Crime and Security Act 2010

Contents

Final

57Financial provisions#

The following are to be paid out of money provided by Parliament—

(a)expenditure incurred by the Secretary of State by virtue of this Act;

(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.

58Extent#

(1)Section 1 (police powers: stop and search) extends to England and Wales only.

(2)Sections 2 to 7 (taking of fingerprints and samples: England and Wales) extend to England and Wales only, except that section 5(2) extends also to Northern Ireland.

(3)Sections 8 to 13 (taking of fingerprints and samples: Northern Ireland) extend to Northern Ireland only, except that section 11(2) extends also to England and Wales.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Section 15 (material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989) extends to Northern Ireland only.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Sections 20 to 23 (further provision relating to the retention, destruction and use of fingerprints and samples etc) extend to England and Wales, Scotland and Northern Ireland.

(10)Sections 24 to 41 (domestic violence, gang-related violence and anti-social behaviour orders) extend to England and Wales only.

(11)Sections 42 to 44 (private security industry) extend to England and Wales, Scotland and Northern Ireland.

(12)Section 45 (prison security) extends to England and Wales only.

(13)Section 46 (air weapons) extends to England and Wales and Scotland only.

(14)Sections 47 to 54 (compensation of victims of overseas terrorism) extend to England and Wales, Scotland and Northern Ireland.

(15)Section 55 (sale and supply of alcohol) extends to England and Wales only.

(16). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(17)Sections 57 to 60 (final) extend to England and Wales, Scotland and Northern Ireland.

59Commencement#

(1)The provisions of this Act come into force on such day as the Secretary of State may by order appoint, subject to subsections (2) to (3B).

(2)The following provisions come into force on the day on which this Act is passed—

(a)section 33 (pilot schemes relating to domestic violence provisions);

(b)sections 47 to 54 (compensation of victims of overseas terrorism);

(c)sections 57 to 60 (final).

(3)Sections 42 and 43 (private security industry) come into force, so far as extending to Scotland, on such day as the Scottish Ministers may by order appoint after consulting the Secretary of State.

(3A)Sections 42 to 44 (private security industry) come into force, so far as extending to Northern Ireland, on such day as the Department of Justice in Northern Ireland may by order appoint after consulting the Secretary of State.

(3B)The following provisions come into force on such day as the Department of Justice in Northern Ireland may by order appoint—

(a)section 8 (except Article 61(6ZD) inserted by subsection (3) and Article 63(3BD)(c) inserted by subsection (7));

(b)sections 9 to 11(1);

(c)section 12;

(d)section 13 (except paragraph (2)(l), (n) and (r) of the inserted Article 53A).

(4)An order made by the Secretary of State under subsection (1) may—

(a)appoint different days for different purposes;

(b)make transitional provision and savings;

(c)appoint different days in relation to different areas in respect of any of the following—

(i)section 1 (records of searches);

(ii)sections 24 to 32 (domestic violence);

(iii)sections 34 to 39 (gang-related violence).

(5)An order made by the Scottish Ministers under subsection (3) may—

(a)appoint different days for different purposes;

(b)make transitional provision and savings.

(5A)An order made by the Department of Justice in Northern Ireland under subsection (3A) or (3B) may—

(a)appoint different days for different purposes; and

(b)make transitional provision and savings.

(6)Subject to subsection (7), an order under this section is to be made by statutory instrument.

(7)An order under subsection (3A) or (3B) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

60Short title#

This Act may be cited as the Crime and Security Act 2010.

Air weapons

46Offence of allowing minors access to air weapons#

(1)The Firearms Act 1968 is amended as follows.

(2)After section 24 there is inserted—“24ZA 1 It is an offence for a person in possession of an air weapon to fail to take reasonable precautions to prevent any person under the age of eighteen from having the weapon with him.2 Subsection (1) does not apply where by virtue of section 23 of this Act the person under the age of eighteen is not prohibited from having the weapon with him.3 In proceedings for an offence under subsection (1) it is a defence to show that the person charged with the offence—a believed the other person to be aged eighteen or over; andb had reasonable ground for that belief.4 For the purposes of this section a person shall be taken to have shown the matters specified in subsection (3) if—a sufficient evidence of those matters is adduced to raise an issue with respect to them; andb the contrary is not proved beyond a reasonable doubt.”

(3)In section 57 (interpretation), in subsection (3) (offences relating to air weapons), for “and 24(4)” there is substituted “ , 24(4) and 24ZA(1) ”.

(4)In the table in Part 1 of Schedule 6 (prosecution and punishment of offences), after the entry for section 24(4), there is inserted—“”

(5)In Part 2 of Schedule 6 (supplementary provisions as to trial and punishment of offences), in paragraphs 7 and 8 (forfeiture and disposal of firearms), for “or 24(4)” there is substituted “ , 24(4) or 24ZA(1) ”.

Compensation of victims of overseas terrorism

47Introductory#

(1)The Secretary of State may make arrangements for making payments to, or in respect of, persons who are injured as a result of an act designated under subsection (2).

(2)The Secretary of State may designate an act under this subsection if—

(a)it took place outside the United Kingdom,

(b)it took place on or after 18 January 2010,

(c)in the view of the Secretary of State the act constitutes terrorism within the meaning of the Terrorism Act 2000 (see section 1 of that Act), and

(d)having regard to all the circumstances, the Secretary of State considers that it would be appropriate to designate it.

(3)Nothing in this section affects any power of the Secretary of State to make payments to, or in respect of, persons who are injured as a result of terrorism outside the United Kingdom.

(4)In sections 47 to 54, “injury” includes fatal injury (and “injured” is to be construed accordingly).

48Compensation scheme#

(1)Arrangements under section 47 may include the making of a scheme providing, in particular, for—

(a)the circumstances in which payments may be made, and

(b)the categories of person to whom payments may be made.

(2)The scheme is to be known as the Victims of Overseas Terrorism Compensation Scheme (“the Scheme”).

(3)Sums required for payments to be made in accordance with the Scheme are to be provided by the Secretary of State.

(4)Schedule 2 (which makes consequential amendments relating to the Scheme) is part of this section.

49Eligibility and applications#

(1)The Scheme may make provision about a person's eligibility for a payment under it by reference to any or all of the following factors—

(a)the nationality of the person (or the injured person);

(b)the place of residence of the person (or the injured person);

(c)the length of time the person (or the injured person) has resided there;

(d)any other factors that the Secretary of State considers appropriate.

