Paragraph 30: Arrangements for obtaining the views of the community on policing

120.     Paragraph 30 amends section 96 of the 1996 Act which places a duty on police authorities to make arrangements for obtaining the views of the community on policing the force area and the cooperation of the community in preventing crime. Sub-paragraph (2) amends section 96(1)(b) of the 1996 Act to extend the duty on police authorities to cover the making of arrangements for seeking the cooperation of the community in preventing anti-social behaviour (in addition to the prevention of crime). Sub-paragraph (4) substitutes subsections (6) to (10) of section 96. The new subsections enable the Secretary of State to make regulations (subject to the negative procedure) supplementing the general duty on police authorities imposed by section 96(1). The Secretary of State must consult with the APA and the ACPO before making any order under new section 96.

Section 3: Delegation of police authority functions

121.     Part 6 of the Local Government Act 1972 enables a police authority to provide for its functions to be discharged by a committee, a sub-committee or an officer of the authority. However, a police authority may not arrange for its functions to be discharged by a committee or officer in respect of only part of its area.

122.     Section 3 confers additional flexibility on police authorities to delegate their functions, in particular, by providing for a power to delegate to an area committee or to an individual member of the authority. By virtue of section 101(6) of the Local Government Act 1972 police authorities will be barred from delegating their precepting function in this manner. The section also enables such area committees to include people other than members of the police authority on them.

123.     The provision also enables the Secretary of State to impose limitations on the kinds of functions that police authorities can delegate by area, on the make-up of area committees, and in respect of the officers and members of authorities to whom delegation can be made.

Section 4: Police authorities as best value authorities

124.     Section 4 amends section 1 of the Local Government Act 1999 to limit the extent to which the best value provisions of that Act apply to police authorities. Section 4 removes from police authorities the requirement to conduct best value reviews and publish best value performance plans. The overarching best value duty, to make arrangements to secure continuous improvement in the way in which functions are exercised, having regard to a combination of economy, efficiency and effectiveness, will continue to apply.

125.     Subsection (1) provides that a police authority is not a best value authority for the purpose of certain provisions in Part 1 of the 1999 Act. Those provisions are:

• section 5, under which a best value authority must conduct best value reviews of its functions;

• section 6, under which a best value authority must prepare a best value performance plan for each financial year;

• sections 7 to 9, which require best value performance plans to be audited and place a duty on the best value authority to publish the auditor's report; and

• sections 13(5) and 15(2)(a) and (b), which will no longer be relevant once a police authority does not have to prepare a best value performance plan.

126.     Subsection (2) clarifies that references in other Acts to best value authorities will, if the context allows, continue to include police authorities.

Section 5 and Schedule 3: Power to merge schemes

127.      Section 5 and Schedule 3 provide the power to make provision replacing the pensions regulations made under the Police Pensions Act 1976 (which apply to police constables in England, Wales and Scotland), and under the Police (Northern Ireland) Act 1998 (which apply to constables in Northern Ireland), so as to establish a single, unified pension scheme for persons who became members of one of the original police schemes before 6 April 2006. The Finance Act 2004 limits the benefits which can be offered to persons who join a pension scheme after 6th April 2006. As a consequence any police officer who joined a police pension scheme before 6 April 2006 would, if transferring between the Police Service of Northern Ireland and a police force in Great Britain after that date, be obliged to move into a less advantageous scheme. This is a disincentive to such transfers. The purpose of having a unified pension scheme is to preserve the position as it was before the changes made by the Finance Act 2004.

128.     The power to replace the existing regulations so as to create a unified scheme may not be exercised so as to place any person in a less beneficial position, as a member of the unified scheme, than he was in as a member of his previous police pension scheme (paragraph 2(3)(b)).

129.     Paragraph 3 of Schedule 3 provides that the Secretary of State, when making the pensions regulations, must consult with the Policing Board of Northern Ireland, and obtain the agreement of the Treasury. It also allows the regulations to have retroactive effect, so that they may be backdated to 1 April 2006.

130.     Paragraph 7 of Schedule 3 provides that, for the purposes of Part 4 of the Finance Act 2004, the new police pension scheme will be treated as a continuation of the original schemes and not a new scheme.

