Police and Justice Act 2006

Police Reform Act 2002 (c. 30)

40

In section 9 of the Police Reform Act 2002 (the Independent Police Complaints Commission), in subsection (3)(d), after “section 41” there is inserted “ or 41A ”.

41

In section 40 of that Act (community safety accreditation schemes), subsection (7) is omitted.

42

In section 41 of that Act (accreditation under community safety accreditation schemes), after subsection (4) there is inserted—

(4A) A chief officer of police may not grant accreditation under this section to a weights and measures inspector.

43

• (1) Section 42 of that Act (supplementary provisions relating to designations and accreditations) is amended as follows.

• (2) In subsection (1), after “section 41” there is inserted “ or 41A ”.

• (3) In subsection (3)—

• (a) after “or 41” there is inserted “ or an accreditation to any weights and measures inspector under section 41A ”;

• (b) after “accredited person” there is inserted “ or the accredited inspector ”.

• (4) After subsection (6) there is inserted—

(6A) Where the accreditation of a weights and measures inspector under section 41A is modified or withdrawn, the chief officer giving notice of the modification or withdrawal shall send a copy of the notice to the local weights and measures authority by which the inspector was appointed.

• (5) After subsection (10) there is inserted—

(11) For the purposes of determining liability for the unlawful conduct of weights and measures inspectors, conduct by such an inspector in reliance or purported reliance on an accreditation under section 41A shall be taken to be conduct in the course of his duties as a weights and measures inspector; and, in the case of a tort, the local weights and measures authority by which he was appointed shall fall to be treated as a joint tortfeasor accordingly.

44

• (1) Section 46 of that Act (offences against designated and accredited persons etc) is amended as follows.

• (2) In subsections (1) and (2)—

• (a) before the “or” following paragraph (b) there is inserted—

(ba) an accredited inspector in the execution of his duty,

;

• (b) in paragraph (c), after “accredited person” there is inserted “ or an accredited inspector ”.

• (3) In subsection (3)—

• (a) in paragraph (a), for “or an accredited person” there is substituted “ , an accredited person or an accredited inspector ”;

• (b) in paragraph (b), for “or that he is an accredited person” there is substituted “ , that he is an accredited person or that he is an accredited inspector ”;

• (c) in paragraph (c), after “accredited person” there is inserted “ or as an accredited inspector ”.

• (4) In subsection (4), for “or accredited person” there is substituted “ , accredited person or accredited inspector ”.

45

In section 47 of that Act (interpretation of Chapter 1), in subsection (1) the following definitions are inserted at the appropriate places—

• “accredited inspector” means a weights and measures inspector in relation to whom an accreditation under section 41A is for the time being in force;

;

“weights and measures inspector” means an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.

46

In section 105 of that Act (powers of Secretary of State to make orders and regulations), in subsection (3)(b), before “or 99(6)” there is inserted “ or 41B ”.

Railways and Transport Safety Act 2003 (c. 20)

47

In section 19 of the Railways and Transport Safety Act 2003 (exercise of functions by British Transport Police Authority)—

• (a) at the end of paragraph (d) there is inserted “ and ”;

• (b) paragraph (f) is omitted.

48

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

49

In section 50 of that Act (policing objectives set by British Transport Police Authority), for paragraphs (c) and (d) of subsection (3) there is substituted

and (c) have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities).

50

In section 52 of that Act (railways policing plan), for subsection (7) there is substituted—

(7) In preparing a plan the Chief Constable and the Authority shall have regard to any guidance given by the Secretary of State about railways policing plans. (7A) Before issuing or revising any guidance under subsection (7) the Secretary of State shall consult— (a) the Authority, (b) the Chief Constable, and (c) such other persons as the Secretary of State thinks fit.

51

• (1) Section 55 of that Act (three-year strategy plan) is amended as follows.

• (2) In subsection (1), after “a plan” there is inserted “ (“a three-year strategy plan”) ”.

