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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders

65

 

96      

Notification requirements to be complied with by parents of young offenders

(1)   

This section applies where—

(a)   

a violent offender order, or

(b)   

an interim violent offender order,

   

is made in respect of an offender who is under 18 at the time when the order is

5

made (“the young offender”).

(2)   

The court making the order may direct that subsection (3) applies in respect of

an individual having parental responsibility for the young offender (“the

parent”).

(3)   

Where this subsection applies—

10

(a)   

the obligations that would (apart from this subsection) be imposed on

the young offender by or under sections 91 to 94 are to be treated

instead as obligations of the parent, and

(b)   

the parent must ensure that the young offender accompanies the parent

to the police station on each occasion when a notification is being given.

15

(4)   

A direction under subsection (2) takes immediate effect and applies—

(a)   

until the young offender attains the age of 18, or

(b)   

for such shorter period as the court may direct at the time when it gives

the direction under subsection (2).

(5)   

A chief officer of police may, by complaint to any magistrates’ court whose

20

commission area includes any part of the chief officer’s police area, apply for a

direction under subsection (2) in respect of an offender subject to notification

requirements—

(a)   

who resides in that police area, or who the chief officer believes is in or

is intending to come to that police area, and

25

(b)   

who the chief officer believes is under 18.

(6)   

For this purpose the reference in subsection (2) to the court making the order

is to be read as a reference to the court referred to in subsection (5).

97      

Parental directions: notification requirements imposed on parents of young

offenders

30

(1)   

This section applies where a direction has been given by a magistrates’ court

under section 96.

(2)   

A person within subsection (2) may, by complaint to that court, apply for an

order varying, renewing or discharging the direction.

(3)   

The persons are—

35

(a)   

the young offender;

(b)   

the parent;

(c)   

the chief officer of police for the police area in which the young offender

resides;

(d)   

a chief officer of police who believes that the young offender is in, or is

40

intending to come to, the chief officer’s police area;

(e)   

where the direction was made on an application under section 96(5),

the chief officer of police who made the application.

(4)   

On an application under subsection (1) the court, after hearing—

 
 

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders

66

 

(a)   

the applicant, and

(b)   

any other persons within subsection (3) who wish to be heard,

   

may make such order varying, renewing or discharging the direction as the

court considers appropriate.

Supplementary

5

98      

Offences

(1)   

If a person fails, without reasonable excuse, to comply with any prohibition,

restriction or condition contained in—

(a)   

a violent offender order, or

(b)   

an interim violent offender order,

10

   

the person commits an offence.

(2)   

If a person fails, without reasonable excuse, to comply with—

(a)   

section 91(1), 92(1) or (6)(b), 93(1), 95(4) or 96(3)(b), or

(b)   

any requirement imposed by regulations made under section 94(1),

   

the person commits an offence.

15

(3)   

If a person notifies to the police, in purported compliance with—

(a)   

section 91(1), 92(1) or 93(1), or

(b)   

any requirement imposed by regulations made under section 94(1),

   

any information which the person knows to be false, the person commits an

offence.

20

(4)   

As regards an offence under subsection (2), so far as it relates to non-

compliance with—

(a)   

section 91(1), 92(1) or 93(1), or

(b)   

any requirement imposed by regulations made under section 94(1),

   

a person commits such an offence on the first day on which the person first

25

fails, without reasonable excuse, to comply with the provision mentioned in

paragraph (a) or (as the case may be) the requirement mentioned in paragraph

(b), and continues to commit it throughout any period during which the failure

continues.

(5)   

But a person must not be prosecuted under subsection (2) more than once in

30

respect of the same failure.

(6)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum or both;

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

35

5 years or a fine or both.

(7)   

Proceedings for an offence under this section may be commenced in any court

having jurisdiction in any place where the person charged with the offence

resides or is found.

99      

Supply of information to Secretary of State etc.

40

(1)   

This section applies to information notified to the police under section 91(1),

92(1) or 93(1).

 
 

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders

67

 

(2)   

A chief officer of police may, for the purposes of the prevention, detection,

investigation or prosecution of offences under this Part, supply information to

which this section applies to—

(a)   

the Secretary of State, or

(b)   

a person providing services to the Secretary of State in connection with

5

a relevant function,

   

for use for the purpose of verifying the information.

(3)   

In relation to information supplied to any person under subsection (2), the

reference to verifying the information is a reference to—

(a)   

checking its accuracy by comparing it with information held—

10

(i)   

where the person is the Secretary of State, by that person in

connection with the exercise of a relevant function, or

(ii)   

where the person is within subsection (2)(b), by that person in

connection with the provision of services as mentioned there,

and

15

(b)   

compiling a report of that comparison.

(4)   

Subject to subsection (5), the supply of information under this section is to be

taken not to breach any restriction on the disclosure of information (however

arising).

(5)   

This section does not authorise the doing of anything that contravenes the Data

20

Protection Act 1998 (c. 29).

