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Policing and Crime Act 2009


9.Part 1 (Police reform) places an additional duty on police authorities to have regard to the public’s views on policing in their area and to require Her Majesty’s Inspectorate of Constabulary (HMIC) to report on this as part of their inspections of police authorities. Part 1 also contains provisions relating to the appointment of senior officers and establishes the Police Senior Appointments Panel on a statutory footing. Part 1 also contains provisions aimed at improving the co-operation of police forces and authorities at a regional and national level. These provisions were consulted on through the Policing Green Paper – From the Neighbourhood to the National: Policing our Communities Together published in July 2008.

10.Part 2 (Sexual offences and sex establishments) contains provisions aimed at reducing the demand for prostitution and shifting the focus of enforcement from those working as prostitutes to those who pay for sex. The provisions include a new offence of paying for sex with someone who has been subject to exploitative conduct and give the courts the power to make premises closure orders where there is evidence of the premises being used for activities relating to certain prostitution and pornography offences. Provisions are also included which amend the existing offences of kerb-crawling and persistent soliciting so that offenders can be prosecuted for these offences without the need to prove “persistence”. These provisions implement recommendations from Tackling the Demand for Prostitution: A Review. Measures also include the creation of orders requiring attendance at meetings, which can be used by courts as an alternative to a fine for those convicted of loitering or soliciting contrary to section 1 of the Street Offences Act 1959.

11.In addition, Part 2 of the Act amends the civil orders that can be imposed on sex offenders; in particular foreign travel orders which can be imposed to prevent convicted sex offenders from travelling abroad. The provisions extend the maximum duration of such an order from six months to five years, allow for the removal of passports from those who are banned from worldwide travel and extend the maximum age of a child who must be at risk from the offender before such an order can be made from 16 to 18. Part 2 also increases the maximum sentence on indictment for failure to comply with a notice relating to encrypted information in relation to ‘a child indecency case’ to five years imprisonment. Part 2 also changes how lap dancing is licensed so that it is treated in the same way as other sex establishments.

12.Part 3 (Alcohol misuse) contains provisions intended to reduce alcohol misuse by amending police powers to deal with young people drinking alcohol in public. Part 3 also introduces stricter provisions for people who sell alcohol to young people and new powers to allow members of a licensing authority to act as interested parties and make representations. There are also provisions allowing the Secretary of State to create, through secondary legislation, mandatory licensing conditions relating to alcohol. These provisions have been consulted on in the Government publications Youth Alcohol Action Plan and Safe, Sensible, Social – Consultation on further action’.

13.Part 4 (Injunctions: gang-related violence) contains provisions which allow the police or a local authority to apply to a county court or the High Court for an injunction against an individual for the purposes of preventing gang-related violence. The Government intends these provisions to serve the purpose of:

  • preventing acts of serious violence from occurring;

  • breaking down gang culture and preventing younger gang members’ behaviour from escalating;

  • providing an opportunity for local agencies to engage with gang-members and develop effective strategies for them to exit the gang.

14.Part 5 (Proceeds of crime) contains provisions which give police, other law enforcement agencies, and prosecutors additional powers to improve the recovery of criminal assets. These powers include enabling law enforcement authorities to search a vehicle for cash that is suspected to have been obtained through, or intended for use in, unlawful conduct, and to obtain the forfeiture of detained cash without a magistrates’ court order in uncontested cases. Part 5 introduces new powers to allow for the search and seizure and retention of property that might be sold in satisfaction of a confiscation order. The limitation period for bringing proceedings for the civil recovery of property obtained through unlawful conduct is extended from 12 to 20 years.

15.Part 6 (Extradition) contains provisions to ensure that the UK is in a position to execute European Arrest Warrant (EAW) alerts transmitted via the second generation Schengen Information System (SIS II). These provisions also enable a European Union Member State which has made a request for provisional arrest to apply for an extra 48 hours in which to formally issue an EAW. A provision also allows preliminary and remand hearings conducted under the Extradition Act 2003 to take place by video link and without the consent of the person whose extradition is sought. The Act also amends and clarifies a number of provisions within the Extradition Act 2003 on temporary surrender in relation to incoming and outgoing extradition requests.

16.Part 7 (Aviation security) contains provisions for a new process designed to enhance airport security planning by ensuring airports undertake an assessment of the threats to the airport and draw up a risk register. It also makes provision about the payment of the costs of policing at airports. These provisions implement the recommendations in the Independent Review of Airport Policing in 2006.

17.Part 8 (Chapter 1: safeguarding vulnerable groups and criminal records) contains provisions which change the name of the Independent Barring Board to the Independent Safeguarding Authority (ISA) and enable volunteers who initially become registered with the ISA to be charged a fee when they move into paid activity. Provisions also make changes relating to the checking of school governors in particular.

18.Chapter 1 also includes provisions allowing the Criminal Records Bureau to supply criminal convictions certificates to employers and to include “right to work” information on standard and enhanced disclosures. Provisions also enable the Secretary of State to prescribe other methods of verification of identity for such certificates and determine the form, content and manner of application forms under Part V of the Police Act 1997 and the Safeguarding Vulnerable Groups Act 2006.

19.Provisions in Part 8 (Chapter 2: other) amend powers of Revenue and Customs officers and UK Border Agency staff to open and examine international postal packets for the purpose of preventing smuggling. They also give wider powers to Revenue and Customs officers to question travellers and require the production of passports and travel documents for customs purposes. The changes also confirm that criminal cash crossing frontiers is “goods” for customs purposes and prohibit the importation of false identity documents. There are also provisions to clarify the respective powers of the Scottish Executive and the UK Government to ban offensive weapons to ensure import controls are consistent across the UK. Since Royal Assent of the Borders, Citizenship and Immigration Act in July 2009, designated officers within the UK Border Agency also have the power to carry out customs functions.

20.Miscellaneous - Chapter 2 also includes provisions to ensure that those subject to football banning orders in England and Wales are banned from attending regulated football matches in Scotland and Northern Ireland.

21.Part 8 (Chapter 2: other) contains a provision to place the Scottish Drugs Enforcement Agency (SCDEA) and the Serious Organised Crime Agency on the same footing as police forces in terms of dealing with an armed threat and purchasing and storing CS sprays and firearms. There is also provision to confirm that the SCDEA can obtain a warrant under section 23(3) of the Misuse of Drugs Act 1971. The provisions further allow for providers of probation services to become responsible authorities on a Crime and Disorder Reduction Partnership (CDRP) in England or Community Safety Partnership (CSP) in Wales and places CDRPs and CSPs under a statutory duty to formulate and implement a strategy for the reduction of re-offending in their area. There are also several repeals of unused or uncommenced legislation.

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