Police Reform and Social Responsibility Bill

Total Page:16

File Type:pdf, Size:1020Kb

Police Reform and Social Responsibility Bill Police Reform and Social Responsibility Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1 POLICE REFORM CHAPTER 1 POLICE AREAS OUTSIDE LONDON Police and crime commissioners and chief constables 1 Police and crime commissioners 2Chief constables CHAPTER 2 METROPOLITAN POLICE DISTRICT 3 Mayor’s Office for Policing and Crime 4 Commissioner of Police of the Metropolis CHAPTER 3 FUNCTIONS OF ELECTED LOCAL POLICING BODIES ETC Community safety and crime prevention 5 Police and crime commissioners to issue police and crime plans 6 Mayor’s Office for Policing and Crime to issue police and crime plans 7 Police and crime plans 8 Duty to have regard to police and crime plan 9 Crime and disorder reduction grants 10 Co-operative working Information, consultation etc 11 Information for public etc 12 Annual reports 13 Information for police and crime panels Bill 151 55/1 ii Police Reform and Social Responsibility Bill 14 Arrangements for obtaining the views of the community on policing Other provisions about functions 15 Supply of goods and services 16 Appointment of persons not employed by elected local policing bodies 17 Duties when carrying out functions 18 Delegation of functions by police and crime commissioners 19 Delegation of functions by Mayor’s Office for Policing and Crime 20 Deputy Mayor for Policing and Crime: confirmation hearings Financial matters 21 Police fund 22 Minimum budget for police and crime commissioner 23 Minimum budget for Mayor’s Office for Policing and Crime 24 Police grant 25 Other grants etc under Police Act 1996 26 Precepts 27 Other grants etc CHAPTER 4 ACCOUNTABILITY OF ELECTED LOCAL POLICING BODIES Scrutiny of police and crime commissioners 28 Police and crime panels of local authorities 29 Power to require attendance and information 30 Suspension of police and crime commissioner Conduct of police and crime commissioners 31 Conduct of commissioners Scrutiny of Mayor’s Office for Policing and Crime 32 London Assembly police and crime panel 33 Functions to be discharged by police and crime panel CHAPTER 5 POLICE FORCES IN AREAS WITH ELECTED LOCAL POLICING BODIES Chief officers of police 34 Engagement with local people 35 Value for money 36 Reports for elected local policing bodies 37 Appointment of persons not employed by chief officers of police Police forces outside London 38 Appointment, suspension and removal of chief constables Police Reform and Social Responsibility Bill iii 39 Deputy chief constables 40 Assistant chief constables 41 Power of deputy to exercise functions of chief constable The metropolitan police force 42 Appointment of Commissioner of Police of the Metropolis 43 Deputy Commissioner of Police of the Metropolis 44 Functions of Deputy Commissioner of Police of the Metropolis 45 Assistant Commissioners of Police of the Metropolis 46 Deputy Assistant Commissioners of Police for of the Metropolis 47 Commanders 48 Suspension and removal of Commissioner and Deputy Commissioner 49 Suspension and removal of other senior metropolitan police officers CHAPTER 6 POLICE AND CRIME COMMISSIONERS: ELECTIONS AND VACANCIES Holding of elections 50 Ordinary elections 51 Election to fill vacancy in office of commissioner 52 Persons entitled to vote 53 Public awareness about elections: role of Electoral Commission Conduct of elections 54 Returning officers etc 55 Returning officers: expenditure 56 Taxation of returning officer’s account 57 Voting at elections of police and crime commissioners 58 Power to make provision about elections etc Vacancy in office of police and crime commissioner 59 Date of vacancy in office of commissioner 60 Declaration of vacancy in certain cases 61 Resignation of commissioner Vacancy or incapacity 62 Appointment of acting commissioner 63 Vacancy where acting commissioner acts for 6 months Disqualification 64 Disqualification from election as police and crime commissioner 65 Police and crime commissioner not to serve for more than two terms 66 Disqualification from election or holding office as police and crime commissioner: police grounds 67 Disqualification from election or holding office as police and crime commissioner: other grounds 68 Disqualification of person holding office as police and crime commissioner iv Police Reform and Social Responsibility Bill 69 Citizenship condition 70 Validity of acts Elections: further provision 71 Declaration of acceptance of office of police