
fact. | |
33 Powers of community support officers | |
(1) Part 1 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of community | |
support officers) is amended as follows. | 20 |
(2) In paragraph 2 (power to detain etc) after sub-paragraph (6)(a) insert— | |
“(aa) an offence under section 32(2) of the Anti-social Behaviour | |
Act 2003; or”. | |
(3) After paragraph 4 insert— | |
“Power to disperse groups and remove young persons to their place of residence | 25 |
4A Where a designation applies this paragraph to any person, that | |
person shall, within the relevant police area, have the powers which, | |
by virtue of an authorisation under section 30 of the Anti-social | |
Behaviour Act 2003, are conferred on a constable in uniform by | |
section 30(3) to (6) of that Act (power to disperse groups and remove | 30 |
persons under 16 to their place of residence). | |
4B (1) Where a designation applies this paragraph to any person, that | |
person shall, within the relevant police area, have the power of a | |
constable under section 15(3) of the Crime and Disorder Act 1998 | |
(c. 37) (power to remove child to their place of residence). | 35 |
(2) Section 15(1) of that Act shall have effect in relation to the exercise of | |
that power by that person as if the reference to a constable in that | |
section were a reference to that person. | |
(3) Where that person exercises that power, the duty in section 15(2) of | |
that Act (duty to inform local authority of contravention of curfew | 40 |
notice) is to apply to him as it applies to a constable.” | |
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34 Code of practice | |
(1) The Secretary of State may issue a code of practice about— | |
(a) the giving or withdrawal of authorisations under section 30, and | |
(b) the exercise of the powers conferred by section 30(3) to (6). | |
(2) The Secretary of State may from time to time revise the whole or any part of a | 5 |
code of practice issued under this section. | |
(3) The Secretary of State must lay any code of practice issued by him under this | |
section, and any revisions of such a code, before Parliament. | |
(4) In giving or withdrawing an authorisation under section 30, a relevant officer | |
must have regard to any code of practice for the time being in force under this | 10 |
section. | |
(5) In exercising the powers conferred by section 30(3) to (6), a constable in | |
uniform or community support officer must have regard to any code of | |
practice for the time being in force under this section. | |
(6) A code of practice under this section may make different provision for different | 15 |
cases. | |
35 Authorisations by British Transport Police | |
(1) For the purposes of the giving of an authorisation under section 30 by a | |
relevant officer who is an officer of the British Transport Police Force, section | |
30(1) is to have effect as if for “in his police area” there were substituted “which | 20 |
forms part of property in relation to which he has all the powers and privileges | |
of a constable by virtue of section 30(1)(a) to (f) of the Railways and Transport | |
Safety Act 2003”. | |
(2) Where such an authorisation is given by such an officer, section 31(6)(b) is to | |
have effect as if for “whose police area includes the relevant locality” there | 25 |
were substituted “who is an officer of the British Transport Police Force”. | |
36 Interpretation | |
In this Part— | |
“anti-social behaviour” means behaviour by a person which causes or is | |
likely to cause harassment, alarm or distress to one or more other | 30 |
persons not of the same household as the person, | |
“local authority” means— | |
(a) in relation to England, a district council, a county council that is | |
the council for a county in which there are no district councils, | |
a London borough council, the Common Council of the City of | 35 |
London or the Council of the Isles of Scilly, | |
(b) in relation to Wales, a county council or a county borough | |
council, | |
“public place” means— | |
(a) any highway, and | 40 |
(b) any place to which at the material time the public or any section | |
of the public has access, on payment or otherwise, as of right or | |
by virtue of express or implied permission, | |
“relevant locality” has the same meaning as in section 30, | |
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“relevant officer” means a police officer of or above the rank of | |
superintendent. | |
Part 5 | |
Sanctions etc. | |
37 Anti-social behaviour orders | 5 |
(1) The Crime and Disorder Act 1998 (c. 37) is amended as follows. | |
(2) In section 1(1A) (authorities who may apply for anti-social behaviour orders)— | |
(a) after paragraph (c) “or” is omitted; | |
(b) after paragraph (d) there is inserted “or | |
(e) a housing action trust established by order in pursuance | 10 |
of section 62 of the Housing Act 1988.” | |
