PART 4 continued CHAPTER 2 continued
(1) The Secretary of State may by regulations make provision as to—
(a) the removal and retention of motor vehicles seized under section 59; and
(b) the release or disposal of such motor vehicles.
(2) Regulations under subsection (1) may, in particular, make provision—
(a) for the giving of notice of the seizure of a motor vehicle under section 59 to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner;
(b) for the procedure by which a person who claims to be the owner of a motor vehicle seized under section 59 may seek to have it released;
(c) for requiring the payment of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;
(d) as to the circumstances in which a motor vehicle seized under section 59 may be disposed of;
(e) as to the destination—
(i) of any fees or charges payable in accordance with the regulations; and
(ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 59;
(f) for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 59.
(3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—
(a) the use by reference to which the motor vehicle in question was seized was not a use by him; and
(b) he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.
(4) In this section—
“local authority”—
in relation to England, means the council of a county, metropolitan district or London borough, the Common Council of the City of London or Transport for London; and
in relation to Wales, means the council of a county or county borough;
“motor vehicle” has the same meaning as in section 59.
(1) Section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders) shall be amended as follows.
(2) For paragraph (b) of subsection (1) (authority to be satisfied that order is necessary to protect persons), there shall be substituted—
“(b) that such an order is necessary to protect relevant persons from further anti-social acts by him.”
(3) The words after that paragraph (which specify the authorities who, as relevant authorities, are entitled to apply for anti-social behaviour orders) shall be omitted.
(4) After subsection (1) there shall be inserted—
“(1A) In this section and sections 1B and 1E “relevant authority” means—
(a) the council for a local government area;
(b) the chief officer of police of any police force maintained for a police area;
(c) the chief constable of the British Transport Police Force; or
(d) any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area.
(1B) In this section “relevant persons” means—
(a) in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;
(b) in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;
(c) in relation to a relevant authority falling within paragraph (c) of that subsection—
(i) persons who are on or likely to be on policed premises in a local government area; or
(ii) persons who are in the vicinity of or likely to be in the vicinity of such premises;
(d) in relation to a relevant authority falling within paragraph (d) of that subsection—
(i) persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or
(ii) persons who are in the vicinity of or likely to be in the vicinity of such premises.”
(5) Subsection (2) (which is superseded by the provision made by section 66 of this Act) shall cease to have effect.
(6) In subsection (3) (which identifies the court to which an application should be made), for the words from “the place” to the end there shall be substituted “the local government area or police area concerned”.
(7) For subsection (6) (nature of prohibitions which may be imposed by order) there shall be substituted—
“(6) The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant.”
(8) In subsection (10) of that section (penalty for contravention of order), for “shall be” there shall be substituted “is guilty of an offence and”.
(9) In subsection (12) of that section (interpretation)—
(a) after “In this section—” there shall be inserted—
““British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);”; and
(b) after the definition of “local government area” there shall be inserted—
““policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949.”
(10) Nothing in this section applies in relation to any application made under section 1 of the Crime and Disorder Act 1998 (c. 37) before the coming into force of this section.
(1) After section 1 of the Crime and Disorder Act 1998 (c. 37) there shall be inserted—
The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a police authority is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of section 1 above.”
(2) In subsection (2) of section 114 of that Act (negative resolution procedure for orders) after “section” there shall be inserted “1A,”.
After section 1A of the Crime and Disorder Act 1998 (which is inserted by section 62), there shall be inserted—
(1) This section applies to any proceedings in a county court (“the principal proceedings”).
(2) If a relevant authority—
(a) is a party to the principal proceedings, 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 under section 1,
it may make an application in those proceedings for an order under subsection (4).
(3) If a relevant authority—
(a) is not a party to the principal proceedings, 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 under section 1,
it may make an application to be joined to those proceedings to enable it to apply for an order under subsection (4) and, if it is so joined, may apply for such an order.
(4) If, on an application for an order under this subsection, it is proved that the conditions mentioned in section 1(1) are fulfilled as respects that other party, the court may make an order which prohibits him from doing anything described in the order.
(5) Subject to subsection (6), the party to the principal proceedings against whom an order under this section has been made and the relevant authority on whose application that order was made may apply to the county court which made an order under this section for it to be varied or discharged by a further order.
(6) Except with the consent of the relevant authority and the person subject to the order, no order under this section shall be discharged before the end of the period of two years beginning with the date of service of the order.
(7) Subsections (5) to (7) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders made under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.”
After section 1B of the Crime and Disorder Act 1998 (c. 37) (which is inserted by section 63), there shall be inserted—
(1) This section applies where a person (the “offender”) is convicted of a relevant offence.
