Policing and Crime Act 2017

Policy background

Emergency services collaboration

14. In May 2015, the Government was elected with a manifesto commitment to "enable fire and police services to work more closely together and develop the role of our elected and accountable Police and Crime Commissioners".

Governance

15. Directly elected PCCs are responsible for the governance of the police; fire and rescue authorities ("FRAs") are responsible for the fire and rescue service; and NHS trusts or NHS foundation trusts are responsible for ambulance services.
16. There are 37 PCCs in England (excluding London). In London, the Mayor’s Office for Policing and Crime ("MOPAC") is the strategic oversight body which sets the direction and budget for the Metropolitan Police Service on behalf of the Mayor. The Common Council of the City of London is the police authority for the City of London police area.
17. The Local Democracy, Economic Development and Construction Act 2009 ("the 2009 Act") (as amended by the Cities and Local Government Devolution Act 2016) includes provisions which enable the transfer of fire and rescue and/or PCC functions to the elected mayor of a combined authority area. The Greater Manchester 'devolution deal' will establish a combined authority mayor from May 2017, and includes the transfer of fire and rescue and PCC functions. This will be implemented via secondary legislation drawing on the powers in the 2009 Act.
18. There are 45 FRAs in England comprising:

• 6 metropolitan authorities: stand-alone authorities, serving the communities of groupings of metropolitan district councils;
• 23 combined authorities: stand-alone authorities, serving the communities of combined county council and unitary authority areas;
• 15 county authorities: integrated within an individual county council or unitary authority;
• London Fire and Emergency Planning Authority ("LFEPA"): a body of the Greater London Authority.

19. In England, excluding London, 28 PCCs have police areas that are coterminous with FRA boundaries. A further five PCCs have police areas that are coterminous with the boundaries of the FRAs in their area when taken together, and only four PCCs have police areas which do not align with FRA boundaries. Annex B shows police areas and FRA areas in England.
20. There are 11 NHS trusts in England that provide ambulance services; five of which are currently NHS foundation trusts. An ambulance trust is governed by a trust board made up of a non-executive chairman, a selection of the service’s executive directors (including the chief executive) and a selection of non-executive directors. NHS foundation trusts also have a council of governors, which represents the interests of foundation trust members and the public, and holds the trust’s non-executive directors to account for the performance of the board.
21. Most NHS ambulance trusts encompass several police areas within their boundaries. For instance, North East Ambulance Service NHS Trust serves a region consisting of three PCC areas: Cleveland, Durham and Northumbria. Only four police areas are served by more than one ambulance trust: Derbyshire, Hampshire, Humberside and Northamptonshire.

Demand on the emergency services

22. Crimes traditionally measured by the independent Crime Survey for England and Wales have fallen by a third since 20101. However, a College of Policing analysis of demands on policing (Estimating demand on the police service, College of Policing, 2015) found some evidence to suggest that an increasing amount of police time is directed towards public protection work such as managing high-risk offenders and protecting vulnerable victims. Such cases often require considerable police resource.
23. Incidents attended by fire and rescue services in England have been on a long-term downward trend. Despite a small increase in 2015/16, the number of incidents in 2015/16 was 37% lower than a decade ago2. There has also been a long-term downward trend in fire-related deaths and casualties for many years, recently reaching historically low levels. Fire-related fatalities in accidental dwelling fires, which accounted for almost two-thirds of all fire-related fatalities, increased by 24 (14%) from 167 in 2014/15 to 191 in 2015/16[2]. This is a decrease of 15% over the last 10 years3. This could be attributed to a range of factors including fire prevention work, public awareness campaigns, standards to reduce flammability such as furniture regulations, and the growing prevalence of smoke alarm ownership in homes (rising from 8% ownership in 1998 to 88% working ownership in 2015/164).
24. Conversely, there is increasing demand on the ambulance service. Total calls to the ambulance switchboard have increased by 30% from just over 8 million in 2011/12 to just over 10.5 million in 2015/16 (with over 6,500 more emergency calls every day) and emergency responses to the most urgent calls have increased by 33%.
25. This changing profile of demand has led to a greater use of collaboration as a way to deliver services.

Collaboration

26. The Public Accounts Committee’s 2011 report, Transforming NHS Ambulance Services (46th Report of Session 2010/12, HC1353), found varying levels of collaboration between NHS ambulance, fire and police services and recommended that collaboration should be strengthened. The report also found that, although NHS ambulance services collaborate with fire and rescue services and police forces in some areas, there is scope for a more systematic approach to sharing procurement and back office services across the emergency services.
27. In December 2012 the then Government commissioned Sir Ken Knight, the outgoing Chief Fire and Rescue Advisor (2007 to 2013), to conduct an independent review of efficiency in the provision of fire and rescue in England. His report Facing the future: findings from the review of efficiencies and operations in fire and rescue authorities in England, published May 2013, said: "Efficiency and quality can be driven through collaboration outside the fire sector, particularly with other blue-light services" and recommended that: "National level changes to enable greater collaboration with other blue-light services, including through shared governance, co-working and co-location, would unlock further savings."
28. Since 2010, the Government has invested over £88 million in local blue light collaboration projects (Fire Transformation Fund, Transformation Challenge Award and Police Innovation Fund) and supports the Emergency Services Collaboration Working Group, formed in September 2014, which brings together senior leaders from the blue light services with the aim of improving collaboration. The group has stated: "with an increasing demand for some of our services, coupled with the current and expected restrictions on funding, collaboration provides opportunities to truly innovate and save money."5
29. The group has compiled a national overview of collaboration6, which it updated in November 20167, and published research8 to build the evidence base. The research has identified a number of collaboration opportunities ranging in scale of complexity from the sharing of control rooms and estates through to joint training programmes and the merging of local emergency service budgets and governance structures.
30. On 11 September 2015, the Home Secretary launched a joint Home Office, Department for Communities and Local Government and Department for Health consultation paper to seek views on proposals to improve joint working between the emergency services and enhance local accountability (House of Commons, Official Report, columns 22WS to 23WS). In a written ministerial statement on 26 January 2016 (House of Commons, Official Report, HCWS489), the Home Secretary set out the Government’s response to the consultation, including a commitment to bring forward legislation:

• introducing a high level duty to collaborate on the three emergency services to improve efficiency or effectiveness;
• enabling PCCs to take on the functions and duties of FRAs, where a local case is made (the proposed process for this is illustrated at annex C);
• where a PCC takes on the responsibilities of an FRA, enabling him or her to create a single employer for police and fire staff, facilitating the sharing of back office functions and streamlining management;
• enabling PCCs to be represented on FRAs, in areas where such authorities remain in place;
• bringing fire and rescue services in London under the direct responsibility of the Mayor of London by abolishing the London Fire and Emergency Planning Authority.

31. Chapters 1 to 3 of Part 1 of the Act give effect to these reforms.

Inspection of fire and rescue services

32. Powers for the inspection of fire and rescue authorities are provided for in section 28 of the Fire and Rescue Services Act 2004. However, the inspection powers in the 2004 Act are currently dormant. Instead, fire and rescue authorities rely on a system of peer review, whereby an FRA can commission a 'Fire Peer Challenge', under a framework developed by the Local Government Association and Chief Fire Officers Association.
33. The Home Secretary, in her speech at a Reform event on 24 May 2016, announced her intention of creating a robust inspection framework for fire and rescue. She said:

"To help fire and rescue authorities and PCCs hold their service to account and to drive closer scrutiny by taxpayers and communities, I intend to bring forward proposals to establish a rigorous and independent inspection regime for fire and rescue in England. I will shortly table amendments to the Policing and Crime Bill to strengthen the inspection powers in the Fire and Rescue Services Act 2004 to put beyond doubt the powers of fire inspectors to enter premises and access information, and to ensure the Government has the power to commission inspections of particular issues or fire and rescue services. Because it is only by understanding problems and holding services accountable that we can begin to fix them."

34. The changes are intended to create an inspection framework similar to the current framework for police forces. Chapter 4 of Part 1 gives effect to these changes.

Police complaints and discipline

The complaints system

35. The police complaints system is the mechanism by which the public may raise their concerns about the service they receive from their police force. The operation of the complaints system and the outcomes it achieves play an important role in ensuring that the police continue to exercise their powers fairly and legitimately in the eyes of the public.
36. The IPCC oversees the whole of the police complaints system and it has a statutory duty to ensure that public confidence is established and maintained in the police complaints system.
37. Once a member of the public makes an allegation about someone serving with the police (the allegation may be raised with the force, the PCC or the IPCC), the force must take a decision about whether the allegation should be recorded as a complaint. Once a complaint is recorded by the police force, efforts are made to resolve the allegation raised by the member of public, either by local resolution, a local investigation or by referring to the IPCC for an investigation. If a member of the public is unhappy with the way their complaint has been handled, the system has a series of appeal points which allows them to challenge a decision. The appeal is usually dealt with by the chief constable or the IPCC depending on the circumstances. More detail on the complaints process is provided in annex D.
38. Police forces must refer certain complaints and incidents to the IPCC – for example, an allegation that an officer has seriously assaulted someone or committed a serious sexual offence, or if someone has died or been seriously injured following direct or indirect contact with the police.
39. A total of 37,105 complaints were recorded during 2014/159. This was a 6% increase compared to 2013/14 and represents a 62% increase since 2004/05.
40. It took an average of 110 working days to finalise complaint cases in 2014/15, with the average time varying across police forces from 52 to 205 working days10.
41. 35% of people lack confidence in the ability of the police to deal with their complaint fairly (Public Confidence in the Police Complaints System, 2014, page 22) and 84% of people are not satisfied with how their complaint is handled (Crime Survey for England and Wales 2015/16 - table S28)
42. In 2014/15, 40% of appeals to the IPCC against decisions taken by police forces were upheld11 (up from 30% in 2010/1112).

