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Explanatory Notes to Police And Justice Act 2006
2006 Chapter 48 |
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© Crown Copyright 2006 Explanatory Notes to Acts of the UK Parliament are subject to Crown Copyright protection. They may be reproduced free of charge provided that they are reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of these Explanatory Notes does not extend to the Queen's Printer imprints which should be removed from any copies of the Explanatory Notes which are issued or made available to the public. This includes reproduction of the Notes on the internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this internet version of the Explanatory Notes which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text in printed form and as published by The Stationery Office Limited as the Police And Justice Act 2006, ISBN 010564806X. The print version may be purchased by clicking here. Braille copies of the Explanatory Notes can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
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These notes refer to the Police and Justice Act 2006 (c.48) which received Royal Assent on 8 November 2006 POLICE AND JUSTICE ACT 2006EXPLANATORY NOTESINTRODUCTION 1. These explanatory notes relate to the Police and Justice Act 2006 which received Royal Assent on 8 November 2006. They have been prepared by the Home Office in order to assist the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a Section or part of a Section does not seem to require any explanation or comment, none is given. 3. A glossary of abbreviations and terms used in these explanatory notes is contained in Annex A to the notes. SUMMARY Part 1 - Police Reform 4. Section 1 and Schedule 1 establish the National Policing Improvement Agency, a new body that will be formed to replace Centrex (the Central Police Training and Development Authority) and PITO (the Police Information Technology Organisation). Section 2 and Schedule 2 make amendments to the Police Act 1996 regarding the composition and functions of police authorities and other matters. Section 3 amends the Local Government Act 1972 to enable police authorities to delegate their functions in respect of only part of their area. Section 4 makes provision regarding police authorities as best value authorities. Section 5 and Schedule 3 make provision to enable police pension schemes to be merged. Section 6 and Schedule 4 provide for the Secretary of State to consult with the Association of Police Authorities (APA) and the Association of Chief Police Officers (ACPO) before exercising certain powers in relation to policing. Sections 7 to 9 standardise the powers of Community Support Officers (CSOs) and provide a new power in relation to dealing with truancy. Schedule 5 makes amendments consequential on the new standard powers of CSOs and other minor amendments in connection with the exercise of police powers by police staff. Part 2 - Powers of police etc. 5. Sections 10 to 12 and Schedule 6 amend the powers in the Police and Criminal Evidence Act 1984 on police bail and detention pending charging and confer greater powers on police officers to stop and search at aerodromes. Section 13 makes provision for the Registrar General to supply information from death registers to the police and certain other organisations. Section 14 extends powers in the Immigration, Asylum and Nationality Act 2006 to collect travel information on domestic flights and voyages. Sections 15 and 16 and Schedule 7 amend Chapter 1 of Part 4 of the Police Reform Act 2002 (exercise of police powers by civilians) so as to provide for the issuing of fixed penalty notices for disorder by accredited weights and measures inspectors (commonly known as Trading Standards Officers (TSOs)) and other specified persons. Sections 17 and 18 relate to conditional cautions. Section 17 amends the Criminal Justice Act 2003 to provide that the conditions attached to a conditional caution may be punitive and makes provision in respect of conditions in the form of financial penalties and requirements to attend at a particular time or place. Section 18 gives the police a power of arrest for breach of a conditional caution. Part 3 - Crime and anti-social behaviour 6. Sections 19 to 22 and Schedules 8 and 9 require local authorities to have a committee to scrutinise the way in which persons and bodies responsible for tackling crime and disorder discharge their functions, and amend the Crime and Disorder Act 1998. Sections 23 to 25 amend the provisions on parenting contracts and parenting orders in the Anti-social Behaviour Act 2003 to provide that local authorities and registered social landlords can enter into parenting contracts and apply for parenting orders. Sections 26 and 27 and Schedule 10 amend the Housing Act 1996 and the Local Government Act 1972 to alter the provisions relating to anti-social behaviour injunctions. Part 4 - Inspectorates 7. Part 4 (sections 28 to 33) makes provision about each of the five justice sector inspectorates (Her Majesty's Chief Inspector of Prisons, Her Majesty's Inspectors of Constabulary, Her Majesty's Chief Inspector of the Crown Prosecution Service, Her Majesty's Chief Inspector of the National Probation Service for England and Wales and Her Majesty's Inspectorate of Court Administration) in respect of the delegation of functions, inspection programmes and frameworks, inspections by other inspectors of organisations within each inspectorate's remit, cooperation, joint