Policing and Crime Bill

House of Lords

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 1 — Police reform
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(1ZB)
A person who is a designated person for the purposes of section 28 or
29 by reference to an office, rank or position with the authorising force
may grant an authorisation under that section on an application made
by a member of a collaborative force.
(1ZC)
For the purposes of subsection (1ZB) a police force is a collaborative
5
force if—
(a)
its chief officer of police is a party to the agreement mentioned
in subsection (1ZA); and
(b)
its members are permitted by the terms of the agreement to
make applications for authorisations under section 28 or 29 to a
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person who is a designated person for the purposes of that
section by reference to an office, rank or position with the
authorising force.
(1ZD)
Subsection (1ZE) applies if the chief constable of a Scottish police force
(“the Scottish authorising force”) has made an agreement under section
15
12(1) of the Police (Scotland) Act 1967 with the chief constable of one or
more other Scottish police forces.
(1ZE)
A person who is a designated person for the purposes of section 28 or
29 by reference to an office, rank or position with the Scottish
authorising force may grant an authorisation under that section on an
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application made by a member of a collaborative force (subject to
subsection (1ZF)).
(1ZF)
The person may grant the authorisation only if section 28(3)(a) or (c) or
29(3)(a) or (c) applies to it.
(1ZG)
For the purposes of subsection (1ZE) a Scottish police force is a
25
collaborative force if—
(a)
its chief constable is a party to the agreement mentioned in
subsection (1ZD); and
(b)
its members are permitted by the terms of the agreement to
make applications for authorisations under section 28 or 29 to a
30
person who is a designated person for the purposes of that
section by reference to an office, rank or position with the
Scottish authorising force.”
(4)
In subsection (3), at the beginning insert “Subject to subsections (3ZB) and
(3ZE),”.
35
(5)
After subsection (3) insert—
“(3ZA)
Subsection (3ZB) applies if—
(a)
the chief officer of police of a police force (“the surveillance
authorising force”) has made an agreement under section 23(1)
of the Police Act 1996 with the chief office of police of one or
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more other police forces; and
(b)
an application for an authorisation for the carrying out of
intrusive surveillance is made by a member of a collaborative
force.
(3ZB)
A person who is a senior authorising officer by reference to the
45
surveillance authorising force may—
(a)
grant the authorisation;

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Part 1 — Police reform
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(b)
in a case where the authorisation is for the carrying out of
intrusive surveillance in relation to any residential premises,
grant the authorisation only in relation to premises in the area
which is—
(i)
the area of operation of a collaborative force; and
5
(ii)
specified in relation to members of that force in the
agreement mentioned in subsection (3ZA).
(3ZC)
For the purposes of subsections (3ZA) and (3ZB) a police force is a
collaborative force if—
(a)
its chief officer of police is a party to the agreement mentioned
10
in subsection (3ZA); and
(b)
its members are permitted by the terms of the agreement to
make applications for authorisations for the carrying out of
intrusive surveillance to a person who is a senior authorising
officer by reference to the surveillance authorising force.
15
(3ZD)
Subsection (3ZE) applies if—
(a)
the chief constable of a Scottish police force (“the Scottish
surveillance authorising force”) has made an agreement under
section 12(1) of the Police (Scotland) Act 1967 with the chief
constable of one or more other Scottish police forces; and
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(b)
an application for an authorisation for the carrying out of
intrusive surveillance is made by a member of a collaborative
force.
(3ZE)
A person who is a senior authorising officer by reference to the Scottish
surveillance authorising force may—
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(a)
grant the authorisation (subject to subsection (3ZF));
(b)
in a case where the authorisation is for the carrying out of
intrusive surveillance in relation to any residential premises,
grant the authorisation only in relation to premises in the area
which is—
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(i)
the area of operation of a collaborative force; and
(ii)
specified in relation to members of that force in the
agreement mentioned in subsection (3ZD).
(3ZF)
The person may grant the authorisation only if section 32(3)(a) or (c)
applies to it.
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(3ZG)
For the purposes of subsections (3ZD) and (3ZE) a Scottish police force
is a collaborative force if—
(a)
its chief constable is a party to the agreement mentioned in
subsection (3ZD); and
(b)
its members are permitted by the terms of the agreement to
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make applications for authorisations for the carrying out of
intrusive surveillance to a person who is a senior authorising
officer by reference to the Scottish surveillance authorising
force.”
(6)
After subsection (5) insert—
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“(5A)
In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police
force is to the following—