(3) In section 1(1B) (persons requiring protection from anti-social acts) in | |
paragraph (d) after “paragraph (d)” there is inserted “or (e)”. | |
(4) In section 1 after subsection (10) (penalty for breach of anti-social behaviour | |
order) there are inserted the following subsections— | 15 |
“(10A) The following may bring proceedings for an offence under subsection | |
(10)— | |
(a) a council which is a relevant authority; | |
(b) the council for the local government area in which a person in | |
respect of whom an anti-social behaviour order has been made | 20 |
resides or appears to reside. | |
(10B) If proceedings for an offence under subsection (10) are brought in a | |
youth court section 47(2) of the Children and Young Persons Act 1933 | |
(c. 12) has effect as if the persons entitled to be present at a sitting for | |
the purposes of those proceedings include one person authorised to be | 25 |
present by a relevant authority.” | |
(5) In section 1B (anti-social behaviour orders in county court proceedings) after | |
subsection (3) there are inserted the following subsections— | |
“(3A) Subsection (3B) applies if a relevant authority is a party to the principal | |
proceedings and considers— | 30 |
(a) that a person who is not a party to the proceedings has acted in | |
an anti-social manner, and | |
(b) that the person’s anti-social acts are material in relation to the | |
principal proceedings. | |
(3B) The relevant authority may— | 35 |
(a) make an application for the person mentioned in subsection | |
(3A)(a) to be joined to the principal proceedings to enable an | |
order under subsection (4) to be made in relation to that person; | |
(b) if that person is so joined, apply for an order under subsection | |
(4). | 40 |
(3C) But a person must not be joined to proceedings in pursuance of | |
subsection (3B) unless his anti-social acts are material in relation to the | |
principal proceedings.” | |
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(6) In section 1B(5) for “party to the principal proceedings” there is substituted | |
“person”. | |
(7) In section 9 (which makes supplemental provision about parenting orders) | |
after subsection (1A) there is inserted the following subsection— | |
“(1B) If an anti-social behaviour order is made in respect of a person under | 5 |
the age of 16 the court which makes the order— | |
(a) must make a parenting order if it is satisfied that the relevant | |
condition is fulfilled; | |
(b) if it is not so satisfied, must state in open court that it is not and | |
why it is not.” | 10 |
(8) An order under section 67 made in relation to subsection (5) above may make | |
provision for that subsection to come into force— | |
(a) for such period as is specified in the order; | |
(b) on different days in respect of persons of different ages. | |
(9) Subsection (8) does not affect section 68(2). | 15 |
(10) The making of an order as mentioned in subsection (8)(a) does not prevent the | |
making of a further order under section 67— | |
(a) whether for the same or a different purpose, or | |
(b) in relation to the same area. | |
38 Certain orders made on conviction of offences | 20 |
(1) In section 1C of the Crime and Disorder Act 1998 (c. 37) (orders on conviction | |
of an offence to prevent anti-social acts) in subsection (3) for the words from | |
“whether or not” to the end there is substituted “— | |
(a) if the prosecutor asks it to do so, or | |
(b) if the court thinks it is appropriate to do so.” | 25 |
(2) After subsection (3) of that section there are inserted the following | |
subsections— | |
“(3A) For the purpose of deciding whether to make an order under this | |
section the court may consider evidence led by the prosecution and the | |
defence. | 30 |
(3B) It is immaterial whether evidence led in pursuance of subsection (3A) | |
would have been admissible in the proceedings in which the offender | |
was convicted.” | |
(3) After subsection (9) of that section there are inserted the following | |
subsections— | 35 |
“(9A) The council for the local government area in which a person in respect | |
of whom an anti-social behaviour order has been made resides or | |
appears to reside may bring proceedings under section 1(10) (as | |
applied by subsection (9) above) for breach of an order under | |
subsection (2) above. | 40 |
(9B) Subsection (9C) applies in relation to proceedings in which an order | |
under subsection (2) is made against a child or young person who is | |
convicted of an offence. | |
(9C) In so far as the proceedings relate to the making of the order— | |
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(a) section 49 of the Children and Young Persons Act 1933 (c. 12) | |
(restrictions on reports of proceedings in which children and | |
young persons are concerned) does not apply in respect of the | |
child or young person against whom the order is made; | |