action and assistance for other public authorities. Part 5 - Miscellaneous 8. Section 34 makes provisions in relation to sentences of imprisonment for bail offences. Sections 35 to 38 introduce increased penalties and new offences regarding computer misuse in relation to cybercrime. Sections 39 and 40 and Schedules 11 and 12 amend the Protection of Children Act 1978 and the Protection of Children (Northern Ireland) Order 1978 to enable the forfeiture of indecent photographs of children irrespective of the power they have been seized under. Section 41 gives a new power to the Secretary of State to confer functions on the Independent Police Complaints Commission (IPCC) which would enable the Commission to investigate complaints and alleged misconduct regarding the exercise of immigration and asylum enforcement functions, in the same way as it currently investigates the police. Sections 42 and 43 and Schedule 13 make a number of amendments to extradition legislation regarding persons unlawfully at large, transfer from International Criminal Court, remand and extradition of persons serving a sentence in the United Kingdom, remands in connection with appeal proceedings, time limits and warrants, etc. Section 44 provides for the transfer of prisoners under international arrangements without their consent. Sections 45 to 48 provide for the use of live links at certain preliminary, sentencing and appeal hearings. Part 6 - Supplemental 9. Part 6 deals with the making of orders and regulations under the Act, contains consequential amendments and repeals of existing legislation, and provides for the commencement of the Act. BACKGROUND 10. The Government published the White Paper "Building Communities, Beating Crime: a better police service for the 21st century" (CM 6360) in November 2004. The White Paper set out the Government's strategy for strengthening the ability of the police and their partners to prevent, deter, detect and reduce crime. The paper set out three broad objectives to achieve this, namely: to spread neighbourhood policing to every community with improved police responsiveness and customer service; further modernisation of the police workforce to ensure that the service is fully equipped and able to deliver these changes; and greater involvement of communities and citizens in determining how their communities are policed. Part 1 of the Act gives effect to those provisions in the White Paper that require primary legislation. 11. Chapter 4 of the White Paper set out the Government's proposals for strengthening the effectiveness of CSOs, including proposals for developing a minimum set of powers for all CSOs irrespective of which force employs them. In August 2005 the Home Office published its consultation paper 'Standard Powers for Community Support Officers and a Framework for the Future Development of Powers'. A summary of the responses to this consultation together with the Government's response was published in January 2006 (available at http://www.homeoffice.gov.uk/documents/cons-cso-powers-310805/). Section 7 makes provision for standard powers for CSOs. 12. The Government launched its anti-social behaviour strategy - the TOGETHER campaign - in 2003. Following the establishment of the Respect Task Force in September 2005, the Prime Minister published the Respect Action Plan (available at http://www.homeoffice.gov.uk/documents/respect-action-plan) in January 2006. The Respect Action Plan set out the key elements of the Government strategy. Sections 19 to 27 give effect to a number of proposals in support of two limbs of the Action Plan, namely:
TERRITORIAL EXTENT 13. Most of the Act's provisions extend only to England and Wales. However certain provisions extend also to Scotland; and certain provisions also to Northern Ireland. Provisions of the Act that amend existing legislation have the same extent as the legislation amended. This means that certain provisions extend only to Scotland or Northern Ireland in so far as they amend or repeal existing statutory provisions extending only to Scotland or Northern Ireland. The Act addresses both reserved and devolved matters. 14. The following provisions of the Act extend also to Scotland:
15. The following provisions of the Act extend also to Northern Ireland:
16. Section 40 and Schedule 12 (forfeiture of indecent photographs of children) extend only to Northern Ireland, as do consequential amendments to existing statutory provisions relating only to Northern Ireland, and repeals of such provisions. 17. In relation to Wales, the subject-matter of the Act has not been transferred except for:
THE ACT COMMENTARY ON SECTIONS Part 1: Police Reform Section 1 and Schedule 1: the National Policing Improvement Agency 18. Subsection (1) of section 1 establishes the National Policing Improvement Agency (the Agency) as a body corporate. The Agency will be an executive Non-Departmental Public Body . 