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Part 1 — Police reform
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(a)
any police force maintained under section 2 of the Police Act
1996 (police forces in England and Wales outside London),
(b)
the metropolitan police force; and
(c)
the City of London police force.
(5B)
In subsections (1ZD) to (1ZG) and (3ZD) to (3ZG) a reference to a
5
Scottish police force is to a police force maintained under or by virtue
of section 1 of the Police (Scotland) Act 1967.”
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Police officers engaged on service outside their force etc
(1)
After section 97 of the Police Act 1996 (c. 16) insert—
“97A
Power to amend section 97
10
(1)
The Secretary of State may by order amend the definition of “relevant
service” in section 97(1).
(2)
An order under this section may make transitional, consequential,
incidental and supplemental provision or savings.
(3)
The provision that may be made under subsection (2) includes
15
provision amending any enactment.
(4)
A statutory instrument containing an order under this section shall be
subject to annulment in pursuance of a resolution of either House of
Parliament.”
(2)
After section 11 of the Police Pensions Act 1976 (c. 35) insert—
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“11A
Power to amend
(1)
The Secretary of State may by order amend section 11 for the purpose
of altering the descriptions of service to which subsection (1) applies.
(2)
An order under this section may make transitional, consequential,
incidental and supplemental provision or savings.
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(3)
The provision that may be made under subsection (2) includes
provision amending any enactment.
(4)
An order under this section shall be made by statutory instrument.
(5)
A statutory instrument containing an order under this section shall be
subject to annulment in pursuance of a resolution of either House of
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Parliament.”
(3)
In section 63(3) of the Police Act 1996 (consultation of Police Advisory Board
for England and Wales)—
(a)
after paragraph (c) insert “or
(d)
an order under section 97A, or
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(e)
an order under section 11A of the Police Pensions Act
1976 (power to amend kinds of service),”, and
(b)
for “draft of the regulations or rules” substitute “draft of the
regulations, rules or order”.

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10
Police equipment
(1)
Section 53 of the Police Act 1996 (c. 16) (regulations as to standard of
equipment) is amended as follows.
(2)
In subsection (1A)—
(a)
in paragraphs (a), (b), (c) and (e) for “all police forces in England and
5
Wales” substitute “one or more police forces”, and
(b)
in paragraph (d) for “police forces in England and Wales” substitute
“one or more police forces”.
(3)
In subsection (1B) for “generally of the police forces maintained for police areas
in England and Wales” substitute “of one or more police forces”.
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(4)
In subsection (2C) before paragraph (a) insert—
“(za)
software;”.
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Police procedures and practices
(1)
Section 53A of the Police Act 1996 (regulation of procedures and practices) is
amended as follows.
15
(2)
In subsection (1) for “all police forces in England and Wales” substitute “one or
more police forces”.
(3)
In subsection (7)(a) after “in order to” insert “—
(i)
promote the efficiency and effectiveness of a police
force, or
20
(ii)
”.
12
Police facilities and services
In section 57(3) of the Police Act 1996 (regulations requiring police forces to use
specified facilities or services) for “all police forces in England and Wales”
substitute “one or more police forces”.
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Part 2
Sexual offences and sex establishments
Prostitution
13
Paying for sexual services of a prostitute subjected to force etc: England and
Wales
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After section 53 of the Sexual Offences Act 2003 (c. 42) insert—
“53A
Paying for sexual services of a prostitute subjected to force etc.
(1)
A person (A) commits an offence if—
(a)
A makes or promises payment for the sexual services of a
prostitute (B),
35
(b)
a third person (C) has used force, deception or threats of a kind
likely to induce or encourage B to provide the sexual services
for which A has made or promised payment, and

