Police and Justice Act 2006
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Police and Justice Act 2006 CHAPTER 48 CONTENTS PART 1 POLICE REFORM National Policing Improvement Agency 1 National Policing Improvement Agency Police forces and police authorities 2 Amendments to the Police Act 1996 3 Delegation of police authority functions 4 Police authorities as best value authorities Police pension schemes 5 Power to merge schemes Statutory consultation requirements 6 Consultation with APA and ACPO Community support officers etc 7 Standard powers and duties of community support officers 8 Community support officers: power to deal with truants 9 Exercise of police powers by civilians ii Police and Justice Act 2006 (c. 48) PART 2 POWERS OF POLICE ETC Police powers 10 Police bail 11 Power to detain pending DPP’s decision about charging 12 Power to stop and search at aerodromes Information from registers of death 13 Supply of information to police etc by Registrar General Travel and freight information 14 Information-gathering powers: extension to domestic flights and voyages Fixed penalty notices 15 Accreditation of weights and measures inspectors 16 Power to apply accreditation provisions Conditional cautions 17 Conditional cautions: types of condition 18 Arrest for failing to comply with conditional caution PART 3 CRIME AND ANTI-SOCIAL BEHAVIOUR Crime and disorder 19 Local authority scrutiny of crime and disorder matters 20 Guidance and regulations regarding crime and disorder matters 21 Joint crime and disorder committees 22 Amendments to the Crime and Disorder Act 1998 Parenting contracts and parenting orders 23 Parenting contracts: local authorities and registered social landlords 24 Parenting orders: local authorities and registered social landlords 25 Contracting out of local authority functions with regard to parenting contracts and parenting orders Injunctions 26 Anti-social behaviour injunctions 27 Injunctions in local authority proceedings: power of arrest and remand Police and Justice Act 2006 (c. 48) iii PART 4 INSPECTORATES 28 Her Majesty’s Chief Inspector of Prisons 29 Her Majesty’s Inspectors of Constabulary 30 Her Majesty’s Chief Inspector of the Crown Prosecution Service 31 Her Majesty’s Inspectorate of the National Probation Service for England and Wales 32 Her Majesty’s Inspectorate of Court Administration 33 Transitional provision PART 5 MISCELLANEOUS Bail offences 34 Sentences of imprisonment for bail offences Computer misuse 35 Unauthorised access to computer material 36 Unauthorised acts with intent to impair operation of computer, etc 37 Making, supplying or obtaining articles for use in computer misuse offences 38 Transitional and saving provision Forfeiture of indecent photographs of children 39 Forfeiture of indecent photographs of children: England and Wales 40 Forfeiture of indecent photographs of children: Northern Ireland Independent Police Complaints Commission 41 Immigration and asylum enforcement functions: complaints and misconduct Extradition 42 Amendments to the Extradition Act 2003 etc 43 Designation of United States of America Repatriation of prisoners 44 Transfer of prisoner under international arrangements not requiring his consent Live links 45 Attendance by accused at certain preliminary or sentencing hearings 46 Live link bail 47 Evidence of vulnerable accused 48 Appeals under Part 1 of the Criminal Appeal Act 1968 iv Police and Justice Act 2006 (c. 48) PART 6 SUPPLEMENTAL 49 Orders and regulations 50 Money 51 Power to make consequential and transitional provision etc 52 Amendments and repeals 53 Commencement 54 Extent 55 Short title Schedule 1 — National Policing Improvement Agency Part 1 — Objects and powers Part 2 — Membership etc Part 3 — Accountability and supervision Part 4 — Financial provision Part 5 — Transfer schemes Part 6 — Interpretation and modification Part 7 — Consequential amendments Schedule 2 — Amendments to the Police Act 1996 Schedule 3 — Power to merge police pension schemes Schedule 4 — Consultation with APA and ACPO Schedule 5 — Exercise of police powers by civilians Schedule 6 — Police bail Part 1 — Introductory Part 2 — Police bail granted elsewhere than at police station Part 3 — Police bail granted at police station before charge Schedule 7 — Schedule to be inserted into the Police Reform Act 2002 Schedule 8 — Further provision about crime and disorder committees of certain local authorities Schedule 9 — Amendments to the Crime and Disorder Act 1998 Schedule 10 — Injunctions in local authority proceedings: powers to remand Schedule 11 — Schedule to be inserted into the Protection of Children Act 1978 Schedule 12— Schedule to be inserted into the Protection of Children (Northern Ireland) Order 1978 Schedule 13 — Extradition Part 1 — Amendments