UK Laws - Legal Portal
 
Navigation
News

Police and Justice Act 2006 (c. 48)

(The document as of February, 2008)

-- Back--

Page 1

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

Police and Justice Act 2006

2006 CHAPTER 48

CONTENTS

Content
  1. Part 1

    Police reform

    1. National Policing Improvement Agency

      1. 1. National Policing Improvement Agency

    2. Police forces and police authorities

      1. 2. Amendments to the Police Act 1996

      2. 3. Delegation of police authority functions

      3. 4. Police authorities as best value authorities

    3. Police pension schemes

      1. 5. Power to merge schemes

    4. Statutory consultation requirements

      1. 6. Consultation with APA and ACPO

    5. Community support officers etc

      1. 7. Standard powers and duties of community support officers

      2. 8. Community support officers: power to deal with truants

      3. 9. Exercise of police powers by civilians

  2. Part 2

    Powers of police etc

    1. Police powers

      1. 10. Police bail

      2. 11. Power to detain pending DPP's decision about charging

      3. 12. Power to stop and search at aerodromes

    2. Information from registers of death

      1. 13. Supply of information to police etc by Registrar General

    3. Travel and freight information

      1. 14. Information-gathering powers: extension to domestic flights and voyages

    4. Fixed penalty notices

      1. 15. Accreditation of weights and measures inspectors

      2. 16. Power to apply accreditation provisions

    5. Conditional cautions

      1. 17. Conditional cautions: types of condition

      2. 18. Arrest for failing to comply with conditional caution

  3. Part 3

    Crime and anti-social behaviour

    1. Crime and disorder

      1. 19. Local authority scrutiny of crime and disorder matters

      2. 20. Guidance and regulations regarding crime and disorder matters

      3. 21. Joint crime and disorder committees

      4. 22. Amendments to the Crime and Disorder Act 1998

    2. Parenting contracts and parenting orders

      1. 23. Parenting contracts: local authorities and registered social landlords

      2. 24. Parenting orders: local authorities and registered social landlords

      3. 25. Contracting out of local authority functions with regard to parenting contracts and parenting orders

    3. Injunctions

      1. 26. Anti-social behaviour injunctions

      2. 27. Injunctions in local authority proceedings: power of arrest and remand

  4. Part 4

    Inspectorates

    1. 28. Her Majesty's Chief Inspector of Prisons

    2. 29. Her Majesty's Inspectors of Constabulary

    3. 30. Her Majesty's Chief Inspector of the Crown Prosecution Service

    4. 31. Her Majesty's Inspectorate of the National Probation Service for England and Wales

    5. 32. Her Majesty's Inspectorate of Court Administration

    6. 33. Transitional provision

  5. Part 5

    Miscellaneous

    1. Bail offences

      1. 34. Sentences of imprisonment for bail offences

    2. Computer misuse

      1. 35. Unauthorised access to computer material

      2. 36. Unauthorised acts with intent to impair operation of computer, etc

      3. 37. Making, supplying or obtaining articles for use in computer misuse offences

      4. 38. Transitional and saving provision

    3. Forfeiture of indecent photographs of children

      1. 39. Forfeiture of indecent photographs of children: England and Wales

      2. 40. Forfeiture of indecent photographs of children: Northern Ireland

    4. Independent Police Complaints Commission

      1. 41. Immigration and asylum enforcement functions: complaints and misconduct

    5. Extradition

      1. 42. Amendments to the Extradition Act 2003 etc

      2. 43. Designation of United States of America

    6. Repatriation of prisoners

      1. 44. Transfer of prisoner under international arrangements not requiring his consent