(b) section 39 of that Act (power to prohibit publication of certain | 5 |
matter) does so apply.” | |
(4) In subsection (10) of that section before the entry relating to “the | |
commencement date” there is inserted— | |
““child” and “young person” have the same meaning as in the Children | |
and Young Persons Act 1933;”. | 10 |
(5) In section 14A of the Football Spectators Act 1989 (c. 37) after subsection (3) | |
there are inserted the following subsections— | |
“(3A) For the purpose of deciding whether to make an order under this | |
section the court may consider evidence led by the prosecution and the | |
defence. | 15 |
(3B) It is immaterial whether evidence led in pursuance of subsection (3A) | |
would have been admissible in the proceedings in which the offender | |
was convicted.” | |
(6) In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of the | |
Director of Public Prosecutions) after paragraph (f) the word “and” is omitted | 20 |
and there is inserted the following paragraph— | |
“(fa) to have the conduct of applications for orders under section 1C | |
of the Crime and Disorder Act 1998 (orders made on conviction | |
of certain offences) and section 14A of the Football Spectators | |
Act 1989 (banning orders made on conviction of certain | 25 |
offences);”. | |
39 Penalty notices for disorderly behaviour by young persons | |
(1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows. | |
(2) In section 2(1) (penalty notices for disorderly behaviour by persons aged 18 or | |
over) for “18” substitute “16”. | 30 |
(3) After section 2(5) insert— | |
“(6) The Secretary of State may by order— | |
(a) amend subsection (1) by substituting for the age for the time | |
being specified in that subsection a different age which is not | |
lower than 10, and | 35 |
(b) if that different age is lower than 16, make provision as | |
follows— | |
(i) where a person whose age is lower than 16 is given a | |
penalty notice, for a parent or guardian of that person to | |
be notified of the giving of the notice, and | 40 |
(ii) for that parent or guardian to be liable to pay the penalty | |
under the notice. | |
(7) The provision which may be made by virtue of subsection (6)(b) | |
includes provision amending, or applying (with or without | |
modifications), this Chapter or any other enactment (whenever passed | 45 |
or made). | |
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(8) The power conferred by subsection (6) is exercisable by statutory | |
instrument. | |
(9) No order shall be made under subsection (6) unless a draft of the order | |
has been laid before and approved by a resolution of each House of | |
Parliament.” | 5 |
(4) After section 3(1) (amount of penalty) insert— | |
“(1A) The Secretary of State may specify different amounts for persons of | |
different ages.” | |
40 Curfew orders and supervision orders | |
Schedule 2 (which relates to curfew orders and supervision orders under the | 10 |
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)) shall have effect. | |
41 Extension of powers of community support officers etc. | |
(1) The Police Reform Act 2002 (c. 30) is amended as follows. | |
(2) In section 105 (powers of Secretary of State to make orders and regulations) in | |
subsection (3)(b) after “99(6)” insert “or paragraph 15A(2) of Schedule 4 or | 15 |
paragraph 9A(2) of Schedule 5”. | |
(3) In Part 1 of Schedule 4 (powers exercisable by community support officers) | |
after paragraph 11 insert— | |
“Power to stop cycles | |
11A (1) Subject to sub-paragraph (2), where a designation applies this | 20 |
paragraph to any person, that person shall, within the relevant police | |
area, have the power of a constable in uniform under section 163(2) | |
of the Road Traffic Act 1988 to stop a cycle. | |
(2) The power mentioned in sub-paragraph (1) may only be exercised by | |
that person in relation to a person who he has reason to believe has | 25 |
committed an offence under section 72 of the Highway Act 1835 | |
(riding on a footway) by cycling.” | |
(4) In Part 1 of that Schedule, after paragraph 15 insert— | |
“Power to modify paragraph 1(2)(a) | |
15A (1) The Secretary of State may by order provide that paragraph 1(2)(a) is | 30 |
to have effect as if the reference to the powers there mentioned did | |
not include those powers so far as they relate to an offence under any | |
provision for the time being mentioned in the first column of the | |
Table in section 1(1) of the Criminal Justice and Police Act 2001 | |
which is specified in the order. | 35 |
(2) The Secretary of State shall not make an order containing (with or | |
without any other provision) any provision authorised by this | |
paragraph unless a draft of that order has been laid before | |
Parliament and approved by a resolution of each House.” | |
(5) In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed | 40 |
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