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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 4 — Dispersal of groups etc.

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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.

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     (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—

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           (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

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                  (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

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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.

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     (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.

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     (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

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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.

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     (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.

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Anti-social Behaviour Bill
Part 4 — Dispersal of groups etc.

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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

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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

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           (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

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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.

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     (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

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        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

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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).

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                       (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

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notice) is to apply to him as it applies to a constable.”

 

 

Anti-social Behaviour Bill
Part 4 — Dispersal of groups etc.

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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

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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

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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

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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

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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

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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

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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

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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

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                  (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,

 

 

Anti-social Behaviour Bill
Part 5 — Sanctions etc.

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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—

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           “(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

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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

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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—

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                  (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—

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                  (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).

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           (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.”

 

 

Anti-social Behaviour Bill
Part 5 — Sanctions etc.

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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

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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).

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     (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

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     (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.”

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     (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.

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           (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—

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           “(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.

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           (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—

 

 

Anti-social Behaviour Bill
Part 5 — Sanctions etc.

    32

 

                  (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

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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”.

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     (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

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                  (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

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                        (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

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or made).

 

 

Anti-social Behaviour Bill
Part 5 — Sanctions etc.

    33

 

           (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

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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.

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                       (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

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