Legalize / United Kingdom / Public General Act

Police and Justice Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Police reform

National Policing Improvement Agency

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Police forces and police authorities

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

Unauthorised acts with intent to impair operation of computer, etc

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(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.

Police authorities as best value authorities

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Police pension schemes

Power to merge schemes

5

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

Statutory consultation requirements

Consultation with APA and ACPO

6

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the interests of chief officers of police are represented by a body that is not called the National Police Chiefs’ Council,

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

Standard powers and duties of community support officers

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Community support officers: power to deal with truants

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Exercise of police powers by civilians

9

Schedule 5, which—

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

has effect.

Part 2 — Powers of police etc

Police powers

Police bail

10

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.

Power to detain pending DPP’s decision about charging

11

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

Power to stop and search at aerodromes

12

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

(24B) (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

Supply of information to police etc by Registrar General

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(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,

(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 Secretary of State;

(b) in relation to Northern Ireland, by the Department of Justice in Northern Ireland 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;

(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;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Travel and freight information

Information-gathering powers: extension to domestic flights and voyages

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(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

Accreditation of weights and measures inspectors

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

(41A) (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.

Power to apply accreditation provisions

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

(41B) (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

Conditional cautions: types of condition

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(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. (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) (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 (c) the address of that officer. (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,

Arrest for failing to comply with conditional caution

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

(24A) (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 (c) released without charge and without bail (with or without any variation in the conditions attached to the caution). (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) (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); (c) section 31 (arrest for further offence); (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; (c) in section 38(1)(a)(iii) and (iv), for “arrested for” substitute “charged with”; (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); (c) section 47 (bail after arrest). (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.

Crime and disorder

Local authority scrutiny of crime and disorder matters

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(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) A local authority must—

(a) ensure that its crime and disorder committee has power (whether by virtue of section 9F(2) or 21(2) of the Local Government Act 2000 or regulations made under section 9JA(2) or 32(3) of that Act or otherwise) to make a report or recommendations to the local authority with respect to any matter which is a local crime and disorder matter in relation to a member of the authority, and

(b) make arrangements which enable any member of the authority who is not a member of the crime and disorder committee to refer any local crime and disorder matter to the committee.

(4) For the purposes of subsection (3)(b), arrangements enable a person to refer a matter to a committee if they enable him to ensure that the matter is included in the agenda for, and discussed at, a meeting of the committee.

(5) Subsections (6) and (7) apply where a local crime and disorder matter is referred to a crime and disorder committee by a member of a local authority in accordance with arrangements made under subsection (3)(b).

(6) In considering whether or not to make a report or recommendations to the local authority in relation to the matter, the committee may have regard to—

(a) any powers which the member may exercise in relation to the matter by virtue of section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England), and

(b) any representations made by the member as to why it would be appropriate for the committee to exercise any power which it has by virtue of subsection (3)(a) in relation to the matter.

(7) If the committee decides not to make a report or recommendations to the local authority in relation to the matter, it must notify the member of—

(a) its decision, and

(b) the reasons for it.

(8) Where a crime and disorder committee of a local authority makes a report or recommendations to the authority by virtue of subsection (3)(a), it must—

(a) provide a copy of the report or recommendations to any member of the authority who referred the local crime and disorder matter in question to the committee in accordance with arrangements made under subsection (3)(b), and

(b) provide a copy of the report or recommendations to such of—

(i) the responsible authorities, and

(ii) the co-operating persons and bodies,

as it thinks appropriate.

(8A) Subsection (8B) applies where the crime and disorder committee of a local authority—

(a) makes a report or recommendations to the authority by virtue of subsection (3)(a), or

(b) provides a copy of a report or recommendations under subsection (2) or (8)(b).

(8B) Where this subsection applies—

(a) the crime and disorder committee must notify the authority, body or person to whom it makes the report or recommendations or provides the copy that paragraph (b) applies, and

(b) the authority, body or person must—

(i) consider the report or recommendations;

(ii) respond to the committee indicating what (if any) action it proposes to take;

(iii) have regard to the report or recommendations in exercising its functions.

(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...;

(b) a reference in this section 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.