The disciplinary system

43. In carrying out their duties, members of police forces, including civilian staff, are expected to maintain the highest standards of professional behaviour, which are set out in The Police (Conduct) Regulations 2012 (SI 2012/2632, as amended) and detailed in the College of Policing’s Code of Ethics13.
44. The police disciplinary system is designed to deal with circumstances where these professional standards are not met. Disciplinary action may arise as a result of a complaint from a member of the public, an internal complaint or an incident such as a death or serious injury, where there is evidence of misconduct (that is a breach of professional standards) or gross misconduct (a breach so serious that dismissal would be justified). More information on the disciplinary process is provided in annex E.
45. Where behaviour falls short of these standards, it is the responsibility of the police force to conduct a formal investigation and take forward disciplinary action where appropriate. Where allegations arise that are serious or sensitive, the police force must refer those cases to the IPCC, which then decides how the investigation should be carried out and to what extent the police force should be involved.
46. Since 1 December 2013, the College of Policing has managed a national register of officers struck-off from the police (the "Disapproved Register"). The register is available to forces for vetting purposes.
47. Since 1 May 2015, police misconduct hearings (and appeals) are held in public and since 1 January 2016 misconduct hearings have an independent, legally qualified chair.

IPCC powers

48. The IPCC was established by Part 2 of the Police Reform Act 2002 ("the 2002 Act") and started operating in 2004. It is responsible for overseeing the police complaints system in England and Wales, assessing appeals against complaints decisions and investigating serious matters involving the police, including deaths or serious injuries ("DSI") following police contact.
49. The 2002 Act sets out the detailed provision for the handling of recordable conduct matters, complaints, and DSI involving the police.
50. As the body that oversees police complaints, the IPCC sets the standards by which the police should handle complaints. Although the IPCC has statutory responsibility to oversee the police complaints system and to maintain public confidence, in reality, it is not in charge of the whole process, with a majority of cases being dealt with by police forces, unless considered serious, then police forces must refer to the IPCC.
51. In a statement to Parliament on police integrity on 12 February 2013, the Home Secretary committed to a major change programme to ensure that the IPCC has increased capacity and funding to investigate all serious and sensitive matters involving the police: "I want to make sure that the Independent Police Complaints Commission is equipped to do its important work… its role has been evolving and the proposals I announce today develop it further. Public concern about the IPCC has been based on its powers and its resources, and I want to address both issues." (House of Commons, Official Report, columns 713 to 715)
52. In 2014 the IPCC embarked on a three year programme of change, as it expands to investigate all serious and sensitive allegations and incidents involving the police. Since then the IPCC has recruited an additional 323 operational staff, taking it to a total of 877 (as of 2015/16) and the number of independent investigations taken on has increased nearly five-fold (starting 519 new investigations in 2015/16 compared with 109 in 2013/14).

Whistle-blowing

53. One of the ways in which police misconduct, malpractice and corruption is brought to light is when police officers or staff report it themselves. However these reports are not always made. Anecdotal evidence suggests that some of the reasons for this may be because it is not believed that anything will be done, the reporting routes available are not trusted, or they fear an adverse reaction from the police force.
54. Following a Government consultation, Improving Police Integrity: Reforming the Police Complaints and Disciplinary Systems, which ended in January 2015, the Government made changes to the Police (Conduct) Regulations 2012 to clarify that police whistle-blowers are protected from unfair disciplinary action and reprisals against them will not be tolerated. These changes ensure that the principles set out in the Public Interest Disclosure Act 1998 are incorporated in the police disciplinary process.
55. In its response14 to the consultation document Improving Police Integrity, the Government also announced its intention to introduce a number of additional measures to strengthen protections for police whistle-blowers in order to give police whistle-blowers greater confidence to report their concerns. In March 2016, the College of Policing published national whistle-blowing guidance entitled Reporting Concerns. The guidance sets out the support that should be provided, including providing feedback and updates to police whistle-blowers, giving them the right to be consulted by the force (or IPCC) and outlining the reporting routes available.

Review of complaints and disciplinary systems

56. On 22 July 2014, the Home Secretary made a further statement to Parliament (House of Commons, Official Report, columns 1265 to 1267) on the ongoing work to ensure the highest standards of integrity in the police. In the statement she announced:

• a review of the police disciplinary system to be chaired by Major-General Chip Chapman (the "Chapman review"), with a consultation to follow which would include proposals to hold police misconduct hearings in public with legally-qualified panel chairs;
• a single national policy for police forces on whistle-blowing alongside a plan to publish more information on conduct issues raised by police officers and the action taken as a result;
• plans to consider the introduction of sealed investigations into serious misconduct and corruption by police officers;
• regulations to ensure that officers cannot resign or retire to avoid dismissal in misconduct hearings; and
• a review of the entire police complaints system, including the role, powers and funding of the IPCC and the local role played by PCCs that would be followed by a public consultation. The aim of the review was to put forward proposals for a system that is more independent of the police, easier for the public to follow, more focused on resolving complaints locally and that has a simpler system of appeals.

57. The Chapman Review was completed in October 2014 and concluded that the current police disciplinary system is too complex and lacked transparency and independence, with much of the system being managed by police forces themselves. The review made 39 recommendations for improving the current system. The Home Office has already implemented some of the recommendations through secondary legislation, including to provide for police misconduct hearings and appeals to be held in public. Independent legally-qualified chairs were introduced from January 2016, replacing senior police officers as chairs of misconduct hearing panels. In addition, the Police (Conduct) (Amendment) Regulations 2014 (SI 2014/3347) prevents officers from resigning or retiring to avoid investigation for gross misconduct.
58. In December 2014, the Government launched a public consultation, Improving police integrity: reforming the police complaints and disciplinary systems. The consultation found that elements of the police complaints system do not work efficiently or effectively and few of those involved with the system have confidence in it.
59. On 12 March 2015, the Home Secretary announced a range of reforms (House of Commons, Official Report, columns 36WS-38WS) as set out in the Government’s response to the consultation.
60. Changes to the police disciplinary system include:

• Extending the disciplinary regime to former officers for up to 12 months after they leave the police;
• Ensuring that the IPCC investigate all cases involving chief officers;
• Allowing the IPCC to present its own cases to disciplinary hearing panels.

61. Changes to the police complaints system include:

• Simplifying the complaints system;
• A stronger role for PCCs;
• Clarifying the definition of a complaint;
• Ending the practice of non-recording complaints;
• Measures to strengthen protections for police whistle-blowers;
• Changes to the powers of the IPCC; and
• Introducing a system of super-complaints.

62. Chapters 1 to 4 of Part 2 of the Act give effect to those reforms announced in March 2015 requiring primary legislation.

IPCC governance

63. On 12 March 2015, the Government published the report from a Triennial Review of the IPCC15. A key element of such reviews is to consider whether the governance arrangements of the organisation are in line with recognised principles of good corporate governance.
64. The review noted IPCC’s change programme to deliver the Home Secretary’s commitment to ensure that it investigates all serious and sensitive cases involving the police by 2017/18. Organisational change has been significant with increased funding and with staff numbers increasing to around 900 by March 2016 (compared to around 400 in March 2013).
65. The review also noted that the current structure of the IPCC has resulted in Commissioners having a dual role "being engaged in both the governance of the organisation and its operational activity".16 The review recommended that the IPCC "consider what governance arrangements…..will best secure efficient, effective and accountable operations".
66. The IPCC’s response to the Triennial Review17 set out proposals for reform of its governance arrangements. The proposals included for powers to be vested in a single Crown appointee who would have final accountability for decision-making.
67. The Home Secretary asked Sheila Drew Smith OBE to undertake an independent review of the IPCC’s proposals to assess and test them and, if appropriate, make alternative recommendations. Sheila Drew Smith’s report18 was published on 17 December 2015 alongside the launch of a public consultation19 on reforming the IPCC’s structure and governance.
68. The Government’s response to the consultation was published on 7 March 2016, and the Home Secretary announced that she would bring forward amendments to the then Policing and Crime Bill to provide for a new governance model (House of Commons, Official Report, 7 March 2016, column 43).
69. The existing Commission structure will be replaced and the reformed organisation will be known as the Independent Office for Police Conduct ("the IOPC").
70. The IOPC will be headed by a Director General, appointed by Her Majesty The Queen. The Director General will have ultimate responsibility for individual case work decisions, including in respect of the investigation of the most serious and sensitive allegations involving the police. Corporate governance will be provided by a board comprising a majority of non-executive directors, appointed by the Home Secretary.
71. Chapter 5 of Part 2 of the Act gives effect to these changes.

Inspection

72. HMIC has a statutory duty to inspect and report on the efficiency and effectiveness of police forces in England and Wales. HMIC describes its role in the following terms:

"HMIC independently assesses police forces and policing activity ranging from neighbourhood teams through serious crime to the fight against terrorism – in the public interest.

In preparing our reports, we ask the questions which citizens would ask, and publish the answers in accessible form, using our expertise to interpret the evidence. We provide authoritative information to allow the public to compare the performance of their force against others, and our evidence is used to drive improvements in the service to the public."

73. In July 2011, HMIC was commissioned by the Home Secretary to review police relationships with the media and other parties (announced in an oral statement in the House of Commons on 18 July 2011 (Official Report, columns 622 to 642)). The subsequent report, Without fear or favour: a review of police relationships (December 2011), and its follow-up, Revisiting police relationships: a progress report (December 2012), found that while some progress has been made to ensure forces operate in a transparent manner, more needed to be done. The report concluded that a more transparent and challenging environment needed to be created in order to improve public confidence. It recommended that in addition to scrutiny of chief officers by PCCs, there continued to be a need for independent external scrutiny by HMIC, including unannounced inspections. It also highlighted the increased use of outsourcing within policing, and the need for scrutiny to apply to all those delivering policing functions. Amongst other things, Chapter 6 of Part 2 extends the remit of HMIC to cover the scrutiny of contractors and staff engaged in the delivery of policing functions.

