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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    22

 

(a) insert—

                    “(aa)                      the power of a constable to give a penalty notice under

section 444A of the Education Act 1996 (penalty notice in

respect of failure to secure regular attendance at school of

registered pupil);”.

5

     (4)    After paragraph 1(3) of that Schedule insert—

                       “(4)                In its application to an offence which is an offence by reference to

which a notice may be given to a person in exercise of the power

mentioned in sub-paragraph (2)(aa), sub-paragraph (1) shall have

effect as if for the words from “who he has reason to believe” to the

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end there were substituted “in the relevant police area who he has

reason to believe has committed a relevant fixed penalty offence”.”

     (5)    In paragraph 2 of that Schedule (power to detain etc) after sub-paragraph (6)

insert—

                       “(7)                In its application to an offence which is an offence by reference to

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which a notice may be given to a person in exercise of the power

mentioned in paragraph 1(2)(aa), sub-paragraph (2) of this

paragraph shall have effect as if for the words “has committed a

relevant offence in the relevant police area” there were substituted

“in the relevant police area has committed a relevant offence”.”

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     (6)    In paragraph 1(2) of Schedule 5 to that Act (powers of accredited persons to

issue fixed penalty notices) before paragraph (b) insert—

                    “(ab)                      the power of a constable to give a penalty notice under

section 444A of the Education Act 1996 (penalty notice in

respect of failure to secure regular attendance at school of

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registered pupil);”.

     (7)    After paragraph 1(3) of that Schedule insert—

                       “(4)                In its application to an offence which is an offence by reference to

which a notice may be given to a person in exercise of the power

mentioned in sub-paragraph (2)(ab), sub-paragraph (1) shall have

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effect as if for the words from “who he has reason to believe” to the

end there were substituted “in the relevant police area who he has

reason to believe has committed or is committing a relevant fixed

penalty offence”.”

     (8)    In paragraph 2 of that Schedule (power to require giving of name and address)

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after sub-paragraph (3) insert—

                       “(4)                In its application to an offence which is an offence by reference to

which a notice may be given to a person in exercise of the power

mentioned in paragraph 1(2)(ab), sub-paragraph (1) of this

paragraph shall have effect as if for the words “has committed a

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relevant offence in the relevant police area” there were substituted

“in the relevant police area has committed a relevant offence”.”

     (9)    The National Assembly for Wales may by order amend sections 444A and 444B

of the Education Act 1996 (c. 56) by removing the words “in England” in each

place where they occur.

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     (10)   Where an order is made under subsection (9), any functions of the Secretary of

State under sections 444A and 444B of the Education Act 1996 (c. 56) which by

virtue of the order become exercisable in relation to Wales are to be treated as

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

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if they had been transferred to the National Assembly for Wales by an Order

in Council under section 22 of the Government of Wales Act 1998 (c. 38).

 24    Interpretation

In this section and sections 19 to 21

                      “the appropriate person” means—

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                  (a)                 in relation to England, the Secretary of State, and

                  (b)                 in relation to Wales, the National Assembly for Wales,

                      “child of compulsory school age” has the same meaning as in the 1996 Act,

and “child” is to be construed accordingly,

                      “head teacher” includes acting head teacher, teacher in charge and acting

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teacher in charge,

                      “local education authority” has the same meaning as in the 1996 Act,

                      “parent”, in relation to a pupil or child, is to be construed in accordance

with section 576 of the 1996 Act, but does not include a person who is

not an individual,

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                      “pupil” is to be construed in accordance with section 3(1) and (1A) of the

1996 Act,

                      “registered pupil” has the meaning given by section 434(5) of the 1996 Act,

                      “relevant school” means—

                  (a)                 a qualifying school as defined in section 1(3) of the Education

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Act 2002 (c. 32), or

                  (b)                 a pupil referral unit as defined in section 19(2) of the 1996 Act,

                      “responsible officer”, in relation to a parenting order, means one of the

following who is specified in the order, namely—

                  (a)                 an officer of a local education authority, and

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                  (b)                 a head teacher or a person nominated by a head teacher,

                                   but a person falling within paragraph (b) may not be specified in the

order without his consent,

                      “the 1996 Act” means the Education Act 1996 (c. 56).

