Policing and Crime Act 2009

• Citation: 2009 c. 26
• Sections: 315

Section 1 Duty of police authorities in relation to public accountability

(1) In section 6(2) of the Police Act 1996 (c. 16) (matters to which police authorities must have regard in discharging their functions) after paragraph (a) insert—

(aa) the views of people in the authority's area about policing in that area,

(2) In section 54(2A) of that Act (inspection and report powers of inspectors of constabulary) after “with” insert “ the requirement to have regard to the views of people in its area about policing in that area and its compliance with ” .

Section 2 Police Senior Appointments Panel

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 54 (appointment and functions of inspectors of constabulary) omit subsection (3A) (delegation of Secretary of State's functions relating to approval of appointments, etc ).

(3) In Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (persons subject to general statutory duty) insert at the appropriate place—

The Police Senior Appointments Panel.

(4) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities) insert at the appropriate place—

The Police Senior Appointments Panel

Section 3 Regulations about senior officers

In section 50 of the Police Act 1996 (c. 16) (regulations for police forces) after subsection (6) insert—

(6A) Without prejudice to the powers conferred by this section, regulations under this section may make provision with respect to—

(a) steps to be taken in connection with the appointment of senior officers;

(b) payments to senior officers who cease to hold office before the end of a fixed term appointment.

(6B) In subsection (6A) “ senior officer ” means—

(a) a member of a police force holding a rank above that of chief superintendent;

(b) the Commissioner of Police for the City of London.

Section 4 Metropolitan police force appointments

(1) The Police Act 1996 is amended as follows.

(2) In section 9F (Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute—

(2) Any appointment of an Assistant Commissioner shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority.

(2A) Before appointing an Assistant Commissioner the Metropolitan Police Authority shall—

(a) consult the Commissioner of Police of the Metropolis, and

(b) obtain the approval of the Secretary of State.

(3) In section 9FA (Deputy Assistant Commissioners of Police of the Metropolis) for subsection (2) substitute—

(2) Any appointment of a Deputy Assistant Commissioner shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority.

(2A) Before appointing a Deputy Assistant Commissioner the Metropolitan Police Authority shall—

(a) consult the Commissioner of Police of the Metropolis, and

(b) obtain the approval of the Secretary of State.

(4) In section 9G (Commanders in the metropolitan police force) for subsection (2) substitute—

(2) Any appointment of a Commander in the metropolitan police force shall be made, in accordance with regulations under section 50, by the Metropolitan Police Authority.

(2A) Before appointing a Commander in the metropolitan police force the Metropolitan Police Authority shall—

(a) consult the Commissioner of Police of the Metropolis, and

(b) obtain the approval of the Secretary of State.

Section 5 Police collaboration

For section 23 of the Police Act 1996 substitute—

Police force collaboration agreements

(23)

(1) The chief officers of two or more police forces may make an agreement about the discharge of functions by members of any of their forces.

(2) An agreement may, in particular, provide—

(a) for the joint discharge of functions by members of police forces;

(b) for members of a police force to discharge functions in another force's area;

(c) for members of a police force to be provided to another force.

(3) An agreement may include provision about the discharge of functions by a police authority employee (a “civilian employee”) who is under the direction and control of a chief officer who is a party to the agreement.

(4) An agreement may provide for a member of a police force, or a civilian employee, to be under the direction and control of a chief officer specified in or determined in accordance with the agreement.

(5) A chief officer may make an agreement only if the chief officer thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police forces.

(6) A chief officer may make an agreement only with the approval of the police authority responsible for maintaining the chief officer's force.

(7) In this section a reference to the members of a police force includes a reference to the special constables appointed for the area for which the force is maintained.

(8) An agreement under this section is referred to in this Part as a police force collaboration agreement.

Police authority collaboration agreements

(23A)

(1) Two or more police authorities may make an agreement about the provision of support—

(a) for any of those police authorities;

(b) for any of the police forces maintained by them.

(2) An agreement may, in particular, provide—

(a) for support to be provided jointly by two or more authorities;

(b) for support to be provided for two or more authorities or forces jointly;

(c) for an authority to provide support to another authority or to a force maintained by another authority.

(3) In this section references to the provision of support include, in particular, the provision of—

(a) premises;

(b) equipment;

(c) staff;

(d) services;

(e) facilities.

(4) A police authority may make an agreement which includes provision about the discharge of functions by employees who are under the direction and control of a chief officer only with the approval of that chief officer.

(5) A police authority may make an agreement only if it thinks that the agreement is in the interests of the efficiency or effectiveness of one or more police authorities or police forces.

(6) Before making an agreement a police authority must consult the chief officer of the police force maintained by the authority.

(7) An agreement under this section is referred to in this Part as a police authority collaboration agreement.

Collaboration agreements: payments

(23B)

(1) A collaboration agreement may provide for payments between relevant police authorities.

(2) Provision under subsection (1) may, in particular—

(a) specify the authorities by which and to which a payment is to be made or the manner in which those authorities are to be determined;

(b) specify the amount of any payment or the manner in which it is to be determined.

(3) A relevant police authority must make any payments required by provision made under subsection (1).

(4) “Relevant police authority”—

(a) in relation to a police force collaboration agreement, means a police authority maintaining a police force whose chief officer is a party to the agreement, and

(b) in relation to a police authority collaboration agreement, means a police authority which is a party to the agreement.

(5) In this Part “ collaboration agreement ” means—

(a) a police force collaboration agreement, or

(b) a police authority collaboration agreement.

Collaboration agreements: consultation and supplemental

(23C)

(1) A person must consult the Secretary of State before making a collaboration agreement to which there are 6 or more other parties.

(2) A collaboration agreement must be in writing.

(3) A collaboration agreement may make different provision for different cases or circumstances.

(4) A collaboration agreement may be varied by a subsequent collaboration agreement.

(5) A collaboration agreement may be brought to an end by agreement between the parties to it; and section 23(6) or, as the case may be, section 23A(6) applies to an agreement under this subsection.

Collaboration agreements: accountability

(23D)

(1) Where a chief officer makes a police force collaboration agreement, the police authority responsible for maintaining the force shall hold the chief officer to account for the discharge of functions by anyone who—

(a) is acting under the terms of the agreement, and

(b) while so acting, is under the direction and control of the chief officer.