Section 6 and Schedule 4: Statutory consultation requirements

131.     Section 6 introduces Schedule 4. Schedule 4 amends provisions in existing legislation requiring consultation with persons representing the interests of police authorities or chief officers of police. The effect of the amendments is to require consultation with the APA or ACPO instead.

132.     Section 6 also provides a power for the Secretary of State to amend by order (subject to the negative procedure) these consultation requirements, should other bodies represent these interests in the future, or if the APA or ACPO were to change its name.

Section 7: Standard powers and duties of community support officers

133.     This section amends the Police Reform Act 2002 ("the 2002 Act") in relation to the powers that can be conferred on CSOs. Subsection (1) inserts new subsection (5A) into section 38 of the 2002 Act. The effect is that a person designated under section 38 as a CSO is to have the standard powers and duties of a CSO in addition to any additional powers conferred on him by his designation.

134.     Subsection (2) inserts new section 38A into the 2002 Act. The new section enables the Secretary of State to make an order conferring certain powers and duties, set out in Part 1 of Schedule 4 to the 2002 Act, on all CSOs. It is these powers and duties that are to be known as the standard powers and duties of a CSO. An order under section 38A is to be subject to the affirmative resolution procedure.

135.     New section 38A(3) sets out the consultation requirements which apply before the Secretary of State may make an order.

136.     New section 38A(5) provides that a power or duty may be conferred on a CSO both by an order under section 38A and by a designation. This is to enable CSOs to rely on their individual designations if an order made under section 38A providing for standard powers and duties is varied or revoked. New section 38A(6) places a duty on a chief officer to ensure that if any additional powers or duties are imposed on CSOs under his control, they receive adequate training in the exercise of those powers or duties.

Section 8: Community support officers: power to deal with truants

137.     This section inserts a new power into the list (set out in Schedule 4 to the 2002 Act) of powers that may be conferred on persons designated as CSOs. If designated with the power set out at new paragraph 4C, CSOs will have the power that constables already have under section 16 of the Crime and Disorder Act 1998 to deal with truants. This power would allow CSOs to remove young people of school age that they believe are absent from school without lawful authority from specified areas and to take them either to their school, or to a place which has been specified by the local authority.

Section 9 and Schedule 5: Exercise of police powers by civilians

138.     This section introduces Schedule 5 to the Act.

139.     Schedule 5 makes various consequential and minor amendments in provisions in the Police Reform Act 2002.

140.     Paragraph 2(3) inserts a new subsection (5B) into section 38 of the 2002 Act so that when a chief constable first designates a person as a CSO, he is required to ensure that the person has received adequate training in the exercise of the standard powers that are in force at that time.

141.     The effect of paragraph 3 of the Schedule is to amend section 42 of the 2002 Act so that CSOs, when exercising powers or duties, must produce on demand evidence of their designation as a CSO and of any non-standard power which they exercise that has been conferred on them by their Chief Officer under section 38. Accordingly, CSOs will not have to carry with them details of all the standard powers which have been conferred upon them by an order under section 38A. The requirement to produce evidence of a designation could be satisfied by production of the designation itself, but could also be satisfied by something less, such as some form of document or card.

Part 2: Powers of police etc

Section 10 and Schedule 6: Police bail

142.     Section 10 and Schedule 6 amend the Police and Criminal Evidence Act 1984 (PACE). As PACE stands, a police officer may only attach conditions to bail if the person bailed has been charged, or if his case has been referred to the CPS for a decision on whether or not to charge him. The effect of the amendments made by section 10 and Schedule 6 is that a police officer may attach conditions to bail granted at a police station before charge under section 37(2) and 37(7)(b) of PACE, and to bail granted elsewhere than at a police station ("street bail") under section 30A.

143.      Section 10 and Schedule 6 will enable the officer granting bail to consider attaching conditions relevant and proportionate to the suspect and the offence. The conditions that can be imposed must be necessary to secure that the person surrenders to custody, that the person does not commit an offence while on bail, or that the person does not interfere with witnesses or otherwise obstruct the course of justice. Where the person is under the age of 17 conditions may also be applied for their welfare, or in their own interest. No recognizance, security or surety may be taken and no requirement to reside in a bail hostel may be imposed.

144.     Where conditions are applied to street bail, the person who has been bailed subject to conditions will have the right to apply for variation of conditions to a custody officer and to a magistrates' court. A record will be made of the exercise of the power and a copy provided to the person explaining their rights.