Criminal conduct and anti-social behaviour

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 25    Parenting contracts in respect of criminal conduct and anti-social behaviour

     (1)    This section applies where a child or young person has been referred to a youth

offending team.

     (2)    The youth offending team may enter into a parenting contract with a parent of

the child or young person if a member of that team has reason to believe that

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the child or young person has engaged, or is likely to engage, in criminal

conduct or anti-social behaviour.

     (3)    A parenting contract is a document which contains—

           (a)           a statement by the parent that he agrees to comply with such

requirements as may be specified in the document for such period as

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may be so specified, and

           (b)           a statement by the youth offending team that it agrees to provide

support to the parent for the purpose of complying with those

requirements.

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    24

 

     (4)    The requirements mentioned in subsection (3)(a) may include (in particular) a

requirement to attend a counselling or guidance programme.

     (5)    The purpose of the requirements mentioned in subsection (3)(a) is to prevent

the child or young person from engaging in criminal conduct or anti-social

behaviour or further criminal conduct or further anti-social behaviour.

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     (6)    A parenting contract must be signed by the parent and signed on behalf of the

youth offending team.

     (7)    A parenting contract does not create any obligations in respect of whose breach

any liability arises in contract or in tort.

     (8)    Youth offending teams must, in carrying out their functions in relation to

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parenting contracts, have regard to any guidance which is issued by the

Secretary of State from time to time for that purpose.

 26    Parenting orders in respect of criminal conduct and anti-social behaviour

     (1)    This section applies where a child or young person has been referred to a youth

offending team.

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     (2)    A member of the youth offending team may apply to a magistrates’ court for a

parenting order in respect of a parent of the child or young person.

     (3)    If such an application is made, the court may make a parenting order in respect

of a parent of the child or young person if it is satisfied—

           (a)           that the child or young person has engaged in criminal conduct or anti-

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social behaviour, and

           (b)           that making the order would be desirable in the interests of preventing

the child or young person from engaging in further criminal conduct or

further anti-social behaviour.

     (4)    A parenting order is an order which requires the parent—

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           (a)           to comply, for a period not exceeding twelve months, with such

requirements as are specified in the order, and

           (b)           subject to subsection (5), to attend, for a concurrent period not

exceeding three months, such counselling or guidance programme as

may be specified in directions given by the responsible officer.

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     (5)    A parenting order under this section may, but need not, include a requirement

mentioned in subsection (4)(b) in any case where a parenting order under this

section or any other enactment has been made in respect of the parent on a

previous occasion.

     (6)    A counselling or guidance programme which a parent is required to attend by

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virtue of subsection (4)(b) may be or include a residential course but only if the

court is satisfied that the following two conditions are fulfilled.

     (7)    The first condition is that the attendance of the parent at a residential course is

likely to be more effective than his attendance at a non-residential course in

preventing the child or young person from engaging in further criminal

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conduct or further anti-social behaviour.

     (8)           The second condition is that any interference with family life which is likely to

result from the attendance of the parent at a residential course is proportionate

in all the circumstances.

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

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 27    Parenting orders: supplemental

     (1)    In deciding whether to make a parenting order under section 26, a court must

take into account (amongst other things)—

           (a)           any refusal by the parent to enter into a parenting contract under

section 25 in respect of the child or young person, or

5

           (b)           if the parent has entered into such a parenting contract, any failure by

the parent to comply with the requirements specified in the contract.

     (2)    Before making a parenting order under section 26 in the case of a child or a

young person under the age of 16, a court must obtain and consider

information about the child or young person’s family circumstances and the

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likely effect of the order on those circumstances.

     (3)    Subsections (3) to (7) of section 9 of the 1998 Act (supplemental provisions

about parenting orders) are to apply in relation to a parenting order under

section 26 as they apply in relation to a parenting order under section 8 of that

Act.

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     (4)    Members of youth offending teams and responsible officers must, in carrying

out their functions in relation to parenting orders, have regard to any guidance

which is issued by the Secretary of State from time to time for that purpose.

 28    Parenting orders: appeals

     (1)    An appeal lies to the Crown Court against the making of a parenting order

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under section 26.