(2) Before approving an agreement as mentioned in section 23(6), a police authority must notify the chief officer of the arrangements that it proposes to make for the discharge of its functions under this section in connection with the agreement.

(3) When deciding what arrangements to make, the police authority shall, in particular, consider making arrangements for those functions to be discharged jointly with another police authority responsible for maintaining a force whose chief officer is a party to the agreement.

(4) The functions conferred on a police authority under this section do not affect any other function of holding a chief officer to account.

Collaboration agreements: publication

(23E)

(1) A person who makes a collaboration agreement must—

(a) publish the agreement, or

(b) publish the fact that the agreement has been made and such other details about it as the person thinks appropriate.

(2) In the case of a police force collaboration agreement, information notified to a chief officer under section 23D(2) must be published by the chief officer with the information under subsection (1).

Collaboration agreements: guidance

(23F)

(1) The Secretary of State may give chief officers or police authorities guidance about collaboration agreements or related matters.

(2) In discharging their functions, chief officers and police authorities must have regard to the guidance.

Collaboration agreements: directions

(23G)

(1) The Secretary of State may give chief officers or police authorities directions about collaboration agreements or related matters.

(2) A direction may be given to—

(a) one or more chief officers;

(b) one or more police authorities.

(3) A person to whom a direction is given must comply with it.

(4) A direction may, in particular—

(a) require two or more persons to make, or prohibit them from making, a collaboration agreement;

(b) require two or more persons to vary, or prohibit them from varying, a collaboration agreement;

(c) require two or more persons to consider making a collaboration agreement of a specified description;

(d) specify terms to be included, or not to be included, in collaboration agreements.

(5) A direction may relate to—

(a) a particular agreement,

(b) agreements of a particular description, or

(c) agreements in general.

(6) Before giving a direction under this section the Secretary of State must consult the person or persons to whom it is to be given.

Collaboration agreements: termination by Secretary of State

(23H)

(1) The Secretary of State may terminate a collaboration agreement by notice to the parties to the agreement.

(2) A notice under this section may provide for the termination of the agreement with immediate effect or at the end of a specified period.

(3) Before giving a notice under this section the Secretary of State must consult the parties to the agreement.

Collaboration agreements: definitions

(23I)

(1) This section has effect for the purposes of sections 23 to 23H.

(2) “ Police force ” includes—

(a) the British Transport Police Force, and

(b) the Civil Nuclear Constabulary.

(3) “ Chief officer ” means—

(a) in relation to the British Transport Police Force, the Chief Constable of the force,

(b) in relation to the Civil Nuclear Constabulary, the chief constable of the Constabulary, and

(c) in relation to any other police force, the chief officer of police of that force.

(4) “ Police authority ” includes—

(a) the British Transport Police Authority, and

(b) the Civil Nuclear Police Authority.

Section 6 Authorisations to interfere with property etc

(1) Section 93 of the Police Act 1997 (c. 50) (rules for grant of authorisations) is amended as follows.

(2) In subsection (3) after “application made—” insert—

(za) if the authorising officer is within subsection (5)(a) to (c)—

(i) by a member of the officer's police force; or

(ii) in a case where the chief officer of police of that force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief officer of police of one or more other police forces, by a member of a collaborative force;

(3) In subsection (3)(a), for “subsection (5)(a)” substitute “ subsection (5)(d) ” .

(4) After subsection (3) insert—

(3A) For the purposes of subsection (3)(za)(ii)—

(a) a police force is a collaborative force if—

(i) its chief officer of police is a party to the agreement mentioned in that provision; and

(ii) its members are permitted by the terms of the agreement to make applications for authorisations under this section to the authorising officer of the authorising force; and

(b) a reference to a police force is to the following—

(i) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(ii) the metropolitan police force; and

(iii) the City of London police force.

(5) In subsection (6)—

(a) in paragraph (a), after “subsection (5)” insert “ to whom an application is made by virtue of subsection (3)(za)(i) ” ;

(b) after paragraph (a) insert—

(aa) in relation to a person within any of those paragraphs to whom an application is made by virtue of subsection (3)(za)(ii), means the area in England and Wales—

(i) for which any collaborative force (within the meaning of subsection (3A)) is maintained; and

(ii) which is specified in relation to members of that force in the agreement mentioned in subsection (3)(za)(ii);

(c) in paragraph (b), for “that subsection” substitute “ subsection (5) ” .

Section 7 Authorisations for obtaining and disclosing communications data

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Section 8 Authorisations of covert human intelligence sources: conditions

(1) Section 29 of the Regulation of Investigatory Powers Act 2000 (c. 23) (authorisation of covert human intelligence sources) is amended as follows.

(2) In subsection (2) for paragraph (c) substitute—

(c) that arrangements exist for the source's case that satisfy—

(i) the requirements of subsection (4A), in the case of a source of a relevant collaborative unit;

(ii) the requirements of subsection (4B), in the case of a source of a relevant Scottish collaborative unit;

(iii) the requirements of subsection (5), in the case of any other source;

and that satisfy such other requirements as may be imposed by order made by the Secretary of State.

(3) After subsection (2) insert—

(2A) For the purposes of subsection (2)—

(a) a relevant collaborative unit is a unit consisting of two or more police forces whose chief officers of police have made an agreement under section 23(1) of the Police Act 1996 which relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the source; and

(b) a relevant Scottish collaborative unit is a unit consisting of two or more Scottish police forces whose chief constables have made an agreement under section 12(1) of the Police (Scotland) Act 1967 which relates to the discharge by persons holding offices, ranks or positions with any of the forces of functions in connection with the conduct or use of the source.

(4) After subsection (4) insert—

(4A) For the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—

(a) that there will at all times be a qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare;

(b) that there will at all times be another qualifying person who will have general oversight of the use made of the source;

(c) that there will at all times be a qualifying person who will have responsibility for maintaining a record of the use made of the source;

(d) that the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and

(e) that records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.

(4B) For the purposes of this Part there are arrangements for the source's case that satisfy the requirements of this subsection if such arrangements are in force as are necessary for ensuring—

(a) that there will at all times be a Scottish qualifying person who will have day-to-day responsibility for dealing with the source, and for the source's security and welfare;

(b) that there will at all times be another Scottish qualifying person who will have general oversight of the use made of the source;

(c) that there will at all times be a Scottish qualifying person who will have responsibility for maintaining a record of the use made of the source;

(d) that the records relating to the source that are maintained by virtue of paragraph (c) will always contain particulars of all such matters (if any) as may be specified for the purposes of this paragraph in regulations made by the Secretary of State; and

(e) that records maintained by virtue of paragraph (c) that disclose the identity of the source will not be available to persons except to the extent that there is a need for access to them to be made available to those persons.