(2)The Scheme may provide that applications for payments under it may only be made—

(a)by eligible persons;

(b)within a period specified in the Scheme (and the Scheme may specify different periods for different descriptions of act);

(c)in a manner or form specified in the Scheme.

50Payments#

(1)The Scheme may make provision determining the amount of payments to be made under it to, or in respect of, persons injured as a result of an act designated under section 47(2) by reference to any or all of the following factors—

(a)the nature of the injury;

(b)loss of earnings resulting from the injury;

(c)expenses that have been or will be incurred as a result of the injury;

(d)any other factors that the Secretary of State considers appropriate.

(2)The Scheme may make provision—

(a)as to the circumstances in which a payment may be withheld or the amount of a payment reduced;

(b)for payments to be repayable in circumstances specified in the Scheme;

(c)for payments to be made subject to conditions;

(d)for payments not to exceed such maximum amounts as may be specified in the Scheme.

(3)Any amount which falls to be repaid by virtue of subsection (2)(b) is recoverable as a debt due to the Crown.

(4)Any sums received by the Secretary of State under any provision of the Scheme made by virtue of subsection (2)(b) are to be paid by the Secretary of State into the Consolidated Fund.

(5)Any assignment (or, in Scotland, assignation) of, or charge on, a payment made under the Scheme, and any agreement to assign or charge such a payment, is void.

(6)On the bankruptcy of an individual to whom a payment is made under the Scheme (or in Scotland, on the sequestration of such an individual's estate), the payment shall not pass to any trustee or other person acting on behalf of the individual's creditors.

51Claims officers etc#

(1)The Scheme may include provision for applications to be determined and payments to be made by persons (“claims officers”) appointed for the purpose by the Secretary of State.

(2)A claims officer—

(a)is to be appointed on such terms and conditions as the Secretary of State considers appropriate;

(b)is not to be regarded as having been appointed to exercise functions of the Secretary of State or to act on behalf of the Secretary of State.

(3)No decision taken by a claims officer shall be regarded as having been taken by, or on behalf of, the Secretary of State.

(4)The Secretary of State may pay such remuneration, allowances or gratuities to or in respect of claims officers and other persons exercising functions in relation to the Scheme as the Secretary of State considers appropriate.

52Reviews and appeals#

(1)The Scheme must include provision for the review, in such circumstances as it may specify, of any decision taken in respect of an application made under it.

(2)The Scheme must secure that such a review is conducted by a person other than the person who made the decision under review.

(3)The Scheme must include provision for rights of appeal to the First-tier Tribunal against decisions taken on reviews under provisions of the Scheme made by virtue of subsection (1).

(4)The power conferred by section 50(2)(a) to provide for the reduction of an amount of a payment includes power to provide for a reduction where, in the opinion of the First-tier Tribunal determining an appeal, the appeal is frivolous or vexatious.

53Reports, accounts and financial records#

(1)The Scheme must include provision for such person as the Secretary of State considers appropriate to make a report to the Secretary of State as soon as possible after the end of each financial year on the operation of the Scheme during that year.

(2)The Secretary of State must lay a copy of every such report before Parliament.

(3)The Scheme must also include provision—

(a)for such person as the Secretary of State considers appropriate—

(i)to keep proper accounts and proper records in relation to the accounts;

(ii)to prepare a statement of accounts in each financial year in such form as the Secretary of State may direct;

(b)requiring such a statement of accounts to be submitted to the Secretary of State at such time as the Secretary of State may direct.

(4)Where a statement of accounts is submitted to the Secretary of State, the Secretary of State must send a copy of it to the Comptroller and Auditor General as soon as is reasonably practicable.

(5)The Comptroller and Auditor General must—

(a)examine, certify and report on any statement of accounts received under subsection (4);

(b)lay copies of the statement and of the report made under paragraph (a) before Parliament.

(6)In this section “financial year” means the period beginning with the day on which this section comes into force and ending with the following 31st March and each successive period of 12 months.

54Parliamentary control#

(1)Before making the Scheme, the Secretary of State must lay a draft of it before Parliament.

(2)The Secretary of State must not make the Scheme unless the draft has been approved by a resolution of each House of Parliament.

(3)Before making any alteration to a provision of the Scheme made by virtue of—

(a)section 49(1) (eligibility for payments under the scheme),

(b)section 50(1) (determination of amount of payment),

(c)section 50(2)(a) (circumstances in which payment may be withheld or reduced),

(d)section 50(2)(d) (payments not to exceed specified maximum amount), or

(e)section 52 (reviews and appeals),

the Secretary of State must lay before Parliament a draft of the provision as proposed to be altered.

(4)The Secretary of State must not give effect to the proposal concerned unless the draft has been approved by a resolution of each House of Parliament.

(5)Before making any other alteration to the Scheme the Secretary of State must lay a statement of the altered provision before Parliament.

(6)If a statement laid before either House of Parliament under subsection (5) is disapproved by a resolution of that House passed before the end of the period of 40 days beginning with the date on which the statement was laid, the Secretary of State must—

(a)make such alterations in the Scheme as appear to the Secretary of State to be required in the circumstances, and

(b)before the end of the period of 40 days beginning with the date on which the resolution was made, lay a statement of those alterations before Parliament.

(7)In calculating the period of 40 days mentioned in subsection (6), any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days is to be disregarded.

Domestic violence

24Power to issue a domestic violence protection notice#

(1)A member of a police force not below the rank of superintendent (“the authorising officer”) may issue a domestic violence protection notice (“a DVPN”) under this section.

(2)A DVPN may be issued to a person (“P”) aged 18 years or over if the authorising officer has reasonable grounds for believing that—

(a)P has been violent towards, or has threatened violence towards, an associated person, and

(b)the issue of the DVPN is necessary to protect that person from violence or a threat of violence by P.

(3)Before issuing a DVPN, the authorising officer must, in particular, consider—

(a)the welfare of any person under the age of 18 whose interests the officer considers relevant to the issuing of the DVPN (whether or not that person is an associated person),

(b)the opinion of the person for whose protection the DVPN would be issued as to the issuing of the DVPN,

(c)any representations made by P as to the issuing of the DVPN, and

(d)in the case of provision included by virtue of subsection (8), the opinion of any other associated person who lives in the premises to which the provision would relate.