(6)   

This section does not affect any power to supply information that exists apart

from this section.

(7)   

In this section “relevant function” means—

(a)   

a function relating to social security, child support, employment or

25

training,

(b)   

a function relating to passports, or

(c)   

a function under Part 3 of the Road Traffic Act 1988 (c. 52).

100     

Supply of information by Secretary of State etc.

(1)   

A report compiled under section 99 may be supplied to a chief officer of police

30

by—

(a)   

the Secretary of State, or

(b)   

a person within section 99(2)(b).

(2)   

Such a report may contain any information held—

(a)   

by the Secretary of State in connection with the exercise of a relevant

35

function, or

(b)   

by a person within section 99(2)(b) in connection with the provision of

services as mentioned there.

(3)   

Where such a report contains information within subsection (2), the chief

officer to whom it is supplied—

40

(a)   

may retain the information, whether or not used for the purposes of the

prevention, detection, investigation or prosecution of an offence under

this Part, and

(b)   

may use the information for any purpose related to the prevention,

detection, investigation or prosecution of offences (whether or not

45

under this Part), but for no other purpose.

 
 

Criminal Justice and Immigration Bill
Part 8 — Violent Offender Orders

68

 

(4)   

Subsections (4) to (7) of section 99 apply in relation to this section as they apply

in relation to section 99.

101     

Information about release or transfer

(1)   

This section applies to an offender subject to notification requirements who

is—

5

(a)   

serving a sentence of imprisonment or a term of service detention, or

(b)   

detained in a hospital.

(2)   

The Secretary of State may by regulations make provision requiring the person

who is responsible for such an offender to give notice to specified persons—

(a)   

of the fact that that person has become responsible for the offender; and

10

(b)   

of any occasion when—

(i)   

the offender is released, or

(ii)   

a different person is to become responsible for the offender.

(3)   

In subsection (2) “specified persons” means persons specified, or of a

description specified, in the regulations.

15

(4)   

The regulations may make provision for determining who is to be taken for the

purposes of this section as being responsible for an offender.

102     

Interpretation of Part 8

(1)   

In this Part—

“the appropriate date” has the meaning given by section 85(5);

20

“country” includes territory;

“custodial sentence” has the meaning given by section 76 of the Powers of

Criminal Courts (Sentencing) Act 2000 (c. 6);

“home address” has the meaning given by section 91(4);

“hospital order” has the meaning given in section 37 of the Mental Health

25

Act 1983 (c. 20);

“interim violent offender order” means an order made under section 88;

“the offender”, in relation to a violent offender order or an interim violent

offender order, means the person in respect of whom the order is made;

“qualifying offender” has the meaning given by section 84(1);

30

“restriction order” has the meaning given in section 41 of the Mental

Health Act 1983;

“specified offence” has the meaning given by section 83(3);

“supervision order” has the meaning given by Schedule 1A to the

Criminal Procedure (Insanity) Act 1964 (c. 84);

35

“violent offender order” has the meaning given by section 83(1).

(2)   

References in this Part to protecting the public from the risk of serious violent

harm caused by a person are to be read in accordance with section 83(2).

(3)   

References in this Part to an offender subject to notification requirements are to

be read in accordance with section 90.

40

(4)   

The following expressions have the same meanings as in Part 2 of the Sexual

Offences Act 2003 (c. 42) (notifications and orders)—

“detained in a hospital” (see sections 133 and 135 of that Act);

 
 

Criminal Justice and Immigration Bill
Part 9 — Anti-social behaviour

69

 

“parental responsibility” (see section 133 of that Act);

“sentence of imprisonment” (see section 131 of that Act);

“term of service detention” (see section 133(1) of that Act);

and references to a person having been found to be under a disability and to

have done the act charged are to be read in accordance with section 135 of that

5

Act.

Part 9

Anti-social behaviour

Premises closure orders

103     

Closure orders: premises associated with persistent disorder or nuisance

10

Schedule 17 inserts a new Part 1A into the Anti-social Behaviour Act 2003

(c. 38) which makes provision about the issue of closure notices and the

making of closure orders in respect of premises associated with persistent

disorder or nuisance.

Nuisance or disturbance on hospital premises

15

104     

Offence of causing nuisance or disturbance on NHS premises

(1)   

A person commits an offence if—

(a)   

the person causes, without reasonable excuse and while on NHS

premises, a nuisance or disturbance to an NHS staff member who is

working there or is otherwise there in connection with work,

20

(b)   

the person refuses, without reasonable excuse, to leave the NHS

premises when asked to do so by a constable or an NHS staff member,

and

(c)   

the person is not on the NHS premises for the purpose of obtaining

medical advice, treatment or care for himself or herself.

25

(2)   

A person who commits an offence under this section is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(3)   

For the purposes of this section—

(a)   

a person ceases to be on NHS premises for the purpose of obtaining

medical advice, treatment or care for himself or herself once the person

30

has received the advice, treatment or care, and

(b)   

a person is not on NHS premises for the purpose of obtaining medical

advice, treatment or care for himself or herself if the person has been

refused the advice, treatment or care during the last 8 hours.