(5) After subsection (7) insert—

(7A) For the purposes of subsection (4A) a person is a qualifying person if—

(a) the person holds an office, rank or position with a police force whose chief officer of police is a party to the agreement mentioned in subsection (2A)(a); and

(b) persons holding offices, ranks or positions with that force are permitted by the terms of the agreement to have the responsibility mentioned in paragraph (a) or (c) of subsection (4A) or the general oversight mentioned in paragraph (b) of that subsection (as the case may require).

(7B) For the purposes of subsection (4B), a person is a Scottish qualifying person if—

(a) the person holds an office, rank or position with a Scottish police force whose chief constable is a party to the agreement mentioned in subsection (2A)(b); and

(b) persons holding offices, ranks or positions with that force are permitted by the terms of the agreement to have the responsibility mentioned in paragraph (a) or (c) of subsection (4B) or the general oversight mentioned in paragraph (b) of that subsection (as the case may require).

(6) After subsection (9) insert—

(10) For the purposes of this section—

(a) references to a police force are to the following—

(i) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(ii) the metropolitan police force; and

(iii) the City of London police force; and

(b) references to a Scottish police force are to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.

Section 9 Authorisations for surveillance etc

(1) Section 33 of the Regulation of Investigatory Powers Act 2000 (c. 23) (rules for grant of authorisations) is amended as follows.

(2) In subsection (1), at the end insert “ (subject to subsections (1ZB) and (1ZE)) ” .

(3) After subsection (1), insert—

(1ZA) Subsection (1ZB) applies if the chief officer of police of a police force (“the authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief office of police of one or more other police forces.

(1ZB) A person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.

(1ZC) For the purposes of subsection (1ZB) a police force is a collaborative force if—

(a) its chief officer of police is a party to the agreement mentioned in subsection (1ZA); and

(b) its members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the authorising force.

(1ZD) Subsection (1ZE) applies if the chief constable of a Scottish police force (“the Scottish authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces.

(1ZE) A person who is a designated person for the purposes of section 28 or 29 by reference to an office, rank or position with the Scottish authorising force may grant an authorisation under that section on an application made by a member of a collaborative force.

(1ZF) For the purposes of subsection (1ZE) a Scottish police force is a collaborative force if—

(a) its chief constable is a party to the agreement mentioned in subsection (1ZD); and

(b) its members are permitted by the terms of the agreement to make applications for authorisations under section 28 or 29 to a person who is a designated person for the purposes of that section by reference to an office, rank or position with the Scottish authorising force.

(4) In subsection (3), at the beginning insert “ “Subject to subsections (3ZB) and (3ZE),” ” .

(5) After subsection (3) insert—

(3ZA) Subsection (3ZB) applies if—

(a) the chief officer of police of a police force (“the surveillance authorising force”) has made an agreement under section 23(1) of the Police Act 1996 with the chief office of police of one or more other police forces; and

(b) an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.

(3ZB) A person who is a senior authorising officer by reference to the surveillance authorising force may—

(a) grant the authorisation;

(b) in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—

(i) the area of operation of a collaborative force; and

(ii) specified in relation to members of that force in the agreement mentioned in subsection (3ZA).

(3ZC) For the purposes of subsections (3ZA) and (3ZB) a police force is a collaborative force if—

(a) its chief officer of police is a party to the agreement mentioned in subsection (3ZA); and

(b) its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the surveillance authorising force.

(3ZD) Subsection (3ZE) applies if—

(a) the chief constable of a Scottish police force (“the Scottish surveillance authorising force”) has made an agreement under section 12(1) of the Police (Scotland) Act 1967 with the chief constable of one or more other Scottish police forces; and

(b) an application for an authorisation for the carrying out of intrusive surveillance is made by a member of a collaborative force.

(3ZE) A person who is a senior authorising officer by reference to the Scottish surveillance authorising force may—

(a) grant the authorisation;

(b) in a case where the authorisation is for the carrying out of intrusive surveillance in relation to any residential premises, grant the authorisation only in relation to premises in the area which is—

(i) the area of operation of a collaborative force; and

(ii) specified in relation to members of that force in the agreement mentioned in subsection (3ZD).

(3ZF) For the purposes of subsections (3ZD) and (3ZE) a Scottish police force is a collaborative force if—

(a) its chief constable is a party to the agreement mentioned in subsection (3ZD); and

(b) its members are permitted by the terms of the agreement to make applications for authorisations for the carrying out of intrusive surveillance to a person who is a senior authorising officer by reference to the Scottish surveillance authorising force.

(6) After subsection (5) insert—

(5A) In subsections (1ZA) to (1ZC) and (3ZA) to (3ZC) a reference to a police force is to the following—

(a) any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b) the metropolitan police force; and

(c) the City of London police force.

(5B) In subsections (1ZD) to (1ZF) and (3ZD) to (3ZF) a reference to a Scottish police force is to a police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967.

Section 10 Police officers engaged on service outside their force etc

(1) After section 97 of the Police Act 1996 (c. 16) insert—

Power to amend section 97

(97A)

(1) The Secretary of State may by order amend the definition of “relevant service” in section 97(1).

(2) An order under this section may make transitional, consequential, incidental and supplemental provision or savings.

(3) The provision that may be made under subsection (2) includes provision amending any enactment.

(4) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2) After section 11 of the Police Pensions Act 1976 (c. 35) insert—

Power to amend

(11A)

(1) The Secretary of State may by order amend section 11 for the purpose of altering the descriptions of service to which subsection (1) applies.

(2) An order under this section may make transitional, consequential, incidental and supplemental provision or savings.

(3) The provision that may be made under subsection (2) includes provision amending any enactment.

(4) An order under this section shall be made by statutory instrument.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) In section 63(3) of the Police Act 1996 (consultation of Police Advisory Board for England and Wales)—

(a) after paragraph (c) insert

or

(d) an order under section 97A, or

(e) an order under section 11A of the Police Pensions Act 1976 (power to amend kinds of service),

(b) for “draft of the regulations or rules” substitute “ draft of the regulations, rules or order ” .

