Police and Justice Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Schedule 7 — Amendments to the Crime and Disorder Act 1998
104

(b)
a strategy for combatting the misuse of drugs, alcohol and
other substances in the area.
(2)
The appropriate national authority may by regulations make further
provision as to the formulation and implementation of a strategy
under this section.
5
(3)
Regulations under subsection (2) may in particular make provision
for or in connection with—
(a)
the time by which a strategy must be prepared and the period
to which it is to relate;
(b)
the procedure to be followed by the responsible authorities in
10
preparing and implementing a strategy (including
requirements as to the holding of public meetings and other
consultation);
(c)
the conferring of functions on any one or more of the
responsible authorities in relation to the formulation and
15
implementation of a strategy;
(d)
matters to which regard must be had in formulating and
implementing a strategy;
(e)
objectives to be addressed in a strategy and performance
targets in respect of those objectives;
20
(f)
the sharing of information between responsible authorities;
(g)
the publication and dissemination of a strategy;
(h)
the preparation of reports on the implementation of a
strategy.
(4)
The provision which may be made under subsection (2) includes
25
provision for or in connection with the conferring of functions on a
committee of, or a particular member or officer of, any of the
responsible authorities.
(5)
The matters referred to in subsection (3)(d) may in particular include
guidance given by the appropriate national authority in connection
30
with the formulation or implementation of a strategy.
(6)
Provision under subsection (3)(e) may require a strategy to be
formulated so as to address (in particular)—
(a)
the reduction of crime or disorder of a particular description;
or
35
(b)
the combatting of a particular description of misuse of drugs,
alcohol or other substances.
(7)
Regulations under this section may make—
(a)
different provision for different local government areas;
(b)
supplementary or incidental provision.
40
(8)
For the purposes of this section any reference to the implementation
of a strategy includes—
(a)
keeping it under review for the purposes of monitoring its
effectiveness; and
(b)
making any changes to it that appear necessary or expedient.
45
(9)
In this section the “appropriate national authority” is—

Police and Justice Bill
Schedule 7 — Amendments to the Crime and Disorder Act 1998
105

(a)
the Secretary of State, in relation to strategies for areas in
England;
(b)
the National Assembly for Wales, in relation to strategies for
combatting the misuse of drugs, alcohol or other substances
in areas in Wales;
5
(c)
the Secretary of State and the Assembly acting jointly, in
relation to strategies for combatting crime and disorder in
areas in Wales.”
4     (1)
Section 17 (duty to consider crime and disorder implications) is amended as
follows.
10
      (2)
In subsection (1), for “crime and disorder in its area” there is substituted—
“(a)
crime and disorder in its area (including anti-social and
other behaviour adversely affecting the local
environment); and
(b)
the misuse of drugs, alcohol and other substances in its
15
area.”
      (3)
For subsection (2) there is substituted—
“(2)
This section applies to each of the following—
a local authority;
a joint authority;
20
the London Fire and Emergency Planning Authority;
a fire and rescue authority constituted by a scheme under
section 2 of the Fire and Rescue Services Act 2004 or a scheme
to which section 4 of that Act applies;
a metropolitan county fire authority;
25
a police authority;
a National Park authority;
the Broads Authority.”
      (4)
After subsection (3) there is inserted—
“(4)
The appropriate national authority may by order amend this section
30
by—
(a)
adding an entry for any person or body to the list of
authorities in subsection (2),
(b)
altering or repealing any entry for the time being included in
the list, or
35
(c)
adding, altering or repealing provisions for the interpretation
of entries in the list.
(5)
In subsection (4) “the appropriate national authority” has the same
meaning as in section 5.”
5
After section 17 there is inserted—
40
“17A
Sharing of information
(1)
A relevant authority is under a duty to disclose to all other relevant
authorities any information held by the authority which is of a
prescribed description, at such intervals and in such form as may be
prescribed.
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Police and Justice Bill
Schedule 7 — Amendments to the Crime and Disorder Act 1998
106