(9A) In subsection (9) “overview and scrutiny committee” means—

(a) in relation to England, an overview and scrutiny committee within the meaning of Chapter 2 of Part 1A of the Local Government Act 2000 (see section 9F of that Act), and

(b) in relation to Wales, an overview and scrutiny committee within the meaning of Part 2 of that Act (see section 21 of that Act).

(9B) In the case of a local authority that operates a committee system and has appointed one or more overview and scrutiny committees under section 9JA of the Local Government Act 2000, the crime and disorder committee is to be one of those committees.

(10) Schedule 8 (which makes further provision about the crime and disorder committees of local authorities in cases that are not within subsection (9) or (9B) and particular provision for the City of London) has effect.

(11) In this section—

“committee system” has the same meaning as in Part 1A of the Local Government Act 2000 (see section 9B(4) of that Act);

“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);

electoral area” has the meaning given by section 203(1) of the Representation of the People Act 1983;

“executive arrangements” means — in relation to England, executive arrangements under Part 1A of the Local Government Act 2000, andin relation to Wales, executive arrangements under Part 2 of that Act;

“local authority” means—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;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— crime and disorder (including in particular forms of crime and disorder that involve anti-social behaviour or other behaviour adversely affecting the local environment), ...the misuse of drugs, alcohol and other substances,which affects all or part of the electoral area for which the member is elected or any person who lives or works in that area, orserious violence (within the meaning of Chapter 1 of Part 1 of the Crime and Disorder Act 1998).

Guidance and regulations regarding crime and disorder matters

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(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 or by virtue of 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 or by virtue of 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) specifying the periods within which—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(6A) In subsection (5)(c) and (d), references to information are, in relation to any crime and disorder committee, to information relating to—

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

(b) local crime and disorder matters in relation to which the committee has functions under or by virtue of section 19.

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

Joint crime and disorder committees

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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— 1. section 19 of the Police and Justice Act 2006; 2. section 20 of that Act and any regulations made under that section; 3. Schedule 8 to that Act; 4. section 21 of the Local Government Act 2000.

Amendments to the Crime and Disorder Act 1998

22

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

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

(25A) (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) (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; (c) a non-metropolitan district council for an area for which there is no county 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

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

(26A) (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) (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— (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 registered social landlord must not make an application under this section without first consulting the local authority in whose area the child or young person in question resides or appears to reside. (9) 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 registered social landlord which applied for the order, or (b) a person nominated by that registered social landlord. A person may not be nominated under paragraph (b) without his consent. (10) In deciding whom to nominate under subsection (9)(b) a registered social landlord must take into account the views of— (a) the local authority mentioned in subsection (8), and (b) such other persons or bodies as the registered social landlord thinks appropriate. (26C) (1) Where a local authority or registered social landlord (a “relevant authority”)— (a) is a party to proceedings in a county court, and (b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application for a parenting order under section 26A or 26B (a “parenting order application”), it may make such an application to that court in relation to that person. (2) Where— (a) a relevant authority considers that a party to proceedings in a county court is a person in relation to whom it would be reasonable for it to make a parenting order application, but (b) the relevant authority is not a party to those proceedings, it may apply to be joined to those proceedings to enable it to make a parenting order application. (3) Where— (a) there are proceedings in a county court to which a relevant authority is a party, and (b) the relevant authority considers that a child or young person has engaged in anti-social behaviour that is material in relation to the proceedings, the relevant authority may apply for a person who is a parent of the child or young person to be joined to the proceedings to enable it to make a parenting order application in relation to him. (4) A person must not be joined to proceedings in pursuance of subsection (3) unless the anti-social behaviour in question is material in relation to those proceedings.