145.     The proposed measures reflect bail provisions already available in relation to people at the charging stage of the process.

Section 11: Power to detain pending DPP's decision about charging

146.     The amendment made by section 11 to section 37 of PACE is designed to enable a custody officer to detain a person, under section 37, whilst consideration is being given by the Director of Public Prosecutions (in practice the relevant Crown Prosecution Service lawyer) on whether the person should be charged.

147.      As it stands, section 37(1) of PACE provides that the custody officer at each police station where a person is detained must determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested, and may detain him at the police station for such period as is necessary to enable him to do so. Section 37(7) of PACE provides that when the custody officer has determined that he does have before him sufficient evidence to charge the person with the offence for which he was arrested, the person must be (a) released without charge and on bail for the purpose of enabling the Director of Public Prosecutions to make a decision on charge; (b) released without charge and on bail but not for that purpose; (c) released without charge and without bail; or (d) charged.

148.     The effect of the amendment made by section 11 is that, where the custody officer has determined that he has before him sufficient evidence to charge a person, that person may be detained at a police station pending the prosecutor's decision as to whether or not to bring a charge. It will be a matter for the custody officer to determine on an individual basis whether the person should be detained or granted bail whilst awaiting the outcome of the statutory charging process.

Section 12: Power to stop and search at aerodromes

149.     Section 12 inserts new section 24B in Part 3 of the Aviation Security Act 1982 (policing of airports) following the recommendation made by the Rt. Hon. John Wheeler in his report on airport security (published by the Department for Transport, 2002). This enables a police constable to stop and search, without warrant, any person, vehicle or aircraft in any area of an aerodrome, whether designated or non-designated, for stolen or prohibited articles, where he has reasonable grounds to suspect that he will find such articles. Designation takes place under Part 3 of the Aviation Security Act 1982. If applied to an aerodrome, it allows police constables additional powers that are not available at non-designated aerodromes. The term aerodrome, as defined by section 38(1) of the 1982 Act, is used rather than airport, as it has wider meaning and covers major airports as well as airfields used only by private flying clubs.

150.     New section 24B(4) enables a constable to seize items discovered during a search which he reasonably suspects to be stolen or prohibited articles.

151.     New section 24B(5) defines a prohibited article as something made or adapted for use in the course of or in connection with criminal conduct, or an article intended for such use by the person having it with him or by some other person.

152.     New section 24B(6) defines "criminal conduct" as conduct which constitutes an offence in the part of the UK in which the aerodrome is situated or conduct which would constitute an offence in that part of the UK if it occurred there.

153.     New section 24B(9) prevents a constable from entering a dwelling during the exercise of the powers conferred by section 24B.

154.     Paragraph 8(4) of Schedule 14 repeals subsections (1), (4), and (5) of section 27 of the Aviation Security Act 1982. These are no longer necessary since the search powers in new section 24B are exercisable at both designated and non-designated airports.

Section 13: Supply of information to police etc by Registrar General

155.     Prior to this legislation the Registrars General for England and Wales and for Northern Ireland did not have the legislative power to disclose death registration information, in a timely manner or on a bulk basis, to public and private sector organisations for the prevention, detection, investigation or prosecution of offences. This section changes that situation and confers a power that enables the Registrars General for England and Wales and for Northern Ireland to supply bulk information contained in any register of deaths to the police and other organisations in a timely manner for use in the prevention, detection, investigation or prosecution of offences. (It is envisaged that the power will be particularly useful in relation to offences involving identity fraud.) The power does not enable disclosure to be made for any other purpose. The section does not limit the other circumstances in which the Registrars General already supply death information. The supply of information may be subject to conditions imposed by the Registrars General and to the levy of a reasonable fee. (This section extends to Northern Ireland by virtue of section 54(3).)

156.     Subsection (1) confers a power on the Registrar General for England and Wales and the Registrar General for Northern Ireland to supply death registration information for the purposes of the prevention, detection, investigation or prosecution of offences to:

(a) a police force in the United Kingdom,

(b) a special police force (as defined in subsection (6)(a) to (d)),

(c) the Serious Organised Crime Agency, or

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

157.     There is no restriction on who may be specified in such an order, except that the maker of the order would of course have to be satisfied that the disclosure to the person or body in question was capable of being made for the purposes outlined above.

