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Police and Justice Act 2006

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Police and Justice Act 2006. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

    1. Part 1 – Police Reform

    2. Part 2 – Powers of police

    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 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

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

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

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

        40. Paragraphs 1 to 6: Membership of police authorities

        41. Paragraphs 7 and 8: Functions of police authorities

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

        43. Paragraphs 14 and 15: Appointment of deputy chief constables

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

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

        46. Paragraphs 21 to 23: Jurisdiction of special constables

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

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

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

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

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

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

        53. Section 3: Delegation of police authority functions

        54. Section 4: Police authorities as best value authorities

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

        56. Section 6 and Schedule 4: Statutory consultation requirements

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

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

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

      2. Part 2: Powers of police

        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 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

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

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

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

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

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

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

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

        15. Section 26: Anti-social behaviour injunctions

        16. 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,

        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

        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

        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

        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

  • Explanatory Notes Table of contents

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Explanatory Notes

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