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

25

In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 28 there is inserted—

(28A) (1) An order made by— (a) the Secretary of State as regards local authorities in England, or (b) the National Assembly for Wales as regards local authorities in Wales, may provide that a local authority may make arrangements with a person who is specified in the order, or is of a description so specified, for the exercise of any function it has under or by virtue of section 25A or 26A. (2) The order may provide— (a) that the power of the local authority to make the arrangements is subject to such conditions as are specified in the order; (b) that the arrangements must be subject to such conditions as are so specified; (c) that the arrangements may be made subject to such other conditions as the local authority thinks appropriate. (3) The order may provide that the arrangements may authorise the exercise of the function— (a) either wholly or to such extent as may be specified in the order or arrangements; (b) either generally or in such cases or areas as may be so specified. (4) An order under this section may provide that the person with whom arrangements are made in pursuance of the order is to be treated as if he were a public body for the purposes of section 1 of the Local Authorities (Goods and Services) Act 1970. (5) The Secretary of State or (as the case may be) the National Assembly for Wales must not make an order under this section without first consulting— (a) such representatives of local government as appear to be appropriate; (b) such other persons as appear to be appropriate. (6) Any arrangements made by a local authority in pursuance of an order under this section do not prevent the local authority from exercising the function to which the arrangements relate. (7) The following provisions of the Deregulation and Contracting Out Act 1994 apply for the purposes of arrangements made in pursuance of an order under this section as they apply for the purposes of an authorisation to exercise functions by virtue of an order under section 70(2) of that Act— (a) section 72 (effect of contracting out); (b) section 73 (termination of contracting out); (c) section 75 and Schedule 15 (provision relating to disclosure of information); (d) paragraph 3 of Schedule 16 (authorised persons to be treated as officers of local authority). (8) For the purposes of subsection (7), any reference in the provisions specified in paragraphs (a) to (d) to a person authorised to exercise a function is to be construed as a reference to a person with whom an arrangement is made for the exercise of the function in pursuance of an order under this section. (9) Local authorities in England and any person with whom they make arrangements in pursuance of an order under this section must have regard to any guidance issued by the Secretary of State for the purposes of this section. (10) Local authorities in Wales and any person with whom they make arrangements in pursuance of an order under this section must have regard to any guidance issued by the National Assembly for Wales for the purposes of this section.

Injunctions

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Injunctions in local authority proceedings: power of arrest and remand

27

(1) This section applies to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 1972 (c. 70) (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants of their area).

(2) If the court grants an injunction which prohibits conduct which is capable of causing nuisance or annoyance to a person it may, if subsection (3) applies, attach a power of arrest to any provision of the injunction.

(3) This subsection applies if the local authority applies to the court to attach the power of arrest and the court thinks that either—

(a) the conduct mentioned in subsection (2) consists of or includes the use or threatened use of violence, or

(b) there is a significant risk of harm to the person mentioned in that subsection.

(4) Where a power of arrest is attached to any provision of an injunction under subsection (2), a constable may arrest without warrant a person whom he has reasonable cause for suspecting to be in breach of that provision.

(5) After making an arrest under subsection (4) the constable must as soon as is reasonably practicable inform the local authority.

(6) Where a person is arrested under subsection (4)—

(a) he shall be brought before the court within the period of 24 hours beginning at the time of his arrest, and

(b) if the matter is not then disposed of forthwith, the court may remand him.

(7) For the purposes of subsection (6), when calculating the period of 24 hours referred to in paragraph (a) of that subsection, no account shall be taken of Christmas Day, Good Friday or any Sunday.

(8) Schedule 10 applies in relation to the power to remand under subsection (6).

(9) If the court has reason to consider that a medical report will be required, the power to remand a person under subsection (6) may be exercised for the purpose of enabling a medical examination and report to be made.

(10) If such a power is so exercised the adjournment shall not be in force—

(a) for more than three weeks at a time in a case where the court remands the accused person in custody, or

(b) for more than four weeks at a time in any other case.

(11) If there is reason to suspect that a person who has been arrested under subsection (4) is suffering from mental disorder within the meaning of the Mental Health Act 1983 the court shall have the same power to make an order under section 35 of that Act (remand for report on accused's mental condition) as the Crown Court has under that section in the case of an accused person within the meaning of that section.

(12) For the purposes of this section—

(a) “harm” includes serious ill-treatment or abuse (whether physical or not);

(b) “local authority” has the same meaning as in section 222 of the Local Government Act 1972 (c. 70);

(i) in relation to the High Court, a judge of that court, and

(ii) in relation to the county court, a judge ... of that court.

Part 4 — Inspectorates

Her Majesty’s Chief Inspector of Prisons

28

(1) In section 5A of the Prison Act 1952 (c. 52) (appointment and functions of Her Majesty's Chief Inspector of Prisons), after subsection (6) there is inserted—

(7) Schedule A1 to this Act (which makes further provision about the Chief Inspector) has effect.