158.     Subsection (2) provides that the Registrar General for England and Wales, with the approval of the Chancellor of the Exchequer, may make an order under section 13(1)(d) in respect of England and Wales; and the Secretary of State, after consulting the Registrar General for Northern Ireland, may make an order under section 13(1)(d) in respect of Northern Ireland. The difference reflects the legal and historical position of the two Registrars General. The Registrar General for England and Wales has similar order-making powers in other Acts whereas the Registrar General for Northern Ireland has no such powers.

159.     Subsection (3) provides that the Registrars General may charge a reasonable fee (which may vary depending on the amount of work involved) in respect of the cost of supplying the information.

160.     Subsection (4) provides that the Registrars General may impose conditions in respect of the supply.

161.     Subsection (5) preserves the existing legal arrangements for the supply of death registration information. Sometimes, the effect of legislation is to limit other legislation already in force. This subsection prevents that happening in this case.

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

162.     Section 14 provides for section 32 of the Immigration, Asylum and Nationality Act 2006) ("the IAN Act") (police powers to gather information relating to flights and voyages to or from the United Kingdom) to be amended to include:

• ships or aircraft arriving, or expected to arrive, in the UK from elsewhere in the UK, and

• ships or aircraft leaving or expected to leave, from any place in the UK for elsewhere in the UK.

163.     This will enable a constable of at least the rank of superintendent to request passenger, crew or service information from the owner or agent of a ship or aircraft on air and sea journeys within the UK.

164.     Section 32 of the IAN Act states that the passenger, crew and service information which may be collected under the section will be specified in secondary legislation. Secondary legislation may also specify the form and manner in which information is to be provided.

165.     Section 32 of the IAN Act also requires passengers and crew members to provide the owner or agent of a ship or aircraft with any information that he requires for the purposes of complying with a requirement to provide information.

166.     Requests have to be in writing, may apply generally or only to one or more specified ships or aircraft, in either case, throughout a specified period (not exceeding six months) and must state the information required and the date or time by which the information must be provided.

167.     Subsection (3) amends section 32(5) (interpretation of that section) and section 33(5) (police powers to gather information about freight entering or leaving the United Kingdom: interpretation of section) of the IAN Act by inserting a definition of a ship. A ship is defined as including every description of vessel used in navigation and hovercraft. Subsections (4) and (5) amend section 36 (duty to share travel and freight information) and section 38 (disclosure of travel and freight information for security purposes) of the IAN Act by inserting the above definition of a ship.

Section 15: Accreditation of weights and measures inspectors

168.     Subsection (1) inserts a new section 41A into the Police Reform Act 2002. Subsection (2) inserts a new Schedule 5A into the 2002 Act, which is set out at Schedule 7 to the Act. The new section 41A provides for the accreditation of weights and measures inspectors, commonly known as Trading Standards Officers (TSOs), and provides for arrangements similar to those for community safety accreditation schemes as set out in section 41 of the Police Reform Act 2002. Accredited TSOs will be able to issue penalty notices for disorderly behaviour under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001. The offences for which penalty notices for disorder may be issued are listed in Annex B.

169.     Subsection (1) of new section 41A enables chief officers of police to accredit TSOs. An accredited TSO will be able to exercise such powers as the chief officer specifies from the list of powers in new Schedule 5A to the Police Reform Act 2002.

170.     Subsection (2) of new section 41A provides that the powers given by accreditation may only be exercised in the accrediting chief officer's police area.

171.     Subsections (4) and (5) of the new section provide that chief officers may only accredit suitable and adequately trained TSOs, and that they may charge a fee for considering applications for accreditation and for the renewal of accreditation and for granting the accreditation itself. Under subsection (7), the accreditation may specify a period for which accreditation will apply.

172.     Subsection (6) of new section 41A specifies that accreditation does not enable a TSO to exercise the powers granted by accreditation other than in the course of his duty as a TSO, and that the accrediting chief officer may specify other restrictions and conditions when accrediting TSOs. As accreditation only enables TSOs to exercise the powers in the course of their duties, it follows that accreditation will cease to have effect if the accredited person ceases to be a TSO, as provided for by subsection (8).

173.     Paragraph 40 of Schedule 14 amends the Police Reform Act 2002 to provide that persons accredited under new section 41A of that Act may not be appointed as the Chairman or a member of the IPCC. This brings them into line with people accredited under community safety schemes under section 41 of the 2002 Act.