to the Extradition Act 2003 Part 2 — Amendments to other Acts Schedule 14 — Minor and consequential amendments Schedule 15 — Repeals and revocations Part 1 — Police reform Part 2 — Powers of police etc Part 3 — Crime and anti-social behaviour Part 4 — Miscellaneous ELIZABETH II c. 48 Police and Justice Act 2006 2006 CHAPTER 48 An Act to establish a National Policing Improvement Agency; to make provision about police forces and police authorities and about police pensions; to make provision about police powers and about the powers and duties of community support officers, weights and measures inspectors and others; to make provision about the supply to the police and others of information contained in registers of death; to make further provision for combatting crime and disorder; to make further provision about certain inspectorates; to amend Part 12 of the Criminal Justice Act 2003; to amend the Computer Misuse Act 1990; to make provision about the forfeiture of indecent images of children; to provide for the conferring of functions on the Independent Police Complaints Commission in relation to the exercise of enforcement functions by officials involved with immigration and asylum; to amend the Extradition Act 2003; to make further provision about the use of live links in criminal proceedings; and for connected purposes. [8th November 2006] EITENACTED 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 BParliament assembled, and by the authority of the same, as follows:— PART 1 POLICE REFORM National Policing Improvement Agency 1 National Policing Improvement Agency (1) There is to be a body corporate to be known as the National Policing Improvement Agency. (2) The following are abolished— 2 Police and Justice Act 2006 (c. 48) Part 1 — Police reform (a) the Central Police Training and Development Authority; (b) the Police Information Technology Organisation. (3) Schedule 1 (further provision about the National Policing Improvement Agency, and related amendments) has effect. Police forces and police authorities 2 Amendments to the Police Act 1996 Schedule 2 (which makes amendments to the Police Act 1996 (c. 16)) has effect. 3 Delegation of police authority functions (1) Section 107 of the Local Government Act 1972 (c. 70) (application to police authorities of provisions about discharge of local authority functions) is amended as follows. (2) After subsection (3A) there is inserted— “(3B) Section 101 above, in its application to a police authority, shall have effect as if a reference in subsection (1), (2), (4) or (5) to an officer of an authority included a reference to a member of that authority.” (3) For subsection (4) there is substituted— “(4) The Secretary of State may by regulations make provision regulating the power of a police authority under section 101 above to arrange for the discharge of their functions by a committee, sub-committee, officer or member of the authority as respects part only of their area. (4A) Regulations under subsection (4) may in particular— (a) impose limitations or restrictions on the functions which may be the subject of arrangements of the kind referred to in that subsection; (b) make provision as to the membership or chairmanship of any committee or sub-committee discharging functions under such arrangements; (c) impose limitations or restrictions on which officers or members of a police authority may discharge functions under such arrangements. (4B) A statutory instrument containing regulations under subsection (4) shall be subject to annulment in pursuance of a resolution of either House of Parliament.” (4) Subsection (6) (members of police authority committees must be authority members) is omitted. 4 Police authorities as best value authorities (1) In section 1 of the Local Government Act 1999 (c. 27) (authorities that are best value authorities)— (a) in subsection (1), at the beginning of paragraph (d) there is inserted “(subject to subsection (8))”; Police and Justice Act 2006 (c. 48) 3 Part 1 — Police reform (b) in subsection (4), for “subsection (1)(d)” there is substituted “this section”; (c) in subsection (6), at the beginning of paragraph (c) there is inserted “(subject to subsection (8))”; (d) after subsection (7) there is inserted— “(8) A police authority is not a best value authority for the purposes of the following provisions of this Part— section 5 (best value reviews); section 6 (best value performance plans); sections 7 to 9 (audit of best value performance plans); section 13(5) (requirement of best value performance plan to record fact of adverse report etc); section 15(2)(a) and (b) (directions relating to best value performance plans).” (2) A reference in any provision contained in or made under any Act other than the Local Government Act 1999