(2) At the beginning of the Schedules to that Act there is inserted—

SCHEDULE A1 (1) (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to another public authority. (2) If the carrying out of an inspection is delegated under sub-paragraph (1) above it is nevertheless to be regarded for the purposes of section 5A of this Act and this Schedule as carried out by the Chief Inspector. (3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature. (2) (1) The Chief Inspector shall from time to time, or at such times as the Secretary of State may specify by order, prepare— (a) a document setting out what inspections he proposes to carry out (an “inspection programme”); (b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”). (2) Before preparing an inspection programme or an inspection framework the Chief Inspector shall consult the Secretary of State and (subject to sub-paragraph (3) below)— (a) Her Majesty's Chief Inspector of Constabulary, (b) Her Majesty's Chief Inspector of the Crown Prosecution Service, (c) Her Majesty's Chief Inspector of the National Probation Service for England and Wales, (d) Her Majesty's Chief Inspector of Court Administration, (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) the Commission for Healthcare Audit and Inspection, (g) the Commission for Social Care Inspection, (h) the Audit Commission for Local Government and the National Health Service in England and Wales, (i) the Auditor General for Wales, and (j) any other person or body specified by an order made by the Secretary of State, and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared. (3) The requirement in sub-paragraph (2) above to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement. (4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take. (5) Nothing in any inspection programme or inspection framework is to be read as preventing the Chief Inspector from making visits without notice. (3) (1) If— (a) a person or body within sub-paragraph (2) below is proposing to carry out an inspection that would involve inspecting a specified organisation, and (b) the Chief Inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner, the Chief Inspector shall, subject to sub-paragraph (7) below, give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner. (2) The persons or bodies within this sub-paragraph are— (a) Her Majesty's Inspectorate of the National Probation Service for England and Wales; (b) Her Majesty's Chief Inspector of Education, Children's Services and Skills; (c) the Commission for Healthcare Audit and Inspection; (d) the Commission for Social Care Inspection; (e) the Audit Commission for Local Government and the National Health Service in England and Wales. (3) The Secretary of State may by order amend sub-paragraph (2) above. (4) In sub-paragraph (1)(a) above “specified organisation” means a person or body specified by an order made by the Secretary of State. (5) A person or body may be specified under sub-paragraph (4) above only if it exercises functions in relation to any prison or other institution or matter falling with the scope of the Chief Inspector's duties under section 5A of this Act. (6) A person or body may be specified under sub-paragraph (4) above in relation to particular functions that it has. In the case of a person or body so specified, sub-paragraph (1)(a) above is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified. (7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph. (8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice. This is subject to sub-paragraph (9) below. (9) The Secretary of State, if satisfied that the proposed inspection— (a) would not impose an unreasonable burden on the organisation in question, or (b) would not do so if carried out in a particular manner, may give consent to the inspection being carried out, or being carried out in that manner. (10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular— (a) provision about the form of notices; (b) provision prescribing the period within which notices are to be given; (c) provision prescribing circumstances in which notices are, or are not, to be made public; (d) provision for revising or withdrawing notices; (e) provision for setting aside notices not validly given. (4) The Chief Inspector shall co-operate with— (a) Her Majesty's Inspectors of Constabulary, (b) Her Majesty's Chief Inspector of the Crown Prosecution Service, (c) Her Majesty's Inspectorate of the National Probation Service for England and Wales, (d) Her Majesty's Inspectorate of Court Administration, (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) the Commission for Healthcare Audit and Inspection, (g) the Commission for Social Care Inspection, (h) the Audit Commission for Local Government and the National Health Service in England and Wales, (i) the Auditor General for Wales, and (j) any other public authority specified by an order made by the Secretary of State, where it is appropriate to do so for the efficient and effective discharge of his functions. (5) (1) The Chief Inspector may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of his functions. (2) The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3) below, shall prepare a document (a “joint inspection programme”) setting out— (a) what inspections he proposes to carry out in the exercise of the power conferred by sub-paragraph (1) above, and (b) what inspections the chief inspectors within sub-paragraph (3) below (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them. (3) The chief inspectors within this sub-paragraph are— (a) Her Majesty's Chief Inspector of Constabulary; (b) Her Majesty's Chief Inspector of the Crown Prosecution Service; (c) Her Majesty's Chief Inspector of the National Probation Service for England and Wales; (d) Her Majesty's Chief Inspector of Court Administration. (4) A joint inspection programme shall be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct. (5) Sub-paragraphs (2), (3) and (5) of paragraph 2 above apply to a joint inspection programme as they apply to a document prepared under that paragraph. (6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take. (6) (1) The Chief Inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions. (2) Assistance under this paragraph may be provided on such terms (including terms as to payment) as the Chief Inspector thinks fit.

