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Policing and Crime Bill


Policing and Crime Bill
Part 1 — Police reform

12

 

(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

10

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

20

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

40

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;

 
 

Policing and Crime Bill
Part 1 — Police reform

13

 

(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

20

(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—

25

(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—

30

(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.

35

(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

40

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—

45

“(5A)   

In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police

force is to the following—

 
 

Policing and Crime Bill
Part 1 — Police reform

14

 

(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.”

9       

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—

20

“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.

25

(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

30

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

35

(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”.

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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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”.

10

(4)   

In subsection (2C) before paragraph (a) insert—

“(za)   

software;”.

11      

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”.

25

Part 2

Sexual offences and sex establishments

Prostitution

13      

Paying for sexual services of a prostitute subjected to force etc: England and

Wales

30

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

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

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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.”

14      

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—

25

(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.”

15      

Amendment to offence of loitering etc for purposes of prostitution

35

(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”.

40

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

17

 

(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.

16      

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

20

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.

25

(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.”

30

(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.

35

(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—

40

(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;

 
 

Policing and Crime Bill
Part 2 — Sexual offences and sex establishments

18

 

(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.

30

(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.

17      

Rehabilitation of offenders: orders under section 1(2A) of the Street Offences

35

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)

 
 

 
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