    7. Live links

      1. 45. Attendance by accused at certain preliminary or sentencing hearings

      2. 46. Live link bail

      3. 47. Evidence of vulnerable accused

      4. 48. Appeals under Part 1 of the Criminal Appeal Act 1968

  6. Part 6

    Supplemental

    1. 49. Orders and regulations

    2. 50. Money

    3. 51. Power to make consequential and transitional provision etc

    4. 52. Amendments and repeals

    5. 53. Commencement

    6. 54. Extent

    7. 55. Short title

    1. Schedule 1

      National Policing Improvement Agency

      1. Part 1

        Objects and powers

      2. Part 2

        Membership etc

      3. Part 3

        Accountability and supervision

      4. Part 4

        Financial provision

      5. Part 5

        Transfer schemes

      6. Part 6

        Interpretation and modification

      7. Part 7

        Consequential amendments

    2. Schedule 2

      Amendments to the Police Act 1996

    3. Schedule 3

      Power to merge police pension schemes

    4. Schedule 4

      Consultation with APA and ACPO

    5. Schedule 5

      Exercise of police powers by civilians

    6. Schedule 6

      Police bail

      1. Part 1

        Introductory

      2. Part 2

        Police bail granted elsewhere than at police station

      3. Part 3

        Police bail granted at police station before charge

    7. Schedule 7

      Schedule to be inserted into the Police Reform Act 2002

    8. Schedule 8

      Further provision about crime and disorder committees of certain local authorities

    9. Schedule 9

      Amendments to the Crime and Disorder Act 1998

    10. Schedule 10

      Injunctions in local authority proceedings: powers to remand

    11. Schedule 11

      Schedule to be inserted into the Protection of Children Act 1978

    12. Schedule 12

      Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978

    13. Schedule 13

      Extradition

      1. Part 1

        Amendments to the Extradition Act 2003

      2. Part 2

        Amendments to other Acts

    14. Schedule 14

      Minor and consequential amendments

    15. Schedule 15

      Repeals and revocations

      1. Part 1

        Police reform

      2. Part 2

        Powers of police etc

      3. Part 3

        Crime and anti-social behaviour

      4. Part 4

        Miscellaneous

An Act to establish a National Policing Improvement Agency; to make provision about police forces and police authorities and about police pensions; to make provision about police powers and about the powers and duties of community support officers, weights and measures inspectors and others; to make provision about the supply to the police and others of information contained in registers of death; to make further provision for combatting crime and disorder; to make further provision about certain inspectorates; to amend Part 12 of the Criminal Justice Act 2003; to amend the Computer Misuse Act 1990; to make provision about the forfeiture of indecent images of children; to provide for the conferring of functions on the Independent Police Complaints Commission in relation to the exercise of enforcement functions by officials involved with immigration and asylum; to amend the Extradition Act 2003; to make further provision about the use of live links in criminal proceedings; and for connected purposes.

[8th November 2006]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part 1 Police reform

National Policing Improvement Agency

1 National Policing Improvement Agency

(1) There is to be a body corporate to be known as the National Policing Improvement Agency.

(2) The following are abolished--

(a) the Central Police Training and Development Authority;

(b) the Police Information Technology Organisation.

(3) Schedule 1 (further provision about the National Policing Improvement Agency, and related amendments) has effect.



Police forces and police authorities

2 Amendments to the Police Act 1996

Schedule 2 (which makes amendments to the Police Act 1996 (c. 16)) has effect.

3 Delegation of police authority functions

(1) Section 107 of the Local Government Act 1972 (c. 70) (application to police authorities of provisions about discharge of local authority functions) is amended as follows.

(2) After subsection (3A) there is inserted--

" (3B) Section 101 above, in its application to a police authority, shall have effect as if a reference in subsection (1), (2), (4) or (5) to an officer of an authority included a reference to a member of that authority. "

(3) For subsection (4) there is substituted--

" (4) The Secretary of State may by regulations make provision regulating the power of a police authority under section 101 above to arrange for the discharge of their functions by a committee, sub-committee, officer or member of the authority as respects part only of their area.

(4A) Regulations under subsection (4) may in particular--

(a) impose limitations or restrictions on the functions which may be the subject of arrangements of the kind referred to in that subsection;

(b) make provision as to the membership or chairmanship of any committee or sub-committee discharging functions under such arrangements;

(c) impose limitations or restrictions on which officers or members of a police authority may discharge functions under such arrangements.