and crime commissioner 72 Judicial proceedings as to disqualification or vacancy 73 Police and crime commissioners not to sit or vote in House of Lords 74 Amendment of police areas: term of office of commissioner 75 Computation of time and timing of elections etc 76 Elections: consequential amendments 77 The appropriate officer 78 Interpretation of Chapter 6 CHAPTER 7 OTHER PROVISIONS RELATING TO POLICING AND CRIME AND DISORDER Requirement for national policing capabilities 79 The strategic policing requirement Duties and powers of Secretary of State 80 General duty of Secretary of State 81 Obtaining advice from representative bodies 82 Abolition of certain powers of Secretary of State 83 Suspension and removal of senior police officers Her Majesty’s inspectors of constabulary 84 Functions of HMIC 85 HMIC reports: publication 86 Inspection programmes and frameworks 87 Powers in connection with HMIC inspections 88 HMIC and freedom of information Community safety partnerships 89 Crime and disorder strategies Policing in England and Wales 90 Collaboration agreements 91 Police powers for civilian employees under collaboration agreements 92 Power to give directions 93 Provision of information by chief officers of police 94 Regulations about provision of equipment 95 National and international functions Police: complaints 96 Police: complaints Police Reform and Social Responsibility Bill v CHAPTER 8 MISCELLANEOUS PROVISIONS 97 Interpretation of Police Act 1996 98 Amendments of the Interpretation Act 1978 99 Transitional provision 100 Minor and consequential amendments 101 Police reform: transitional provision 102 Police reform: minor and consequential amendments 103 Guidance 104 Crime and disorder reduction 105 Interpretation of Part 1 PART 2 LICENSING CHAPTER 1 AMENDMENTS OF THE LICENSING ACT 2003 Responsible authorities 106 Licensing authorities as responsible authorities 107 Primary Care Trusts and Local Health Boards as responsible authorities Removing the vicinity test 108 Premises licences: who may make relevant representations 109 Premises licences: who may apply for review 110 Club premises certificates: who may make relevant representations 111 Club premises certificates: who may apply for review Reducing the evidential burden on licensing authorities 112 Reducing the burden: premises licences 113 Reducing the burden: club premises certificates 114 Reducing the burden: other situations Temporary event notices 115 Temporary event notices: who may make an objection 116 Temporary event notices: conditions 117 Temporary event notices: late notices 118 Relaxation of time limits applying to temporary event notices 119 Temporary event notices: acknowledgment of notice 120 Temporary event notice: time for objection by policeto notice Underage sales 121 Persistently selling alcohol to children vi Police Reform and Social Responsibility Bill Early morning alcohol restriction orders 122 Early morning alcohol restriction orders Suspension for failure to pay annual fees 123 Suspension of licence or certificate for failing to pay annual fee Miscellaneous 124 Licensing policy statements 125 Personal licences: relevant offences Review 126 Review of effect of amendments on licensing scheme CHAPTER 2 LATE NIGHT LEVY Application of late night levy requirement in licensing authority’s area 127 Late night levy requirement Liability to pay late night levy 128 “Relevant late night authorisation” and related definitions 129 Liability to pay late night levy 130 Amount of late night levy Administration of late night levy 131 Payment and administration of the levy 132 Net amount of levy payments Application of levy payments 133 Application of net amount of levy payments Late night levy requirement: further provision 134 Introduction of late night levy requirement 135 Amendment of late night levy requirement 136 Introduction or variation of late night levy requirement: procedure 137 Permitted exemption and reduction categories 138 Late night levy: regulations 139 Interpretation 140 Crown application 141 Amendments of the Licensing Act 2003 Police Reform and Social Responsibility Bill vii PART 3 PARLIAMENT SQUARE GARDEN AND SURROUNDING AREA Repeal of SOCPA 2005 provisions 142 Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions Controls on activities in Parliament Square Garden and adjoining pavements 143 Controlled area of Parliament Square 144 Prohibited activities in controlled area of Parliament Square 145 Directions under section 141142: further provision 146 Power to seize property 147 Power of court on conviction 148 Authorisation for operation of amplified noise equipment 149 Meaning of “authorised officer” and “responsible authority” 150 Effect of Part on byelaws PART 4 MISCELLANEOUS Seizure powers under byelaws 151 Enforcement of byelaws: powers of seizure etc Misuse of drugs 152 Temporary control of drugs 153 Advisory Council on the Misuse of Drugs Arrest warrants 154 Restriction on issue of arrest warrants in private prosecutions PART 5 FINAL PROVISIONS 155 Orders and regulations 156 Money 157 Extent 158 Commencement 159 Short title Schedule 1 — Police and crime commissioners Schedule