(4)The authorising officer must take reasonable steps to discover the opinions mentioned in subsection (3).

(5)But the authorising officer may issue a DVPN in circumstances where the person for whose protection it is issued does not consent to the issuing of the DVPN.

(6)A DVPN must contain provision to prohibit P from molesting the person for whose protection it is issued.

(7)Provision required to be included by virtue of subsection (6) may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.

(8)If P lives in premises which are also lived in by a person for whose protection the DVPN is issued, the DVPN may also contain provision—

(a)to prohibit P from evicting or excluding from the premises the person for whose protection the DVPN is issued,

(b)to prohibit P from entering the premises,

(c)to require P to leave the premises, or

(d)to prohibit P from coming within such distance of the premises as may be specified in the DVPN.

(9)An “associated person” means a person who is associated with P within the meaning of section 62 of the Family Law Act 1996.

(10)Subsection (11) applies where a DVPN includes provision in relation to premises by virtue of subsection (8)(b) or (8)(c) and the authorising officer believes that—

(a)P is a person subject to service law in accordance with sections 367 to 369 of the Armed Forces Act 2006, and

(b)the premises fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of that Act.

(11)The authorising officer must make reasonable efforts to inform P's commanding officer (within the meaning of section 360 of the Armed Forces Act 2006) of the issuing of the notice.

25Contents and service of a domestic violence protection notice#

(1)A DVPN must state—

(a)the grounds on which it has been issued,

(b)that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the DVPN,

(c)that an application for a domestic violence protection order under section 27 will be heard within 48 hours of the time of service of the DVPN and a notice of the hearing will be given to P,

(d)that the DVPN continues in effect until that application has been determined, and

(e)the provision that a magistrates' court may include in a domestic violence protection order.

(2)A DVPN must be in writing and must be served on P personally by a constable.

(3)On serving P with a DVPN, the constable must ask P for an address for the purposes of being given the notice of the hearing of the application for the domestic violence protection order.

26Breach of a domestic violence protection notice#

(1)A person arrested by virtue of section 25(1)(b) for a breach of a DVPN must be held in custody and brought before the magistrates' court which will hear the application for the DVPO under section 27—

(a)before the end of the period of 24 hours beginning with the time of the arrest, or

(b)if earlier, at the hearing of that application.

(2)If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.

(3)If the court adjourns the hearing of the application by virtue of section 27(8), the court may remand the person.

(4)In calculating when the period of 24 hours mentioned in subsection (1)(a) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

27Application for a domestic violence protection order#

(1)If a DVPN has been issued, a constable must apply for a domestic violence protection order (“a DVPO”).

(2)The application must be made by complaint to a magistrates' court.

(3)The application must be heard by the magistrates' court not later than 48 hours after the DVPN was served pursuant to section 25(2).

(4)In calculating when the period of 48 hours mentioned in subsection (3) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

(5)A notice of the hearing of the application must be given to P.

(6)The notice is deemed given if it has been left at the address given by P under section 25(3).

(7)But if the notice has not been given because no address was given by P under section 25(3), the court may hear the application for the DVPO if the court is satisfied that the constable applying for the DVPO has made reasonable efforts to give P the notice.

(8)The magistrates' court may adjourn the hearing of the application.

(9)If the court adjourns the hearing, the DVPN continues in effect until the application has been determined.

(10)On the hearing of an application for a DVPO, section 97 of the Magistrates' Courts Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the DVPO would be made, except where the person has given oral or written evidence at the hearing.

28Conditions for and contents of a domestic violence protection order#

(1)The court may make a DVPO if two conditions are met.

(2)The first condition is that the court is satisfied on the balance of probabilities that P has been violent towards, or has threatened violence towards, an associated person.

(3)The second condition is that the court thinks that making the DVPO is necessary to protect that person from violence or a threat of violence by P.

(4)Before making a DVPO, the court must, in particular, consider—

(a)the welfare of any person under the age of 18 whose interests the court considers relevant to the making of the DVPO (whether or not that person is an associated person), and

(b)any opinion of which the court is made aware—

(i)of the person for whose protection the DVPO would be made, and

(ii)in the case of provision included by virtue of subsection (8), of any other associated person who lives in the premises to which the provision would relate.

(5)But the court may make a DVPO in circumstances where the person for whose protection it is made does not consent to the making of the DVPO.

(6)A DVPO must contain provision to prohibit P from molesting the person for whose protection it is made.

(7)Provision required to be included by virtue of subsection (6) may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.

(8)If P lives in premises which are also lived in by a person for whose protection the DVPO is made, the DVPO may also contain provision—

(a)to prohibit P from evicting or excluding from the premises the person for whose protection the DVPO is made,

(b)to prohibit P from entering the premises,

(c)to require P to leave the premises, or

(d)to prohibit P from coming within such distance of the premises as may be specified in the DVPO.

(9)A DVPO must state that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the DVPO.

(10)A DVPO may be in force for—

(a)no fewer than 14 days beginning with the day on which it is made, and

(b)no more than 28 days beginning with that day.

(11)A DVPO must state the period for which it is to be in force.

29Breach of a domestic violence protection order#

(1)A person arrested by virtue of section 28(9) for a breach of a DVPO must be held in custody and brought before a magistrates' court within the period of 24 hours beginning with the time of the arrest.

(2)If the matter is not disposed of when the person is brought before the court, the court may remand the person.

(3)In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

30Further provision about remand#

(1)This section applies for the purposes of the remand of a person by a magistrates' court under section 26(2) or (3) or 29(2).

(2)In the application of section 128(6) of the Magistrates' Courts Act 1980 for those purposes, the reference to the “other party” is to be read—

(a)in the case of a remand prior to the hearing of an application for a DVPO, as a reference to the authorising officer,

(b)in any other case, as a reference to the constable who applied for the DVPO.

(3)If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

(4)If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.

(5)If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.

(6)If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).

(7)The court may, when remanding the person on bail, require the person to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

31Guidance#

(1)The Secretary of State may from time to time issue guidance relating to the exercise by a constable of functions under sections 24 to 30.

(2)A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.

(3)Before issuing guidance under this section, the Secretary of State must consult—

(a)the National Police Chiefs’ Council, and

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)such other persons as the Secretary of State thinks fit.

