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Policing and Crime Act 2009

Background and Summary

3.The Act places a duty on police authorities to have regard to the public’s views on policing in their area and for this duty to be recognised in inspections of police authorities. The Act also gives statutory status and greater independence to the Police Senior Appointments Panel to advise the Secretary of State as well as police authorities on matters relating to senior officer appointments and succession planning. It also includes measures related to collaborative working among police forces and police authorities and repeals unused or uncommenced legislation.

4.The Act contains measures to protect vulnerable groups by including provisions which aim to reduce the demand for prostitution and increasing police powers to close premises associated with prostitution. The Act also includes measures to clarify the circumstances in which sex offender prevention orders and foreign travel orders can be applied for and allow the Criminal Records Bureau (CRB) to disclose ‘right to work’ checks to employers.

5.The Act contains provisions intended to prevent low-level crime and disorder by introducing mandatory licensing conditions relating to alcohol; amending police powers to deal with children drinking alcohol in public; introducing stricter provisions for people who sell alcohol to children; providing for the mutual recognition of football banning orders between Scotland, Northern Ireland and England and Wales. The Act also introduces a specific injunction intended to reduce gang-related violence.

6.The provisions of the Act implement the main recommendations of the Asset Recovery Action Plan (2007) and seek to strengthen the arrangements for recovery of assets obtained through criminal means. The Act seeks to improve the arrangements for judicial co-operation in relation to extradition and to streamline the process of extradition. It also includes measures aimed at strengthening customs powers at the border.

7.The Act contains provisions which implement the key recommendations of the Independent Review of Airport Policing by requiring the majority of airports to agree a local airport security plan with key stakeholders and allowing the police to recover policing costs.

8.Prior to the introduction of the Act in the House of Commons, the Government undertook extensive consultation on possible measures for inclusion in the Act; the consultation documents include Youth Crime Action Plan; From the Neighbourhood to the National: Policing our Communities Together; Youth Alcohol Action Plan, Safe, Sensible, Social – Consultation on further action.

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Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

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