Police and Justice Act 2006

1. Introduction

2. Summary

   1. Part 1 – Police Reform

   2. Part 2 – Powers of police etc.

   3. Part 3 – Crime and anti-social behaviour

   4. Part 4 – Inspectorates

   5. Part 5 – Miscellaneous

   6. Part 6 – Supplemental

3. Background

4. Territorial Extent

5. The Act

   1. Commentary on Sections

      1. Part 1: Police Reform

         1. Section 1 and Schedule 1: the National Policing Improvement Agency

         2. Paragraph 1: The Agency’s Objects

         3. Paragraph 2: The Agency’s principal power

         4. Paragraph 3: Meaning of “listed police force” and “restrictedly listed police force” in paragraphs 1 and 2

         5. Paragraph 4: Consultation – exercise of the powers in relation to Scotland and Northern Ireland

         6. Paragraph 5: Annual Plans

         7. Paragraph 6: Strategic Priorities

         8. Paragraph 7: Chairman and other members

         9. Paragraphs 8 to 10: Tenure

         10. Paragraph 11: Re-appointment

         11. Paragraph 12: Remuneration, pensions etc of appointed members

         12. Paragraphs 13 to 16: Staff

         13. Paragraph 17: Status of staff members as constables

         14. Paragraph 18: Constables employed by the agency: conditions of service

         15. Paragraph 19: Regulations for constables employed by the Agency

         16. Paragraph 20: Liability for acts of police members of staff

         17. Paragraph 21: Payment of amounts in connection with unlawful conduct of any staff

         18. Paragraph 22: Committees and sub-committees

         19. Paragraphs 23 and 24: Procedure

         20. Paragraphs 25 and 26: Application of seal and proof of documents

         21. Paragraph 27: Status

         22. Paragraph 28: Annual reports

         23. Paragraph 29: Reports to Secretary of State

         24. Paragraphs 30 to 32: Inspection and post-inspection direction

         25. Paragraph 33: Payments by Secretary of State to the Agency

         26. Paragraph 34: Charges by the Agency and other receipts

         27. Paragraph 35: Payments by Agency to police authorities

         28. Paragraph 36: Accounts

         29. Paragraphs 38 to 42: Property rights and liabilities

         30. Paragraph 43: Effect of transfer of employees

         31. Paragraph 44: Staff on secondment

         32. Paragraph 45: Deciding matters under a scheme

         33. Paragraph 46: Supplementary provision

         34. Paragraph 47: Interpretation

         35. Paragraph 48: Power to modify objects, functions and structure of the Agency

         36. Paragraphs 49 to 92: Consequential amendments

             1. New Section 16A of Police Reform Act 2002: the Agency and the IPCC

             2. New Section 26B of Police Reform Act 2002: National Policing Improvement Agency

         37. Section 2 and Schedule 2: Amendments to the Police Act 1996

         38. Paragraphs 1 to 6: Membership etc of police authorities

         39. Paragraphs 7 and 8: Functions of police authorities

         40. Paragraphs 9 to 13: Police authorities: objectives, plans and reports

         41. Paragraphs 14 and 15: Appointment of deputy chief constables etc

         42. Paragraphs 16 and 17: Civilian employees of police authorities

         43. Paragraphs 18 to 20: Clerks to police authorities renamed chief executives

         44. Paragraphs 21 to 23: Jurisdiction of special constables

         45. Paragraphs 24 to 26: Secretary of State’s strategic functions in relation to police authorities

         46. Paragraphs 27 to 29: Power to give directions to police authority or chief officer of police

             1. New section 40 of the Police Act 1996: Power to give directions in relation to police force

             2. New section 40A of the Police Act 1996: Power to give directions in relation to police authority

             3. New Section 40B of the 1996 Act: Procedure for directions under section 40 or 40A

         47. Paragraph 30: Arrangements for obtaining the views of the community on policing

         48. Section 3: Delegation of police authority functions

         49. Section 4: Police authorities as best value authorities

         50. Section 5 and Schedule 3: Power to merge schemes

         51. Section 6 and Schedule 4: Statutory consultation requirements

         52. Section 7: Standard powers and duties of community support officers

         53. Section 8: Community support officers: power to deal with truants

         54. Section 9 and Schedule 5: Exercise of police powers by civilians

      2. Part 2: Powers of police etc

         1. Section 10 and Schedule 6: Police bail

         2. Section 11: Power to detain pending DPP’s decision about charging

         3. Section 12: Power to stop and search at aerodromes

         4. Section 13: Supply of information to police etc by Registrar General

         5. Section 14: Information gathering powers: extension to domestic flights and voyages

         6. Section 15: Accreditation of weights and measures inspectors

         7. Schedule 7: Powers exercisable by accredited inspectors

         8. Section 16: Power to apply accreditation provisions

         9. Section 17: Conditional cautions: types of cautions

         10. Section 18: Arrest for failing to comply with conditional caution