Her Majesty’s Inspectors of Constabulary

29

(1) In section 54 of the Police Act 1996 (c. 16) (appointment and functions of Her Majesty's Inspectors of Constabulary), after subsection (5) there is inserted—

(6) Schedule 4A (which makes further provision about the inspectors of constabulary) has effect.

(2) After Schedule 4 to that Act there is inserted—

SCHEDULE 4A (1) (1) An inspector of constabulary may delegate any of his functions (to such extent as he may determine) to another public authority. (2) If an inspector of constabulary delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 54 and this Schedule as carried out by the inspector. (3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature. (2) (1) The chief inspector of constabulary shall from time to time, or at such times as the Secretary of State may specify by order, prepare— (a) a document setting out what inspections he proposes to carry out (an “inspection programme”); (b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”). (2) Before preparing an inspection programme or an inspection framework the chief inspector of constabulary shall consult the Secretary of State and (subject to sub-paragraph (3))— (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Chief Inspector of the Crown Prosecution Service, (c) Her Majesty's Chief Inspector of the National Probation Service for England and Wales, (d) Her Majesty's Chief Inspector of Court Administration, (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) the Commission for Healthcare Audit and Inspection, (g) the Commission for Social Care Inspection, (h) the Audit Commission for Local Government and the National Health Service in England and Wales, (i) the Auditor General for Wales, and (j) any other person or body specified by an order made by the Secretary of State, and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared. (3) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement. (4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take. (5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice. (3) (1) If— (a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and (b) the chief inspector of constabulary considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner, the chief inspector of constabulary shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner. (2) The persons or bodies within this sub-paragraph are— (a) Her Majesty's Chief Inspector of Prisons; (b) Her Majesty's Chief Inspector of the Crown Prosecution Service; (c) Her Majesty's Inspectorate of the National Probation Service for England and Wales; (d) the Commission for Healthcare Audit and Inspection; (e) the Audit Commission for Local Government and the National Health Service in England and Wales. (3) The Secretary of State may by order amend sub-paragraph (2). (4) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State. (5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of constabulary under section 54 of this Act or any other enactment. (6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has. In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified. (7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph. (8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice. This is subject to sub-paragraph (9). (9) The Secretary of State, if satisfied that the proposed inspection— (a) would not impose an unreasonable burden on the organisation in question, or (b) would not do so if carried out in a particular manner, may give consent to the inspection being carried out, or being carried out in that manner. (10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular— (a) provision about the form of notices; (b) provision prescribing the period within which notices are to be given; (c) provision prescribing circumstances in which notices are, or are not, to be made public; (d) provision for revising or withdrawing notices; (e) provision for setting aside notices not validly given. (4) The inspectors of constabulary shall co-operate with— (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Chief Inspector of the Crown Prosecution Service, (c) Her Majesty's Inspectorate of the National Probation Service for England and Wales, (d) Her Majesty's Inspectorate of Court Administration, (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) the Commission for Healthcare Audit and Inspection, (g) the Commission for Social Care Inspection, (h) the Audit Commission for Local Government and the National Health Service in England and Wales, (i) the Auditor General for Wales, and (j) any other public authority specified by an order made by the Secretary of State, where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectors of constabulary. (5) (1) The inspectors of constabulary may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of their functions. (2) The chief inspector of constabulary, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out— (a) what inspections the inspectors of constabulary propose to carry out in the exercise of the power conferred by sub-paragraph (1), and (b) what inspections the chief inspectors within paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them. (3) The chief inspectors within this sub-paragraph are— (a) Her Majesty's Chief Inspector of Prisons; (b) Her Majesty's Chief Inspector of the Crown Prosecution Service; (c) Her Majesty's Chief Inspector of the National Probation Service for England and Wales; (d) Her Majesty's Chief Inspector of Court Administration. (4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct. (5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph. (6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take. (6) (1) The chief inspector of constabulary may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions. (2) Assistance under this paragraph may be provided on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit. (7) A statutory instrument containing an order under this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Her Majesty’s Chief Inspector of the Crown Prosecution Service