(2) If the court considers—
(a) that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself, and
(b) that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him,
it may make an order which prohibits the offender from doing anything described in the order.
(3) The court may make an order under this section whether or not an application has been made for such an order.
(4) An order under this section shall not be made except—
(a) in addition to a sentence imposed in respect of the relevant offence; or
(b) in addition to an order discharging him conditionally.
(5) An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.
(6) An offender subject to an order under this section may apply to the court which made it for it to be varied or discharged.
(7) In the case of an order under this section made by a magistrates' court, the reference in subsection (6) to the court by which the order was made includes a reference to any magistrates' court acting for the same petty sessions area as that court.
(8) No application may be made under subsection (6) for the discharge of an order before the end of the period of two years beginning with the day on which the order takes effect.
(9) Subsections (7), (10) and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders.
(10) In this section—
“the commencement date” has the same meaning as in section 1 above;
“the court” in relation to an offender means—
the court by or before which he is convicted of the relevant offence; or
if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and
“relevant offence” means an offence committed after the coming into force of section 64 of the Police Reform Act 2002 (c. 30).”
(1) After section 1C of the Crime and Disorder Act 1998 (c. 37)(which is inserted by section 64), there shall be inserted—
(1) The applications to which this section applies are—
(a) an application for an anti-social behaviour order; and
(b) an application for an order under section 1B.
(2) If, before determining an application to which this section applies, the court considers that it is just to make an order under this section pending the determination of that application (“the main application”), it may make such an order.
(3) An order under this section is an order which prohibits the defendant from doing anything described in the order.
(4) An order under this section—
(a) shall be for a fixed period;
(b) may be varied, renewed or discharged;
(c) shall, if it has not previously ceased to have effect, cease to have effect on the determination of the main application.
(5) Subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.”
(2) In section 4(1) of that Act (appeals), after “an anti-social behaviour order” there shall be inserted “, an order under section 1D above,”.
After section 1D of the Crime and Disorder Act 1998 (c. 37)(which is inserted by section 65), there shall be inserted—
(1) This section applies to—
(a) applications for an anti-social behaviour order; and
(b) applications for an order under section 1B.
(2) Before making an application to which this section applies, the council for a local government area shall consult the chief officer of police of the police force maintained for the police area within which that local government area lies.
(3) Before making an application to which this section applies, a chief officer of police shall consult the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside.
(4) Before making an application to which this section applies, a relevant authority other than a council for a local government area or a chief officer of police shall consult—
(a) the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside; and
(b) the chief officer of police of the police force maintained for the police area within which that local government area lies.”
(1) Section 2 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders) shall be amended as follows.
(2) In subsection (1) (application for a sex offender order)—
(a) for “in his police area” there shall be substituted “who he believes is in, or is intending to come to, his police area”;
(b) for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
(3) In subsection (2) (which identifies the court to which an application must be made)—
(a) for “the magistrates' court” there shall be substituted “—
(a) any magistrates' court”;
(b) at the end there shall be inserted “; or
(b) any magistrates' court whose commission area includes any part of the applicant’s police area.”
(4) In subsection (4) (the prohibitions which may be imposed), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
(5) In subsection (6) (variation or discharge of the order)—
(a) after “the applicant” there shall be inserted “, any other relevant chief officer of police”;
(b) for “the court which made a sex offender order for it” there shall be substituted “the appropriate court for the sex offender order”.
(6) After that subsection there shall be inserted—
“(6A) In subsection (6) above—
“the appropriate court” means—
the court which made the sex offender order; or
any magistrates' court whose commission area includes any part of the police area of the applicant or of any other relevant chief officer of police;
“relevant chief officer of police” means a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.”
(7) In subsection (7) (discharge of orders), after “parties” there shall be inserted “and subject to subsection (7A) below”.
(8) After that subsection there shall be inserted—
“(7A) Where any magistrates' court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.”
(9) In subsection (8) (offence for breach of order), for “shall be” there shall be substituted “is guilty of an offence and”.
(10) Subsections (4) to (6) apply in relation to applications and orders under section 2 of the Crime and Disorder Act 1998 (c. 37), whether made before or after the coming into force of this section.
(1) After section 2 of the Crime and Disorder Act 1998 there shall be inserted—
(1) This section applies where an application for a sex offender order (“the main application”) to a magistrates' court has not been determined.
(2) The applicant may apply by complaint to the court for an interim order, pending the determination of the main application.
(3) The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.
(4) An interim order—
(a) shall have effect for the period specified in the order;
(b) shall (if still in force) cease to have effect on the determination of the main application.