      3. Part 3: Crime and anti-social behaviour

         1. Section 19: Local authority scrutiny of crime and disorder matters

         2. Schedule 8: Further provision about crime and disorder committees of certain local authorities

         3. Section 20: Guidance and regulations regarding crime and disorder matters

         4. Section 21: Joint crime and disorder committees

         5. Section 22: Amendments to the Crime and Disorder Act 1998

         6. Schedule 9: Amendments to the Crime and Disorder Act 1998

         7. Section 23: Parenting contracts: local authorities and registered social landlords

            1. New section 25A: Parenting contracts in respect of anti-social behaviour: local authorities

            2. New section 25B: Parenting contracts in respect of anti-social behaviour: registered social landlords

         8. Section 24: Parenting orders: local authorities and registered social landlords

            1. New section 26A: Parenting orders in respect of anti-social behaviour: local authorities

            2. New section 26B: Parenting orders in respect of anti-social behaviour: registered social landlords

            3. New section 26C: Applications under section 26A or 26B in county court proceedings

         9. Section 25: Contracting out of local authority functions with regard to parenting contracts and parenting orders

         10. Section 26: Anti-social behaviour injunctions

         11. Section 27 and Schedule 10: Injunctions in local authority proceedings: power of arrest and remand

      4. Part 4: Inspectorates

         1. Section 28: Her Majesty’s Chief Inspector of Prisons

      5. Part 5: Miscellaneous

         1. Section 34: Sentences of imprisonment for bail offences

         2. Section 35: Unauthorised access to computer material

         3. Section 36: Unauthorised acts with intent to impair operation of computer, etc

         4. Section 37: Making, supplying or obtaining articles for use in computer misuse offences

         5. Section 38: Transitional and saving provision

         6. Section 39: Forfeiture of indecent photographs of children: England and Wales

         7. Schedule 11: Schedule to be inserted into the Protection of Children Act 1978

         8. Section 40: Forfeiture of indecent photographs of children: Northern Ireland

         9. Section 41: Immigration and asylum enforcement functions: complaints and misconduct

         10. Section 42 and Schedule 13: Amendments to the Extradition Act 2003 etc

         11. Paragraphs 1 and 2: Requests for extradition of persons unlawfully at large

         12. Paragraph 3: Restriction on extradition following transfer from International Criminal Court

         13. Paragraphs 4 to 6: Restriction on extradition in cases where trial in United Kingdom more appropriate

         14. Paragraph 7: Remand of persons serving sentence in United Kingdom

         15. Paragraph 8: Remands in connection with appeal proceedings

         16. Paragraph 9: Time for extradition

         17. Paragraphs 10 to 14: Extradition of person serving sentence in United Kingdom

         18. Paragraphs 15 and 16: “The appropriate judge”

         19. Paragraph 17: Extradition to category 2 territories: requests and certificates

         20. Paragraph 18: Time for representations and consideration of case under Part 2

         21. Paragraph 19: Applications for discharge or for extension of time limit

         22. Paragraph 20: Scotland: references to Secretary of State

         23. Paragraph 21: Issue of part 3 warrant: persons unlawfully at large who may be arrested without domestic warrant

         24. Paragraph 22: Issue of part 3 warrant: domestic warrant issued at common law by judge in Northern Ireland

         25. Paragraph 23: Dealing with person for pre-extradition offences following extradition to UK

         26. Paragraph 24: Extradition requests to territories not applying European framework decision to old cases

         27. Paragraph 25: Extradition of serving prisoners

         28. Paragraph 26: Authentication of receivable documents

         29. Paragraphs 27 to 30: Powers of High Court in relation to bail decisions by magistrates’ courts etc

         30. Paragraphs 31 to 33: Credit against sentence for periods of remand in custody of persons extradited to UK

         31. Paragraphs 34 and 35: Amendments consequential on amendments in Part 1

         32. Section 43: Designation of the United States of America

         33. Section 44: Repatriation of foreign national prisoners

         34. Section 45: Attendance by accused at certain preliminary or sentencing hearings

         35. Section 46: Live Link bail

         36. Section 47: Evidence of vulnerable accused

         37. Section 48: Appeals under Part 1 of the Criminal Appeal Act 1968

      6. Part 6: Supplemental

         1. Section 49: Orders and regulations

         2. Section 50: Money

         3. Section 51: Power to make consequential amendments and transitional provisions etc

         4. Section 52 and Schedules 14 and 15: Amendments and repeals

         5. Section 53: Commencement

         6. Section 54: Extent

         7. Section 55: Short title

6. Commencement Date

7. Hansard References

8. ANNEX A GLOSSARY

9. ANNEX B OFFENCES FOR WHICH A PENALTY NOTICE FOR DISORDER MAY BE GIVEN