(4B) A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

(4) Subsection (6) (members of police authority committees must be authority members) is omitted.

4 Police authorities as best value authorities

(1) In section 1 of the Local Government Act 1999 (c. 27) (authorities that are best value authorities)--

(a) in subsection (1), at the beginning of paragraph (d) there is inserted "(subject to subsection (8))";

(b) in subsection (4), for "subsection (1)(d)" there is substituted "this section";

(c) in subsection (6), at the beginning of paragraph (c) there is inserted "(subject to subsection (8))";

(d) after subsection (7) there is inserted--

" (8) A police authority is not a best value authority for the purposes of the following provisions of this Part--

  • section 5 (best value reviews);

  • section 6 (best value performance plans);

  • sections 7 to 9 (audit of best value performance plans);

  • section 13(5) (requirement of best value performance plan to record fact of adverse report etc);

  • section 15(2)(a) and (b) (directions relating to best value performance plans). "

(2) A reference in any provision contained in or made under any Act other than the Local Government Act 1999 (c. 27) to an authority that is a best value authority for the purposes of Part 1 of that Act includes, if the context allows, a police authority.



Police pension schemes

5 Power to merge schemes

Schedule 3 (power to merge police pension schemes) has effect.



Statutory consultation requirements

6 Consultation with APA and ACPO

(1) Schedule 4 (which amends provisions requiring consultation with persons representing the interests of police authorities or chief officers of police so that they require consultation with the Association of Police Authorities or the Association of Chief Police Officers) has effect.

(2) If it appears to the Secretary of State that, by reason of a change of name or otherwise--

(a) the interests of police authorities are represented by a body that is not called the Association of Police Authorities, or

(b) the interests of chief officers of police are represented by a body that is not called the Association of Chief Police Officers of England, Wales and Northern Ireland,

he may by order make the appropriate consequential amendments to any statutory provision (including this subsection) containing a reference to the association in question.

(3) In subsection (2) "statutory provision" means provision contained in, or in any instrument made under, any Act.



Community support officers etc

7 Standard powers and duties of community support officers

(1) In section 38 of the Police Reform Act 2002 (c. 30) (police powers for police authority employees), after subsection (5) there is inserted--

" (5A) A person designated under this section as a community support officer shall also have the standard powers and duties of a community support officer (see section 38A(2)). "

(2) After section 38 of the Police Reform Act 2002 there is inserted--

" 38A Standard powers and duties of community support officers

(1) The Secretary of State may by order provide for provisions of Part 1 of Schedule 4 to apply to every person who under section 38 is designated as a community support officer.

(2) The powers and duties conferred or imposed by the provisions for the time being applied under subsection (1) are to be known as the standard powers and duties of a community support officer.

(3) Before making an order under subsection (1), the Secretary of State shall consult with--

(a) the Association of Police Authorities; and

(b) the Association of Chief Police Officers.

(4) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by subsection (1) unless a draft of that order has been laid before Parliament and approved by a resolution of each House.

(5) A provision of Part 1 of Schedule 4 may be applied to a person concurrently by an order under subsection (1) and a designation under section 38.

(6) If an order under subsection (1) confers or imposes additional powers and duties on a person who is under the direction and control of a chief officer of police of a police force, that chief officer must ensure that the person receives adequate training in the exercise and performance of the additional powers and duties. "

8 Community support officers: power to deal with truants

In Schedule 4 to the Police Reform Act 2002 (exercise of police powers etc by civilians), after paragraph 4B there is inserted--

" Power to remove truants to designated premises etc.

4C Where a designation applies this paragraph to any person, that person shall--

(a) as respects any area falling within the relevant police area and specified in a direction under section 16(2) of the Crime and Disorder Act 1998, but

(b) only during the period specified in the direction,

have the powers conferred on a constable by section 16(3) of that Act (power to remove truant found in specified area to designated premises or to the school from which truant is absent). "

9 Exercise of police powers by civilians

Schedule 5, which--

  • makes amendments consequential on section 7 (standard powers and duties of community support officers), and

  • makes other minor amendments in connection with the exercise of police powers by civilians,

has effect.