(4)   

In this section—

35

“hospital grounds” means land in the vicinity of a hospital and associated

with it,

“NHS premises” means—

(a)   

any hospital vested in, or managed by, a relevant English NHS

body,

40

 
 

Criminal Justice and Immigration Bill
Part 9 — Anti-social behaviour

70

 

(b)   

any building or other structure, or vehicle, associated with the

hospital and situated on hospital grounds (whether or not

vested in, or managed by, a relevant English NHS body), and

(c)   

the hospital grounds,

“NHS staff member” means a person employed by a relevant English

5

NHS body or otherwise working for it (whether as or on behalf of a

contractor, as a volunteer or otherwise),

“relevant English NHS body” means—

(a)   

a National Health Service trust (see section 25 of the National

Health Service Act 2006 (c. 41)), all or most of whose hospitals,

10

establishments and facilities are situated in England,

(b)   

a Primary Care Trust (see section 18 of that Act), or

(c)   

an NHS foundation trust (see section 30 of that Act), and

“vehicle” includes an air ambulance.

105     

Power to remove person causing nuisance or disturbance

15

(1)   

If a constable reasonably suspects that a person is committing or has

committed an offence under section 104, the constable may remove the person

from the NHS premises concerned.

(2)   

If an authorised officer reasonably suspects that a person is committing or has

committed an offence under section 104, the authorised officer may—

20

(a)   

remove the person from the NHS premises concerned, or

(b)   

authorise an NHS staff member to do so.

(3)   

Any person removing another person from NHS premises under this section

may use reasonable force (if necessary).

(4)   

An authorised officer cannot remove a person under this section or authorise

25

another person to do so if the authorised officer has reason to believe that—

(a)   

the person to be removed requires medical advice, treatment or care for

himself or herself, or

(b)   

the removal of the person would endanger the person’s physical or

mental health.

30

(5)   

In this section—

“authorised officer” means any NHS staff member authorised by a

relevant English NHS body to exercise the powers conferred on an

authorised officer by this section, and

“NHS premises”, “NHS staff member” and “relevant English NHS body”

35

have the same meaning as in section 104.

106     

Guidance about the power to remove etc.

(1)   

The Secretary of State may from time to time prepare and publish guidance to

relevant English NHS bodies and authorised officers about the powers in

section 105.

40

(2)   

Such guidance may, in particular, relate to—

(a)   

the authorisation by relevant English NHS bodies of authorised

officers,

(b)   

the authorisation by authorised officers of NHS staff members to

remove persons under section 105,

45

 
 

Criminal Justice and Immigration Bill
Part 9 — Anti-social behaviour

71

 

(c)   

training requirements for authorised officers and NHS staff members

authorised by them to remove persons under section 105,

(d)   

matters that may be relevant to a consideration by authorised officers

for the purposes of section 105 of whether offences are being, or have

been, committed under section 104,

5

(e)   

matters to be taken into account by authorised officers in deciding

whether there is reason to believe that a person requires medical

advice, treatment or care for himself or herself or that the removal of a

person would endanger the person’s physical or mental health,

(f)   

the procedure to be followed by authorised officers or persons

10

authorised by them before using the power of removal in section 105,

(g)   

the degree of force that it may be appropriate for authorised officers or

persons authorised by them to use in particular circumstances,

(h)   

arrangements for ensuring that persons on NHS premises are aware of

the offence in section 104 and the powers of removal in section 105, or

15

(i)   

the keeping of records.

(3)   

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

consult such persons as the Secretary of State considers appropriate.

(4)   

A relevant English NHS body and an authorised officer must have regard to

any guidance published under this section when exercising functions under, or

20

in connection with, section 105.

(5)   

In this section—

“authorised officer” has the same meaning as in section 105, and

“NHS premises”, “NHS staff member” and “relevant English NHS body”

have the same meaning as in section 104.

25

107     

Nuisance or disturbance on HSS premises

Schedule 18 makes provision for Northern Ireland corresponding to the

provision made for England by sections 104 to 106.

Anti-social behaviour orders etc. in respect of children and young persons

108     

Review of anti-social behaviour orders etc.

30

(1)   

In Part 1 of the Crime and Disorder Act 1998 (c. 37) (prevention of crime and

disorder) after section 1I insert—

“1J     

Review of orders under sections 1, 1B and 1C

(1)   

This section applies where—

(a)   

an anti-social behaviour order,

35

(b)   

an order under section 1B, or

(c)   

an order under section 1C,

   

has been made in respect of a person under the age of 17.

(2)   

If—

(a)   

the person subject to the order will be under the age of 18 at the

40

end of a period specified in subsection (3) (a “review period”),

and

(b)   

the term of the order runs until the end of that period or beyond,

 
 

 
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