Police and Justice Act 2006 (c. 48)

(The document as of February, 2008)

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(3B) Conditions attached by virtue of subsection (3A)(b) may not require the offender to attend for more than 20 hours in total, not including any attendance required by conditions attached for the purpose of facilitating the offender's rehabilitation.

(3C) The Secretary of State may by order amend subsection (3B) by substituting a different figure. "

(4) After section 23 (requirements for conditional caution to be given) there is inserted--

" 23A Financial penalties

(1) A condition that the offender pay a financial penalty (a "financial penalty condition") may not be attached to a conditional caution given in respect of an offence unless the offence is one that is prescribed, or of a description prescribed, in an order made by the Secretary of State.

(2) An order under subsection (1) must prescribe, in respect of each offence or description of offence in the order, the maximum amount of the penalty that may be specified under subsection (5)(a).

(3) The amount that may be prescribed in respect of any offence must not exceed--

(a) one quarter of the amount of the maximum fine for which a person is liable on summary conviction of the offence, or

(b) £250,

whichever is the lower.

(4) The Secretary of State may by order amend subsection (3) by--

(a) substituting a different fraction in paragraph (a);

(b) substituting a different figure in paragraph (b).

(5) Where a financial penalty condition is attached to a conditional caution, a relevant prosecutor must also specify--

(a) the amount of the penalty,

(b) the designated officer for a local justice area to whom the penalty is to be paid, and

(6) To comply with the condition, the offender must pay the penalty to the specified officer.

(7) The offender may pay a sum in respect of the penalty by pre-paying and posting a letter containing that sum (in cash or otherwise) to the address specified under subsection (5)(c).

(8) If a person--

(a) claims to have made payment by the method described in subsection (7), and

(b) shows that his letter was posted,

then, unless the contrary is proved, payment is to be regarded as made at the time at which the letter would be delivered in the ordinary course of post.

(9) Subsection (7) is not to be read as preventing payment by other means. "

(5) In section 330 of that Act (orders subject to affirmative resolution procedure), in subsection (5)--

(a) in paragraph (a), before "section 25(5)" there is inserted--

" section 22(3C), " ;

(b) after that paragraph there is inserted--

" (aa) an order under section 23A(4) which makes provision--

(i) increasing the fraction in section 23A(3)(a), or

(ii) increasing the figure in section 23A(3)(b) by more than is necessary to reflect changes in the value of money, " .

18 Arrest for failing to comply with conditional caution

(1) In Part 3 of the Criminal Justice Act 2003 (c. 44) (conditional cautions), after section 24 there is inserted--

" 24A Arrest for failure to comply

(1) If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant.

(2) A person arrested under this section must be--

(a) charged with the offence in question,

(b) released without charge and on bail to enable a decision to be made as to whether he should be charged with the offence, or

(3) Subsection (2) also applies in the case of--

(a) a person who, having been released on bail under subsection (2)(b), returns to a police station to answer bail or is otherwise in police detention at a police station;

(b) a person who, having been released on bail under section 30A of the 1984 Act (bail elsewhere than at police station) as applied by section 24B below, attends at a police station to answer bail or is otherwise in police detention at a police station;

(c) a person who is arrested under section 30D or 46A of the 1984 Act (power of arrest for failure to answer to police bail) as applied by section 24B below.

(4) Where a person is released under subsection (2)(b), the custody officer must inform him that he is being released to enable a decision to be made as to whether he should be charged with the offence in question.

(5) A person arrested under this section, or any other person in whose case subsection (2) applies, may be kept in police detention--

(a) to enable him to be dealt with in accordance with that subsection, or

(b) where applicable, to enable the power under section 37D(1) of the 1984 Act (power of custody officer to appoint a different or additional time for answering to police bail), as applied by section 24B below, to be exercised.

If the person is not in a fit state to enable him to be so dealt with, or to enable that power to be exercised, he may be kept in police detention until he is.

(6) The power under subsection (5)(a) includes power to keep the person in police detention if it is necessary to do so for the purpose of investigating whether he has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution.

(7) Subsection (2) must be complied with as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest.

(8) Subsection (2) does not require a person who--

(a) falls within subsection (3)(a) or (b), and

(b) is in police detention in relation to a matter other than the conditional caution,

to be released if he is liable to be kept in detention in relation to that other matter.

(9) In this Part--

"the 1984 Act" means the Police and Criminal Evidence Act 1984;
"police detention" has the same meaning as in the 1984 Act (see section 118(2) of that Act).

24B Application of PACE provisions

(1) In the case of a person arrested under section 24A, the provisions of the 1984 Act specified in subsection (2) apply, with the modifications specified in subsection (3) and with such further modifications as are necessary, as they apply in the case of a person arrested for an offence.