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(c)
C acted for or in the expectation of gain for C or another person
(apart from A or B).
(2)
The following are irrelevant—
(a)
where in the world the sexual services are to be provided and
whether those services are provided,
5
(b)
whether A is, or ought to be, aware that C has used force,
deception or threats.
(3)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(4)
For the purposes of this section “force” includes coercion by threats or
10
other psychological means including exploitation of vulnerability.”
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Paying for sexual services of a prostitute subjected to force etc: Northern
Ireland
After Article 64 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 1769
(N.I. 12)) insert—
15
“64A
Paying for sexual services of a prostitute subjected to force etc.
(1)
A person (A) commits an offence if—
(a)
A makes or promises payment for the sexual services of a
prostitute (B),
(b)
a third person (C) has used force, deception or threats of a kind
20
likely to induce or encourage B to provide the sexual services
for which A has made or promised payment, and
(c)
C acted for or in the expectation of gain for C or another person
(apart from A or B).
(2)
The following are irrelevant—
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(a)
where in the world the sexual services are to be provided and
whether those services are provided,
(b)
whether A is, or ought to be, aware that C has used force,
deception or threats.
(3)
A person guilty of an offence under this Article shall be liable on
30
summary conviction to a fine not exceeding level 3 on the standard
scale.
(4)
For the purposes of this section “force” includes coercion by threats or
other psychological means including exploitation of vulnerability.”
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Amendment to offence of loitering etc for purposes of prostitution
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(1)
The Street Offences Act 1959 (c. 57) is amended as follows.
(2)
In subsection (1) of section 1 (loitering or soliciting for purposes of
prostitution)—
(a)
for “common prostitute” substitute “person”, and
(b)
after “female)” insert “persistently”.
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(3)
In subsection (4) of that section after “section” insert “—
(a)
conduct is persistent if it takes place on two or more occasions
in any period of three months;
(b)
any reference to a person loitering or soliciting for the purposes
of prostitution is a reference to a person loitering or soliciting
5
for the purposes of offering services as a prostitute;
(c)
”.
(4)
Omit section 2 (application to court by person cautioned for loitering or
soliciting).
(5)
In determining for the purposes of section 1 of the Street Offences Act 1959
10
(c. 57) (as amended by this section) whether a person’s conduct is persistent,
any conduct that takes place before the commencement of this section is to be
disregarded.
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Orders requiring attendance at meetings
(1)
The Street Offences Act 1959 is amended as follows.
15
(2)
In section 1 (loitering or soliciting for purposes of prostitution) after subsection
(2) insert—
“(2A)
The court may deal with a person convicted of an offence under this
section by making an order requiring the offender to attend three
meetings with the person for the time being specified in the order (“the
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supervisor”) or with such other person as the supervisor may direct.
(2B)
The purpose of an order under subsection (2A) is to assist the offender,
through attendance at those meetings, to—
(a)
address the causes of the conduct constituting the offence, and
(b)
find ways to cease engaging in such conduct in the future.
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(2C)
Where the court is dealing with an offender who is already subject to
an order under subsection (2A), the court may not make a further order
under that subsection unless it first revokes the existing order.
(2D)
If the court makes an order under subsection (2A) it may not impose
any other penalty in respect of the offence.”
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(3)
After section 1 insert—
“1A
Orders under section 1(2A): supplementary
(1)
This section applies to an order under section 1(2A).
(2)
The order may not be made unless a suitable person has agreed to act
as supervisor in relation to the offender.
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(3)
In subsection (2) “suitable person” means a person appearing to the
court to have appropriate qualifications or experience for helping the
offender to make the best use of the meetings for the purpose
mentioned in section 1(2B).
(4)
The order must specify—
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(a)
a date (not more than six months after the date of the order) by
which the meetings required by the order must take place;

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(b)
the local justice area in which the offender resides or will reside
while the order is in force.
(5)
The supervisor must determine—
(a)
the times of the meetings required by the order and their
duration, and
5
(b)
the places at which they are held.
(6)
The supervisor must—
(a)
make any arrangements that are necessary to enable the
meetings required by the order to take place; and
(b)
once the order has been complied with, notify the court which
10
made the order of that fact.
(7)
The court making the order must provide copies of it to the offender
and the supervisor.
(8)
Subsection (9) applies where—
(a)
the order is made by the Crown Court, or
15
(b)
the order is made by a magistrates’ court but specifies a local
justice area for which the court making the order does not act.
(9)
The court must provide to a magistrates’ court acting for the local
justice area specified in the order—
(a)
a copy of the order, and
20
(b)
any documents and information relating to the case that it
considers likely to be of assistance to that court in the exercise of
any functions in relation to the order.
(10)
The order ceases to be in force (unless revoked earlier under section
1(2C) or under the Schedule to this Act)—
25
(a)
at the end of the day on which the supervisor notifies the court
that the order has been complied with, or
(b)
at the end of the day specified in the order under subsection
(4)(a),

whichever first occurs.
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(11)
The Schedule to this Act (which relates to failure to comply with orders
under section 1(2A) and to the revocation or amendment of such
orders) has effect.”
(4)
At the end of the Act insert the Schedule set out in Schedule 1 to this Act.
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Rehabilitation of offenders: orders under section 1(2A) of the Street Offences
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Act 1959
(1)
The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
(2)
In section 5 (rehabilitation periods for particular sentences) after subsection
(4C) insert—
“(4D)
The rehabilitation period applicable to an order under section 1(2A) of
40
the Street Offences Act 1959 shall be six months from the date of
conviction for the offence in respect of which the order is made.”
(3)
In section 6 of that Act (the rehabilitation period applicable to a conviction)