19. Subsection (2) abolishes Centrex and PITO. 20. Subsection (3) introduces Schedule 1, which makes further provision about the Agency and sets out details of its constitution, objects and powers. Paragraph 1: The Agency's Objects 21. The Agency's objects are: to identify, develop and promulgate good policy practice (this would be issued in the form of either non-statutory guidance by the Agency, or Codes of Practice made under section 39 of the Police Act 1996, or as regulations made under section 53A of the 1996 Act); to provide expert operational advice and assistance to "listed police forces" (as defined by paragraph 3 - essentially police forces in England and Wales and other law enforcement agencies operating throughout the United Kingdom); to identify and assess opportunities for and threats to police forces in England and Wales (this might include opportunities presented by new detection methods and threats posed by new crime patterns); share policing issues with international partners; and to provide support to "listed police forces" in connection with the provision of IT, procurement and training services (such services might be provided directly by the Agency or by other providers under contract to the Agency). Paragraph 2: The Agency's principal power 22. This paragraph enables the Agency to achieve the objects set out in paragraph 1 by giving it the power to do anything it considers appropriate to attain those objects. Sub-paragraph (2)(a) makes it clear that the Agency may support police forces by carrying on activities itself (e.g. operating the Police National Computer following the abolition of PITO, providing training or undertaking procurement work) as well as by assisting police forces in their carrying-on of activities. Sub-paragraphs (2)(b) and (3) enable the Agency to accept gifts or loans, where it decides to do so in connection with the discharge of its objects. Sub-paragraph (4) precludes the Agency from borrowing money or other property without the consent of the Secretary of State. 23. Sub-paragraph (5) requires the Agency to obtain agreement from a Scottish, Northern Ireland or off-shore policing body (collectively termed "restrictedly listed police forces"), or the body's chief officer or the authority that maintains the body, before providing advice, assistance or support to or for the body. Paragraph 3: Meaning of "listed police force" and "restrictedly listed police force" in paragraphs 1 and 2 24. This paragraph defines the terms "listed police force" and "restrictedly listed police force" used in paragraphs 1 and 2. In effect it sets out the Agency's client list. Sub-paragraph (4) enables the Secretary of State to add to the client list by order (subject to the negative resolution procedure). Paragraph 4: Consultation - exercise of the powers in relation to Scotland and Northern Ireland 25. This paragraph provides for the Agency to consult the Scottish Police Services Authority and persons representing the interests of chief constables in Scotland in so far as the Agency's activities would or might relate to Scottish police forces. The Agency must also consult the Secretary of State for Northern Ireland so far as the Agency's activities would or might relate to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve. Paragraph 5: Annual Plans 26. This paragraph requires the Agency to produce an annual plan before the beginning of each financial year published as the Agency sees fit. The plan must include:
27. Any priorities set by the Agency must be consistent with the strategic priorities determined by the Secretary of State under paragraph 6. 28. Sub-paragraph (6) places a duty on the Agency to send a copy of the plan to specified persons and to such other persons as it thinks fit. 29. Before issuing the plan the Agency must consult the Secretary of State, the APA and ACPO and such other persons as it thinks fit. Paragraph 6: Strategic Priorities 30. This paragraph gives the Secretary of State a power to determine strategic priorities for the Agency. These strategic priorities are to be determined following consultation with the Agency, the APA and ACPO. The Scottish Ministers are to be consulted where activities of the Agency would or might relate to policing in Scotland. Paragraph 7: Chairman and other members 31. This paragraph determines the membership of the Agency. It is to consist of a chairman, chief executive, and ordinary members to be appointed by the Secretary of State. The Secretary of State may determine the number of ordinary members. Before appointing the chairman, the Secretary of State must consult with the APA and the ACPO. At least one representative of each of these groups will also be appointed as a member of the board, as well as least one member of the Civil Service. The maximum term of appointment for the chairman and ordinary members is to be 5 years. Paragraphs 8 to 10: Tenure 32. A member of the Agency may resign at any time by giving written notice to the Secretary of State and will hold and vacate the office in accordance with the terms of their appointment. Paragraph 10 allows the Secretary of State to remove a member from office if they have been absent from meetings of the Agency without the Agency's permission for a period in excess of 4 months, or if the member fails to comply with the terms of their appointment, or is unable or unfit to carry out their duties. Conviction for any offence in England and Wales or elsewhere, or bankruptcy, may also lead to removal. Paragraph 11: Re-appointment 33. A person may be re-appointed as a member or chairman of the Agency. Paragraph 12: Remuneration, pensions etc of appointed members 34. The Secretary of State may determine the remuneration, allowances, pension and, where necessary, compensation payable by the Agency to the chairman and ordinary members. Paragraphs 13 to 16: Staff 35. The Home Secretary will appoint the Agency's chief executive after consultation with the chairman of the Agency. The consultation requirement does not apply to the appointment of the first chief executive. 