Police workforce and representative institutions

Powers of police civilian staff and volunteers

74. The office of constable sits at the heart of policing in England and Wales, and their powers are defined across a wide range of Acts and at common law.
75. Since the passage of the Special Constables Act 1831, it has been possible to vest the full powers of a constable on volunteers serving with the police. The Road Traffic and Roads Improvement Act 1960 introduced Traffic Wardens with certain road traffic-related policing powers and Part 4 of the 2002 Act conferred on chief officers of police the power to designate a member of police staff as a Police Community Support Officer ("PCSO"), investigating officer, detention officer or escort officer, each with a range of specified policing powers appropriate to their role. In the case of PCSOs, these powers include the power to request the name and address from a person acting in an anti-social manner, certain specified powers to search and seize, and powers to issue fixed penalty notices for a list of specified offences. The role of PCSOs in local policing is now well established. See annex F for further details of the powers associated with each of these roles.
76. Under the 2002 Act, a chief officer of police may designate a member of police staff as a PCSO, investigating officer, detention officer or escort officer, as the case may be, if satisfied that the individual is: a) suitable to carry out the role; b) capable of effectively carrying out the role; and c) has received adequate training. An individual may be designated in more than one role – for example, staff can be designated as both a detention officer and an escort officer to give greater flexibility in managing detained persons. For each role, chief officers have the discretion to confer on a designated member of staff the mix of powers, taken from a specified list of powers, appropriate to the individual’s particular role and training although, in the case of PCSOs, there is a set of standard powers which form a minimum core appropriate to the role.
77. Police staff without such designation have no powers.
78. There are two main types of volunteer in policing: special constables, who have the full range of police powers and the attendant training requirement and Police Support Volunteers, who undertake support functions such as staffing an enquiry desk and have no powers.
79. The current position of staff and volunteers is summarised in the table below:

    	Full powers	Some powers	No powers
    Paid, full-time or part-time	Police Officer	Designated Staff (that is, PCSO, Investigating Officer, Detention Officer, Escort Officer)	Other Police Staff
    Unpaid, part-time	Special Constable	No Current Role	Police Support Volunteers

80. The College of Policing’s Leadership Review, published in June 2015, recommended that there should be increased flexibility in assigning powers and legal authority to staff. On 9 September 2015 the Home Secretary announced (House of Commons, Official Report, columns 12WS to 14WS) the launch of a consultation, Reforming the Powers of Police Staff and Volunteers, seeking views on proposals to:

• Abolish the concept of standard powers for PCSOs and enable each chief officer to designate their staff with only those powers they consider necessary in their force areas;
• Set out the core powers that should be reserved only for constables (with a power to amend this list by order);
• Allow police volunteers to be designated in the same manner as police staff; and
• Enable chief officers to designate PCSOs directly with the necessary traffic powers, rather than additionally designate them as traffic wardens, and abolish the role of traffic warden under the Road Traffic Act 1988.

The Home Secretary announced the outcome of the consultation on 20 January 2016 (House of Commons, Official Report, HCWS478). Sections 38 to 46 and Schedules 12 and 13 give effect to these proposals.

Police ranks

81. Presently the police rank structure is set out in provisions of the Police Act 1996 ("the 1996 Act"), while the Police Reform and Social Responsibility Act 2011 ("the 2011 Act") provides that there must be at least one of each of the chief officer ranks in every police force. See annex G for the current list of designated ranks and numbers of officers at each rank.
82. In an oral statement on 22 July 2014 (House of Commons, Official Report, columns 1265 to 1277), the Home Secretary announced that she had asked the College of Policing to conduct a fundamental review of police leadership. The Leadership Review June 2015 report included a recommendation to review the rank and grading structures in policing, stating that "ranks and grades in policing may need to be reformed as we move towards policing based on greater levels of practitioner autonomy and expertise". The report highlighted that flatter structures can enable organisations to be more responsive and to communicate more effectively.
83. The review is being led by the National Police Chiefs’ Council ("NPCC"), reporting to the College of Policing-led Leadership Review Oversight Group and is expected to report later in 2016.
84. Section 47 will enable the review’s recommendations to be implemented and provide a more flexible model for policing by setting out rank structure in secondary rather than primary legislation. The ranks of constable and chief constable (or Commissioner in the case of the Metropolitan Police Service and City of London police) will continue to be provided for in primary legislation.

Police Federation

85. The Police Federation for England and Wales ("the Police Federation") represents the interests of police officers below the rank of superintendent (namely, constables, sergeants, inspectors and chief inspectors). It was created in 1919 to represent officers, reflecting the fact that police officers are members of a disciplined service with an obligation to protect the public and, as such, are prohibited from joining a trade union or taking industrial action.
86. In spring 2013 the Police Federation commissioned a review to consider whether any changes were required to its operation or structure in order to ensure that it continued to promote the public good as well as the interests and welfare of its members. This review was conducted by an independent panel, chaired by Sir David Normington GCB.
87. The panel’s final report, Police Federation Independent Review, was published in January 2014 and made 36 recommendations, to improve trust and public accountability, transparency, professionalism and member services, including:

• The adoption of a revised core purpose which reflects the Police Federation’s commitment to act in the public interest; and
• Greater national oversight and transparency of Police Federation finances, including a requirement to publish all accounts and income and to co-ordinate resources centrally.

88. The report recommended that: "the starting point should be a revised statutory purpose for the Federation which sets a new tone and commitment, recognises the reality of its accountability to its members and the public and incorporates a commitment to new standards of conduct and transparency..."and that in order to achieve this, a revised core purpose "should be incorporated in legislation as soon as practicable" (pages 16 and 17).
89. The final report was endorsed by the Home Affairs Select Committee (recommendation 3 of the Committee’s Report, Reform of the Police Federation, 18th Report of Session 2013/14, HC1163) and by the Home Secretary in her speech to the Police Federation annual conference in May 2014. At the conference the Police Federation accepted all 36 recommendations and has adopted a revised core purpose that includes acting ''in the interests of the members of the public".
90. In her speech at the Police Federation Annual Conference in May 2015, the Home Secretary committing the government to enshrining the revised core purpose in legislation.
91. The Home Secretary also stated in her speech that she would bring forward proposals to make the Police Federation subject to the Freedom of Information Act 2000 ("FOI Act"). The primary objective of the FOI Act is to increase the openness, transparency and accountability of those bodies subject to the Act. The provision of information under the FOI Act enables greater transparency about how public money is spent and greater scrutiny of public services. It allows the public to gain information about services and decisions that affect them and to hold bodies to account for those decisions. In a written ministerial statement (Official Report, 12 March 2015, WS387) the Home Secretary announced the publication of a draft section setting out how the FOI Act could be applied to the Police Federation.
92. Sections 49 and 50 give effect to these reforms of the Police Federation.

National Police Chiefs' Council

93. There has been a representative body for chief officers of police since 1858. The Association of Chief Police Officers of England, Wales and Northern Ireland ("ACPO") was formed in 1948. Its stated role was "to bring together the expertise and experience of chief police officers and senior police staff equivalents from across the United Kingdom, providing a professional forum to share ideas and best practice, develop national professional practice, co-ordinate resources and help deliver effective policing which keeps the public safe". In addition to acting as the professional voice of policing, ACPO co-ordinated national police operations and provided national policing services, such as the National Ballistics Intelligence Service ("NABIS").
94. In 2013, PCCs commissioned General Sir Nick Parker to undertake an independent review of ACPO, in the wake of the significant reforms to policing that had taken place since 2010. General Parker’s terms of reference were to "examine the standing structures and functions currently delivered by ACPO in the context of the radically different national environment of PCCs, the College of Policing and the National Crime Agency and make recommendations to PCCs", including about the requirement for a collective national policing function akin to that fulfilled by ACPO. General Parker’s report was published in August 2013 (Independent Review of ACPO). He concluded that there was "a requirement for a Chief Constables’ Council with a full-time chair which should: conduct operational and managerial coordination between independent Chief Constables; act as the focus for command and leadership of the police service; maintain direct links to the National Business Areas to inform policing and implement practice; and speak with a coordinated and independent voice on the delivery of operational policing". In July 2014, chief officers voted in support of the creation of the National Police Chiefs’ Council ("NPCC") and ACPO was formally closed down on 31 March 2015 and replaced by the NPCC on 1 April 2015.
95. The NPCC was constituted as a result of a collaboration agreement, made under section 22A of the 1996 Act, between all chief officers of police and local policing bodies (PCCs and the equivalent in London) in England and Wales, the NCA, the College of Policing and other policing bodies; it is hosted by the Metropolitan Police Service. The NPCC’s functions are to:

• Co-ordinate national operations including defining, monitoring and testing force contributions to the Strategic Policing Requirement working with the NCA where appropriate;
• Command counter-terrorism operations and delivery of counter-terrorist policing;
• Co-ordinate the national police response to national emergencies and the mobilisation of resources across force borders and internationally;
• Implement national operational standards and policy as set by the College of Policing and Government;
• Work with the College of Policing to develop joint national approaches on criminal justice, value for money, service transformation, information management, performance management and technology; and
• Work with the College of Policing (where appropriate) to develop joint national approaches to staff and human resources issues (including misconduct and discipline) in line with chief constables’ responsibilities as employers.

96. There are a number of statutory references to ACPO which, for example, require the Home Secretary to consult with the association before exercising certain policing-related delegated powers. Section 51 and Schedule 14 amend or repeal these provisions to take account of the replacement of ACPO by the NPCC.