• (3) For subsections (2) and (3) there is substituted—

(2) Before a three-year strategy plan for any period is issued by the Authority, a draft of a plan setting out medium-term and long-term strategies for policing the railways during that period must have been prepared by the Chief Constable and submitted by him to the Authority for its consideration. (3) In preparing the draft plan, the Chief Constable shall have regard to opinions expressed in accordance with section 62. (4) The Authority may modify a three-year strategy plan which it has issued for a particular period at any time during that period. (5) The Secretary of State may— (a) issue guidance to the Authority and to the Chief Constable as to— (i) the matters to be contained in any three-year strategy plan, and (ii) the form to be taken by any such plan, and (b) revise and modify that guidance from time to time. (6) Before issuing or revising any guidance under subsection (5) the Secretary of State shall consult— (a) the Authority, (b) the Chief Constable, and (c) such other persons as the Secretary of State thinks fit. (7) When issuing, preparing or modifying a three-year strategy plan or a draft of such a plan, the Authority or (as the case may be) the Chief Constable shall have regard to— (a) any guidance issued by the Secretary of State under subsection (5), (b) any objectives set by the Secretary of State under section 51 for a financial year falling within the period to which the plan relates, (c) any performance targets set by the Authority under section 53 relating to such objectives, and (d) any strategic priorities determined by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities) and applicable during all or part of the period to which the plan relates. (8) Where the Authority is proposing to issue or modify any plan under this section, it shall submit that plan, or the modifications, to the Secretary of State. (9) Where the Authority issues a three-year strategy plan or modifies such a plan, it shall— (a) send a copy of the plan or the modified plan to the Secretary of State, and (b) cause the plan or modified plan to be published. The copy of any modified plan sent to the Secretary of State and the publication of any modified plan must show the modifications, or be accompanied by or published with a document which sets them out or describes them. (10) If the Secretary of State considers that there are grounds for thinking that— (a) a three-year strategy plan, or (b) any proposals by the Authority for such a plan, or for the modification of such a plan, may not be consistent with any of the objectives, targets or priorities mentioned in subsection (7), he shall, before informing the Authority of his conclusions on whether or not the plan or the proposals are in fact so inconsistent, consult the Authority and the Chief Constable. (11) The Authority shall consult the Chief Constable before— (a) it issues a three-year strategy plan that differs in any material respect from the draft submitted to it by the Chief Constable, or (b) it modifies its three-year strategy plan. (12) The Secretary of State may by regulations make provision for the procedure to be followed on the submission to him of any plan or modifications for the purposes of this section.

52

• (1) In Schedule 4 to that Act (British Transport Police Authority), in paragraph 11(b) (appointment of clerk), for “a clerk” there is substituted “ a chief executive ”.

• (2) A person holding office as clerk to the British Transport Police Authority on the commencement of this paragraph continues in that office as chief executive of the authority.

Anti-social Behaviour Act 2003 (c. 38)

53

In the heading to section 25 of the Anti-social Behaviour Act 2003 (parenting contracts in respect of criminal conduct and anti-social behaviour), at the end there is inserted “ : youth offending teams ”.

54

• (1) Section 26 of that Act (parenting orders in respect of criminal conduct and anti-social behaviour) is amended as follows.

• (2) In the heading, at the end there is inserted “ : youth offending teams ”.

• (3) After subsection (8) there is inserted—

(9) A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is a member of a youth offending team.

55

• (1) Section 27 of that Act (parenting orders: supplemental) is amended as follows.

• (2) In subsections (1) and (2), for “section 26” there is substituted “ section 26, 26A or 26B ”.

• (3) In subsection (1)(a), for “section 25” there is substituted “ section 25, 25A or 25B ”.

• (4) In subsection (3), for “in relation to a parenting order under section 26 as they apply” there is substituted

in relation to— (a) a parenting order under section 26, (b) a parenting order under section 26A, or (c) a parenting order under section 26B, as they apply

.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) For subsection (4) there is substituted—

(4) In carrying out their functions in relation to parenting orders— (a) members of youth offending teams, (b) local authorities in England, (c) registered social landlords on the register maintained by the Housing Corporation, and (d) responsible officers in relation to parenting orders made on the application of local authorities in England or of registered social landlords on that register, must have regard to any guidance which is issued by the Secretary of State from time to time for that purpose. (4A) In carrying out their functions in relation to parenting orders— (a) local authorities in Wales, (b) registered social landlords on the register maintained by the National Assembly for Wales, and (c) responsible officers in relation to parenting orders made on the application of local authorities in Wales or of registered social landlords on that register, must have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose.

56

• (1) Section 28 of that Act (parenting orders: appeals) is amended as follows.

• (2) In subsection (1), for “under section 26” there is substituted “ by a magistrates' court under section 26, 26A or 26B ”.

• (3) After that subsection there is inserted—

(1A) An appeal lies to the High Court against the making of a parenting order by a county court under section 26A or 26B.