33Pilot schemes#

(1)The Secretary of State may by order made by statutory instrument provide for any provision of sections 24 to 32 to come into force for a period of time to be specified in or under the order for the purpose of assessing the effectiveness of the provision.

(2)Such an order may make different provision for different areas.

(3)More than one order may be made under this section.

(4)Provision included in an order under this section does not affect the provision that may be included in relation to sections 24 to 32 in an order under section 59 (commencement).

Gang-related violence

34Grant of injunction: minimum age#

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

35Review on respondent to injunction becoming 18#

(1)The Policing and Crime Act 2009 is amended as follows.

(2)In section 36 (contents of injunctions: supplemental), after subsection (4) there is inserted—“4A Where—a the respondent is under the age of 18 on the injunction date, andb any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday,the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.”

(3)In section 42 (variation or discharge of injunctions), after subsection (4) there is inserted—“4A Section 36(4A) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of four weeks ending with the respondent's 18th birthday.”

36Consultation of youth offending team#

(1)In the Policing and Crime Act 2009, section 38 (consultation by applicants for injunctions) is amended as follows.

(2)In subsection (2), after paragraph (a) there is inserted—“aa where the respondent is under the age of 18 (and will be under that age when the application is made), the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the applicant that the respondent resides, and”

(3)After that subsection there is inserted—“3 If it appears to the applicant that the respondent resides in the area of two or more youth offending teams, the obligation in subsection (2)(aa) is to consult such of those teams as the applicant thinks appropriate.”

37Application for variation or discharge of injunction#

In the Policing and Crime Act 2009, in section 42 (variation or discharge of injunctions), at the end there is inserted—“6 If an application to vary or discharge an injunction under this Part is dismissed, no further application to vary or discharge it may be made by any person without the consent of the court.”

38Powers of court to remand#

In the Policing and Crime Act 2009, in Schedule 5 (injunctions: powers to remand), in paragraph 2(1)(a) (power to remand in custody), at the beginning there is inserted “ in the case of a person aged 18 or over ”.

39Powers of court on breach of injunction by respondent under 18#

(1)The Policing and Crime Act 2009 is amended as follows.

(2)After section 46 (and after the heading “miscellaneous”) there is inserted—“46A Schedule 5A (which makes provision about the powers of the court in relation to breach of an injunction by a respondent aged under 18) has effect.”