Police powers

Pre-charge bail

97. Pre-charge bail, also known as police bail, is used to protect victims and witnesses of crime, secure and preserve evidence, and ensure the effective execution of justice. It also minimises the length of time suspects are detained while further enquiries are made.
98. Prior to charging a suspect with a crime, there are generally two scenarios where the police may grant bail with or without conditions:

• Where there is as yet insufficient evidence to charge a suspect with an offence and it is necessary to continue to investigate without them being held in custody.
• Where the police consider there is sufficient evidence to charge the suspect, but the case has been referred to the Crown Prosecution Service ("CPS") for a charging decision.

99. The police may detain a suspect for up to 24 hours prior to charge. Where the offence being investigated is indictable (that is, the more serious offences which can be tried in the Crown Court) detention can be extended to 36 hours on the authority of a police officer of at least the rank of superintendent. A warrant of further detention issued by a magistrates’ court would be required to extend detention beyond 36 hours, to a maximum of 96 hours. In order to avoid prolonged periods of detention, the police have the power to grant bail to allow them to make further enquiries. This stops the detention clock while the police undertake outstanding enquiries, meaning that suspects can still be detained for the remaining period of time if necessary.
100. Applying bail conditions means that the police can manage a suspect effectively within the community while further investigations progress. This recognises their status as a person under investigation and not as an offender, thereby preserving their rights and liberties. It also acknowledges the sensitivities of victims, witnesses and communities by offering some level of protection and mitigating the risk of further criminality.
101. Commonly used police bail conditions include:

• not to contact the victim directly or indirectly;
• not to attend the home address of the victim/not to enter the victim’s street or a specific area marked out on a map;
• to live and sleep at a specified address;
• to report to a named police station on specific days of the week at specified times; and
• travel restriction conditions, such as passport surrender, especially where there is risk of flight.

102. Data on the use of pre-charge bail by police in England and Wales is not routinely collated centrally. In 2011, the then National Policing Improvement Agency ("NPIA") and ACPO Criminal Justice Business Area undertook a data collection exercise across all forces. Returns were received from twenty-three forces and indicated that over a six month period approximately one-third of individuals brought into custody were reported to have been given bail. There was also variation in the reported use of bail and the reported average length of bail given across forces, although it is not clear if this is due to different recording practices or in the actual use of bail across forces. (The police use of pre-charge bail: an exploratory study, NPIA, July 2012).
103. On 18 December 2014 the Home Secretary announced (House of Commons, Official Report, column 132WS) the publication of the consultation paper Pre-Charge Bail, A Consultation on the Introduction of Statutory Time Limits and Related Changes to seek views on a series of measures intended to reduce both the number of individuals subject to, and the average duration of, pre-charge bail. This consultation was complementary to that carried out by the College of Policing on the principles of pre-charge bail management, which published its report Response to the Consultation on the Use of Pre-Charge Bail on 11 December 2014. In July 2015 the College published authorised professional practice on pre-charge bail management.
104. The Home Secretary announced the outcome of the Government’s consultation on 23 March 2015 (House of Commons, Official Report, column 1112). The response to the consultation set out the following proposals for legislation:

• Providing for a presumption to release without bail, with bail only being imposed when it is both necessary and proportionate;
• Setting a clear expectation that pre-charge bail should not last longer than a specified finite period of 28 days (subject to the possibility of extension);
• Making provision for when that initial period might be extended further, and who should make that decision (including longer periods to be determined by the courts);
• Making clear that, where an individual has been released without bail while analysis takes place of large volumes of material, the police can make a further arrest where key evidence is identified as a result of the analysis of that material that could not reasonably have been done while the suspect was in custody or on bail;
• Providing a procedure to allow sensitive information to be withheld from a suspect where its disclosure could harm the investigation, such as where disclosure might enable the suspect to dispose of or tamper with evidence; and
• Providing for an exceptional case procedure.

105. Chapter 1 of Part 4 gives effect to these proposals.
106. The issue of suspected terrorists absconding from pre-charge bail has been of concern, following cases where individuals from the UK have been drawn to Daesh in Syria, Iraq and other countries. There is a particular risk that those under investigation of terrorism offences may seek to flee the UK. At present, while the police can impose conditions on an individual when releasing them on bail before charge, the only response available in the event that these conditions are breached is a return to custody. This option is not available where pre-charge custody time limits have already been reached.
107. When he gave evidence to the Liaison Committee on 12 January 2016, the Prime Minister indicated, in response to a question from Rt Hon Keith Vaz MP (Q53), that the Government would look at making breach of bail a criminal offence. On 6 April 2016 the Home Secretary announced that a new offence of breach of pre-charge bail conditions relating to travel for relevant terrorism offences would be introduced as part of the then Bill. Sections 68 and 69 provide for this new offence.

Retention of biometric material

108. The Protection of Freedoms Act 2012 ("the 2012 Act") established a new regime to govern the retention and use by the police in England and Wales of DNA samples, DNA profiles and fingerprints. The 2012 Act created a similar regime, applicable across the whole of the UK, to govern the retention and use of biometric material taken from those detained under the Terrorism Act 2000 ("TACT"). The 2012 Act also created the role of Commissioner for the Retention and Use of Biometric Material (the "Biometrics Commissioner"). The current retention schedule, which sets our biometric retention periods in different situations, is at annex H.
109. At present DNA profiles and fingerprints of those arrested under PACE can be retained on the basis of convictions for any recordable offence in England and Wales. But this material can currently be retained on the basis of convictions outside of England and Wales in limited circumstances only. Firstly, the conviction must be for one of a number of 'qualifying' offences (in broad terms these are mainly serious sexual and violent offences), which means that if a person has a conviction elsewhere for a non-qualifying recordable offence, such as theft, then their DNA and fingerprints cannot be retained. Secondly, even where the person has a conviction for a qualifying offence, their DNA and fingerprints must have been taken specifically in relation to that conviction, rather than it being possible to retain DNA and fingerprints taken on arrest for a different offence (which is the case in relation to England and Wales offences). It is likely there are significant numbers of arrested persons with convictions outside of England and Wales whose DNA and fingerprints either cannot be retained, or can be retained only after an unnecessary re-arrest and re-sampling. This makes it harder to solve crimes in which such persons may be involved and is also more onerous on individuals in terms of the need for additional sampling This issue has been highlighted by the Biometrics Commissioner, who recommended in his 2015 Annual Report (paragraphs 68 to 75) that "It is in my view desirable that the legislative change which is required in this connection should be made as soon as is reasonably possible."
110. Chapter 2 of Part 4 gives effect to this recommendation by extending the existing rules on retention of DNA and fingerprints of those with convictions in England and Wales to those with convictions elsewhere.
111. At present DNA profiles and fingerprints of those detained under Schedule 8 to TACT (which governs the detention of those arrested on suspicion of being a terrorist under section 41 of that Act, and those detained under Schedule 7, which contains powers to question people to determine whether they are terrorists) can be retained indefinitely where the person has a conviction for any recordable offence in England and Wales or Northern Ireland, or for an offence which is punishable by imprisonment in Scotland. Chapter 2 of Part 4 provides for indefinite retention of biometric material taken from Schedule 8 detainees where they have convictions outside the UK for the equivalent of recordable and imprisonable offences.

PACE: treatment of those aged 17

112. Some provisions of PACE currently treat 17 year olds as adults, as a result they do not benefit from additional safeguards that apply to children. In April 2013 the High Court, in the judicial review in Hughes Cousins-Chang vs. (1) Secretary of State for the Home Department and (2) Commissioner of the Police for the Metropolis, ruled that PACE Code of Practice C (which deals with the detention, treatment and questioning of suspects not related to terrorism) breached the claimant’s European Convention on Human Rights Article 8 rights (right to a private and family life), and that of his parent, when read in the light of the UN Convention on the Rights of the Child. The High Court considered that the wish of a 17 year old in trouble to seek the support of a parent and the wish of a parent to be available to give that support lay at the heart of family life.
113. In order to comply with the High Court ruling, the Government introduced changes to PACE Codes C and H (which deal with the detention, treatment and questioning of suspects by police officers under the Terrorism Act 2000) on 27 October 2013. The Government subsequently conducted a review of the way that 17 year olds were treated under the primary provisions of PACE. The review concluded that 17 year olds should be treated in the same way as 10 to 16 year olds under all of the relevant provisions. Section 42 of the Criminal Justice and Courts Act 2015 amended PACE so that where a 17 year old is charged and denied bail then, as with 10 to 16 year olds, the police are required to transfer him or her to local authority accommodation, unless a custody officer certifies that to do so is impracticable. Previously 17 year olds denied bail would be kept in police custody before appearing in court. This change came into force on 26 October 2015. Section 73 of the Act makes three further changes to the remaining provisions in PACE which still treat a 17 year old as an adult.