30

(1) In section 2 of the Crown Prosecution Service Inspectorate Act 2000 (c. 10) (functions of Her Majesty's Chief Inspector of the Crown Prosecution Service), after subsection (4) there is inserted—

(5) The Schedule to this Act (which makes further provision about the Chief Inspector) has effect.

(2) At the end of that Act there is inserted—

SCHEDULE (1) (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to another public authority. (2) If the carrying out of an inspection is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of this Act as carried out by the Chief Inspector. (3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature. (2) (1) The Chief Inspector shall from time to time, or at such times as the Attorney General may specify by order, prepare— (a) a document setting out what inspections he proposes to carry out (an “inspection programme”); (b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”). (2) Before preparing an inspection programme or an inspection framework the Chief Inspector shall consult the Attorney General and (subject to sub-paragraph (3))— (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Chief Inspector of Constabulary, (c) Her Majesty's Chief Inspector of the National Probation Service for England and Wales, (d) Her Majesty's Chief Inspector of Court Administration, (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) the Commission for Healthcare Audit and Inspection, (g) the Commission for Social Care Inspection, (h) the Audit Commission for Local Government and the National Health Service in England and Wales, (i) the Auditor General for Wales, and (j) any other person or body specified by an order made by the Attorney General, and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared. (3) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement. (4) The Attorney General may by order specify the form that inspection programmes or inspection frameworks are to take. (5) Nothing in any inspection programme or inspection framework is to be read as preventing the Chief Inspector from making visits, or causing visits to be made, without notice. (3) (1) If— (a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and (b) the Chief Inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner, the Chief Inspector shall, subject to sub-paragraph (6), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner. (2) The persons or bodies within this sub-paragraph are those that are specified by an order made by the Attorney General. (3) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Attorney General. (4) A person or body may be specified under sub-paragraph (3) only if it exercises functions in relation to any matter falling with the scope of the duties of the Chief Inspector under this Act or any other enactment. (5) A person or body may be specified under sub-paragraph (3) in relation to particular functions that it has. In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified. (6) The Attorney General may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph. (7) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice. This is subject to sub-paragraph (8). (8) The Attorney General, if satisfied that the proposed inspection— (a) would not impose an unreasonable burden on the organisation in question, or (b) would not do so if carried out in a particular manner, may give consent to the inspection being carried out, or being carried out in that manner. (9) The Attorney General may by order make provision supplementing that made by this paragraph, including in particular— (a) provision about the form of notices; (b) provision prescribing the period within which notices are to be given; (c) provision prescribing circumstances in which notices are, or are not, to be made public; (d) provision for revising or withdrawing notices; (e) provision for setting aside notices not validly given. (4) The Chief Inspector shall co-operate with— (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Inspectors of Constabulary, (c) Her Majesty's Inspectorate of the National Probation Service for England and Wales, (d) Her Majesty's Inspectorate of Court Administration, (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) the Commission for Healthcare Audit and Inspection, (g) the Commission for Social Care Inspection, (h) the Audit Commission for Local Government and the National Health Service in England and Wales, (i) the Auditor General for Wales, and (j) any other public authority specified by an order made by the Attorney General, where it is appropriate to do so for the efficient and effective discharge of his functions. (5) (1) The Chief Inspector may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of his functions. (2) The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out— (a) what inspections he proposes to carry out in the exercise of the power conferred by sub-paragraph (1), and (b) what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them. (3) The chief inspectors within this sub-paragraph are— (a) Her Majesty's Chief Inspector of Prisons; (b) Her Majesty's Chief Inspector of Constabulary; (c) Her Majesty's Chief Inspector of the National Probation Service for England and Wales; (d) Her Majesty's Chief Inspector of Court Administration. (4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct. (5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph. (6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take. (6) (1) The Chief Inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions. (2) Assistance under this paragraph may be provided on such terms (including terms as to payment) as the Chief Inspector thinks fit. (7) (1) An inspector may for the purposes of an inspection under this Act— (a) require documents to be produced; (b) inspect, copy or take away any documents produced; (c) require an explanation to be given of any document produced; (d) require any other information to be provided. (2) A reference in sub-paragraph (1) to the production of a document includes a reference to the production of— (a) a legible and intelligible copy of information recorded otherwise than in legible form, or (b) information in a form from which it can readily be produced in legible and intelligible form. (3) A person exercising the power under sub-paragraph (1) to inspect documents— (a) is entitled to have access to, and inspect and check the operation of, any computer and associated apparatus or material that is or has been in use in connection with the documents in question; (b) may require— (i) the person by whom or on whose behalf the computer is or has been used, or (ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such reasonable assistance as he may require. (8) (1) The power to make an order under this Schedule is exercisable by statutory instrument. (2) A statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Her Majesty’s Inspectorate of the National Probation Service for England and Wales