• (4) In subsection (2), for “subsection (1)(b)” there is substituted “ subsection (1) ”.

57

In section 29(1) of that Act (interpretation of sections 25 to 29), in the definition of “responsible officer”, for the words after “means” there is substituted “ the person who is specified as such in the order, ”.

Criminal Justice Act 2003 (c. 44)

58

In section 25 of the Criminal Justice Act 2003 (code of practice in relation to conditional cautions), at the end of subsection (2) there is inserted—

(i) the exercise of the power of arrest conferred by section 24A(1), and (j) who is to decide how a person should be dealt with under section 24A(2).

Energy Act 2004 (c. 20)

59

In paragraph 1 of Schedule 12 to the Energy Act 2004 (determination of annual objectives for Civil Nuclear Constabulary), for sub-paragraph (3) there is substituted—

(3) In determining the objectives, the Police Authority must have regard to any strategic priorities determined for that year by the Secretary of State under section 37A of the Police Act 1996 (strategic priorities for police authorities).

Public Audit (Wales) Act 2004 (c. 23)

60

After section 67 of the Public Audit (Wales) Act 2004 there is inserted—

(67A) (1) The Auditor General for Wales may provide assistance to— (a) Her Majesty's Chief Inspector of Prisons, (b) Her Majesty's Inspectors of Constabulary, (c) Her Majesty's Chief Inspector of the Crown Prosecution Service, (d) Her Majesty's Inspectorate of the National Probation Service for England and Wales, and (e) Her Majesty's Inspectorate of Court Administration, in the discharge of any of their functions. (2) Assistance under subsection (1) may be provided on such terms, including terms as to payment, as the Auditor General for Wales and the body or person in question may agree.

Constitutional Reform Act 2005 (c. 4)

61

In section 8(4) of the Constitutional Reform Act 2005 (appointment of Head and Deputy Head of Criminal Justice), in paragraph (b) (person appointed must be ordinary judge of Court of Appeal), for “an ordinary judge” there is substituted “ a judge ”.

Serious Organised Crime and Police Act 2005 (c. 15)

62

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

SCHEDULE 15

Part 1 — Police reform

Part 2 — Powers of police etc

Part 3 — Crime and anti-social behaviour

Part 4 — Miscellaneous

Power to merge schemes

Community support officers: power to deal with truants

Conditional cautions: types of condition

Arrest for failing to comply with conditional caution

Community support officers: power to deal with truants

Police bail

Power to stop and search at aerodromes

Accreditation of weights and measures inspectors

Conditional cautions: types of condition

Arrest for failing to comply with conditional caution

Transitional provision

Sentences of imprisonment for bail offences

Unauthorised acts with intent to impair operation of computer, etc

Immigration and asylum enforcement functions and customs functions: complaints and misconduct

Amendments to the Extradition Act 2003 etc

Attendance by accused at certain preliminary or sentencing hearings

Live link bail

Live link bail

Live link bail

Appeals under Part 1 of the Criminal Appeal Act 1968

Appeals under Part 1 of the Criminal Appeal Act 1968

Evidence of vulnerable accused

Appeals under Part 1 of the Criminal Appeal Act 1968

Money

Appeals under Part 1 of the Criminal Appeal Act 1968

The Agency's objects

The Agency's principal power

Meaning of “listed police force” and “restrictedly listed police force” in paragraphs 1 and 2

Consultation: exercise of powers in relation to Scotland or Northern Ireland

Annual plans

Strategic priorities

Chairman and other members

Tenure

Re-appointment

Remuneration, pensions etc of appointed members

Chief executive

Staff remuneration

Staff pensions

Status of staff members as constables

Constables employed by the Agency: conditions of service

Regulations for constables employed by, or seconded to, the Agency

Liability for acts of police members of staff

Payment of amounts in connection with unlawful conduct of any staff

Delegation to committees, sub-committees and staff

Procedure

Application of seal and proof of documents

Status

Annual reports

Reports to Secretary of State

Inspections

Inspection reports

Post-inspection directions

Payments by Secretary of State to the Agency

Charges by the Agency and other receipts

Payments by Agency to local policing bodies police authorities

Accounts

Meaning of “scheme”

Property, rights and liabilities

Effect of transfer of employees

Staff on secondment

Deciding matters under scheme

Supplementary provision

Interpretation

Power to modify objects, functions and structure of the Agency

Public Records Act 1958 (c. 51)

Parliamentary Commissioner Act 1967 (c. 13)