Police powers under the Mental Health Act 1983

114. The Mental Health Act 1983 ("the 1983 Act") provides for action to be taken, where necessary, to make sure that people with mental disorders get the care and treatment they need for their own health or safety, or for the protection of other people, even if the individual concerned does not consent to the action being taken. It sets out the criteria that must be met before such measures to compel compliance can be taken, along with protections and safeguards for patients. It also sets out the civil procedures under which people can be detained in hospital for assessment or treatment of mental disorder. In addition, the 1983 Act makes provision concerning the treatment and care of those accused of, and those convicted of, an offence.
115. It is intended to provide a balance between the need to detain a person, when this is necessary for health and safety reasons, while at the same time safeguarding the individual’s civil liberties. Sections 135 and 136 of the 1983 Act confer powers on the police to temporarily remove people from private premises (section 135) or a public place (section 136) who appear to be suffering from a mental disorder and who need urgent care to a 'place of safety' specified in section 135(6), so that a mental health assessment can be carried out and appropriate arrangements made for their ongoing care if necessary.
116. In February 2014 the Government published the Mental Health Crisis Care Concordat for England to ensure that all those involved in supporting someone in a crisis work together to improve the system of care. In agreeing this Concordat, the 22 (now 28) national signatory organisations from across health, social care and policing signed up to a number of actions that can be found in the document. The Welsh Government has also published, in December 2015, a Concordat for Wales along a very similar set of principles. Both Concordats set out the standard of response that a person experiencing a mental health crisis should be able to expect.
117. Approaches, such as street triage schemes whereby mental health nurses and paramedics accompany police officers to such incidents or provide telephone support, have resulted in a more co-ordinated response. Improved local practice and access to services in some areas has led to a reduction in the number of times police cells were used for a person detained under section 136 in England from 8,667 in 2011/12 to 3,996 in 2014/1520.
118. In December 2014, the Home Office and Department of Health published the outcomes of a joint review of the operation of sections 135 and 136. The review examined the practical implications of existing practice and was informed by a wide range of views (through over 1,000 survey responses). The published review included recommendations for a number of legislative changes to sections 135 and 136 (as well as some non-legislative recommendations).
119. The Department of Health included these recommendations in a wider public consultation announced on 6 March 2015 (House of Commons, Official Report, WS355 and House of Lords, Official Report, WS332) - No voice unheard, no right ignored: a consultation for people with learning disabilities, autism and mental health conditions (Cm 9007). The Government response to that consultation (Cm9142) was published on 10 November 2015 (House of Commons, Official Report, WS302 and House of Lords, Official Report, WS297) and included the following actions:

• "an end to the use of police cells as a place of safety for children and young people detained under sections 135 or 136 of the Mental Health Act 1983;
• no one detained under sections 135 or 136 to be held in a 'place of safety' for more than 24 hours without being assessed by a relevant professional and either discharged or admitted."

120. The College of Policing ran a consultation on their new guidance for dealing with people with mental health problems between 11 November and 1 January 2016. The new guidance - Mental Health Authorised Professional Practice - was published on 3 August 2016.
121. Chapter 4 of Part 4 gives effect to these actions and other changes to sections 135 and 136 recommended in response to the earlier review.

Police powers: maritime enforcement

122. Currently, section 30 of the 1996 Act limits police jurisdiction to UK territorial waters, which extends to 12 nautical miles from the UK shore. This can hamper the effective disruption of criminal activity in the maritime context where court jurisdiction applies, as our law enforcement agencies are not always able to act when a crime has taken place on ships around the UK or on the high seas.
123. There are limited maritime enforcement powers in section 20 of and Schedule 3 to the Criminal Justice (International Co-operation) Act 1990 ("the 1990 Act") and in Part 3 of the Modern Slavery Act 2015 ("the 2015 Act").
124. The enforcement powers in the 1990 Act are limited to tackling drug trafficking offences on British ships and the importation or exportation of controlled drugs on British ships, vessels of states party to the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances ("the Vienna Convention") and stateless vessels. The powers are only exercisable in respect of a vessel registered in a state party to the Vienna Convention, or within the territorial waters of another state in respect of any vessel, with the permission of the relevant state(s). For the purpose of detecting and enforcing such offences, the 1990 Act confers powers on constables, customs officials and other specified enforcement officers (and persons assisting them) to: stop, board, divert and detain ships; search ships and require anyone on board to provide information; arrest persons and seize and detain anything found on the ship which may be evidence of a relevant offence; and use reasonable force to perform such functions.
125. Part 3 of the 2015 Act conferred similar enforcement powers on the police, designated NCA officers, customs officials and members of Her Majesty’s Armed Forces for the purpose of tackling offences in respect of human trafficking, slavery, servitude, and forced or compulsory labour. Under the 2015 Act the powers are exercisable in relation to:

• a United Kingdom ship in UK waters, foreign waters or international waters;
• a stateless ship in UK waters or international waters;
• a foreign ship in UK waters, or
• a ship, registered in the Channel Islands, Isle of Man or British overseas territory, in UK waters.

126. Part 3A of, and Schedule 4A to, the Immigration Act 1971 confer maritime enforcement powers on immigration officers, those powers will also be exercisable by police officers and certain members of the Armed Services. The maritime powers in the Immigration Act 1971 are limited to the enforcement of three immigration offences in UK territorial waters, namely the offences of assisting unlawful immigration, assisting an asylum‐seeker to arrive in the UK and assisting entry to the UK in breach of a deportation or exclusion order.
127. Given that each of these provisions is directed at the enforcement of specific offences, there remains a gap in the ability of the police and other law enforcement agencies to investigate other criminal offences on ships in UK territorial waters, in international waters and in the territorial waters of other states. Chapters 5, 6 and 7 of Part 4 will ensure that law enforcement agencies are capable of operating effectively in a maritime context when investigating any offence triable in England and Wales, Scotland or Northern Ireland.
128. In respect of England, Wales and Scotland, the enforcement powers will apply on:

• UK ships anywhere in international waters, in the territorial waters of another state (with permission from the relevant state), and in England and Wales and Scotland waters;
• stateless vessels in England and Wales and Scotland waters and international waters;
• foreign vessels in England and Wales and Scotland waters and international waters subject to the same authorisation requirements as in section 35(5) and (6) of the 2015 Act; and
• ships registered in the Isle of Man, any of the Channel Islands or a British overseas territory in England and Wales and Scotland waters and international waters subject to the same authorisation requirements as in section 35(5) and (6) of the 2015 Act.

129. In respect of Northern Ireland, the enforcement provisions will apply on:

• UK ships in Northern Ireland waters;
• stateless vessels in Northern Ireland waters;
• foreign vessels in Northern Ireland waters subject to the same authorisation requirements as in section 35(5) and (6) of the 2015 Act; and
• ships registered in the Isle of Man, any of the Channel Islands or a British overseas territory in Northern Ireland waters subject to the same authorisation requirements as in section 35(5) and (6) of the 2015 Act.

130. Enforcement powers in England and Wales and Scotland will be exercisable in the territorial waters of the other jurisdiction when a ship is pursued there ("hot pursuit"). Ships may not be pursued into Northern Ireland waters from England and Wales or Scottish waters. The Northern Ireland provisions do not allow for the hot pursuit of a vessel outside of Northern Ireland waters.

Cross-border enforcement

131. Existing powers of cross-border arrest within the UK are provided for in Part 10 of the Criminal Justice and Public Order Act 1994 ("the 1994 Act"). The 1994 Act does not, however, provide for a police officer in one jurisdiction to arrest a person suspected of having committed an offence in another jurisdiction where no warrant for their arrest has been issued. In some circumstances, this may allow a suspect to evade arrest simply by crossing the boundary into another jurisdiction within the UK. The provisions in Chapter 8 of Part 4 close this gap, extending the cross-border powers of arrest conferred by Part 10 of the 1994 Act in urgent cases. The cross-border provisions apply to a range of law enforcement bodies, limited to their specific functions.

Firearms

132. Firearms controls in the UK are among the strictest in the world, and as a result firearms offences make up a small proportion (less than 0.2%) of recorded crime21. The law regulating the possession and acquisition of firearms in England and Wales and Scotland is contained in the Firearms Act 1968 ("1968 Act").
133. Section 5 of the 1968 Act prohibits especially dangerous weapons including handguns and automatic weapons. Firearms, shotguns and rifles are licensed and held on a firearm or shotgun certificate granted by a chief officer of police. Low powered air weapons are not licensed in England and Wales unless they are of a type declared specially dangerous22 by the Firearms (Dangerous Air Weapons) Rules 1969 (SI 1969/47) or are otherwise prohibited under section 5 but there are restrictions on their sale. In Scotland, the Air Weapons and Licensing (Scotland) Act 2015 provides that any air weapon capable of discharging a missile with kinetic energy above one joule23 as measured at the muzzle of the weapon is subject to certification. (Similarly, any airgun capable of a discharge with kinetic energy in excess of one joule is subject to certification in Northern Ireland.)
134. Permission to possess or to purchase or acquire a firearm will be granted to an individual who is assessed by the relevant licensing authority as not posing a threat to public safety and having good reason to own the firearm. Organisations such as target shooting clubs, museums and firearms dealers must also apply for licences if they wish to possess or use firearms. Persons who have been sentenced to a term of imprisonment of three years or more cannot possess a firearm or ammunition (including antique firearms) at any time.
135. The police are the licensing authority for firearm and shotgun certificates as well as for firearms dealers. Weapons prohibited under section 5 of the 1968 Act are authorised, in England and Wales, by the Home Office on behalf of the Secretary of State and in Scotland, by the Justice Department on behalf of the Scottish Ministers.
136. While the current licensing system is robust, the current legal framework has been the subject of a number of criticisms, including loopholes being exploited by those with criminal intent and the lack of definition of key terms within the legislation.
137. To remedy these, and other, shortcomings, in July 2015, the Law Commission published a consultation paper, Firearms Law: A Scoping Consultation Paper, aimed at addressing five particular deficiencies in the current law, namely:

• the failure to define "lethal";
• the failure to define "component part";
• the failure to define "antique";
• the failure to impose a legal obligation that firearms be certified as being deactivated to an approved standard; and
• the failure of the law to keep pace with technological developments in relation to whether an imitation firearm is 'readily convertible' into a live firearm.

138. Sections 125 to 128 address these deficiencies.
139. The Law Commission published the response to the consultation on 16 December 2015.

Lethality

140. Section 57(1) of the 1968 Act defines a firearm as a "lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged". However, the legislation does not define lethal in this context. In the absence of legislative guidance, the courts have failed to define the term "lethal" with any degree of precision. The current test can be found in R v Thorpe (1987).24 In that case the judge stated that "The test is this. It must be capable of causing injury from which death might – and the word is 'might' – result if it is misused."
141. Section 125 gives effect to the Law Commission’s recommendations (at paragraphs 2.29 and 2.43 of its report) that for the purposes of section 57(1) a weapon should be considered lethal if:

"it is capable of discharging a projectile with a kinetic energy of more than 1 joule as measured at the muzzle of the weapon for the purposes of section 57(1) of the Firearms Act 1968".