Recommended publications
  • Statutory Guidance for Police Collaboration 12Th March 2010
    STATUTORY GUIDANCE FOR POLICE COLLABORATION 12TH MARCH 2010 Statutory Guidance for Police Collaboration 1 2 Statutory Guidance for Police Collaboration Contents INTRODUCTION 5 NOTE ON DIRECTION AND CONTROL 6 LEGAL REQUIREMENTS OF THE POLICE ACT 1996 7 LEGAL FRAMEWORK 7 LEGAL REQUIREMENTS 12 RIPA AND COLLABORATIONS 25 THE DIFFERENCE BETWEEN MUTUAL AID AND COLLABORATIONS 27 MODELS OF COLLABORATION 29 AVOIDING BUREAUCRACY 29 CHOOSING COLLABORATION PARTNERS AND COLLABORATION MODELS 29 GOVERNANCE 31 FUNDING 35 WORKFORCE ARRANGEMENTS 37 LEGAL DUTIES AND LIABILITY FOR BREACH 41 PROCUREMENT 51 PROCUREMENT CONSIDERATIONS 51 MANAGING THE COLLABORATION OVER TIME 53 REVIEWING AND AMENDING THE AGREEMENT 53 NEW PROJECTS 53 ENDING THE AGREEMENT 53 EXIT STRATEGY 53 ANNEX A – DECISION PROCESS FOR COLLABORATION 55 ANNEX B – GLOSSARY 57 Statutory Guidance for Police Collaboration 3 This Statutory Guidance was developed by the Home Office with the assistance of consultants from Tribal involving wide consultation and review with partners throughout the police service. It has been endorsed by the tripartite National Police Protective Services Board (a sub-committee of the National Policing Board) whose member organisations include the Home Office, the Association of Chief Police Officers, the Association of Police Authorities, the Association of Police Authority Chief Executives, Her Majesty’s Inspectorate of Constabulary and the National Policing Improvement Agency. It has also been approved by the Police Advisory Board of England and Wales. All of the above organisations, as well as the many individual reviewers and reference group members, are thanked for their substantial contributions. Through this Statutory Guidance document the Secretary of State is exercising his power (in section 23F of the Police Act 1996 (as amended by the Policing and Crime Act 2009)) to provide guidance about collaboration agreements or related matters.
    [Show full text]
  • Circular 2018/01: Assaults on Emergency Workers (Offences) Act
    Circular 2018/01 TITLE: ASSAULTS ON EMERGENCY WORKERS (OFFENCES) ACT 2018 From: Bail, Sentencing and Release Policy Distribution Date: 13/11/2018 Implementation Date: 13/11/2018 For further information Ashir Mir, Sentencing Policy Advisor contact: Bail, Sentencing and Release Policy [email protected] 07547 970008 BroaD subject: Criminal Law Sub category: Assaults on Emergency Workers This circular is for: Lord Chief Justice, President of the Queen’s Bench Division, Senior Presiding Judge, Justices of the Supreme Court, Lords Justices of Appeal, High Court Judges, Crown Court Judges, District Judges (Magistrates Courts), Bench Chairmen, Clerks to the Justices, Chief Crown Prosecutors, Council of Circuit Judges, Magistrates’ Association, Justices’ Clerks’ Society, Registrar of Criminal Appeals, The Law Society, The Bar Council, the Criminal Bar Association, National Police Chief’s Council, Association of Police and Crime Commissioners, Police Federation, Superintendents’ Association, Chief Police Officer’s Staff Association, College of Policing, Association of Special Constabulary Officers, Unison, Royal College of Nursing, Fire and Rescue Services Association, Fire Brigades Union, Fire Officers Association, National Fire Chiefs Council, Local Government Association, National Joint Council, Prison Officers’ Association, Prison Governors Association ASSAULTS ON EMERGENCY WORKERS (OFFENCES) ACT 2018 INTRODUCTION 1. The Assaults on Emergency Workers (Offences) Act 2018 received Royal Assent on 13 September 2018 and will come into force on 13 November 2018. The Act is set out in full at Annex A. 2. The Act is a response to the increase, in recent years, in the number of assaults on emergency workers. There were 26,000 assaults on police officers in the past year.