(2)
In subsection (1) “prescribed” means prescribed in regulations made
by the Secretary of State.
(3)
The Secretary of State may only prescribe descriptions of
information which appears to him to be of potential relevance in
relation to the reduction of crime and disorder in any area of England
5
and Wales (including anti-social or other behaviour adversely
affecting the local environment in that area).
(4)
Nothing in this section requires a relevant authority to disclose any
personal data (within the meaning of the Data Protection Act 1998).
(5)
In this section “relevant authority” means an authority in England
10
and Wales which is for the time being a relevant authority for the
purposes of section 115.”
6     (1)
Section 114 (orders and regulations) is amended as follows.
      (2)
In subsection (2)—
(a)
“, 6A(1)” is omitted;
15
(b)
after “regulations under” there is inserted “section 6 or 17A or”.
      (3)
In subsection (3)—
(a)
after “1F,” there is inserted “5(6),”;
(b)
for “38(5) or 41(6)” there is substituted “17(4), 38(5), 41(6) or 115(3)”.
      (4)
After that subsection there is inserted—
20
“(4)
The Secretary of State must consult the National Assembly for Wales
before making an order under section 5(6), 17(4) or 115(3) that relates
to a person or body any of whose functions are dischargeable in
relation to Wales (not being functions of the kind referred to in
section 5(8)).”
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7     (1)
Section 115 (disclosure of information) is amended as follows.
      (2)
In subsection (2), for “subsection (1) above” there is substituted “this
section”, and at the end there is inserted—
“(h)
the London Fire and Emergency Planning Authority;
(i)
a fire and rescue authority constituted by a scheme under
30
section 2 of the Fire and Rescue Services Act 2004 or a scheme
to which section 4 of that Act applies;
(j)
a metropolitan county fire and rescue authority.”
      (3)
After that subsection there is inserted—
“(3)
The appropriate national authority may by order amend this section
35
so far as it extends to England and Wales by—
(a)
adding an entry for any person or body to the list of
authorities in subsection (2),
(b)
altering or repealing any entry for the time being included in
the list, or
40
(c)
adding, altering or repealing provisions for the interpretation
of entries in the list.
(4)
In subsection (3) “the appropriate national authority” has the same
meaning as in section 5.”

Police and Justice Bill
Schedule 8 — Injunctions in local authority proceedings: powers to remand
107

Schedule 8
Section 26

Injunctions in local authority proceedings: powers to remand
Introductory
1     (1)
The provisions of this Schedule apply where the court has power to remand
a person under section 26(6) (injunctions in local authority proceedings:
5
power of arrest and remand).
      (2)
In this Schedule “the court” has the same meaning as in section 26.
Remand in custody or on bail
2     (1)
The court may—
(a)
remand the person in custody, that is, commit him to custody to be
10
brought before the court at the end of the period of remand or at such
earlier time as the court may require, or
(b)
remand him on bail, in accordance with the following provisions.
      (2)
The court may remand the person on bail—
(a)
by taking from him a recognizance, with or without sureties,
15
conditioned as provided in paragraph 3, or
(b)
by fixing the amount of the recognizances with a view to their being
taken subsequently, and in the meantime committing him to custody
as mentioned in sub-paragraph (1)(a).
      (3)
Where a person is brought before the court after remand, the court may
20
further remand him.
3     (1)
Where a person is remanded on bail, the court may direct that his
recognizance be conditioned for his appearance—
(a)
before that court at the end of the period of remand, or
(b)
at every time and place to which during the course of the
25
proceedings the hearing may from time to time be adjourned.
      (2)
Where a recognizance is conditioned for a person’s appearance as
mentioned in sub-paragraph (1)(b), the fixing of any time for him next to
appear shall be deemed to be a remand.
      (3)
Nothing in this paragraph affects the power of the court at any subsequent
30
hearing to remand him afresh.
4     (1)
The court shall not remand a person for a period exceeding eight clear days
except that—
(a)
if the court remands him on bail, it may remand him for a longer
period if he and the other party consent, and
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(b)
if the court adjourns a case under section 26(9) (remand for medical
examination and report) the court may remand him for the period of
adjournment.
      (2)
Where the court has the power to remand a person in custody it may, if the
remand is for a period not exceeding three clear days, commit him to the
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custody of a constable.

Police and Justice Bill
Schedule 9 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
108

Further remand
5     (1)
If the court is satisfied that a person who has been remanded is unable by
reason of illness or accident to appear or be brought before the court at the
expiration of the period for which he was remanded, the court may, in his
absence, remand him for a further time.
5
      (2)
The power mentioned in sub-paragraph (1) may, in the case of a person who
was remanded on bail, be exercised by enlarging his recognizance and those
of any sureties for him to a later time.
      (3)
Where a person remanded on bail is bound to appear before the court at any
time and the court has no power to remand him under sub-paragraph (1),
10
the court may in his absence enlarge his recognizance and those of any
sureties for him to a later time.
      (4)
The enlargement of his recognizance shall be deemed to be a further
remand.
      (5)
Paragraph 4(1) (limit of remand) does not apply to the exercise of the powers
15
conferred by this paragraph.
Postponement of taking recognizance
6
Where under paragraph 2(2)(b) the court fixes the amount in which the
principal and his sureties, if any, are to be bound, the recognizance may
afterwards be taken by such person as may be prescribed by rules of court,
20
with the same consequences as if it had been entered into before the court.
Requirements imposed on remand on bail
7
The court may when remanding a person on bail under this Schedule
require him to comply, before release on bail or later, with such
requirements as appear to the court to be necessary to secure that he does not
25
interfere with witnesses or otherwise obstruct the course of justice.
Schedule 9
Section 34

Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
Tenure of Chief Inspector
1     (1)
Subject to the following provisions, the Chief Inspector holds office in
30
accordance with the terms of his appointment (or re-appointment).
      (2)
The Chief Inspector may not be appointed for more than five years at a time.
      (3)
The Chief Inspector may resign by notice in writing given to the responsible
ministers.
      (4)
The responsible ministers may remove the Chief Inspector from office if
35
satisfied that—
(a)
he has without reasonable excuse failed to exercise his functions for
a continuous period of three months beginning not earlier than six
months before the day of his removal from office,
(b)
he has been convicted of a criminal offence,
40

Police and Justice Bill
Schedule 9 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
109

(c)
a bankruptcy order has been made against him, or his estate has been
sequestrated, or he has made a composition or arrangement with, or
granted a trust deed for, his creditors, or
(d)
he is otherwise unable or unfit to exercise his functions.
Designation of person to discharge functions of Chief Inspector
5
2     (1)
The responsible ministers may designate a person to discharge the functions
of the office of Chief Inspector while that office is vacant.
      (2)
A designation under this paragraph may have effect for a period of up to
two years.
3
The Chief Inspector, or the responsible ministers if he is unable to do so, may
10
designate a person to discharge the functions of the Chief Inspector during
any period when he is absent or unable to act.
Salary etc of Chief Inspector
4     (1)
The responsible ministers shall pay to or in respect of the Chief Inspector
such—
15
(a)
salary,
(b)
allowances, and
(c)
sums for the provision of pensions,

as the responsible ministers determine.
      (2)
Sub-paragraph (3) applies where a person who by reference to any office or
20
employment is a participant in a scheme under section 1 of the
Superannuation Act 1972 (c. 11) becomes the Chief Inspector.
      (3)
The Minister for the Civil Service may determine that (instead of payments
being made to the person under sub-paragraph (1)(c)) his service as Chief
Inspector is to be treated for the purposes of the scheme as service in the
25
office or employment in question.
Staff
5     (1)
The Chief Inspector may employ staff, but subject to the approval of the
responsible ministers as to—
(a)
numbers;
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(b)
salary;
(c)
other terms of employment.
      (2)
The Chief Inspector may make arrangements for securing the provision to
him of such assistance as he considers appropriate for or in connection with
the exercise of his functions.
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      (3)
In exercising his functions under sub-paragraphs (1) and (2) the Chief
Inspector shall secure that there is available to him sufficient expertise and
experience relating to the systems and organisations falling within the scope
of his duties under sections 28 and 29.
      (4)
Employment as a member of staff of the Chief Inspector is among the kinds
40
of employment to which a superannuation scheme under section 1 of the
Superannuation Act 1972 can apply.

Accordingly, in Schedule 1 to that Act (employments etc to which section 1

Police and Justice Bill
Schedule 9 — Her Majesty’s Chief Inspector for Justice, Community Safety and Custody
110

can apply), at the appropriate place in the list of “Other Bodies” there is
inserted—
“Employment by Her Majesty’s Chief Inspector for Justice,
Community Safety and Custody.”
      (5)
Sub-paragraph (4) does not apply in relation to employment as a member of
5
staff of the Chief Inspector of a person falling within section 11(1)(bza) of the
Police Pensions Act 1976 (c. 35) (members of staff of the Chief Inspector who
are eligible for police pensions).
      (6)
The Chief Inspector shall pay to the Minister for the Civil Service, at such
times as the Minister may direct, such sums as the Minister may determine
10
in respect of any increase attributable to sub-paragraph (4) in the sums
payable out of money provided by Parliament under the Superannuation
Act 1972 (c. 11).
Expenses of Chief Inspector
6
The responsible ministers may make to or in respect of the Chief Inspector
15
payments in respect of expenditure incurred by him in the discharge of his
functions, including expenditure on payments to or in respect of staff.
Ancillary powers of Chief Inspector
7
The Chief Inspector may do anything that he considers necessary or
expedient for the purposes of, or in connection with, his functions.
20
Delegation of functions
8     (1)
The Chief Inspector may delegate any of his functions (to such extent as he
may determine) to—
(a)
any member of his staff;
(b)
any person providing assistance by virtue of paragraph 5(2);
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(c)
another public authority.
      (2)
If the carrying out of an inspection is delegated under sub-paragraph (1) it is
nevertheless to be regarded for the purposes of this Part as carried out by the
Chief Inspector.
Inspection programmes and inspection frameworks
30
9     (1)
The Chief Inspector shall from time to time, or at such times as the
responsible ministers may specify by order, prepare—
(a)
a document setting out what inspections he proposes to carry out (an
“inspection programme”);
(b)
a document setting out the manner in which he proposes to carry out
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his functions of inspecting and reporting (an “inspection
framework”).
      (2)
Before preparing an inspection programme or an inspection framework the
Chief Inspector shall consult—
(a)
the responsible ministers,
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(b)
the Lord Chief Justice,
(c)
the inspection authorities listed in section 30(6),
(d)
the National Assembly for Wales,