142. The Law Commission also recommended that an exempting provision should be created:

"exempting airsoft guns from the scope of the 1 joule kinetic energy threshold which deems a barrelled weapon to be lethal."

143. Airsoft is a skirmishing game in which players shoot small spherical plastic missiles at opponents from imitation firearms using compressed air. The exemption is not absolute: it stipulates slightly higher kinetic energy thresholds of 1.3 joules for automatic type weapons and 2.5 joules for single shot variants. These limits have been set following scientific testing on the wounding potential of airsoft weapons operating at and above or below these levels.

Component parts

144. Section 57(1)(b) of the 1968 Act provides that the definition of "firearm" includes "any component part of such a lethal or prohibited weapon". Whenever the legislation refers to a firearm, therefore, it also refers to a component part of a firearm. This means that the component parts of rifles, for example, must be included as a separate entry on a firearm certificate.25 Failure to do so constitutes an offence under section 1 of the 1968 Act.
145. However, the legislation does not define the term "component part" and while Home Office guidance provides advice on what constitutes a component part, the courts have decided that the meaning of this term is a question of fact for the jury.
146. The Government believes that this has created a lack of clarity. For example, for a person lawfully in possession of a rifle and wishing to possess a spare firing pin, there is currently ambiguity over whether it must be included as a separate entry on his or her firearm certificate. The reforms seek to make clear that only those items listed below will be a component part.
147. Section 125 gives effect to the following Law Commission recommendations (at paragraphs 3.20, 3.28 and 3.44 of its report):

• "that the term "component part" in the Firearms Act 1968 be defined as:

(1) The barrel, chamber, cylinder;

(2) Frame, body or receivers;

(3) Breech block, bolt or other mechanism for containing the charge at the rear of the chamber.

• "that the Secretary of State be given the power to amend the statutory list of component parts by way of statutory instrument, subject to the affirmative resolution procedure"; and
• "that legislation be enacted to clarify that a component part shall remain classified as such so long as it is capable of fulfilling its function as part of a lethal barrelled weapon".

Antique firearms

148. Under section 58(2) of the 1968 Act, antique firearms are exempt from most of the provisions of that Act so long as they are held as a curiosity or ornament. This means, for example, that an antique firearm can be possessed without the need to obtain a firearm certificate or the authority of the Secretary of State if it would otherwise be a prohibited weapon. However, the legislation does not define "antique firearm", creating legal and practical difficulties in determining whether any given firearm is exempt from control as an antique.
149. There is evidence from law enforcement agencies that the law is failing to prevent the easy acquisition and possession of antique firearms by those with criminal intent, which the Government believes presents a public safety risk. The National Ballistics Intelligence Service ("NABIS") report that between 1 September 2014 and 31 August 2015, 59 antiques were recovered in criminal circumstances (Law Commission Firearms Symposium, 8 September 2015).
150. Section 126 gives effect to the Law Commission recommendations (paragraphs 4.40 of their report) "that an "antique firearm" be defined as:

• "a firearm that is either employing an ignition system included on an amendable statutory list of obsolete ignition systems and is possessed as a curiosity or ornament or;
• a firearm that is chambered for a cartridge type included on an amendable statutory list of cartridge types that are no longer readily available and is possessed as a curiosity or ornament".

151. Section 126 also gives effect to the Law Commission recommendation (paragraph 4.54 of their report) that:

• "sections 19 [offence of carrying a firearm in a public place] and 20 [offence of trespassing with a firearm] of the Firearms Act 1968 be extended so that it is clear that they apply to antique firearms".

Conversion of imitation firearms

152. The Firearms Act 1982 ("the 1982 Act") deals with readily convertible imitation firearms. These are defined as imitation firearms that can be "readily converted" into live firearms to which section 1 of the 1968 Act applies. By virtue of section 1(6) of the 1982 Act an imitation firearm will be considered "readily convertible" if:

• it can be converted without any special skill on the part of the person converting it in the construction or adaptation of firearms of any description; and
• the work involved in converting it does not require equipment or tools other than such as are in common use by persons carrying out works of construction or maintenance in their own homes.

153. Section 127 gives effect to the Law Commission recommendation (at paragraph 6.34 of its report) that a new offence is created "of being in possession of an article with the intention of using it unlawfully to convert an imitation firearm into a live firearm".

Deactivated firearms

154. Section 38(7) of the Violent Crime Reduction Act 2006 defines a deactivated firearm, for the purposes of that section only, as "an imitation firearm that consists in something which was a firearm, but has been rendered incapable of discharging a shot, bullet, or other missile as no longer to be a firearm".
155. Section 8 of the Firearms (Amendment) Act 1988 ("the 1988 Act") provides that a firearm is presumed to have been rendered incapable of discharging any shot, bullet or other missile, and to be no longer a firearm if it bears a mark made by either of the Proof Houses and which has been approved by the Secretary of State for the purpose of denoting that it has been so rendered, and one of the two Proof Houses26 has certified in writing that the work done to deactivate the firearm has been to a standard approved by the Secretary of State.
156. In 1989 the Home Office produced a series of deactivation standards. These specify the physical changes that must be made to a firearm in order for it to be considered deactivated within the terms of section 8. These standards were revised in 1995 and in 2010. The more recent standards are more rigorous than those adopted in 1989. The new standards do not invalidate the operation of section 8 of the 1988 Act in respect of firearms deactivated to previous standards.
157. There is evidence to suggest that poorly deactivated firearms are being "reactivated" and used in crime. According to NABIS, the proportion of criminal shootings that involve reactivated firearms rose over the three years from 1 March 2012 to 31 March 2015, currently accounting for 5% of such shootings (Law Commission Firearms Symposium, 8 September 2015).
158. The potential risk posed by ineffectively deactivated firearms has also been recognised by the European Commission. In a consultation document published in 2013, the European Commission stated:

"Law enforcement authorities in the EU are concerned that firearm which have been deactivated are being illegally reactivated and sold for criminal purposes, [and that] items such as alarm guns, air weapons and blank-firers are being converted into illegal lethal firearms.27"

159. Commission Implementing Regulation 2015/2403 of 15 December 201526 establishes common minimum standards for deactivation of firearms. The Regulation came into force on 8 April 2016.
160. This Regulation is given effect by the creation of a new criminal offence (section 128) which will prohibit the transfer of ownership of firearms that purport to be deactivated but do not comply with the deactivation standards specified in the technical specifications document published by the Secretary of State.

Fees

161. The Firearms Acts contain a number of powers to charge fees, as follows:

• section 32 of the 1968 Act sets out the fees payable for the grant, renewal, variation or replacement of a firearms certificate and the grant, renewal or replacement of a shot gun certificate;
• section 35 of the 1968 Act sets out the fee for the grant or renewal of a certificate of registration as a firearms dealer;
• paragraph 3 of the Schedule to the 1988 Act sets out the fee payable for the grant, renewal or extension of a licence issued under paragraph 1 of that Schedule exempting museums from certain provisions of the 1968 Act;
• section 15 of the 1988 Act sets out the fee to be paid for the grant or renewal of an approval for an approved rifle or muzzle-loading pistol club.

162. Section 43 of the 1968 Act confers power on the Secretary of State to amend the level of fees set out in sections 32 and 35 of that Act. The Home Office consulted on increases to the fees payable under sections 32 and 35 of the 1968 Act in November 2014. The response to the consultation was published on 12 March 2015 (House of Commons, Official Report, column 34WS to 35WS). The revised fees came into effect on 6 April 2015 (as a result of the Firearms (Variation of Fees) Order 2015 (SI 2015/611)).
163. There is no equivalent power to charge a fee for the grant of an authorisation under section 5 of the 1968 Act for the possession of prohibited weapons and ammunition. Authorisations may be granted under section 5 to a wide range of organisations, including (but not limited to):

• Firearms dealers for the purpose of storing, manufacturing, trading or restoring prohibited weapons;
• Carriers for the purpose of transporting prohibited weapons;
• Private Maritime Security Companies for the purpose of the deployment of armed guards to protect UK ships from piracy in the high risk areas;
• Olympic (and Commonwealth) shooting squads so that they can possess pistols which are a prohibited weapon.

164. The cost to the Home Office and Scottish Government of the licensing regime for section 5 authorisations and museum and shooting club licences is currently an estimated £700,000 per annum. Section 132 confers a power on the Secretary of State to set fees in connection with authorisations under section 5 of the 1968 Act, and updates existing powers to set fees in connection with museum firearm licences and shooting club licences.

Statutory Guidance

165. HMIC published a report in September 2015 on the outcome of their inspection of police firearms licensing departments. Police licensing departments deal primarily with the licensing of shotguns and other civilian firearms, for use by farmers and in recreational shooting. The report, Targeting the risk: An inspection of the efficiency and effectiveness of firearms licensing in police forces in England and Wales, September 2015, HMIC, recommended strengthening the safeguards in the current licensing regime and improving consistency across forces in the procedures they follow. To this end, section 133 introduces a power to issue statutory guidance to chief officers on the exercise of their firearms licensing functions, with a duty on chief officers to have regard to the guidance.

Alcohol: licensing

166. The Licensing Act 2003 ("the 2003 Act") regulates the sale and supply of alcohol, the provision of entertainment, and late night refreshment (hot food and hot drink sold between 11pm and 5am). Licensing authorities (district and borough councils or unitary councils) administer the system of licensing under the 2003 Act. They carry out their functions with a view to what is appropriate to promote the statutory licensing objectives, namely the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm.
167. The system of licensing is achieved through the provision of authorisations through personal licences, premises licences, club premises certificates and temporary event notices.
168. Personal licences authorise individuals to sell or supply alcohol from a premises licenced for that activity (though not every individual who works in a licensed premises will require a personal licence).
169. A premises licence authorises the holder of the licence to use the premises to which the licence relates ("the licensed premises") for licensable activities. A premises licence has effect until the licence is revoked or surrendered, but otherwise is not time limited unless the applicant requests a licence for a limited period.

