Police and Justice Act 2006 (c. 48)

(The document as of February, 2008)

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(a) paragraphs (a) to (d) of section 30A(3A) apply,

(b) requirements imposed by the conditions as so varied must be requirements that appear to the court varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and

(4) Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power--

(a) to vary or rescind any of the conditions, and

(b) to impose further conditions. "

Power of arrest for breach of bail conditions

5 (1) Section 30D (failure to answer to bail under section 30A) is amended as follows.

(2) After subsection (2) there is inserted--

" (2A) A person who has been released on bail under section 30A may be arrested without a warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

(2B) A person arrested under subsection (2A) must be taken to a police station (which may be the specified police station mentioned in subsection (1) or any other police station) as soon as practicable after the arrest. "

(3) In subsection (4)(a) (arrest under section 30D treated for purposes of section 30 as arrest for offence, subject to obligation in subsection (2)), for "obligation in subsection (2)" there is substituted "obligations in subsections (2) and (2B)".

Part 3 Police bail granted at police station before charge

Power to impose conditions on bail granted under section 37(2) or (7)(b)

6 In section 47(1A) (where person released on bail under Part 4, normal powers to impose conditions of bail are available only where release is under section 37(7)(a) or 38(1)), for "37(7)(a)" there is substituted "37".

Power of arrest for breach of conditions of bail granted under section 37(2) or (7)(b)

7 In section 46A(1A) (person released on bail under section 37(7)(a) or 37C(2)(b) may be arrested without warrant if suspected of breaking conditions of bail), for "37(7)(a) or 37C(2)(b)" there is substituted "37, 37C(2)(b) or 37CA(2)(b)".

Dealing with person arrested for breach of conditions of bail granted under section 37(7)(b)

8 (1) After section 37C there is inserted--

" 37CA Breach of bail following release under section 37(7)(b)

(1) This section applies where a person released on bail under section 37(7)(b) above or subsection (2)(b) below--

(a) is arrested under section 46A below in respect of that bail, and

(b) is being detained following that arrest at the police station mentioned in section 46A(2) below.

(2) The person arrested--

(a) shall be charged, or

(b) shall be released without charge, either on bail or without bail.

(3) The decision as to how a person is to be dealt with under subsection (2) above shall be that of a custody officer.

(4) A person released on bail under subsection (2)(b) above shall be released on bail subject to the same conditions (if any) which applied immediately before his arrest. "

(2) In section 37A(1)(a) and (3) (guidance as to exercise of functions under sections 37(7) and 37C(2)), after "37C(2)" there is inserted "or 37CA(2)".

Time for person to answer bail granted under section 37(2) or (7)(b) or 37CA(2)(b)

9 (1) In section 37D(1) (release on bail under section 37(7)(a) or 37C(2)(b): appointment of different or additional time to answer bail), for "37(7)(a) or section 37C(2)(b)" there is substituted "37, 37C(2)(b) or 37CA(2)(b)".

(2) In the heading to section 37D, for "under section 37(7)(a)" there is substituted "on bail under section 37".

Dealing with person released on bail under section 37(7)(b) or 37CA(2)(b)

10 (1) Section 37D (release under section 37(7)(a): further provision) is amended as follows.

(2) For subsection (5) (person not fit to be dealt with as mentioned in subsection (4) to be detained until fit) there is substituted--

" (4A) Where a person released on bail under section 37(7)(b) or 37CA(2)(b) above returns to a police station to answer bail or is otherwise in police detention at a police station, he may be kept in police detention to enable him to be dealt with in accordance with section 37CA above or to enable the power under subsection (1) above to be exercised.

(5) If the person mentioned in subsection (4) or (4A) above is not in a fit state to enable him to be dealt with as mentioned in that subsection or to enable the power under subsection (1) above to be exercised, he may be kept in police detention until he is. "

(3) In subsection (6) (application of section 37 where person detained under section 37D)--

(a) after "subsection (4)" there is inserted ", (4A)";

(b) for "37(7)(a) or 37C(2)(b)" there is substituted "37(7), 37C(2)(b) or 37CA(2)(b)".

Applications to court where person released on bail under section 37(2) or (7)(b) or 37CA(2)(b)

11 In section 47(1B) and (1C) (applications to court where person on bail under section 37(7)(a) or 37C(2)(b)), for "37(7)(a) or 37C(2)(b)" there is substituted "37, 37C(2)(b) or 37CA(2)(b)".