31

(1) In section 7 of the Criminal Justice and Court Services Act 2000 (c. 43) (functions of Her Majesty's Inspectorate of the National Probation Service for England and Wales), after subsection (6) there is inserted—

(7) Schedule 1A (which makes further provision about the inspectorate) has effect.

(2) After Schedule 1 to that Act there is inserted—

SCHEDULE 1A (1) (1) A member of the inspectorate may delegate any of his functions (to such extent as he may determine) to another public authority. (2) If a member of the inspectorate delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 7 and this Schedule as carried out by that member. (3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature. (2) (1) The chief inspector shall from time to time, or at such times as the Secretary of State may specify by order, prepare— (a) a document setting out what inspections he proposes to carry out (an “inspection programme”); (b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”). (2) Before preparing an inspection programme or an inspection framework the chief inspector shall consult the Secretary of State and (subject to sub-paragraph (3))— (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Chief Inspector of Constabulary, (c) Her Majesty's Chief Inspector of the Crown Prosecution Service, (d) Her Majesty's Chief Inspector of Court Administration, (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) the Commission for Healthcare Audit and Inspection, (g) the Commission for Social Care Inspection, (h) the Audit Commission for Local Government and the National Health Service in England and Wales, (i) the Auditor General for Wales, and (j) any other person or body specified by an order made by the Secretary of State, and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared. (3) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement. (4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take. (5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectorate from making visits without notice. (3) (1) If— (a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and (b) the chief inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner, the chief inspector shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner. (2) The persons or bodies within this sub-paragraph are— (a) Her Majesty's Chief Inspector of Prisons; (b) Her Majesty's Chief Inspector of Education, Children's Services and Skills; (c) the Commission for Healthcare Audit and Inspection; (d) the Commission for Social Care Inspection; (e) the Audit Commission for Local Government and the National Health Service in England and Wales. (3) The Secretary of State may by order amend sub-paragraph (2). (4) In sub-paragraph (1)(a) “specified organisation” means a person or body specified by an order made by the Secretary of State. (5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectorate under section 7. (6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has. In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified. (7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph. (8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice. This is subject to sub-paragraph (9). (9) The Secretary of State, if satisfied that the proposed inspection— (a) would not impose an unreasonable burden on the organisation in question, or (b) would not do so if carried out in a particular manner, may give consent to the inspection being carried out, or being carried out in that manner. (10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular— (a) provision about the form of notices; (b) provision prescribing the period within which notices are to be given; (c) provision prescribing circumstances in which notices are, or are not, to be made public; (d) provision for revising or withdrawing notices; (e) provision for setting aside notices not validly given. (4) The inspectorate shall co-operate with— (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Inspectors of Constabulary, (c) Her Majesty's Inspectorate of the Crown Prosecution Service, (d) Her Majesty's Chief Inspector of Court Administration, (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) the Commission for Healthcare Audit and Inspection, (g) the Commission for Social Care Inspection, (h) the Audit Commission for Local Government and the National Health Service in England and Wales, (i) the Auditor General for Wales, and (j) any other public authority specified by an order made by the Secretary of State, where it is appropriate to do so for the efficient and effective discharge of the functions of the inspectorate. (5) (1) The inspectorate may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of the inspectorate's functions. (2) The chief inspector, acting jointly with the chief inspectors within sub-paragraph (3), shall prepare a document (a “joint inspection programme”) setting out— (a) what inspections the inspectorate proposes to carry out in the exercise of the power conferred by sub-paragraph (1), and (b) what inspections the chief inspectors within sub-paragraph (3) (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them. (3) The chief inspectors within this sub-paragraph are— (a) Her Majesty's Chief Inspector of Prisons; (b) Her Majesty's Chief Inspector of Constabulary; (c) Her Majesty's Chief Inspector of the Crown Prosecution Service; (d) Her Majesty's Chief Inspector of Court Administration. (4) A joint inspection programme must be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct. (5) Sub-paragraphs (2), (3) and (5) of paragraph 2 apply to a joint inspection programme as they apply to a document prepared under that paragraph. (6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take. (6) (1) The chief inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions. (2) Assistance under this paragraph may be provided on such terms (including terms as to payment) as the chief inspector thinks fit.