(3)After Schedule 5 there is inserted—“1 1 Where—a an injunction under Part 4 is granted against a person under the age of 18, andb on an application made by the injunction applicant, the court is satisfied beyond reasonable doubt that the person is in breach of any provision of the injunction,the court may make one of the orders specified in sub-paragraph (2) in respect of the person.2 Those orders are—a a supervision order (see Part 2 of this Schedule);b a detention order (see Part 3 of this Schedule).3 The powers conferred by this paragraph are in addition to any other power of the court in relation to the breach of the injunction.4 Before making an application under paragraph 1(1)(b) the injunction applicant must consult—a the youth offending team consulted under section 38(1) or 39(5) in relation to the injunction, andb any other person previously so consulted.5 In considering whether and how to exercise its powers under this paragraph, the court must consider a report made to assist the court in that respect by the youth offending team referred to in sub-paragraph (4)(a).6 An order under sub-paragraph (1) may not be made in respect of a person aged 18 or over.7 The court may not make a detention order under sub-paragraph (1) unless it is satisfied, in view of the severity or extent of the breach, that no other power available to the court is appropriate.8 Where the court makes a detention order under sub-paragraph (1) it must state in open court why it is satisfied as specified in sub-paragraph (7).9 In this Schedule—• “defaulter”, in relation to an order under this Schedule, means the person in respect of whom the order is made;• “injunction applicant”, in relation to an injunction under Part 4 or an order under this Schedule made in respect of such an injunction, means the person who applied for the injunction;• “appropriate court”, in relation to an order under this Schedule, means—(a) where the order is made by the High Court, the High Court;(b) where the order is made by a county court, a county court.2 1 A supervision order is an order imposing on the defaulter one or more of the following requirements—a a supervision requirement;b an activity requirement;c a curfew requirement.2 Before making a supervision order the court must obtain and consider information about the defaulter's family circumstances and the likely effect of such an order on those circumstances.3 Before making a supervision order imposing two or more requirements, the court must consider their mutual compatibility.4 The court must ensure, as far as practicable, that any requirement imposed by a supervision order is such as to avoid—a any conflict with the defaulter's religious beliefs,b any interference with the times, if any, at which the defaulter normally works or attends school or any other educational establishment, andc any conflict with the requirements of any other court order or injunction to which the defaulter may be subject.5 A supervision order must for the purposes of this Schedule specify a maximum period for the operation of any requirement contained in the order.6 The period specified under sub-paragraph (5) may not exceed six months beginning with the day after that on which the supervision order is made.7 A supervision order must for the purposes of this Schedule specify a youth offending team established under section 39 of the Crime and Disorder Act 1998.8 The youth offending team specified under sub-paragraph (7) is to be—a the youth offending team in whose area it appears to the court that the respondent will reside during the period specified under sub-paragraph (5), orb where it appears to the court that the respondent will reside in the area of two or more such teams, such one of those teams as the court may determine.3 1 In this Schedule, “supervision requirement”, in relation to a supervision order, means a requirement that the defaulter attend appointments with—a the responsible officer, orb another person determined by the responsible officer,at such times and places as may be instructed by the responsible officer.2 The appointments must be within the period for the time being specified in the order under paragraph 2(5).4 1 In this Schedule, “activity requirement”, in relation to a supervision order, means a requirement that the defaulter do any or all of the following within the period for the time being specified in the order under paragraph 2(5)—a participate, on such number of days as may be specified in the order, in activities at a place, or places, so specified;b participate in an activity or activities specified in the order on such number of days as may be so specified;c participate in one or more residential exercises for a continuous period or periods comprising such number or numbers of days as may be specified in the order;d in accordance with sub-paragraphs (6) to (9), engage in activities in accordance with instructions of the responsible officer on such number of days as may be specified in the order.2 The number of days specified in a supervision order in relation to an activity requirement must not, in aggregate, be less than 12 or more than 24.3 A requirement referred to in sub-paragraph (1)(a) or (b) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement—a in the case of a requirement referred to in sub-paragraph (1)(a), to present himself or herself at a place specified in the order to a person of a description so specified, orb in the case of a requirement referred to in sub-paragraph (1)(b), to participate in an activity specified in the order,and, on each such day, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).4 Where the order includes a requirement referred to in sub-paragraph (1)(c) to participate in a residential exercise, it must specify, in relation to the residential exercise—a a place, orb an activity.5 A requirement under sub-paragraph (1)(c) to participate in a residential exercise operates to require the defaulter, in accordance with instructions given by the responsible officer—a if a place is specified under sub-paragraph (4)(a)—i to present himself or herself at the beginning of the period specified in the order in relation to the exercise, at the place so specified to a person of a description specified in the instructions, andii to reside there for that period;b if an activity is specified under sub-paragraph (4)(b), to participate, for the period specified in the order in relation to the exercise, in the activity so specified,and, during that period, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be).6 Subject to sub-paragraph (8), instructions under sub-paragraph (1)(d) relating to any day must require the defaulter to do either of the following—a present himself or herself to a person of a description specified in the instructions at a place so specified;b participate in an activity specified in the instructions.7 Any such instructions operate to require the defaulter, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or, as the case may be, the activity.8 If the supervision order so provides, instructions under sub-paragraph (1)(d) may require the defaulter to participate in a residential exercise for a period comprising not more than seven days, and, for that purpose—a to present himself or herself at the beginning of that period to a person of a description specified in the instructions at a place so specified and to reside there for that period, orb to participate for that period in an activity specified in the instructions.9 Instructions such as are mentioned in sub-paragraph (8)—a may not be given except with the consent of a parent or guardian of the defaulter, andb operate to require the defaulter, during the period specified under that sub-paragraph, to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified under paragraph (a) or (b) of that sub-paragraph.10 Instructions given by, or under the authority of, a person in charge of a place under sub-paragraph (3), (5), (7) or (9)(b) may require the defaulter to engage in activities otherwise than at that place.11 Where a supervision order contains an activity requirement, the appropriate court may on the application of the injunction applicant or the defaulter amend the order by substituting for any number of days, place, activity, period or description of persons specified in the order a new number of days, place, activity, period or description (subject, in the case of a number of days, to sub-paragraph (2)).12 A court may only include an activity requirement in a supervision order or vary such a requirement under sub-paragraph (11) if—a it has consulted the youth offending team which is to be, or is, specified in the order,b it is satisfied that it is feasible to secure compliance with the requirement or requirement as varied,c it is satisfied that provision for the defaulter to participate in the activities proposed can be made under the arrangements for persons to participate in such activities which exist in the area of the youth offending team which is to be or is specified in the order, andd in a case where the requirement or requirement as varied would involve the co-operation of a person other than the defaulter and the responsible officer, that person consents to its inclusion or variation.13 For the purposes of sub-paragraph (9) “guardian” has the same meaning as in the Children and Young Persons Act 1933 (subject to sub-paragraph (14)).14 If a local authority has parental responsibility for a defaulter who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference to “guardian” in sub-paragraph (9) is to be read as a reference to that authority.15 In sub-paragraph (14)—a “parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act;b “social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act.5 1 In this Schedule, “curfew requirement”, in relation to a supervision order, means a requirement that the defaulter remain, for periods specified in the order, at a place so specified.2 A supervision order imposing a curfew requirement may specify different places or different periods for different days.3 The periods specified under sub-paragraph (1)—a must be within the period for the time being specified in the order under paragraph 2(5);b may not amount to less than two or more than eight hours in any day.4 Before specifying a place under sub-paragraph (1) in a supervision order, the court making the order must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the defaulter).5 Where a supervision order contains a curfew requirement, the appropriate court may, on the application of the injunction applicant or the defaulter amend the order by—a substituting new periods for the periods specified in the order under this paragraph (subject to sub-paragraph (3)); orb substituting a new place for the place specified in the order under this paragraph (subject to sub-paragraph (4)).6 1 A supervision order containing a curfew requirement may also contain a requirement (an “electronic monitoring requirement”) for securing the electronic monitoring of compliance with the curfew requirement during a period—a specified in the order, orb determined by the responsible officer in accordance with the order.2 In a case referred