Section 11 Police equipment

(1) Section 53 of the Police Act 1996 (regulations as to standard of equipment) is amended as follows.

(2) In subsection (1A)—

(a) in paragraphs (a), (b), (c) and (e) for “all police forces in England and Wales” substitute “ one or more police forces ” , and

(b) in paragraph (d) for “police forces in England and Wales” substitute “ one or more police forces ” .

(3) In subsection (1B) for “generally of the police forces maintained for police areas in England and Wales” substitute “ of one or more police forces ” .

(4) In subsection (2C) before paragraph (a) insert—

(za) software;

Section 12 Police procedures and practices

(1) Section 53A of the Police Act 1996 (c. 16) (regulation of procedures and practices) is amended as follows.

(2) In subsection (1) for “all police forces in England and Wales” substitute “ one or more police forces ” .

(3) In subsection (7)(a) after “in order to” insert

—

(i) promote the efficiency and effectiveness of a police force, or

(ii)

Section 13 Police facilities and services

In section 57(3) of the Police Act 1996 (regulations requiring police forces to use specified facilities or services) for “all police forces in England and Wales” substitute “ one or more police forces ” .

Section 14 Paying for sexual services of a prostitute subjected to force etc: England and Wales

After section 53 of the Sexual Offences Act 2003 (c. 42) insert—

Paying for sexual services of a prostitute subjected to force etc.

(53A)

(1) A person (A) commits an offence if—

(a) A makes or promises payment for the sexual services of a prostitute (B),

(b) a third person (C) has engaged in exploitative conduct of a kind likely to induce or encourage B to provide the sexual services for which A has made or promised payment, and

(c) C engaged in that conduct for or in the expectation of gain for C or another person (apart from A or B).

(2) The following are irrelevant—

(a) where in the world the sexual services are to be provided and whether those services are provided,

(b) whether A is, or ought to be, aware that C has engaged in exploitative conduct.

(3) C engages in exploitative conduct if—

(a) C uses force, threats (whether or not relating to violence) or any other form of coercion, or

(b) C practises any form of deception.

(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 15 Paying for sexual services of a prostitute subjected to force etc: Northern Ireland

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Section 16 Amendment to offence of loitering etc for purposes of prostitution

(1) The Street Offences Act 1959 (c. 57) is amended as follows.

(2) In subsection (1) of section 1 (loitering or soliciting for purposes of prostitution)—

(a) for “common prostitute” substitute “ person ” , and

(b) after “female)” insert “ persistently ” .

(3) In subsection (4) of that section after “section” insert

—

(a) conduct is persistent if it takes place on two or more occasions in any period of three months;

(b) any reference to a person loitering or soliciting for the purposes of prostitution is a reference to a person loitering or soliciting for the purposes of offering services as a prostitute;

(c) . 4 Omit section 2 (application to court by person cautioned for loitering or soliciting).

(5) In determining for the purposes of section 1 of the Street Offences Act 1959 (c. 57) (as amended by this section) whether a person's conduct is persistent, any conduct that takes place before the commencement of this section is to be disregarded.

Section 17 Orders requiring attendance at meetings

(1) The Street Offences Act 1959 is amended as follows.

(2) In section 1 (loitering or soliciting for purposes of prostitution) after subsection (2) insert—

(2A) The court may deal with a person convicted of an offence under this section by making an order requiring the offender to attend three meetings with the person for the time being specified in the order (“ the supervisor ”) or with such other person as the supervisor may direct.

(2B) The purpose of an order under subsection (2A) is to assist the offender, through attendance at those meetings, to—

(a) address the causes of the conduct constituting the offence, and

(b) find ways to cease engaging in such conduct in the future.

(2C) Where the court is dealing with an offender who is already subject to an order under subsection (2A), the court may not make a further order under that subsection unless it first revokes the existing order.

(2D) If the court makes an order under subsection (2A) it may not impose any other penalty in respect of the offence.

(3) After section 1 insert—

Orders under section 1(2A): supplementary

(1A)

(1) This section applies to an order under section 1(2A).

(2) The order may not be made unless a suitable person has agreed to act as supervisor in relation to the offender.

(3) In subsection (2) “ suitable person ” means a person appearing to the court to have appropriate qualifications or experience for helping the offender to make the best use of the meetings for the purpose mentioned in section 1(2B).

(4) The order must specify—

(a) a date (not more than six months after the date of the order) by which the meetings required by the order must take place;

(b) the local justice area in which the offender resides or will reside while the order is in force.

(5) The supervisor must determine—

(a) the times of the meetings required by the order and their duration, and

(b) the places at which they are held.

(6) The supervisor must—

(a) make any arrangements that are necessary to enable the meetings required by the order to take place; and

(b) once the order has been complied with, notify the court which made the order of that fact.

(7) The court making the order must provide copies of it to the offender and the supervisor.

(8) Subsection (9) applies where—

(a) the order is made by the Crown Court, or

(b) the order is made by a magistrates' court but specifies a local justice area for which the court making the order does not act.

(9) The court must provide to a magistrates' court acting for the local justice area specified in the order—

(a) a copy of the order, and

(b) any documents and information relating to the case that it considers likely to be of assistance to that court in the exercise of any functions in relation to the order.

(10) The order ceases to be in force (unless revoked earlier under section 1(2C) or under the Schedule to this Act)—

(a) at the end of the day on which the supervisor notifies the court that the order has been complied with, or

(b) at the end of the day specified in the order under subsection (4)(a),

whichever first occurs.

(11) The Schedule to this Act (which relates to failure to comply with orders under section 1(2A) and to the revocation or amendment of such orders) has effect.

(4) At the end of the Act insert the Schedule set out in Schedule 1 to this Act.

Section 18 Rehabilitation of offenders: orders under section 1(2A) of the Street Offences Act 1959

(1) The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.

(2) In section 5 (rehabilitation periods for particular sentences) after subsection (4C) insert—

(4D) The rehabilitation period applicable to an order under section 1(2A) of the Street Offences Act 1959 shall be six months from the date of conviction for the offence in respect of which the order is made.