Police (Scotland) Act 1967 (c. 77)

Health and Safety at Work etc. Act 1974 (c. 37)

House of Commons Disqualification Act 1975 (c. 24)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

Police Pensions Act 1976 (c. 35)

Race Relations Act 1976 (c. 74)

Police Act 1996 (c. 16)

Police (Northern Ireland) Act 1998 (c. 32)

Freedom of Information Act 2000 (c. 36)

Criminal Justice and Court Services Act 2000 (c. 43)

Vehicles (Crime) Act 2001 (c. 3)

Criminal Justice and Police Act 2001 (c. 16)

Police Reform Act 2002 (c. 30)

Sexual Offences Act 2003 (c. 42)

Commissioners for Revenue and Customs Act 2005 (c. 11)

Serious Organised Crime and Police Act 2005 (c. 15)

Membership etc of police authorities

Functions of police authorities

Police authorities: objectives, plans and reports

Appointment of deputy chief constables etc

Civilian employees of police authorities

Clerks to police authorities renamed chief executives

Jurisdiction of special constables

Secretary of State's strategic functions in relation to police authorities

Power to give directions to police authority or chief officer of police

Power to give directions as to action plans

Arrangements for obtaining the views of the community on policing

Introduction

Power to merge police pension schemes

Exercise of power to establish merged scheme

Exercise of power to amend merged scheme

Application of provisions of other Acts

Transitional provision

Continuity of schemes for tax purposes

Police and Criminal Evidence Act 1984 (c. 60)

Police Act 1996 (c. 16)

Criminal Procedure and Investigations Act 1996 (c. 25)

Criminal Justice and Police Act 2001 (c. 16)

Police Reform Act 2002 (c. 30)

Power to impose conditions on granting bail

Contents of notice given to person released on bail

Variation of bail conditions

Power of arrest for breach of bail conditions

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

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

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

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

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

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

Introductory

Functions of crime and disorder committees

Appointment of sub-committees

Meetings etc

Power to compel attendance etc

Miscellaneous and supplemental

Application to the City of London

Requests for extradition of persons unlawfully at large

Restriction on extradition following transfer from International Criminal Court

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

Remand of person serving sentence in United Kingdom

Remands in connection with appeal proceedings

Time for extradition

Extradition of person serving sentence in United Kingdom

“The appropriate judge”

Extradition to category 2 territories: requests and certificates

Time for representations and consideration of case under Part 2

Applications for discharge or for extension of time limit

Scotland: references to Secretary of State

Issue of Part 3 warrant: persons unlawfully at large who may be arrested without domestic warrant

Issue of Part 3 warrant: domestic warrant issued at common law by judge in Northern Ireland

Dealing with person for pre-extradition offences following extradition to UK

Extradition requests to territories not applying European framework decision to old cases

Extradition of serving prisoner

Authentication of receivable documents

Powers of High Court in relation to bail decisions by magistrates' court etc

Credit against sentence for periods of remand in custody of persons extradited to UK

Amendments consequential on amendments in Part 1

Prison Act 1952 (c. 52)

Criminal Damage Act 1971 (c. 48)

Superannuation Act 1972 (c. 11)

Police Pensions Act 1976 (c. 35)

Bail Act 1976 (c. 63)

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

Aviation Security Act 1982 (c. 36)

Police and Criminal Evidence Act 1984 (c. 60)

Housing Act 1985 (c. 68)

Criminal Justice Act 1988 (c. 33)

Housing Act 1988 (c. 50)

Local Government and Housing Act 1989 (c. 42)

Computer Misuse Act 1990 (c. 18)

Police Act 1996 (c. 16)

Employment Rights Act 1996 (c. 18)

Housing Act 1996 (c. 52)

Police Act 1997 (c. 50)

Audit Commission Act 1998 (c. 18)

Crime and Disorder Act 1998 (c. 37)

Youth Justice and Criminal Evidence Act 1999 (c. 23)

Local Government Act 2000 (c. 22)

Regulation of Investigatory Powers Act 2000 (c. 23)

Police Reform Act 2002 (c. 30)

Railways and Transport Safety Act 2003 (c. 20)

Anti-social Behaviour Act 2003 (c. 38)

Criminal Justice Act 2003 (c. 44)

Energy Act 2004 (c. 20)

Public Audit (Wales) Act 2004 (c. 23)

Constitutional Reform Act 2005 (c. 4)

Serious Organised Crime and Police Act 2005 (c. 15)

Editorial notes