    [Show full text]
  • Her Majesty's Inspectorate of Constabulary (HMIC)
    Her Majesty's Inspectorate of Constabulary (HMIC) Basics Web site http://www.hmic.gov.uk/Pages/home.aspx Geographical England and Wales coverage Constitutional Aspects Legal Her Majesty’s Inspectors of the Constabulary (‘HMICs’) have an Framework/Basis extensive history, as the first HMICs were appointed under the provisions of the County and Borough Police Act 1856. In 1962, the Royal Commission on the Police (Final Report, Cmnd. 1728) formally acknowledged their contribution to policing. HMIC is governed by the Police Act 1996, which states that ‘inspectors of constabulary’ will inspect every police force in England and Wales in relation to their ‘efficiency and effectiveness’. The Police Act 1996 (sections 54 to 56 and Schedule 4A) describes the appointment procedure, functions and powers of HMIC including its duty to arrange for publication of its reports. HMIC’s core function is to inspect the efficiency and effectiveness of police forces (s. 54). The Police Reform and Social Responsibility Act 2011 made significant changes to the powers/functions of HMIC. HMIC no longer reports directly to the Secretary of State, in order to secure its independence, and it is now HMIC that arranges to publish its reports as it considers appropriate. HMIC’s powers now include the ability to request (and be mandatorily given) information by chief police officers and the power to enter police premises (paragraphs 6A and 6B of Schedule 4A) as appear to HMIC to be required for the purposes of an inspection under section 54. In addition to HMIC’s proactive inspections, if a local policing body requests inspectors to carry out an inspection of a particular police force, or a specified section or activity of that force, HMIC may carry out such an inspection (with the policing body paying HMIC’s reasonable costs per s.
    [Show full text]
  • Download Thepdf
    Volume 59, Issue 5 Page 1395 Stanford Law Review KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker © 2007 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 59 STAN. L. REV. 1395 (2007). For information visit http://lawreview.stanford.edu. KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker* INTRODUCTION: THE DYNAMICS OF COUNTER-TERRORISM POLICIES AND LAWS................................................................................................ 1395 I. CONTROL ORDERS ..................................................................................... 1403 A. Background to the Enactment of Control Orders............................... 1403 B. The Replacement System..................................................................... 1408 1. Control orders—outline................................................................ 1408 2. Control orders—contents and issuance........................................ 1411 3. Non-derogating control orders..................................................... 1416 4. Derogating control orders............................................................ 1424 5. Criminal prosecution.................................................................... 1429 6. Ancillary issues............................................................................. 1433 7. Review by Parliament and the Executive...................................... 1443 C. Judicial Review..................................................................................
    [Show full text]
  • Police Officers As Victims
    Police officers as victims Sentencing standards and their justifications in England and Germany Prof Dr Osman Isfen, Ruhr-University Bochum Dr Regina E Rauxloh, University of Southampton1 Abstract While there is plenty research in crime committed by police officers surprisingly little debate can be found regarding the situation where a police officer becomes a victim. This is remarkable as the police not only embody criminal law enforcement but also epitomises State power. Based on a comparative study, this article examines how criminal law in England and Germany deals with attacks against police officers through separate criminal offences as well as increased sentences. The authors examine how the use of criminal law reflects on the State’s perception and valuation of the role of the police officer. It will be shown that while in England there is the clear understanding that the status of the victim as police officer has an aggravating effect, Germany strongly opposes the idea that the office-holder deserves more protection than ordinary citizens. On the contrary, the law takes in consideration that the offender finds him- or herself in a vulnerable situation when faced with the power of the State. Keywords Police officers as victims, resistance against law enforcement, sentencing standards, comparison England and Germany, mitigating and aggravating circumstances I. Introduction In the context of criminal law, law enforcement is usually associated with the role of the police in protecting the victim of crime, but one easily forgets that quite often police officers themselves become the victim of crime. Interestingly, while crimes committed by police officers are subject to extensive research and debate, violence against police officers rarely appears in literature, legislation or case law.