to in sub-paragraph (1)(b), the responsible officer must, before the beginning of the period when the electronic monitoring requirement is to take effect, notify—a the defaulter,b the person responsible for the monitoring, andc any person falling within sub-paragraph (3)(b),of the time when that period is to begin.3 Where—a it is proposed to include an electronic monitoring requirement in a supervision order, butb there is a person (other than the defaulter) without whose co-operation it will not be practicable to secure that the monitoring takes place,the requirement may not be included in the order without that person's consent.4 A supervision order imposing an electronic monitoring requirement must include provision for making a person responsible for the monitoring.5 The person who is made responsible for the monitoring must be of a description specified in an order under paragraph 26(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008.6 An electronic monitoring requirement may not be included in a supervision order unless the court making the order—a has been notified by the youth offending team for the time being specified in the order that arrangements for electronic monitoring are available in the area where the place which the court proposes to specify in the order for the purposes of the curfew requirement is situated, andb is satisfied that the necessary provision can be made under the arrangements currently available.7 Where a supervision order contains an electronic monitoring requirement, the appropriate court may, on the application of the injunction applicant or the defaulter, amend the order by substituting a new period for the period specified in the order under this paragraph.8 Sub-paragraph (3) applies in relation to the variation of an electronic monitoring requirement under sub-paragraph (7) as it applies in relation to the inclusion of such a requirement.7 1 For the purposes of this Part of this Schedule, the “responsible officer”, in relation to a supervision order, means—a in a case where the order imposes a curfew requirement and an electronic monitoring requirement, but does not impose an activity or supervision requirement, the person who under paragraph 6(4) is responsible for the electronic monitoring;b in any other case, the member of the youth offending team for the time being specified in the order who, as respects the defaulter, is for the time being responsible for discharging the functions conferred by this Schedule on the responsible officer.2 Where a supervision order has been made, it is the duty of the responsible officer—a to make any arrangements that are necessary in connection with the requirements contained in the order, andb to promote the defaulter's compliance with those requirements.3 In giving instructions in pursuance of a supervision order, the responsible officer must ensure, so far as practicable, that any instruction is such as to avoid the matters referred to in paragraph 2(4).4 A defaulter in respect of whom a supervision order is made must—a keep in touch with the responsible officer in accordance with such instructions as the responsible officer may from time to time give to the defaulter, andb notify the responsible officer of any change of address.5 The obligations imposed by sub-paragraph (4) have effect as a requirement of the supervision order.8 1 The appropriate court may, on the application of the injunction applicant or the defaulter, amend a supervision order by substituting a new period for that for the time being specified in the order under paragraph 2(5) (subject to paragraph 2(6)).2 The court may, on amending a supervision order pursuant to sub-paragraph (1), make such other amendments to the order in relation to any requirement imposed by the order as the court considers appropriate.9 1 This paragraph applies where, on an application made by the injunction applicant or the defaulter in relation to a supervision order, the appropriate court is satisfied that the defaulter proposes to reside, or is residing, in the area of a youth offending team other than the team for the time being specified in the order.2 If the application is made by the defaulter, the court to which it is made may amend the order by substituting for the youth offending team specified in the order the youth offending team for the area referred to in sub-paragraph (1) (or, if there is more than one such team for that area, such of those teams as the court may determine).3 If the application is made by the injunction applicant, the court to which it is made must, subject as follows, so amend the order.4 Where a court amends the supervision order pursuant to sub-paragraph (2) or (3) but the order contains a requirement which, in the opinion of the court, cannot reasonably be complied with if the defaulter resides in the area referred to in sub-paragraph (1), the court must also amend the order by—a removing that requirement, orb substituting for that requirement a new requirement which can reasonably be complied with if the defaulter resides in that area.5 Sub-paragraph (3) does not require a court to amend the supervision order if in its opinion sub-paragraph (4) would produce an inappropriate result.6 The injunction applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).10 1 Where a supervision order is made, the injunction applicant or the defaulter may apply to the appropriate court—a to revoke the order, orb to amend the order by removing any requirement from it.2 If it appears to the court to which an application under sub-paragraph (1)(a) or (b) is made to be in the interests of justice to do so, having regard to circumstances which have arisen since the supervision order was made, the court may grant the application and revoke or amend the order accordingly.3 The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.4 If an application made under sub-paragraph (1) in relation to a supervision order is dismissed, no further such application may be made in relation to the order by any person without the consent of the appropriate court.5 The injunction applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1).11 If the responsible officer considers that the defaulter has complied with all the requirements of the supervision order, the responsible officer must inform the injunction applicant.12 1 If the responsible officer considers that the defaulter has failed to comply with any requirement of the supervision order, the responsible officer must inform the injunction applicant.2 On being informed as specified in sub-paragraph (1) the injunction applicant may apply to the appropriate court.3 Before making an application under sub-paragraph (2) the injunction applicant must consult—a the youth offending team for the time being specified in the order, andb any person consulted by virtue of section 38(2)(a) or (b).4 If on an application under sub-paragraph (2) the court to which it is made is satisfied beyond reasonable doubt that the defaulter has without reasonable excuse failed to comply with any requirement of the supervision order, the court may—a revoke the supervision order and make a new one; orb revoke the order and make a detention order (see Part 3 of this Schedule).5 The powers in sub-paragraph (4) may not be exercised at any time after the defaulter reaches the age of 18.6 The powers conferred by sub-paragraph (4) are in addition to any other power of the court in relation to the breach of the supervision order.7 The court to which an application under sub-paragraph (2) is made must consider representations made by the youth offending team for the time being specified in the order before exercising its powers under this paragraph.13 1 The court by which a supervision order is made must forthwith provide a copy of the order to—a the defaulter, andb the youth offending team for the time being specified in the order.2 Where a supervision order is made, the injunction applicant must forthwith provide a copy of so much of the order as is relevant—a in a case where the order includes an activity requirement specifying a place under paragraph 4(1)(a), to the person in charge of that place;b in a case where the order includes an activity requirement specifying an activity under paragraph 4(1)(b), to the person in charge of that activity;c in a case where the order includes an activity requirement specifying a residential exercise under paragraph 4(1)(c), to the person in charge of the place or activity specified under paragraph 4(4) in relation to that residential exercise;d in a case where the order contains an electronic monitoring requirement, to—i any person who by virtue of paragraph 6(4) will be responsible for the electronic monitoring, andii any person without whose consent that requirement could not have been included in the order.3 The court by which a supervision order is revoked or amended must forthwith provide a copy of the revoking order, or of the order as amended, to—a the defaulter, andb the youth offending team for the time being specified in the order.4 Where—a a copy of a supervision order (or part of a supervision order) has been given to a person under sub-paragraph (2) by virtue of any requirement contained in the order, andb the order is revoked, or amended in respect of that requirement,the injunction applicant must forthwith give a copy of the revoking order, or of so much of the order as amended as is relevant, to that person.14 1 A detention order is an order that the defaulter be detained for a period specified in the order in such youth detention accommodation as the Secretary of State may determine.2 The period specified under sub-paragraph (1) may not exceed the period of three months beginning with the day after that on which the order is made.3 In sub-paragraph (1) “youth detention accommodation” means—a a secure training centre;b a young offender institution;c secure accommodation, as defined by section 23(12) of the Children and Young Persons Act 1969.4 The function of the Secretary of State under sub-paragraph (1) is exercisable concurrently with the Youth Justice Board.5 A person detained under a detention order is in legal custody.15 1 Where a detention order is made, the injunction applicant or the defaulter may apply to the appropriate court to revoke it.2 If it appears to the court to which an application under sub-paragraph (1) is made to be in the interests of justice to do so, having regard to circumstances which have arisen since the detention order was made, the court may grant the application and revoke the order accordingly.3 The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter.4 If an application made under sub-paragraph (1) in relation to a detention order is dismissed, no further such application may be made in relation to the order by any person without the consent of the appropriate court.5 Before making an application under sub-paragraph (1) the injunction applicant must consult—a in the case of a detention order made under paragraph 1(1), the youth offending team referred to in paragraph 1(4)(a); orb in the case of a detention order made under paragraph 12(4)(b), the youth offending team referred to in paragraph 12(3)(a).”

