Policing and Crime Act 2017

Overview of the Act

1. In the 2010 to 2015 Parliament, the previous Government implemented a series of policing reforms, including the replacement of police authorities with directly elected Police and Crime Commissioners ("PCCs"), the creation of the National Crime Agency ("NCA"), the setting up of the College of Policing to drive professional standards, the strengthening of Her Majesty’s Inspectorate of Constabulary ("HMIC"), and extending the powers and resources of the Independent Police Complaints Commission ("IPCC").
2. In May 2015, the Government was elected with manifesto commitments to "finish the job of police reform", "enable fire and police services to work more closely together and develop the role of our elected and accountable Police and Crime Commissioners" and "overhaul the police complaints system". This Act contains a number of measures to support the delivery of those commitments.
3. The purpose of the Act is to further improve the efficiency and effectiveness of police forces, including through closer collaboration with other emergency services; enhance the democratic accountability of police forces and fire and rescue services; build public confidence in policing; strengthen the protections for persons under investigation by, or who come into contact with, the police; ensure that the police and other law enforcement agencies have the powers they need to prevent, detect and investigate crime; and further safeguard children and young people from sexual exploitation.
4. The Act is in nine parts:
5. Part 1 places a duty on police, fire and rescue and ambulance services to collaborate, and enables PCCs to take on responsibility for the governance of fire and rescue services. Further, it enables PCCs and combined authority mayors with responsibility for both policing and fire to put in place a single chief officer for both services. This part also seeks to strengthen the current inspection powers under the Fire and Rescue Services Act 2004 in order to ensure an independent inspection regime for fire and rescue services in England.
6. Part 2 reforms the police complaints and disciplinary systems, including the governance of the IPCC, provides for a new system of "super-complaints" and confers new protections on police whistle-blowers. This part also aims to further strengthen the independence of HMIC and to ensure that it is able to deliver end-to-end inspections of the police, including by inspecting contractors and third parties who carry out policing functions.
7. Part 3 enables chief officers of police to confer a wider range of policing powers on police civilian staff and volunteers (excluding those reserved for warranted police officers) and confers on the Home Secretary a power to specify police ranks in regulations. This part also updates the core purpose of the Police Federation for England and Wales and makes it subject to the Freedom of Information Act 2000 ("the FOI Act").
8. Part 4 contains a number of reforms to police powers, including in relation to: pre-charge bail to introduce a presumption in favour of release without bail and statutory time limits and judicial oversight of extensions of bail beyond three months; a new offence of breaching pre-charge bail conditions that relate to travel restrictions in terrorism cases; powers to enable the retention of DNA profiles and fingerprints of those convicted outside of England and Wales; the powers under sections 135 and 136 of the Mental Health Act 1983 ("the 1983 Act") in respect of persons experiencing a mental health crisis, including banning the use of police cells for the detention of under-18s and reducing the maximum period of detention; the extension of police powers to investigate offences committed on vessels operating at sea where UK courts have jurisdiction; amendments to the Police and Criminal Evidence Act 1984 ("PACE") to ensure that 17 year olds who are detained in police custody are treated as children for all purposes, and to enable greater use of video-link technology; and cross-border powers of arrest to enable a person who commits an offence in one UK jurisdiction to be arrested without warrant by an officer in another jurisdiction.
9. Part 5 makes further provision in respect of the term of office of Deputy PCCs to enable them to be eligible for appointment as an acting PCC in the event of the office of PCC falling vacant mid-term. This part also provides for changes to the names of police areas to be made by regulations.
10. Part 6 seeks to better protect the public by amending the Firearms Acts so as to close loopholes that can be exploited by criminals and terrorists and by ensuring that, through statutory guidance, there is a consistent approach by chief officers of police to the consideration of applications for firearm and shotgun certificates. This part also provides for the full cost recovery, through the levying of fees, of the Home Office’s (and Scottish Government’s) licensing functions in respect of companies trading in prohibited weapons, museums with firearms collections and shooting clubs. In addition, this part criminalises the possession of pyrotechnic articles at musical events.
11. Part 7 amends the Licensing Act 2003 ("the 2003 Act") to improve the effectiveness of the alcohol licensing regime in preventing crime and disorder, including provision for cumulative impact assessments and amendments to the late night levy.
12. Part 8 seeks to strengthen the enforcement regime for financial sanctions by increasing the maximum custodial sentence on conviction for breaching sanctions, expanding the range of enforcement options, including a new system of monetary penalties, and by providing for the immediate implementation of UN-mandated sanctions.
13. Part 9 contains miscellaneous and general provisions, including: to provide pardons for individuals, living or deceased, who were convicted of now repealed gay sex offences; an amendment to the Sexual Offences Act 2003 ("SOA") to provide that the offences in relation to child sexual exploitation cover the streaming or transmission of indecent images of children; introducing lifelong anonymity for victims of forced marriage; increases in the maximum sentence for more serious stalking and harassment offences; and a power to issue statutory guidance to local taxi and private hire vehicle licensing authorities in relation to the safeguarding of children and vulnerable individuals. This Part also contains provision to require arrested persons to state their nationality, for suspected foreign nationals to produce their nationality document(s) following arrest and for defendants in criminal proceedings to provide their name, date of birth and nationality to the court. It extends powers to seize cancelled British passports away from ports to invalid foreign passports and travel documents and restores littering powers for Scottish local authorities to issue litter abatement notices and street litter control notices.