    [Show full text]
  • [2021] Csoh 65 P925/20 Opinion of Lord
    OUTER HOUSE, COURT OF SESSION [2021] CSOH 65 P925/20 OPINION OF LORD FAIRLEY In the petition of CALUM STEELE Petitioner for JUDICIAL REVIEW Petitioner: Dean of Faculty, Young; MacRoberts LLP Respondent: Ross QC, Blair; Clyde & Co 22 June 2021 Introduction [1] The petitioner is the General Secretary of the Scottish Police Federation (“the SPF”). The SPF is a body established under section 59 of the Police Act 1996 for the purpose of representing members of the police force in Scotland in all matters affecting their welfare and efficiency. [2] The petitioner is also a police constable with the Police Service of Scotland. Since his appointment as General Secretary of the SPF in around 2009 the petitioner has not undertaken any operational police duties. He nevertheless remains subject, in his capacity 2 as a police constable, to the misconduct procedures contained within the Police Service of Scotland (Conduct) Regulations 2014 (SSI 2014/68) (“the 2014 Regulations”). [3] The respondent is the Deputy Chief Constable of the Police Service of Scotland. The petitioner seeks declarator that a decision made on behalf of the respondent to institute and maintain misconduct proceedings against him was unlawful at common law and incompatible with his right to freedom of expression in terms of Article 10 of the European Convention on Human Rights (“ECHR”). He seeks reduction of a particular decision taken by the respondent on 22 September 2020, on which date a Misconduct Form under Regulation 15 of the 2014 Regulations was issued to him. “Misconduct” by police officers [4] Issues of alleged misconduct by police officers are regulated principally by the 2014 Regulations.
    [Show full text]
  • Police Reform Act 2002
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police Reform Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Police Reform Act 2002 2002 CHAPTER 30 An Act to make new provision about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police; to amend police powers and to provide for the exercise of police powers by persons who are not police officers; to amend the law relating to anti-social behaviour orders; to amend the law relating to sex offender orders; and for connected purposes. [24th July 2002] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 POWERS OF THE SECRETARY OF STATE 1 National Policing Plan After section 36 of the 1996 Act there shall be inserted— “36A National Policing Plan (1) It shall be the duty of the Secretary of State, before the beginning of each financial year, to prepare a National Policing Plan for that year. (2) The Secretary of State shall lay the National Policing Plan for a financial year before Parliament. (3) Subject to subsection (4), any such plan must be laid before Parliament not later than 30th November in the preceding financial year.
    [Show full text]
  • National Policing Guidelines on Charging For
    1 NOT PROTECTIVELY MARKED National Policing Guidelines on Charging for Police Services The National Police Chiefs’ Council (NPCC) has agreed to these revised guidelines being circulated to, and adopted by, Police Forces in England, Wales & Northern Ireland. It is NOT PROTECTIVELY MARKED under the Government Protective Marking Scheme and any referrals for advice and rationale in relation to Freedom of Information Act disclosure should be made to the NPCC Central Referral Unit at [email protected]. Document information Protective marking: OFFICIAL Author: Linda Waters Force/Organisation: Thames Valley Police NPCC Coordination Committee Area: Finance APP/Reference Material Reference Material Contact details: 01234 842 800 Review date: April 2020 Version: 14.3 These revised guidelines have been produced and approved by the NPCC Finance Coordination Committee. This document was considered and approved by the Professional Practice Gateway Group on the 15 July 2013 as reference material to Authorised Professional Practice (APP). The document has been assessed by Home Office Counsel in July 2018. The purpose of this document is to provide comprehensive advice on cost recovery. Please note Appendix 3 will be updated annually and re-published as necessary. Disclosure of any documents, images or data held by a Police Force is subject to any such disclosure being lawful, in accordance with legal professional privilege and being in compliance with the EU General Data Protection Regulation 2016/679 (GDPR) & EU Data Protection Directive 2016/680 (‘Law Enforcement Directive’). Any queries relating to this document should be directed to either the author detailed above or the NPCC Business Support Office on 020 7084 8959/8958.
    [Show full text]
  • Criminal Justice and Police Act 2001 Is up to Date with All Changes Known to Be in Force on Or Before 08 September 2021
    Changes to legislation: Criminal Justice and Police Act 2001 is up to date with all changes known to be in force on or before 08 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Criminal Justice and Police Act 2001 2001 CHAPTER 16 An Act to make provision for combatting crime and disorder; to make provision about the disclosure of information relating to criminal matters and about powers of search and seizure; to amend the Police and Criminal Evidence Act 1984, the Police and Criminal Evidence (Northern Ireland) Order 1989 and the Terrorism Act 2000; to make provision about the police, the National Criminal Intelligence Service and the National Crime Squad; to make provision about the powers of the courts in relation to criminal matters; and for connected purposes. [11th May 2001] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 PROVISIONS FOR COMBATTING CRIME AND DISORDER CHAPTER 1 ON THE SPOT PENALTIES FOR DISORDERLY BEHAVIOUR Modifications etc. (not altering text) C1 Pt. 1 Ch. 1 extended (15.11.2003) by Police Reform Act 2002 (c. 30), ss. 38, 108, Sch. 4 para. 1(2)(a); S.I. 2003/2593, art. 2(d) C2 Pt. 1 Ch. 1 modified (26.12.2004) by The Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 (S.I.