(4)In section 41 of the Crime and Disorder Act 1998 (Youth Justice Board), in subsection (5)(i), at the end there is inserted—“vii accommodation referred to in paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 which is or may be used for the purpose of detaining persons subject to a detention order under that Schedule;”

Police powers of stop and search

1Records of searches#

(1)Section 3 of the Police and Criminal Evidence Act 1984 (duty to make records concerning searches) is amended as follows.

(2)In subsection (1), for “he shall make a record of it” there is substituted “ a record of the search shall be made ”.

(3)For subsection (2) there is substituted—“2 If a record of a search is required to be made by subsection (1) above—a in a case where the search results in a person being arrested and taken to a police station, the constable shall secure that the record is made as part of the person's custody record;b in any other case, the constable shall make the record on the spot, or, if that is not practicable, as soon as practicable after the completion of the search.”

(4)Subsections (3) to (5) (record of search to include person's name and description of person or vehicle) are repealed.

(5)In subsection (6)—

(a)in paragraph (a), for sub-paragraphs (v) and (vi) there is substituted—“v except in the case of a search of an unattended vehicle, the ethnic origins of the person searched or the person in charge of the vehicle searched (as the case may be); and;”

(b)in paragraph (b), for “making it” there is substituted “ who carried out the search ”.

(6)After subsection (6) there is inserted—“6A The requirement in subsection (6)(a)(v) above for a record to state a person's ethnic origins is a requirement to state—a the ethnic origins of the person as described by the person, andb if different, the ethnic origins of the person as perceived by the constable.”

(7)In subsection (7), for the words from the beginning to “it,” there is substituted “ If a record of a search of a person has been made under this section, ”.

(8)In subsection (8), for paragraph (b) there is substituted—“b a record of the search of the vehicle has been made under this section,”

(9)In subsection (9) (time within which copy of search may be requested) for “12 months” there is substituted “ 3 months ”.

Prison security

45Offences relating to electronic communications devices in prison#

In the Prison Act 1952, in section 40D (other offences relating to prison security)—

(a)in subsection (1)(b), for “or any sound” there is substituted “ , sound or information ”;

(b)in subsection (3), paragraph (b) and the preceding “or” are repealed;

(c)after subsection (3) there is inserted—“3A A person who, without authorisation, is in possession of any of the items specified in subsection (3B) inside a prison is guilty of an offence.3B The items referred to in subsection (3A) are—a a device capable of transmitting or receiving images, sounds or information by electronic communications (including a mobile telephone);b a component part of such a device;c an article designed or adapted for use with such a device (including any disk, film or other separate article on which images, sounds or information may be recorded).”

Taking of fingerprints and samples: England and Wales

2Powers to take material in relation to offences#

3Powers to take material in relation to offences outside England and Wales#

4Information to be given on taking of material#

5Speculative searches#

(1)In section 63A of the Police and Criminal Evidence Act 1984 (supplementary), after subsection (1D) there is inserted—“1E Where fingerprints or samples have been taken from any person under section 61(6) or 63(3B) above (persons convicted etc), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in subsection (1)(a) or (b) above.1F Where fingerprints or samples have been taken from any person under section 61(6D), 62(2A) or 63(3E) above (offences outside England and Wales etc), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in subsection (1)(a) or (b) above.”

(2)In Schedule 4 to the International Criminal Court Act 2001 (taking of fingerprints or non-intimate samples), in paragraph 7(3)(a), after “section 63A(1)” there is inserted “ , (1E) or (1F) ”.

6Power to require attendance at police station#

(1)In section 63A of the Police and Criminal Evidence Act 1984 (fingerprinting and samples: supplementary provisions), for subsections (4) to (8) there is substituted—“4 Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.”

(2)In that Act, after Schedule 2 there is inserted—“1 1 A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A).2 The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b) (fingerprints taken on previous occasion insufficient etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied.3 In sub-paragraph (2) above “appropriate officer” means the officer investigating the offence for which the person was arrested.2 1 A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B).2 The power under sub-paragraph (1) above may not be exercised after the end of the period of six months beginning with—a in a case falling within section 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, orb in a case falling within section 61(5B)(b) (fingerprints taken on previous occasion insufficient etc), the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied.3 In sub-paragraph (2)(b) above “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.3 1 A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6).2 Where the condition in section 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—a the day on which the person was convicted, cautioned or warned or reprimanded, orb if later, the day on which this Schedule comes into force.3 Where the condition in section 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—a the day on which an appropriate officer was informed that section 61(3A)(a) or (b) applied, orb if later, the day on which this Schedule comes into force.4 In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question.5 Sub-paragraphs (2) and (3) above do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand).4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D).6 1 Where a person's fingerprints have been taken under section 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.2 Where an authorisation is given under sub-paragraph (1) above—a the fact of the authorisation, andb the reasons for giving it,shall be recorded as soon as practicable after it has been given.7 A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under section 62(1A) if, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken from him but have proved insufficient.8 A constable may require a person to attend a police station for the purpose of taking a sample from him under section 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under section 63(3E) but have proved insufficient.9 1 A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3ZA).2 The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3ZA)(b)(i) or (ii).3 In sub-paragraph (2) above, “appropriate officer” means the officer investigating the offence for which the person was arrested.10 1 A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3A).2 The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported.3 The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3A)(b)(i) or (ii).4 In sub-paragraph (3) above “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.11 1 A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B).2 Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—a the day on which the person was convicted, cautioned or warned or reprimanded, orb if later, the day on which this Schedule comes into force.3 Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—a the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), orb if later, the day on which this Schedule comes into force.4 In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question.5 Sub-paragraphs (2) and (3) above do not apply where—a the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand), orb he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies.12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3E).14 1 Where a non-intimate sample has been taken from a person under section 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.2 Where an authorisation is given under sub-paragraph (1) above—a the fact of the authorisation, andb the reasons for giving it,shall be recorded as soon as practicable after it has been given.15 A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints or a sample under any provision of this Act may be exercised only in a case where the fingerprints or sample may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints or sample under that provision has been obtained).16 1 A requirement under this Schedule—a shall give the person a period of at least seven days within which he must attend the police station; andb may direct him so to attend at a specified time of day or between specified times of day.2 In specifying a period or time or times of day for the purposes of sub-paragraph (1) above, the constable shall consider whether the fingerprints or sample could reasonably be taken at a time when the person is for any other reason required to attend the police station.3 A requirement under this Schedule may specify a period shorter than seven days if—a there is an urgent need for the fingerprints or sample for the purposes of the investigation of an offence; andb the shorter period is authorised by an officer of at least the rank of inspector.4 Where an authorisation is given under sub-paragraph (3)(b) above—a the fact of the authorisation, andb the reasons for giving it,shall be recorded as soon as practicable after it has been given.5 If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify any period within which, or date or time at which, the person must attend; but a variation shall not have effect unless confirmed by the constable in writing.17 A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.”