Her Majesty’s Inspectorate of Court Administration

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

33

In relation to any time before the commencement of the provision in Part 8 of the Education and Inspections Act 2006 (c. 40) establishing the office of Her Majesty's Chief Inspector of Education, Children's Services and Skills, a reference to that inspector in any provision inserted by this Part is to be read as a reference to—

(a) Her Majesty's Chief Inspector of Schools in England, and

(b) the Adult Learning Inspectorate.

Part 5 — Miscellaneous

Bail offences

Sentences of imprisonment for bail offences

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Computer misuse

Unauthorised access to computer material

35

(1) In the Computer Misuse Act 1990 (c. 18) (“the 1990 Act”), section 1 (offence of unauthorised access to computer material) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For subsection (3) there is substituted—

(3) A person guilty of an offence under this section shall be liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both; (b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; (c) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Unauthorised acts with intent to impair operation of computer, etc

36

For section 3 of the 1990 Act (unauthorised modification of computer material) there is substituted—

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Police and Justice Act 2006

Part 1 — Police reform

National Policing Improvement Agency

National Policing Improvement Agency

1

Police forces and police authorities

Transfer of prisoner under international arrangements not requiring his consent

2

Unauthorised acts with intent to impair operation of computer, etc

3

Police authorities as best value authorities

4

Police pension schemes

Power to merge schemes

5

Statutory consultation requirements

Consultation with APA and ACPO

6

Community support officers etc

Standard powers and duties of community support officers

7

Community support officers: power to deal with truants

8

Exercise of police powers by civilians

9

Part 2 — Powers of police etc

Police powers

Police bail

10

Power to detain pending DPP’s decision about charging

11

Power to stop and search at aerodromes

12

Information from registers of death

Supply of information to police etc by Registrar General

13

Travel and freight information

Information-gathering powers: extension to domestic flights and voyages

14

Fixed penalty notices

Accreditation of weights and measures inspectors

15

Power to apply accreditation provisions

16

Conditional cautions

Conditional cautions: types of condition

17

Arrest for failing to comply with conditional caution

18

Part 3 — Crime and anti-social behaviour

Crime and disorder

Local authority scrutiny of crime and disorder matters

19

Guidance and regulations regarding crime and disorder matters

20

Joint crime and disorder committees

21

Amendments to the Crime and Disorder Act 1998

22

Parenting contracts and parenting orders

Parenting contracts: local authorities and registered social landlords

23

Parenting orders: local authorities and registered social landlords

24

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

25

Injunctions

Anti-social behaviour injunctions

26

Injunctions in local authority proceedings: power of arrest and remand

27

Part 4 — Inspectorates

Her Majesty’s Chief Inspector of Prisons

28

Her Majesty’s Inspectors of Constabulary

29

Her Majesty’s Chief Inspector of the Crown Prosecution Service

30

Her Majesty’s Inspectorate of the National Probation Service for England and Wales

31