(5) While an interim order is in force, Part 1 of the Sex Offenders Act 1997 (c. 51) shall have effect as if—
(a) the defendant were subject to the notification requirements of that Part; and
(b) in relation to him, the relevant date (within the meaning of that Part) were the date of service of the order.
(6) The applicant or the defendant may apply by complaint to the court which made the interim order for it to be varied or discharged by a further order.
(7) If without reasonable excuse a person does anything which he is prohibited from doing by an interim order, he is guilty of an offence.
(8) A person guilty of an offence under subsection (7) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
(9) Where a person is convicted of an offence under subsection (7) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) in respect of the offence.”
(2) In section 4(1) of that Act (appeals), for “or sex offender order” there shall be substituted “, a sex offender order or an order under section 2A above”.
After section 2A of the Crime and Disorder Act 1998 (c. 37) (which is inserted by section 68 there shall be inserted—
(1) If without reasonable excuse a person does anything in England and Wales which he is prohibited from doing there by—
(a) an order under section 20(4) below; or
(b) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),
he is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
(3) Where a person is convicted of an offence under subsection (1) above, it shall not be open to the court by or before which he is convicted to make an order under subsection (1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of the offence.”
(1) The Crime and Disorder Act 1998 shall be amended as follows.
(2) In section 20(1) (application for a sex offender order in Scotland) for “in the area of his police force” there shall be substituted “who he believes is in, or is intending to come to, the area of his police force”.
(3) In section 20(2) (conditions to be fulfilled), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public”.
(4) In section 20(3) (court to which application must be made)—
(a) after “application to” there shall be inserted “—
(a)”;
(b) at the end there shall be inserted “; or
(b) the sheriff whose sheriffdom includes any part of the area of the applicant’s police force.”.
(5) In section 20(5) (prohibitions which may be imposed), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
(6) In section 21(7) (time limit, variation and revocation of order)—
(a) in paragraph (b), after “revoked” there shall be inserted “(in the case of a sex offender order, by the appropriate court for that order)”;
(b) in paragraph (b)(i), after “the order” there shall be inserted “or, in the case of a sex offender order, any other relevant chief constable”.
(7) After that subsection there shall be inserted—
“(7A) In subsection (7) above—
“the appropriate court” means—
the sheriff who made the sex offender order; or
the sheriff whose sheriffdom includes any part of the area of the applicant’s police force or of the police force of any other relevant chief constable;
“relevant chief constable” means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force.”
(8) After subsection (7A) (inserted by subsection (7)) there shall be inserted—
“(7B) Where a sheriff makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.”
(9) Subsections (5) to (7) apply in relation to applications and orders under section 20 of the Crime and Disorder Act 1998 (c. 37), whether made before or after the coming into force of this section.
After section 21 of the Crime and Disorder Act 1998 there shall be inserted—
(1) If without reasonable excuse a person does anything in Scotland which he is prohibited from doing there by—
(a) an order under section 2(3) or 2A above; or
(b) an order under Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)),
he is guilty of an offence.
(2) A person who is guilty of an offence under subsection (1) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.”
(1) Article 6 of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/ 2839 (N.I. 20)) (sex offender orders) shall be amended as follows.
(2) In paragraph (1) (application for a sex offender order)—
(a) for “in Northern Ireland” there shall be substituted “who he believes is in, or is intending to come to, Northern Ireland”;
(b) for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
(3) In paragraph (2) (which identifies the court to which an application must be made), for the words following “1981 to” there shall be substituted “any court of summary jurisdiction”.
(4) In paragraph (4) (the prohibitions which may be imposed), for “the public” there shall be substituted “the public in the United Kingdom, or any particular members of that public,”.
(5) In paragraph (7) (discharge of orders), after “parties” there shall be inserted “and subject to paragraph (7A)”.
(6) After that paragraph there shall be inserted—
“(7A) Where a court makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.”
(7) Subsection (4) applies in relation to applications and orders under Article 6 of the Criminal Justice (Northern Ireland) Order 1998, whether made before or after the coming into force of this section.
(1) After Article 6 of the Criminal Justice (Northern Ireland) Order 1998 there shall be inserted—
(1) This Article applies where an application for a sex offender order (“the main application”) to a court of summary jurisdiction has not been determined.
(2) The applicant may apply by way of complaint under Part VIII of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/ 1675 (N.I. 26)) to the court for an interim order, pending the determination of the main application.
(3) The court may make an interim order prohibiting the defendant from doing anything described in the order if it considers that it is appropriate to do so.
(4) An interim order—
(a) shall have effect for the period specified in the order;
(b) shall (if still in force) cease to have effect on the determination of the main application.