Schedule 7: Powers exercisable by accredited inspectors

174.     Schedule 7 inserts a new Schedule 5A in the Police Reform Act 2002 which sets out the powers that chief officers may confer on the TSOs they accredit under new section 41A of the 2002 Act.

175.     Paragraph 1 of Schedule 5A permits an accredited TSO, whose accreditation applies that paragraph to him, to issue fixed penalty notices in respect of offences of disorder specified in his accreditation. Paragraph 2 gives an accredited TSO, whose accreditation applies that paragraph to him, the power to require persons suspected of having committed a fixed penalty offence specified in his accreditation to provide their name and address. (Refusal to provide a name and address when required to do so by a TSO is an offence under paragraph 2(2).) Paragraph 3 confers on an accredited TSO, whose accreditation applies that paragraph to him, the power of a constable to take photographs, elsewhere than at a police station, of persons to whom he has issued penalty notices.

Section 16: Power to apply accreditation provisions

176.     This section inserts a new section 41B into the Police Reform Act 2002. The new section provides a power for the Secretary of State to apply the provisions about accredited TSOs to persons of a descriptions specified by order. An order under new section 41B is subject to the affirmative resolution procedure.

Section 17: Conditional cautions: types of cautions

177.     Section 17 amends Part 3 of the Criminal Justice Act 2003, which provides for conditional cautions. These are cautions to which specified conditions are attached. A conditional caution may only be given if a prosecutor considers that there is sufficient evidence to prosecute the offender and if the offender admits the offence and agrees to a conditional caution being imposed. A conditional caution is an alternative to prosecution for low-level offending, but if the offender breaches the conditions he is liable to be prosecuted for the original offence.

178.     The purpose of section 17 is to widen the scope of the conditions that can be attached to a conditional caution. Currently, section 22(3) of the 2003 Act provides that the conditions which can be attached to a conditional caution must have the object of facilitating the rehabilitation of the offender or ensuring the offender makes reparation for the offence. Subsection (2) substitutes an expanded section 22(3) that provides that, in addition, a conditional caution may contain conditions which have the object of punishing the offender.

179.     Subsection (3) inserts new subsections (3A), (3B) and (3C) in section 22 of the 2003 Act. New subsection (3A) provides that the conditions that may be included in a conditional caution may include the imposition of a financial penalty and/or a requirement for attendance at a specified place at a specified time (which might include completion of a specified activity). The provision for a financial condition is subject to new section 23A.

180.     New subsection (3B) provides that where a condition involves an attendance requirement, the maximum number of hours is restricted to no more than 20 hours in total. This 20 hour limit does not apply to an attendance requirement imposed for the purpose of facilitating the offender's rehabilitation. This is to permit rehabilitative conditions involving, for example, drug or alcohol treatment programmes that may take longer than 20 hours in total. By virtue of new subsection (3C) this figure of 20 hours may be amended by order (subject to the affirmative resolution procedure).

181.     Subsection (4) inserts a new section 23A into the 2003 Act. This new section makes provision in relation to a condition that the offender pay a financial penalty, called a "financial penalty condition". Subsection (1) of new section 23A specifies that a financial penalty condition may not be attached to a conditional caution given in respect of an offence unless the offence in question is one prescribed, or of a description prescribed, in an order made by the Secretary of State. Section 23A(2) requires that an order under section 23A(1) must also specify the maximum amount of the financial penalty that may be specified for each offence or description of offence. Subsection (3) of new section 23A provides that the maximum financial penalty prescribed for an offence must not exceed 25% of the maximum fine available for the offence in question on summary conviction in a Magistrates' Court (in the case of a level 5 fine (£5000) this would amount to £1250) or £250, whichever is the lower. Subsection (4) of the new section 23A provides that these limits may be amended by order (subject to the affirmative resolution procedure save where the £250 limit is being updated only to account for inflation in which case the negative procedure applies). Subsections (5), (6), (7), (8) and (9) of the new section 23A also specify the method of payment of any financial penalty condition imposed. The financial penalty condition is intended to be a requirement to pay money that is imposed for the purposes of punishing an offender. It does not alter the existing position in which an offender can be required to pay compensation to victims for the purpose of making reparation for the offence, or to pay a sum of money to a charity by way of indirect reparation to the community.