(3) In section 6 of that Act (the rehabilitation period applicable to a conviction) after subsection (3) insert—

(3A) Without prejudice to subsection (2), where—

(a) an order is made under section 1(2A) of the Street Offences Act 1959 in respect of a conviction,

(b) after the end of the rehabilitation period applicable to the conviction the offender is dealt with again for the offence for which that order was made, and

(c) the rehabilitation period applicable to the conviction in accordance with subsection (2) (taking into account any sentence imposed when so dealing with the offender) ends later than the rehabilitation period previously applicable to the conviction,

the offender shall be treated for the purposes of this Act as not having become a rehabilitated person in respect of that conviction, and that conviction shall for those purposes be treated as not having become spent, in relation to any period falling before the end of the new rehabilitation period.

Section 19 Soliciting: England and Wales

Before section 52 of Sexual Offences Act 2003 (c. 42) (but after the italic heading, which becomes “Prostitution”) insert—

Soliciting

(51A)

(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.

(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) In this section “ street ” has the meaning given by section 1(4) of the Street Offences Act 1959.

Section 20 Soliciting: Northern Ireland

For Articles 60 and 61 of the Sexual Offences (Northern Ireland) Order 2008 ( S.I. 1769 (N.I. 2)) (kerb-crawling and persistent soliciting) substitute—

Soliciting

(60)

(1) It is an offence for a person in a street or public place to solicit another (B) for the purpose of obtaining B's sexual services as a prostitute.

(2) The reference to a person in a street or public place includes a person in a vehicle in a street or public place.

(3) A person guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Section 21 Closure orders

(1) Schedule 2 (which amends the Sexual Offences Act 2003 to make provision about closure orders for premises used for activities related to certain sexual offences) has effect.

(2) For the purposes of sections 136B(3) and (4) and 136D(6) and (7) of the 2003 Act (as inserted by Schedule 2), it does not matter whether the offence or offences were committed before, or on or after, the date on which this section is commenced.

Section 22 Time limits

(1) The Sexual Offences Act 2003 (c. 42) is amended as follows.

(2) After section 132 insert—

Disapplication of time limit for complaints

(132A) Section 127 of the Magistrates' Courts Act 1980 (time limits) does not apply to a complaint under any provision of this Part.

(3) In section 136 (modifications for Northern Ireland) after subsection (4) insert—

(4A) In section 132A the reference to section 127 of the Magistrates' Courts Act 1980 is to be read as a reference to Article 78 of the Magistrates' Courts (Northern Ireland) Order 1981.

(4) The amendments made by this section apply to a complaint made after the commencement of this section even if the matter of complaint arose more than 6 months before the making of the complaint.

Section 23 Foreign travel orders: grounds

(1) In the following provisions of the Sexual Offences Act 2003 for “under 16”, wherever occurring, substitute “ under 18 ”

(a) section 115(2) (definition of “protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom”), and

(b) section 116(2)(b), (c)(ii) and (iii) and (d) (“qualifying offenders”: offences).

(2) The amendments made by this section apply for the purposes of the making, variation, renewal or discharge of orders after the commencement of this section.

Section 24 Foreign travel orders: duration

(1) In section 117(1) of the Sexual Offences Act 2003 (foreign travel orders: effect) for “6 months” substitute “ 5 years ” .

(2) The amendment made by this section applies in relation to orders made, varied or renewed after the commencement of this section.

Section 25 Foreign travel orders: surrender of passports

(1) The Sexual Offences Act 2003 is amended as follows.

(2) After section 117 insert—

Foreign travel orders: surrender of passports

(117A)

(1) This section applies in relation to a foreign travel order which contains a prohibition within section 117(2)(c).

(2) The order must require the defendant to surrender all of the defendant's passports, at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(3) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel order containing a prohibition within section 117(2)(c).

(4) Subsection (3) does not apply in relation to—

(a) a passport issued by or on behalf of the authorities of a country outside the United Kingdom if the passport has been returned to those authorities;

(b) a passport issued by or on behalf of an international organisation if the passport has been returned to that organisation.

(5) In this section “ passport ” means—

(a) a United Kingdom passport within the meaning of the Immigration Act 1971;

(b) a passport issued by or on behalf of the authorities of a country outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.

(3) In section 122 (breach of foreign travel order) after subsection (1) insert—

(1A) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).

(4) The amendment made by subsection (2) applies in relation to orders made, varied or renewed after the commencement of this section.

Section 26 Penalty for contravening notice relating to encrypted information

(1) Section 53 of the Regulation of Investigatory Powers Act 2000 (c. 23) (failure to comply with notice relating to encrypted information) is amended as follows.

(2) In subsection (5A)(a) after “case” insert “ “or a child indecency case” ” .

(3) After subsection (5B) insert—

(6) In subsection (5A) “ a child indecency case ” means a case in which the grounds specified in the notice to which the offence relates as the grounds for imposing a disclosure requirement were or included a belief that the imposition of the requirement was necessary for the purpose of preventing or detecting an offence under any of the provisions listed in subsection (7).

(7) Those provisions are—

(a) section 1 of the Protection of Children Act 1978 (showing or taking etc an indecent photograph of a child: England and Wales);

(b) Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (corresponding offence for Northern Ireland);

(c) section 52 or 52A of the Civic Government (Scotland) Act 1982 (showing or taking etc or possessing an indecent photograph of a child: Scotland);

(d) section 160 of the Criminal Justice Act 1988 (possessing an indecent photograph of a child: England and Wales);

(e) Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (corresponding offence for Northern Ireland).

(4) The amendments made by this section apply in relation to cases in which the section 49 notice was given after the commencement of this section.

Section 27 Regulation of lap dancing and other sexual entertainment venues etc

(1) Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) (control of sex establishments) is amended as follows.

(2) In paragraph 2 (meaning of “sex establishment”) after “means a” insert “ sexual entertainment venue, ” .

(3) After paragraph 2 insert—

Meaning of “sexual entertainment venue”

(2A)

(1) In this Schedule “ sexual entertainment venue ” means any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.

(2) In this paragraph “ relevant entertainment ” means—

(a) any live performance; or

(b) any live display of nudity;

which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).