(2) The provisions are--

(a) section 30 (arrest elsewhere than at police station);

(b) sections 30A to 30D (bail elsewhere than at police station);

(d) section 34(1) to (5) (limitations on police detention);

(e) section 36 (custody officers at police stations);

(f) section 37(4) to (6) (record of grounds for detention);

(g) section 38 (duties of custody officer after charge);

(h) section 39 (responsibilities in relation to persons detained);

(i) section 55A (x-rays and ultrasound scans).

(3) The modifications are--

(a) in section 30CA(5)(a), for the reference to being involved in the investigation of the offence mentioned in that provision substitute a reference to being involved--

(i) in the investigation of the offence in respect of which the person was given the conditional caution, or

(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;

(b) in section 36(5) and (7), for the references to being involved in the investigation of an offence for which the person is in police detention substitute references to being involved--

(i) in the investigation of the offence in respect of which the person was given the conditional caution, or

(ii) in investigating whether the person has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution;

(d) in section 39(2) and (3), for the references to an offence substitute references to a failure to comply with conditions attached to the conditional caution.

(4) Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 24A above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications--

(a) omit subsections (8) and (8A);

(b) in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 24A(5) above.

(5) The following provisions of the 1984 Act apply to a person released on bail under section 24A(2)(b) above as they apply to a person released on bail under section 37 of that Act--

(a) section 37D(1) to (3) (power of custody officer to appoint a different or additional time for answering to police bail);

(b) section 46A (power of arrest for failure to answer to police bail);

(6) Section 54 of the 1984 Act (searches of detained persons) applies in the case of a person who falls within subsection (3) of section 24A above and is detained in a police station under that section as it applies in the case of a person who falls within section 34(7) of that Act and is detained at a police station under section 37.

(7) Section 54A of the 1984 Act (searches and examination to ascertain identity) applies with the following modifications in the case of a person who is detained in a police station under section 24A above--

(a) in subsections (1)(a) and (12), after "as a person involved in the commission of an offence" insert "or as having failed to comply with any of the conditions attached to his conditional caution";

(b) in subsection (9)(a), after "the investigation of an offence" insert ", the investigation of whether the person in question has failed to comply with any of the conditions attached to his conditional caution". "

(2) The reference in subsection (1) of section 24A of the Criminal Justice Act 2003 (c. 44) (inserted by subsection (1) above) to a failure to comply with conditions attached to a conditional caution is to any such failure occurring on or after the day on which this section comes into force.

Part 3 Crime and anti-social behaviour

Crime and disorder

19 Local authority scrutiny of crime and disorder matters

(1) Every local authority shall ensure that it has a committee (the "crime and disorder committee") with power--

(a) to review or scrutinise decisions made, or other action taken, in connection with the discharge by the responsible authorities of their crime and disorder functions;

(b) to make reports or recommendations to the local authority with respect to the discharge of those functions.

"The responsible authorities" means the bodies and persons who are responsible authorities within the meaning given by section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies) in relation to the local authority's area.

(2) Where by virtue of subsection (1)(b) the crime and disorder committee makes a report or recommendations it shall provide a copy--

(a) to each of the responsible authorities, and

(b) to each of the persons with whom, and bodies with which, the responsible authorities have a duty to co-operate under section 5(2) of the Crime and Disorder Act 1998 ("the co-operating persons and bodies").

(3) Where a member of a local authority ("the councillor") is asked to consider a local crime and disorder matter by a person who lives or works in the area that the councillor represents--

(a) the councillor shall consider the matter and respond to the person who asked him to consider it, indicating what (if any) action he proposes to take;

(b) the councillor may refer the matter to the crime and disorder committee.

In this subsection and subsections (4) to (6) "local authority" does not include the county council for an area for which there are district councils.

(4) Where a member of a local authority operating executive arrangements declines to refer a matter to the crime and disorder committee under subsection (3)(b), the person who asked him to consider it may refer the matter to the executive of that authority.

(5) Where a matter is referred under subsection (4) to the executive of a local authority--

(a) the executive shall consider the matter and respond to the person who referred the matter to it, indicating what (if any) action it proposes to take;

(b) the executive may refer the matter to the crime and disorder committee.

(6) The crime and disorder committee shall consider any local crime and disorder matter--

(a) referred to it by a member of the local authority in question (whether under subsection (3)(b) or not), or

(b) referred to it under subsection (5),

and may make a report or recommendations to the local authority with respect to it.

(7) Where the crime and disorder committee makes a report or recommendations under subsection (6) it shall provide a copy to such of the responsible authorities and to such of the co-operating persons and bodies as it thinks appropriate.