Part 2 Powers of police etc

Police powers

10 Police bail

Schedule 6, which amends provisions in the Police and Criminal Evidence Act 1984 (c. 60) that relate to bail--

(a) granted by a constable elsewhere than at a police station, or

(b) granted at a police station,

has effect.

11 Power to detain pending DPP's decision about charging

In section 37 of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge), in paragraph (a) of subsection (7) (officer's duties when he determines that there is sufficient evidence to charge), for "shall be released without charge and on bail for the purpose" there is substituted " shall be--

(i) released without charge and on bail, or

(ii) kept in police detention,

for the purpose " .

12 Power to stop and search at aerodromes

In Part 3 of the Aviation Security Act 1982 (c. 36) (policing of airports), before section 25 there is inserted--



" Power to stop and search at aerodromes
24B Power of constable to stop and search persons, vehicles etc

(1) Subject to subsection (2) below, a constable may search--

(a) any person, vehicle or aircraft in an aerodrome, or

(b) anything which is in or on such a vehicle or aircraft,

for stolen or prohibited articles.

(2) This section does not give a constable power to search a person, vehicle or aircraft, or anything in or on a vehicle or aircraft, unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles.

(3) For the purposes of exercising the power conferred by subsection (1) above, a constable may--

(a) enter any part of an aerodrome;

(b) detain a person, vehicle or aircraft;

(c) board an aircraft.

(4) If in the course of a search under subsection (1) above a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article, he may seize it.

(5) An article is prohibited for the purposes of this section if it is an article--

(a) made or adapted for use in the course of or in connection with criminal conduct, or

(b) intended by the person having it with him for such use by him or by some other person.

(6) In this section "criminal conduct" means conduct which--

(a) constitutes an offence in the part of the United Kingdom in which the aerodrome is situated, or

(b) would constitute an offence in that part of the United Kingdom if it occurred there.

(7) The powers conferred by this section on a constable are without prejudice to any powers exercisable by him apart from this section.

(8) The exercise of a power under this section does not require a warrant.

(9) Nothing in this section authorises a constable to enter a dwelling. "



Information from registers of death

13 Supply of information to police etc by Registrar General

(1) The Registrar General for England and Wales or the Registrar General for Northern Ireland may supply information contained in any register of deaths kept by him--

(a) to a police force in the United Kingdom,

(b) to a special police force,

(c) to the Serious Organised Crime Agency, or

(d) to a person or body specified, or of a description specified, by order,

for use in the prevention, detection, investigation or prosecution of offences.

(2) The power to make an order under subsection (1)(d) is exercisable--

(a) in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer;

(b) in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General for Northern Ireland.

(3) A Registrar General may charge a reasonable fee in respect of the cost of supplying information under this section.

(4) The supply of information in the exercise of the power conferred by subsection (1) may be made subject to conditions, including in particular conditions as to--

(a) the use and storage of the information;

(b) the period for which any record of the information may be retained;

(c) those to whom the information may be disclosed.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.

(6) In this section "special police force" means--

(a) the Ministry of Defence Police;

(b) the British Transport Police Force;

(c) the Civil Nuclear Constabulary;

(d) the Scottish Crime and Drug Enforcement Agency.



Travel and freight information

14 Information-gathering powers: extension to domestic flights and voyages

(1) The Immigration, Asylum and Nationality Act 2006 (c. 13) is amended as follows.