(3) The following are not sexual entertainment venues for the purposes of this Schedule—

(a) sex cinemas and sex shops;

(b) premises at which the provision of relevant entertainment as mentioned in sub-paragraph (1) is such that, at the time in question and including any relevant entertainment which is being so provided at that time—

(i) there have not been more than eleven occasions on which relevant entertainment has been so provided which fall (wholly or partly) within the period of 12 months ending with that time;

(ii) no such occasion has lasted for more than 24 hours; and

(iii) no such occasion has begun within the period of one month beginning with the end of any previous occasion on which relevant entertainment has been so provided (whether or not that previous occasion falls within the 12 month period mentioned in sub-paragraph (i));

(c) premises specified or described in an order made by the relevant national authority.

(4) The relevant national authority may by order amend or repeal sub-paragraph (3)(b).

(5) But no order under sub-paragraph (4) may—

(a) increase the number or length of occasions in any period on which sub-paragraph (3)(b) as originally enacted would permit relevant entertainment to be provided; or

(b) provide for shorter intervals between such occasions.

(6) The relevant national authority may by order provide for descriptions of performances, or of displays of nudity, which are not to be treated as relevant entertainment for the purposes of this Schedule.

(7) Any power of the relevant national authority to make an order under this paragraph—

(a) is exercisable by statutory instrument;

(b) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and

(c) includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

(8) A statutory instrument containing an order under sub-paragraph (4) may not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(9) A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) A statutory instrument containing an order under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11) A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(12) For the purposes of this paragraph relevant entertainment is provided if, and only if, it is provided, or permitted to be provided, by or on behalf of the organiser.

(13) For the purposes of this Schedule references to the use of any premises as a sexual entertainment venue are to be read as references to their use by the organiser.

(14) In this paragraph—

“ audience ” includes an audience of one;

“ display of nudity ” means—

in the case of a woman, exposure of her nipples, pubic area, genitals or anus; and

in the case of a man, exposure of his pubic area, genitals or anus;

“ the organiser ”, in relation to the provision of relevant entertainment at premises, means any person who is responsible for the organisation or management of—

the relevant entertainment; or

the premises;

“ premises ” includes any vessel, vehicle or stall but does not include any private dwelling to which the public is not admitted;

“ relevant national authority ” means—

in relation to England, the Secretary of State; and

in relation to Wales, the Welsh Ministers;

and for the purposes of sub-paragraphs (1) and (2) it does not matter whether the financial gain arises directly or indirectly from the performance or display of nudity.

(4) In paragraph 9(1) (duration of licence) after “paragraph 16” insert “ or 27A below ” .

(5) In paragraph 12(3) (refusal of licences) for paragraph (c) substitute—

(c) that the number of sex establishments, or of sex establishments of a particular kind, in the relevant locality at the time the application is determined is equal to or exceeds the number which the authority consider is appropriate for that locality;

(6) In paragraph 13 (power to prescribe standard conditions)—

(a) in sub-paragraph (2)(a) after “for” insert “ sexual entertainment venues, ” ,

(b) in sub-paragraph (2)(b) after “of” insert “ sexual entertainment venues, ” , and

(c) in sub-paragraph (3) for paragraph (d) (as originally enacted) substitute—

(d) any change from one kind of sex establishment mentioned in sub-paragraph (2)(a) above to another kind of sex establishment so mentioned.

(7) In paragraph 19 (fees in relation to applications) after “grant,” insert “ variation, ” .

(8) After paragraph 25 (powers of constables and local authority officers) insert—

25A 1 A person acting under the authority of a warrant under paragraph 25(4) may seize and remove anything found on the premises concerned that the person reasonably believes could be forfeited under sub-paragraph (4). 2 The person who, immediately before the seizure, had custody or control of anything seized under sub-paragraph (1) may request any authorised officer of a local authority who seized it to provide a record of what was seized. 3 The authorised officer must provide the record within a reasonable time of the request being made. 4 The court by or before which a person is convicted of an offence under paragraph 20 or 23 of this Schedule may order anything— a produced to the court; and b shown to the satisfaction of the court to relate to the offence; to be forfeited and dealt with in such manner as the court may order. 5 But the court may not order the forfeiture of anything under sub-paragraph (4) if it (whether alone or taken together with other things being forfeited which appear to the court to have been in the custody or control of the same person) is worth more than the amount of the maximum fine specified in paragraph 22(1). 6 Sub-paragraph (7) applies if a person claiming to be the owner of, or otherwise interested in, anything that may be forfeited applies to be heard by the court. 7 The court may not order the forfeiture unless the person has had an opportunity to show why the order should not be made. 9 After paragraph 27(10) (appeals) insert— 10A Sub-paragraph (10) does not apply if the grounds for refusing an application for the renewal of a licence are those set out in paragraph 12(3)(c) or (d) of this Schedule. 10 After paragraph 27 (appeals) insert— Premises which are deemed sexual entertainment venues

(27A)

(1) This paragraph applies if—

(a) premises are subject to a licence for a sexual entertainment venue; and

(b) their use would be use as such a venue but for the operation of paragraph 2A(3)(b).

(2) This Schedule applies as if—

(a) the premises were a sexual entertainment venue; and

(b) the use or business of the premises was use as, or the business of, such a venue.

(3) But the appropriate authority must cancel the licence if the holder of the licence asks them in writing to do so.

(4) In this paragraph “ premises ” has the same meaning as in paragraph 2A.

(11) Schedule 3 (provisions which are transitional on this section) has effect.

Section 28 Selling alcohol to children

In section 147A(1)(a) of the Licensing Act 2003 (c. 17) (offence of selling alcohol to children on different occasions) for “3 or more different occasions” substitute “ 2 or more different occasions ” .

Section 29 Confiscating alcohol from young persons

(1) Section 1 of the Confiscation of Alcohol (Young Persons) Act 1997 (c. 33) (confiscation of alcohol from young persons in a public place etc) is amended as follows.

(2) In subsection (1) omit “and to state his name and address”.

(3) After subsection (1) insert—

(1AA) A constable who imposes a requirement on a person under subsection (1) shall also require the person to state the person's name and address.

(1AB) A constable who imposes a requirement on a person under subsection (1) may, if the constable reasonably suspects that the person is under the age of 16, remove the person to the person's place of residence or a place of safety.

(4) Subsection (1A) is omitted.

(5) In subsection (3) after “subsection (1)” insert “ or (1AA) ” .

(6) In subsection (4) after “that subsection” insert “ or (1AA) ” .

(7) In subsection (6) omit “and (1A)”.