(8) An authority, person or body to which a copy of a report or recommendations is provided under subsection (2) or (7) shall--

(a) consider the report or recommendations;

(b) respond to the crime and disorder committee indicating what (if any) action it proposes to take;

(9) In the case of a local authority operating executive arrangements--

(a) the crime and disorder committee is to be an overview and scrutiny committee of the authority (within the meaning of Part 2 of the Local Government Act 2000 (c. 22));

(b) a reference in subsection (1)(b) or (6) to making a report or recommendations to the local authority is to be read as a reference to making a report or recommendations to the local authority or the executive.

(10) Schedule 8 (which makes further provision about the crime and disorder committees of local authorities not operating executive arrangements, made up of provision corresponding to that made by section 21 of the Local Government Act 2000 and particular provision for the City of London) has effect.

(11) In this section--

"crime and disorder functions" means functions conferred by or under section 6 of the Crime and Disorder Act 1998 (c. 37) (formulation and implementation of crime and disorder strategies);
"executive arrangements" means executive arrangements under Part 2 of the Local Government Act 2000;
"local authority" means--
(a)
in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
(b)
in relation to Wales, a county council or a county borough council;
"local crime and disorder matter", in relation to a member of a local authority, means a matter concerning--
(a)
crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment) in the area represented by the member, or
(b)
the misuse of drugs, alcohol and other substances in that area.

20 Guidance and regulations regarding crime and disorder matters

(1) The Secretary of State may issue guidance to--

(a) local authorities in England,

(b) members of those authorities, and

with regard to the exercise of their functions under section 19.

(2) The National Assembly for Wales, after consulting the Secretary of State, may issue guidance to--

(a) local authorities in Wales,

(b) members of those authorities, and

with regard to the exercise of their functions under section 19.

(3) The Secretary of State may by regulations make provision supplementing that made by section 19 in relation to local authorities in England.

(4) The Secretary of State, after consulting the National Assembly for Wales, may by regulations make provision supplementing that made by section 19 in relation to local authorities in Wales.

(5) Regulations under subsection (3) or (4) may in particular make provision--

(a) as to the co-opting of additional members to serve on the crime and disorder committee of a local authority;

(b) as to the frequency with which the power mentioned in section 19(1)(a) is to be exercised;

(c) requiring information to be provided to the crime and disorder committee by the responsible authorities and the co-operating persons and bodies;

(d) imposing restrictions on the provision of information to the crime and disorder committee by the responsible authorities and the co-operating persons and bodies;

(e) requiring officers or employees of the responsible authorities and the co-operating persons and bodies to attend before the crime and disorder committee to answer questions;

(f) specifying how a person is to refer a matter to a member of a local authority, or to the executive of a local authority, under section 19(3) or (4);

(g) specifying the periods within which--

(i) a member of a local authority is to deal with a request under section 19(3);

(ii) the executive of a local authority is to deal with a matter referred under section 19(4);

(iii) the crime and disorder committee is to deal with a matter referred as mentioned in section 19(6);

(iv) the responsible authorities and the co-operating persons and bodies are to consider and respond to a report or recommendations made under or by virtue of section 19.

(6) Regulations made by virtue of subsection (5)(a) may provide for a person co-opted to serve as a member of a crime and disorder committee to have the same entitlement to vote as any other member.

(7) In this section "local authority", "crime and disorder committee", "responsible authorities" and "co-operating persons and bodies" have the same meaning as in section 19.

21 Joint crime and disorder committees

In section 5 of the Crime and Disorder Act 1998 (c. 37) (authorities responsible for crime and disorder strategies), after subsection (1B) there is inserted--

" (1C) An order under subsection (1A) above--

(a) may require the councils for the local government areas in question to appoint a joint committee of those councils (the "joint crime and disorder committee") and to arrange for crime and disorder scrutiny functions in relation to any (or all) of those councils to be exercisable by that committee;

(b) may make provision applying any of the relevant provisions, with or without modifications, in relation to a joint crime and disorder committee.

(1D) In subsection (1C)--

"crime and disorder scrutiny functions", in relation to a council, means functions that are, or, but for an order under subsection (1A) above, would be, exercisable by the crime and disorder committee of the council under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters);
"the relevant provisions" means--
(a)
section 19 of the Police and Justice Act 2006;
(b)
section 20 of that Act and any regulations made under that section;
(c)
Schedule 8 to that Act;
(d)
section 21 of the Local Government Act 2000. "

22 Amendments to the Crime and Disorder Act 1998

Schedule 9 (which contains amendments to the Crime and Disorder Act 1998 (c. 37) in relation to crime and disorder strategies and other matters relating to the reduction of crime and disorder) has effect.