36. Paragraph 15 amends the Superannuation Act 1972 to allow staff of the Agency to be members of the Civil Service pension scheme. The Agency must pay the Minister for the Civil Service such sums as the Minister determines in respect of such pensions. 37. Paragraph 16 allows the Minister for the Civil Service to permit a former member of staff of the Agency to continue to participate in the Civil Service pension scheme if, on ceasing to be a member of the Agency's staff, the person is appointed as a member of the Agency. Paragraph 17: Status of staff members as constables 38. Sub-paragraphs (1) and (2) of paragraph 17 together ensure that where a serving constable is appointed as a member of staff of the Agency (having been seconded from a police force) they will retain the office of constable for the duration of their employment with the Agency. Section 97(8) of the Police Act 1996 also produces the same effect for seconded constables as a result of the amendments made by paragraph 72. 39. Sub-paragraph (3) provides that where a person holds the office of constable immediately prior to his or her appointment as chief executive, he or she will hold the rank of Chief Constable. 40. Sub-paragraph (4) ensures that members of the Agency holding the office of constable fall under the direction and control of the chief executive of the Agency regardless of whether or not the chief executive is a constable. Paragraph 18: Constables employed by the agency: conditions of service 41. This paragraph relates to the conditions of service of constables employed by the Agency. Under this paragraph any document issued by the Secretary of State in relation to the rules or principles of employed constables must be complied with by the Agency. 42. Sub-paragraph (2) sets out the areas in which the rules or principles may, in particular, apply. This includes matters such as the adoption of ranges of pay and allowances. 43. By virtue of sub-paragraph (3) the term "employed constable" means a person who is both a constable and an employee of the Agency. Paragraph 19: Regulations for constables employed by the Agency 44. This paragraph confers on the Secretary of State a power to make provision, by regulations, about the government, administration and conditions of service of constables employed by the Agency or seconded to it. 45. Sub-paragraph (2) sets out the areas in which the Secretary of State may in particular make provisions through regulations. 46. Sub-paragraph (3) provides that regulations relating to matters of conduct or discipline may also authorise or require provision to be made by, or confer discretionary power on, the Agency, the Agency's chief executive or other persons, and may also authorise or require the delegation of functions conferred by or under the regulations. 47. Sub-paragraph (4) makes clear that any regulations affecting constables' pay and allowances can take effect retrospectively on a date specified within the regulations. Retrospective effect will not be possible, however, if there is a reduction in the pay and allowances specified in the regulations. Paragraph 20: Liability for acts of police members of staff 48. This paragraph establishes the Agency's liability in respect of any unlawful conduct by constables seconded to the Agency. 49. Sub-paragraph (2) provides that the Agency will be a joint tortfeasor where such unlawful conduct by a seconded person is a tort (i.e. the Agency will be liable as if it had jointly with the seconded constable carried out the unlawful conduct). 50. Sub-paragraph (3) defines seconded constable for the purposes of paragraph 20. Paragraph 21: Payment of amounts in connection with unlawful conduct of any staff 51. This paragraph confers on the Agency a power to make discretionary payments in respect of damages and costs arising out of unlawful conduct by a member of the Agency's staff. Paragraph 22: Committees and sub-committees 52. This paragraph allows the Agency to delegate any of its functions to a committee or sub-committee of the Agency. A committee or sub-committee can include persons who are not members of the Agency; the Agency may determine and pay such remuneration and allowances as are appropriate to such persons in this category. The paragraph also makes it clear that functions may be delegated to members of staff. Paragraphs 23 and 24: Procedure 53. Paragraph 23 allows the Agency to determine its own procedures including numbers needed for a quorum (although meetings of the Agency's committees and sub-committees must include at least one person who is a member of the Agency or its staff.) Paragraph 24 provides that decisions taken by the Agency are not invalidated simply because there are vacancies in the membership of the Agency or because members have been defectively appointed. Paragraphs 25 and 26: Application of seal and proof of documents 54. These paragraphs create a presumption that any document signed on behalf of the Agency is valid and will be received in evidence. Paragraph 27: Status 55. This paragraph specifies that the Agency is not a Crown body. Paragraph 28: Annual reports 56. This paragraph requires the Agency to publish an annual report at the end of each financial year. The report must include an assessment of the extent to which the Agency has carried out the annual plan for that year. 57. Sub-paragraph (4) places a duty on the Agency to ensure that a copy of the report is sent to specified persons. It is open to the Agency also to send copies to such other persons as it thinks fit. The Secretary of State must lay a copy of the report before Parliament. | |
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