Section 30 Offence of persistently possessing alcohol in a public place

(1) A person under the age of 18 is guilty of an offence if, without reasonable excuse, the person is in possession of alcohol in any relevant place on 3 or more occasions within a period of 12 consecutive months.

(2) “ Relevant place ”, in relation to a person, means—

(a) any public place, other than excluded premises, or

(b) any place, other than a public place, to which the person has unlawfully gained access.

(3) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4) For the purposes of subsection (2) a place is a public place if at the material time the public or any section of the public has access to it, on payment or otherwise, as of right or by virtue of express or implied permission.

(5) In subsection (2) “excluded premises”—

(a) in relation to England and Wales, means—

(i) premises which may by virtue of Part 3 or 5 of the Licensing Act 2003 (c. 17) (premises licence or permitted temporary activity) be used for the supply of alcohol,

(ii) premises which may by virtue of Part 4 of that Act (club premises certificate) be used for the supply of alcohol to members or guests,

(b) in relation to Northern Ireland, means—

(i) licensed premises within the meaning of the 1996 Licensing Order,

(ii) premises of a club registered under the Registration of Clubs (Northern Ireland) Order 1996 (S.I. 1996/3159 (N.I. 23)),

(iii) premises for which an occasional licence (within the meaning of the 1996 Licensing Order) has been granted.

(6) In this section “alcohol”—

(a) in relation to England and Wales, has the same meaning as in the Licensing Act 2003,

(b) in relation to Northern Ireland, has the same meaning as “intoxicating liquor” in the 1996 Licensing Order.

(7) References in this section to the 1996 Licensing Order are to the Licensing (Northern Ireland) Order 1996 (S. I. 1996/3158 (N. I. 22)).

Section 31 Directions to individuals who represent a risk of disorder

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

Section 32 Mandatory licensing conditions relating to alcohol

Schedule 4 (which makes provision about mandatory licensing conditions relating to alcohol) has effect.

Section 33 Individual members of licensing authorities to be interested parties

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 34 Injunctions to prevent gang-related violence and drug-dealing activity

(1) A court may grant an injunction under this section against a respondent aged 14 or over if the first and second conditions are met.

(2) The first condition is that the court is satisfied on the balance of probabilities that the respondent has engaged in or has encouraged or assisted—

(a) gang-related violence, or

(b) gang-related drug-dealing activity.

(3) The second condition is that the court thinks it is necessary to grant the injunction for either or both of the following purposes—

(a) to prevent the respondent from engaging in, or encouraging or assisting, gang-related violence or gang-related drug-dealing activity;

(b) to protect the respondent from gang-related violence or gang-related drug-dealing activity.

(4) An injunction under this section may (for either or both of those purposes)—

(a) prohibit the respondent from doing anything described in the injunction;

(b) require the respondent to do anything described in the injunction.

(5) For the purposes of this section, something is “gang-related” if it occurs in the course of, or is otherwise related to, the activities of a group that—

(a) consists of at least three people, and

(b) has one or more characteristics that enable its members to be identified by others as a group.

(6) In this section “ violence ” includes a threat of violence.

(7) In this Part “ drug-dealing activity ” means—

(a) the unlawful production, supply, importation or exportation of a controlled drug, or

(b) the unlawful production, supply, importation or exportation of a psychoactive substance.

(8) In subsection (7)—

(a) in paragraph (a), “production”, “supply” and “controlled drug” have the meaning given by section 37(1) of the Misuse of Drugs Act 1971;

(b) in paragraph (b), “production”, “supply” and “psychoactive substance” have the meaning given by section 59 of the Psychoactive Substances Act 2016.

Section 35 Contents of injunctions

(1) This section applies in relation to an injunction under section 34.

(2) The prohibitions included in the injunction may, in particular, have the effect of prohibiting the respondent from—

(a) being in a particular place;

(b) being with particular persons in a particular place;

(c) being in charge of a particular species of animal in a particular place;

(d) wearing particular descriptions of articles of clothing in a particular place;

(e) using the internet to facilitate or encourage violence or drug-dealing activity .

(3) The requirements included in the injunction may, in particular, have the effect of requiring the respondent to—

(a) notify the person who applied for the injunction of the respondent's address and of any change to that address;

(b) be at a particular place between particular times on particular days;

(c) present himself or herself to a particular person at a place where he or she is required to be between particular times on particular days;

(d) participate in particular activities between particular times on particular days.

(4) A requirement of the kind mentioned in subsection (3)(b) may not be such as to require the respondent to be at a particular place for more than 8 hours in any day.

(5) The prohibitions and requirements included in the injunction must, so far as practicable, be such as to avoid—

(a) any conflict with the respondent's religious beliefs, and

(b) any interference with the times, if any, at which the respondent normally works or attends any educational establishment.

(6) Nothing in subsection (2) or (3) affects the generality of section 34(4).

(7) In subsection (2) “ place ” includes an area.

Section 36 Contents of injunctions: supplemental

(1) This section applies in relation to an injunction under section 34.

(2) The injunction may not include a prohibition or requirement that has effect after the end of the period of 2 years beginning with the day on which the injunction is granted (“the injunction date”).

(3) The court may order the applicant and the respondent to attend one or more review hearings on a specified date or dates.

(4) If any prohibition or requirement in the injunction is to have effect after the end of the period of 1 year beginning with the injunction date, the court must order the applicant and the respondent to attend a review hearing on a specified date within the last 4 weeks of the 1 year period (whether or not the court orders them to attend any other review hearings).

(4A) Where—

(a) the respondent is under the age of 18 on the injunction date, and

(b) 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.

(5) A review hearing is a hearing held for the purpose of considering whether the injunction should be varied or discharged.

(6) The court may attach a power of arrest in relation to—

(a) any prohibition in the injunction, or

(b) any requirement in the injunction, other than one which has the effect of requiring the respondent to participate in particular activities.

(7) If the court attaches a power of arrest, it may specify that the power is to have effect for a shorter period than the prohibition or requirement to which it relates.

Section 37 Applications for injunctions under section 34

(1) An application for an injunction under section 34 may be made by—

(a) the chief officer of police for a police area,

(b) the chief constable of the British Transport Police Force, or

(c) a local authority.

(2) In this Part “ local authority ” means—

(a) in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county borough council.