(2) In section 32 (police powers to gather information relating to flights and voyages to or from the United Kingdom), in subsection (1) (ships and aircraft to which section applies), for paragraphs (a) and (b) there is substituted--

" (a) arriving, or expected to arrive, at any place in the United Kingdom (whether from a place in the United Kingdom or from outside the United Kingdom), or

(b) leaving, or expected to leave, from any place in the United Kingdom (whether for a place in the United Kingdom or for outside the United Kingdom). "

(3) In each of section 32(5) (interpretation of section) and section 33(5) (police powers to gather information about freight entering or leaving the United Kingdom: interpretation of section), after paragraph (c) there is inserted " , and

(d) "ship" includes--

(i) every description of vessel used in navigation, and

(ii) hovercraft. "

(4) In section 36 (duty to share travel and freight information), in subsection (9) (interpretation of section), after the definition of "Revenue and Customs purposes" there is inserted " , and

"ship" includes--

(a) every description of vessel used in navigation, and

(b) hovercraft. "

(5) In section 38 (disclosure of travel and freight information for security purposes), after subsection (5) there is inserted--

" (5A) In subsection (4) "ship" includes--

(a) every description of vessel used in navigation, and

(b) hovercraft. "



Fixed penalty notices

15 Accreditation of weights and measures inspectors

(1) After section 41 of the Police Reform Act 2002 (c. 30) there is inserted--

" 41A Accreditation of weights and measures inspectors

(1) The chief officer of police of any police force may, on the making of an application for the purpose by such person and in such manner as he may require, grant accreditation under this section to a weights and measures inspector.

(2) A weights and measures inspector to whom an accreditation under this section is granted by a chief officer of police may exercise the powers conferred by the accreditation in the chief officer's police area.

(3) Schedule 5A (which sets out the powers that may be conferred on inspectors accredited under this section) shall have effect.

(4) A chief officer of police shall not grant accreditation to a weights and measures inspector under this section unless he is satisfied that--

(a) the inspector is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation; and

(b) the inspector has received adequate training for the exercise of those powers.

(5) A chief officer of police may charge such fee as he considers appropriate for one or both of the following--

(a) considering an application for or for the renewal of an accreditation under this section;

(b) granting an accreditation under this section.

(6) A weights and measures inspector authorised or required to do anything by virtue of an accreditation under this section--

(a) shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his duties as a weights and measures inspector; and

(b) shall be so authorised or required subject to such other restrictions and conditions (if any) as may be specified in his accreditation.

(7) An accreditation under this section, unless it is previously withdrawn or ceases to have effect in accordance with subsection (8), shall remain in force for such period as may be specified in the accreditation, but it may be renewed at any time with effect from the time when it would otherwise expire.

(8) An accreditation under this section shall cease to have effect if the accredited inspector ceases to hold office as a weights and measures inspector. "

(2) After Schedule 5 to that Act there is inserted the Schedule set out in Schedule 7 to this Act.

16 Power to apply accreditation provisions

After section 41A of the Police Reform Act 2002 (c. 30) (inserted by section 15 above) there is inserted--

" 41B Power to apply accreditation provisions

(1) The Secretary of State may by order provide for section 41A and any other provision of this Chapter relating to accredited inspectors to apply (with or without modification) in relation to persons of a description specified in the order.

(2) The provision which may be made by an order under this section includes such modifications of other enactments as appear to the Secretary of State to be necessary or appropriate.

(3) No order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament. "



Conditional cautions

<<<< >>>>

17 Conditional cautions: types of condition

(1) Part 3 of the Criminal Justice Act 2003 (c. 44) (conditional cautions) is amended as set out in subsections (2) to (4).

(2) In section 22, for subsection (3) (types of conditions that may be attached to cautions) there is substituted--

" (3) The conditions which may be attached to such a caution are those which have one or more of the following objects--

(a) facilitating the rehabilitation of the offender;

(b) ensuring that the offender makes reparation for the offence;

(c) punishing the offender. "

(3) After that subsection there is inserted--

" (3A) The conditions which may be attached to a conditional caution include--

(a) (subject to section 23A) a condition that the offender pay a financial penalty;

(b) a condition that the offender attend at a specified place at specified times.

  • "Specified" means specified by a relevant prosecutor.

(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.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17

-- Back--

<<<< >>>>

Stat




Search
Popular article
Advert