Section 15

SCHEDULE 7 Schedule to be inserted into the Police Reform Act 2002

" SCHEDULE 5A Powers exercisable by accredited inspectors

Power to issue fixed penalty notices

1 (1) An accredited inspector whose accreditation specifies that this paragraph applies to him shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.

(2) The powers are the powers of a constable in uniform to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) so far as exercisable in respect of a relevant fixed penalty offence.

Power to require giving of name and address

2 (1) Where an accredited inspector whose accreditation specifies that this paragraph applies to him has reason to believe that a person has committed a relevant fixed penalty offence in the relevant police area, he may require the person to give him his name and address.

(2) A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Photographing of persons given fixed penalty notices

3 An accredited inspector whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable under section 64A(1A) of the 1984 Act (photographing of suspects etc) to take a photograph, elsewhere than at a police station, of a person to whom the accredited inspector has given a penalty notice in exercise of the powers mentioned in paragraph 1(2).

Interpretation

4 In this Schedule--

"the relevant police area", in relation to an accredited inspector, means the police area for which the police force whose chief officer granted his accreditation is maintained;
"relevant fixed penalty offence", in relation to an accredited inspector, means an offence which--
(a)
is an offence contained in a provision mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001, and
(b)
is specified or described in his accreditation as an offence he has been accredited to enforce. "

Section 19

SCHEDULE 8 Further provision about crime and disorder committees of certain local authorities

Introductory

1 (1) This Schedule applies in relation to a local authority that is not operating executive arrangements under Part 2 of the Local Government Act 2000 (c. 22).

(2) In this Schedule "local authority" and "crime and disorder committee" have the same meaning as in section 19.

Functions of crime and disorder committees

2 (1) The crime and disorder committee of a local authority may not discharge any functions other than its functions under section 19 or this Schedule.

(2) In the case of a committee of a local authority that acts as its crime and disorder committee and also acts in one or more other capacities, the reference in sub-paragraph (1) to the crime and disorder committee is a reference to that committee in its capacity as crime and disorder committee.

Appointment of sub-committees

3 (1) The crime and disorder committee of a local authority--

(a) may appoint one or more sub-committees, and

(b) may arrange for the discharge of any of its functions by any such sub-committee.

(2) A sub-committee of the crime and disorder committee may not discharge any functions other than those conferred on it under sub-paragraph (1)(b).

Meetings etc

4 A local authority shall make arrangements--

(a) for enabling a member of the crime and disorder committee of the authority to ensure that a matter that is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee, and

(b) for enabling a member of a sub-committee of such a committee to ensure that a matter that is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee.

5 The crime and disorder committee of a local authority, or a sub-committee of such a committee, may include persons who are not members of the authority, but (subject to section 20(6)) such persons are not entitled to vote, at a meeting of such a committee or sub-committee, on any question that falls to be decided at that meeting.

Power to compel attendance etc

6 (1) The crime and disorder committee of a local authority or a sub-committee of such a committee--

(a) may require members or officers of the authority to attend before it to answer questions;

(b) may invite other persons to attend meetings of the committee.

(2) A member or officer of a local authority shall comply with any requirement made under sub-paragraph (1)(a).

(3) A person is not obliged by sub-paragraph (2) to answer any question that he would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.

Miscellaneous and supplemental

7 The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a committee or sub-committee of a principal council for the purposes of Part 5A of the Local Government Act 1972 (c. 70) (access to meetings and documents of certain authorities, committees and sub-committees).

8 The crime and disorder committee of a local authority, or a sub-committee of such a committee, is to be treated as a body to which section 15 of the Local Government and Housing Act 1989 (c. 42) (duty to allocate seats to political groups) applies.

9 Subsections (2) and (5) of section 102 of the Local Government Act 1972 (appointment of committees) apply to the crime and disorder committee of a local authority, or a sub-committee of such a committee, as they apply to a committee appointed under that section.

Application to the City of London

10 Paragraph 8 does not apply to the crime and disorder committee of the Common Council or to a sub-committee of that committee.

11 (1) The Common Council may discharge its duty under section 19(1) by itself acting as the crime and disorder committee of the Council, and sub-paragraphs (2) to (4) apply if it does so.

(2) In section 19 or 20 or this Schedule, or in section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies), a reference to the crime and disorder committee of a local authority includes a reference to the Common Council in its capacity as crime and disorder committee.

(3) Paragraph 2, in its application to the Common Council, has effect with the omission of sub-paragraph (2).