Parenting contracts and parenting orders

23 Parenting contracts: local authorities and registered social landlords

(1) In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 25 there is inserted--

" 25A Parenting contracts in respect of anti-social behaviour: local authorities

(1) A local authority may enter into a parenting contract with a parent of a child or young person if--

(a) the local authority has reason to believe that the child or young person has engaged, or is likely to engage, in anti-social behaviour, and

(b) the child or young person resides, or appears to reside, in the local authority's area.

(2) 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

(b) a statement by the local authority that it agrees to provide support to the parent for the purpose of complying with those requirements.

(3) The requirements mentioned in subsection (2)(a) may include (in particular) a requirement to attend a counselling or guidance programme.

(4) The purpose of the requirements mentioned in subsection (2)(a) is to prevent the child or young person from engaging in anti-social behaviour or further anti-social behaviour.

(5) A parenting contract must be signed by the parent and signed on behalf of the local authority.

(6) A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.

(7) In carrying out their functions in relation to parenting contracts--

(a) local authorities in England shall have regard to any guidance which is issued by the Secretary of State from time to time for that purpose;

(b) local authorities in Wales shall have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose.

25B Parenting contracts in respect of anti-social behaviour: registered social landlords

(1) A registered social landlord may enter into a parenting contract with a parent of a child or young person if--

(a) the registered social landlord has reason to believe that the child or young person--

(i) has engaged in anti-social behaviour, or

(ii) is likely to engage in such behaviour,

and

(b) that behaviour directly or indirectly relates to or affects the housing management functions of the registered social landlord (or, where paragraph (a)(ii) applies, would do so if the behaviour were engaged in).

(2) 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

(b) a statement by the registered social landlord that it agrees to make arrangements for the provision of support to the parent for the purpose of complying with those requirements.

(3) The requirements mentioned in subsection (2)(a) may include (in particular) a requirement to attend a counselling or guidance programme.

(4) The purpose of the requirements mentioned in subsection (2)(a) is to prevent the child or young person from engaging in anti-social behaviour or further anti-social behaviour.

(5) A parenting contract must be signed by the parent and signed on behalf of the registered social landlord.

(6) A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.

(7) In carrying out their functions in relation to parenting contracts--

(a) registered social landlords on the register maintained by the Housing Corporation shall have regard to any guidance which is issued by the Secretary of State from time to time for that purpose;

(b) registered social landlords on the register maintained by the National Assembly for Wales shall have regard to any guidance which is issued by the Assembly from time to time for that purpose. "

(2) In section 29(1) of that Act (interpretation of sections 25 to 29) the following definitions are inserted at the appropriate places--

" "housing accommodation" has the meaning given by section 153E(9) of the Housing Act 1996; " ;

" "housing management functions", in relation to a registered social landlord, include--

(a) functions conferred by or under any enactment;

(b) the powers and duties of the landlord as the holder of an estate or interest in housing accommodation; " ;

" "local authority" means--

(a) a county council in England;

(b) a metropolitan district council;

(d) a London borough council;

(e) the Common Council of the City of London;

(f) the Council of the Isles of Scilly;

(g) a county council or county borough council in Wales; " ;

" "registered social landlord" means a body registered as such under Chapter 1 of Part 1 of the Housing Act 1996; " .

24 Parenting orders: local authorities and registered social landlords

In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 26 there is inserted--

" 26A Parenting orders in respect of anti-social behaviour: local authorities

(1) A local authority may apply for a parenting order in respect of a parent of a child or young person if--

(a) the local authority has reason to believe that the child or young person has engaged in anti-social behaviour, and

(b) the child or young person resides, or appears to reside, in the local authority's area.

An application for such an order may be made to a magistrates' court or, where section 26C so allows, to a county court.

(2) 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 anti-social behaviour, and

(b) that making the order would be desirable in the interests of preventing the child or young person from engaging in further anti-social behaviour.

(3) 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

(b) subject to subsection (4), 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.

(4) A parenting order under this section may, but need not, include a requirement mentioned in subsection (3)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.

(5) A counselling or guidance programme which a parent is required to attend by virtue of subsection (3)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

(6) 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 anti-social behaviour.

(7) 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.

(8) A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is--

(a) an officer of the local authority which applied for the order, or

(b) a person nominated by that authority or by a person or body requested by the authority to make a nomination.

A person may not be nominated under paragraph (b) without his consent.

26B Parenting orders in respect of anti-social behaviour: registered social landlords

(1) A registered social landlord may apply for a parenting order in respect of a parent of a child or young person if--

(a) the registered social landlord has reason to believe that the child or young person has engaged in anti-social behaviour, and

(b) the behaviour in question directly or indirectly relates to or affects the housing management functions of the registered social landlord.

An application for such an order may be made to a magistrates' court or, where section 26C so allows, to a county court.

(2) 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--

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