Powdered alcohol

170. Powdered alcohol is not yet available in the UK. It has been authorised for sale in the United States of America but as far as is known it is not yet available to buy in America or anywhere else. It is designed to be mixed with water, or a mixer such as orange juice or cola, to make a drink of the normal strength (for example, a single shot of vodka). The 2003 Act defines alcohol as ''spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor''. As a result it is unclear whether powdered alcohol would fall within the current licensing regime.
171. Vaporised alcohol is alcohol in the form of a vapour which can be inhaled either straight from the air into which the vapour is pumped or by using an inhalation device. It is currently available in the UK.
172. Section 135 amends the 2003 Act to ensure that the law is clear that both powdered and vaporised alcohol fall within the regulatory regime provided for in that Act.

Summary review: interim steps

173. If a licensed premises becomes associated with serious crime or disorder the police can make an application to the licensing authority for a summary review of the licence. The licensing authority must consider within 48 hours whether it is necessary to impose interim steps (temporary conditions on a licence), for example, suspending the premises licence. These interim steps enable the licensing authority to act quickly in cases where there has been serious crime or serious disorder as it can take the steps immediately without first being obliged to hear representations from the holder of the premises licence in question. The hearing to review the licence must take place within 28 days of receipt of the application.
174. However, there is currently a legal ambiguity over whether or not interim steps remain in place until the process is complete, once appeal channels have been exhausted, or whether they can be withdrawn or amended at an earlier stage. Feedback from licensing authorities indicates that the legislation is being interpreted in some areas in a way which means that businesses are remaining closed or significantly restricted due to interim steps, sometimes for months, while an appeal is lodged. In other areas the opposite is happening and this can result in premises which pose a risk to the public continuing to operate during the appeal period. Either result can operate unfairly. Section 137 amends the law to ensure that licensing authorities can take appropriate action to protect the public and businesses subject to summary reviews are treated fairly.

Forfeiture and suspension of licences on conviction of relevant offences

175. The 2003 Act contains provision to enable a criminal court to order the forfeiture or suspension of a personal licence where the licensee has been convicted before the court of a relevant offence (namely one of the offences specified in Schedule 4 to the 2003 Act). Where a personal licence is revoked or suspended the licensee will be prevented from selling or supplying alcohol.
176. Where the holder of a personal licence is charged with a relevant offence, he or she must produce the licence to the court before the case against him or her is first heard. A personal licence holder is also required to notify the licensing authority where he or she is convicted of a relevant offence or a foreign offence. The licensing authority does not have the ability to suspend or revoke the licence; nor is there provision for a court to order the forfeiture or suspension of a licence other than at the point the licensee is being sentenced for a relevant offence.
177. Section 138 amends the 2003 Act to give licensing authorities the power to revoke or suspend a licence, and section 139 updates the list of offences in Schedule 4.

Cumulative impact assessments

178. Cumulative Impact Assessments (referred to as cumulative impact policies ("CIPs")), prior to being placed on a statutory footing, are intended to assist licensing authorities in carrying out their functions in relation to controlling the number or type of licence applications granted in an area where there is evidence of problems caused by high numbers of licensed premises concentrated in the area. The CIP scheme is currently set out in the statutory guidance issued under section 182 of the 2003 Act. The Government’s Modern Crime Prevention Strategy, published in March 2016, committed to putting CIPs on a statutory footing in order to provide greater clarity and legal certainty about their use and to ensure that any cumulative impact assessment is based on evidence. Section 141 gives effect to this. It also contains certain requirements as to the consultation which must be carried out before a cumulative impact assessment can be published. The opinion forming the basis of the assessment must be reviewed at least every three years.

Late night levy

179. The late night levy is a power, conferred on licensing authorities by provision in Chapter 2 of Part 2 of the 2011 Act. This enables licensing authorities to charge a levy to persons who are licensed to sell alcohol late at night in the authority’s area, as a means of raising a contribution towards the costs of policing the late-night economy. Before implementing a late night levy, the licensing authority must consider the costs of policing and other arrangements for the reduction or prevention of crime and disorder in connection with the supply of alcohol between midnight and 6am, and the desirability of raising revenue via the levy. The licensing authority must consult those who are likely to be affected, including by writing to licensees who may have to pay the proposed levy.
180. Presently the levy may only apply to premises selling alcohol and must apply to the whole of the licensing authority’s area, but licensing authorities may choose to apply exemptions and reductions (according to prescribed categories). The licensing authority can decide the ‘late night supply period’ (the times at which the levy is payable), which must begin at or after midnight and end at or before 6am, and must be the same every day.
181. The Government committed, in its Modern Crime Prevention Strategy, to improve the late night levy. Section 142 and Schedule 18 are intended to give greater flexibility to local areas by allowing licensing authorities to choose to impose the levy only in certain geographical areas of their licensing area. It also permits licensing authorities to impose a levy on late night refreshment establishments. The police may ask a licensing authority to make a proposal for a levy. This request must be supported by evidence, and both must be published by the licensing authority.

Financial sanctions

182. Sanctions are used as a foreign policy tool as part of a broader political and diplomatic strategy to achieve a desired outcome from a target country or regime. They are usually agreed and co-ordinated at an international level by the United Nations ("UN") Security Council and the European Union ("EU"). They may include travel, arms, financial and trade restrictions against the individuals and entities who are subject to the restrictions, and in some cases against broad sectors within a jurisdiction, for example, the EU financial restrictions that were put in place against Iranian banks.
183. The primary aim of all UN sanctions, as set out in Chapter VII of the UN Charter, is to implement decisions by its Security Council for the maintenance of international peace and security. The EU imposes sanctions to further its Common Foreign and Security Policy objectives.
184. Sanctions may be imposed on an individual or entity ('the target') to:

(a) Coerce the target into changing its behaviour, by increasing the cost on them to such an extent that they decide the offending behaviour is no longer optimal;

(b) Constrain the target, by trying to deny them access to key resources needed to continue their offending behaviour;

(c) Signal disapproval of the target as a way of stigmatising and potentially isolating them, or as a way of sending broader political messages to international or domestic constituencies.

185. Sanctions in recent years have been imposed on targets in Iran to bring about a change in their nuclear programme, in Egypt and other Arab Spring countries to secure suspected misappropriated assets during democratic transition and in Ukraine and Russia to signal disapproval of infringement of Ukraine’s sovereignty and territorial integrity.
186. Financial sanctions usually include prohibiting the transfer of funds and assets, directly or indirectly, to a sanctioned individual or entity, and a requirement to freeze their funds and assets. Other financial sanctions may also prohibit the provision of insurance and reinsurance, financial services, or financing for either specific sectors or target entities.
187. The UK currently has 27 international financial sanctions regimes in force including the sanctions regime targeting ISIL (Daesh) and Al-Qaida. Domestically, the UK also implements terrorist financing restrictions through the Terrorist Asset Freezing etc. Act 2010 ("TAFA"). A full list of financial sanctions regimes can be found online at HMT’s financial sanctions page.
188. When sanctions are imposed by the UN or the EU, the UK acts on its international obligations to give effect to the sanctions in UK law. UN sanctions are implemented by the EU and once implemented through EU regulations, they take direct effect in the UK.

Enforcement

189. Currently the UK enacts domestic statutory instruments to make it a criminal offence to breach financial sanctions. However a licence or authorisation from HM Treasury can be granted to permit an action that would otherwise be prohibited.
190. The European Communities Act 1972 ("1972 Act") limits the maximum penalty for offences created by regulations made under section 2(2) of the Act, including offences related to breaching of financial sanctions, to two years’ imprisonment (upon conviction on indictment in the Crown Court (or equivalent)) and three months (upon summary conviction in a magistrates’ court (or equivalent)).
191. This is inconsistent with penalties for similar offences in other sanctions regimes, for example, offences under TAFA carry a maximum penalty of seven years’ imprisonment.
192. Enforcement measures available for a breach of financial sanctions are currently limited to criminal prosecution or an administrative warning letter.
193. In the Summer Budget 2015 (HC264), the Chancellor announced the creation of a new Office of Financial Sanctions Implementation, which was established within the Treasury on 31 March 2016. The Budget report stated the following:

"The Office will provide a high quality service to the private sector, working closely with law enforcement to help ensure that financial sanctions are properly understood, implemented and enforced. This will ensure financial sanctions make the fullest possible contributions to the UK’s foreign policy and national security goals and help maintain the integrity of and confidence in the UK financial services sector. The government will also legislate early in this Parliament to increase the penalties for non-compliance with financial sanctions."

194. To support the work of the new unit, and ensure that financial sanctions are properly enforced, Part 8 of the Act:

• Provides for an uplift of criminal penalties for EU financial sanctions by applying a gloss to section 2(2) of the 1972 Act, and amending the Anti-Terrorism, Crime and Security Act 2001 and Counter-Terrorism Act 2008. The changes will enable the maximum custodial sentence for a criminal breach of financial sanctions to be increased from two to seven years for conviction on indictment and from three months to six months (12 months in Scotland) on summary conviction.
• Creates a monetary penalties regime for breaches of financial sanctions regimes.
• Includes financial sanctions in the list of offences to which Deferred Prosecution Agreements ("DPAs") and Serious Crime Prevention Orders ("SCPOs") apply.
• Enables the temporary implementation of UN Security Council Resolutions by UK legislation until their implementation via EU law.