(4) Paragraph 9, in its application to the Common Council, applies only so far as it relates to sub-committees.

12 In paragraphs 10 and 11 "the Common Council" means the Common Council of the City of London.

Section 22

SCHEDULE 9 Amendments to the Crime and Disorder Act 1998

1 The Crime and Disorder Act 1998 (c. 37) is amended as follows.

2 (1) Section 5 (authorities responsible for strategies) is amended as follows.

(2) In subsection (1), after "functions conferred by" there is inserted "or under".

(3) In subsection (1A)(a), for "by sections 6 to 7" there is substituted "by or under section 6 or by section 7".

(4) In subsection (1B)(b), after "drugs" there is inserted ", alcohol and other substances".

(5) After subsection (5) there is inserted--

" (6) The appropriate national authority may by order amend this section by--

(a) adding an entry for any person or body to the list of authorities in subsection (1),

(b) altering or repealing an entry for the time being included in the list, or

(7) In this section the "appropriate national authority", in relation to a person or body, means--

(a) the National Assembly for Wales, if all the functions of the person or body are devolved Welsh functions;

(b) the Secretary of State and the Assembly acting jointly, if the functions of the person or body include devolved Welsh functions and other functions; and

(8) In subsection (7), "devolved Welsh functions" means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions. "

3 For sections 6 and 6A there is substituted--

" 6 Formulation and implementation of strategies

(1) The responsible authorities for a local government area shall, in accordance with section 5 and with regulations made under subsection (2), formulate and implement--

(a) a strategy for the reduction of crime and disorder in the area (including anti-social and other behaviour adversely affecting the local environment); and

(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.

(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 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 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;

(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 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 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

(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.

(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.

(9) In this section the "appropriate national authority" is--

(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;

(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.

(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 area. "

(3) For subsection (2) there is substituted--

" (2) This section applies to each of the following--

a local authority;
a joint authority;
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;
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 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

(5) In subsection (4) "the appropriate national authority" has the same meaning as in section 5. "

5 After section 17 there is inserted--

" 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.

(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 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 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;

(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--

" (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)). "

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 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 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

(4) In subsection (3) "the appropriate national authority" has the same meaning as in section 5. "

Section 27

SCHEDULE 10 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 27(6) (injunctions in local authority proceedings: power of arrest and remand).

(2) In this Schedule "the court" has the same meaning as in section 27.

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 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, 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 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 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 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

(b) if the court adjourns a case under section 27(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 custody of a constable.

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.

(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), 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 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, 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 interfere with witnesses or otherwise obstruct the course of justice.

Section 39

SCHEDULE 11 Schedule to be inserted into the Protection of Children Act 1978

" SCHEDULE Forfeiture of indecent photographs of children

Application of Schedule

1 (1) This Schedule applies where--

(a) property which has been lawfully seized in England and Wales is in the custody of a constable,

(b) ignoring this Schedule, there is no legitimate reason for the constable to retain custody of the property,

(c) the constable is satisfied that there are reasonable grounds for believing that the property is or is likely to be forfeitable property, and

(d) ignoring this Schedule, the constable is not aware of any person who has a legitimate reason for possessing the property or any readily separable part of it.

(2) The following property is "forfeitable property"--

(a) any indecent photograph or pseudo-photograph of a child;

(b) any property which it is not reasonably practicable to separate from any property within paragraph (a).

(3) For the purposes of this paragraph--

(a) a part of any property is a "readily separable part" of the property if, in all the circumstances, it is reasonably practicable for it to be separated from the remainder of that property, and

(b) it is reasonably practicable for a part of any property to be separated from the remainder if it is reasonably practicable to separate it without prejudicing the remainder of the property or another part of it.

(4) The circumstances mentioned in sub-paragraph (3)(a) include the time and costs involved in separating the property.

Possession pending forfeiture

2 (1) The property must be retained in the custody of a constable until it is returned or otherwise disposed of in accordance with this Schedule.

(2) Nothing in the Police (Property) Act 1897 (property seized in the investigation of an offence) applies to property held under this Schedule.

The relevant officer

3 "The relevant officer", in relation to any property, is the constable who for the time being has custody of the property.

Notice of intended forfeiture

4 (1) The relevant officer must give notice of the intended forfeiture of the property ("notice of intended forfeiture") to--

(a) every person whom he believes to have been the owner of the property, or one of its owners, at the time of the seizure of the property,

(b) where the property was seized from premises, every person whom the relevant officer believes to have been an occupier of the premises at that time, and

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