(3)In that Act, in section 27 (fingerprinting of certain offenders), subsections (1) to (3) are repealed.

(4)In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by detention officers)—

(a)in paragraph 25 (attendance at police station for fingerprinting), for “section 27(1) of the 1984 Act (fingerprinting of suspects)” there is substituted “ Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) ”;

(b)in paragraph 32 (attendance at police station for the taking of a sample), for the words from “subsection (4)” to “samples)” there is substituted “ Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) ”.

7“Qualifying offence”#

After section 65 of the Police and Criminal Evidence Act 1984 there is inserted—“65A 1 In this Part, “qualifying offence” means—a an offence specified in subsection (2) below, orb an ancillary offence relating to such an offence.2 The offences referred to in subsection (1)(a) above are—a murder;b manslaughter;c false imprisonment;d kidnapping;e an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;f an offence under section 2 or 3 of the Explosive Substances Act 1883;g an offence under section 1 of the Children and Young Persons Act 1933;h an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder;i an offence under sections 16 to 18 of the Firearms Act 1968;j an offence under section 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person's death;k an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson;l an offence under section 1 of the Protection of Children Act 1978;m an offence under section 1 of the Aviation Security Act 1982;n an offence under section 2 of the Child Abduction Act 1984;o an offence under section 9 of the Aviation and Maritime Security Act 1990;p an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to 59, 61 to 67, 69 and 70 of the Sexual Offences Act 2003;q an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;r an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008.3 The Secretary of State may by order made by statutory instrument amend subsection (2) above.4 A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.5 In subsection (1)(b) above “ancillary offence”, in relation to an offence, means—a aiding, abetting, counselling or procuring the commission of the offence;b an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);c attempting or conspiring to commit the offence.”

Taking of fingerprints and samples: Northern Ireland

13“Qualifying offence”#

(1)After Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (interpretation) there is inserted—“53A 1 In this Part, “qualifying offence” means—a an offence specified in paragraph (2), orb an ancillary offence relating to such an offence.2 The offences referred to in paragraph (1)(a) are—a murder;b manslaughter;c false imprisonment;d kidnapping;e an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;f an offence under section 2 or 3 of the Explosive Substances Act 1883;g an offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.));h an offence under section 9 or 10 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.));i an offence under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)) required to be charged as arson;j an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I.1978/1047 (N.I. 17);k an offence under Article 172B of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) involving an accident which caused a person's death;l an offence under section 1 of the Aviation Security Act 1982;m an offence under Article 4 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17));n an offence under section 9 of the Aviation and Maritime Security Act 1990;o an offence under sections 57 to 59 of the Sexual Offences Act 2003;p an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;q an offence under Article 58, 59 or 60 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));r an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008;s an offence under any of Articles 5 to 26, 32, 33, 37 to 40, 43 to 54, 62, 63, 65 to 71, 73 and 74 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)).3 The Secretary of State may by order amend paragraph (2) (subject to Article 89).3A The power to make an order under paragraph (3) is exercisable by the Department of Justice (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).4 In paragraph (1)(b) “ancillary offence”, in relation to an offence, means—a aiding, abetting, counselling or procuring the commission of the offence;b an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);c attempting or conspiring to commit the offence.”

(2)Amend Article 89 of that Order (orders and regulations) as follows—

(a)in paragraph (1)—

(i)after “made” insert “by the Secretary of State”; and

(ii)after “Article” insert “53A or”;

(b)in paragraph (2)—

(i)after “Article 53,” insert “53A,”; and

(ii)for “or 66,” insert “, 66 or 81”.

Schedule 2 · Compensation of victims of overseas terrorism: consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)

(1)After section 11B of the Parliamentary Commissioner Act 1967, there is inserted—“11C 1 For the purposes of this Act, administrative functions exercisable by an administrator of the Victims of Overseas Terrorism Compensation Scheme (see section 48 of the Crime and Security Act 2010) (“Scheme functions”) shall be taken to be administrative functions of a government department to which this Act applies.2 For the purposes of this section, a claims officer appointed under section 51(1) of the Crime and Security Act 2010 is an administrator of the Scheme.3 The principal officer in relation to any complaint made in respect of any action taken in respect of Scheme functions by a claims officer is such person as may from time to time be designated by the Secretary of State for the purposes of this subsection.4 The conduct of an investigation under this Act in respect of any action taken in respect of Scheme functions shall not affect—a any action so taken; orb any power or duty of any person to take further action with respect to any matters subject to investigation.”

Inheritance Tax Act 1984 (c. 51)

(2)

(1)The Inheritance Tax Act 1984 is amended as follows.

(2)In section 71A (trusts for bereaved minors)—

(a)in subsection (2), after paragraph (b) there is inserted“orc established under the Victims of Overseas Terrorism Compensation Scheme,”

(b)in subsection (4), for “or (b)” there is substituted “ , (b) or (c) ”.

(3)In section 71D (age 18-to-25 trusts), in subsection (2), after paragraph (b) there is inserted “or“c established under the Victims of Overseas Terrorism Compensation Scheme,”

Income Tax (Trading and Other Income) Act 2005 (c. 5)

(3)In section 732 of the Income Tax (Trading and Other Income) Act 2005 (compensation awards), in subsections (1) and (2), at the end there is inserted “ or the Victims of Overseas Terrorism Compensation Scheme ”.

Finance Act 2005 (c. 7)

(4)In section 35 of the Finance Act 2005 (trusts for relevant minors), in subsection (2), after paragraph (b) there is inserted“ orc established under the Victims of Overseas Terrorism Compensation Scheme,”

Tribunals, Courts and Enforcement Act 2007 (c. 15)

(5)In section 11 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal to Upper Tribunal), in subsection (5) (excluded decisions), after paragraph (a) there is inserted—“aa any decision of the First-tier Tribunal on an appeal made in exercise of a right conferred by the Victims of Overseas Terrorism Compensation Scheme in compliance with section 52(3) of the Crime and Security Act 2010,”

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