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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    20

 

 23    Penalty notices for parents in cases of truancy

     (1)    After section 444 of the Education Act 1996 (c. 56) (failure to secure regular

attendance at school of registered pupil) insert—

       “444A             Penalty notice in respect of failure to secure regular attendance at

school of registered pupil

5

           (1)           Where an authorised officer has reason to believe—

                  (a)                 that a person has committed an offence under section 444(1),

and

                  (b)                 that the school to which the offence relates is a relevant school

in England,

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                         he may give the person a penalty notice in respect of the offence.

           (2)           A penalty notice is a notice offering a person the opportunity of

discharging any liability to conviction for the offence under section

444(1) to which the notice relates by payment of a penalty in accordance

with the notice.

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           (3)           Where a person is given a penalty notice, proceedings for the offence to

which the notice relates (or an offence under section 444(1A) arising out

of the same circumstances) may not be instituted before the end of such

period as may be prescribed.

           (4)           Where a person is given a penalty notice, he cannot be convicted of the

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offence to which the notice relates (or an offence under section 444(1A)

arising out of the same circumstances) if he pays a penalty in

accordance with the notice.

           (5)           Penalties under this section shall be payable to local education

authorities in England.

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           (6)           Sums received by a local education authority under this section may be

used by the authority for the purposes of any of its functions which

may be specified in regulations.

       444B             Penalty notices: supplemental

           (1)           Regulations may make—

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                  (a)                 provision as to the form and content of penalty notices,

                  (b)                 provision as to the monetary amount of any penalty and the

time by which it is to be paid,

                  (c)                 provision for determining the local education authority to

which a penalty is payable,

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                  (d)                 provision as to the methods by which penalties may be paid,

                  (e)                 provision as to the records which are to be kept in relation to

penalty notices,

                  (f)                 provision as to the persons who may be authorised by a local

education authority or a head teacher to give penalty notices,

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                  (g)                 provision limiting the circumstances in which authorised

officers of a prescribed description may give penalty notices,

                  (h)                 provision for or in connection with the withdrawal, in

prescribed circumstances, of a penalty notice, including—

                        (i)                        repayment of any amount paid by way of penalty under

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a penalty notice which is withdrawn, and

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    21

 

                        (ii)                       prohibition of the institution or continuation of

proceedings for the offence to which the withdrawn

notice relates (and any offence under section 444(1A)

arising out of the same circumstances),

                  (i)                 provision for a certificate—

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                        (i)                        purporting to be signed by or on behalf of a prescribed

person, and

                        (ii)                       stating that payment of any amount paid by way of

penalty was or, as the case may be, was not received on

or before a date specified in the certificate,

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                                      to be received in evidence of the matters so stated,

                  (j)                 provision as to the action to be taken if a penalty is not paid in

accordance with a penalty notice,

                  (k)                 provision for or in connection with the preparation of codes of

conduct in relation to the giving of penalty notices,

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                  (l)                 such other provision in relation to penalties or penalty notices

as the Secretary of State thinks necessary or expedient.

           (2)           Without prejudice to the generality of subsection (1) or section 569(4),

regulations under subsection (1)(b) may make provision for penalties

of different amounts to be payable in different cases or circumstances

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(including provision for the penalty payable under a penalty notice to

differ according to the time by which it is paid).

           (3)           Local education authorities, head teachers and authorised officers shall,

in carrying out their functions in relation to penalty notices, have

regard to any guidance which is published by the Secretary of State

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from time to time in relation to penalty notices.

           (4)           In this section and section 444A—

                                  “authorised officer” means—

                        (a)                        a constable,

                        (b)                        an officer of a local education authority in England who

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is authorised by the authority to give penalty notices, or

                        (c)                        an authorised staff member,

                                  “authorised staff member” means—

                        (a)                        a head teacher of a relevant school in England, or

                        (b)                        a member of the staff of a relevant school in England

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who is authorised by the head teacher of the school to

give penalty notices,

                                  “penalty” means a penalty under a penalty notice,

                                  “penalty notice” has the meaning given by section 444A(2),

                                  “relevant school” means—

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                        (a)                        a maintained school,

                        (b)                        a pupil referral unit,

                        (c)                        an Academy,

                        (d)                        a city technology college, or

                        (e)                        a city college for the technology of the arts.”

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     (2)    In section 572 of that Act (service of notices and other documents) for “served

on any person may be served” substitute “served on, or given to, any person

may be served or given”.

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    22

 

     (3)    In paragraph 1(2) of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers

of community support officers to issue fixed penalty notices) after paragraph

(a) insert—

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

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

5

respect of failure to secure regular attendance at school of

registered pupil);”.

     (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

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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

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)

15

insert—

                       “(7)                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)(aa), sub-paragraph (2) 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”.”

     (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

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

respect of failure to secure regular attendance at school of

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

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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

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

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penalty offence”.”

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

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

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mentioned in paragraph 1(2)(ab), sub-paragraph (1) 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”.”

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

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

place where they occur.

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

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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

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).

5

 24    Interpretation

In this section and sections 19 to 21

                      “the appropriate person” means—

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

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

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                      “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

teacher in charge,

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

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                      “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,

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

1996 Act,

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                      “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

Act 2002 (c. 32), or

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

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                      “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

                  (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

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order without his consent,

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

Criminal conduct and anti-social behaviour

 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

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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

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

conduct or anti-social behaviour.

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     (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

may be so specified, and

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    24

 

           (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.

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

requirement to attend a counselling or guidance programme.

5

     (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.

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

youth offending team.

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     (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

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

Secretary of State from time to time for that purpose.

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 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.

     (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.

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     (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-

social behaviour, and

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

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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—

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

requirements as are specified in the order, and

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           (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.

     (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

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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

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.

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     (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

conduct or further anti-social behaviour.

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    25

 

     (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.

 27    Parenting orders: supplemental

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

5

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

           (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.

10

     (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

likely effect of the order on those circumstances.

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

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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.

     (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

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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

under section 26.

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

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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

     (1)    In this section and sections 25 to 28

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

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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,

                    “criminal conduct” means conduct which—

                  (a)                 constitutes a criminal offence, or

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                  (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,

                    “guardian” has the same meaning as in the Children and Young Persons

Act 1933 (c. 12),

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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),

 

 

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

    26

 

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

                    “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

paragraph (e) insert—

5

                  “(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

Dispersal of groups etc.

10

 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—

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

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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

relevant locality.

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     (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

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

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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

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

30

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

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

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           (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;

            but this subsection is subject to subsection (5).

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     (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

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

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

 

 

 
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