Section 38 Consultation by applicants for injunctions

(1) Before applying for an injunction under section 37, the applicant must comply with the consultation requirement.

(2) The consultation requirement is that the applicant must consult—

(a) any local authority, and any chief police officer, that the applicant thinks it appropriate to consult, and

(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

(b) any other body or individual that the applicant thinks it appropriate to consult.

(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.

Section 39 Applications without notice

(1) An application under section 37 may be made without the respondent being given notice.

(2) In this Part, such an application is referred to as an application without notice.

(3) Section 38(1) does not apply in relation to an application without notice.

(4) If an application without notice is made the court must either—

(a) dismiss the application, or

(b) adjourn the proceedings.

(5) If the court acts under subsection (4)(b), the applicant must comply with the consultation requirement before the date of the first full hearing.

(6) In this section “ full hearing ” means a hearing of which notice has been given to the applicant and respondent in accordance with rules of court.

Section 40 Interim injunctions: adjournment of on notice hearing

(1) This section applies if—

(a) the court adjourns the hearing of an application for an injunction under section 34, and

(b) the respondent was notified of the hearing in accordance with rules of court.

(2) The court may grant an interim injunction if it thinks that it is just and convenient to do so.

(3) An interim injunction under this section may include any provision which the court has power to include in an injunction granted under section 34 (including a power of arrest).

Section 41 Interim injunctions: adjournment of without notice hearing

(1) This section applies if—

(a) an application without notice is made by virtue of section 39, and

(b) the proceedings are adjourned (otherwise than at a full hearing within the meaning of that section).

(2) The court may grant an interim injunction if it thinks that it is necessary to do so.

(3) An interim injunction under this section may not have the effect of requiring the respondent to participate in particular activities.

(4) Except as provided by subsection (3), an interim injunction under this section may include any provision which the court has power to include in an injunction granted under section 34 (including a power of arrest).

Section 42 Variation or discharge of injunctions

(1) The court may vary or discharge an injunction under this Part if—

(a) a review hearing is held, or

(b) an application to vary or discharge the injunction is made.

(2) An application to vary or discharge the injunction may be made by—

(a) the person who applied for the injunction;

(b) the respondent.

(3) The power to vary an injunction includes power to—

(a) include an additional prohibition or requirement in the injunction;

(b) extend the period for which a prohibition or requirement in the injunction has effect (subject to section 36(2));

(c) attach a power of arrest or extend the period for which a power of arrest attached to the injunction has effect.

(4) Section 36(4) 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 4 weeks mentioned in it.

(4A) Where—

(a) the respondent is under the age of 18 on the injunction date, and

(b) 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.

(5) Before applying for the variation or discharge of an injunction, a person mentioned in subsection (2)(a) must notify the persons consulted under section 38(1) or 39(5).

(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.

Section 43 Arrest without warrant

(1) This section applies if a power of arrest is attached to a provision of an injunction under this Part.

(2) A constable may arrest without warrant a person whom the constable has reasonable cause to suspect to be in breach of the provision.

(3) If a constable arrests a person under subsection (2), the constable must inform the person who applied for the injunction.

(4) A person arrested under subsection (2) must be brought before a relevant judge within the period of 24 hours beginning with the time of the arrest.

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

(6) In calculating when the period of 24 hours mentioned in subsection (4) ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

(7) In this Part “ relevant judge ”, in relation to an injunction, means a judge of the court that granted the injunction, except that where—

(a) the respondent is aged 18 or over, but

(b) the injunction was granted by a youth court,

it means a judge of the county court.

Section 44 Issue of warrant of arrest

(1) This section applies in relation to an injunction under this Part.

(2) If the person who applied for the injunction considers that the respondent is in breach of any of its provisions, the person may apply to a relevant judge for the issue of a warrant for the arrest of the respondent.

(3) A relevant judge may not issue a warrant on an application under subsection (2) unless the judge has reasonable grounds for believing that the respondent is in breach of any provision of the injunction.

(4) If a person is brought before a court by virtue of a warrant under subsection (3), but the matter is not disposed of, the court may remand the person.

Section 45 Remand for medical examination and report

(1) This section applies in relation to a person who is brought before the relevant judge or the court under section 43 or 44.

(2) If the relevant judge or the court has reason to consider that a medical report will be required, the judge or the court may remand the person under section 43(5) or (as the case may be) 44(4) for the purpose of enabling a medical examination to take place and a report to be made.

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

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

(5) If the relevant judge or 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 judge or the court has the same power to make an order under section 35 of that Act (remand for report on accused's medical condition) as the Crown Court has under that section in the case of an accused person (within the meaning of that section).

Section 46 Further provision about remands

Schedule 5 (which makes further provision about the remand of a person under sections 43(5) and 44(4)) has effect.

Section 46A Breach of injunction: supplementary powers in respect of under-18s

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.

Section 46B Appeals against decisions of youth courts

(1) An appeal lies to the Crown Court against a decision of a youth court made under this Part.

(2) On an appeal under this section the Crown Court may make—

(a) whatever orders are necessary to give effect to its determination of the appeal;

(b) whatever incidental or consequential orders appear to it to be just.

(3) An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a youth court) is to be treated for the purposes of section 42 as an order of a youth court.

Section 47 Guidance

(1) The Secretary of State must issue guidance relating to injunctions under this Part .

(2) The Secretary of State may revise any guidance issued under subsection (1).

(3) Before issuing or revising any guidance under this section the Secretary of State must consult the Lord Chief Justice of England and Wales and such other persons as the Secretary of State thinks appropriate.

(4) The Secretary of State must lay any guidance issued or revised under this section before Parliament.

(5) The Secretary of State must publish any guidance issued or revised under this section.

(6) Each of the following must have regard to any guidance published under subsection (5)—

(a) a chief officer of police for a police area;

(b) the chief constable of the British Transport Police Force;

(c) a local authority.

Section 48 Supplemental

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Rules of court may provide that an appeal from a decision ... to which this subsection applies may be made without notice being given to the respondent.

(3) Subsection (2) applies—

(a) to a decision under section 39(4)(a) that an application without notice be dismissed, and

(b) to a decision to refuse to grant an interim injunction under section 41.

(4) In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—

(a) provide for the transfer of the proceedings from a youth court to the High Court or the county court;

(b) prescribe circumstances in which the proceedings may or must remain in a youth court.