Miscellaneous and General

National Crime Agency

195. The NCA's core mission, as set out by the then Government in National Crime Agency: A Plan for the Creation of a National Crime Fighting Capability (published in June 2011), is to lead the UK’s fight to cut serious and organised crime. It is responsible for tackling major organised crime, such as drug and people trafficking, serious crime such as child sexual exploitation and complex international fraud, including cyber-crime. The NCA came into being in October 2013.
196. The NCA has a strategic role, bringing together intelligence from the UK and abroad to understand the international nature of organised criminal gangs, how they operate and how they can be disrupted.
197. The NCA has more than 4,000 officers and operates across the UK, respecting the devolution of policing in Scotland and Northern Ireland.
198. The NCA has close working partnerships with other government departments, UK police forces and other law enforcement agencies. It also has the power to direct chief officers of police forces and law enforcement agencies in England and Wales to undertake specific operational tasks to assist the NCA or other partners.
199. Reflecting the experience of its initial two years of operations, sections 157 and 158 and Schedule 19 make changes to the arrangements under which the NCA may enter into collaboration agreements with other law enforcement agencies and the enforcement powers with which the Director General of the NCA can designate officers.

Requirements to confirm nationality

200. Foreign nationals comprise 12% of the prison population in England and Wales29. The Government aims to remove as many Foreign National Offenders ("FNOs") as quickly as possible to their home countries, to protect the public, to reduce costs and to free up spaces in prison. The number of FNOs removed from the UK has increased from 4,539 in 2011/1230 to 5,277 in 2014/1531. More than 25,000 FNOs have been removed from the UK in the period 2010 to 201532.
201. The Immigration Act 2014 provided for a revised deportation process so that, in cases where there is no real risk of serious irreversible harm to the individual, an FNO can only exercise his or her right of appeal from outside the UK, thereby allowing for the more rapid deportation of many FNOs. Most FNOs do not appeal once returned to their home country. By the end of 2015 more than 2,600 FNOs have been removed under the new 'deport first, appeal later' powers, since they came into force in July 2014.
202. However, the Public Accounts Committee (in its report Managing and removing foreign national offenders, 12 January 2015) called for more to be done to identify FNOs earlier in the criminal justice process. The report stated: "Identifying FNOs early, including obtaining relevant documents such as passports, is crucial to speeding up removal at a later stage and managing the risk posed by the FNO while in prison."
203. The Government believes that establishing nationality at the earliest opportunity post-arrest is ideally achieved through seizing identity documents. Successfully establishing identity early post-arrest helps to facilitate overseas criminal records checks - if serious offending is revealed this can allow the Home Office to consider deportation action even in cases where an individual is released without charge. Missing opportunities to establish the nationality of individuals early in the process can cause significant delays later, when seeking to deport FNOs and illegal immigrants from the United Kingdom.
204. However, successful identification is particularly difficult where an individual is not carrying a document at the time of arrest. Although it is already possible for officers to search premises for identity documents, this is resource intensive and to require officers to do so in every case would be a disproportionate use of police resources. The provisions in sections 159 to 161 seek to supplement these powers to give the police and immigration officers more opportunities to establish identity and nationality on arrest, and obtain documents from suspected FNOs where the police and immigration officers cannot utilise existing search powers or the individual cannot provide documents whilst in custody. A statutory requirement (backed by criminal sanction) on all defendants, regardless of their nationality, to state their name, date of birth and nationality in court will provide an added incentive for suspected foreign nationals to comply with the police in establishing their identity on arrest. It will also provide a second opportunity to capture this information for those who failed to give these details to the police.

Seizure of travel documents

205. The cancellation of foreign travel documents and British passports is an important tool in the fight against terrorism, and in particular in disrupting people travelling to conflict zones to fight or receive terrorist training ("foreign fighters").
206. Present legislation (Schedule 8 to the Anti-social behaviour, Crime and Policing Act 2014) allows a police officer, customs officer or Immigration Officer to seize an invalid foreign or British travel document at a port. It also allows a police officer to seize a British (but not foreign) passport, away from a port, where that passport has been cancelled on public interest grounds, and where the Home Secretary has authorised use of the power. There is currently no power to seize an invalid foreign passport away from a port.
207. In December 2014, the EU made some technical changes to the Second Generation Schengen Information System ("SIS II"), in which the UK takes part, encouraging participating States to notify each other via SIS II when they had cancelled the travel document of a suspected foreign fighter. The objective of this change was to encourage other Member States to seize the travel documents if they came across them. At present, the UK would be unable to take action if the police or immigration enforcement came across a cancelled travel document away from a port. This means that the bearer would be able to continue using the document for travel, which creates a security risk.
208. Section 163 addresses this issue by providing a power to search for and seize invalid foreign travel documents away from ports and provide an accompanying power of entry to premises to search for and seize invalid foreign travel documents and British passports cancelled for reasons related national security.

Pardons and disregards

209. The 2015 Conservative Party manifesto made a commitment to "build on the posthumous pardon of Enigma codebreaker Alan Turing, who committed suicide following his conviction for gross indecency, with a broader measure to lift the blight of outdated convictions of this nature. Thousands of British men still suffer from similar historic charges, even though they would be completely innocent of any crime today. Many others are dead and cannot correct this injustice themselves through the legal process we have introduced while in government. So we will introduce a new law that will pardon these people, and right these wrongs." The pardon for Alan Turing was granted by HM The Queen in December 2013.
210. Under Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 ("the 2012 Act"), which extends to England and Wales, individuals may apply to the Home Secretary for a formal disregard of their convictions for buggery and gross indecency between men. If the Home Secretary decides that it appears that certain conditions are met (for example, the other person involved in the conduct constituting the offence consented to it and was aged 16 or over), the conviction becomes disregarded and is deleted or annotated and will no longer be disclosed, including in Disclosure and Barring Service certificates or in court proceedings. Details of the number of applications for disregards since the scheme began is provided below.
211. Sections 164 to 172 give effect to the manifesto commitment, provide for an equivalent disregard scheme in Northern Ireland to that in the 2012 Act, provide for pardons for any living person who has a conviction or caution disregarded under the 2012 Act or equivalent Northern Ireland scheme, and allow the Secretary of State and Department for Justice in Northern Ireland to extend by regulations the disregard schemes to other offences that regulated, or were used to target, homosexual activity.

Disregards: 1 January 2017

Applicants	Cases	Cases Accepted	Cases Rejected	Cases in Progress
297	399	95	276	28

Accepted cases

Section 12 of the Sexual Offences Act 1956 (buggery)	Section 13 of the Sexual Offences Act 1956 (gross indecency)	Military equivalents	Older legislation	TOTAL
4	88	3	0	95

Rejected cases

In public lavatory	Non consensual	Under age	Not eligible 1	No info found	Unrelated 2	TOTAL
51	8	6	26	14	171	276

[1] Not eligible - indecent exposure etc

[2] Unrelated - benefits fraud, drugs possession etc.

Some cases may be rejected for more than one reason, in which case only one reason is counted in the statistics.

Forced marriage: anonymity for victims

212. In a speech at Ninestiles School in Birmingham on 20 July 2015, the then Prime Minister announced the Government’s intention to introduce lifelong anonymity for victims of forced marriage, and the Government’s cross-Government violence against women and girls strategy33 published on 8 March 2016 set out a commitment to bring forward legislation to introduce this measure. Section 173 and 174 give effect to that commitment and make corresponding provision for Northern Ireland.

Protection of children and vulnerable adults

213. Local authorities in England and Wales (and, in London, Transport for London) are responsible for licensing taxi and private hire vehicle ("PHV") operators and drivers.
214. When issuing taxi licences, local authorities must ensure that anybody who holds a licence is deemed a 'fit and proper person'. This will typically involve a criminal record check, a medical check, a driving test, a comprehensive topographical examination, and a check on the financial standing of the prospective proprietor. There is no statutory requirement for local authorities to carry out a criminal record check before issuing a licence to a taxi driver. As they are, however, required to ensure that the applicant is a 'fit and proper person', many authorities do, in fact, undertake such a check. Most councils have also adopted provisions that subject PHV drivers and operators to licensing.
215. Both the Jay34 and Casey Reports35 into child sexual exploitation noted the prominent role played by taxi and PHV drivers in a large number of cases of abuse. The Casey Report in particular uncovered what was described as "weak and ineffective arrangements for taxi licensing which leave the public at risk."
216. To assist local authorities in undertaking their licensing functions, the Department for Transport has published, most recently in 2010, Best Practice Guidance for local authorities on taxi and PHV licensing36.
217. To help reduce the risk posed to children and vulnerable individuals from harm by taxi and PHV drivers who seek to abuse their position of trust, section 177 confers a power on the Secretary of State to issue statutory guidance to licensing authorities on the exercise of their taxi and PHV licensing functions.

Coroners' investigations into deaths: meaning of "state detention"

218. In England and Wales, coroners must undertake an investigation into a person’s death when the coroner has reason to suspect that "the deceased died while in custody or otherwise in state detention" (section 1 of the Coroners and Justice Act 2009).
219. A person is in state detention for the purposes of coroner legislation when compulsorily detained by a public authority. Under the Mental Capacity Act 2005 ("the 2005 Act") a person who lacks capacity may be detained in circumstances which amount to deprivation of liberty. In 2014 the Supreme Court judgment in the cases of P v Cheshire West and Chester Council and P&O v Surrey County Council (Cheshire West) clarified the circumstances in which an authorisation of deprivation of liberty and the associated safeguards provided by the 2005 Act are likely to be required now including, for example, elderly persons with dementia living in care homes.
220. Since that ruling there has been a 10-fold increase between 2013 and 2015 in received applications of deprivation of liberty authorisations under the provisions of the 2005 Act and coroner inquests subsequently increased by over a quarter between 2014 and 2015. In 2015 the vast majority of such deaths would not have otherwise required a coroner’s investigation (if the person had not been deprived of their liberty under the 2005 Act) with just 1% of such inquests concluded other than as a ‘death by natural causes’.
221. The Chief Coroner in his 2015/16 annual report recommended that the Coroners and Justice Act 2009 be amended to remove such cases from the category of "in state detention". Section 178 gives effect to this recommendation.