     (2)    Subsections (2) and (3) of section 10 of the 1998 Act (appeals against parenting

orders) are to apply in relation to an appeal under this section as they apply in

relation to an appeal under subsection (1)(b) of that section.

 29    Interpretation and consequential amendment

25

     (1)    In this section and sections 25 to 28

                    “anti-social behaviour” means behaviour by a person which causes or is

likely to cause harassment, alarm or distress to one or more other

persons not of the same household as the person,

                    “child” has the same meaning as in the 1998 Act,

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                    “criminal conduct” means conduct which—

                  (a)                 constitutes a criminal offence, or

                  (b)                 in the case of conduct by a person under the age of 10, would

constitute a criminal offence if that person were not under that

age,

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                    “parent” includes guardian,

                    “responsible officer”, in relation to a parenting order, means a member of

a youth offending team who is specified in the order,

                    “the 1998 Act” means the Crime and Disorder Act 1998 (c. 37),

                    “young person” has the same meaning as in the 1998 Act,

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                    “youth offending team” means a team established under section 39 of the

1998 Act.

     (2)    In section 38(4) of the 1998 Act (meaning of “youth justice services”) after

 

 

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

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paragraph (e) insert—

                  “(ee)                    the performance by youth offending teams and members of

youth offending teams of functions under sections 25 to 27 of

the Anti-social Behaviour Act 2003;”.

Part 4

5

Dispersal of groups etc.

 30    Dispersal of groups and removal of persons under 16 to their place of

residence

     (1)    This section applies where a relevant officer has reasonable grounds for

believing—

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           (a)           that any members of the public have been intimidated, harassed,

alarmed or distressed as a result of the presence or behaviour of groups

of two or more persons in public places in any locality in his police area

(the “relevant locality”), and

           (b)           that anti-social behaviour is a significant and persistent problem in the

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relevant locality.

     (2)    The relevant officer may give an authorisation that the powers conferred on a

constable in uniform by subsections (3) to (6) are to be exercisable for a period

specified in the authorisation which does not exceed 6 months.

     (3)    Subsection (4) applies if a constable in uniform has reasonable grounds for

20

believing that the presence or behaviour of a group of two or more persons in

any public place in the relevant locality has resulted, or is likely to result, in any

members of the public being intimidated, harassed, alarmed or distressed.

     (4)    The constable may give one or more of the following directions, namely—

           (a)           a direction requiring the persons in the group to disperse (either

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immediately or by such time as he may specify and in such way as he

may specify),

           (b)           a direction requiring any of those persons whose place of residence is

not within the relevant locality to leave the relevant locality or any part

of the relevant locality (either immediately or by such time as he may

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specify and in such way as he may specify), and

           (c)           a direction prohibiting any of those persons whose place of residence is

not within the relevant locality from returning to the relevant locality

or any part of the relevant locality for such period (not exceeding 24

hours) from the giving of the direction as he may specify;

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            but this subsection is subject to subsection (5).

     (5)    A direction under subsection (4) may not be given in respect of a group of

persons—

           (a)           who are engaged in conduct which is lawful under section 220 of the

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), or

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           (b)           who are taking part in a public procession of the kind mentioned in

section 11(1) of the Public Order Act 1986 (c. 64) in respect of which—

                  (i)                 written notice has been given in accordance with section 11 of

that Act, or

                  (ii)                such notice is not required to be given as provided by

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subsections (1) and (2) of that section.

 

 

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

    27

 

     (6)    If, between the hours of 9pm and 6am, a constable in uniform finds a person in

any public place in the relevant locality who he has reasonable grounds for

believing—

           (a)           is under the age of 16, and

           (b)           is not under the effective control of a parent or a responsible person

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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.

     (7)    In this section any reference to the presence or behaviour of a group of persons

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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—

           (a)           must be in writing,

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           (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

                  (iii)               the period during which the powers conferred by section 30(3)

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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

methods—

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           (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.

     (4)    An “authorisation notice” is a notice which—

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           (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.

     (5)    Subsection (3) must be complied with before the beginning of the period

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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

locality and whose rank is the same as or higher than that of the

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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.

 

 

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

    28

 

     (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.

5

     (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

30

        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

(power to remove child to their place of residence).

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