    [Show full text]
  • Chapter 6 the Approach in Other Jurisdictions 6.1 Introduction There Are Differences Between Jurisdictions As To
    Chapter 6 The approach in other jurisdictions 6.1 Introduction There are differences between jurisdictions as to: • what offences that can be charged for assaults against police and other public officers; • whether aggravated forms of offences exist for assaults against police and public officers carrying higher maximum penalties; • whether specific provision is made in sentencing legislation for the treatment of assaults against public officers or other categories of workers as public officers. In this chapter we explore the offence and sentencing frameworks that exist in other Australian jurisdictions, and select international jurisdictions (Canada, New Zealand and England and Wales). 6.2 Specific offences targeting workplace assaults Offences committed against police and other public officers are one example of a category of aggravated assault committed on a particular class of victim. Other forms of aggravated assaults have been described as falling within three classes: • assaults accompanied by an intention of a specific kind (for example, to resist or prevent arrest); • assaults resulting in harm of a particular kind; and • assaults aggravated by the means or circumstances by which they are committed.290 6.2.1 Offences against police Most Australian jurisdictions have specific offences of assault of a police officer in the execution of their duties. The maximum penalty that applies to these offences varies by jurisdiction. Examples of these assault offences (excluding circumstances where serious harm or death has resulted) and
    [Show full text]
  • Delegated Powers Memorandum
    POLICING AND CRIME BILL DELEGATED POWERS MEMORANDUM MEMORANDUM BY THE HOME OFFICE Introduction 1. This Memorandum has been prepared for the Delegated Powers and Regulatory Reform Committee to assist with its scrutiny of the Policing and Crime Bill. The Bill was introduced in the House of Lords on 14 June 2016. The memorandum identifies the provisions of the Bill which confer powers to make delegated legislation. It explains in each case why the power has been taken and the nature of, and reason for, the procedure selected. The memorandum has been prepared by the Home Office and HM Treasury. 2. The Bill gives effect to the Conservative Party’s manifesto commitment to “finish the job of police reform”. The Bill is in nine Parts: Part 1 places a duty on police, fire and ambulance services to collaborate, enables Police and Crime Commissioners (“PCCs”) to take on responsibility for fire and rescue services where a local case is made, and abolishes the London Fire and Emergency Planning Authority and transfers its functions to the London Fire Commissioner. It also provides for inspection of fire and rescue services. Part 2 reforms the police disciplinary and complaints systems, provides for a new system of “super-complaints” and confers new protections on police whistle-blowers. This Part also further strengthens the independence of HM Inspectorate of Constabulary and ensures that it is able to deliver end-to-end inspections of the police. Part 3 better enables chief officers to make the most efficient and effective use of their workforce by giving them the flexibility to confer a wider range of powers on police staff and volunteers and conferring a power on the Home Secretary to specify police ranks in regulations.
    [Show full text]
  • Chapter 8: Attacks on Frontline Public Services
    Chapter 8: Attacks on Frontline Public Services 8.1. There is a prevalent view that sentencing for attacks on people providing frontline public services, particularly in hospitals, does not reflect the gravity of the offence nor act as a sufficient deterrent. 8.2. Specific offences already exist for assaults committed on some categories of public servant. This chapter seeks views on the adequacy of the current law and whether legislation for attacks on further categories of public servant should be introduced. Current Position in Northern Ireland 8.3. Most sentencing provisions for assault offences in Northern Ireland are found in the Offences Against the Person Act 1861 (the 1861 Act). They range from the least severe, known as common assault; to assault occasioning actual bodily harm; grievous bodily harm; and wounding or causing grievous bodily harm with intent, the most serious. They apply regardless of the occupation of the victim. 8.4. The nature and severity of the injury sustained as a result of the assault determines the offence charged and the court for trial. Sentencing ranges from a maximum of 6 months’ imprisonment, when dealt with in a Magistrates’ Court, or 2 years, when dealt with in the Crown Court, for common assault to a possible life sentence for the offence of wounding or causing grievous bodily harm with intent.1 A summary of the offences and sentencing provisions is attached at Appendix 4. 8.5. In addition, Northern Ireland legislation makes specific provision for offences of: o assault on police;2 o assault upon fire and rescue personnel;3 and o assault on ambulance workers.4 8.6.
    [Show full text]